Terms of Use

These Terms of Use (“TOU”) apply to your access and use of Clutch Insights, LLC (“Clutch”) website and products that you purchase or sign up for on Clutch.com You agree to these Terms by clicking to accept these Terms. The Customers that our products are built for are sole practitioners and organizations for business and professional purposes, and are not intended for use by consumers for personal, family, or household use. When using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such cases, “you” and “your” will refer to that organization. You must be 18 years of age to use Clutch.

1. Fees and Payments 

1.1 Fees for Services. You agree to pay Clutch fees for each Product you purchase. These payments are non-refundable and such fees may be updated from time to time. Clutch only offers payment by credit card. You represent and warrant that the credit card information you provide is correct and you will promptly notify Clutch of any changes to such information.

1.2 Taxes. Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, accessible by any jurisdiction (collectively, “Taxes”) unless otherwise indicated or required by applicable law. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.

2. Privacy 

We know that by giving us your Content (as defined below), you are trusting us to treat it appropriately. Clutch’s Privacy Policy details how we treat your Content (as defined below) that is considered Personal Data and we agree to adhere to the Clutch Privacy Policy. You in turn agree that Clutch may use and share your Content in accordance with the Clutch Privacy Policy. You also agree that you are responsible for notifying your participants about the Clutch Privacy Policy. 

3. Your Content 

3.1 You Retain Ownership of Your Content. In the course of using the Products, you may submit content to Clutch (including your Personal Data and the Personal Data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). You retain ownership of all of your intellectual property rights in your Content. Clutch does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited license described in these Terms. 

3.2 Limited License to Your Content. You grant Clutch a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise, your data. When you use our Services, you keep what is yours and allow us to use it only as necessary to continue providing and improving our Products. Where permitted under applicable law, this license for such limited purposes continues even after you stop using our Products, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Clutch business. This license also extends to any trusted third parties we work with to the extent necessary to provide and improve the Products. 

3.3 Representations and Warranties. You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Product, any Content.

4. Clutch IP. Neither these Terms nor your use of the Products grants you ownership in the Products or the content you access through the Products (other than your Content). 

5. Disclaimers, Limitations of Liability, and Indemnification 

5.1 Disclaimers. While it is in Clutch’'s interest to provide you with a great experience when using our Product, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND CLUTCH DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES. 

5.2 Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLUTCH (INCLUDING THEIR OFFICERS AND EMPLOYEES) WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CLUTCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

5.3 Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF CLUTCH (INCLUDING THEIR OFFICERS AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO CLUTCH FOR USE OF THE PRODUCTS AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US $200.00. IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS (SECTION 5.2) AND/OR LIMITATIONS (SECTION 5.3) ARE NOT PERMITTED BY LAW, WE ARE RESPONSIBLE TO YOU ONLY FOR YOUR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE ALL REASONABLE SKILL AND CARE OR THAT DIRECTLY RESULT FROM A MATERIAL BREACH OF THESE TERMS. While our Products are meant for business purposes, we acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden In the event of a dispute, we won’t owe more than the amount you’ve paid or should have paid in the previous 12 months for the Services or $200, whichever is less. If you are such a consumer using our Services primarily for non-business purposes (such as for personal purposes), nothing in these Terms limits those consumer rights. 

5.4 Indemnification. If you are a business, you will indemnify and hold harmless Clutch (including its affiliates and its and their officers, agents, and employees) from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Products or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users. 

6. Assignment. 

6.1 You may not assign these Terms without Clutch’s prior written consent, which may be withheld in Clutch’s sole discretion. Clutch may assign these Terms at any time without notice to you. 

6.2 Customer Lists. Clutch may identify you by name and logo as a customer of the Products on our website and on other promotional materials. Any goodwill arising from the use of your name and logo will insure to your benefit. You may not transfer these obligations to someone else without our permission. However, we can transfer these terms or our obligations without your permission. We can use your name, logo, and description of how you use our Product on our website and in marketing and promotional materials. 

6.3 Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and Clutch, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.