PRIVACY POLICY and WEBSITE TERMS OF USE

PRIVACY POLICY

Last Updated: October 2026

Welcome to our website. ClearlyThen Inc. (“we”, “our” or “us”) respects your privacy and is committed to protecting it.

This Privacy Policy governs your access and use of our website, clearlythen.com, including any content, functionality or services offered through our website or related landing pages (collectively, “Site”) whether as a guest or a registered user. In this Privacy Policy “you” or “your” refers to any individual who accesses our Site. This Privacy Policy is incorporated into and forms part of our Website Terms of Use.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR WEBSITE

Please review our Privacy Policy carefully. By using our Site, you acknowledge and agree that your information will be collected, used and disclosed as described in this Privacy Policy. If you do not agree to the Privacy Policy, you must not access or use our Site or Services.

This Privacy Policy sets out how we collect information from you when you visit our Site, either automatically, or through certain voluntary actions you may take while visiting our Site, including but not limited to, accessing, purchasing or downloading any products, content or resources available on our Site or engaging or interacting with us either through this Site (collectively, “Services”).

This Privacy Policy applies to information we collect:

•          On this Site;

•          In email, chat, fillable forms, text and other electronic message features on our Site;

•          Through any downloadable features on our Site;

•          When you book a meeting with us through the online scheduling tool linked from our Site;

•          When you interact with us, our advertising or applications on third party websites and services if those applications or advertising are operated by or on behalf of us.

This Privacy Policy does not apply to information collected by:

•          Us offline or through any other means, including on any website we operate that is not part of the Site, or by any third party, including our affiliates and subsidiaries; or

•          Any third party including through any content or advertising that may link to or be accessible from or on the Site.

This Privacy Policy also sets out how we use and disclose your information and your rights with respect to your personal information that we collect. If you do not agree to any terms of our Privacy Policy, you agree to no longer use, navigate, access or browse our Site. By continuing to use our Site you are agreeing to the terms of our Privacy Policy.

Age Requirement

Our website is intended solely for users who are of legal age of majority in their own place of residence and can form legally binding contracts under applicable law. By using our site, you represent and warrant that you are of legal age of majority where you reside and can form a legally binding contract under applicable law. This website is not intended for use by children under the age of 13, and we do not knowingly solicit personal data from anyone under the age of 13. If you are under the age of 13, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 13, please contact us so that we can delete their data in accordance with applicable law. If you are located in Quebec, we require the consent of a parent or legal guardian before knowingly collecting personal information from anyone under the age of 14.

INFORMATION WE COLLECT

We collect, use, and disclose personal information as described in this Privacy Policy. Where required, we will obtain your express consent before collecting or using personal information. Here are some examples of the data we collect, however, this may not be a complete list:

Personal Information: Personal identifying information such as your name, billing and/or shipping address, telephone numbers, email addresses, and other demographic and customer profile data information, such as your age and gender.

Financial Information: We do not store or process your financial information directly. All transactions are securely processed through third-party providers. Please review their privacy policies for details on how they manage your data.

User Account Information: In order to purchase or access certain Services, we may require you to create a user account and provide your name and/or email address and create a unique password. For your security, we do not have access or knowledge of your password, and it is your sole responsibility to keep the password confidential and not share your account details with any other people, including us.

Computer, Browser and Mobile Information: Computer and connection information such as statistics on your page views, traffic to and from the Site, your uniform resource locator (“URL”), advertisement data, your internet protocol (“IP”) address, your browsing history, and your Site log information. If you access our Site via your mobile phone, we may collect information about your device, including but not limited to, the model, manufacturer, device identification and your approximate location (for example, based on your IP address).

Social Media Information: We may access personal information from social networking sites and apps, including, but not limited to, LinkedIn and YouTube which may include your name, username on any of these platforms, location, email, age, gender, profile picture and any other public information you have included on any of your social media profiles. If you want to limit this data, review the privacy and security settings of each.

