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Terms of Service

Last updated 4/15/24

Recipients of text messages from short codes 97000, 94000, or 55498 – to opt-out at any time: Text STOP to 97000, 94000, or 55498.

To stop receiving text messages from Clearstream or a user of Clearstream, 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 917-818-4557 for assistance.

To receive help with any 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 917-818-4557 for assistance.

Message and data rates may apply. Message frequency varies. 

Who can use Clearstream

Clearstream is a web-based text messaging application for churches, non-profits, education, and government organizations. 

Clearstream does not allow or permit promotional, advertising, or marketing content/programs on its platform.

Organizations that are not non-profits or churches may, in some cases, use Clearstream but with limited feature access. For example, access to our integrations, as well as Email, is not available.

Terms of Use

This page outlines the terms under which Clearstream, LLC (“we” or “us”) provides you with our website, clearstream.io (the “Site”), and our Clearstream text messaging software platform (the “Platform”).  These terms of service (“Terms of Service”) govern all use of the Platform, the Site, and all content, services and products available at, or through, the Site and Platform (collectively the foregoing are referred to as the “Services”). 

Please read this page carefully. By using the Services, “you” (whether you are a Customer, Organization Administrator, Authorized User or Individual) 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/

These Terms of Service are subject to change. We may, in our sole discretion, revise the Terms of Service at any time by updating this page. You should visit this page periodically to review the Terms of Service, as it is binding upon you.

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. The Services 

We are happy to provide you with the Services, which include the Clearstream web-based software and mobile app. The Services allow organizations to communicate with their members, visitors, staff, and volunteers via text message (so long as the recipients have provided their consent to receive text messages). 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.

Please note that you use the Services at your own risk. We do not warrant that the Services will be error-free, generate a desired result, or increase productivity. 

2. Users of the Services

There are four categories of users: Customers, Organization Administrators, Authorized Users and Individuals. Each type of user has different permissions and responsibilities, which are more fully defined below. Note we use the term “you” in these Terms of Service to refer to the user of the Services (whether you are a Customer, Organization Administrator, Authorized User, or Individual).

Customers

The organization (e.g., the Church or the non-profit entity) is our customer (the “Customer”). An individual who has the full authority to enter into binding contracts and conduct business on behalf of the Customer (the “Account Owner”) must be the person who creates the Clearstream account on Customer’s behalf (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.

By creating an Account, Customer represents and warrants that the Account Owner has full authority to create the Account; that all registration information that the Account Owner submits is truthful and accurate; and that Customer will maintain the accuracy of such information. If any of the Account information changes, the Account must be immediately updated with the current information. Information related to the Account can be changed or updated by logging into your Account and clicking on Settings. You can also contact us with questions on how to update or change your information by email at help@clearstream.io.

Organization Administrators

The Account Owner has full access to manage the Account and use the Services. The Account Owner may also designate others to have full access to manage the Account and use the Services. These users and the Account Owner are collectively referred to herein as “Organization Administrators.” 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.

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. In addition, 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). However, 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. 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.

In the event of a conflict among Organization Administrators 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 to 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/or Account until said conflict is resolved.

Authorized Users

“Authorized Users” are users who are granted permission to access the Services by an Organization Administrator. However, 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 (a) remove their access to the Services; (b) delete or change any information that such user has entered into the Services; or (c) delete the entire Account, which would result in the deletion of all data from Authorized Users.

Authorized Users shall 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 and/or instructions.

Individuals

“Individuals” are those who receive messages from the Customer through the Services who (a) have a connection with the Customer (e.g., a member of the congregation, a visitor of the church, or a staff member) and (b) have given their explicit written consent to the Customer to receive text messages from the Customer. The Customer must ensure that individuals HAVE GIVEN THEIR EXPLICIT WRITTEN CONSENT TO THE CUSTOMER TO RECEIVE TEXT MESSAGES AND AGREE TO THESE TERMS OF SERVICE. Customer will indemnify and hold us harmless from any claim or dispute arising out of the failure to obtain the individual’s consent to receive messages through the Services.

Individuals acknowledge and agree that the Customer and its agents can view, access and use the information and data that Individuals have sent through the Services. For example, Individuals understand and agree that any text messages they send 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.

