Terms of Service
Last updated 7/7/26
This page outlines the terms under which Clearstream, LLC (“Clearstream,” “we” or “us”) provides users (“you”) with our clearstream.io website and text messaging software platform (collectively, the “Services”). These terms of service (“Terms of Service”) govern all use of the Services, including new features, changes, updates or improvements to the Services.
Please read this page carefully. By using the Services, you (whether you are a website visitor, a “Customer,” an “Organization Administrator,” an “Authorized User” or an “Individual,” as defined below are indicating your acceptance to be bound by these Terms of Service. In other words, these Terms of Service are a binding contract between you and us. If you are unwilling to be bound to these Terms of Service, please do not use the Services. In addition, by entering into these Terms of Service, you further acknowledge your understanding and acceptance of our Privacy Policy, available at https://clearstream.io/privacy-policy/ (the “Privacy Policy”).
We reserve the right, at its sole discretion, to modify or replace any part of these Terms of Service. When we do, we will post the notification at https://clearstream.io/terms for seven (7) days. It is your responsibility to check back to these Terms of Service and https://clearstream.io/terms periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, INCLUDING ARBITRATION, A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1. Opting-Out, Getting Help & Disclosures
First and foremost, we want to make sure it is easy for you to opt-out of receiving text messages and get help from the Clearstream team.
To stop receiving text messages from us or a user of the Services, you may reply to any message you have received with one of the following words: STOP, QUIT, END, CANCEL, or UNSUBSCRIBE.
If you have subscribed to multiple campaigns on one short code (97000, 94000, or 55498), you may reply with one of the following words to stop all messages: STOP ALL, QUIT ALL, END ALL, CANCEL ALL, or UNSUBSCRIBE ALL. If you are having trouble opting out of a campaign on our short codes (97000, 94000, or 55498), please call us at 917-818-4557 for assistance.
To receive help with messages from Clearstream or a user of Clearstream, you may reply to any message you have received with the word HELP at any time. If you are having trouble receiving help, please call us at 917-818-4557 for assistance.
As always, message and data rates may apply for any messages sent/received through the Services. Message frequency varies. If you have any questions about your own text or data plan, please contact your wireless provider. Carriers are not liable for any delayed or undelivered messages.
2. Overview of Clearstream’s Services
We are happy to provide you with the Services, which include our website and the Clearstream web-based software and mobile app. The Services allow organizations to create and manage SMS campaigns to communicate with their members, visitors, staff, and volunteers provided that the recipients of such communications have provided their consent to receive text messages. TO BE CLEAR: THESE TERMS EXPRESSLY PROHIBIT YOU FROM SENDING ANY MESSAGE TO A RECIPIENT WHO HAS NOT GIVEN HIS/HER/THEIR CONSENT (WRITTEN, ELECTRONIC, OR DIGITAL) TO RECEIVE SUCH MESSAGES. YOU MUST DOCUMENT AND SAVE THIS CONSENT FOR THE DURATION OF YOUR USE OF THE SERVICES. WHEN A RECIPIENT OPTS OUT OF RECEIVING ANY FURTHER MESSAGES, WE WILL AUTOMATICALLY DISABLE THE MESSAGE FEATURE FOR THIS RECIPIENT SO THAT YOU CAN NO LONGER SEND MESSAGES TO THIS RECIPIENT.
The Services are designed for churches, non-profits, educational institutions, and government organizations. Organizations that are not churches, non-profits, educational institutions, or government organizations may, in some cases, use the Services, but will not have access to all the Services’ features. For example, access to integrations and email are not available for these organizations. You agree that your use of the Services is at your own risk. We do not warrant that the Services will be error-free, generate a desired result, or increase productivity.
3. Types of Clearstream Users
In addition to our website visitors, there are four categories of Clearstream users: Customers, Organization Administrators, Authorized Users and Individuals. Each type of user has different permissions and responsibilities, which are more fully described below.
A. Customers
Who is the Customer? Our Customer is the organization (e.g., the Church or the non-profit entity). Only an individual who has the full authority to enter into binding contracts and conduct business on behalf of the Customer (hereinafter referred to as the “Account Owner”) may create the Customer’s Clearstream account (the “Account”). We may require the Account Owner to provide proof of authority to enter into contracts on behalf of the Customer, and we reserve the right to suspend the Customer’s access to the Services until such proof is provided. However, we specifically disclaim all liability for an Account that was opened by an individual who had no authority to do so on Customer’s behalf.
