CleverFiles Inc. – Terms of Service
Clever AI Humanizer · Clever AI Detector · Clever AI Paraphraser · Grammar Checker
Version: 2.1
Effective date: September 30, 2026
Provider: CleverFiles Inc., a Delaware corporation, 122 Delaware St #E-2, New Castle, DE 19720, USA
Contact: support@cleverhumanizer.ai
IMPORTANT: THIS IS A LEGALLY BINDING CONTRACT. By creating an account or by using the Services, You agree to these Terms of Service. If You do not agree, do not create an account and do not use the Services. Section 14 contains an arbitration agreement and a class-action waiver that apply to users in the United States, and a 30-day right to opt out of them. Section 13 sets out rights that apply instead if You are a consumer in the EEA, the EU or the UK.
Table of Contents
- Who we are and what these Terms cover
- Eligibility and Your account
- The Services, changes and availability
- Your text, our text, and ownership
- How we handle text You submit
- Acceptable use
- Terms specific to individual tools
- Paid plans, automatic renewal and refunds
- Suspension and termination
- Disclaimers
- Limitation of liability
- Indemnification (business users only)
- If you are a consumer in the EEA, EU or UK
- Disputes, arbitration and governing law
- Changes to these Terms
- General
1. WHO WE ARE AND WHAT THESE TERMS COVER
1.1 The parties. These Terms of Service (the “Terms”) are an agreement between CleverFiles Inc., a Delaware corporation with its registered address at 122 Delaware St #E-2, New Castle, DE 19720, USA (“CleverFiles”, “we”, “us”, “our”) and You, the person using the Services (“You”, “Your”).
1.2 The Services. “Services” means our website at https://cleverhumanizer.ai and the tools made available through it, namely:
- Clever AI Humanizer — a tool that rewrites text you submit to improve its tone, clarity, readability, rhythm and voice;
- Clever AI Detector — a tool that produces a statistical estimate of the likelihood that a text was generated by an AI system;
- Clever AI Paraphraser — a tool that restates text you submit in different words while seeking to preserve its meaning;
- Grammar Checker — a tool that identifies and proposes corrections to spelling, grammar, punctuation and usage in text you submit.
1.3 Other defined terms. “Input” means text and other material You submit to the Services. “Output” means the rewritten text, corrections, scores, estimates and other results the Services return to You. “Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession.
1.4 Acceptance. By creating an account or using the Services You agree to these Terms. If You are agreeing on behalf of a company or other organisation, You represent that You have authority to bind it, and “You” includes that organisation.
1.5 Version. These Terms are version 2.1 and take effect on the effective date stated above. They replace any earlier terms for the Services.
1.6 Privacy. Our Privacy Policy explains how we handle personal information and forms part of these Terms. Where the Privacy Policy and these Terms conflict on the handling of personal information, the Privacy Policy prevails.
2. ELIGIBILITY AND YOUR ACCOUNT
2.1 Minimum age. The Services are available only to persons who are at least 18 years old. By using the Services You represent and warrant that You are 18 or older. We do not knowingly provide the Services to anyone under 18, and we will close any account we believe belongs to a person under 18.
2.2 Your account. You must give accurate registration information and keep it up to date. You are responsible for keeping Your credentials confidential and for everything done through Your account. Tell us promptly at support@cleverhumanizer.ai if You believe Your account has been used without Your authorisation. Your account is personal to You. You may not share, sell, transfer or otherwise make Your account or credentials available to any other person. If the account holder is an organisation, only the individuals we have agreed may use it.
2.3 One account. You may not create or use more than one account to circumvent usage limits, free allowances, pricing, a suspension or a termination.
2.4 If You do not accept these Terms. Acceptance of these Terms is a condition of access. If You decline them, or decline a later version of them, You will not be able to log in. In that case:
- You may ask us, at support@cleverhumanizer.ai, to send a copy of the personal information held in Your account to the email address registered on the account, and we will do so;
- Your account and its contents will be automatically deleted 30 days after You decline, unless You accept the Terms before then;
- if You have asked us for a copy of the personal information held in Your account, we will not delete the account until we have sent it;
- deletion is permanent and we cannot restore the account or its contents afterwards.
