Last Updated: January 1, 2026
Cleva Technologies
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM OR ANY OF OUR SERVICES. BY AGREEING TO THESE TERMS, YOU WILL BECOME SUBJECT TO AN ARBITRATION PROVISION WITH CLASS ACTION AND JURY TRIAL WAIVERS.
These Terms of Service (“Terms”) constitutes a legally binding agreement between you and Cleva Payments, Inc. (“Cleva”, “we”, “us”, “our”) concerning your access to and the use of our products and services (“Services”) made available to you on our website, mobile application or other digital platforms (“Platform”) whether as visitors, registered users or account holders. By using or accessing our Services or our Platform, you confirm that you understand and accept these Terms and our Privacy Policy and Financial Privacy Notice, which are incorporated into these Terms by reference, and that you agree to be bound by them. If you do not agree, you must not use our Services or our Platform.
We may update and amend these Terms from time to time in our sole discretion, including by adding, deleting or modifying terms. If the changes to these Terms materially modify your rights or obligations, they will be effective on the earlier of the date upon which you consent to them or thirty (30) days from the date on which we notify you of the updates. If the changes do not materially modify your rights or obligations, they will be effective when posted on any part of the Platform, and your continued use of the Platform after the posting of any changes to these Terms will mean that you accept and agree to the changes. Every time you wish to use the Platform, please check these Terms to ensure you understand the terms that apply to you at that time.
Cleva is a financial technology company that allows users in the United States like yourself to send money to many different countries around the world (“Transfer Services”). Cleva is not a bank. We facilitate all accounts and banking services through our partnerships with licensed financial institutions.
We reserve the right to make changes to how we operate our business, including to any portion of the Platform, including adding new Services, modifying existing Services, or suspending, discontinuing, or terminating your access to any or all portions of our Services, at any time, in our sole discretion, and without notice to you. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to users, including registered Cleva Account users.
We may present to you an offer from third-party financial institutions, including from a bank to open a transaction account or to use a bank’s or other third-party payout and payment service (together “Third-Party Products”). These Third-Party Products are made available either by one or more banks that are members of the Federal Deposit Insurance Corporation (each, a “Bank”) or another third-party licensed payout or payment service provider (a “Payout Provider”) in direct or indirect partnership with us (together, “Third-Party Partners”). We may operate software that allows you to access services of a Bank but we do not provide banking services. The Third-Party Products are each governed by the terms and conditions you directly and/or indirectly enter into with each Third-Party Partner (the “Additional Terms”). If there is a conflict between these Terms and any Additional Terms, such Additional Terms will take precedence with respect to the specific aspects of the Service to which they apply.
In order to access or use any of our Services, you will be required to log into our Platform and create an account (your “Cleva Account”). To be eligible to use our Services and create a Cleva Account, you must:
From time to time, we may offer access to certain financial products and services provided by one or more of our Third-Party Partners, which may require establishing accounts with a Third-Party Partner. Accessing and maintaining accounts for these financial products and services may be subject to additional eligibility requirements and to Additional Terms, which will be disclosed to you before you sign up. We do not guarantee that you will qualify or be able to use any particular financial products or services offered by a Third-Party Partner, even if your Cleva Account is in good standing.
You are responsible for maintaining the security of the login credentials for your Cleva Account. Your Cleva Account may include personal and sensitive information, including financial information, and you should treat your login credentials, such as your name, username or password as confidential. You may not allow others to use your Cleva Account; this includes furnishing your username and password to third-party developed applications to connect to your Cleva Account for any reason, unless authorized by us. You are responsible for all activity that occurs under your Cleva Account, including any activity by unauthorized users. If you become aware of unauthorized access to your Cleva Account, change your password and notify us immediately by emailing contact@getcleva.com. We will not be liable for any loss or damage arising from your failure to comply with this Section.
You certify that the information you provide to us at any point, including in connection with the registration process of your Cleva Account or with the use of the Platform, is true, accurate, current, and complete. You agree that you will maintain and update such information regularly. You are responsible for keeping your contact information up to date.
