Terms of Service

Our terms and conditions

ClerkiQ Terms of Service

Last Updated:10 April 2025

1. Introduction and Acceptance of Terms

By accessing or using ClerkIQ (“Service”), you agree to be bound by these Terms of Service (“Terms”), including any additional guidelines or rules that may be published from time to time. If you do not agree to these Terms, please do not use the Service.

2. Description of the Service

ClerkIQ is a generative AI-powered application designed to automate accounting tasks, including but not limited to bank statement transaction extraction. Our goal is to streamline your accounting processes; however, as with many SaaS platforms, the Service is provided “as is” and may be subject to limitations inherent in its design.

3. AI-Powered Bank Statement Transaction Extraction

a. AI Functionality: ClerkIQ leverages advanced artificial intelligence algorithms to extract and process transaction data from bank statements.

b. No Guarantee of Perfection: While we strive for accuracy and reliability, you acknowledge and agree that the AI component is not infallible. Due to the inherent complexity and variability of financial data, occasional errors or misinterpretations may occur.

c. User Responsibility: It is your responsibility to review, verify, and reconcile the AI-generated outputs. ClerkIQ expressly disclaims any liability for errors, omissions, or inaccuracies arising from the AI's analysis. You must ensure that any decisions or actions taken based on the AI-generated output are subject to your independent review.

4. Payment and Billing

a. Payment Terms: ClerkIQ operates on a pay-as-you-go model. You pay only for the bank statement pages you process using our credit system. All fees and payment terms will be clearly outlined during the purchase process and in your account details.

b. Page Credits: Processing bank statements requires page credits, which can be purchased in bundles. Credits never expire and remain in your account until used.

c. Trial Credits: New teams receive 30 free trial credits to get started. No credit card is required to begin using the service.

d. Refund Policy: Detailed refund policies, if applicable, can be found in our billing guidelines. You agree to pay all applicable fees incurred by you or your designated users in accordance with the terms in effect at the time of purchase.

5. User Obligations and Account Security

a. Accuracy of Information: You agree to provide accurate, current, and complete information as part of your registration and throughout your use of the Service.

b. Account Security: You are responsible for safeguarding your account login credentials and for all activities that occur under your account.

c. Responsible Use: You agree to use the Service in compliance with all applicable laws and regulations and in a manner that does not infringe on the rights of others.

6. Intellectual Property Rights

a. Ownership: The Service and its original content, features, and functionality are and will remain the exclusive property of ClerkIQ or its licensors.

b. License: Subject to these Terms, ClerkIQ grants you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your internal business purposes.

7. Disclaimers and Limitation of Liability

a. Disclaimer of Warranties: The Service is provided "as is" and "as available" without any warranties, express or implied, including but not limited to the accuracy, reliability, or suitability of the Service.

b. Limitation of Liability: In no event will ClerkIQ, its affiliates, or licensors be liable for any indirect, incidental, consequential, special, or punitive damages (including loss of profits, data, or business opportunities) arising out of or related to your use of the Service—even if advised of the possibility of such damages.

c. Force Majeure: ClerkIQ shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control.

8. Indemnification

You agree to indemnify, defend, and hold harmless ClerkIQ, its officers, directors, employees, and agents from and against any claims, liabilities, losses, damages, costs, or expenses, including reasonable attorney fees, arising from your use of the Service or any breach of these Terms.

9. Termination and Suspension

a. Termination: ClerkIQ reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to the Service or its users.

b. Effects of Termination: Upon termination, your right to use the Service will immediately cease, and any backup or stored data might be deleted. Any provisions of these Terms which by their nature should survive termination (such as disclaimers, indemnification, and limitations of liability) will continue in full force and effect.

10. Changes to the Terms of Service

ClerkIQ reserves the right to modify or update these Terms at any time. All changes will become effective upon posting of the updated Terms on our website. Your continued use of the Service following any changes constitutes your acceptance of the new Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of laws rules. Any disputes arising out of or relating to these Terms shall be resolved through negotiation between the parties, and if a resolution cannot be reached, through binding arbitration or in a court of competent jurisdiction within South Africa.

12. Privacy and Data Security

Your privacy is important to us. Please refer to our Privacy Policy for details on how we collect, process, and secure your personal data. By using the Service, you consent to our data practices as described therein.

13. Miscellaneous

a. Entire Agreement: These Terms constitute the entire agreement between you and ClerkIQ regarding the use of the Service, superseding all prior agreements or understandings.

b. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

c. Waiver: Any failure by ClerkIQ to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that provision.

d. Contact Information: If you have any questions or concerns about these Terms, please contact us at support@clerkiq.com or through our website's contact portal.

Additional Suggestions for Standard Terms in a SaaS Product

• Data Backup and Recovery: Include clauses that explain your data backup procedures and limits of liability in case of data loss.

• Service Level Agreements (SLAs): Clearly describe any performance standards or uptime guarantees along with remedies or credits for service interruptions.

• Updates and Maintenance: Specify your rights to update, modify, or temporarily suspend the Service for maintenance or improvements.

• Third-Party Integrations and Services: Define the terms under which third-party services are provided and clarify that you are not liable for issues arising from these integrations.

By continuing to use ClerkIQ, you confirm that you have read, understood, and agree to be bound by these Terms.