Customer’s Specific Representations and Warranties. Customer represents and warrants that:
The Account Owner has full authority to create the Account;
Customer will hold us harmless for the conduct of Customer, the Account Owner, Organization Administrators, Authorized Users and Individuals, as described more fully in Section 14 (Indemnification);
Customer shall cooperate with us for matters related to the Services, upon our reasonable request;
Customer will not use the Services in a manner that violates the laws, rules and regulations in the applicable jurisdiction;
All registration information that the Account Owner submits is truthful and accurate and Customer will maintain the accuracy of its Account information by immediately updating the Account by logging into the Account, clicking on “Settings,” and modifying the pertinent information (Customers may also contact us with questions on how to update or change information by email at help@clearstream.io); and
All recipients of text messages from Customer and Customer’s employees, agents, Organization Administrators and Authorized Users HAVE GIVEN THEIR EXPLICIT WRITTEN CONSENT TO THE CUSTOMER TO RECEIVE TEXT MESSAGES, and Customer shall indemnify and hold us harmless from any claim or dispute arising out of the failure to obtain anyone’s consent to receive messages through the Services.
In addition, the Services allow the Customer, Organization Administrators, Authorized Users and Individuals to enter, send and receive content and data (collectively, “Customer Data”). Customer Data may include or incorporate information related to third party individuals – for example, the names and telephone numbers of others. Therefore, Customer further represents and warrants that:Customer has the rights, basis, and permissions to enter, send and receive the Customer Data through the Services;
Customer is not violating any applicable law, including data privacy laws, by entering, sending or receiving Customer Data through the Services;
The Customer Data, and the use of Customer Data in connection with the Services, does not violate third-party rights of any kind, including without limitation third-party copyrights, trademarks, or rights of privacy or publicity;
The Customer Data does not violate these Terms of Service;
There is no suit, action, claim, or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of the Customer Data, or which might in any way impair the rights granted under these Terms of Service; and
Customer will hold us harmless from all claims and disputes related to the Customer Data, as more fully described in Section 14 (Indemnification).
Customer’s Responsibilities. Customer acknowledges and agrees that Customer is solely responsible for:
Complying with all applicable laws, rules and regulations;
Ensuring Organization Administrators, Authorized Users and Individuals strictly comply with these Terms of Service and all applicable laws and regulations;
Customer’s own conduct as well as the conduct of Organization Administrators, Authorized Users and Individuals;
The collection, use, and security of Customer Data;
Compliance with data privacy laws for the Customer Data; and
Resolving disputes involving Customer Data.*
*In the event we are contacted by a person who has a dispute related to Customer Data, we will notify Customer within 45 days of such dispute and we have the right to suspend or terminate the Customer’s Account until this dispute is resolved.
Requirement to post terms of Service. Customer shall maintain a “terms of service” page, or the like, on the internet that includes the following language (the “Required Terms”):
Recipients of text messages from [Customer’s phone number must be inserted here]
To opt-out at any time: Text STOP to [Customer’s phone number must be inserted here]. By opting into this number, you are agreeing to receive informational text messages, alerts, and updates from [insert Customer’s name] (our “Organization”).
To stop receiving text messages from our Organization, you may reply to any message you have received with one of the following words: STOP, QUIT, END, CANCEL, or UNSUBSCRIBE. If you have subscribed to multiple campaigns, you may reply with one of the following words to stop all messages: STOP ALL, QUIT ALL, END ALL, CANCEL ALL, or UNSUBSCRIBE ALL. If you are having trouble opting out of a campaign, please call 917-818-4557 for assistance.
Receiving help with any messages from our Organization or a user of our Organization
To receive help with any messages from our Organization or a user of our Organization, you may reply to any message you have received with the word HELP at any time. If you are having trouble receiving help, please call 917-818-4557 for assistance.
Wireless carriers are not liable for any delayed or undelivered messages. Message and Data Rates May Apply. Message Frequency Varies
Customer shall also maintain a “privacy policy” page, or the like, on the internet that must (i) disclose what data you collect and how it is used, in accordance with applicable data privacy laws; and (ii) explain that mobile information and opt-in consent for text messages will not be shared with third parties or affiliates for marketing or promotional purposes (the “Sample Mobile Information”). For example:
Sample Mobile Information Disclosures
To provide you with mobile messaging services, we will collect, share, and disclose your information, including but not limited to your name, phone number, and email address. We will also collect your consent to SMS and email messaging.