2.5 Email. We send You service and administrative messages about Your account, including a short welcome message explaining how to use the tools. If You are in the United States, we may send You marketing email unless You opt out. Elsewhere, we send marketing email only if You have ticked the separate marketing opt-in. You can opt out, or withdraw Your consent, at any time. Details are in the Privacy Policy.
3. THE SERVICES, CHANGES AND AVAILABILITY
3.1 Licence to use. Subject to these Terms, we grant You a limited, personal, non-exclusive, non-transferable, revocable licence to use the Services for Your own purposes. We reserve all rights not expressly granted.
3.2 The Services are under development. The Services are currently offered free of charge and are being actively developed. Features may be added, changed, limited or withdrawn, and usage limits may be introduced or adjusted, at any time.
3.3 No availability commitment. We do not promise that the Services will be available at any particular time or without interruption, and we give no service-level commitment. Access may be suspended without notice for maintenance, repair, security, system failure or reasons outside our control. This Section does not limit any statutory right You have as a Consumer (see Section 13).
3.4 Discontinuation. We may discontinue the Services, in whole or in part. If we discontinue a plan You have paid for, we will give You reasonable advance notice by email and will continue to provide that plan until the end of the term You have already paid for, after which it will not renew. If we are unable to continue providing it for the remainder of that term, we will refund the unused portion of the fee You have paid for it.
4. YOUR TEXT, OUR TEXT, AND OWNERSHIP
4.1 You keep Your rights in Your Input. As between You and us, You retain all rights You have in Your Input. We claim no ownership of the text You submit.
4.2 The licence You give us. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display and process Your Input and Output only as needed to provide, secure, maintain, test and improve the Services as described in Section 5, and to comply with law. This licence ends when the Input is deleted in accordance with Section 5.1, except for copies we must keep by law or in routine backups until those are overwritten.
4.3 Output. As between You and us, we claim no ownership of Output produced from Your Input, and You may use it for any lawful purpose. Similar or identical Output may be produced for other users from similar Input, and we make no promise that Output is unique.
4.4 Copyright in AI-generated material. You ACKNOWLEDGE that material generated or substantially modified by an automated system may not be protected by copyright in some countries, or may be protected only to the extent of a human author’s own creative contribution. We make no representation that Output is protectable, or that You will own copyright in it. If this matters to You, take Your own advice.
4.5 Your responsibility for Input. You represent and warrant that You have the rights necessary to submit Your Input and that Your Input and Your use of the Output do not infringe the rights of any third party or breach any law, contract or obligation of confidence that binds You.
4.6 Our intellectual property. The Services, including all software, models, interfaces, text, graphics and marks, are owned by CleverFiles or its licensors and are protected by intellectual property laws. Nothing in these Terms transfers any of those rights to You.
4.7 Feedback. If You send us suggestions or feedback, we may use them freely and without obligation or payment to You. Feedback is not confidential unless we agree otherwise in writing.
5. HOW WE HANDLE TEXT YOU SUBMIT
5.1 Retention. Text You submit is stored for 30 days and is then deleted. It is also deleted when Your account is deleted. You may also delete it Yourself at any time in Your account settings, either single entries or Your whole history. If You use the Services without an account, we store only the first 100 characters of Your Input, for two days; see the Privacy Policy. Routine backups may persist for a short further period until they are overwritten in the ordinary cycle. We may retain Input, Output and account records beyond that period, and beyond deletion of Your account, where and for as long as we reasonably need to in order to investigate a suspected breach of these Terms, to comply with a legal obligation, or to establish, exercise or defend legal claims. Material retained under this Section is used only for those purposes.
5.2 No training. We do not use text You submit to train, fine-tune or otherwise develop AI models, and we do not provide it to any third party for that purpose. This commitment is given expressly and is carved out of our right to change these Terms — see Section 15.3.
5.3 Testing and quality control. We do use submitted text to operate, debug and test the Services. This includes fixing errors, running automated evaluations, and quality checks in which our staff read samples of user text. Access is limited to personnel who need it for those purposes and who are bound by confidentiality obligations towards us. We do not use text submitted before 30 September 2026 for any of those purposes.
5.4 No confidentiality promise. Because of Section 5.3, we do not promise that no person will ever read text You submit. Do not submit material that You cannot allow another person to read — in particular privileged, classified, export-controlled or specially protected material, or the personal data of other people that You are not entitled to disclose.