Sensitive Information

We do not request or intentionally collect sensitive personal information, such as social insurance or social security numbers, financial account details, or account log-in credentials in combination with a password or security question. Some of our services may involve sensitive personal information you choose to share with us, such as health information on an intake form or during a session. We collect sensitive information only with your consent and only as needed to deliver our services. We do not sell it or use it for advertising. Please do not send us sensitive information through our Site or by email unless we have asked you to do so as part of our Services. If sensitive information is inadvertently submitted to us, we will delete it unless we are required by law to retain it.

HOW WE COLLECT YOUR INFORMATION

Information You Voluntarily Provide

We collect information you voluntarily and manually provide when you use our Site, such as when you purchase or access Services or certain content on our Site, sign up for our email list or newsletter, submit a form, send us questions, or interact with us through this Site such as when you provide comments, reviews, testimonials or other feedback. Some of the information you manually provide may be personal information, such as your name or email address.

Information from Your Website Browser or Mobile Device

We collect information that is sent to us automatically from your website browser or mobile device, such as your IP address, the name of your operating system, the name and version of your browser, date and time of your visit, page(s) you visit and length of time you spent on each page. The information we receive may depend on your browser or device settings. Information received from your website browser and mobile device typically is not, in and of itself, personally identifiable. However, we may combine it with other information in an attempt to identify you, or we may combine it with information that does identify you.

Tracking Technologies

We collect information when you visit our Site and through our email communications, by using cookies, pixels, website beacons, tags, and other tracking technologies to collect information about your engagement, as well as your browsing and purchasing behaviour. These tracking technologies include:

•          Clickstream Data: Through Site access logs we collect your URL, clickstream data and HTTP protocol elements, such as the number of hits and visits to the Site. Because this data can include your IP address and device information, it may be personal information. We use it for internal purposes such as research and development, user analysis and business decision making. We may provide statistics derived from this data to third parties for data processing and analysis, and those statistics do not identify you.

•          Cookies: Cookies collect data sent to us by your computer about (i) the way you interact with our Site, such as when you use certain features or download attachments; (ii) how our marketing and advertising perform; (iii) the use of these tracking technologies by partners and third parties to track your use of our Site, including on multiple devices; and (iv) statistical data, such as how long you stay on a certain webpage on our Site and the location from where you access our Site. All of this information helps us to improve the Services, provide content based on the interests of our users and improve the functionality of our Site. Most browsers are set to accept cookies by default. When you visit our Site, a cookie banner lets you accept or reject non-essential cookies, including those used for analytics or advertising. Non-essential cookies stay off unless you accept them. If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our Site.

•          Website Beacons or Pixels: These are small graphics or code snippets that help us understand browsing activity, measure our marketing and provide a better user experience. They can collect information linked to your device or browser and, in some cases, to you, for example when you are logged in to a social media or advertising platform.

•          Social Widgets: These buttons are provided by third-party social media providers that allow you to interact and access certain social media services when you view a page on our Site. These widgets may collect browsing data, which may be sent to the respective third-party social media provider.

•          Third Party Software: We may use third-party software to post advertisements on our Site to oversee marketing or email campaigns or manage other business initiatives. This third-party software may use cookies or similar tracking technology. We have no control over these third-parties or their use of cookies.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements on our Site are served by third parties, including advertisers, ad networks and/or servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Ability to Opt Out of Tracking

We may use the technologies described above to collect information about your online activities over time and across third-party websites or other online services. You can set your browser to refuse all or some cookies, or to alert you when cookies are being sent. If you do, some parts of this Site may not work properly. For example, you may not be able to share content from our Site to social media sites.

Do Not Track. Our Site does not respond to browser “Do Not Track” signals. Where required by law, we honour opt-out preference signals such as Global Privacy Control (GPC).

You can find more information about opting out of certain tracking and internet-based advertising at https://optout.networkadvertising.org/?c=1.

