Privacy Policy
Date of Last Revision: December 21, 2024
At Claritude, we believe in the potential of technology to transform our everyday lives. We also believe in total transparency and clarity (hence our name “Claritude”), and we are committed to protecting the privacy of your personal information.
By registering for, accessing, or using any part of Claritude’s services—including the Claritude mobile application (“the App”), associated websites, and any related features or software (collectively referred to as “the Platform")—you ("the User") confirm that you have read, understood, and agreed to our Privacy Policy, which forms a part of our Terms of Use.
Please review our Privacy Policy carefully. If you do not agree with its terms, you must refrain from using our services.
Users in the European Union should refer to the section of the Privacy Policy titled "Privacy Provisions for European Union Users." California residents should review the accompanying "Supplemental Privacy Provisions for California Residents," which are incorporated as an essential part of this Privacy Policy.
END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
PRIVACY POLICY
1. Introduction
1.1 This Privacy Policy explains how Claritude handles personal and other information collected when you use Claritude's platform and services. It does not cover the practices of third parties that Claritude does not own, control, or manage, nor does it apply to individuals not employed or directly supervised by Claritude.
1.2 We collect and store information you provide when using Claritude’s platform. You may choose not to submit certain information; however, doing so might limit your ability to participate in specific challenges or access certain features of the service.
2. Registration
2.1 To access and use Claritude’s services, you must create an account by completing a registration form. During this process, you will be required to provide certain personal information, such as your name, email address, and other necessary details.
2.2 During registration, you have the option to provide additional information about yourself, such as a profile photo or other details to personalize your experience. If you prefer, you can choose not to share this additional information, and your use of the service will not be affected beyond the optional features that require it.
3. Payment processing
3.1 Claritude uses PCI-compliant payment processors to handle transactions securely. We do not see or store your credit card details.
4. Obtaining contact information
4.1 You may choose to invite friends, teammates, or other contacts to join you on Claritude through our invitation features. If you do, we may collect the recipient's contact information, such as their email address or phone number. We use this information to send invitations, reminders, and other related messages, as well as to track the success of our invitation features. Recipients can contact us at support@claritude.app to request the removal of their information from our database.
5. How we use permissions
5.1 To take part in challenges on Claritude, you are required to enable Screen Time sharing. This allows us to track your progress, validate challenge outcomes, and determine winners. The shared data may also be used to prevent cheating or fraud, improve our features, and support research and development, all in accordance with this Privacy Policy and our Terms of Use.
5.2 Claritude may collect your location information if you choose to opt in. This data may be used in connection with certain features or challenges. You can opt out of location data collection unless it is essential for the functionality of specific features or challenges.
5.3 With your explicit consent, Claritude may access your contacts to enhance your experience, such as by making it easier to invite friends to challenges or connect with others on the platform.
6. How we use data
6.1 Claritude may use your data, including anonymized and aggregated submissions, for research and development purposes. This includes improving our services and developing machine learning algorithms, either internally or in collaboration with trusted partners. All data used for these purposes will be anonymized to ensure that no personally identifiable information is disclosed. By using Claritude, you consent to the use of your anonymized data for these purposes, which aim to enhance our services and those of our partners.
6.2 Claritude uses the information we collect about you to send rewards, contact you regarding your participation or potential participation in challenges, and analyze trends. This information also helps us test and develop new features, enhance your experience, and improve our services. Additionally, we may use non-personally identifiable data for broader trend analysis and reporting.
7. How we collect data
7.1 Claritude automatically collects and stores certain types of information whenever you interact with the App or the Platform. This includes data transmitted automatically, such as screen time usage or activity metrics required for participating in challenges, or device type, name, and operating system. Additionally, we and our authorized agents collect traffic data, such as your IP address, browser type, Claritude cookie information, queries, and pages you visit.
7.2 This data is used to help diagnose server issues, analyze trends, administer the App, and improve our services. Aggregate metrics, such as the number of times specific features or pages are accessed, may also be collected and displayed.
7.3 We may share certain information, such as your name and email address, with third parties for special offers and promotional programs. However, these third parties are responsible for managing the privacy of the information they receive in accordance with their own privacy policies.
7.4 The specific data we collect may vary depending on the settings of your device and software. We encourage you to review the privacy policies of your device manufacturer or software provider to understand what information they make available to us.
8. Contacting you
8.1 After you provide us with your email address, Claritude will send a confirmation email to verify your account. We may also send you updates about the App, responses to your inquiries, and notifications related to your activities within the platform. Additionally, unless you choose to opt out, we may send motivational messages and reminders to encourage you to engage with the App and its features.