You also agree to provide any information or documentation reasonably requested by us to verify your identity and other information provided by you. You agree that we or our agents may contact third parties, including consumer reporting agencies, to verify such information and prevent fraud.
You understand and accept that we have the right to suspend and/or terminate your access to our Platform and the use of our Services, for any reason or if we find that any of the information provided to us, are false, inaccurate or incomplete. Additionally, if we detect or suspect any fraudulent activity, illegal actions, or misuse of our platform in connection with your account, we reserve the right to take immediate action, including but not limited to suspension or termination of your access to our services.
The Service provides you with the ability to access Third-Party Products and to directly and/or indirectly instruct a Third-Party Partner to conduct a transaction in which you (the “Sender”) send (a “Transfer”) a designated amount of funds from your Linked Account or other payment account through Bank and other third-party payout and payment service providers (each, a “Payout Provider”) to your account located at another institution, a designated individual or to an individual’s US or foreign bank account for deposit (the “Recipient”). Transfers may not be made to all countries and in all currencies. As part of Transfers, you may convert currencies, to the extent supported by the Service. Currencies supported for Transfer are listed in the Service.
For each Transfer that you make, in addition to a Transfer fee that will be disclosed to you prior to you authorizing the Transfer, we may charge you a fee when a Transfer is not paid out in U.S. Dollars. The foreign currency exchange rate will be disclosed to you prior to your authorizing a Transfer. The “Transfer Amount” is the amount of the Transfer, excluding the Transfer fee. The Transfer Amount and the Transfer fee (and transfer taxes, if any) will be deducted from your Linked Account. The Transfer Amount does not include any local taxes or fees charged by Recipient’s financial institution, and, as such, may be less than what is disclosed to you. All Transfer fees are made free and clear of, and without any deduction or withholding for and on account of, any local taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country are your sole responsibility. We may provide estimates of the local taxes and other fees that may be charged for a Transfer, but the exact amount of the local taxes and other fees are determined by the jurisdiction in which funds are received.
We or our Third-Party Partner reserves the right at any time, and from time to time, to modify or discontinue any Transfer (or any part thereof) with or without notice. Your Transfer may be delayed due to business hours, systems availability and currency availability. If we or our Third-Party Partner reasonably suspect or discover you are using the Services for impermissive purposes, we or our Third-Party Partner may, in our sole respective discretion, cancel your Transfer. You agree that neither we nor our Third-Party Partner are liable for any activity arising out of your Cleva Account, including any unauthorized Transfers. We or our Third-Party Partner may, without notice (except as required by law) and without liability to you, delay, cancel, refuse to honor any instruction for a Transfer, stop or reverse any Transfer, or otherwise suspend or terminate access to, or refuse to provide, any Services or Transfer at any time in its sole discretion.
All money movement is conducted by one of our Third-Party Partners. We operate software that allows you to access services of our Third-Party Partner. We act as an agent of our Third-Party Partner or its agent and will provide you Regulation E disclosures as appropriate under the remittance transfer rules as such.
To initiate a Transfer, you must enter the name of the Recipient, the desired Transfer Amount and such other information as may be required. For each Transfer you initiate, you authorize our Third-Party Partner (or any party authorized by our Third-Party Partner) to debit your Linked Account or another linked account for the Transfer Amount, plus any applicable fees, including the Transfer fee, and applicable taxes. By requesting a Transfer, you verify that this information is correct to the best of your knowledge, and authorize our Third-Party Partner to initiate this transfer on your behalf, including the extraction of funds from your Linked Account.
The funds for the Transfer must be available in the Linked Account from which the Transfer is made. There is no obligation for us or our Third-Party Partner to complete a Transfer unless sufficient funds are available in your Linked Account and neither we nor any Third-Party Partner will have any liability if a Transfer is not effected as a result of the unavailability of sufficient funds. You are responsible to us and our Third-Party Partner if your Transfer is completed in accordance with your request and, for any reason, any such party is unable to collect the funds from your Linked Account.
