Terms of Service

Clarly lets businesses connect WhatsApp, Facebook Messenger, Instagram and a chat window on their own website, and answer customers with automated replies that use the business's own product, order and policy information, with the business's team able to take over at any time. We may improve and change the service; we will not remove a core feature you pay for during a billing period without telling you first.

You must be at least 18, and authorised to act for your business. Keep your login details secure, turn on two-factor authentication for admin accounts, and tell us at once about any unauthorised use. You are responsible for everything done under your account, including by team members you invite.

• Comply with the WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, Meta Platform Terms and Community Standards, and all applicable law, including consumer-protection, e-commerce, anti-spam and personal-data law.
• Obtain the opt-ins and consents required to message your customers, and honour opt-out requests.
• Make sure the product, price, discount and policy information you give Clarly is accurate and lawful, and keep it up to date.
• Tell your customers, in your own privacy notice, how their messages are processed, including that you use Clarly as your service provider.
• Do not use Clarly for conversations the law requires you to keep in Saudi Arabia. No personal data is hosted in Saudi Arabia today.

You must follow our Acceptable Use Policy at https://clarly.esap.ai/legal/acceptable-use. In short, you must not use Clarly to send spam or unsolicited bulk messages; sell goods or services that Meta's commerce policies or the law prohibit; harass, deceive or impersonate anyone; process data you have no right to process; or interfere with, probe or reverse-engineer the service.

Replies are generated automatically by AI models and may occasionally be wrong, incomplete or out of date. They are not professional advice. You remain responsible for the messages sent from your accounts and for the orders, bookings and prices agreed in them. Use the escalation, approval and price-limit settings to keep a person in the loop where accuracy matters, such as prices, refunds, and medical, legal or safety questions.

Replies do not diagnose and do not give medical, medication, treatment, legal or financial advice; they hand those questions to your team. Your customers can ask for a person at any time, and you must have someone available to answer them.

Every plan starts with a free trial; no card is needed to start it. After the trial, subscription fees are as shown on our pricing page when you subscribe, billed in advance for each billing period, and renew automatically until you cancel.

Subscriptions are sold and billed by Polar, our merchant of record, which processes the payment, issues the invoice, and collects and pays any VAT or sales tax that applies. Any tax is shown at checkout before you pay. Polar's own buyer terms also apply to the purchase.

Charges Meta makes for WhatsApp messages are billed by Meta directly to the payment method on your WhatsApp Business Account and are not part of our fees. We will tell you at least 30 days before a price change applies to your plan. Refunds follow our Refund Policy at https://clarly.esap.ai/refunds.

We provide support by email at privacy@clarly.esap.ai and aim to reply within two business days (Sunday to Thursday, Saudi time). We work to keep Clarly available at all times and announce planned maintenance in advance where we can, but we do not guarantee uninterrupted service, and these terms do not include a service-level agreement or service credits. Meta, stores, couriers and other third parties can also cause interruptions outside our control.

We may suspend all or part of your access, with notice where practical, if you do not pay, if you breach these terms or the Acceptable Use Policy, if Meta or a competent authority requires it, or if your use puts the service, other users or the public at risk. We will limit the suspension to what is needed and restore access once the cause is fixed.

These terms apply from when you create an account until your workspace is closed. You may cancel your subscription or close your workspace at any time from the console. We may terminate these terms if you seriously breach them and do not fix the breach within 14 days of our notice, or at once for a serious breach of the Acceptable Use Policy or the law. Before closing a workspace you can download a full copy of its data from the console; 30 days after closure, all of its data is erased as described in the Privacy Policy. Sections 10 to 22 survive termination.

You own your data and your customers' data. You grant us the rights needed to host and process it to provide the service. We handle personal data as described in our Privacy Policy, and when we process your customers' data we act on your instructions as your processor, under our Data Processing Agreement at https://clarly.esap.ai/legal/dpa, which forms part of these terms.

Each of us will keep confidential the non-public information the other shares in connection with the service, use it only to perform these terms, and disclose it only to staff and providers who need it and are bound by similar duties, or where the law requires. This does not apply to information that is public, already known to the recipient, or independently developed.

Clarly's software, design and brand belong to us or our licensors. These terms give you a limited, non-exclusive, non-transferable right to use the service for your business during your subscription. If you send us suggestions, we may use them without obligation to you. You keep all rights in your content, brand and data.

Clarly relies on Meta, online stores, couriers and other third parties. Their terms apply to your use of them, and we are not responsible for their availability, policy changes, or any action they take on your accounts, such as a messaging limit or a ban.

Apart from the commitments in these terms, the service is provided "as is" and "as available". To the extent the law allows, we disclaim all implied warranties, including fitness for a particular purpose, and we do not warrant that automated replies will always be accurate.

To the extent the law allows, neither of us is liable to the other for indirect or consequential losses, lost profits, lost revenue or lost data. Each party's total liability for all claims arising from these terms and the Data Processing Agreement is limited to the fees you paid us in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, your indemnity in section 16, or liability that cannot be limited by law, such as for fraud or wilful misconduct.

You will compensate us for losses and reasonable costs arising from a third-party claim, including by Meta or a regulator, that results from your content, the messages sent from your accounts, the information you give the service, or your breach of these terms, the Acceptable Use Policy or the law. We will tell you promptly about the claim and let you take part in its defence.

Neither of us is responsible for a delay or failure caused by events beyond reasonable control, such as natural disasters, war, government action, power or internet failures, or outages at Meta or our hosting providers. This does not excuse payment of fees already due.

You may not transfer these terms without our written consent. We may transfer them to a company in our group or to a buyer of all or part of our business, and we will tell you if we do.

We send notices to the email address of your workspace owner or show them in the console. You send notices to privacy@clarly.esap.ai or to our address above. An email notice takes effect when sent, unless the sender learns it was not delivered.

These terms are governed by the laws of the Kingdom of Saudi Arabia. We will both try in good faith to settle any dispute by discussion first. If it is not settled within 30 days, it goes to the competent courts in Riyadh.

These terms are published in Arabic and English. If the two versions differ, the Arabic version prevails.

These terms, with the policies and agreement they include, are the entire agreement between us about the service and replace any earlier understanding. If any part is found invalid or unenforceable, the rest stays in effect and the invalid part is applied as closely to its purpose as the law allows. Not enforcing a right is not a waiver of it.

We may update these terms. We will post the new version here and, for significant changes, email account owners at least 14 days before they take effect. If you do not agree, you may close your workspace before then; continuing to use Clarly after that means you accept them.

Empowering Energy Contracting Company, 7384 King Abdul Aziz Road, Al Murooj District, 4349, Riyadh 12282, Saudi Arabia. Email: privacy@clarly.esap.ai. Phone: +966 55 329 1748.