Welcome to Clarity Technologies (“Clarity,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our websites (including clarity-technologies.com), mobile applications, and any related products, research activities, programs, or services, including participation in our clinical or observational studies (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

These Terms include important disclaimers (e.g., no medical advice), limitations of liability, and a governing law/venue clause (Delaware, USA).

1) Interpretation & Definitions

1.1 Interpretation. Words with initial capitals have defined meanings. The singular includes the plural and vice-versa.

1.2 Definitions.

• Account: A unique profile to access portions of the Services.

• Affiliate: An entity controlling, controlled by, or under common control with a party (control means ≥50% voting interests).

• Application or App: Any Clarity mobile or desktop application.

• Clinical Activities: Any research, clinical trial, observational study, registry, or similar activity we sponsor or support.

• Content: Text, graphics, images, audio, video, software, code, and other materials on or through the Services.

• Feedback: Ideas, suggestions, or proposals related to the Services.

• Personal Data: Information that identifies or can reasonably be linked to an individual, including health information.

• PHI: “Protected Health Information” under HIPAA (as defined in 45 C.F.R. §160.103).

• Privacy Policy: Our privacy notice referenced in these Terms and available via the Services.

• Third-Party Services: Services, websites, software, or content provided by third parties.

2) Scope of Services

These Terms cover (a) your browsing and use of our website(s), (b) your use of our mobile and desktop applications, and (c) your participation in Clinical Activities. Specific activities (e.g., clinical studies) may be governed by additional documents—such as Informed Consent Forms, protocols, and HIPAA authorizations—which control if they conflict with these Terms.

3) Eligibility; Children & Minors

Our Services may be used by individuals of any age. However:

• If you are a minor, you must have consent from a parent or legal guardian to use the Services where required by applicable law (e.g., U.S. COPPA, and the EU/EEA “digital age of consent” between 13–16 depending on the country).

• Participation in Clinical Activities by minors requires parental/guardian consent and compliance with applicable laws and study protocols.

• We may implement reasonable age-gating or consent flows to comply with law.

4) Accounts & Security

You must provide accurate, complete information to create an Account and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities under your Account. Notify us immediately of unauthorized access or security incidents.

5) Acceptable Use

You will not, and will not permit others to:

• Use the Services for any unlawful, harmful, or misleading purpose;

• Infringe or violate intellectual property, privacy, or other rights;

• Upload, transmit, or distribute malware or harmful code;

• Attempt to reverse engineer, decompile, or scrape the Services (except as permitted by law);

• Circumvent security or rate limits;

• Interfere with the availability or integrity of the Services;

• Misrepresent your identity or affiliation;

• Use the Services in a regulated care setting or for life-support, emergency, or real-time clinical decision-making where failure could lead to death or personal injury.

We may suspend or terminate access for violations.

6) No Medical Advice

Unless expressly stated in a clinician-facing interface or documentation, the Services do not provide medical advice and are not a substitute for professional diagnosis or treatment. Always seek the advice of a qualified healthcare professional with any questions regarding a medical condition. If you think you may have a medical emergency, call your local emergency number immediately.

7) Clinical Activities (Research & Trials)

• Voluntary Participation. Participation is voluntary, and you may withdraw at any time pursuant to the applicable Informed Consent. No purchase or payment is required.

• Study Documents Control. Each study is governed by Informed Consent, IRB/ethics approvals, protocols, HIPAA authorizations (if applicable), and other study-specific documents. If these conflict with these Terms, the study documents control.

• Compensation & Costs. Unless expressly stated in study materials, participants are not paid for participation. Reimbursements (e.g., travel) may be provided if listed in study documents.

• Data Use. Study data may be de-identified or aggregated and used for research, publications, regulatory submissions, product improvement, and other lawful purposes, as explained in the study documents and/or our Privacy Policy.

8) Privacy, GDPR/CCPA, and HIPAA

Your use of the Services is subject to our Privacy Policy, which explains our data practices, including categories of data collected, purposes, legal bases (GDPR), retention, international transfers, and your rights.

GDPR (EU/EEA). Where GDPR applies, we rely on appropriate legal bases (e.g., consent, contract, legitimate interests, legal obligations, public interest in the area of public health/research). You have rights to access, rectification, erasure, restriction, portability, and objection as described in our Privacy Policy. We implement appropriate SCCs or other safeguards for cross-border transfers.

CCPA/CPRA (California). For California residents, our Privacy Policy details your rights to know, correct, delete, and to opt-out of sale/share (if applicable). We honor Global Privacy Control signals where required.

HIPAA. Clarity is not generally a HIPAA “Covered Entity.” In contexts where we act as a Business Associate to a Covered Entity, we will execute a Business Associate Agreement (BAA) and handle PHI in compliance with HIPAA and applicable laws. Outside of HIPAA-regulated relationships, health-related data is handled in accordance with our Privacy Policy and applicable privacy laws.

Children’s Data. Where parental/guardian consent is required, we will request and document it consistent with applicable law.