8.2 If you no longer wish to receive emails from us, you can opt out by contacting us at support@claritude.app from the email address you want removed. To disable push notifications, you can adjust your preferences in the App’s Settings menu. Please note that certain essential emails, such as those related to account security, challenge results, or legal updates, will still be sent. If you wish to stop receiving all communication, you have the option to deactivate or suspend your account.
9. Sharing information With Third Parties
9.1 We share your information to deliver services, meet legal requirements, protect rights, fulfil business obligations, or with your explicit consent.
9.2 We may use or share your data in the following situations:
Your Approval: When you give consent for a specific purpose, we will use your information as directed.
Operational Necessity: We may process your data to achieve our legitimate business goals.
Service Agreements: To fulfil obligations under any agreements or contracts you enter into with us.
Legal Compliance: If required by law, court orders, or government authorities, we will disclose your information to comply with applicable regulations.
Security Measures: When necessary, we may share your information to investigate, prevent, or respond to fraud, illegal activities, or risks to safety.
Other circumstances where your data may be shared include:
Corporate Events: Your data may be included in a transaction involving mergers, acquisitions, financing, or the sale of business assets.
Connected Entities: We may share information with affiliated companies under our ownership, requiring them to adhere to this Privacy Policy.
Collaborators: Business partners may access your information to provide services, promotions, or other offerings.
Public Interactions: Information you share in public areas of the platform (e.g., comments or profiles) may be visible to all users and accessible outside the App. Social network-linked activity may also display your name, profile picture, and activity details to others.
9.3 By using Claritude, you accept and consent to these sharing practices.
9.4 Claritude works with third-party providers to perform services on our behalf, such as processing payments and delivering gift cards or rewards. These providers may require access to your personal information to complete these tasks, but only for the purpose of fulfilling their designated functions on our behalf.
9.5 In the event of a merger, acquisition, sale of assets, or similar business transaction, Claritude may transfer your personal data as part of the assets involved. This includes situations such as bankruptcy, insolvency, or receivership, where your information may be considered a business asset. If Claritude or its assets are acquired by another company, your personal data will be transferred to the new entity, which will then inherit the rights and responsibilities regarding your information as outlined in this Privacy Policy.
9.6 Claritude may disclose your personal information when required to comply with applicable laws, court orders, or legal processes. This includes responding to judicial proceedings, government requests, or other legal obligations. We will act in good faith to ensure compliance with legal requirements and to protect our rights, the safety of our users, or others.
10. Registration
10.1 To access certain features of Claritude, you must become a Registered User by creating an account. During registration, you may be required to provide:
(a) Either:
o (i) valid location data within a specified range of a college or university campus, or
o (ii) a valid college-issued email address, which Claritude will verify to confirm your affiliation.
(b) A valid phone number.
(c) Your age.
This information ensures eligibility for features tailored to educational institutions and associated communities.
10.2 The information you provide helps us tailor your experience on Claritude to better suit your needs and preferences. This includes personalized challenge suggestions, customized features, and other offerings designed to align with your interests. We may use data you share with us, such as your activity patterns, preferences, and participation history, to enhance and personalize your experience on the Platform.
11. Data security
11.1 We have implemented robust technical and organizational safeguards to protect the security of the personal information we process. While we make every effort to secure your data, it is important to note that no method of electronic transmission or storage is completely secure. As a result, we cannot guarantee that hackers, cybercriminals, or other unauthorized third parties will never be able to bypass our security measures and improperly access, steal, or alter your information.
11.2 By using Claritude, you acknowledge that transmitting personal information to and from the Platform is at your own risk. We recommend accessing the App only in a secure environment to minimize potential vulnerabilities.
12. Profile data
12.1 You have the option to withhold certain information; however, this may limit your ability to access certain features of the app or fully participate in challenges and activities on Claritude.
You can visit your User Profile at any time to correct, amend, add, or delete your personally identifiable information. However, when you update your information, we may retain a copy of the original, unrevised data as part of our standard backup procedures and to comply with potential legal requirements in the future.
13. Account deletion
13.1 If you wish to delete your Claritude account, you can request this by contacting us at support@claritude.app. We will process and respond to account deletion requests within 15 business days.
14. Updates to This Privacy Policy
14.1 Claritude reserves the right to update this Privacy Policy at its sole discretion. If we make significant changes, we will notify you by updating the policy's "last revised" date and/or posting a notice on the Platform to keep you informed about what information we collect, how we use it, and under what circumstances it may be shared.
14.2 By continuing to use Claritude’s services after these changes take effect, you acknowledge and agree to the revised Privacy Policy.
15. Payouts
15.1 After a challenge ends, winnings are credited to your account as Credits. These Credits can be used for future challenges or redeemed for a PayPal payout or Amazon gift card at any time. Payouts via PayPal are processed and made available within 48 hours of your request. Please note that winnings cannot be credited back to a credit card.
