1. Agreement & scope. These Terms of Use ("Terms") govern access to and use of Clear.ai's software, APIs, and related services (the "Service") by the entity or person accepting them ("Customer"). By creating an account, clicking accept, or using the Service, you agree to these Terms. The Service is for business use.
2. Accounts & users. Customer may enable accounts for its employees/contractors ("Authorised Users"). Customer is responsible for its Users' actions and for keeping credentials secure.
3. Customer Content & roles. "Customer Content" means data, documents, prompts, messages, and files submitted to or generated in the Service at Customer's direction (including classification context and lodgement‑related materials). As between the parties, Customer owns Customer Content. Clear.ai processes Customer Content as a processor and Account/Billing/Website data as an independent controller.
4. License & restrictions. Subject to these Terms and timely payment, Clear.ai grants Customer a non‑exclusive, non‑transferable right to access and use the Service for its internal business purposes. Customer will not: reverse engineer; copy except as permitted; use the Service to build competing products; or violate laws, third‑party rights, or these Terms.
5. Acceptable Use; ICS & third‑party systems.
- Customer must not use the Service to submit unlawful or fraudulent filings, infringe intellectual property, or transmit malware or abusive content.
- ICS and government systems. If Customer interacts with Australia's Integrated Cargo System (ICS) or related APIs/EDI, Customer remains responsible for its own credentials, eligibility and compliance with applicable government terms and law; Clear.ai is not affiliated with the Australian Border Force or ICS.
- Customer is responsible for the accuracy of classifications and declarations and agrees that any AI suggestions are informational; final decisions rest with licensed professionals and/or the Customer.
6. AI & data use.
- No training. Clear.ai does not train its models or third‑party models on Customer Content.
- Privacy Mode (default). Model providers are configured for zero‑retention and no‑training modes where available.
- Opt‑in improvements. If enabled by Customer, we may use aggregated, de‑identified signals to improve quality and safety; no raw Customer Content is used.
- Documentation and settings are described in our Data Use & Privacy Overview.
7. Subprocessors & integrations. Customer authorises Clear.ai to use vetted Subprocessors (e.g., cloud hosting, dedicated AI inference providers, observability) and to interoperate with integrations Customer chooses. Each Subprocessor is vetted to meet privacy and data security policies and must have ISO27001 / SOC 2 or equivalent data protection certification.
8. Data residency & transfers. Clear.ai offers regional pinning (AU/EU/US/SG or others). Where specifically agreed, Clear.ai will not move Customer Content out of the chosen region except as required by law, for transient routing, or at Customer's direction. For cross‑border transfers, Clear.ai uses appropriate safeguards.
9. Security & incidents. Clear.ai implements industry‑standard security measures. If a breach is likely to cause serious harm, Clear.ai will notify affected parties in accordance with Australia's Notifiable Data Breaches scheme.
10. Plans, fees & taxes. Fees are as stated at purchase. Charges are due per the order; late payments may result in suspension. Fees are exclusive of taxes; Customer is responsible for applicable taxes.
11. Confidentiality. Each party will protect the other's Confidential Information with reasonable care and use it only to perform under these Terms.
12. IP. Clear.ai retains all rights in the Service, software, and documentation. If Customer provides feedback, Customer grants Clear.ai a non‑exclusive, worldwide, irrevocable license to use it without restriction. Customer agrees to not reverse engineer any aspects of Clear.ai's system, code, or user interface.
13. Warranties & disclaimers. The Service is provided "as is". Clear.ai disclaims implied warranties to the maximum extent permitted by law. No legal or regulatory advice is provided; suggestions (including tariff recommendations) require professional judgement. Customer remains responsible for compliance and filings.
14. Limitation of liability. To the maximum extent permitted by law, Clear.ai's aggregate liability for all claims in any 12‑month period is limited to the fees paid or payable by Customer to Clear.ai for the Service in that period. Neither party is liable for indirect, consequential, special, or punitive damages. Nothing limits non‑excludable rights under the Australian Consumer Law; where such rights apply, Clear.ai's liability is limited (at its option) to re‑supply or the cost of re‑supply.
15. Indemnities.
- By Customer. Customer will defend and indemnify Clear.ai from claims arising out of Customer Content, filings, use of ICS or government systems, or breach of these Terms.
- By Clear.ai. Clear.ai will defend and indemnify Customer against third‑party IP claims that the Service infringes such party's IP, subject to customary exclusions.
16. Term and termination. These Terms continue for the subscription term. Either party may terminate for material breach after a reasonable cure period. Upon termination, Customer must stop using the Service. Export and deletion tools are available to Customer admins (subject to legal holds and backup schedules).
17. Retention & deletion. Clear.ai retains Customer Content for the subscription term and as required by local customs requirements, then deletes or de‑identifies it per our schedules. Admins may delete at any time (subject to legal holds/backups).
18. Changes to the Service or Terms. We may update non‑material aspects at any time. For material changes to these Terms, we'll provide reasonable advance notice.
19. General. Assignment with consent (not unreasonably withheld), except to an affiliate or in a reorganisation. Notices by email. Governing law NSW, Australia; exclusive venue Sydney; no arbitration required.