To learn how to turn tracking on or off on your device, you can visit the following websites:

Turn “Do Not Track” on or off/Android

Turn “Do Not Track” on or off/Mac

Website Analytics

We may use third-party analytics tools to understand how visitors use our Site and improve its functionality. These tools may use cookies or similar technologies to collect information such as IP address, device information, and browsing activity. We may share personal information with service providers who process data on our behalf for legitimate business purposes. Where required by law, we will obtain your consent before using non-essential cookies or similar tracking technologies.

You can manage your cookie preferences through your browser settings or any cookie consent tool available on our Site. For more information about how analytics providers handle your information, please review their privacy policies or contact us at jonathan@clearlythen.com.

Email Communications

We send marketing emails only with your express consent, or where your consent is implied under applicable law (for example, where you have made a purchase or inquiry within the time limits the law allows). We request your consent separately from this Privacy Policy and our Terms of Use, and we do not use pre-checked boxes to obtain it.

HOW WE USE AND DISCLOSE YOUR INFORMATION

Use of Information

We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so for legitimate business purposes. Generally, the purpose of collecting your information through our Site is to:

•          Provide our Site and its contents to you;

•          Provide you with information, products or services that you request from us;

•          Carry out our obligations and enforce our rights arising from any contracts between you and us, including for billing and collection;

•          Collect statistical data and analyze trends for our use, and for use by third parties to better understand your needs and interests;

•          Improve our Services, marketing and promotional efforts or troubleshoot issues on our Site;

•          Contact you with special offers, newsletters, information, advertisements of third parties and content we believe will be of interest to you which in some instances may be in exchange for a commission to be paid to us by such third parties (if you opt to take part in such promotions, the third parties will receive your information);

•          Allow you to participate in interactive and social features on our Site;

•          Improve the content, functionality and usability of this Site and provide a tailored and personalized experience for you when you visit our Site;

•          Prevent fraudulent activities and security breaches;

•          Resolve disputes and assist law enforcement when necessary or respond to any legal claims or otherwise comply with our legal obligations; and

•          For any other purpose with your consent.

We may also use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Use of Artificial Intelligence and Automated Tools

We may use artificial intelligence (“AI”) tools provided by third-party service providers to help operate our business and Site, for example to answer questions, transcribe or summarize meetings and communications, draft or personalize content, detect fraud, or improve our Services. These tools may process personal information you provide or that we collect. We take reasonable steps, such as adjusting account settings where available, to prevent our AI providers from using your personal information to train their general AI models. If we use an AI tool to record or transcribe a call or meeting with you, we will tell you before we start. We do not use AI to make decisions about you without human involvement. For more detail on how we use AI, please see our AI Use Policy at clearlythen.com/ai-policy.

Disclosure of your Information

We do not sell your personal information in exchange for money. We may share personal information with trusted third-party service providers, advertising partners, and analytics providers for legitimate business and marketing purposes, as described below. Some of this sharing, such as through advertising pixels, may count as a “sale” or “sharing” under certain privacy laws.

We may disclose personal information in the following circumstances:

•          To service providers who assist in operating our Site and business, including payment processing, hosting services, email delivery, communications, customer service, and analytics;

•          To advertising and marketing partners to help us promote our Site and Services, including delivering advertisements that may be relevant to you;

•          To affiliates or strategic partners where necessary to deliver Services or administer programs;

•          To administer your account and communicate with you;

•          To analyze trends, improve functionality, and enhance user experience;

•          To protect the security, integrity, and legal rights of our business and users, including investigating violations of our policies;

•          In connection with a sale, merger, restructuring, or transfer of all or part of our business;

•          To comply with legal obligations, respond to lawful requests, or protect the rights, property, or safety of our business, users, or others; or

•          With your consent.

Where required by applicable privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), you may request to opt out of the sale or sharing of your personal information by contacting us at jonathan@clearlythen.com or using any available opt-out tools on our Site.

