Last updated: August 15, 2019
Welcome to Clearya™. Clearya is intended to help individuals make informed choices about their exposure to product ingredients which may affect their health by displaying information about such ingredients.
Clearya is a browser extension, cloud-based software and data, a website (available at: www.clearya.com, the "Website") and service, which are intended to help individuals make informed choices about their exposure to product ingredients and/or substances which may affect their health (together the "Extension" or "Clearya") by displaying information (the "Warnings") about such ingredients.
It is hereby clarified and agreed that We provide the Service and display Warnings according to information that the Extension receives from third party webpages (such as ingredient lists published by online retail websites), and according to information in publicly available third party chemical databases processed by Us (such as toxicity databases), and therefore shall have no liability for any inaccuracy and/or false information you may receive regarding a certain product or its ingredients, and in case of any inaccuracies, all claims You may have should be addressed to such third party website and/or any other entity which provided information on a certain ingredient or product and You shall have no claims and/or demands against Us including, but not only, in case of exposure to potentially hazardous products.
Note that while Clearya may highlight information related to a product's specific ingredients, Clearya does not make any representations about any product. References to any manufacturer, retailer, product name or trademark do not constitute or imply its endorsement, recommendation, or a positive or negative safety or health assessment by Clearya.
Disclaimer, Liability and Limitation of Liability
Clearya makes reasonable efforts to provide current and useful Content. However, You should be aware that product ingredients processed by Clearya are obtained from third party websites (such as online retail websites) and may be partial, misspelled, or otherwise different than the actual ingredients of the product being sold; that the chemical databases used by Clearya do not encompass all possible health risks and may contain debatable classifications; and that these databases are updated periodically and may not always be up to date.
Since Clearya does not control the content of the third party websites it processes nor the accuracy of the third party chemical and toxicity datasets it processes, which together form the input for providing its Service, and since science, regulations, and product formulations are in constant change, Clearya cannot guarantee providing fully accurate analysis at any point in time. Therefore, Clearya explicitly disclaims all warranties expressed or implied, as to the Service and its operation, and as to the Warnings and other Content's accuracy, completeness, or reliability, whether presented or omitted (including for example the accuracy of product ingredient lists, and the correctness of Warnings or their lack thereof). Clearya displays information on an "as-is" and "as-available" basis.
Warnings displayed by Clearya may include ingredient risk classification, certainty level and restrictions (for example, restriction by certain use or concentration), all given as published by their referenced source. Other than making this information available to You, Clearya cannot assess whether it applies to the ingredient's concentration in a specific product or to the way an ingredient is used in a specific product. It is Your responsibility to decide whether the Warning or information applies to your situation and to the specific product. Clearya provides only general knowledge and may not be considered as a replacement for Your personal judgment regarding a certain product.
Clearya disclaims any liability for any consequences due to use, misuse, or interpretation of Clearya and data presented or omitted by Clearya. In no event shall Clearya or its officers be liable for any damages whatsoever, including but not limited to special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to Clearya, the Service or Content. The User is responsible to ensure that any product purchased by the User satisfies the User's requirements and expectations.
Any use of the Extension should be solely for basic indication made by third parties of potentially risky ingredients in certain products and may not be considered as health consulting, expert opinion, medical advice, recommendation or any commitment that a specific ingredient or product is hazardous or, on the contrary, that such ingredient or product is safe. The Extension is not a replacement for the User's independent judgment regarding products consumed and/or purchased by the User.
We do not guarantee You that any of Your actions using the Extension will provide You with any immunity from health risks, and You are aware of the risks of Your use and reliance on the Extension including the fact that the Extension cannot ensure full protection from potentially-hazardous ingredients or products. We will not be liable under no circumstances to any damage and/or loss resulting from Your reliance on the Extension and We may not be considered as an entity which warranted any service and/or protection.
The Services provided by the Extension may be interrupted and/or may face errors. We do not warrant that the Extension will be immune of any illegal access to Our computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to Us and/or any of Our providers. We shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information.
The Service provided by the Extension is continuous and You may use the Service at any time. However, the activity of the Extension may be interrupted from time to time due to errors which are not controlled by Us and/or due to other reasons such as maintenance reasons, and You will not have any claims against Us in such case.
In case of any mistaken Warnings such as wrongly classified ingredients, please inform Us at: email@example.com.
Should You breach any of the Terms, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to Us and we will have the right to terminate Your use of the Extension immediately and to block Your access to the Extension without prior notice and at Our sole discretion and You will have no claims against Us in such case. Furthermore, in such case You will indemnify Us, Our employees, managers, shareholders and/or anyone on Our behalf for all damage, loss, loss of profits, payment and/or expense caused to Us including attorney fees and court fees.
Intellectual Property, Permitted and Prohibited Use
The Extension is solely owned by Us and all intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence related to the Extension are solely reserved to Us.
You may use the Extension solely for Your own lawful personal use. You may not use the Extension for any other purpose. You may not make any commercial use of the Extension, whether for your own benefit or for a third party's benefit.
