Terms of service

Effective Date: [4/5/26]
Last Updated: [4/27/26]

1. Overview

• Welcome to Clanker. In these Terms of Service, the terms “Clanker,” “we,” “us,” and “our” refer to Clanker LLC, doing business as Clanker.

 

• These Terms of Service (“Terms”) govern your access to and use of our website, store, content, demos, communications, products, subscriptions, software-enabled features, AI-powered services, and related business services (collectively, the “Services”).

 

• Clanker provides customizable AI-enabled business tools and services, including but not limited to website assistants, voice assistants, lead capture workflows, communication routing, automation support, business information retrieval, operational assistance, demo experiences, and related implementation or support services.

 

• By accessing or using the Services, purchasing from us, booking a demo, requesting implementation, or otherwise interacting with the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

 

• If there is a conflict between these Terms and our Privacy Policy with respect to the collection, processing, or disclosure of personal information, the Privacy Policy controls.

 

2. Eligibility and Authority

• You represent and warrant that:

1. you are at least the age of majority in your jurisdiction;
2. you have the legal capacity to enter into these Terms; and
3. if you are acting on behalf of a business or other entity, you have authority to bind that entity to these Terms.

• If you are using the Services on behalf of a company, organization, or client, “you” includes both you and that entity.

 

3. Scope of Services

• Clanker offers web-based, digital, and service-based solutions. Our Services are not tangible consumer goods. The specific scope, features, deliverables, pricing, support level, implementation details, access rights, and ongoing obligations may vary depending on:

 

• the service purchased,
• the subscription selected,
• the written proposal, statement of work, onboarding documents, or order confirmation,
• and any separate written agreement between you and Clanker.

 

• We may modify, improve, suspend, or discontinue any part of the Services at any time, with or without notice, subject to applicable law and any separate written agreement.

 

4. Demos, Proposals, and Pre-Sale Materials

• Any demo, prototype, walkthrough, example assistant, sample voice flow, test workflow, pitch materials, or pre-sale configuration we provide is for demonstration and evaluation purposes unless we expressly agree otherwise in writing.

 

• Demos and proposals do not guarantee:
• a specific business result,
• identical live performance after deployment,
• a specific revenue increase,
• uninterrupted uptime,
• or availability of any third-party integration, feature, or platform.

 

• We may reuse general concepts, learnings, methods, and non-confidential know-how developed during demos and pre-sale discussions, provided we do not disclose your confidential information.

 

5. Orders, Payments, Subscriptions, and Billing

• By placing an order, subscribing, or purchasing a service, you are making an offer to purchase. We may accept or reject any order at our discretion.

 

• You agree to provide accurate, complete, and current billing, payment, contact, and account information, and to update it as needed.

 

• Unless otherwise stated in writing:
• prices are listed in U.S. dollars;
• taxes, fees, and third-party charges may apply;
• recurring services may auto-renew or recur according to the billing cadence disclosed at checkout or in your order;
• setup fees, implementation fees, custom build fees, strategy fees, onboarding fees, and similar project fees are non-refundable once work has begun;
• subscription fees, platform fees, maintenance fees, support retainers, and usage-based charges are non-refundable once billed, except as required by law or expressly stated in a written refund policy.

 

• If you fail to pay amounts due, we may suspend or terminate access to some or all Services.

 

6. Custom Services; Separate Client Agreements

• Certain Clanker services are custom business services rather than standard website purchases. For those services, we may require a separate proposal, statement of work, onboarding acceptance, service order, master services agreement, data processing addendum, or other written terms.

 

• If a separate signed or accepted written agreement applies to a specific client engagement, that agreement controls to the extent of any conflict with these Terms for that engagement.

 

7. Client Responsibilities

• You are responsible for:
• providing accurate and lawful instructions;
• reviewing and approving configurations, prompts, workflows, business rules, and outbound messaging before deployment where applicable;
• ensuring you have all rights, permissions, and legal bases necessary for any data, content, systems, phone numbers, domains, websites, software accounts, or business materials you provide or authorize us to access;
• maintaining the security of your own systems, credentials, and accounts not controlled by Clanker;
• reviewing AI-generated outputs before relying on them in high-stakes or sensitive contexts;
• complying with applicable advertising, privacy, consumer protection, telemarketing, employment, and industry-specific laws related to your own business use of the Services.