Retention of Information

We retain personal information only for as long as necessary to fulfill the purposes for which it was collected, to provide Services, and to comply with applicable legal, accounting, or regulatory obligations.

International Data

Your personal information may be transferred to and maintained on servers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. We take reasonable steps to ensure that personal information transferred outside your jurisdiction is protected by appropriate contractual or organizational safeguards, as required by applicable law.

Processing Your Information

We may process personal information directly or through third-party service providers acting on our behalf. In order to carry out our business, it is necessary for us to transmit certain information to third parties. For instance, when you purchase a Service from our Site, your payment information is transmitted to and collected by a third-party payment processor. For a full list of third-party applications we use, please contact us at jonathan@clearlythen.com.

In some instances, we may process your information internally. We process personal information for the purposes described in this Privacy Policy, with your consent where the law requires it, or on another basis the law allows, such as to perform a contract with you. Where we need your consent, we ask for it separately from this Privacy Policy and our Terms of Use, and you can withdraw it at any time.

Protection of Your Information

We use commercially reasonable measures to protect the personal information you provide to us and the information we collect automatically, including secure (encrypted) connections and reputable third-party payment processors and platforms. Because email is not a secure way to send information, please do not send us sensitive or private information by email unless we have asked you to. No system or transmission of data over the internet or any other public network, and no storage of data, can be guaranteed to be 100% secure. If you are concerned about your personal information, please contact us at jonathan@clearlythen.com.

Event of a Breach

In the event of a breach involving personal information under our control, we will assess the nature and scope of the incident and notify affected individuals and any required regulatory authorities in accordance with applicable privacy laws. We will take reasonable steps to investigate, mitigate, and remediate the incident as appropriate.

YOUR RIGHTS

We respect your rights to your personal information and data. You have the right to access, correct, request restriction or deletion of your information, or request details of how we use your personal information and data collected, as required by applicable law. We do not charge a fee for these requests unless the law allows it, in which case we will tell you the amount in advance. We may ask you to verify your identity before we act on a request. We will respond within the time required by applicable law, subject to any permitted extension. You may also submit a request through an authorized agent, and we may require the agent to provide proof of authorization or other verification of their authority to act on your behalf.

After we verify your identity, you have the right to:

•          Update or correct any information you have provided to us by contacting us at jonathan@clearlythen.com;

•          Request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal information unless doing so would affect the rights and freedoms of others;

•          Withdraw or change your consent to our use of your information. In some cases, withdrawing your consent may mean we can no longer provide certain Services or give you full access to our Site;

•          Request a digital copy of the data that we hold about you in a commonly used format. We will not charge a fee for this unless the law allows it, in which case we will tell you the amount before we proceed;

•          Request that we delete the data that we hold about you. We will do so without undue delay unless an exception applies, such as when keeping your data is required by law or is necessary to establish, exercise or defend legal claims. Deleting your data may mean we can no longer provide certain Services or give you full access to our Site;

•          Opt out of marketing emails at any time by clicking the “unsubscribe” link in any email or by contacting us at jonathan@clearlythen.com;

•          Opt out of receiving any third-party marketing communications or having your personal information used for marketing purposes by contacting us at jonathan@clearlythen.com;

•          In certain situations, restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights, our rights, or those of others; and

•          Complain to a supervising authority in your jurisdiction if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law.

If you wish to have any third parties, including those to whom we have disclosed your personal information, delete your information, you may need to contact those third parties directly. Upon request, we will provide information about the categories of third parties with whom we share personal information, as required by applicable law.

