TERMS AND CONDITIONS

Effective Date: January 29, 2025

Acceptance of Terms

Welcome to codeclear.io (the "Service"), operated by CODECLEAR LLC ("we," "us," "the Company" or "our"). By accessing or using the Service, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use or access the Service.

Eligibility

The Service is provided on a business-to-business basis for use by entities and their authorized representatives. By using the Service, you represent and warrant that you have the authority to bind the business entity you represent to these Terms. You also represent that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.

Scope of the Service

The Service allows customers to conduct coding interviews with candidates, managing and reviewing interview interactions in a technical context. We may update, modify, or discontinue any feature of the Service at our sole discretion and without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Accounts and Registration

To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information during registration, and to keep such information updated. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Subscription Plans and Renewal

We offer subscription plans (currently on a monthly billing cycle) that provide access to various features of the Service. Subscription fees are due in full at the start of each billing cycle and may be paid via various methods (e.g., credit card, electronic payment systems, invoicing, etc.). Unless otherwise stated, subscriptions will automatically renew at the end of each billing cycle. You may cancel your subscription at any time, but no refunds will be issued for the remaining portion of your billing cycle unless otherwise required by applicable law. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

We may, at our sole discretion, offer a free trial for a specified period (e.g., 14 days). We reserve the right to change the duration of the free trial or any trial offer at any time without prior notice. A valid payment method may be required at sign-up for the free trial; however, you will not be charged until the trial period ends. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription and you will be charged in accordance with the billing cycle selected at sign-up. You may not have more than one trial account at a time, and you may not serially sign up for trial accounts to avoid paying for the Service.

Payments and Billing

Payment Methods: You agree to provide a valid payment method and authorize us to charge any applicable fees to that payment method when they become due. The specific types of payment methods accepted may vary and can be updated by us at our discretion.

Late Payments: If any payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts. We reserve the right to suspend or terminate your subscription if your payment method is declined and you do not promptly provide an alternative valid payment method.

User Data and Telemetry

We collect limited personally identifiable information and usage data for telemetry and analytics purposes. Any data collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

User-Generated Content and Intellectual Property

As part of the coding interview process, you and your authorized users may create, edit, or otherwise contribute text, coding solutions, questions, and other materials ("User-Generated Content") on the Service. By creating or uploading any User-Generated Content, you acknowledge and agree that:

  • You automatically assign to CODECLEAR LLC all worldwide rights, title, and interest in and to any User-Generated Content authored through use of the Service, to the fullest extent permitted by applicable law.
  • You represent and warrant that the User-Generated Content you contribute does not infringe upon the intellectual property rights of any third party.
  • We may remove or modify User-Generated Content, at our sole discretion, for any reason, including if it violates these Terms or applicable law.

All trademarks, logos, trade dress, text, graphics, images, and software used on the Service, other than User-Generated Content, are the property of CODECLEAR LLC or its licensors, and you agree not to use such materials without our prior written consent.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Prohibited Conduct

You agree that you will not:

  • Use the Service for unlawful or prohibited activities, or violate any applicable local, state, national, or international laws, or the rights of any other person or entity.
  • Infringe or misappropriate the intellectual property rights of others (e.g., by posting or uploading content you do not own or have the right to use).
  • Harass, threaten, intimidate, abuse, or defame any individual or group, or engage in hate speech or any discriminatory language or conduct.
  • Resell, rent, lease, or distribute the Service without our explicit permission.
  • Introduce viruses, trojans, worms, logic bombs, or any other malicious code intended to damage or interfere with the Service.
  • Attempt to gain unauthorized access to the Service, user accounts, or networks connected to the Service through hacking, password mining, or any other means.
  • Use any automated system (including bots, scrapers, and spiders) to access or extract data from the Service without our prior written consent.
  • Impersonate any person or entity, misrepresent your affiliation with a person or entity, or otherwise submit false or misleading information to the Service.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying components of the Service, except to the extent such restriction is prohibited by applicable law.
  • Use the Service to build a competing product or service or for benchmarking or competitive analysis without our prior written consent.
  • Interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or act in a manner that may damage, disable, overburden, or impair the functionality of the Service or harm CODECLEAR LLC or users of the Service.

Termination

Either party may terminate these Terms and your access to the Service immediately, for any reason or no reason, by providing notice to the other party. Upon termination, your right to use the Service will immediately cease. Any sections of these Terms that, by their nature, should survive termination shall continue to be in effect, including but not limited to sections regarding intellectual property, disclaimers, indemnification, and limitation of liability.

Dispute Resolution

You agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by contacting us directly at [email protected]. In the event that the dispute cannot be resolved informally, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association in King County, Washington. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CODECLEAR LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODECLEAR LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT WILL THE TOTAL LIABILITY OF CODECLEAR LLC FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO US FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE JURISDICTIONS, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless CODECLEAR LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we do, we will revise the "Effective Date" at the top of these Terms. Your continued use of the Service after any such changes constitute your acceptance of the new Terms. If you do not agree to any modified Terms, you must discontinue your use of the Service.

Contact Us

If you have any questions about these Terms, please contact us by email at [email protected]