 

• You are solely responsible for the decisions you make based on AI outputs, automations, suggestions, lead handling, follow-up logic, or business workflow results generated through your use of the Services.

 

8. Client Data; Permissions; Authority to Process

• You grant Clanker a limited, non-exclusive right to access, use, host, transmit, store, configure, modify, and process data, materials, instructions, and content that you or your authorized users provide to us or authorize us to access (“Client Data”), solely as reasonably necessary to:

 

• provide, configure, support, secure, maintain, improve, and troubleshoot the Services;
• perform implementation, onboarding, integrations, or support work;
• fulfill our contractual and legal obligations;
• and protect the Services and our business from misuse, fraud, or security threats.

 

• You represent and warrant that:

1. you own or control all necessary rights in the Client Data;
2. you have all required notices, consents, permissions, and legal authority to allow Clanker and its subprocessors to process Client Data on your behalf;
3. your Client Data and your use of the Services do not violate any law, contract, privacy right, confidentiality duty, or intellectual property right.

 

9. Data Processing Role

• Unless otherwise expressly agreed in writing, Clanker generally acts as:

 

• an independent business with respect to personal information collected directly through our own website, store, marketing, support, and business operations; and
• a service provider / processor / third-party agent-like provider with respect to personal or business information that we process on behalf of a client in connection with implementation, support, hosting, configuration, workflow operation, or related service delivery.

 

• You acknowledge that some features of the Services may involve processing by third-party providers, platforms, infrastructure vendors, communication providers, AI model providers, payment processors, hosting providers, analytics vendors, automation tools, or other subprocessors.

 

10. Confidentiality

• We will use commercially reasonable efforts to protect your non-public confidential business information that you clearly provide to us for the purpose of receiving Services (“Confidential Information”).

 

• You agree that we may disclose Confidential Information only:
• to employees, contractors, advisors, and subprocessors who need it to provide the Services and who are bound by confidentiality obligations;
• as required by law, legal process, or governmental request;
• or with your consent.

 

• Confidential Information does not include information that:

 

• is or becomes public through no breach by Clanker;
• was already lawfully known to us without confidentiality obligations;
• is independently developed without use of your Confidential Information;
• or is lawfully received from a third party without restriction.

 

11. Sensitive Data Restrictions

• Unless we expressly agree in writing otherwise, you may not provide to Clanker, and you may not use the Services to collect, store, process, or transmit, any of the following:

 

• Social Security numbers or national identification numbers;
• payment card data subject to PCI-DSS storage restrictions;
• full bank account credentials;
• protected health information subject to HIPAA;
• highly sensitive medical records;
• biometric identifiers used for identity verification;
• precise geolocation histories;
• children’s personal data;
• government-issued ID numbers;
• privileged legal communications;
• or any other highly sensitive regulated data.

 

• If you want Clanker to handle regulated or high-risk data, that must be separately reviewed and expressly approved by us in writing, and we may require additional contract terms, technical controls, or refuse the engagement.

 

12. Security; No Guarantee of Perfect Security

• We implement reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Services we provide and the information we process. However, no system, transmission, storage method, or platform can be guaranteed to be completely secure, uninterrupted, or immune from breach, misuse, or attack.

 

• You understand and agree that:

 

• use of internet-based services carries inherent risk;
• third-party platforms may introduce additional risk;
• and Clanker does not guarantee perfect security, uninterrupted availability, or error-free operation.

 

13. Security Incidents and Breach Cooperation

• If Clanker becomes aware of a confirmed security incident affecting Client Data in our possession or control, we will use commercially reasonable efforts to notify the affected client without unreasonable delay, subject to law enforcement restrictions, legal obligations, and the need to verify the scope and nature of the incident.

