Effective Date: August 2025

Welcome to Clerkly ("we," "us," or "our"). These Terms & Conditions (“Terms”) govern your use of our website, products, and services. By accessing our site, making a purchase, or using our services, you agree to these Terms in full. If you do not agree, you must discontinue use immediately.

1. Eligibility

1.1 Age Requirement
You must be at least 18 years old and have the legal capacity to enter into binding agreements.

1.2 Location
Our services are primarily offered to users in the United States. Access from other jurisdictions is at your own risk, and you are responsible for compliance with local laws.

2. Definitions

For the purposes of these Terms:

"Services": All subscription packages, one-time services, consultations, and related offerings provided by Clerkly.All digital products, SaaS offerings, subscription packages, one-time services, consultations, and related offerings provided by Clerkly.

"Client": Any individual or business purchasing or using our services.

"Platform": Our website and any third-party tools used to deliver services or products.

3. Website Use

3.1 Intellectual Property
All text, images, branding, design elements, and other content are the intellectual property of Clerkly unless otherwise stated. No part may be copied, reproduced, or modified without written consent.

3.2 Third-Party Links
Our site may include links to third-party websites. We are not responsible for the content, policies, or actions of these sites.

3.3 Availability & Modifications
We aim to keep our website functional and updated, but we may suspend or modify access without notice for maintenance, upgrades, or operational needs.

4. Services Overview

4.1 Scope of Services
Clerkly provides digital products, SaaS offerings, and executive support services, which may include but are not limited to:

Strategy sessions and consultations

Workflow and automation setup

Marketing support services (such as content scheduling, basic ad campaign setup, and lead follow-up sequences)

SaaS products such as communication tools, including Never Miss A Customer

Digital downloads including ebooks, templates, prompts, and checklists

Full details, limits, and timelines for each service are outlined at the time of purchase.

4.2 Marketing Service Scope

Marketing services are limited to the activities listed in your specific plan or package.

Ad spend is billed separately and paid directly by the client.

Campaign results depend on factors outside our control and are not guaranteed.

Client is responsible for timely feedback, approval, and provision of marketing assets where required.

4.3 Service Modifications
We reserve the right to update, change, or discontinue services at any time without notice.

4.4 Turnaround Times

We make every effort to meet deadlines but cannot guarantee completion times for complex or dependent projects.

4.5 Holidays & Closures
Clerkly observes all official U.S. federal holidays as published by the U.S. Office of Personnel Management (OPM) (link) + October 31.

Requests submitted on or immediately before these dates may experience additional turnaround time.

No refunds will be issued for delays related to observed holidays.

Any extended closures (e.g., company-wide retreats or emergencies) will be communicated in advance whenever possible.

4.6 Digital Products
Clerkly offers digital downloads including ebooks, templates, prompts, and checklists. Unless otherwise noted, these are for personal use only and may not be shared, resold, or redistributed.

5. Subscriptions & One-Time Services

5.1 Billing & Renewals

Subscription plans renew automatically every 30 days unless canceled before the next billing date.

Recurring charges continue until canceled through the provided method or in your account portal.

Pricing may change with at least 30 days’ notice to active subscribers.

5.2 One-Time Services

Billed at the time of booking and non-refundable once work has begun.

Priority or rush services may incur additional fees.

5.3 Strategy Sessions

Must be scheduled and held within 60 days of purchase.

Expired or missed sessions are non-refundable.

5.4 Project Scope
Some projects may take longer than expected or require multiple stages. If additional time or resources are needed, we will notify you in advance and provide updated pricing or timelines for approval.

5.4 Free Trial Policy
We may offer a 7-day free trial for certain subscription services. Trials are limited to one per client or business. At the end of the trial, your subscription will automatically convert to a paid plan unless canceled before the trial period ends. You can cancel anytime during the trial without charge. Any services, deliverables, or digital products accessed during the free trial are for evaluation only and may not be resold, redistributed, or retained if you do not continue with a paid subscription.

6. Payments & Taxes

6.1 Accepted Payment Methods
Major credit cards and other displayed methods at checkout.
6.2 Taxes
Sales tax is collected where Clerkly is legally obligated to do so, including Texas. If we are not required to collect sales tax in your jurisdiction, you may be responsible for self-assessing and remitting any applicable use tax to your local taxing authority.