You may not copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way the Extension and Content, whether manually or automatically, without the Our prior and written consent.
Any automated access or automated retrieval of information contained in the Clearya Extension or servers are strictly prohibited, whether for personal or commercial use, including for the benefit of third parties.
Nothing contained in the Terms will be construed as granting any intellectual property rights to You or other intellectual property right that has issued or that may issue based on the Terms.
All trademarks and brand names displayed by Clearya are the property of their respective owners. We respect all intellectual property rights of third parties and make all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to Us at: firstname.lastname@example.org.
Use of Personal Information
The Extension is secured to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Extension including, but not only, theft of information and breaching the security mechanisms of the Extension. We will act against You in such case by any means permitted by law including blocking Your access and use of the Extension and taking legal actions against You in such case.
The Service is assisted by various chemical and toxicity datasets and reports, including the following:
Term and Termination
This Agreement commences on the day You start using the Extension and continues until You refrain from any use of the Extension and Our services, or until terminated by Us at Our sole discretion.
We reserve Our rights, at Our sole discretion, to amend the Terms at any time. It is clarified that the binding terms will be the Terms available at the Extension at the time of Your use of the Extension. You are responsible to check any updates of the Terms by entering the Terms from time to time. Your continuation of using the Extension will be considered as consent to such amended terms.
We reserve Our rights to change or terminate the activity of the Extension or any part thereof without providing any prior notice and in such case We shall have no liability for any damage or loss caused to You or any other third party.
All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
General Terms and Governing Law and Messages
Using the Extension is currently free of charge. However, We reserve our rights to charge fees for future use of the Extension, in whole or in part, and You shall have no claim against Us in such case.
This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.
If You have any inquiries regarding the Terms, You may contact Us at: email@example.com.
Before we describe the details, we would like to emphasize the bottom lines:
In plain words, we collect limited information in order to deliver our service to you and will not misuse the information you share with us.
Supported Shopping Websites
Clearya has no access permissions to any website You browse to, other than to clearya.com and to the aforementioned Supported Shopping Websites.
During Your use of the Extension while browsing in the aforementioned Supported Shopping Websites, the following information, which does not personally identify you, may be collected:
You are not requested to share any personally identifiable information with Us to use Clearya. However, if You choose to contact Us, You may do so by initiating an online chat, sending Us an email or filling an online form with Your message, name, and Your email address, and We will use this information to respond to Your message. Unless You explicitly provide such information to Us, no personally identifiable information shall be collected about You.
If You are under 13 years of age, please do not send Clearya any information about yourself including Your name and email address.
Use of Information
Use of Product related information: the Extension sends product related information when you visit a specific Supported Shopping Website to the Clearya server. The server performs analysis, such as comparing the product ingredients to datasets of known toxicants that Clearya has access to. The results of this analysis are then displayed to You by the Clearya browser extension.
We may aggregate non-personally identifiable information which We collected as detailed above, and may share such cumulative information with third parties. For example, We may report the number of potentially-hazardous ingredients users have reviewed in aggregate.
If You provide your contact details to Us, such as your email address, We may use it to respond to Your message or to update You about Clearya.
Transferring Information to Third Parties
We may transfer and/or share Your information in the following events and circumstances:
We take appropriate security measures for data security purposes to help prevent unauthorized persons from gaining access to Your personal information. However, no system can be completely secure. Therefore We do not warrant that Our services will be totally immune to any breaches of security and/or unauthorized access, including access to the data stored in the Clearya cloud servers.
We inspect, from time to time, the data security of the Extension and perform modifications and upgrades accordingly in order to keep the Extension's security. Nonetheless, We will not be liable for any direct or indirect damage caused to You due to exposure of Your information by an unauthorized access to Our database or software and/or due to any negligence or act not controlled by Us.
Your Right to Browse Your Information
Every individual has the right to browse the information gathered on them and stored in databases. An individual who found that their stored information is incomplete, inaccurate, unclear and/or updated may address the owner of such database and request the amendment and/or update and/or removal of their information.
If such information of an individual is used for personal contact, they may request in writing and according to the law that such information will be deleted from the database. You may contact Us regarding such issue at: firstname.lastname@example.org.
Opting out of Clearya
If You provided Your email address to Us, You may unsubscribe from receiving email communication from Clearya at any time by contacting Us at: email@example.com.
You can easily remove Clearya and stop all information collection by Clearya by uninstalling the Clearya extension from Your browser. Simply follow the standard process for uninstalling browser extensions. For example, go to your Chrome Extensions list by entering chrome://extensions in the Chrome address bar, find Clearya in the list of your installed extensions, and click Remove.
If You have provided personally identifiable information to Us (for example, You sent Us an email with a private message) and would like it to be deleted, please contact Us at: firstname.lastname@example.org. Non-personally identifiable information collected by Clearya may be retained by Clearya after You uninstall the Clearya browser extension.