3. Responsibilities of Customers, Organization Administrators, Authorized Users, and Individuals

Responsibilities of the Customer

The Customer shall ensure that Customer and all Organization Administrators, Authorized Users and Individuals comply with these Terms of Service and our Privacy Policy. The Customer further represents and warrants that it is responsible for itself as well as the conduct of Organization Administrators, Authorized Users and Individuals. The Customer agrees to hold us harmless for the conduct of Customer, the Organization Administrators, the Authorized Users and the Individuals per Section 17 (Indemnification). The Customer shall cooperate with us in ensuring that they, Organization Administrators, Authorized Users and Individuals comply with these Terms of Service.

The Services allow the Customer, Organization Administrators, Authorized Users and Individuals to enter, send and receive content and data (“Customer Data”). Customer Data may include or incorporate information related to third party individuals – for example, the names and telephone numbers of others (“Third-Party Information”). The Customer represents and warrants that it has the rights, basis, and permissions to enter, send and receive the Customer Data and Third-Party Information through the Services. Customer further understands and agrees that it shall bear all responsibility for the Customer Data and Third-Party Information, and Customer shall be responsible for resolving all disputes involving the Customer Data and Third-Party Information.

In the event that we are contacted by a person who has a dispute related to the Customer Data or Third-Party Information, we will notify Customer within 45 days. We have the right to suspend or terminate the Customer’s Account until the Customer and said person resolve their dispute. The Customer represents and warrants that it will hold us harmless from all claims and/or disputes related to the Customer Data and Third-Party Information, as more fully described in Section 17 (Indemnification).

To be clear, Customer is responsible for complying with all applicable laws, rules and regulations, and represents and warrants that it and its Organization Administrators, Authorized Users and Individuals will not use the Services in a manner that violates the laws, rules and regulations in the applicable jurisdiction.

YOU MAY NOT SEND ANY MESSAGE TO A RECIPIENT WHO HAS NOT GIVEN, THROUGH WRITTEN OR ELECTRONIC OR DIGITAL CONSENT, HIS/HER/THEIR CONSENT TO RECEIVE SUCH MESSAGES. WHEN A CUSTOMER OPTS OUT OF RECEIVING ANY FURTHER MESSAGES, CLEARSTREAM WILL AUTOMATICALLY REMOVE THE OPTED-OUT CUSTOMER FROM YOUR ACCOUNT.

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 Administrators shall also provide us with all necessary rights, permissions and/or consents necessary to grant us the rights and licenses in these Terms of Service, and all rights, permissions and/or consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of the Services.

Furthermore, Organization Administrators shall (a) ensure that Authorized Users and Individuals understand and comply with all Customer policies and practices that are relevant to their use of the Services; (b) ensure that the Authorized Users and Individuals understand and comply with these Terms of Service and our Privacy Policy; (c) obtain all rights, permissions and/or consents from Authorized Users and Individuals that are necessary to grant us the rights and licenses in these Terms of Service; and (d) obtain all rights, permissions and/or 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. Organization Administrators shall cooperate with us in ensuring that they, the Customer, Authorized Users and Individuals comply with these Terms of Service.

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: (a) comply with all Customer policies and practices that are relevant to the use of the Services; (b) comply with these Terms of Service and our Privacy Policy; (c) provide the Customer and/or Organization Administrators with all rights, permissions and/or consents that are necessary to grant us the rights and licenses in these Terms of Service; and (d) provide all permissions and/or consents to the Customer and/or 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.

Responsibilities of all Users

All users of the Services (whether you are a Customer, Organization Administrator, Authorized User or Individual) are responsible for their respective usernames, passwords, and the security of their devices and their Clearstream Account (if applicable). You may never use another’s username and password. You may not allow others to access or use the Services with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).

In addition, all users of the Services who sign up for an Account are responsible for providing their legal full name, a valid email address or mobile phone number, and any other information requested in order to complete the signup process. If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by logging into your Account, clicking on Settings and modifying the pertinent information. All users can also contact us with questions on how to update or change their information by email at help@clearstream.io. 

Finally, all users of the Services shall be responsible for complying with these Terms of Service, and further understand and agree that they are responsible for all information, data and content that they enter into, or send through, the Services, and all activity that occurs while using the Services.

