Legal

Last Modified Date: 01/17/2025

Account agreements are managed by our trusted fintech partner, Dwolla. You can review the terms and conditions of the Dwolla account agreement here: https://www.dwolla.com/legal/dwolla-account-terms-of-service

Last Modified Date: 05/16/2023

Welcome to getclearing.co (the “Site”), a website of Clearing Tech Inc, a Delaware corporation (“Clearing”, “we,” or “us”). This page explains the terms by which you may use the financial services we make available to you on our Site (collectively the “Services”).

By submitting your application to obtain an account to access Clearing’s services (“Account”) and to use the Services, you signify that you have read, understood, and agree to be bound by these Clearing Terms of Service (“Agreement”) and other applicable terms and conditions referenced and incorporated in this Agreement, and to the collection and use of your information as set forth in the Clearing Privacy Policy, available here. You also agree to receive all notices and other communications from us electronically, as provided for in our E-Sign Consent and Electronic Communications Agreement, available here. By agreeing to these terms, you also agree to Clearing Account Agreement, available here.

Clearing reserves the right to make unilateral modifications to these terms and will provide notice of these changes by posting an updated version to our legal page.

“Company” or “You” means the legal entity that is applying for or that has opened an Account to use the Services and the individual applying for the Account. If you are the individual applying for the Account for a business, you represent and warrant that you are an authorized representative of Company with the authority to bind Company to this Agreement, and that you agree to this Agreement on Company’s behalf.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Scope of the Services; Use of the Services; Eligibility

A. Eligibility. This is a contract between you and Clearing. You must read and agree to these terms before using the Services. If you do not agree, you may not apply for an Account or use the Services. You may only apply for an Account or use the Services for business purposes, if you are a legal entity formed and registered in the United States and can form a binding contract with Clearing and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use of or access to the Services for consumer or non-commercial purposes, or by anyone under 18 is strictly prohibited and in violation of this Agreement. There may be other eligibility requirements applicable to specific Services.B. Scope of the Services. We offer the following Services through our proprietary software as a service platform that we host for our customers. Clearing offers an online platform for property managers to manage the finances of their rental properties.

You acknowledge and agree that:

1. Clearing does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on Clearing an obligation to perform any services other than those expressly undertaken by Clearing.
2. Clearing does not render legal, brokerage, or other professional advice or services to its customers.

C. Partner agreement with Dwolla. In order to use the payment functionality of the Clearing application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through the Dwolla account are held or transferred by Dwolla’s financial institution partners as described in the Dwolla Terms of Service. You authorize Clearing to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through the Clearing application, and Dwolla account notifications will be sent by Clearing, not Dwolla. Clearing will provide customer support for your Dwolla account activity, and can be reached at support@getclearing.co.

If you are a Property Manager registering Homeowners or Vendors in order to let them receive payments from you via our service, you:

1. Consent to adding them as “Receive Only” users to your Account in our platform, as defined by Dwolla, and agree to securing their approval to do so;
2. Will verify that Receive Only users are at least 13 years old or have obtained parental permission if under 18 to receive funds.  
3. Authorize us to collect and share with Dwolla the required information about such Receive Only users, including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.
4. qExpressly authorize Clearing Tech, Inc’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account.

D. Applying for an Account. You will need to provide Company information and certain personal information (collectively, “Company Information”), when you submit your application to obtain an account to access Clearing’s services (“Account”). Company Information may include your registered business name and state of incorporation, the business address, ownership details, the nature of the business, and other business information we may request from time to time; the name, contact information, and date of birth of beneficial owners and certain other personnel, and other personal information; and a corporate registration certificate, proof of address, personal identification, and any other documentary information used to verify business and personal information. We provide Company Information to our third-party service providers to determine your eligibility for the Services. We rely on the accuracy of the Company Information you provide us when opening and maintaining your Account. We may deny your applications, suspend provision of the Services to you, or close your Account if Company Information is out of date, incomplete, or inaccurate. At any time during the term of this Agreement and as part of your use of the Services, we may require additional Company Information from you to verify your identity and the identity of your business, to obtain other information about your business, to open and maintain an Account and aspects of the Services, to assess your financial condition, and to evaluate the risks associated with your business. You expressly consent and authorize us to retrieve additional Company Information about Company and its owners or directors from our vendors and other third parties to solely to assess the history and risks of the business and to prevent fraud, including by obtaining information from credit reporting agencies and information bureaus, and you authorize and direct such third parties to compile and provide such information to us. You acknowledge that this may include names, addresses, credit history, and other data. You acknowledge that we may use Company Information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business.

E. Account Management and Security. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. We encourage you to use “strong” passwords (for recommendations on what constitutes a strong password, check NIST SP 800-63B) with your Account. You must notify Clearing immediately of any breach of security or unauthorized use of your Account. Clearing will not be liable for any losses caused by any unauthorized use of your Account. We may suspend access to your Account if we believe that your Account has been compromised.