Complaints

If you believe we have mishandled your personal information or violated your rights under this Privacy Policy or applicable law, please contact us at jonathan@clearlythen.com. We will make reasonable efforts to address your concern promptly. You may also have the right to make a complaint to the applicable privacy regulator in your jurisdiction, such as the Office of the Privacy Commissioner of Canada or the relevant state authority if you are located in the United States. Quebec residents may also file a complaint with the Commission d’accès à l’information du Québec. If you are located in British Columbia or Alberta, you may also file a complaint with the applicable provincial privacy regulator, such as the Office of the Information and Privacy Commissioner for British Columbia or Alberta, where those provincial laws apply instead of federal law.

International Visitors

Our Site is intended for users located in Canada and the United States. If you are accessing our Site from outside these countries, including from the European Union, please be aware that your information may be transferred to and processed in Canada or the United States, where privacy laws may differ from those in your country. Where the law of your country requires your consent to this transfer, we will ask for it separately.

U.S. State Privacy Rights

If you are a resident of a U.S. state with its own comprehensive consumer privacy law, such as California, Virginia, Colorado, Connecticut, Texas, or another state with similar legislation, you may have rights similar to those described above, including the right to access, correct, delete, or port your personal information, and to opt out of certain processing, including targeted advertising and profiling. We will honour these rights where applicable law requires it. To exercise these rights, please contact us at jonathan@clearlythen.com.

Changes to our Privacy Policy

We may update this Privacy Policy from time to time and will update the “Last Updated” date at the top of this page each time we do. If we make a material change to how we collect, use or disclose your personal information, we will notify you, for example by email or by a notice on our Site, and where the law requires your consent to the change, we will ask for it. You can review the most current version at any time by visiting this page. Your continued use of the Site after an update means you have read the revised Privacy Policy, but it does not replace any consent the law requires us to get from you.

Contact us

We have designated Jonathan Bennett, Principal, as our Privacy Officer and person in charge of the protection of personal information who is accountable for our compliance with this Privacy Policy and applicable privacy laws. If you have questions about how we handle your personal information, or want to make a request or complaint, you can reach our Privacy Officer at jonathan@clearlythen.com, via DM on LinkedIn.

WEBSITE TERMS OF USE

Last updated: October 2026

This website, clearlythen.com including all pages, our own linked websites, content and subdomains, (collectively, “Site”) is owned and operated by ClearlyThen Inc. In these Terms of Use (“Terms”), “we”, “us” and “our” means ClearlyThen Inc. and the terms “you” or “your” means any individual user of our Site or, if you are using this Site on behalf of your employer, means both you and your employer.

NOTICE: It is your responsibility to carefully read these Website Terms of Use (“Terms”) prior to using our Site or purchasing or accessing any of our products or services, whether free or paid, including but not limited to our content, webinars, courses, related client portals, Digital Products (as defined below) or any other resources (collectively, “Services”). These Terms, as well as our Privacy Policy govern your use of the Site and Services and are legally binding on you.

USE OF OUR SITE AND SERVICES

When you accessed our Site or opted in to any of our Services you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be bound by and abide by these Terms. Our Privacy Policy explains how we collect, use, disclose, and safeguard your personal information, and by using our Site or Services you acknowledge that you have read it. Where the law requires your consent to collect or use your personal information, we ask for it separately.

You must be of legal age of majority in your place of residence to use our Site and access our Services. By using this Site and accessing our Services, you represent and warrant to us that you are of legal age of majority in your place of residence and can form a legally binding contract.

While we aim to keep this Site as up to date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.

If you wish to access, correct, or request deletion of your personal information, please refer to the “Your Rights” section of our Privacy Policy for details on how to submit a request and the process we follow, including applicable exceptions. You may contact us at jonathan@clearlythen.com to initiate any such request. More information about how we collect, process and store your personal information can be found in our Privacy Policy (above on this page).

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

Ownership of Intellectual Property Rights

All content, resources, materials, Digital Products (as defined below), images, text, designs, graphics, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site and within our Services or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, any of our Intellectual Property as this is a violation of our rights and of federal law.