A currency exchange rate may be applied to Transfers that payout in currencies other than U.S. Dollars. U.S. Dollars will be converted to other currencies at an exchange rate set by us (the “Exchange Rate”). The Exchange Rate to be used for your Transfer will be reflected in the pre-payment disclosure (which shall be provided as appropriate under Regulation E) and the receipt. The Exchange Rate will be rounded to a consistent number of decimal places for each currency pursuant to applicable laws and regulations. Any difference in the Exchange Rate disclosed to you and the exchange rate received will be borne by us (and our Third-Party Partner in some cases), in addition to any other fees we may charge you.
If you wish to withdraw your consent to complete this transaction at any time prior to submission, pressing “x” or “Cancel” will effectively cancel your transaction. You may cancel a Transfer within 30 minutes of authorizing your Transfer, unless the funds have already been paid out to the Recipient. Your Linked Account will be credited for the amount debited (including any fees, and taxes if not prohibited by law) in connection with the cancellation of a Transfer. Generally, your Recipient is paid instantly through the Platform; accordingly, once you originate a transfer, you may be unable to stop or change it.
Please refer to subsection g below for how to cancel after authorizing your Transfer.
Following your initiation of and payment for the Transfer, we will provide you with a post-transaction communication (“Receipt”) which will serve as your record of the Transfer. Records of all Transfers that you initiate will be posted and updated in your Cleva Account in the Platform. You agree to regularly check for information related to your Transfers through the Platform, and you agree to contact us immediately if you have any questions or issues regarding any Transfer.
Either we and/or our Third-Party Partner may from time to time set limits on the value of transfers you may send (both individually and cumulatively), as well as the value of transfers any recipient may receive. Either we and/or our Third-Party Partner may delay payment of your Transfer to allow either we and/or our Third-Party Partner to determine that your remittance complies with applicable laws and these Terms. We have the right, without notice to you, to refuse to accept or pay any transfer request that you submit through us that we determine in our sole discretion may violate applicable law, regulation, or our policies, including laws, regulations, and policies intended to help detect and prevent money-laundering, terrorist financing, fraud, and other abuses of financial services; if we agree to process a Transfer request and then determine that it may violate any such law, regulation, or policy, we may hold the Transfer request until such time that the matter is resolved. For security reasons, we may impose additional deposit request and withdrawal request limits. These limits are designed to be flexible as to protect the security and integrity of the Service and other users. These limitations may be based on confidential fraud and risk criteria essential to our management of risk and the protection of you and the integrity of the Service or Platform and may be modified at our sole discretion without advance notice.
You acknowledge that any errors in the information, including without limitation misidentification of your Recipient, incorrect or inconsistent account names, numbers, or amounts, are your responsibility and that neither we nor our Third-Party Partner shall have any liability for executing a Transfer based upon the inaccurate or incomplete information you provided or entered. You agree that we may request your mobile carrier to help verify your identity, including without limitation your name, billing and email address, and location.
If we are unable to complete processing of the Transfer request to your Recipient because you provided incorrect information about the Recipient, such as an incorrect telephone number, an incorrect or misspelled name, the wrong bank or bank account, or any other misinformation, you will be liable for all costs, fees, expenses, and losses that we incur in returning the transfer to you, such as processing costs, losses arising due to exchange rate fluctuations, and third-party service charges.
You have a right to dispute errors in your transaction. If you think there is an error, contact us within 180 days at contact@getcleva.com. You can also contact us for a written explanation of your rights.
You can cancel for a full refund within 30 minutes of authorizing your Transfer, unless the funds have already been paid out to the Recipient. To cancel, please contact us at contact@getcleva.com with identifying information on the Transfer you wish to cancel (provided below). Refunds will be credited to your Linked Account and will be made in U.S. Dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. Dollar or foreign currency from the time your Transfer was submitted.
Except as expressly set forth in these Terms, we will not be liable in any way for any loss you suffer as a result of a Transfer being carried out in accordance with your instructions (or those of a third party acting on your behalf). If you become aware of unauthorized access to your Cleva Account, change your password and notify us immediately by emailing contact@getcleva.com.
