The following Terms of Service ("Terms") refer to the usage of Cleared™ API service ("Service") that is operated by THAT NINETIES KID MUSIC GROUP LLC dba “Cleared™” ("Cleared™", "we") and provided with a link to these Terms. The Terms are valid for our customers and their users (third parties who use our customers' credentials to access the Service). The section titles in the Terms are for convenience only and have no legal or contractual effect.

Data Privacy

We collect and keep general information about our customers, including contact and payment information for billing and contact purposes. We also obtain this information in connection with providing the Service and maintaining our relationships with the customers.

We may request a customer to send a phone number to confirm their account. If the customer sends it, we will keep only a hash of this number and not the number itself. We use each phone number only to create a hash that we use to make sure the customer use only a single account to access the Service. We don't share the hashes or the original numbers with third parties.

Cleared™ may collect and use electronic data submitted by the customers and their users to the Service as necessary to provide the Service, including updating, enhancing, securing, and maintaining the Service; and to carry out Cleared™'s contractual obligations to its customers. Cleared™ reserves the right but does not undertake the obligation, to monitor the Service's use and investigate and take appropriate legal action against any party that uses the Service to violate the Terms or applicable law.

We may disclose data that our customers provided to our Service:

To our subsidiaries and affiliates;

To contractors, business partners, and service providers we use to support our Service;

In the event Cleared™ sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution, or liquidation), in which case data held by us about our customers will be among the assets transferred to the buyer or acquirer;

If required to do so by law or legal process;

In response to lawful requests from public authorities, including to meet national security, public interest, or law enforcement requirements.

We do not collect any medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions) of our customers.

Cleared™ will not contact the customers or their users with third-party advertising or promotion without the customers' explicit permission. Cleared™ strongly values this relationship and do not want to compromise this in any way. Cleared™ will not sell, share, or rent this information to others in ways different from what is disclosed in the Terms.

Content responsibility

In using the Service, a customer understands that they are liable for all information made available to the customer's users. Customer agrees not to use Service to upload, post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

By using the Service, a customer declares that they are not a subject to sanctions imposed by the US, and agrees not to:

help any government in violating, in any way, directly or indirectly, the European Convention for Human Rights (if you live in a country with laws which permit such violations, you nevertheless agree to respect the aforementioned Convention);

damage or cause risk to our business, reputation, employees, subscribers, facilities, or any person;

remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Service or features that enforce limitations on the Service's use.

Payments and taxes.

Some features of the Service may only be accessed and used upon the payment of applicable fees. The fees may vary depending on usage in accordance with our current pricing policy.

All the fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Any changes in your pricing plan will result in the new fees being charged at the next billing cycle or the moment of the plan's upgrade. There will be no prorating for downgrades in between billing cycles. Downgrading your plan may cause the loss of features or usage possibilities.

LIMITATION OF LIABILITY

Cleared™ wants to provide the Service in a manner consistent with generally accepted industry standards. As of March 30, 2022, our uptime was over 99.99%. However, THE SERVICE IS PROVIDED STRICTLY ON "AS IS" AND "AS AVAILABLE" BASIS, AND CLEARED™ MAKES NO WARRANTY THAT THE SERVICE IS COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. CLEARED™ HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SERVICE, OR THE AVAILABILITY OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SERVICE RESTS WITH YOU AND CLEARED™ MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SERVICE WILL BE ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT CLEARED™ SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA., LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF CLEARED™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. There is a possibility that our successors or we can make changes to the Service and may not support old versions of the Service forever. Unless stated in a supplementary license agreement, Cleared™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Customers agree that Cleared™ shall not be liable to the customers or any third party for any modification, suspension, or discontinuance of the Service.

If you need a Service Level Agreement, contact us at cleared@thatpitch.com

Intellectual property

All trademarks, service marks, and logos included in the Service and displayed on the Cleared™ website are the property of Cleared™ and third parties, and you may not use them without the express, prior written consent of Cleared™ or the applicable third party.

Minors

The Service is not intended for children under the age of 13. Cleared™ does not knowingly collect any data from children under the age of 13. If you are under the age of 13, please do not submit any data through the Service. We encourage parents and legal guardians to instruct their children never to provide any personal data on the Internet without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Cleared™ through the Service, please contact us, and we will endeavor to delete that information from our databases.

Access termination

A customer agrees that Cleared™, at its sole discretion, has the right (but not the obligation) to delete or deactivate the customer's account, block the customer's email, IP address, or Telegram ID, or otherwise terminate the customer's access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content uploaded by the customer, for any reason, including, without limitation, if Cleared™ believes that the customer has acted inconsistently with the Terms. Further, the customer agrees that Cleared™ shall not be liable to the customer or any third-party for any termination of such access to the Service. Further, the customer agrees not to attempt to use the Service after said termination.

Upon the termination of the Terms for any reason, the customer's rights under the Terms will cease, including all rights to use the Service.

No termination of the Terms will affect any obligation to pay outstanding amounts owed by a customer to Cleared™.

The limitation of liability, intellectual property rights, trademarks, and refund policy will survive termination of the Terms.

Territory notice

THAT NINETIES KID MUSIC GROUP LLC is a US company.

Branding rules

Every paying customer agrees that Cleared™ may, during the terms of the Terms, issue press releases and refer, orally or in writing, to the fact that the customer is a customer of Cleared™. Cleared™ agrees that any customer may also (during the term of the Terms) refer, orally or in writing, that Cleared™ is a service provider of the customer (for example, the customer might display a "Powered by Cleared™" link or image).

If a customer receives free access to the Service because they need it for educational, non-profit, open-source, or other socially beneficial purposes, the customer should comply with the branding rules that we sent them. Our branding rules usually require the customer to add acknowledgments about the Service to the code that uses the Service, web pages of projects that use the Service, and in other locations related to the projects.

Changes

We may update the Terms. You understand and agree that you are solely responsible for reviewing the Terms from time to time. You can always review the most current version of the Terms. Any continued use of the Cleared™ Services by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.