5.5 We do not sell Your data. We do not sell user data. We disclose Input and related data to third parties only so that the Services can be developed, tested and operated — for example to our hosting providers, AI/model providers, email delivery provider and, when paid plans launch, our payment processor — and where we are required to do so by law or to protect our rights or the safety of others.
5.6 Where processing happens. The Services are hosted on infrastructure located in both the United States and the European Union, and Your Input may be processed in either. Transfer mechanisms and further detail are set out in the Privacy Policy.
5.7 Aggregated data. We may create and use aggregated or de-identified statistics about use of the Services (for example volumes, error rates and response times) that do not identify You or reproduce Your Input. Section 5.2 continues to apply to the underlying text.
6. ACCEPTABLE USE
6.1 Content You must not submit or generate. You must not use the Services to submit, generate, alter or refine:
- unlawful content, or content that infringes any copyright, trademark, trade secret, privacy, publicity or other right, including using the Services to obscure the source of, or to defeat a similarity or originality check on, material You did not write;
- material that sexually exploits or abuses a child, or that depicts a child in a sexually explicit manner, and intimate images of any person shared or created without their consent;
- content that promotes, incites, provides instruction for or otherwise facilitates terrorism, violent extremism or mass violence;
- content designed to obtain money, credentials or personal information by deception, including phishing messages, business-email-compromise and invoice-redirection messages, communications impersonating a bank, employer or public body, and advance-fee or romance fraud;
- consumer reviews, ratings, testimonials or endorsements that the writer did not genuinely experience, or that misrepresent who wrote them or why;
- defamatory, harassing, hateful or obscene material, material that publishes or compiles another person's private information — such as their home address, identity-document, financial or account details — malware, spam or unsolicited commercial messages;
- text intended to interfere with, mislead or take control of any automated system, filter or classifier operated by another person;
- personal information about another person that You are not entitled to disclose, and in particular health, biometric, financial, identity-document, children's, privileged, classified or export-controlled material. We are not a HIPAA business associate, a FERPA school official, or a processor under any data-processing agreement unless we have signed one with You.
6.2 Uses You must not make of the Services. You must not:
- deceive, impersonate any person or organisation, or misrepresent Your affiliation with anyone; create or operate multiple false identities or personas, engage in coordinated inauthentic activity, or present content as coming from a public authority, election official or candidate;
- submit text You do not have the rights to submit, as described in Section 4.5;
- use the Services to produce or alter text that You then submit to a person or institution in breach of a rule that applies to You requiring disclosure of the use of AI, or in an examination, assessment or academic-integrity process in which such use is not permitted;
- provide, offer or advertise a service that produces or alters academic work for submission by another person;
- use the Services in breach of any law requiring the disclosure or labelling of artificially generated or manipulated content. Where such a law applies to You, making the disclosure is Your responsibility;
- use the Detector or its Output to offer authorship verification, certification or attestation services, or submit Output as evidence in any judicial, disciplinary, academic or administrative proceeding (see also Section 7.1);
- use the Services as a means of access to any underlying model or third-party service for any purpose other than the stated purpose of the Services;
- give false or misleading registration information, or misrepresent Your age, identity or Your authority to act for another person or organisation;
- use a payment method You are not authorised to use, or initiate a chargeback or payment dispute in respect of a charge You know to be valid instead of using the cancellation and refund routes in Section 8. Nothing in this bullet prevents You from raising a genuine dispute with Your bank or card issuer, or affects any right You have to do so.