We shall not be liable to you for any loss resulting from our inability to cancel or refund a Transfer request.
For questions or complaints about Cleva, contact:
Consumer Financial Protection Bureau, 855-411-2372, 855-729-2372 (TTY/TDD), www.consumerfinance.gov.
If you think there has been an error or problem with your Transfer:
email us at contact@getcleva.com; or Call us at (415) 729-5541.
You must contact us within 180 days of the date we promised to you that funds would be made available to the Recipient. When you do, please provide us with:
We will determine whether an error occurred within 90 days after you contact us and we will correct any error within one business day. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will email you a written explanation. You may ask for copies of any documents we used in our investigation.
For purposes of these disclosures, our business days are Monday through Friday 6 a.m. – 5 p.m. (EST), excluding federal and legal banking holidays in the State.
We will disclose our fees and charges for providing the Service to you before you initiate a payment. Our fees and charges, and those assessed by our Third-Party Partner (if any) may change from time to time, and may depend, among other factors, on the principal amount of your Transfer, your type of Linked Account, your location, and the location of your Recipient. In addition to the fees and charges, you will be able to view in the Service the Exchange Rate (that is, the rate at which your funds will be converted into the currency to be paid to your Recipient) applicable to your Transfer before you send it. The Exchange Rates change day to day, and in some instances, intraday. You agree to pay all charges incurred by users of your Linked Account in connection with a transaction with the Service at the rates in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such transactions.
Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Terms. We may terminate this license at any time for any reason or no reason.
Unless otherwise indicated, if you send or transmit any communications, comments, questions, suggestions, or related content to us, whether through the Platform, by mail, e-mail, telephone, survey, or otherwise, suggesting or recommending changes, enhancements or improvements to the Platform or the Services (“Feedback”), then you hereby grant us a non-exclusive unrestricted, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use your Feedback in any manner and for any purpose to provide, optimize, improve, promote, enhance or market our Services, and to create new products and services.
To make use of our Services, you may need to have and maintain a bank account through one of our Third-Party Partners or link an external eligible bank account, payment account or other payment method maintained at a third-party financial institution (each, a “Financial Service Account”) to your Cleva Account. You authorize us to access or collect certain financial data from each of your Financial Services Accounts, including, without limitation, account balances, transaction dates, the merchants involved, the transaction types and amounts, other information, data, passwords, or other content (collectively, “Account Data”) in accordance with our Privacy Policy and Financial Privacy Notice.
We use service providers to gather end user data from external financial institutions, e.g., to link your Financial Service Account. By using our Services, you grant us and these service providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by these service providers in accordance with their privacy policies.
By linking any Financial Service Account(s), you represent and warrant to Cleva and our service providers that you are the legal owner of the Financial Service Account(s), that you have the right to disclose your login credentials for such Financial Service Account(s) if needed, and that you have the right to grant the authorizations in this Section with regard to such Financial Service Account(s). You acknowledge that the services provided by these service providers are provided “as is” and for general informational purposes only. You acknowledge that Cleva and our service providers are not responsible and are not liable for any acts, errors, or omissions by the financial institutions at which you maintain your Financial Service Account(s), or for the accuracy, completeness, availability or timeliness of the information provided by such institutions, or for any investment or other decisions you make using the information provided.
Subject to the restrictions described in our Privacy Policy, your revocation right as described immediately below, and any applicable laws, including the GLBA, you authorize Cleva, its service providers and any of our non-affiliated third-party partners to use, display or distribute any of the Account Data for any of our Services, including to operate, provide, administer, develop, enhance, improve, measure, personalize and market the Services or any other products or services that may be available to you through the Platform. You also authorize Cleva and its Third-Party Partners to use Account Data, and Consumer Report Data, where “permissible purpose” exists under the FCRA, in order to determine your eligibility for any Services that may be provided by or through Cleva. Cleva and its service providers and Third-Party Partners may, on an aggregated and anonymized basis, use, modify, display, distribute and create new material using the Account Data and the Consumer Report Data in order to provide you with Services. We reserve the right to remove, delete, block, edit or modify any Account Data and Consumer Report Data in our possession at any time, subject to applicable regulatory retention requirements, without prior notice and in our sole discretion for any reason or no reason. Cleva and its service providers and third-party partners may also, on an aggregated and anonymized basis, use, license, reproduce, distribute, and disclose any information about you, your activities and behavior that is derived through your use of the Services or the Platform. You agree that, without any particular time limit, and without the payment of any fees, Cleva and its service providers and Third-Party Partners may use the Account Data and the Consumer Report Data for the purposes set out above.