Cookies/Tracking. See our Cookie disclosures in the Privacy Policy and/or Cookie Notice.

9) Intellectual Property

The Services and all related Content, features, software, designs, and know-how are owned by Clarity or its licensors and are protected by copyright, trademark, patent, and other laws. Except as expressly permitted, you may not reproduce, modify, distribute, create derivative works of, publicly perform/display, or otherwise exploit the Services or Content.

Trademarks. “Clarity,” related marks, and logos are trademarks of Clarity. Third-party names and logos are the property of their respective owners. No rights are granted to use our marks without prior written permission.

10) Open-Source & Third-Party Components

The Services may include or interface with third-party software or open-source components subject to their own licenses. To the extent required, we will make license terms available within the Services or on request.

11) Third-Party Links & Services

The Services may link to Third-Party Services. We do not control or endorse such services and are not responsible for their content, policies, or practices. Your use of Third-Party Services is at your own risk and subject to their terms.

12) App Stores & Platform Terms

If you download the App from the Apple App Store or Google Play:

• You must comply with their Terms.

• Apple/Google are not responsible for maintenance, support, or warranty of our App.

• To the maximum extent permitted by law, Apple/Google have no liability regarding the App or these Terms.

• Apple and Google are third-party beneficiaries of this Section and may enforce it against you.

13) Beta Features; Changes to the Services

We may offer beta, preview, or experimental features. They are provided as-is, may be modified or discontinued at any time, and may be subject to additional terms.

We may change, suspend, or discontinue the Services or any part thereof without liability.

14) Electronic Communications & Notices

By using the Services, you may receive service announcements, transactional messages, and—where legally permitted and with your consent—marketing communications. You can opt out of marketing at any time (e.g., via unsubscribe links or settings), though you will continue to receive essential transactional messages. Legal notices may be provided by posting to the Services or via email to the address associated with your Account.

15) Feedback

Any Feedback you provide is non-confidential and becomes Clarity’s property. If assignment is not effective, you grant Clarity a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use and exploit the Feedback for any purpose without compensation.

16) Warranty Disclaimers

To the fullest extent permitted by law, the Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

17) Limitation of Liability

To the fullest extent permitted by law:

• Clarity and its Affiliates, officers, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, data loss, business interruption, or personal injury, arising from or related to your use of the Services.

• Our aggregate liability for all claims relating to the Services shall not exceed the greater of USD $100 or the amount you paid to us (if any) in the 12 months preceding the event giving rise to the claim.

• Some jurisdictions do not allow certain limitations; in those jurisdictions, liability is limited to the maximum extent permitted by law.

18) Indemnification

You agree to defend, indemnify, and hold harmless Clarity and its Affiliates, 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 related to:
(a) your use of the Services;
(b) your violation of these Terms or applicable law;
(c) your participation in any Clinical Activities; or
(d) your infringement or violation of any third-party rights.

19) Export Control & Sanctions

You must comply with all export control, sanctions, and trade laws and regulations (e.g., U.S. EAR, OFAC, EU/UK regimes). You represent that you are not on any restricted party list and will not access or use the Services in embargoed or sanctioned jurisdictions in violation of law.

20) Government Use

If used by the U.S. Government or on its behalf, the Services are provided as Commercial Computer Software/Commercial Items and only with the rights set forth in these Terms under 48 C.F.R. §§ 2.101, 12.212, 227.7201–227.7202, as applicable.

21) Suspension & Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including suspected violations of these Terms. Upon termination, your right to use the Services ends immediately. Sections that by their nature should survive (e.g., IP, Feedback, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution) will survive termination.

22) Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will provide reasonable advance notice (e.g., by posting an update, in-product notice, or email). The updated Terms take effect on the stated effective date. Your continued use of the Services after the effective date constitutes acceptance.

23) Miscellaneous

Entire Agreement. These Terms (and any referenced policies, including the Privacy Policy and applicable study documents) constitute the entire agreement between you and Clarity and supersede prior agreements regarding the Services.
Order of Precedence. If there is a conflict, specific study documents (e.g., Informed Consent) prevail over these Terms for the applicable study.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an Affiliate, successor, or in connection with a merger, acquisition, or asset sale.
Severability. If any provision is found unenforceable, it will be replaced with a valid term that best reflects the original intent; the rest remains in effect.
Waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control (e.g., natural disasters, acts of God, war, terrorism, labor disputes, utility or internet failures, governmental actions).
Headings. Headings are for convenience only.
Language. These Terms may be translated; the English version controls in case of conflict.

24) Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or related to them or the Services are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Delaware. For EU consumers, mandatory consumer protections in your member state remain unaffected.

25) Contact Us

Clarity Health Technologies, Inc.
251 Little Falls Drive, Wilmington, New Castle County, 19808, Delaware, USA
Clarity Technologies SASU
9 rue des Colonnes, 75002 Paris, France
Email: contact@clarity-technologies.com