We use this information to provide you with our services, which includes sending you mobile and email marketing and transactional messages, in accordance with your opt-in preferences.
We will share some of your information with our third-party service providers to provide you with these services, but we will not share your mobile information and opt-in preferences with any third parties or affiliates for those third parties or affiliates’ own marketing or promotional purpose. SMS Consent will not be shared with any third parties.
Customer agrees that we may post the Required Terms and, if the Customer does not provide its own disclosure containing language substantially similar to the Sample Mobile Information above, you further agree that we may post the Sample Mobile Information for Customer on their own Clearstream subdomain (which will be {unique customer subdomain}.cls.co), and further agrees that we are not liable for any claims or damages arising out of Customer’s Clearstream subdomain or the Required Terms. You understand and agree that it is your sole responsibility to comply with all legal requirements that apply to your services, including but not limited to providing accurate privacy disclosures and collecting any necessary consents, and it is your responsibility to ensure the Sample Mobile Information, if posted to your Clearstream subdomain, accurately represents your information practices.
B. Organization Administrators
Who are the Organization Administrators? Organizational Administrators are users who are granted full access to manage the Account by the Account Owner (for the sake of clarity, the Account Owner also has full access to manage the Account). All Organization Administrators must have full authority to enter into binding contracts and conduct business on behalf of Customer. We may require the Organization Administrators to provide proof that they have the authority to enter into contracts on behalf of the Customer. However, we specifically disclaim all liability for the actions of Organization Administrators who had no authority to act on Customer’s behalf. An Organization Administrator, acting on behalf of the Customer, may delete the Account and therefore all data and information related to the Customer’s Account. Organization Administrators, acting on behalf of the Customer, may also change information in the Account (such as signing up for a different payment plan or adding/removing features). You acknowledge and agree that we are not liable for the conduct of a Customer or Organization Administrator, including, without limitation, deletion of data, improper use of data, inappropriate information posted, violation of laws related to privacy, or any other conduct by a Customer or Organization Administrator.
How are Organization Administrators Added or Deleted? Organization Administrators may be added or deleted by another Organization Administrator. In the event an Organization Administrator is deleted, the Organization Administrator shall cease to have access to the Services, the Account, and any information contained therein.
What are the Responsibilities of the Organization Administrator? Organization Administrators shall follow the instructions of the Customer and shall comply with the Customer’s policies and practices that are relevant to the use of the Services. Organization Administrator’s shall not take any action or inaction that is disparaging to the Customer or contrary to the Customer’s mission or instructions. Furthermore, Organization Administrators shall:
Ensure that Authorized Users and Individuals understand and comply with all Customer policies and practices that are relevant to their use of the Services;
Ensure that the Authorized Users and Individuals understand and comply with these Terms of Service and our Privacy Policy;
Obtain all rights, permissions and consents from Authorized Users and Individuals that are necessary to grant us the rights and licenses in these Terms of Service;
Obtain all rights, permissions and consents from Authorized Users and Individuals for the lawful use and transmission of their personal information and data that is required for their use and operation of the Services;
Cooperate with us in ensuring that they, the Customer, Authorized Users and Individuals comply with these Terms of Service; and
Provide us with all necessary rights, permissions and consents necessary to grant us the rights and licenses in these Terms of Service, and all rights, permissions and consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of the Services.
Disputes with Organization Administrators. In the event of a conflict among Organization Administrators, Organizational Administrators and the Account Owner, or between Organization Administrators and the Customer, the Customer must resolve the issue and provide us with written instructions on how to proceed that are signed by the Chief Executive of the organization. We will proceed based on those instructions. In the event of a conflict over the identity of the Chief Executive, we will act in accordance with a court order that names the Chief Executive. If a dispute requires us to engage counsel, the Customer agrees to pay our fees and costs. We may suspend the Services and the Account until said conflict is resolved.
C. Authorized Users and Individuals
Who are Authorized Users? “Authorized Users” are users who are granted permission to access certain features of the Services by an Organization Administrator. Authorized Users will not have access to the same administrative features as Organization Administrators. For example, Authorized Users may create and send messages and reply to Individuals through the account Inbox. However, Authorized Users do not have the ability to edit account billing and payment information. Authorized Users acknowledge and agree that an Organization Administrator or another Authorized User may remove their access to the Services, delete or change any information that such user has entered into the Services, and delete the entire Account (which would result in the deletion of all data from Authorized Users).