You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site in any form or medium whatsoever except:

•          your computer and browser may temporarily store, or cache copies of materials being accessed and viewed;

•          a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;

•          in the event social media platforms are linked to certain content on our Site, you may take such actions as our Site and such third-party social media platforms permit.

You are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site unless otherwise expressly set out in writing.

Linking to our Site and Social Media

Before you link to our website or social media, please ensure you are following our guidelines for doing so. If you wish to link to our Site as a source for a blog, article, or other marketing or promotional purpose you are required to include a direct link to our Site in the cited material. You are not permitted to share copied information or content from our Site without our express, written permission. All links to our Site must establish that you do not have any association or endorsement from the Company (absent a separate affiliate agreement, influencer agreement, or other written agreement).

You are not permitted to repost any of our information on your own website or social media account without our express written permission. You agree to immediately remove any content when requested by us.

Digital Product Licensing

When you purchase or access any of our digital products, including but not limited to any of our videos, workbooks, courses, services or other resources (collectively “Digital Products”), you are granted a limited, non-transferable, non-exclusive, revocable license for personal or internal business use only.

For clarity, as part of your limited license:

You may:

•          Access and use the product for your own personal or internal business use;

•          Download or print materials for your use only.

You may not:

•          Share, resell or distribute the Digital Products to others (including sharing your account logins with others to access the Digital Products);

•          Copy or modify the product for redistribution;

•          use the Digital Product in whole or in part as “inspiration” or make minor changes to any part or whole of your purchases for resale, sharing or distribution as your own work;

•          Claim the Digital Product or any variations as your own.

Right to Retire Services

We reserve the right to retire, discontinue, or withdraw any of our Services from sale at any time and for any reason, without notice and without liability. Retirement of a product does not affect your right to continue using the version you received, but we are under no obligation to provide updates, support, access to future versions, or continued availability of any platform or delivery mechanism associated with the product.

Violations and Indemnity

We take violations and infringement of our Intellectual Property rights seriously. We reserve the right to revoke your access to our Site and Services for any misuse or infringement and further reserve the right to take whatever legal steps are necessary to protect and enforce our Intellectual Property rights.

SECURITY

General

You understand that the transmission of information via the internet is not completely secure. We use commercially reasonable measures to protect your information, as described in our Privacy Policy, but we cannot guarantee the security of information transmitted to our Site. Please do not send us sensitive or private information through our Site unless we have asked you to. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.

Account Security

You are responsible for safeguarding any login details associated with accessing our Services. If you suspect your account has been compromised, please contact us immediately.

Use of Third-Party Applications

We use third-party platforms to deliver Services and process payments. Your data may be stored or processed by these third parties. Refer to our Privacy Policy for more details.

Confidentiality

Unless you have entered into a separate written agreement with us, we do not owe you any duty of confidentiality with respect to communications or materials you submit through this Site. Please do not share confidential or proprietary information through our Site. For clarity, nothing in this clause limits or affects our obligations with respect to your personal information as set out in our Privacy Policy.

USER CONTENT & COMMUNICATIONS

User Content & Communications

By submitting any content to us, including but not limited to comments, testimonials, feedback, images, photos, or other materials whether through a form, submission portal, contest, or direct communication, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and publish that content for the purposes of promoting and marketing our Services. This license does not apply to content passively collected through your general use of our Site, such as through cookies or tracking technologies.

You represent that you own or have the right to submit any content you provide to us and that it does not infringe the rights of any third party. We reserve the right to moderate or remove any submitted content at our discretion.

You agree not to submit content that is unlawful, defamatory, harmful, spam, misleading, or that infringes on the rights of others.

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. Any claims arising from your misuse of our Site are subject to the indemnity obligations set out in the Limitation of Liability and Indemnity section of these Terms.

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk

Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any of our Services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials made available to you.

Warranties Disclaimer

We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.

