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Clerk

clerk.com

6 flagged clauses across 3 risk dimensions

B
⏱️
0min

to read this ToS

Clerk's fine print is longer than you think.

🛗Longer than the opening of Severance.

Caffeine required:
☕

The 5 things you actually need to know

  • 1

    They can change these terms whenever they want, and you just have to deal with it.

  • 2

    You agree to cover their legal fees if you mess up or get sued for using the app.

  • 3

    This app is provided as-is, with no promises it'll work or be error-free.

  • 4

    They can stop offering the service or change it without telling you.

  • 5

    They won't be liable for any damages, even if they screw up badly.

Generated by AI from the actual contract — but for the lawyer-level breakdown, scroll down 👇

🤖

AI training

clear

No flags in this category.

🔄

Auto-renewal

clear

No flags in this category.

💸

Price hikes

clear

No flags in this category.

🌍

Data residency

clear

No flags in this category.

🚪

Termination friction

clear

No flags in this category.

⚖️

Liability caps

2 flags
  • Severity 4
    "IN NO EVENT WILL CLERK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE."

    Clerk and its partners are not liable for any damages, including lost profits or data, even if they are foreseeable, arising from your use or inability to use their website or services.

    If Clerk's service fails and causes you significant financial loss, you cannot recover those damages from them.

    ⚖️Matches Yahoo! Customer Data Security Breach Settlement — settled for $118M (2019)
  • Severity 3
    "THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT."

    Clerk provides its website and services without any warranties, meaning they are offered as-is and without guarantees of merchantability or fitness for a particular purpose.

    You have no guarantee that Clerk's services will work as expected or be suitable for your specific business needs.

🛡

Indemnification

1 flag
  • Severity 3
    "You agree to indemnify, defend, and hold Clerk (and its affiliated companies, contractors, employees, directors, officers, licensors, and agents) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Website; (ii) any violation of applicable law or the rights of any other person or entity by you; or (iii) any breach or violation by you of these Terms of Use."

    You must defend Clerk and its affiliates against any third-party claims arising from your use of their website or any violation of their terms.

    You could be responsible for paying legal fees and damages for claims against Clerk that stem from your actions.

    ⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022)
👻

Silent term changes

3 flags
  • Severity 4
    "We reserve the right to terminate, alter, or amend the Website, any service or material we provide on the Website, in our sole discretion without notice."

    Clerk can change or remove any part of their website or services at any time without telling you.

    They can shut down features you rely on without any notice, potentially disrupting your workflow.

    ⚖️Matches X Corp. Verified User Class Action (2024)
  • Severity 4
    "We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes."

    Clerk can change these terms whenever they want, and using their site after the changes means you agree to them.

    You could agree to one set of rules today and a completely different set next week without any warning.

    ⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)
  • Severity 4
    "We also reserve the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice."

    Clerk can add, remove, or change any information on their website at any time without prior notice.

    Information you rely on could be altered or removed without you knowing, leading to confusion or errors.

    ⚖️Matches X Corp. Verified User Class Action (2024)