Terms of Service

Please read these Terms of Service carefully before using the Service.

Self-hosting. The Clerq software is open source and you can run it on your own infrastructure ("Self-Hosting"). When you Self-Host, your use of the software is governed by its open-source licence (GNU AGPL-3.0-only), not by these Terms. These Terms apply to the Website and to Clerq Cloud, the hosted service we operate. See the Self-Hosting and the Open-Source Licence section below.

Interpretation and Definitions

Interpretation

The terms defined below have the meanings given to them here. These definitions have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

Account means a unique account created for you to access our Service or parts of our Service.
Clerq Cloud means the hosted version of the Clerq software that we operate and make available at app.useclerq.net.
Company (referred to as either "the Company", "we", "us" or "our" in this Agreement) refers to Shay Stephan Lee Punter, Korunni 2569/108, Vinohrady, 101 00 Praha, Czech Republic (Business No / IČO: 23507101, VAT: CZ0003091869).
Country refers to: Czech Republic.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.
Self-Hosting (or a Self-Hosted Instance) means running the open-source Clerq software on infrastructure that you or a third party control, rather than using Clerq Cloud.
Service refers to the Website and Clerq Cloud.
Terms (also referred to as "Terms of Service") mean these Terms of Service that form the entire agreement between you and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service (for example, signing in with Google).
Website refers to Clerq, accessible from https://useclerq.com.
You (or you) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

These are the Terms of Service governing the use of this Service and the agreement that operates between you and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Service.

You represent that you are over the age of 16 and able to enter into a binding contract. If you create an Account on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Service and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

Self-Hosting and the Open-Source Licence

The Clerq software is released as open source under the GNU AGPL-3.0-only licence.

If you Self-Host Clerq, your use of the software is governed by that licence, and not by these Terms, and you do so on your own responsibility and at your own risk. We do not operate, support, or have access to a Self-Hosted Instance.

These Terms apply to the Website and to Clerq Cloud, the hosted service we operate at app.useclerq.net. Where these Terms refer to the Service, they mean the Website and Clerq Cloud.

User Accounts

To use Clerq Cloud you must create an Account. When you create an Account, you must provide information that is accurate and complete at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your Account.

You are responsible for safeguarding the credentials that you use to access the Service and for any activities or actions taken under your credentials, whether with Clerq Cloud or a Third-party Social Media Service. You agree not to disclose your credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

If you create a business with more than one member, the Account owner is responsible for managing access to that business.

Open Beta

Clerq Cloud is currently offered free of charge during an open beta. This means:

Features may change, break, or be removed while we develop the product.
We provide no service-level agreement (SLA) and no guarantee of uptime, availability, or that data will be preserved without fault.
We may introduce paid plans for hosting in future. If we ever do, we will give you reasonable notice, and Self-Hosting will always remain free.

We strongly recommend that you keep your own exports or backups of important data during the beta.

Acceptable Use

You agree not to use the Service:

for any unlawful purpose, or to store or process data that you have no right to;
to attempt to break, overload, probe, or gain unauthorized access to the Service or to other users' data;
to resell or provide the hosted Service to third parties as if it were your own;
to upload malware, or to use the Service to infringe the rights of others.

We may suspend or terminate access that breaches these Terms or that risks harm to the Service or to other users.

Your Content and Data

You retain all rights to the data and content you put into the Service ("your content"), including information about your clients. You grant us the limited licence needed to host, store, process, back up and display your content solely to operate the Service for you.

You are responsible for your content and for ensuring that you have the right to process any personal data it contains (for example, your clients' details). As between you and your clients, you are the data controller. Our handling of personal data is described in our Privacy Policy.

AI Assistant Connections

Clerq Cloud offers an optional connection (an MCP server) that lets you connect an AI assistant to operate your back office. If you choose to connect one, you authorise it through a consent screen and grant it scoped access to the data in your Account.

The AI provider processes your data under their terms, which are outside our control. You are responsible for what you connect and for the actions you instruct an assistant to take.

Clerq Is a Tool, Not Professional Advice

Clerq helps you track time, manage clients and projects, and produce invoices and expense records. It is software, not accounting, tax, or legal advice.

You are responsible for the correctness of your invoices, tax treatments, VAT handling, currency conversions, and for meeting your own legal and regulatory obligations. Currency conversions use third-party reference rates (European Central Bank rates, via Frankfurter) and are provided as a convenience without warranty of accuracy.

Feedback

You assign all rights, title and interest in any Feedback you provide to the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.

Intellectual Property

The Clerq software is licensed under the GNU AGPL-3.0-only licence, and your rights to the software are set out in that licence.

The Service itself (excluding your content) and the Clerq name, logo and brand are and will remain the exclusive property of the Company and its licensors. The Clerq name, logo and brand are not granted to you by these Terms or by the software licence, and may not be used in connection with any product or service without the prior written consent of the Company. Website content is owned by us or our licensors.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

You may stop using the Service and delete your Account at any time.

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms, or if your use risks harm to the Service or to other users. We may also discontinue the hosted Service with reasonable notice.

Upon termination, your right to use the Service will cease immediately. You may export your data before deletion, after which we may delete your content except where the law requires us to retain it.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, or goodwill, arising out of or in any way related to the use of or inability to use the Service.

Because Clerq Cloud is provided free of charge during the beta, the entire liability of the Company under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the greater of (a) the amount actually paid by you to the Company for the Service in the 12 months before the claim (which, during the free beta, is zero) or (b) EUR 100.

To the maximum extent permitted by applicable law, nothing in these Terms limits or excludes liability that cannot be limited or excluded by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected. This is particularly relevant given the free, beta nature of the Service.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such cases the exclusions and limitations set out in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (b) you are not listed on any United States government list of prohibited or restricted parties.

Indemnification

You agree to indemnify and hold harmless the Company and its officers, contractors and licensors from and against any claims, losses, liabilities and costs (including reasonable legal fees) arising out of or in connection with your content, your use of the Service in breach of these Terms, or your breach of the rights of others (including your clients' data-protection rights).

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will update the "Last updated" date at the top of these Terms, and for any material change we will take reasonable steps to notify account holders before the new terms take effect.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service and your Account.

Contact Us

If you have any questions about these Terms, you can contact us:

By email: [email protected]
By post: Shay Stephan Lee Punter, Korunni 2569/108, Vinohrady, 101 00 Praha, Czech Republic