6.3 Protecting the Services and our models. You must not:
- reverse-engineer, decompile, disassemble, or attempt to derive the models, source code, weights, prompts or underlying structure of the Services;
- submit text for the purpose of measuring, mapping or characterising how the Detector scores text, identifying inputs that change a score, or developing or evaluating any method, tool or product for causing text to be scored as human-written;
- use the Services or any Output, including scores and other numerical or categorical results, to develop, train, evaluate or market any product or service that detects AI-generated text, that modifies text in order to affect how it is scored by such a system, or that otherwise competes with the Services;
- attempt to bypass, disable or manipulate any safety, filtering or content control in the Services or in any system we use to provide them, including by embedding instructions in text You submit, or use the Services in breach of the acceptable-use terms of any provider whose technology we use to provide them;
- scrape, crawl, harvest or use any robot, script or other automated means to access the Services, or make bulk or high-volume automated requests, except through an interface we expressly provide for that purpose;
- circumvent or attempt to circumvent any usage limit, access control, rate limit, authentication or security measure;
- resell, sublicense, rent, lease or otherwise make the Services available to third parties, or operate the Services as part of a service bureau, without our prior written agreement, nor make Output available to third parties as, or as part of, any product or service, whether or not for a fee, except in relation to text for which You are personally responsible;
- interfere with, overload or damage the Services or the infrastructure on which they run, or test their vulnerability without our prior written permission;
- use the Services in breach of any applicable export control or sanctions law (see Section 16.5), or use a VPN, proxy, or false location or registration details to circumvent any geographic restriction we apply or any restriction in Section 16.5.
6.4 Publication of performance comparisons (business users only). This Section applies only if You are using the Services for business or professional purposes; it does not apply to Consumers. You may not publish benchmark, comparative or competitive performance results obtained from the Services without our prior written consent. Nothing in this Section restricts You from publishing an honest account or review of Your own experience of the Services, and nothing in these Terms restricts any person's right to review or comment on the Services.
6.5 Enforcement. We are not obliged to monitor Input or Output, but we may review, refuse, remove or block material and may investigate suspected breaches, by automated or manual means. Choosing not to enforce a provision on one occasion does not waive our right to enforce it later.
7. TERMS SPECIFIC TO INDIVIDUAL TOOLS
7.1 Clever AI Detector. A Detector result is a statistical estimate, not proof of authorship. It does not determine, prove or establish who wrote a text, and it is not a finding of plagiarism, dishonesty or misconduct. False positives occur — human-written text can be scored as AI-generated — and they occur more often on formal, heavily edited, templated and non-native-English writing. Accordingly, You AGREE that You will not use a Detector result as the sole basis for any decision affecting a person, and will not present or publish a result to any third party as proof that a person did or did not write a text. If You share a result, You must state that it is a probabilistic estimate and that false positives occur. We make no representation or warranty as to the accuracy of any Detector result.
7.2 Clever AI Humanizer. We make no promise, representation or guarantee that Output will evade, defeat or avoid detection by any AI-detection system, whether ours or anyone else’s. You are responsible for complying with any rule, policy or instruction that applies to You requiring disclosure of AI assistance.
7.3 Clever AI Paraphraser and Grammar Checker. These tools produce automated suggestions. Restating text does not create rights in it, does not cure infringement, and does not make an unattributed use of someone else’s work permissible. Corrections and suggestions may be wrong or incomplete; You are responsible for reviewing Output before You rely on or publish it.
7.4 No professional advice. The Services are automated writing tools. They do not provide legal, medical, financial, academic or other professional advice, and Output must not be relied on as such.
8. PAID PLANS, AUTOMATIC RENEWAL AND REFUNDS
8.1 When this Section applies. The Services are currently free. This Section applies only from the time we make paid plans available and only if You purchase one. Nothing in this Section obliges us to offer paid plans.
8.2 Subscriptions renew automatically. Paid plans are sold as subscriptions for a stated term. Your subscription will renew automatically at the end of each term, for a further term of the same length, until You cancel. By purchasing, You authorise us and our payment processor to charge Your designated payment method the then-current price for each renewal term. The price, term length, renewal frequency and cancellation method will be shown to You before You purchase.
8.3 Cancelling. You may cancel at any time using the cancellation method shown at purchase or in Your account, or by writing to support@cleverhumanizer.ai. Cancellation takes effect at the end of the then-current term; Your plan remains active until then. Cancelling does not by itself entitle You to a refund for the current term.
8.4 Price changes. We may change subscription prices. A price change applies only from the start of Your next renewal term, and we will give You advance notice by email with enough time to cancel before it takes effect.
8.5 Refunds. Except as required by law or as stated in Section 3.4 or Section 13, fees are non-refundable, because the Services are digital and supplied immediately.
8.6 Taxes and billing details. Prices are exclusive of taxes unless stated otherwise, and You are responsible for any applicable sales tax, VAT, GST or similar levy. You are responsible for the accuracy of the billing details You give us. If a payment fails or is reversed we may suspend or downgrade Your access to paid features.