Who are Individuals? "Individuals" are those who have a connection with the Customer (e.g., a member of the congregation, a visitor of the church, or a staff member) and have given their explicit written consent to the Customer to receive text messages from the Customer. Individuals acknowledge and agree that the Customer and its agents can view, access and use the information and data that Individuals have sent or received through the Services. In other words, any text messages sent or received through the Services may be stored, viewed, and accessed by the Customer. Individuals also acknowledge and agree that text messages sent to Customer may elicit replies from Customer or Customer’s representatives.
Responsibilities of Authorized Users and Individuals. Authorized Users and Individuals shall follow the instruction of Organization Administrators and the Customer. Authorized Users and Individuals shall:
Comply with all Customer policies and practices that are relevant to the use of the Services;
Comply with these Terms of Service and our Privacy Policy;
Provide the Customer and Organization Administrators with all rights, permissions and consents that are necessary to grant us the rights and licenses in these Terms of Service;
Provide all permissions and consents to the Customer and Organization Administrators for the lawful use and transmission of their personal information and data that is required for the use and operation of the Services; and
Not take any action or inaction that interferes with the Customer’s ability to use the Services, is disparaging to the Customer, or is contrary to the Customer’s mission or instructions.
4. Requirements For Use of the Services & Prohibited uses
As consideration for your use of the Services, you agree to comply with these Terms of Service and abide by the following requirements:
A. Do not share your username/password with others and be responsible for the security of your devices and Account. You shall be solely responsible for the security of your applicable Accounts, passwords, and electronic devices. You shall keep your password secure and take appropriate measures to safeguard the security of your username, password, and electronic devices. You are expressly prohibited from using another’s username, password or security to access the Services, and you are also prohibited from providing others with access to the Services with your unique username, password, or security code. You specifically acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your Account, username, password, or device. You further agree to notify us immediately of any breach of security or unauthorized use of the Account.
B. Provide accurate information and keep your Account information updated. You agree to only provide us with accurate and complete information. All users who have a Clearstream Account or login must provide their legal full name, a valid email address or mobile phone number, and any other information requested in order to complete the signup process for an Account or login (if applicable), and if any of this information changes, the information must be immediately updated with the current information.
C. Be responsible for all information, data, and content you use in connection with the Services. You understand and agree that you are responsible for all information, data and content that you enter into, or send through, the Services, and all activity that occurs while using the Services. You specifically acknowledge and agree that:
We can’t guarantee any specific outcome from using the Services;
We can’t guarantee the continuous, uninterrupted or error-free operation of the Services;
You assume all responsibility for the results of your actions while using the Services; and
We reserve the right to modify, suspend or withdraw the whole or any part of the Services or any related content at any time, without notice, and without incurring any liability.
D. Use the Services only as we intended, and not for any illegal or prohibited purpose. As one of the conditions of your use of the Services, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Services for anything other than to send and receive communications related to your church or organization. Specifically, you SHALL NOT use the Services in any manner that is defamatory, sexually explicit, harassing, illegal, prohibited by law or otherwise prohibited by these Terms of Service, and you explicitly agree not to use the Services to:
Upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 13 years of age, or that discloses personally identifying information belonging to children under 13 years of age without parental consent;
“Stalk” or otherwise harass another;
Collect or store personally identifying information about others without their explicit written permission;
Impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity;
Send any messages otherwise prohibited by these Terms of Service or that contain content or data related to SHAFT (sex, hate, alcohol, firearms, tobacco), loan origination and matching, payday loans, short-term loans, auto loans, mortgage loans, student loans, debt consolidation and reduction, investment opportunities, credit repair programs, tax relief programs, political campaigns, or work from home programs;
Enter false or misleading information to sign up for an Account or to communicate with others;
Upload, post, email, message, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships;
Upload, post, email, message, or otherwise transmit, or post links to any content or information that facilitates hacking;
Upload, post, email, message, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement;
Upload, post, email, message, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, message, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer or mobile phone software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services;
Conduct your own contests and promotions using the Services, or use the Services to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants;
Incorporate information or content from our Services into any email or “white pages” products or services;
Sell, distribute or make any commercial use of information or content in a manner that could be expected to offend the person for whom the information or content is relevant;
Engage in any of the following: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time, unless said system is by an API we pre-approved in writing;
Interfere with or disrupt the Services or servers or networks connected to the Services;
Decompile, disassemble, modify, sublicense, translate, adapt, reverse engineer, or create derivative works from, the Services or its related content; or
Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.
E. Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data, including but not limited to all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information exported from the United States or the country in which you reside.
F. Be over the age of 13; Don’t send messages to those under 13. You must be at least the age of 13 to use the Services and to receive or send data and content through the Services. Any use or access to the Services by anyone under the age of 13 is strictly prohibited and in violation of these Terms of Service. By using the Services, you represent and warrant that you are over the age of 13 and you have the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service. You also represent and warrant that you will not use the Services to send data or content to those under the age of 13. Sending any data or content to those under the age of 13 is strictly prohibited and in violation of these Terms of Service.
G. Obtain explicit written consent from recipients before sending messages. You shall not use the Services to send data or content to another unless and until you have received that person’s explicit written consent to do so. YOU MUST DOCUMENT AND SAVE THE WRITTEN CONSENT FOR THE DURATION OF YOUR USE OF THE SERVICES.
H. Not be previously prohibited from using the Services. You shall not use the Services if you were previously prohibited from using the Services.
I. Be a human. Accounts registered by “bots” or other automated methods are not permitted.
5. Monitoring & Security
We have no obligation to monitor the Services, your use of the Services, or the data and content you send and receive through the Services. You acknowledge and agree that we have the right to monitor the Services electronically from time to time (which we may do through the use of artificial intelligence technology) and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves or our users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy. While we take the security of our Services very seriously, we do not ensure or guarantee the security of the Services.
6. How we charge for the Services
A. Clearstream Pricing. You agree to pay the amount that corresponds to the Clearstream plan that you selected, available at https://clearstream.io/pricing/. You can also purchase additional packets of messages within your account, which do not expire. We reserve the right to change the price of your Clearstream plan upon thirty (30) days prior written notice to you, which we will send to the email address associated with your Account. If you do not pay on time or if your payment method cannot be charged for any reason, we reserve the right to suspend or terminate the Services and your Account. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of Services for this reason.
B. Payment Processing. We accept payments through credit/debit card and (for certain clients with our written consent) ACH. We will process your payment through our third-party payment processor, Stripe. You may be asked by Stripe to supply certain information, including credit card payment information. You agree that all information you provide will be accurate and complete. You agree to pay the amount charged for the Services that you selected, and all appliable sales and use taxes. Please note that Stripe may receive updated payment/banking information from your payment method issuer. The disbursement of this updated information is provided at the election of your payment method issuer. We are not responsible for the distribution of your payment method information; it is at the sole election of your payment method issuer. Your payment method issuer may give you the right to opt out of the update service, and it is your responsibility to contact your payment method issuer with regards to your right to opt out of the update service. We may retain sufficient personal information from your purchases to report to the IRS or other government authority and retain such information for at least the minimum statutory period. We are in no way responsible for any charges you incur when making purchases or other transactions.
C. Automatic charges & Clearstream’s recurring billing policy. Your payment method will be charged for the Clearstream plan you select on the day you sign up for the plan. You may elect to pay monthly or annually.
If you have elected to pay monthly, we continue to charge your payment method for this plan each month on the same day of the month until you cancel the Services. For example, if you signed up for the Services on April 16, your payment method will be charged May 16, June 16, July 16, and so forth. To be clear, if you sign up for an Account with monthly payments, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED THE AMOUNT OF MONEY WHICH CORRESPONDS TO THE CLEARSTREAM PLAN YOU SELECTED, AND YOUR ACCESS TO THE SERVICES WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS OF ONE MONTH. YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT THE THEN-CURRENT PRICE FOR THE PLAN YOU SELECTED ON THE SAME DAY OF THE MONTH, EACH MONTH, UNTIL YOU CANCEL YOUR ACCOUNT.