4. Requirements For Use 

a. Use the Services only for the Acceptable Uses, 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 non-profit organization (the “Intended Purpose”). 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. 

b. 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. Specifically, you agree to comply with 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.

c. 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. Again, you must be over the age of 13 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. 

d. Obtain explicit written consent from recipients before sending messages

You must 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. 

e. Not be previously prohibited from using the Services

The Services may not be used by anyone we previously prohibited from using the Services.

f. Be a human

Accounts registered by “bots” or other automated methods are not permitted.

g. Don’t send certain messages explicitly prohibited by these Terms of Service

You shall not send any messages through the Services that contain content or data related to the following:

  • 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

  • Work from home programs

5. Acceptable Use of the Services

You agree that you will only use the Services for the Intended Purpose. You specifically agree that you will NOT:

  • Use the Services if you are under the age of 13.

  • Use the Services to send content or data to those under the age of 13.

  • Use the Services to send content or data to those who have not given their explicit written consent to receive content or data via text message from you. 

  • 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.

  • Use the Services to “stalk” or otherwise harass another.

  • Use the Services to collect or store personally identifying information about others without their explicit written permission.

  • Use the Services to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Use the Services to send any messages otherwise prohibited by these terms, including but not limited to the types of messages specifically listed in 4(g), above.  

  • When signing up for the Services, use misleading email address or enter false and/or misleading information.

  • Use the Services to 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 (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

  • Use the Services to upload, post, email, message, or otherwise transmit, or post links to any content or information that facilitates hacking.

  • Use the Services to 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.

  • Use the Services to 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.

  • Use the Services to 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.

  • Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.

  • 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, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.

  • Sell, distribute or make any commercial use of third-party information or content in a manner that could be expected to offend the person for whom the third-party information or content is relevant.

  • Engage in any of the following prohibited activities: (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,” etc., 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 that is specifically approved of by us.

  • Interfere with or disrupt the Services or servers or networks connected to the Services.

  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Services.

  • 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.

6. Monitoring, Security, and Third-Party Payment Processing

a. Monitoring

We have no obligation to monitor the Service, your use of the Services, or the data and content you send/receive through the Services. You acknowledge and agree that we have the right to monitor the Services electronically from time to time 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, https://clearstream.io/privacy-policy/

b. Security

While we take the security of the Services very seriously, we cannot ensure or guarantee the security of the Services, Platform, or our Site. Any such use shall be at your sole risk, and you shall relieve us and our affiliates of all liability in connection therewith.

c. Third Party Payment Processing

We use third parties to process payments related to the Services, which is currently Stripe. Therefore, you may be asked by the third-party payment processor to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any third-party payment processor will be accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. We are in no way responsible for any charges you incur when making purchases or other transactions. We may retain sufficient personal information from your purchase to report to the IRS or other government authority, and retain such information for at least the minimum statutory period. 

7.  Pricing and Payment Options, Agreement to Pay, Recurring Billing, Upgrades & Downgrades, Free Trials & Special Offers, and Refunds.

  • Pricing Options

By signing up for an Account and using the Services, you agree to pay the amount that corresponds to the pricing plan that you selected. Each pricing plan has different features, and can be viewed here: 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 you pay for the Services upon thirty (30) days prior written notice to you, at the email address which corresponds to your Account. You can cancel your Account at any time by logging into your Account and going to Settings, then clicking on “Plan,” and changing your plan. Or you can cancel by emailing us at help@clearstream.io.

  • Agreement to Pay 

If you elect to use your credit card or debit card to make a payment for the Services, we will process your payment through Stripe. You agree to pay the amount charged for the payment plan that you selected. 

You are also responsible for paying any sales and use taxes that may apply to your purchase. If you do not pay on time or if your payment method cannot be charged for any reason, we reserve the right to either suspend or terminate the Services, your access to the Platform, and your Account. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Services for this reason. Our third-party payment service providers (Stripe) may receive updated payment/banking information from your credit card or payment method issuer. The disbursement of this updated information is provided at the election of your credit card and payment method issuer. Neither we nor our third-party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.

  • Automatic Renewal.