9. SUSPENSION AND TERMINATION
9.1 By You. You may stop using the Services at any time and may delete Your account from within the Services or by writing to support@cleverhumanizer.ai. Deleting Your account deletes the text You have submitted, as described in Section 5.1.
9.2 By us. We may suspend or terminate Your access, or restrict particular features, if we reasonably believe that You have breached these Terms, that Your use creates a legal, security or operational risk to us or to others, or that we are required to do so by law. Where it is reasonable and lawful to do so, we will give You notice and, for a breach capable of being cured, an opportunity to cure it. For a serious or repeated breach, or where notice would defeat the purpose of the suspension, we may act immediately. A breach of the second bullet of Section 6.1 (child sexual abuse material and non-consensual intimate images) will result in immediate termination without notice and without any opportunity to cure.
9.3 Effect. On termination Your licence under Section 3.1 ends and You must stop using the Services. If we terminate a paid plan other than for Your breach, we will continue to provide it until the end of the term You have already paid for or, if we are unable to do so, refund the unused portion of the fee for that term. If we terminate for Your breach, no refund is due. Sections 4, 5.2, 6, 10, 11, 12, 13, 14 and 16, and any other provision that by its nature should survive, survive termination.
9.4 After termination for breach. Where we have terminated Your access for breach of these Terms, we may decline to provide the Services to You in future, may close any new account You open, and may suspend or terminate any other account we reasonably believe is controlled by You or is being used to circumvent the termination.
9.5 Review of our decision. If You believe we have suspended or terminated Your access in error, You may write to us at support@cleverhumanizer.ai and we will review the decision. We will tell You the outcome of that review.
9.6 Reporting. We may report activity we reasonably suspect to be unlawful to law enforcement or to a regulator, and may retain relevant material for that purpose as described in Section 5.1.
10. DISCLAIMERS
10.1 As is. EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND SUBJECT TO SECTIONS 11.3 AND 13, THE SERVICES, INCLUDING ALL OUTPUT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.
10.2 Automated output. The Services are automated and probabilistic. WE DO NOT WARRANT THAT OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, ORIGINAL, SUITABLE FOR YOUR PURPOSE OR FREE FROM ERROR, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. You are responsible for reviewing Output and for deciding whether it is fit for Your purpose.
10.3 No advice creates a warranty. No advice or information, oral or written, obtained from us or through the Services creates any warranty not expressly stated in these Terms.
10.4 Third-party material. The Services may link to or interoperate with third-party websites, tools and services. We do not control them, do not endorse them, and are not responsible for them. Your dealings with a third party are between You and that third party.
11. LIMITATION OF LIABILITY
11.1 Excluded losses. TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO SECTIONS 11.3 AND 13, NEITHER WE NOR OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, DATA OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO SECTIONS 11.3 AND 13, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (b) ONE HUNDRED UNITED STATES DOLLARS (US$100).
11.3 What we never exclude. Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- gross negligence or wilful misconduct;
- any other liability that cannot lawfully be excluded or limited.
11.4 Basis of the bargain. The disclaimers and limitations in Sections 10 and 11 are a fundamental basis of the bargain between us and reflect the fact that the Services are currently provided free of charge. Some jurisdictions do not allow certain exclusions or limitations, so parts of these Sections may not apply to You.
11.5 Time limit. Any claim arising out of or relating to the Services or these Terms must be brought within one (1) year after the cause of action arises, or it is permanently barred. This Section does not apply where the law that governs Your claim does not allow a limitation period to be shortened, or does not allow it to be shortened to one year; in that case the period allowed by that law applies instead. This Section does not shorten any period fixed by a statute that gives You a right of action. It does not apply to Consumers in the EEA, the EU or the UK.
12. INDEMNIFICATION (BUSINESS USERS ONLY)
12.1 Scope. This Section applies only if You are using the Services for business or professional purposes. It does not apply to Consumers.
12.2 Indemnity. You will defend, indemnify and hold harmless CleverFiles and its affiliates, officers, directors, employees and agents from and against any third-party claim, and any resulting loss, damage, liability, penalty, cost and reasonable legal fees, arising out of or relating to (i) Your Input or Your use of Output, (ii) Your breach of these Terms or of any law, or (iii) Your infringement of any third-party right.