If you have elected to pay annually, we continue to charge your payment method for this plan each year on the same day of each year until you cancel the Services. For example, if you signed up for the Services on April 16, 2025, your payment method will be charged April 16, 2026, April 16, 2027, and so forth. To be clear, if you sign up for an Account with annual payments, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED THE AMOUNT OF MONEY WHICH CORRESPONDS TO THE CLEARSTREAM PLAN YOU SELECTED, AND YOUR ACCESS TO THE SERVICES WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS OF ONE YEAR. YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT THE THEN-CURRENT PRICE FOR THE PLAN YOU SELECTED ON THE SAME DAY OF THE YEAR, EACH YEAR, UNTIL YOU CANCEL YOUR ACCOUNT.
If you cancel your Account 24 hours prior to the date your payment method will be charged, you will not be charged for the next month. See Section 7, below, for how to cancel your Account.
D. Upgrades/ Downgrades. We may offer optional additional paid services, such as extra capacity, as an upgrade your plan. If you choose to upgrade, you will be charged immediately, and your billing date will recur on the next day of the month that the upgrade was initiated. You may also downgrade your current Services. Account Owners and Administrators can upgrade or downgrade by going into the Account, then "Settings,” and selecting the “Billing” section to change the plan. In the alternative, you can email us at help@clearstream.io. and we can assist you. If the Clearstream plan is downgraded, the payment method provided for the Account will automatically be charged the new rate on your next billing cycle. Downgrading Services may cause the loss of content, information, features, or capacity of your Account, and we are not liable for any such loss.
E. Free Trials. Our Free Trials are free of charge for 30 days. However, at the end of the 30-day Free Trial period, your access to the Services will end, your free Account will be terminated, all data in your Account will be deleted per section 7C, below, unless you select to continue the Services with a paid Clearstream plan.
F. Refund Policy. The Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months of the Services. We do not offer refunds if your Account is cancelled or terminated before the end of the month. In order to treat everyone equally, no exceptions will be made.
7. Cancellation, Termination, and Suspension
A. How you can cancel your Account. We are not responsible for cancelling your Account properly. If you are an Account Owner, you may log into your Account and go to Settings, then click on “Plan” to cancel your plan. If you are not an Account Owner but are an Organization Administrator, you can email us for assistance with cancelling the Account at help@clearstream.io.
B. When we may terminate, suspend, or modify your Account or the Services. In the event you fail to remit payment for the Services, we will suspend your Account and, after 30 days, we will terminate your Account. We also, in our sole discretion, reserve the right to (i) immediately suspend or terminate your Account and refuse any current or future use of the Services for any reason at any time, and (ii) modify or discontinue, temporarily or permanently, access to the Services, with or without notice to you. If we suspend or terminate your Account or your access to the Services, you will not be charged for the Services. You acknowledge and agree that we are not responsible for any costs, expenses, or liabilities arising out of or related to the suspension or termination of your Account.
C. What happens when your Account is Terminated or Cancelled? In the event your Account is terminated or cancelled, the termination or cancellation will result in (i) the deactivation or deletion of your Account; (ii) the loss of access to the Services; and (iii) the forfeiture, relinquishment or deletion of all data and content that you entered into the Services, sent or received through the Services, and entered into your Account (including but not limited to Customer Data) without the ability for recovery. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation or termination of your Account.
8. Technical Account Support
The Services include access to email support at help@clearstream.io, live chat through our website clearstream.io, and phone support at 917-818-4557. “Email support” and “live chat” means the ability to make requests for technical support assistance by email or chat at any time concerning the use of the Services. We will make a reasonable effort to respond to your requests for technical support assistance within three business days. All support will be provided in accordance with our internal policies and procedures.
9. Third-Party Connectivity with the Services
We use several third-parties to make certain features of the Services available to you, including but not limited to Stripe, Planning Center, Rock RMS, Pushpay, Tithely, Mailchimp, Slack, Zapier, Simple Donation, Bit.ly, Facebook, and X (“Third-Party Services”). In order to provide you with the Services, you acknowledge and agree that we must obtain required information for interacting with Third-Party Services that you use. You agree to be bound by the licenses of software and content for these Third-Party Services, and to the terms of use and privacy policies of these Third-Party Services (collectively, “Third-Party Terms”). You further agree that:
We shall not be liable for the acts or omissions of the providers of Third-Party Services;
We shall not be responsible for any remedies set forth in Third-Party Terms;
We do not warrant any Third-Party Services;
Third-Party Services are provided “As-Is” without warranties of any kind;
You will not mix our Services with other automation tools; and
We are not affiliated with any third-party social media sites in any way.
