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Clever Sessions TOS

Clever Sessions Terms of Service

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1. Agreement

By subscribing to, installing or using Clever Sessions, you agree to these Terms of Service. If you do not agree, do not install or use the plugin.

These terms are between you and Cleverly Genius LLC, a Mississippi limited liability company in Rankin County, Mississippi ("Cleverly Genius," "we," "us"). If you accept them for a business or organization, you confirm you have authority to bind it.

Definitions

  • Clever Sessions (the "Plugin"): the Clever Members companion plugin for selling, booking and holding one-on-one video sessions, with its updates and documentation.
  • You (the "Customer"): the website owner who subscribes to the Plugin.
  • Host: you, or anyone you let hold sessions on your website.
  • Visitor: a person who books, pays for or joins a session on your website.
  • Session: a one-on-one video meeting booked through the Plugin.
  • Package: a session offer you create, with its price, length and number of sessions.

2. License and Subscription

Clever Sessions is licensed by subscription, never sold. Your subscription gives you a limited, non-exclusive, non-transferable license to use the Plugin on the one website it was activated for, while your subscription is active.

  • Ownership. Cleverly Genius keeps all rights to the Plugin, its code and its design. You may not resell, share, sublicense, copy for another website, or reverse engineer the Plugin, or remove its license checks.
  • Clever Members required. The Plugin works only with an active, supported version of Clever Members.
  • Renewal. Subscriptions renew automatically through PayPal at the price shown at purchase until canceled. Prices may change at renewal; we will give notice before a change takes effect.
  • Cancellation. You may cancel anytime in Clever Members (Plugins and Services) or in your PayPal account. The Plugin keeps working until the end of the period you paid for, then stops.
  • Refunds. Subscription payments are not refunded, including for partial periods, unless the law requires it.
  • Lapsed subscriptions. If a payment fails or a subscription ends, the Plugin stops working. Your packages, bookings and settings stay in your website's database and work again if you resubscribe.

3. Your Responsibilities

You are the seller of your sessions. Cleverly Genius provides the software only and is not a party to any agreement between you and your visitors.

  • Your services. You are solely responsible for the sessions you offer and hold, what you say and do in them, and any advice you give.
  • Your policies. You set your own prices, session policy, cancellation and refund terms, and must honor them. Refunds made through the Plugin come from your payment processor account.
  • Licenses and laws. You must hold any license, certification or insurance your services require. You must follow the laws that apply to you and your visitors, including consumer protection, privacy, tax and professional rules.
  • Visitor information. You collect visitors' names, email addresses, phone numbers and notes. You are responsible for having a privacy policy that covers this, and for handling, keeping and deleting this information lawfully.
  • Recording. The Plugin does not record sessions. If you record a session by any other means, you must get every participant's consent first, as the law requires.
  • Acceptable use. You may not use the Plugin for anything illegal, harmful, harassing, fraudulent, adult or sexually explicit, or to meet with minors without the consent of a parent or guardian.
  • Your account and website. You are responsible for your website, its hosting, backups, security, and who you give access to Clever Sessions.

4. Video Calls, Networks and Data

Video calls connect directly between the host's and the visitor's browsers (peer to peer). Cleverly Genius does not host, relay, watch, listen to or record them.

  • No guaranteed connection. Some networks block direct video calls, including company, school, hotel, airport and public Wi-Fi networks and some mobile carriers. The Plugin includes a connection test and a phone fallback, but we do not guarantee that any call will connect or stay connected, or its video or sound quality.
  • No relay server included. The Plugin does not include a relay (TURN) server. If you add one in Settings, you are responsible for that service, its cost and its terms.
  • Outside services. To set up calls, browsers contact free public connection servers run by third parties (such as Google and Cloudflare). These services are outside our control and may change or stop.
  • Equipment. Calls need a current web browser, a camera, a microphone and a working internet connection. Screen sharing works on desktop browsers only.
  • Where data is kept. Packages, bookings, visitor details, chat messages and payment records are stored in your website's database. Cleverly Genius does not receive or store them. Connection messages and chat are deleted from your website automatically after one day.
  • Not for emergencies. The Plugin must not be used for emergency services or for any situation where a dropped call could cause harm.

5. Payments from Your Visitors

Visitors pay you directly through the payment processor set up in Clever Members (PayPal, Square or Stripe). Cleverly Genius never receives, holds or handles your visitors' money or card details.

  • Processor terms. Your use of PayPal, Square or Stripe is governed by your agreement with that company. You pay its fees, and you handle its disputes, chargebacks and account holds.
  • Refunds. Automatic refunds (for example, when you decline a paid request) depend on your processor. If one fails, you must refund the visitor in your processor's account.
  • Taxes. You are responsible for any sales tax or other taxes on your sessions, and for collecting and reporting them.
  • Records. The Plugin records payments in Clever Members' Payments Received. You are responsible for checking them against your processor's records.

6. Disclaimers and Limits of Liability

No warranty. The Plugin is provided "as is" and "as available." To the fullest extent the law allows, Cleverly Genius disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the Plugin will be error-free or uninterrupted, or that it will work with every theme, plugin, host, browser or device.

Limit of liability. To the fullest extent the law allows, Cleverly Genius is not liable for indirect, incidental, special, consequential or punitive damages. This includes lost sessions, lost income, missed or failed calls, payment or refund problems, and lost or exposed data. Our total liability for any claim about the Plugin is limited to the subscription fees you paid us in the 12 months before the claim.

Indemnification. You agree to defend and hold harmless Cleverly Genius, its owners and its employees from claims, losses and costs (including reasonable attorney's fees) that come from your sessions, your services, your dealings with visitors, your misuse of the Plugin, or your breaking these terms or the law.

7. Support, Termination and General Terms

  • Updates and support. Active subscriptions include Plugin updates and help with the Plugin itself. Support does not cover your hosting, network, payment processor or other plugins. We may add, change or remove features.
  • Termination. We may suspend or end your license if you break these terms, misuse the Plugin, or fail to pay. You may stop anytime by canceling and removing the Plugin. Sections 3 through 7 continue after the license ends.
  • Changes to these terms. We may update these terms. The version shown when you subscribe or renew applies; using the Plugin after an update means you accept it.
  • Governing law. These terms are governed by the laws of the State of Mississippi. Any dispute will be resolved in the state or federal courts serving Rankin County, Mississippi.
  • Entire agreement. These terms, with the Clever Members terms, are the whole agreement about the Plugin. If any part is found unenforceable, the rest stays in effect. Not enforcing a term is not a waiver of it.
  • Contact. Questions about these terms: Cleverly Genius LLC, through cleverlygenius.com.

Terms of Service