6.3 Payment Failures
If a payment fails, we will attempt to reprocess for up to three (3) days. Services may be paused or canceled if payment is unresolved.

6.4 Advertising Spend
For marketing services involving paid ads, all ad spend is the client’s responsibility and billed directly by the platform. Clerkly will not front or cover advertising costs.

7. Refund Policy

No refunds for partially used subscription periods.

One-time service refunds only if work has not begun.

Strategy sessions and booked calls are non-refundable if canceled or missed without at least 24 hours’ notice.

For all other products and services refunds will only be issued if the request is submitted within the stated timeframe and may require confirmation of purchase. Once refunded, access to the product will be revoked and you agree not to retain, resell, or redistribute the product.

7.1 Digital Products
Digital products, including ebooks, templates, checklists, and prompts, come with a 7-day return window. If you are not satisfied with your purchase, you may request a refund within 7 days of purchase. Refund requests made after 7 days will not be honored.

Refunds will only be issued if the request is submitted within the stated timeframe and may require confirmation of purchase. Once refunded, access to the product will be revoked and you agree not to retain, resell, or redistribute the product.

8. Our Marketing & Communications

8.1 Transactional vs. Marketing Messages

Transactional messages (e.g., order confirmations, account updates) are sent automatically.

Marketing messages (e.g., newsletters, promotions) are sent only if opted in.

8.2 Consent & Opt-Out

Opting into marketing means you consent to email, SMS, or other channels you’ve authorized.

You can opt out at any time.

8.3 Standard Messaging Rates
Your carrier’s rates may apply for SMS communications.

9. Client Conduct

9.1 Professional Interaction
Respectful communication is required. Abuse or harassment may result in service termination without refund.

9.2 Scope of Work
Work will be completed as described in your service agreement. Requests outside scope may require new quotes.

10. Confidentiality & Non-Disclosure

10.1 Mutual Confidentiality
We treat all client information as confidential unless disclosure is required to deliver services, comply with law, or with your consent.

10.2 Client Responsibilities
You agree not to share our proprietary materials or processes without permission.

11. Data Security

11.1 Storage & Access
We use reasonable measures like encryption and access controls to protect data.

11.2 Third-Party Platforms
You are responsible for granting/removing access to platforms you ask us to use.

12. Custom Projects & Deliverables

12.1 Ownership
Final deliverables are yours once paid in full unless otherwise agreed.

12.2 Use of Work in Portfolios
We may reference non-confidential work in our portfolio unless you request otherwise before completion.

12.3 Timelines
Timelines are estimates. Delays caused by client-side issues may adjust delivery dates.

13. Service Limitations

13.1 Not a Law Firm or Tax Advisor
We do not provide licensed legal, financial, or tax advice.

13.2 Client Tech Readiness
Some services require access to specific tools or accounts.

13.3 Third-Party Integration
We are not responsible for outages, feature changes, or data loss from third-party tools.

13.4 Resell Rights Products
From time to time, Clerkly may offer digital products with resell rights. If you purchase such a product, you may resell it under the terms outlined in the accompanying license agreement. You may not alter the product, claim authorship, or imply an agency relationship with Clerkly.

13.5 SaaS Availability
SaaS products, including Never Miss A Customer and related services, rely on third-party providers. We make reasonable efforts to maintain uptime, but availability is not guaranteed and Clerkly is not responsible for interruptions caused by external systems or carriers.

14. Limitation of Liability

14.1 Service Availability
We aim for smooth service but do not guarantee uninterrupted access.

14.2 Maximum Liability
Our liability will not exceed the amount you paid in the last 30 days.

14.3 No Indirect Damages
We are not responsible for lost profits, data loss, or indirect damages.

15. Dispute Resolution

15.1 Good Faith Resolution
Both parties will attempt resolution in good faith before legal action.

15.2 Governing Law
These terms are governed by Texas law.

15.3 Jurisdiction
Disputes will be resolved in Hill County, Texas, unless both parties agree otherwise.

16. Final Provisions

16.1 Severability
If any provision of these Terms is found to be unenforceable, all remaining provisions will continue in full force and effect.

16.2 Entire Agreement
These Terms, together with any signed service agreements or documented communications between you and Clerkly, constitute the entire agreement between the parties.

16.3 Updates to Terms
We may update these Terms from time to time. The most current version will always be posted on our website with a revised effective date.