12.3 Conduct of claims. We will notify You of any claim for which we seek indemnity and may, at Your reasonable expense, assume the exclusive defence and control of it. You will cooperate with the defence and will not settle any claim in a way that imposes any obligation or admission on us without our prior written consent.
13. IF YOU ARE A CONSUMER IN THE EEA, EU OR UK
This Section applies to You if You are a Consumer resident in the European Economic Area, the European Union or the United Kingdom, and it prevails over anything else in these Terms that conflicts with it.
- Your law and Your courts. These Terms are governed by the law of the country where You are resident, and You may bring proceedings in the courts of that country. We will bring any proceedings against You only in the courts of Your country of residence. Nothing in Section 14 or Section 16 changes this.
- No arbitration, no class-action waiver. The arbitration agreement and the class-action and jury-trial waivers in Section 14 do not apply to You.
- Your statutory rights are unaffected. You have mandatory rights under consumer law that these Terms cannot reduce, including rights relating to the conformity of digital content and digital services and to remedies where they are not in conformity. Where any provision of these Terms conflicts with those rights, Your statutory rights prevail. The limitation period in Section 11.5 does not apply to You.
- Withdrawal from a paid subscription. If we launch paid plans, You will have the statutory right to withdraw from a purchase within 14 days, subject to the exception that applies where You have expressly requested immediate supply of digital content and acknowledged the loss of that right.
- Online dispute resolution. You may also raise a complaint with the consumer protection authority in Your country. We are not obliged to, and do not undertake to, participate in alternative dispute resolution before a consumer arbitration body.
14. DISPUTES, ARBITRATION AND GOVERNING LAW
PLEASE READ THIS SECTION CAREFULLY. If You are in the United States it requires You to resolve disputes with us by binding individual arbitration and waives Your right to a jury trial and to participate in a class action — unless You opt out within 30 days under Section 14.7. If You are a Consumer in the EEA, the EU or the UK, Section 13 applies instead and this arbitration agreement does not apply to You.
14.1 Governing law. Except as provided in Section 13, these Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Talk to us first. Before starting arbitration or any proceeding, You agree to write to us at support@cleverhumanizer.ai describing the dispute and the relief You seek, and to allow us 30 days to try to resolve it informally. We will do the same before commencing any proceeding against You.
14.3 Binding individual arbitration. If the dispute is not resolved under Section 14.2, any dispute, claim or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, before a single arbitrator. The arbitration will be conducted in English. Unless the parties agree otherwise, it will be conducted by written submissions or by telephone or video conference, or, if an in-person hearing is required, in the Commonwealth of Virginia, within the Eastern District of Virginia, or in the county or city where You reside, at Your election. The arbitrator may award any relief that a court could award on an individual basis, and judgment on the award may be entered in any court of competent jurisdiction.
14.4 Class-action and jury-trial waiver. YOU AND CLEVERFILES EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any form of class proceeding. YOU AND CLEVERFILES EACH WAIVE ANY RIGHT TO A JURY TRIAL to the extent that waiver is enforceable.
14.5 Exceptions. Either party may (i) bring an individual claim in a small-claims court with jurisdiction, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to stop unauthorised access to the Services. Nothing in this Section prevents You from reporting a matter to a government agency.
14.6 Severability and blow-up. If the class-action waiver in Section 14.4 is held unenforceable as to any claim or any request for relief, then that claim or request for relief is severed from the arbitration and must be brought in the United States District Court for the Eastern District of Virginia, or in a Virginia state court sitting within that district, and the remainder of this Section 14 continues to apply to all other claims. If any other part of this Section 14 is held unenforceable, that part is severed and the rest of Section 14 remains in effect. If Section 14.4 is held unenforceable in its entirety, this whole Section 14 (other than Sections 14.1, 14.2 and 14.5) will be void, and the United States District Court for the Eastern District of Virginia and the Virginia state courts sitting within that district will have exclusive jurisdiction, subject to Section 13.
14.7 Your right to opt out (30 days). You may opt out of Sections 14.3 and 14.4 by sending us written notice at support@cleverhumanizer.ai within 30 days of first accepting these Terms, stating Your name, the email address on Your account, and that You are opting out of the arbitration agreement and class-action waiver. Opting out will not affect any other part of these Terms, and we will not treat it as a reason to refuse or restrict Your access to the Services. If You opt out, disputes will be resolved in the United States District Court for the Eastern District of Virginia or in a Virginia state court sitting within that district, and You and we consent to the personal jurisdiction of those courts.