10. Intellectual Property
A. Our Intellectual Property. The Services, including but not limited to text, graphics, images, logos, buttons, icons, software and the overall "look" and "feel" of the Clearstream website and text messaging software platform, are the sole property of Clearstream and are the protected patents, copyrights, trademarks, and service marks of Clearstream (“Our IP”). Content which is not created by us, including all other third-party product and service marks, is the property of their respective owners. Unauthorized use of Our IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, make derivatives of, or distribute Our IP unless you obtain our explicit written consent. We grant you a license to use Our IP for the sole purpose of accessing and using the Services. Upon suspension, termination, or cancellation of your Account or your discontinuance of the Services, you must immediately cease and desist using Our IP and the Services.
B. Your Intellectual Property. We claim no intellectual property rights over your Customer Data. However, we ask that you respect our intellectual property rights and the rights of others. Therefore, you represent and warrant that the Customer Data does not include our IP. You further represent and warrant that you own all right, title and interest in the Customer Data, or, if the Customer Data incorporates content or information (i) created by another individual or entity; or (ii) from or about another individual or entity (collectively, “Additional Content”), then you represent and warrant that you have all rights, licenses and applicable permissions required by law to post and use the Additional Content.
C. License of the Customer Data & Disclosure of Customer Data. You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to copy, perform, display, and otherwise use the Customer Data to provide the Services. You represent and warrant that your use of Customer Data in connection with the Services and the license granted to us pursuant to Section 11C of these Terms of Service does not violate any data privacy laws or statutes.
D. Disclosure of Customer Data. You acknowledge and agree that we may store or disclose, as applicable, any Customer Data as described in our Privacy Policy, if we are required to do so by law, or if we have a good faith belief that such storage or disclosure is reasonably necessary to (i) comply with court orders or other legal processes; (ii) to enforce these Terms of Service; (iii) to respond to any claims that such content (or your use of the same) violates any third party’s rights; or (iv) to protect our rights, property or personal safety, our business partners, affiliates, licensors and licensees, any other subscriber or member of our Services, or the general public.
E. Reservation of rights in keywords. We reserve the right to reclaim any keywords used on a Clearstream short code that are (i) not in use for greater than 90 days; or (ii) pose of risk of violation of carrier guidelines. You can learn more about keywords here: https://help.clearstream.io/en/articles/1048579-what-s-the-difference-between-keywords-and-lists.
F. Copyright Infringement and DMCA Notification & Counter Notification Procedure. We are committed to protecting copyrights and expect our users to do the same. If the owner of a proprietary work believes that a user of our Services is using his/her/its proprietary work and that the proprietary work has been copied in a way that constitutes a copyright infringement, please send a written notification to our copyright DMCA agent via email to dmca@clearstream.io or via mail the following address:
Michael Lepinay
Clearstream, LLC
260 South Tarragona St. STE 150
Pensacola, FL 32502
The written notification should include the following information in the following format:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that the copyright owner claims has been infringed;
Identification of the material that is claimed to be infringing and where it is located on/in the Services;
Information reasonably sufficient to permit us to contact the copyright owner, such as his/her/its address, telephone number, and e-mail address;
A statement that the copyright owner (or his/her/its representative) has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that the signatory is the copyright owner or is authorized to act on behalf of the owner.
If you disagree that you are infringing on another’s work, you may elect to send us a counter notification to the contact information listed above in the following format:
A physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
These Terms of Service are not legal advice, and before sending either a copyright infringement notification or counter notification, you may wish to contact a lawyer to better understand your rights and obligations the applicable laws.
11. AI Policy
Without in any way limiting our exclusive rights under copyright, any use of our Services to ‘train’ generative artificial intelligence (AI) technologies to generate text or other content is expressly prohibited. We reserve all rights to license uses of our Services for generative AI training and development of machine learning language models. We use AI technologies in a manner consistent with our Privacy Policy, to assist in managing fraud and spam, to monitor usage (as described more fully in Section 5), and to streamline our internal operations.
12. Email Notices & Communications With Us
A. Email Notices & How to Opt-Out. You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Services, including any notices required by law, in lieu of communication by postal mail. Therefore, you must make sure the email address listed under your “Account Information” section is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at help@clearstream.io. If you do not want to receive non-legal notices by email, please opt out by contacting us at help@clearstream.io.
