Terms of Service

1. Publisher identification

The MyCleark service is published by an individual domiciled in Belgium (hereinafter "the Publisher"). Contact: [email protected].
Belgian law applies. Any dispute falls under the exclusive jurisdiction of the judicial district of Brussels.

2. Subject

MyCleark is an email and calendar management automation service using artificial intelligence, connected to the user's Google account. These Terms of Service (hereinafter "ToS") govern access to and use of the service, as well as payment terms. They apply equally to individuals and businesses/companies, unless otherwise stated.

3. Access to the service

Access requires a valid Google account and a paid subscription. The user must be at least 18 years old (or a duly authorised representative for a company). The Publisher reserves the right to refuse or terminate access in case of breach of these ToS.

4. Subscriptions and pricing

The service is offered as a monthly or annual subscription, according to the plan chosen at sign-up. Prices are VAT-inclusive. The applicable VAT is that in force in Belgium at the time of invoicing.

Billing: payment is charged at subscription and at each billing period (monthly or annual). Payments are processed by Stripe, Inc. (USA), PCI-DSS certified.

Right of withdrawal (consumers): in accordance with Article VI.47 of the Belgian Code of Economic Law, consumers have a 14-calendar-day period to exercise their right of withdrawal, unless the service has started with their express agreement before the end of that period. By clicking "Activate my AI assistant", the user expressly acknowledges that service execution starts immediately and waives their right of withdrawal.

Business users/companies: the provisions on the right of withdrawal (Art. VI.47 to VI.53 of the Belgian Code of Economic Law) apply only to consumers within the meaning of Article I.1, 2° thereof. Business users and companies do not benefit from this right.

5. Cancellation

The user may cancel their subscription at any time from their dashboard. Cancellation takes effect at the end of the current billing period, already invoiced. No prorated refund is granted, unless required by law.

The Publisher may terminate the service immediately and without compensation in case of material breach of these ToS, fraudulent conduct or use contrary to Belgian or European law.

6. User obligations

The user undertakes to:

• Use the service only for lawful purposes and in compliance with applicable law;
• Not attempt to circumvent security mechanisms;
• Not use the service to send unsolicited communications (spam);
• Maintain the confidentiality of their login credentials;
• Notify the Publisher without delay of any unauthorised access to their account.

7. Liability and limitation

The service is provided "as is". The Publisher undertakes to use all reasonable means to ensure service availability and reliability, without guarantee of result.

The Publisher's liability is limited to the total amount of subscriptions paid in the 12 months preceding the loss. The Publisher shall not be liable for indirect losses, lost profits, or immaterial damages. This limitation does not apply in cases of fraud, gross negligence, or damages to physical integrity.

The user remains solely responsible for the content of their emails, their use of the service and compliance with applicable laws regarding their communications.

8. Intellectual property

All elements constituting the service (interfaces, code, trademarks, logos) are the exclusive property of the Publisher or are subject to a licence. Any reproduction, even partial, is prohibited without prior written authorisation.

9. Personal data

The processing of personal data is described in our Privacy Policy. In accordance with the GDPR (Regulation EU 2016/679) and the Belgian law of 30 July 2018, the user has the right of access, rectification, erasure and portability of their data. The user may also lodge a complaint with the Belgian Data Protection Authority (APD) at apd-gba.be.

10. Amendments to ToS

The Publisher reserves the right to modify these ToS at any time. Active users will be informed by email at least 15 days before any material change takes effect. Continued use of the service after that date constitutes acceptance of the new ToS. Users who do not accept the new ToS may cancel their subscription free of charge before the effective date.

11. Governing law and jurisdiction

These ToS are governed by Belgian law. Any dispute shall be submitted to the courts of the judicial district of Brussels, without prejudice to consumers' rights to bring proceedings before the courts of their place of domicile in accordance with Article 624 of the Belgian Code of Civil Procedure.

Consumers may also use the European Commission's online dispute resolution platform: ec.europa.eu/consumers/odr.