14.8 Survival. This Section 14 survives termination of these Terms and closure of Your account.
15. CHANGES TO THESE TERMS
15.1 We may change these Terms. We may amend these Terms — for example to reflect changes to the Services, to our pricing, to our providers, or to law — by publishing an updated version with a new version number and effective date.
15.2 Notice and acceptance. If a change is material we will give You reasonable advance notice, normally at least 15 days, by email to the address on Your account or by a notice in the Services, before it takes effect. Continuing to use the Services after the effective date means You accept the updated Terms. If You do not accept them, Section 2.4 applies: You will not be able to log in, You may request a copy of Your personal information by email, and Your account will be deleted 30 days later.
15.3 What we will not change this way. The commitment in Section 5.2 — that we do not use text You submit to train, fine-tune or otherwise develop AI models, and do not provide it to third parties for that purpose — is carved out of this Section. We will not remove or narrow it by an amendment under Section 15.1. It may be changed only with Your separate, express, opt-in consent, given in advance and revocable, and any such change will apply only to text You submit after You give that consent.
15.4 Existing subscription terms. A change to these Terms does not change the price or term of a subscription You have already paid for; Section 8.4 governs price changes.
15.5 First use of a Service. These Terms apply in full and take effect immediately when You first access or use a Service after the effective date. This includes Clever AI Detector, Clever AI Paraphraser and Grammar Checker, which were not covered by any earlier terms. The notice period in Section 15.2 applies only where we change these Terms as they apply to a Service You are already using; it does not delay the application of these Terms to a Service You use for the first time.
16. GENERAL
16.1 Entire agreement. These Terms, together with the Privacy Policy and any terms presented at the point of purchase for a paid plan, are the entire agreement between You and us about the Services and replace all earlier understandings on that subject.
16.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be interpreted or reformed to the minimum extent necessary to make it enforceable and to give effect to its original intent; if it cannot be, it will be severed and the remaining provisions will continue in full force. Section 14.6 governs severance within Section 14.
16.3 No waiver. A failure or delay by either party to enforce any provision is not a waiver of it. Any waiver must be in writing to be effective, and applies only to the specific instance given.
16.4 Assignment. We may assign or transfer these Terms, in whole or in part, including to an affiliate or in connection with a merger, acquisition or sale of assets. You may not assign or transfer these Terms without our prior written consent, and any attempt to do so is void.
16.5 Export controls and sanctions. You represent that You are not located in, ordinarily resident in, or acting on behalf of any person in, a country or territory subject to comprehensive US sanctions or embargoes, and that You are not named on any US government restricted-party list, including the OFAC list of Specially Designated Nationals and Blocked Persons or the US Commerce Department’s denied-persons lists. You agree to comply with all applicable export control and sanctions laws in Your use of the Services.
16.6 Force majeure. Apart from payment obligations, neither party is liable for any failure or delay in performance caused by an event beyond its reasonable control, including acts of God, natural disaster, fire, flood, war, terrorism, civil unrest, strike, epidemic, governmental action, failure of power, telecommunications or internet services, cyberattack or the failure of a third-party provider.
16.7 Electronic dealing and notices. You agree to transact and receive communications from us electronically. We may give notice by email to the address on Your account or by posting in the Services; You should give notice to us at support@cleverhumanizer.ai. Electronic records satisfy any legal requirement that a communication be in writing.
16.8 No third-party beneficiaries. These Terms do not give rights to anyone other than You and us, except that our affiliates, officers, employees, agents and licensors may rely on Sections 10, 11 and 12.
16.9 Relationship and language. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship. These Terms are written in English; if we provide a translation, the English version prevails except where local law requires otherwise.
16.10 Contact and complaints. Write to us at support@cleverhumanizer.ai, or CleverFiles Inc., 122 Delaware St #E-2, New Castle, DE 19720, USA. If You believe that material on the Services infringes Your intellectual property rights, or if You are the subject of a Detector result and wish to raise a concern about it, write to the same address with enough detail for us to identify the material and Your claim.
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