B. Communications with us regarding improvements to the Services. You may contact us by email at help@clearstream.io, or by phone at 917-818-4557. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them – but any submission will be subject to these Terms of Service. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA OR ANY RELATED MATERIALS TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA OR MATERIALS, AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF WE SO DESIRE, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD-PARTY.
13. Release & Limitations of Liability; Disclaimer of Warranties
A. Release and Limitations of Liability. You agree to release us and contractors, licensors, directors, officers, employees and agents from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Service or your use of the Services.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION), OR DAMAGES RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SERVICES, THE CONTENT WITHIN THE SERVICES, OR THE CUSTOMER DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE PAST 12 MONTHS.
B. Disclaimer of Warranties. By entering into these Terms of Service you acknowledge and agree that we are simply providing the Services, and that we make no warranties of any kind relating to the Services, any data or content contained within or related to the Services, any data or content available through Services, any documents or information available through the Services, or any Customer Data. Furthermore, nothing on or within Services shall be considered an endorsement, representation, assumption of, responsibility or warranty with respect to any third-party, whether in regard to their website, products, technologies, services, business practices or otherwise.
WE DO NOT WARRANT THAT OUR SERVICES, OR THE CONTENT AVAILABLE ON OR THROUGH THE SERVICES, WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, YOUR ELECTRONIC DEVICES, AND THE INTERNET IN GENERAL. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF SOFTWARE, TEXT, GRAPHICS AND LINKS. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROMISE OR WARRANT THAT YOUR USE OF THE SERVICES WILL RESULT IN IMPROVEMENT OF YOUR ORGANIZATION, BETTER RELATIONSHIPS WITH OTHERS, MORE PRODUCTIVE EMPLOYEES, MEMBERS OR RELATIONSHIPS, PROFIT, OR BE A POSITIVE EXPERIENCE IN GENERAL.
C. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Services must be filed within one (1) year after such claim or cause of action arises or forever be barred.
14. Indemnification
You agree to indemnify and hold harmless us and our contractors, licensors, directors, officers, employees and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Service, your breach of representations and warranties made in these Terms of Service, your violation of any other person's intellectual property, your violation of another’s data privacy rights, your conduct (including but not limited to violations of the law), the Required Terms, your Clearstream subdomain, and your use of the Services. Customer specifically agrees to defend, indemnify and hold harmless us and our contractors, licensors, directors, officers, employees and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from the actions or inactions of itself and Customer’s Organization Administrators, Authorized Users and Individuals.
15. Arbitration, Jury Trial Waiver, Class Action Waiver & Right to Opt-Out
A. Mandatory Arbitration. Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
You agree that any dispute related to these Terms of Service, your use of the Services, or any dispute related to your relationship with us or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the Judicial Arbitration and Mediation Services (JAMS), located in Pensacola, Florida. The JAMS Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The JAMS Rules of Arbitration are available on JAM’s website, https:// www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
B. Jury Trial Waiver. Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.
You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
C. Class Action Waiver. Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS. ALL CLAIMS AND DISPUTES BETWEEN YOU AND US MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
D. 30-Day Right to Opt-Out of Arbitration, Jury Trial Waiver & Class Action Waiver. You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement by sending written notice of your decision to opt out to help@clearstream.io (with the subject line: Opt-Out of Arbitration, Jury Trial Waiver and Class Action Waiver Provisions) within 30 days from the date you either (i) first begin use of the Services; or (ii) create an Account, whichever is applicable and earlier. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply you must bring claims per the Section 16C labeled “Governing Law and Jurisdiction,” below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in this Section. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement. Since the information provided in this Agreement is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.
16. Miscellaneous Provisions
A. Access outside the USA. We make no claims that the Services are appropriate or legal to be viewed by certain persons or in certain countries. If you access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
B. No waiver and partial validity. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
C. Governing law and jurisdiction. These Terms of Service are governed by the laws of the State of Florida without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall be exclusively brought by arbitration in Pensacola, Florida. In the event the claim is not arbitrated (e.g., you have waived arbitration pursuant to Section 15D, above), you consent to the personal and exclusive jurisdiction of the courts located in Pensacola, Florida.
D. Entire agreement & digital admissibility. These terms constitute our entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Services. You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
17. Our Contact Information
Any questions or concerns should be addressed to our support team at help@clearstream.io.
You can also reach us by phone at: +1 917-818-4557 or by mail at: Clearstream, 260 S. Tarragona St. Suite 150, Pensacola, Florida 32502