 

• We may provide reasonable information available to us to help the client meet applicable notice obligations, but unless required by law or separately agreed in writing, Clanker is not responsible for notices that are legally required to be made by the client to its own customers, leads, end users, regulators, or partners.

 

• If the incident arises from your systems, your users, your instructions, your integrations, or a third-party platform selected or controlled by you, you remain responsible for your own legal obligations.

 

14. Third-Party Platforms and Integrations

• The Services may rely on or interact with third-party tools, websites, APIs, hosting environments, payment processors, voice providers, communication tools, CRMs, workflow platforms, e-commerce platforms, AI providers, or other third-party services.

 

• We do not control and are not responsible for:

 

• the availability, security, legality, or performance of third-party services;
• changes made by those providers;
• outages, API restrictions, account suspensions, policy changes, or pricing changes by third parties;
• or losses arising from your use of third-party tools not under our direct control.

 

• Your use of third-party services may be subject to separate terms and privacy policies.

 

15. Relationship with Shopify

• Our website and store may be powered by Shopify, which enables us to provide portions of the Services to you. However, any purchase or service relationship you enter into through our store is with Clanker, not Shopify.

 

• To the extent permitted by law, you agree that Shopify is not responsible for any aspect of any sale, service, subscription, implementation, or dispute between you and Clanker.

 

16. AI Features; Output Limitations; No Professional Advice

• Some Services may use artificial intelligence, automation, large language models, voice systems, predictive tools, or software logic that generates outputs, suggestions, summaries, classifications, routing actions, messages, or other results.

 

• You understand and agree that:

 

• AI outputs may be incomplete, inaccurate, outdated, biased, hallucinated, or inappropriate for a given context;
• outputs may require human review;
• similar prompts may produce different results;
• and business performance depends on many variables outside our control.

 

• Clanker does not provide legal, financial, tax, medical, mental health, accounting, employment, compliance, or other licensed professional advice unless expressly stated in a separate written agreement.

 

• You remain responsible for reviewing, approving, and lawfully using outputs before relying on them in real-world decisions, communications, or customer interactions.

 

17. No Factually Guaranteed Results

• Clanker does not guarantee:

 

• a specific number of leads, calls, conversions, appointments, customers, or sales;
• any minimum business growth or revenue increase;
• legal compliance for your business as a whole;
• uninterrupted uptime or platform availability;
• or that the Services will meet every expectation, use case, or intended purpose.

 

• Any examples, demonstrations, illustrations, metrics, projections, case-style statements, or descriptive marketing materials are for informational and illustrative purposes unless expressly stated as a contractual guarantee in writing.

 

18. Acceptable Use

• You may not use the Services:

 

• for any unlawful, fraudulent, deceptive, abusive, harassing, defamatory, infringing, or malicious purpose;
• to impersonate others without authorization;
• to violate privacy, publicity, confidentiality, or intellectual property rights;
• to send unlawful spam, phishing, robocalls, deceptive messages, or prohibited telemarketing communications;
• to generate fake reviews, deceptive endorsements, or false representations;
• to process data you are not legally permitted to process;
• to interfere with or disrupt the Services or related systems;
• to test, probe, scrape, reverse engineer, or circumvent security measures except as permitted by applicable law;
• or to use the Services in a way that could reasonably expose Clanker, its providers, or others to legal, regulatory, reputational, or security risk.

 

• We may suspend or terminate access if we reasonably believe you have violated this section.

 

19. Intellectual Property

• All website content, branding, service descriptions, copy, graphics, logos, layouts, videos, software components, workflows, prompts, non-client templates, methods, documentation, and other materials made available by Clanker are owned by Clanker or its licensors and are protected by applicable intellectual property laws.

 

• Except as expressly granted, no license is granted to you.

 

• Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, revocable, non-transferable, non-exclusive license to access and use the Services for your internal business use only.

 

• You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, republish, sell, sublicense, or exploit Clanker materials except as expressly permitted in writing.

 

20. Client Materials and Limited License Back

• As between you and Clanker, you retain ownership of your pre-existing trademarks, logos, business content, customer lists, internal materials, and Client Data.

