Clearya Terms of Use and Privacy Policy
Last updated: December 17, 2022
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.
By using Clearya you agree to the following Terms of Use and Privacy Policy. If you disagree with any part of these Terms of Use or Privacy Policy, please uninstall Clearya and do not use it. If you have any questions please let us know at: hello@clearya.com.
Introduction
Clearya is a browser extension (the "Extension"), cloud-based software and data, a website (available at: www.clearya.com, the "Website"), applications for iPhone, iPad and Android mobile devices (the "Mobile App"), and service, which are intended to help individuals make informed choices about their exposure to product ingredients and/or substances which may pose a health (together "Clearya") by displaying information (the "Warnings") about such ingredients.
The purpose of these terms of use (the "Terms") is to regulate the relations between the developer and operator of Clearya, Covalent Bits™ Ltd. ("Us", "Our", or "We") and any person and/or entity using Clearya and the Our Service.
It is hereby clarified and agreed that We provide the Service and display Warnings according to information that Clearya receives from third parties (such as ingredient lists published by online retail websites, brand websites, and product label photos and package photos received from users), and according to information in publicly available third party chemical databases, chemical hazard lists, product-testing lab data, and other third party sources (together the “Hazard Data”), 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 regarding a product's specific ingredients, or display related products which ingredient lists exclude certain ingredients (“Related Products”), 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.
The use of Clearya is restricted solely to lawful, personal, non-commercial purposes by individuals, in accordance to these Terms and the Privacy Policy and according to any applicable law.
By using Clearya, You agree to be bound by the Terms and the Privacy Policy. If You do not agree with all or part of the Terms and the Privacy Policy, please remove the Extension and the Mobile App, leave the Website, and refrain from any use of Clearya.
If You have any questions regarding the Terms and/or Privacy Policy you may contact Us at: hello@clearya.com.
Definitions
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 brand websites) and from product label and package photos received from users, and may be partial, misspelled, or otherwise different than the actual ingredients of the product being sold; that the Hazard Data used by Clearya do not encompass all possible health risks and may contain debatable classifications; and that these Hazard Data are updated periodically and may not always be up to date.
Since Clearya does not control the content of the third party websites or product label and package photos it processes nor the accuracy of the third party Hazard Data, 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 Clearya should be solely for basic indication made by third parties of potentially unsafe ingredients in certain products and may not be considered as health consulting, environmental 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. Clearya 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 Clearya will provide You with any immunity from health risks, and You are aware of the risks of Your use and reliance on Clearya including the fact that Clearya cannot ensure 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 Clearya and We may not be considered as an entity which warranted any service and/or protection.
The Services provided by Clearya may be interrupted and/or may face errors. We do not warrant that Clearya 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 Clearya is continuous and You may use the Service at any time. However, the activity of Clearya 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 incorrect ingredient lists or wrongly classified ingredients, please inform Us at: hello@clearya.com.
The optional Capture Ingredients feature is intended for uploading photos of product labels and product packages to Clearya. You hereby warrant to Clearya that You will not use the Capture Ingredients feature and/or will not upload photos or any Content which is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, personally identifiable, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, content which may mislead third parties and/or any content which harms any acceptable norms of using the internet and which may harm the internet users and specifically Clearya and its users. Clearya reserves its right to refuse to use and/or upload and/or approve any content which violates the above.
User's Warranties
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 Clearya immediately and to block Your access to Clearya 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; Granting License
Clearya, the Website, Extension and Mobile App, are 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 Clearya are solely reserved to Us.
You may use Clearya solely for Your own lawful personal use. You may not use Clearya for any other purpose. You may not make any commercial use of Clearya, 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 Clearya 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, Mobile App, Website, 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: hello@clearya.com.
Android, Google Play, and the Google Play logo are trademarks of Google LLC.
iPhone, iPad, Apple and the Apple Store are registered trademarks of Apple Inc.
By using the optional Capture Ingredients feature You hereby grant Clearya a license to use, distribute and display photos uploaded by You via the Capture Ingredient feature. Furthermore Clearya will not be required to include credit to such photos and Clearya may also edit such photos in means of changing resolution, dimensions, cropping, etc.
Use of Personal Information
We respect the privacy of all users of Clearya. Information regarding use of Your information can be found in the Privacy Policy.
Security
The Extension and Mobile App are secured to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Extension, Mobile App, Clearya's servers, and Website, including, but not only, theft of information and breaching the security mechanisms of Clearya. We will act against You in such case by any means permitted by law including blocking Your access and use of Clearya and taking legal actions against You in such case.
Acknowledgments
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 Clearya and continues until You refrain from any use of Clearya 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 Clearya at the time of Your use of Clearya. You are responsible to check any updates of the Terms by entering the Terms from time to time. Your continuation of using Clearya will be considered as consent to such amended terms.