YOU ACKNOWLEDGE AND AGREE THAT WHEN YOU DIRECT US TO RETRIEVE YOUR ACCOUNT INFORMATION FROM THIRD PARTIES, OR YOUR CONSUMER REPORT INFORMATION FROM CONSUMER REPORTING AGENCIES, YOU AUTHORIZE AND PERMIT US TO USE AND STORE THAT INFORMATION AND OTHER INFORMATION YOU SUBMIT THROUGH THE THIRD-PARTY SITES (SUCH AS USERNAMES AND PASSWORDS), FOR PURPOSES OF PROVIDING THE SERVICES TO YOU. YOU GRANT CLEVA A LIMITED POWER OF ATTORNEY TO ACCESS THOSE ACCOUNTS AND RETRIEVE YOUR ACCOUNT INFORMATION, WITHOUT ADDITIONAL NOTICE TO YOU. YOU UNDERSTAND THAT WHEN WE OR OUR SERVICE PROVIDERS OR PARTNERS ARE ACCESSING AND RETRIEVING INFORMATION FROM THIRD-PARTY SITES, WE AND OUR SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
By contacting us as directed under “To Limit Our Sharing” in our Financial Privacy Notice, you may revoke your authorization to Cleva’s collection and use of Account Data and Consumer Report Data as described above. You can also limit our use and sharing of Account Data in connection with any Financial Service Account(s) by simply removing your Financial Service Account(s) from the Platform. To the extent permitted by applicable law, your revocation of authorization for the collection and use of Account Data and Consumer Report Data as described above may impact your ability to access certain Services provided by or through Cleva and/or may result in the closure of your Cleva Account. Please note that, notwithstanding any revocation of authorization, there are applicable laws that require us to retain certain records for specified regulatory retention periods and/or to complete any transactions that you began prior to your request.
For more comprehensive information about our privacy practices, please refer to our Privacy Policy and Financial Privacy Notice.
Your onboarding and continued use of our Services or our Platform are subject to your compliance to applicable laws and regulations. You agree not to use our Platform or Services for any of the following:
In addition, we do not support the following businesses or transactions, and Transfers in support of the below may be declined. Please note that this is not an exhaustive list, and we reserve our right to deny Services to any users who exceed our risk tolerance:
If you opt into marketing calls and text messages, you agree to receive phone calls and text messages from us, and from our affiliates, agents, representatives, assigns, successors, and service providers (collectively, the “Messaging Parties”), for marketing purposes related to our Platform or Services. Consent is not a condition of any purchase. You understand that Cleva and the Messaging Parties may also contact you via calls and text messages for transactional reasons (e.g. account servicing communications). You understand that you may be contacted through use of automated telephone dialing systems, artificial or prerecorded voice message systems and text messaging systems. You can opt out of receiving calls and text messages at any time. To opt out of receiving calls and text messages, send us an email through contact@getcleva.com; or, to stop text messages, reply “STOP”. We will send you one final message to confirm that you have been unsubscribed and will process your request within a reasonable time after receipt, in accordance with applicable laws. If you want to join again, just sign up as you did the first time. If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly through our Contact Us Page or by emailing contact@getcleva.com. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply. To the extent permitted by applicable law, you may not revoke your consent to receiving servicing or any other transactional communications about your Services. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Cleva or its service provider for the duration of your business relationship, solely to help your carrier to identify you or your wireless device and to prevent fraud. For questions about your privacy, please review our Privacy Policy.
You can unsubscribe from promotional email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested, and that, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to these Terms or other terms).