If you create an account and sign up for the Services, your payment method will be automatically charged every month for the payment plan you selected on the day of the month that you initially signed up for the plan (unless you signed up for the Free Plan). We will continue to charge your credit card each month on the same day of the month that your credit card was first charged until you cancel your Account or downgrade to the Free Plan. For example, if you signed up for an Account 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, YOUR CREDIT CARD WILL BE AUTOMATICALLY CHARGED THE AMOUNT OF MONEY WHICH CORRESPONDS TO THE PAYMENT PLAN YOU SELECTED, AND YOUR ACCESS TO THE SERVICES WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS OF ONE MONTH. AS SUCH, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT THE THEN-CURRENT RATE ON THE SAME DAY OF THE MONTH, EACH MONTH, UNTIL YOU CANCEL YOUR ACCOUNT.

If you cancel your Account (or downgrade to the Free Plan) 24 hours prior to the date your payment method will be charged, you will not be charged for the next month. See Section 8, below, for how to cancel your Account.

  • Upgrades and Downgrades 

Optional paid services, such as extra capacity, are available on the Services (any such services, an “Upgrade”). You may also downgrade your current Services. You can upgrade or downgrade your plan by going to your Account, Settings, and selecting the billing section to change your plan. Or you can email us at help@clearstream.io.  

For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Services may cause the loss of content, information, features, or capacity of your Account. We shall not be liable for any such loss.

  • Free Plan and Free Trials 

We currently offer a Free Plan for the Services. We will not charge for you for this plan, unless you upgrade the Free Plan to one of the paid plans. 

We may offer free trials for the Services. Your payment method will be automatically charged the corresponding fee for the Services after the free trial ends. If you do not wish to be charged for the Services, please make sure to cancel your free trial before the last day of the free trial. 

  • Refunds

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. In order to treat everyone equally, no exceptions will be made. 

8. Cancellation And Termination

  • How to Cancel your Account

You are solely responsible for properly cancelling your Account. To cancel, you may log into your Account and go to Settings, then click on “Plan” to change your plan. Or you can cancel by emailing us at help@clearstream.io.  We will then proceed with taking the steps to cancel your Account, depending on which you specify. However, please be aware that if you cancel your Account, you will no longer have access to the Services and all data and content that you entered into, sent or received through the Services may be deleted (without the ability for recovery). 

Please note that we do not offer refunds if your Account is cancelled or terminated before the end of the month. 

  • We may Cancel (or suspend) your Account

We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of the Services for any reason at any time, including a violation of these Terms of Service. In addition, 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. In the event we terminate your Account, the termination will result in (i) the deactivation or deletion of your Account, and (ii) the forfeiture and relinquishment of all data and content you entered into, sent or received through the Services. After termination, you will no longer have access to the Services or the data in your Account. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account. 

9. Opting-out of messages

RECIPIENTS OF TEXT MESSAGES FROM SHORTCODES 97000, 94000, OR 55498: You may opt-out of receiving messages from the Services at any time by texting STOP to 97000, 94000, or 55498.

To stop receiving text messages from us or another user of our 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. 

After you send the message STOP, QUIT, END, CANCEL or UNSUBSCRIBE to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

If you are having trouble opting out of a campaign on our short codes [97000, 94000, or 55498] please call 917-818-4557 for assistance.

As always, Message and Data Rates May Apply. Message Frequency Varies.

10. Support for the Services.

The Services include access to email support at help@getclearstream.io, live chat through the Site, and phone support. “Email support” and “live chat” means the ability to make requests for technical support assistance by email or chat at any time (with reasonable efforts by us to respond to you within three business days) concerning the use of the Services. All support will be provided in accordance with our internal policies and procedures.

To receive help with any messages that you received or are trying to send through the Services, you may reply to any message you have received through the services with the word HELP at any time. If you are having trouble receiving help, please call 917-818-4557 for assistance.

11. Third Party Connectivity with the Services

You specifically represent and warrant that if you use the Services with a third-party product or platform (for example, via an integration or API), is at your own risk. You specifically acknowledge and agree that we are not responsible for damage and/or liability if you use the Services with a third-party product. To be clear:

  • We are not responsible if you or your profile is banned from a social media platform. 

  • Don’t mix our service with other automation tools. 

  • We are not affiliated with any third-party social media sites in any way.

  • It is your sole responsibility to comply with third party’s terms of service. 

  • In order to provide you with the Services, we must obtain required information for interacting with third-party services. 

  • 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. 

  • We reserve the right to modify, suspend or withdraw the whole or any part of our service or any of its content at any time without notice and without incurring any liability.

  • You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the Services.

12. Discontinuation of the Services.

We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to our Services, including the Platform (or any part thereof), with or without notice.

13. Intellectual Property Rights.

a. Our Intellectual Property

Our Services, including but not limited to the Platform and the text, graphics, images, logos, buttons, icons, software and other materials and the overall “look” and “feel” of the Platform, are (a) our property, and (b) our protected patents, copyrights, trademarks, and service marks (the “Company 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 the Company IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, make derivatives of, or distribute the Company IP unless you obtain our explicit written consent. We grant you a license to use the Company IP for the sole purpose of accessing and using the Services. Upon termination or suspension of your Account and/or your discontinuance of the Services, you must immediately cease and desist using the Company IP (and the Services in general).

b. Your Intellectual Property

We claim no intellectual property rights over your Customer Data (the data and content which you enter into, send or receive through the Services). However, we ask that you respect the law, and not violate anyone’s intellectual property rights. Thus, you represent and warrant that:

  • The Customer Data does not and will 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, and falls within the Acceptable Uses section of these Terms of Service.

  • The Customer Data does not include any Company IP.

  • There is no suit action or 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 by you under these Terms of Service.

  • You own all right, title and interest in the Customer Data, or, if the Customer Data incorporates (i) content/information created by another individual/entity or (ii) content/information from and/or about another individual/entity (collectively, “Additional Content”), you represent and warrant that you have all rights, licenses and applicable permissions required by law to post and use the Additional Content.

In addition to the foregoing, you acknowledge and agree that we may store and/or disclose, as applicable, any Customer Data 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 (a) comply with court orders or other legal processes; (b) to enforce these Terms of Service; (c) to respond to any claims that such content (or your use of the same) violates any third party’s rights; or (d) to protect our rights, property or personal safety, our business partners, affiliates, licensors and/or licensees, any other subscriber or member of our Services, or the general public.

c. License of the 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 use the Customer Data to provide the Services. 

d. Reservation of rights in keywords

We reserve the right to reclaim any keywords used on a Clearstream short code that are (a) not in use for greater than 90 days; (b) are used in an Account which is on the “Free” payment plan; or (c) 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.

e. Copyright Infringement 

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 work has been copied in a way that constitutes a copyright infringement, please send a written notification (see below for details) to our copyright agent at the following address:

Clearstream
260 South Tarragona St.
STE 150
Pensacola, FL 32502.

Or email dmca@clearstream.io

Notification. The written notification should include substantially 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.

Counter Notification. If you disagree that you are infringing on another’s work, you may elect to send us a counter notice 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. 

14. Changes to these Terms of Service.

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 on the Site and put a banner notice on the homepage of the Site for seven (7) days. It is your responsibility to check back to these Terms of Service 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. We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service.

15. Email Notifications and Your Communications With Us 

a. Email Notification & 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. Your Communications with us regarding improvements to the Services

You may contact us by email at help@clearstream.io, or by phone at +1 917-818-4557. 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 AND/OR ANY RELATED MATERIAL 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 AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/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 ANY THIRD PARTY.

16. Disclaimers and Warranties

a. Release and Limitations of Liability

You agree to release us and our employees, directors and officers 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 and/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 AND/OR THE DATA AND CONTENT WITHIN THE SERVICES (INCLUDING BUT NOT LIMITED TO THE PLATFORM), 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.

b. 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 (which include but are not limited to the Platform), any data or content contained within or related to the Services, any data or content available through Services, and documents or information available through the Services. 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 (INCLUDING BUT NOT LIMITED TO THE PLAFORM ITSELF), 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 MOBILE DEVICE, 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. 

SPECIFICALLY, WE DO NOT PROMISE OR WARRANT THAT YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO YOUR USE OF THE PLATFORM) 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.

17. Indemnification

You agree to indemnify and hold harmless Clearstream, LLC, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or relating to breach of these Terms of Service and your use of the Services, including but not limited to your violation of any other person’s intellectual property, your conduct (including but not limited to violations of the law), and your interactions with others while using the Services. 

18. Arbitration, Jury Trial Waiver, Class Action Waiver and 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 (a) first begin use of the Services, or (b) 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 labeled “Governing Law,” 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.

19. 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. Equitable relief

You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.

d. 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 18c, above), you consent to the personal and exclusive jurisdiction of the courts located in Pensacola, Florida. 

e. Entire agreement

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.

f. Digital admissibility

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.

20. Questions And 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