Terms & Conditions

1. Introduction

These Terms & Conditions (“Terms”) govern your use of the website at cleverlands.com and of the software products and applications published by CLEVERLANDS LLC, except where a specific product is provided under its own terms.

CLEVERLANDS LLC (“CLEVERLANDS”, “we”, “us” or “our”) is a limited liability company organized under the laws of the State of New Mexico, United States, with its registered principal place of business at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States.

If you engage CLEVERLANDS to carry out professional services such as software development or consulting, those services are governed by our Terms of Engagement and the applicable proposal, statement of work or contract, rather than by these Terms.

2. Acceptance of these terms

By accessing or using this website or any CLEVERLANDS product, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the website or the products.

If you use our website or products on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms, and “you” refers to both you and that organisation. You must be of the age of legal majority in your jurisdiction, or have the consent of a parent or legal guardian, to use our services.

3. Use of this website

This website is provided for general information about CLEVERLANDS and its products and services. We may change, add to or remove content, pages and features at any time without notice.

Information published on this website is provided in good faith and for general informational purposes. It does not constitute professional, legal, financial or technical advice, and it should not be relied upon as the sole basis for a decision. Nothing on this website constitutes an offer capable of acceptance, and no contract is formed by using the website.

4. Applications and digital products

CLEVERLANDS may publish software applications and digital products, including mobile applications distributed through third-party app stores. Applications currently published by CLEVERLANDS are listed on our Apps & Products page.

Unless the applicable agreement or licence says otherwise, software published by CLEVERLANDS is licensed to you, not sold. Subject to your compliance with these Terms and any product-specific terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the software for its intended purpose. You may not sublicense, resell, rent or redistribute it.

Where you obtain a CLEVERLANDS application through an app store, your download and any purchase are also subject to that store’s terms. The store is not a party to these Terms and has no responsibility for the application beyond what its own terms provide.

5. User accounts

Some CLEVERLANDS products may require an account. Where they do:

• You must provide accurate information and keep it up to date.
• You are responsible for keeping your credentials confidential and for activity carried out under your account.
• You must notify us promptly if you believe your account has been accessed without authorisation.
• You may not share, transfer or sell your account, or use another person’s account without permission.
• You may close your account at any time, as described in our Privacy Policy.

We may decline to create, or may close, an account where doing so is necessary to comply with law or to prevent harm, abuse or a breach of these Terms.

6. Acceptable use

When using our website or products, you must not:

• Break any applicable law or regulation, or infringe anyone’s rights.
• Attempt to gain unauthorised access to any system, account, network or data.
• Probe, scan or test the vulnerability of our systems, or circumvent any security or authentication measure, except with our prior written permission.
• Interfere with or disrupt the operation of our services — including through denial-of-service attacks, excessive automated requests or the introduction of malicious code.
• Scrape, harvest or systematically extract data from our services, except as permitted by our robots directives or with our written permission.
• Reverse engineer, decompile or disassemble our software, except to the extent that applicable law expressly permits it despite this restriction.
• Remove, obscure or alter any proprietary notice, or use our services to build a competing product by copying them.
• Upload or transmit unlawful, defamatory, deceptive, harassing or infringing material, or use our services to send unsolicited bulk messages.
• Impersonate any person or organisation, or misrepresent your affiliation with CLEVERLANDS.

7. Intellectual property

The website, the CLEVERLANDS name and logo, our software, and the text, design, graphics, code and other material we publish are owned by CLEVERLANDS LLC or its licensors and are protected by intellectual property laws. Except as these Terms expressly permit, you may not copy, reproduce, modify, distribute, publicly display or create derivative works from them without our prior written consent.

You may view, download and print material from this website for your own internal, non-commercial reference, provided you do not alter it and you retain all notices. No other licence is granted, and all rights not expressly granted are reserved.

Trademarks, product names and logos belonging to other organisations remain the property of their respective owners. Where they appear on this website, they are used for identification only and do not imply endorsement, affiliation or partnership.

8. Content you submit

Some CLEVERLANDS products or forms may allow you to submit content — for example an enquiry, a support message, a file or feedback. You retain ownership of what you submit.

By submitting content, you grant CLEVERLANDS a non-exclusive, worldwide, royalty-free licence to store, process, reproduce and use it to the extent necessary to operate the relevant service and respond to you. You confirm that you have the rights necessary to submit the content and that it does not infringe anyone else’s rights or break any law.

We do not undertake to monitor submitted content, but we may remove content that breaches these Terms or that we are required to remove. If you send us feedback or suggestions, you agree we may use them without obligation or compensation to you.

9. Third-party services

Our website and products may link to or integrate with services operated by others — including app stores, payment providers, authentication providers and hosting or infrastructure services. Those services are controlled by their own operators, subject to their own terms and privacy policies.

We include links and integrations for convenience and function. We do not control third-party services, do not endorse them by linking to them, and are not responsible for their content, availability, security or practices. Your use of them is at your own risk and governed by your agreement with the relevant operator.

10. Availability of services

We aim to keep our website and products available and working correctly, but we do not guarantee uninterrupted or error-free availability. Services may be unavailable or degraded because of maintenance, updates, technical faults, third-party provider failures, or events outside our reasonable control.

We may suspend, withdraw or restrict all or part of our website or products for business or operational reasons. Where a service level commitment applies, it will be set out in a separate written agreement — no service level, uptime target or support response time is promised by these Terms.

11. Software updates

We may issue updates, patches, new versions and configuration changes to our software. Updates may add, change or remove features, and may be required for the software to keep functioning, to remain secure, or to remain compatible with the platforms it runs on.