Our Services may use automated features powered by artificial intelligence, like chatbots, digital assistants, conversational experiences, or similar technologies (“Chatbots”). While Chatbots are designed to provide helpful information and improve your experience, artificial intelligence and related technologies are evolving and may have limitations. Our Chatbots may generate outputs that are inaccurate, inapplicable or inappropriate for your situation, so you should not rely solely on their answers. You should always verify the accuracy of such information and ensure it is appropriate for your circumstances.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Cleva, each of our related and affiliated entities, our Third-Party Partners, and any of our or their respective officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from and against all claims, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of (1) your use of, or activities in connection with, the Platform or our Services, (2) your violation or alleged violation of these Terms, Additional Terms or any applicable laws and regulations, (3) your violation or alleged violation of any intellectual property or other right of a third party and (4) any dispute between you and a third party, including any Third-Party Partner. You may not settle any such claim or matter without the prior written consent of Cleva. We reserve the right, but not the obligation, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and, in such case, you agree to cooperate fully with our defense of such claim.
EXCEPT WHERE PROHIBITED BY LAW, NEITHER CLEVA, NOR ITS RELATED AND AFFILIATED ENTITIES, NOR EACH OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF CLEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS OR USE ANY OF THE SERVICES OVER THE 12 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. TO THE EXTENT THAT ONE OR ANY ASPECT OF THE LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE.
THE PLATFORM OR ANY OF OUR SERVICES MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. CLEVA AND EACH OF OUR RELATED AND AFFILIATED ENTITIES DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE PLATFORM AND TO ANY OF OUR SERVICES MADE AVAILABLE ON OR THROUGH THE PLATFORM, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
It is possible that applicable law may not allow for limitations on certain implied warranties, exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. Please note that information on the Platform may occasionally be inaccurate, incomplete or out of date. Additionally, third parties may make unauthorized alterations to the Platform. We make no representation as to the completeness or accuracy of any information on the Platform.
We may suspend or terminate your Cleva Account, and/or deny you access to use the Platform, or any of our Services, without prior notice, if you engage in any conduct that we believe, in our sole discretion: (1) violates any part of these Terms, (2) violates our rights or those of third parties, (3) fails to comply with any laws or regulations, or (4) is inappropriate. These Terms will continue to apply even if you are suspended or terminated.
You have the right to terminate these Terms by reaching out to us at contact@getcleva.com to deactivate your Cleva Account. You can also deactivate your Cleva Account via our mobile application. Please note that there may be prerequisites to your ability to terminate depending on which Services you have accessed or used. See also the applicable Additional Terms for more information.
This Agreement shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute that is not subject to arbitration, or any issues involving arbitrability or enforcement of any provisions under the arbitration agreement, shall be brought in the appropriate state or federal court located in New Castle County, Delaware. You and Cleva each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New Castle County, Delaware, for the adjudication of all non-arbitrable claims.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CLEVA.
This Section 13 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Cleva that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Services; or (iv) any other aspect of your relationship or transactions with Cleva, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.
If you are a new Cleva user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting these Terms by emailing Cleva at legal@getcleva.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at legal@getcleva.com and attempt to resolve the dispute with us informally. In the unlikely event that Cleva has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or New Castle County, unless you and Cleva agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Cleva agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, any provision of these Terms, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing Cleva from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
YOU AND CLEVA AGREE THAT BOTH PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AND CLEVA ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND CLEVA, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, USE OF OR ACCESS TO THE PLATFORM (OR ANY PART THEREOF) OR ANY OF THE SERVICES.
You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under these Terms to any other person without our prior written consent.
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
Each party acknowledges that (i) these Terms contain the whole agreement between the parties relating to the subject matter hereof and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter; (ii) in entering into these Terms, it does not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to these Terms or not) (“Representation”) other than as expressly set out in this Agreement; and (iii) the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture. Each party confirms it is acting on its own behalf and not for the benefit of any other person. In particular, you agree not to use the Platform or any of the Services on behalf of, or as an agent of, any other person.