Last updated February 20, 2020

Hey! Thank you for choosing to be part of our community at Clay Labs Inc, doing business as Clay ("Clay", "we", "us", "our"). Please read this terms of use agreement (the “Terms of Use”) carefully and if you have any questions or concerns about these Terms of Service please contact us at [email protected].

This website and any other websites of Clay Labs, Inc. (“Clay”), its affiliates or agents (collectively, the “Website”) and the information on it are controlled by Clay. These terms of use govern your access to and use of the website and any services provided by Clay, its affiliates or agents through the website or on which a link to this terms of use is displayed (each a “service” and collectively, together with the website, the “Services”). By clicking on the “I Accept” button, completing the registration process and/or accessing or using the services, you represent and warrant that you have the right, authority and capacity to enter into these terms of use (on behalf of yourself and, as applicable, the entity that you represent). If the individual entering into these terms of use or otherwise accessing or using the services is doing so on behalf of, or within his or her capacity as a representative, agent or employee of an entity, such individual and such entity agree that: (I) the terms “you” and “your” as used herein apply to such entity and, as applicable, such individual; and (ii) you represent and warrant that the individual entering into these terms of use has the power, right, authority, and capacity to enter into these terms of use on behalf of such entity. If you do not agree to be bound by the terms of use, if you are an individual under the age of 18, you have previously been removed or banned from the services by Clay, or your access to or use of the services is illegal or prohibited under applicable law, you may not access or use the services.

If you purchase a subscription to the services or any feature of the services (a “Subscription” and each such service a “Subscription Service”), then your subscription will continue for the duration set forth at the time of purchase and will be automatically renewed for additional periods of the same duration as the initial term at Clay’s then-current fee for such subscription services unless you decline to renew your subscription in accordance with section 7.2 below.

Please be aware that section 15, below, contains provisions governing how claims that you and we have against each other are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of this agreement. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.

Any dispute or claim relating in any way to your use of the services will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this agreement.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you on the Services. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms, which are hereby incorporated by reference, are referred to herein as the “Agreement.”

Please note that the Agreement is subject to change by Clay on a going-forward basis in its sole discretion at any time. When changes are made, Clay will make a new copy of the modified Terms of Use and any modified Supplemental Terms available on the Services. Any changes to the Agreement will be effective immediately for new users of the Services and will be effective for continuing users upon the earlier of: (i) thirty (30) days after posting notice of such changes on the Services for existing users; (ii) thirty (30) days after dispatch of an e-mail notice of such changes to you; or (iii) you providing consent to the updated Agreement in a specified manner, as applicable. Unless otherwise stated, your continued use of the Services constitutes your acceptance of such change(s). If you do not agree to any change(s) after receiving a notice of such change(s), you may not be permitted to continue using the Services.

<aside> ⚡ So, let's get started.

</aside>

TABLE OF CONTENTS