Where an application is distributed through an app store, updates are delivered through that store and may install automatically depending on your device settings. We do not undertake to support indefinitely older versions of our software, or platform versions that their own vendors no longer support.

12. Product-specific terms

An individual CLEVERLANDS product may be provided under its own terms of service, licence or end-user agreement. Where product-specific terms exist, they apply to that product in addition to these Terms, and where the two conflict, the product-specific terms prevail for that product.

CLEVERLANDS does not provide regulated financial, banking, insurance, investment, payment, healthcare, or legal services, and nothing on this website should be read as an offer to do so. If CLEVERLANDS ever offers a product that falls within a regulated activity, that product will be governed by separate terms addressing the applicable regulatory requirements, and this website will not be the basis on which it is offered.

13. Payments and subscriptions

This website does not sell products and does not process payments. Where a CLEVERLANDS product is offered on a paid or subscription basis in future, the price, billing frequency, renewal terms, cancellation method and applicable taxes will be stated clearly before you commit, in that product’s own terms or at the point of purchase.

Where a purchase is made through an app store, the store processes the payment under its own terms, manages the subscription and renewal, and is the party you deal with for billing questions. Fees for professional services provided to business clients are governed by our Terms of Engagement and the applicable proposal or contract.

14. Refunds

Because this website does not sell products, no refund policy applies to it. Where a paid CLEVERLANDS product exists in future, its refund terms will be stated in that product’s own terms.

Where a purchase was made through an app store, refunds are handled by that store under its own refund policy, and requests should be made to the store. Nothing in these Terms limits any statutory right to a refund or remedy that applies to you under consumer protection law and cannot be excluded.

15. Disclaimer

To the fullest extent permitted by applicable law, our website and products are provided “as is” and “as available”, without warranties or conditions of any kind, whether express, implied or statutory. In particular, CLEVERLANDS disclaims any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that our website or products will meet your requirements, that they will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that content is accurate, complete or current. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

16. Limitation of liability

To the fullest extent permitted by applicable law, CLEVERLANDS LLC and its members, officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, data or data use, arising out of or in connection with your use of, or inability to use, our website or products — whether based in contract, tort (including negligence), strict liability or any other legal theory, and whether or not we were advised of the possibility of such damages.

To the fullest extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms, the website, or any free CLEVERLANDS product will not exceed one hundred United States dollars (USD 100). Where you have paid CLEVERLANDS for a product under these Terms, our total aggregate liability in respect of that product will not exceed the amount you paid for it in the twelve months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or under any non-excludable statutory consumer guarantee. If applicable law does not allow the limitations in this section, they apply to the maximum extent that law permits.

17. Indemnification

You agree to indemnify and hold harmless CLEVERLANDS LLC and its members, officers, employees and agents from and against any claims, liabilities, losses, damages, costs and reasonable legal fees arising out of or in connection with your breach of these Terms, your misuse of our website or products, your infringement of a third party’s rights, or content you submit. We will notify you of any such claim and may, at our option, participate in its defence at our own expense; you may not settle a claim in a way that imposes an obligation on us without our written consent.

18. Suspension and termination

We may suspend or terminate your access to our website, products or account, in whole or in part and with or without notice, if we reasonably believe you have breached these Terms, if suspension is necessary to protect our services, users or systems, or if we are required to do so by law. Where circumstances allow, we will give you notice and an opportunity to remedy the problem.

You may stop using our website and products at any time, and may close any account you hold. On termination, the licence granted to you ends and you must stop using the affected software. Sections that by their nature should survive termination — including intellectual property, disclaimer, limitation of liability, indemnification, governing law and dispute resolution — continue to apply.

19. Changes to services

We may change, improve, restrict or discontinue any part of our website or products at any time. Where we discontinue a product that you actively use and we hold your contact details, we will give reasonable notice where it is practical to do so, and will explain how to export your data if the product holds any.

20. Changes to these terms

We may revise these Terms from time to time. The current version is always published on this page with its effective date. Where a change is material, we will take reasonable steps to bring it to your attention — for example a notice on the website or, where appropriate, a direct notification.

Changes take effect from the date they are published. Continuing to use our website or products after that date indicates that you accept the revised Terms. If you do not accept them, you should stop using the website and products.

21. Governing law

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of the State of New Mexico, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to section 22, the state and federal courts located in the State of New Mexico have exclusive jurisdiction, and you and CLEVERLANDS consent to the personal jurisdiction of those courts. If you are a consumer, this does not deprive you of the protection of mandatory consumer law in your country of residence, or of the right to bring proceedings in the courts of that country where applicable law gives you that right.

22. Dispute resolution

If a dispute arises, we ask that you contact us first using the details in section 23 and describe the problem. Most issues can be resolved quickly and informally, and we will engage in good faith to do so.

If a dispute cannot be resolved informally within 30 days of being raised in writing, either party may pursue the remedies available to it in the courts identified in section 21. Each party will bear its own costs unless a court orders otherwise. Nothing in this section prevents either party from seeking urgent injunctive or equitable relief to protect its intellectual property or confidential information, or from bringing a claim in a small claims court where it is eligible to do so.

23. How to contact us

For questions about these Terms, or to send a formal notice:

If any provision of these Terms is found unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions will stay in force. Our failure to enforce a provision is not a waiver of it. These Terms, together with our Privacy Policy and any applicable product-specific terms, form the entire agreement between you and CLEVERLANDS regarding the website and products they cover. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.

Related pages: Privacy Policy, Terms of Engagement, Support.