 

• You grant Clanker a limited license to use those materials solely as necessary to provide the Services.

 

• Unless otherwise agreed in writing, Clanker retains ownership of:

 

• its pre-existing materials,
• general methods and know-how,
• reusable templates,
• platform architecture,
• internal prompts and process logic,
• and improvements that do not contain your Confidential Information.

 

21. Feedback

• If you send us suggestions, ideas, requests, recommendations, or feedback, you grant Clanker a worldwide, perpetual, irrevocable, royalty-free license to use, modify, publish, incorporate, and exploit that feedback without restriction or compensation, provided we do not publicly disclose your Confidential Information in doing so.

 

22. Suspension and Termination

• We may suspend, disable, or terminate your access to all or part of the Services if:

 

• you breach these Terms;
• you fail to pay amounts due;
• your use creates security, legal, or reputational risk;
• a third-party provider suspends required services;
• or we reasonably determine continued service is not viable.

 

• You may stop using the Services at any time. Termination does not relieve you of payment obligations already incurred.

 

• Upon termination, we may:

 

• revoke access,
• disable integrations,
• remove hosted materials,
• and delete or return Client Data in accordance with our retention practices, written agreement, or applicable law.

 

23. Data Return and Deletion

• Unless otherwise required by law, operational necessity, backup systems, dispute preservation needs, fraud prevention, or a separate written agreement, we may delete Client Data after termination or completion of Services within a commercially reasonable time.

 

• Where reasonably practicable and requested by the client before deletion, we may provide an export or return of certain Client Data in a format we choose, subject to technical feasibility, security considerations, and payment of outstanding amounts due.

 

24. Disclaimers

• THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLANKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, OR THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

 

• WITHOUT LIMITING THE FOREGOING, CLANKER DOES NOT WARRANT THAT:

 

• THE SERVICES WILL PRODUCE ANY PARTICULAR BUSINESS RESULT;
• AI OUTPUTS WILL BE ACCURATE, COMPLIANT, OR FIT FOR YOUR USE;
• THIRD-PARTY TOOLS WILL REMAIN AVAILABLE;
• OR THE SERVICES WILL BE FREE OF VULNERABILITIES, FAILURES, OR DELAYS.

 

25. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLANKER AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUBPROCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, BUSINESS OPPORTUNITY, OR EXPECTED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLANKER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

1. THE AMOUNTS YOU PAID TO CLANKER FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE; OR
2. ONE HUNDRED U.S. DOLLARS (US $100).
   

 

• THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

26. Indemnification

• You agree to defend, indemnify, and hold harmless Clanker and its owners, officers, employees, contractors, affiliates, licensors, service providers, and subprocessors from and against any claims, demands, actions, proceedings, damages, liabilities, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

 

• your use of the Services;
• your Client Data;
• your breach of these Terms;
• your violation of law;
• your violation of any third-party rights;
• your business practices, messaging, telemarketing, advertising, or customer communications;
• or your instructions to Clanker.

 

27. Electronic Communications and Signatures

• You agree that we may communicate with you electronically, including by email, website notice, checkout flow, click acceptance, electronic records, and other digital means.

 

• To the extent permitted by law, electronic agreements, notices, approvals, signatures, records, and communications satisfy any legal requirement that such communications be in writing.

 

28. Governing Law and Venue

• These Terms are governed by the laws of the State of Florida, without regard to conflict of laws rules.

 

• Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to personal jurisdiction and venue in those courts.

 

29. Changes to Terms

• We may update these Terms from time to time by posting a revised version on our website. Changes will become effective as stated in the updated Terms or, if no date is stated, when posted.

 

• Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the revised Terms.

 

30. Severability; Waiver; Assignment

• If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

 

• Our failure to enforce any provision is not a waiver.

 

• You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, sale, restructuring, or transfer of assets or operations.

 

31. Contact Information

• Questions about these Terms should be sent to:

Clanker
Email: chat@clankerco.ai
Business Name: Clanker LLC