Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and ClearConverse Corporation (“ClearConverse,” “we,” “us,” or “our”) governing your access to and use of the CrystalQore platform, website, and related services (collectively, the “Service”).

By creating an account, accessing the Service, or clicking “I Agree,” you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

CrystalQore is a unified communications (UC) platform that provides voice calling, team messaging, email, SMS, fax, video conferencing, file sharing, and related collaboration tools. The Service is available in the following editions:

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice before discontinuing material features.

3. Account Registration & Security

To use certain features of CrystalQore, you must register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security of your password and accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You are responsible for all activity that occurs under your account. ClearConverse will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

Organization administrators are responsible for managing user access within their organization, including granting and revoking permissions, and ensuring compliance with these Terms by all users under their organization.

4. Subscription Plans & Payment

4.1 Available Plans

4.2 Billing & Payment

• Paid plans are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms or required by law
• Prices are listed in U.S. dollars and are exclusive of applicable taxes
• We reserve the right to change pricing with 30 days' advance notice
• Failure to pay may result in suspension or termination of your account

4.3 Free Trials

We may offer free trial periods at our discretion. At the end of a trial, you will be required to select a paid plan to continue using Premium features. If you do not subscribe, your account will be downgraded and data may be deleted after a 30-day grace period.

5. Acceptable Use Policy

You agree not to use CrystalQore to:

• Violate any applicable law, regulation, or third-party rights
• Transmit spam, unsolicited communications, or robocalls
• Distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Interfere with or disrupt the integrity or performance of the Service
• Harvest, scrape, or collect data from other users without consent
• Impersonate any person or entity, or misrepresent your affiliation
• Use the Service for any illegal, fraudulent, or deceptive purpose
• Engage in activities that generate excessive load intended to degrade service quality
• Circumvent any rate limits, security measures, or access controls

We reserve the right to investigate violations and may suspend or terminate accounts that breach this policy. Serious violations may be reported to law enforcement.

6. Intellectual Property

6.1 ClearConverse's Rights

CrystalQore, including its source code (excluding Community Edition under Apache 2.0), design, logos, trademarks, documentation, and all related intellectual property, is owned by ClearConverse Corporation. Except as expressly granted in these Terms, no right, title, or interest in the Service is transferred to you.

6.2 Your Content

You retain all rights to data, messages, files, and other content you create or upload through the Service (“User Content”). By using the Service, you grant ClearConverse a limited, non-exclusive license to process your User Content solely as necessary to provide and improve the Service.

We will never use your communications content (messages, calls, files) for advertising purposes or sell it to third parties.

7. Open Source License

The CrystalQore Community Edition is released under the Apache License, Version 2.0. This means you are free to:

• Use the software for any purpose, including commercial use
• Modify the source code and create derivative works
• Distribute copies of the original or modified software
• Grant sublicenses to the software

The Apache 2.0 license requires you to include the original copyright notice and license in any copies or substantial portions of the software, and to state any changes you have made.

Certain Premium features, plugins, and integrations may be subject to separate commercial licenses and are not included in the open source release.

8. Data Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For the Premium hosted service, ClearConverse acts as a data processor on behalf of your organization (the data controller). We process your data only as necessary to provide the Service and in accordance with our Privacy Policy and any applicable Data Processing Agreement.

9. Service Level Agreement

For Premium hosted customers, ClearConverse provides service level commitments as described in the applicable Service Level Agreement (SLA). Key commitments include:

• 99.9% uptime guarantee for Professional plans
• 99.99% uptime guarantee for Enterprise plans
• Scheduled maintenance windows with advance notice
• Service credits for downtime exceeding the guaranteed uptime

The Community Edition is provided “as is” without any uptime guarantees or SLA commitments. Self-hosted users are responsible for their own availability and disaster recovery.

10. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEARCONVERSE CORPORATION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless ClearConverse Corporation and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; or (d) any User Content you submit, post, or transmit through the Service.

12. Termination

By You: You may terminate your account at any time through the account settings or by contacting us. Upon termination, your right to use the Service will immediately cease. You remain responsible for any outstanding fees.

By Us: We may suspend or terminate your account at any time if: (a) you breach these Terms or the Acceptable Use Policy; (b) your account has been inactive for 12 months or more; (c) we are required to do so by law; or (d) we discontinue the Service.

Effect of Termination: Upon termination, you may request an export of your data within 30 days. After 30 days, we will delete your data in accordance with our data retention practices. Provisions of these Terms that by their nature should survive termination will continue to apply (including Sections 6, 10, 11, and 13).

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware by a single arbitrator.

The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise.

13.3 Class Action Waiver

YOU AND CLEARCONVERSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights. Claims under $10,000 may be brought in small claims court.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will provide at least 30 days' notice before the new terms take effect by:

• Posting the updated Terms on our website with a new “Last Updated” date
• Sending an email notification to the address associated with your account
• Displaying a notice within the Service

Your continued use of CrystalQore after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and may terminate your account.

15. Contact Information

If you have any questions about these Terms of Service, please contact our legal team: