These Terms of Use apply to your use of all Clone Corp’s services for individuals, along with any
associated software applications and websites (all together, “Services”). These Terms form an
agreement between you and Clone Corp, and they include our Service Terms and important
provisions for resolving disputes through arbitration. By using our Services, you agree to these
Terms.
Our Privacy Policy explains how we collect and use personal information. Although it does not
form part of these Terms, it is an important document that you should read.
Registration and access
Minimum age. You must be at least 13 years old or the minimum age required in your country
to consent to use the Services. If you are under 18 you must have your parent or legal
guardian’s permission to use the Services.
Registration. You must provide accurate and complete information to register for an account to
use our Services. You may not share your account credentials or make your account available
to anyone else and are responsible for all activities that occur under your account. If you create
an account or use the Services on behalf of another person or entity, you must have the
authority to accept these Terms on their behalf.
Using our Services
What you can do. Subject to your compliance with these Terms, you may access and use our
Services. In using our Services, you must comply with all applicable laws as well as our Sharing
& Publication Policy , Usage Policies , and any other documentation, guidelines, or policies we
make available to you.
What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity.
For example, you may not:
Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
Modify, copy, lease, sell or distribute any of our Services.
Attempt to or assist anyone to reverse engineer, decompile or discover the source code
or underlying components of our Services, including our models, algorithms, or systems
(except to the extent this restriction is prohibited by applicable law).
Automatically or programmatically extract data or Output (defined below).
Represent that Output was human-generated when it was not.
Interfere with or disrupt our Services, including circumvent any rate limits or restrictions
or bypass any protective measures or safety mitigations we put on our Services.
Use Output to develop models that compete with Clone Corp.
Software. Our Services may allow you to download software, such as mobile applications,
which may update automatically to ensure you’re using the latest version. Our software may
include open source software that is governed by its own licenses that we’ve made available to
you.
Corporate domains. If you create an account using an email address owned by an
organization (for example, your employer), that account may be added to the organization's
business account with us, in which case we will provide notice to you so that you can help
facilitate the transfer of your account (unless your organization has already provided notice to
you that it may monitor and control your account). Once your account is transferred, the
organization’s administrator will be able to control your account, including being able to access
Content (defined below) and restrict or remove your access to the account.
Third party Services. Our services may include third party software, products, or services,
(“Third Party Services”) and some parts of our Services, like our browse feature, may include
output from those services (“Third Party Output”). Third Party Services and Third Party Output
are subject to their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback, and you agree that we may use it without restriction
or compensation to you.
Content
Your content. You may provide input to the Services (“Input”), and receive output from the
Services based on the Input (“Output”). Input and Output are collectively “Content.” You are
responsible for Content, including ensuring that it does not violate any applicable law or these
Terms. You represent and warrant that you have all rights, licenses, and permissions needed to
provide Input to our Services.
Ownership of content. As between you and Clone Corp, and to the extent permitted by
applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby
assign to you all our right, title, and interest, if any, in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence generally,
output may not be unique and other users may receive similar output from our Services. Our
assignment above does not extend to other users’ output or any Third Party Output.
Our use of content. We may use Content to provide, maintain, develop, and improve our
Services, comply with applicable law, enforce our terms and policies, and keep our Services
safe.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We
are constantly working to improve our Services to make them more accurate, reliable, safe, and
beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some
situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
Output may not always be accurate. You should not rely on Output from our Services as
a sole source of truth or factual information, or as a substitute for professional advice.
You must evaluate Output for accuracy and appropriateness for your use case, including
using human review as appropriate, before using or sharing Output from the Services.
You must not use any Output relating to a person for any purpose that could have a legal
or material impact on that person, such as making credit, educational, employment,
housing, insurance, legal, medical, or other important decisions about them.
Our Services may provide incomplete, incorrect, or offensive Output that does not
represent Clone Corp’s views. If Output references any third party products or services,
it doesn’t mean the third party endorses or is affiliated with Clone Corp.
Our IP rights
We and our affiliates own all rights, title, and interest in and to the Services. You may only use
our name and logo in accordance with our Brand Guidelines .
Paid accounts
Billing. If you purchase any Services, you will provide complete and accurate billing information,
including a valid payment method. For paid subscriptions, we will automatically charge your
payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for
all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed,
we may downgrade your account or suspend your access to our Services until payment is
received.
Service credits. You can pay for some Services in advance by purchasing service credits. All
service credits are subject to our Service Credit Terms .
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable,
except where required by law. These Terms do not override any mandatory local laws regarding
your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices,
we will give you at least 30 days’ notice and any price increase will take effect on your next
renewal so that you can cancel if you do not agree to the price increase.
Termination and suspension
Termination. You are free to stop using our Services at any time. We reserve the right to
suspend or terminate your access to our Services or delete your account if we determine:
You breached these Terms or our Usage Policies .
We must do so to comply with the law.
Your use of our Services could cause risk or harm to Clone Corp, our users, or anyone
else.
We also may terminate your account if it has been inactive for over a year and you do not have
a paid account. If we do, we will provide you with advance notice.
Appeals. If you believe we have suspended or terminated your account in error, you can file an
appeal with us by contacting our Support team (support@clone.me) .
Discontinuation of Services
We may decide to discontinue our Services, but if we do, we will give you advance notice and a
refund for any prepaid, unused Services.
Disclaimer of warranties
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW,
WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND
DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
Merchantability, Fitness For A Particular Purpose, Satisfactory Quality,
Non-Infringement, And Quiet Enjoyment, And Any Warranties Arising Out
OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY
Content Will Be Secure Or Not Lost Or Altered.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT
YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF
TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL
Advice.
Limitation of liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY
Indirect, Incidental, Special, Consequential, Or Exemplary Damages,
INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER
LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER
OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING
THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT
Permitted By Applicable Law.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of
certain damages, so some or all of the terms above may not apply to you, and you may have
additional rights. In that case, these Terms only limit our responsibilities to the maximum extent
permissible in your country of residence.
Clone Corp’S Affiliates, Suppliers, Licensors, And Distributors Are
Intended Third Party Beneficiaries Of This Section.
Indemnity
If you are a business or organization, to the extent permitted by law, you will indemnify and hold
harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and
expenses (including attorneys’ fees) from third party claims arising out of or relating to your use
of the Services and Content or any violation of these Terms.
Dispute resolution
YOU AND CLONE CORP AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND
Class Action Waiver Provisions:
MANDATORY ARBITRATION. You and Clone Corp agree to resolve any claims arising out of
or relating to these Terms or our Services, regardless of when the claim arose, even if it was
before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out
of arbitration within 30 days of account creation or of any updates to these arbitration terms
within 30 days after the update has taken effect by contacting support@clone.me
Informal dispute resolution. We would like to understand and try to address your concerns
prior to formal legal action. Before either of us files a claim against the other, we both agree to
try to resolve the Dispute informally. You agree to do so by sending us notice at
support@clone.me. We will do so by sending you notice to the email address associated with
your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to
initiate arbitration. We also both agree to attend an individual settlement conference if either
party requests one during this time. Any statute of limitations will be tolled during this informal
resolution process.
Arbitration forum. If we are unable to resolve the Dispute, either of us may commence
arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute
Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as
applicable. Clone Corp will not seek attorneys’ fees and costs in arbitration unless the arbitrator
determines that your claim is frivolous. The activities described in these Terms involve interstate
commerce and the Federal Arbitration Act will govern the interpretation and enforcement of
these arbitration terms and any arbitration.
Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if
the arbitrator determines a hearing should be conducted in person, the location will be mutually
agreed upon, in the county where you reside, or as determined by the arbitrator, unless the
batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The
arbitrator will be either a retired judge or an attorney licensed to practice law in the state of
California. The arbitrator will have exclusive authority to resolve any Dispute, except the state or
federal courts of San Francisco, California have the authority to determine any Dispute about
enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out
below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until
after the arbitrator determines the final award, if any. The arbitrator has the authority to grant
motions dispositive of all or part of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration of the
following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other
equitable relief to stop unauthorized use or abuse of the Services or intellectual property
infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and Clone Corp agree that Disputes must be
brought on an individual basis only, and may not be brought as a plaintiff or class member in
any purported class, consolidated, or representative proceeding. Class arbitrations, class
actions, and representative actions are prohibited. Only individual relief is available. The parties
agree to sever and litigate in court any request for public injunctive relief after completing
arbitration for the underlying claim and all other claims. This does not prevent either party from
participating in a class-wide settlement. You and Clone Corp knowingly and irrevocably waive
any right to trial by jury in any action, proceeding, or counterclaim.
Batch arbitration. If 25 or more claimants represented by the same or similar counsel file
demands for arbitration raising substantially similar Disputes within 90 days of each other, then
you and Clone Corp agree that NAM will administer them in batches of up to 50 claimants each
(“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a
single Batch. NAM will administer each Batch as a single consolidated arbitration with one
arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location
decided by the arbitrator for each Batch. If any part of this section is found to be invalid or
unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual
proceedings.
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the
remainder will remain in effect, except that if a finding of partial illegality or unenforceability
would allow class arbitration, class action, or representative action, this entire dispute resolution
section will be unenforceable in its entirety.
Copyright complaints
If you believe that your intellectual property rights have been infringed, please send notice to the
address below or fill out this form. We may delete or disable content that we believe violates
these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where
appropriate.
Clone Corp
514 30th Street
Newport Beach, CA 92663
Attn: General Counsel / Copyright Agent
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner
of the copyright interest
A description of the copyrighted work that you claim has been infringed upon
A description of where the allegedly infringing material is located on our site so we can
find it
Your address, telephone number, and e-mail address
A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law
A statement by you that the above information in your notice is accurate and, under
penalty of perjury, that you are the copyright owner or authorized to act on the copyright
owner’s behalf
General Terms
Assignment. You may not assign or transfer any rights or obligations under these Terms and
any attempt to do so will be void. We may assign our rights or obligations under these Terms to
any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Changes to these Terms or our Services. We are continuously working to develop and
improve our Services. We may update these Terms or our Services accordingly from time to
time. For example, we may make changes to these Terms or the Services due to:
Changes to the law or regulatory requirements.
Security or safety reasons.
Circumstances beyond our reasonable control.
Changes we make in the usual course of developing our Services.
To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms that materially
adversely impact you either via email or an in-product notification. All other changes will be
effective as soon as we post them to our website. If you do not agree to the changes, you must
stop using our Services.
Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right
to do so later. Except as provided in the dispute resolution section above, if any portion of these
Terms is determined to be invalid or unenforceable, that portion will be enforced to the
maximum extent permissible and it will not affect the enforceability of any other terms.
Trade controls. You must comply with all applicable trade laws, including sanctions and export
control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to
(a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings
are prohibited or restricted under applicable trade laws. Our Services may not be used for any
end use prohibited by applicable trade laws, and your Input may not include material or
information that requires a government license for release or export.
Entire agreement. These Terms contain the entire agreement between you and Clone Corp
regarding the Services and, other than any Service-specific terms, supersedes any prior or
contemporaneous agreements between you and Clone Corp.
Governing law. California law will govern these Terms except for its conflicts of laws principles.
Except as provided in the dispute resolution section above, all claims arising out of or relating to
these Terms will be brought exclusively in the federal or state courts of San Francisco,
California.