15.2 If you require a paper check as an alternative, a $5 fee will be applied to cover the cost of processing and mailing the check within the United States, regardless of the payout amount. To request a paper check, please email support@claritude.app. Credits will expire after 12 months of inactivity on your account.
16. Refund Policy
16.1 For yearly subscription purchases made through the Claritude website, refund requests are typically accommodated if made within 30 days of the purchase date. To request a refund, please contact us. Refund requests must be submitted using the email address associated with the original purchase. For additional details on cancellations and refunds, please visit our Support Center.
16.2 If your purchase was made through the App Store, please note that Claritude does not collect or store your credit card information. As a result, we are unable to process refunds for App Store purchases. If you believe you require a refund, you will need to contact the App Store directly to submit your request.
17. Children’s data
17.1 Claritude does not target its products or services to children under the age of 13, nor do we knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected such information, we will take immediate steps to delete it.
18. Third parties
18.1 The Platform may contain links to external websites or services that are not operated by us. Please note that we do not control the content or privacy practices of these external sites and cannot accept responsibility or liability for how they handle your information. We encourage you to review the privacy policies of any third-party sites you visit.
19. The cookies we use
19.1 We use certain essential cookies which are critical for the fundamental operation of the Platform, such as maintaining security, managing network operations, and enabling accessibility.
19.2 Performance tracking cookies help us monitor how users interact with the Platform, including visitor counts and engagement with specific features, enabling us to make continuous improvements.
20. Why we use cookies
20.1 Essential cookies support the proper functioning of our site, like maintaining active sessions and safeguarding your data.
20.2 Performance cookies provide insights into user behavior, helping us identify popular content and areas for improvement to deliver a better experience.
21. How you can manage cookies
21.1 When you first visit our website, you’ll have the option to accept or decline cookies based on your preferences. You can modify or disable cookies in your browser settings at any time. Be aware that disabling essential cookies may disrupt the Platform’s functionality.
22. Data storage and security
22.1 Claritude stores and processes all User data on secure cloud computing platforms. These platforms implement advanced security measures that comply with industry-leading standards to ensure the confidentiality, integrity, and availability of User information.
22.2 Where appropriate, Claritude anonymizes or aggregates User data before using it for analytics, matchmaking, or machine learning purposes. This ensures that personally identifiable information is protected. For further inquiries regarding these practices, Users may refer to the full Privacy Policy or contact Claritude at support@claritude.app.
23. Screen Time Data Disclosure
23.1 By participating in a challenge on the Platform, the User consents to their screen time performance being displayed as XP (experience points) to other participants in the same challenge. This feature is integral to the competitive nature of the Platform and allows for transparent engagement between participants.
23.2 By continuing to use the Platform, the User acknowledges and agrees to these terms regarding data usage, storage, and disclosure.
24. Privacy Provisions for European Union Users
24.1 Claritude respects the data protection rights of individuals in the European Union in accordance with the General Data Protection Regulation (GDPR). As an EU resident, you are entitled to specific rights regarding your personal data, including:
• Access: The right to view the personal data we hold about you.
• Rectification: The right to correct inaccurate or incomplete data.
• Erasure: The right to request the deletion of your data.
• Restriction of Processing: The right to limit how your data is used.
• Data Portability: The right to obtain and reuse your personal data across different services.
• Objection: The right to object to certain data processing activities.
• Consent Withdrawal: The right to withdraw your consent at any time.
24.2 To exercise any of these rights, please contact us at support@claritude.app with "EU Privacy Rights Request" in the subject line.
25. Supplemental Privacy Provisions for California Residents
25.1 Under the California Consumer Privacy Act (CCPA), Claritude extends additional privacy protections and rights to users residing in California. Here’s how these rights apply and how you can exercise them:
• Your Right to Information: California residents can request details about the personal information Claritude has collected, used, and shared over the past 12 months. Once your request is verified, we will provide access to the specific data we have about you.
• Your Right to Erasure: You may request that Claritude delete your personal information, subject to legal exceptions.
• Choice to Opt Out: Although Claritude does not currently sell personal information, if that policy changes, California residents will have the option to opt out of any such activity.
• No Penalty for Exercising Rights: Claritude will not penalize you for exercising your rights. You will not face denial of services, higher charges, or reduced service quality unless permitted by law.
25.2 How to Make a Request:
To exercise these rights, California residents can send a verifiable request to support@claritude.app with "California Privacy Rights Request" in the subject line. We will confirm your identity using information associated with your account, such as your email address, and may request additional documentation, like government ID, for verification.
25.3 Questions or Concerns:
If you have any inquiries about these rights or how California privacy laws apply, reach out to us at support@claritude.app.