We reserve Our rights to change or terminate the activity of Clearya 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 Clearya is currently free of charge. However, We reserve our rights to charge fees for future use of Clearya, in whole or in part, and You shall have no claim against Us in such case.
This Agreement, including the Privacy Policy, constitutes the entire agreement between You and Us and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
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: hello@clearya.com.
Introduction
This privacy policy (the "Privacy Policy") is an integral part of the Terms of Use and both documents should be read together. Your privacy is important to Us. Please review this Privacy Policy to learn how Clearya uses Your information collected from Your use of the Extension, Mobile App and Website.
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
Currently Clearya may only collect information when you visit clearya.com or the following websites: amazon.com, target.com, walmart.com, iherb.com, and sephora.com. These websites are referred to in this Privacy Policy as the "Supported Shopping Websites". As Clearya supports additional websites in the future, such websites will be added to the list of Supported Shopping Websites in this section.
Clearya has no access permissions to any website You browse to, other than to clearya.com and to the aforementioned Supported Shopping Websites.
Collected Information
During Your use of the Extension and Mobile App, 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
All collected information as stated above is stored in Our database. We warrant to use such information according to the Privacy Policy and/or according to any applicable law and for the following purposes:
In accordance with the California Consumer Privacy Act (CCPA) we do not sell your personal information.
Use of Product related information: the Extension and Mobile App send 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 Extension and Mobile App.
Use of Information related to Your engagement with Clearya: We use common third party tools: Google Analytics and Mixpanel for the Extension, and Google Firebase and Sentry for the Mobile App, to collect anonymous information about Your interaction with the Clearya user interface, for example, to indicate which buttons are clicked in our Extension or Mobile App, our Website or a Supported Shopping Website, and to collect anonymous technical information when the Extension or Mobile App encounter a technical error. We use this information to detect when the application and our website do not function properly and to improve the user experience and make Clearya easier to use. Mixpanel's privacy policy is available at: https://mixpanel.com/legal/privacy-policy. Google's privacy policy is available at: https://policies.google.com/privacy. Sentry's privacy policy is available at: https://sentry.io/privacy.
We use Facebook Pixel on the Clearya Website (but we do not use it on our Extension itself or Mobile App), to allow us to present to visitors of the Clearya website ads about Clearya on Facebook and to monitor ad performance. This is done anonymously: Clearya has no access to your Facebook profile and no personal information is collected by Clearya as a result. You can learn how to adjust ads and opt out of Facebook ad targeting here: https://www.facebook.com/help/568137493302217. Facebook's privacy policy is available at: https://www.facebook.com/about/privacy.
We use TikTok Pixel on the Clearya Website (but we do not use it on our Extension itself or Mobile App), to allow us to present to visitors of the Clearya website ads about Clearya on TikTok and to monitor ad performance. This is done anonymously: Clearya has no access to your TikTok profile and no personal information is collected by Clearya as a result. You can learn how to adjust ads and opt out of TikTok ad targeting here: https://support.tiktok.com/en/account-and-privacy/personalized-ads-and-data/personalization-and-data. TikTok's privacy policy is available at: https://www.tiktok.com/legal/privacy-policy.
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.
The use of information received from Google APIs will adhere to the Chrome Web Store User Data Policy, including the Limited Use requirements.
Transferring Information to Third Parties
We may transfer and/or share Your information in the following events and circumstances:
Use of Cookies
Cookies are small text files that are stored by many websites in the user's computer to remember specific information about the user's session when the user uses the website and reconnects to it. Clearya uses third party tools, Google Analytics and Mixpanel, to learn how Users engage with the Clearya user interface. Google Analytics and Mixpanel may use Cookies to function properly. In addition, Clearya assigns a User ID to You, which does not identify you personally, and is stored in Your computer or device along with your alert settings. If you wish to block or delete cookies from your Chrome browser, follow these instructions.
Data Security
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 Mobile App and perform modifications and upgrades accordingly in order to keep the Extension and Mobile App secure. 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: hello@clearya.com.
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: hello@clearya.com.
You can easily remove Clearya and stop all information collection by Clearya by uninstalling the Clearya Extension from Your browser, and by uninstalling the Mobile App from your phone. Extension removal: 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. Mobile App removal: to remove Clearya Mobile App from your phone, simply uninstall the app.
Data Retention
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: hello@clearya.com. Non-personally identifiable information collected by Clearya may be retained by Clearya after You uninstall the Clearya Extension or Mobile App.
Changes to This Privacy Policy
We may occasionally update this Privacy Policy. We will notify You by prominently posting notice of the changes and will state at the heading of the Privacy Policy the date of change.
Contact Us
If You have any questions about our Terms of Use, Privacy Policy or Your privacy please contact Us at: hello@clearya.com.
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