Last Updated: December 13, 2024

Welcome to ClearCut. These Terms of Service ("Agreement") are a legally binding contract between you and Bear Serenity LLC ("ClearCut," "we," "our," or "us") governing your use of the ClearCut mobile application and related services ("Services").

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

THE SERVICES ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. CLEARCUT IS NOT A MEDICAL PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT FOR ALCOHOL USE DISORDER, ALCOHOL DEPENDENCY, OR ADDICTION. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING CHANGES TO YOUR ALCOHOL CONSUMPTION, ESPECIALLY IF YOU DRINK REGULARLY OR HEAVILY.

ALCOHOL WITHDRAWAL CAN BE DANGEROUS OR LIFE-THREATENING. IF YOU EXPERIENCE WITHDRAWAL SYMPTOMS (TREMORS, SWEATING, ANXIETY, NAUSEA, HALLUCINATIONS, SEIZURES), SEEK IMMEDIATE MEDICAL ATTENTION.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

To use the Services, you must be:

• At least 21 years of age
• Capable of forming a legally binding contract
• Not previously banned from the Services

By using the Services, you represent that you meet these requirements.

You may need to create an account by providing your name and email address. You are responsible for maintaining accurate account information.

Your personal data (journal entries, drink logs, gratitude entries, progress, etc.) is stored locally on your device, not on our servers. This means:

• We cannot access, view, or recover your data
• If you delete the app or lose your device, your data will be lost
• You are responsible for backing up your device

We may offer a free trial. You will be charged automatically when the trial ends unless you cancel beforehand.

Subscriptions renew automatically. All payments are processed through the Apple App Store or Google Play Store - we do not collect your payment information directly.

Cancel anytime through your app store account settings. No refunds for partial billing periods. You retain access until your paid period ends.

We may change prices with notice. Continued use after a price change constitutes acceptance.

You agree NOT to:

• Use the Services for any illegal purpose
• Reverse engineer, decompile, or disassemble the app
• Attempt to gain unauthorized access to the Services
• Interfere with or disrupt the Services
• Copy, distribute, or create derivative works from our content
• Use automated tools to access the Services

All content, features, and functionality of the Services (including lessons, text, graphics, logos, and software) are owned by Bear Serenity LLC and protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.

Any feedback you provide becomes our property, and we may use it without compensation to you.

By using the Services, you acknowledge that:

• ClearCut is an educational self-help tool, NOT medical treatment
• The Services do not provide medical, psychiatric, or therapeutic services
• Calculations (money saved, calories avoided) are estimates only
• You should consult a healthcare provider before making significant changes to alcohol consumption
• You will seek medical attention if you experience adverse health effects

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEAR SERENITY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $100.

WE ARE NOT LIABLE FOR ANY HEALTH OUTCOMES, PERSONAL INJURY, OR DEATH RESULTING FROM YOUR USE OF THE SERVICES OR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICES.

You agree to indemnify and hold harmless Bear Serenity LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising from:

• Your use of the Services
• Your violation of this Agreement
• Your violation of any third-party rights
• Any harm resulting from your reliance on information provided through the Services

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Before filing any claim, you agree to contact us at info@bearserenity.co and attempt to resolve the dispute informally for at least 30 days.

If we cannot resolve the dispute informally, you agree that any dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

YOU AND BEAR SERENITY LLC AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. All disputes must be brought in your individual capacity.

Either party may bring claims in small claims court. Either party may seek injunctive relief in court for intellectual property infringement.

Any claim must be filed within one (1) year after the cause of action arises, or it is permanently barred.

We may suspend or terminate your access to the Services at any time, for any reason, without notice. Upon termination, your right to use the Services ends immediately. Sections 5-12 survive termination.

Governing Law: This Agreement is governed by the laws of the State of Kansas, without regard to conflict of law principles.

Jurisdiction: For disputes not subject to arbitration, you consent to the exclusive jurisdiction of state and federal courts in Johnson County, Kansas.

Entire Agreement: This Agreement constitutes the entire agreement between you and Bear Serenity LLC regarding the Services.

Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

No Waiver: Our failure to enforce any right does not waive that right.

Assignment: You may not assign this Agreement. We may assign it freely.

Changes: We may modify this Agreement at any time. Continued use after changes constitutes acceptance.

Questions? Contact us at:

Bear Serenity LLC
Email: info@bearserenity.co

By using ClearCut, you acknowledge that you have read, understood, and agree to these Terms of Service.