No Guarantees; Testimonial Disclaimer

While we may reference certain results, outcomes or situations on this Site or relating to our Services, you understand and agree that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or in relation to our Services. The testimonials, statements or opinions presented on our Site are the results of the individuals who provided them. Results or experiences of each individual may vary. The testimonials used on our Site do not guarantee the same or similar result or experience of others who use our Site and/or Services. All testimonials provided on our Site were voluntarily provided without payment or in exchange for any compensation unless expressly indicated otherwise.

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.

Earnings Disclaimer

You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Services with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success or financial gain merely upon access of our Site or your use of Services.

Third Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user.

Technology Disclaimer

We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control, and you may need to access support from a third-party contributor. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Use of Artificial Intelligence Disclaimer

We may use artificial intelligence technologies (“AI”) to assist in the creation, editing, formatting, organization, or delivery of content, resources, communications, and other materials on our Site or through our Services, including AI-assisted text, graphics, images, audio, video, or automated responses. Where content is created or curated by us, it is reviewed prior to publication as per our AI policy: clearlythen.com/ai-policy. Where content is generated or delivered dynamically or in real time, it is subject to our general content policies and this disclaimer and may not be individually reviewed prior to delivery. We assert all available intellectual property rights in our content and materials, including any human-authored, curated, selected, or arranged elements, to the fullest extent permitted by applicable law. Any AI-generated elements are used in accordance with the applicable platform terms and licenses.

Not Professional Advice

Nothing on our Site or through our Services constitutes professional advice of any kind, including but not limited to medical, legal, financial, nutritional, or mental health advice, regardless of whether we or any contributor hold a professional designation or credential. No professional or fiduciary relationship is created by your use of our Site or Services. You are solely responsible for any decisions or actions you take based on our content or materials, and we strongly encourage you to seek qualified professional advice specific to your situation and jurisdiction.

LIMITATION OF LIABILITY AND INDEMNITY

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CLEARLYTHEN INC., OR WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR OUR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS $100.00.

Release, Indemnity and Waiver

To the maximum extent permitted by applicable law, you agree to defend, indemnify, release and hold harmless the Released Parties from and against any claims, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to: (i) your breach of these Terms; (ii) your use or misuse of our Site or Services; or (iii) your infringement or misuse of our Intellectual Property.

Termination of Your Use

If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access to our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.

DISPUTES AND CLAIMS

Notice and Resolution of Dispute

You agree to attempt to resolve any dispute or claim by first providing us with written notice at jonathan@clearlythen.com that includes a detailed description of the nature of the dispute, the Site pages or Services affected, and any other information reasonably necessary to understand and evaluate the claim. We shall have ninety (90) days from receipt of your notice to respond and attempt to resolve the matter before any formal proceedings are initiated.

Jury and Class Action Waiver

To the extent permitted by applicable law, you waive the right to a trial by jury, to participate in a class action, or to seek remedies beyond the extent necessary to provide individualized relief. You agree not to act as a plaintiff or class member in any purported or de facto class or representative proceeding, or as a private attorney general or on behalf of the general public.

Injunctive Relief

Your breach of these Terms is likely to cause immediate and/or irreparable harm to ClearlyThen Inc. As such, we may seek injunctive relief against you without the need to post bond.

GENERAL

Full Agreement

You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site.

Your Privacy Rights

Nothing in these Terms limits any right you have under applicable privacy law, including your right to make a complaint to a privacy regulator or to bring a claim that the law does not allow to be waived.

Governing Law, Jurisdiction; Legal Fees

These Terms, as well as our Privacy Policy are governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Peterborough, Ontario. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any dispute(s) will be entitled to recover reasonable legal fees and costs, including expert costs.

Severability

If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

Waiver

The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.

All Rights Reserved

We reserve the right to update and change these Terms at any time, and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. If you continue to use the Site after we make changes, you agree to the changes. All rights not expressly set out and granted in these Terms and Conditions of Use and our Privacy Policy are expressly reserved by us.

Contact

If you have any questions about these Terms, please send an email to: jonathan@clearlythen.com