F. Prohibitions. You may not use the Account or the Services (a) for any purpose that is unlawful or prohibited by this Agreement; (b) for any personal, family, household, or other use that is not related to Company’s business purpose; (c) for the benefit of an individual, organization, or country identified on the United States Office of Foreign Assets Control’s Specially Designated Nationals List, or (d) for any third parties unaffiliated with Company.

G. Collection and Right to Set-Off. You agree to pay all amounts owed to us on demand. Your failure to pay amounts owed to us under this Agreement is a breach and you will be liable for any costs we incur during collection in addition to the amount you owe. Collection costs may include attorneys’ fees, costs of arbitration or court proceedings, collection agency fees, any applicable interest, and any other related cost.

2. Proprietary Rights

A. Limited License. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. Clearing reserves all rights not expressly granted herein in the Services and the Clearing IP (as defined below). Clearing may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content available on the Site (the “Clearing IP”), and all Intellectual Property Rights related thereto, are the exclusive property of Clearing and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Clearing IP. Use of the Clearing IP for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

B. Feedback. You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place Clearing under any fiduciary or other obligation, and that we are free to use your Feedback without any additional compensation to you, or to disclose your Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Clearing does not waive any rights to use similar or related ideas previously known to Clearing, or developed by its employees, or obtained from sources other than you.C. Copyright Complaints. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:Clearing TechAttn: Copyrights122 W 29th Street, 4th Floor, New York, 10001 NYTo meet the notice restrictions under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3. Site Data and Privacy

You understand that by using the Services you consent to the collection, use and disclosure of Company Information and aggregate data we collect from your use of the Services (“Site Data”) as set forth in our Privacy Policy, and to have Company Information and Site Data collected, used, transferred to and processed in the United States. You grant us a worldwide, irrevocable license to use, modify, distribute, copy, and create derivative works from Site Data for the purposes identified in this Agreement. Clearing uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Company Information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use Company Information for improper purposes. You acknowledge that you provide Company Information at your own risk.

4. Third-Party Links and Information

The Services may contain links to third-party materials that are not owned or controlled by Clearing. Clearing does not endorse or assume any responsibility for any such third-party services, information, materials, products, or Services. If you access a third-party website, application or service from the Services, you do so at your own risk, and you understand that this Agreement and Clearing's Privacy Policy do not apply to your use of such third-party services. You expressly relieve Clearing from any and all liability arising from your use of any third-party websites, applications, services, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Clearing shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

5. Indemnification

You agree to defend, indemnify and hold harmless Clearing and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, and our third-party service providers, from and against any and all third-party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of, related to, or resulting from : (a) your use of and access to the Services, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) your intentional misconduct; or (f) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

6. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLEARING OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CLEARING ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE INFORMATION PROVIDED TO YOUR THROUGH THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.CLEARING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CLEARING WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEARING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL CLEARING BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CLEARING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OROLID ANY OTHER BASIS, EVEN IF CLEARING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8. Payment Terms and Termination

This Agreement is effective when you submit your application to us and continues until terminated by either you or us, any third-party payment processor agreements, or as otherwise set forth in this Agreement. By accepting these terms and conditions, you agree to the following payment terms:

Monthly Recurring Subscription with Auto-Renewal

1. Users opting for the monthly subscription plan will be billed on a monthly basis, on the first of each month.
2. Payment is due at the beginning of each monthly billing cycle.
3. Monthly subscribers have the flexibility to cancel their subscription at any time. However, please note that the current month's charges are non-refundable.

Annual Recurring Subscription with Auto-Renewal

1. Users who choose the annual subscription plan will be billed for the entire year at the time of purchase.
2. The annual subscription will automatically renew at the end of each subscription term unless canceled by the user.
3. If an annual subscriber decides to cancel their subscription before the end of the subscription term, they will not be entitled to a refund for the remaining months.

Renewals

A. Monthly Subscription:

1. Monthly subscriptions will renew automatically at the end of each billing cycle unless canceled by the user.
2. Users will continue to be billed on a monthly basis until the subscription is canceled.

B. Annual Subscription:

1. The annual subscription will automatically renew at the end of the subscription term.
2. Users will receive a notification prior to the renewal date, reminding them of the upcoming renewal.

Non-Refundable Fees

Implementation Fee:

1. In addition to the subscription charges, we charge a one-time Implementation Fee for the initial setup, onboarding & training process.
2. The Implementation Fee is non-refundable, regardless of whether the user decides to cancel their subscription.

Termination

A. Monthly Subscription:

1. Users on the monthly subscription plan can cancel their subscription at any time.
2. Upon cancellation, the user will not be billed for future months, but the current month's charges are non-refundable.
3. Users will continue to have access to the service until the end of the current billing cycle.

B. Annual Subscription:

1. Annual subscribers have the option to cancel their subscription before the end of the subscription term.
2. In the event of cancellation, users will not be entitled to a refund for the remaining months of the subscription.
3. The subscription will remain active until the end of the current annual billing cycle.

Refundable fees

• We are committed to providing a high-quality service, and we offer a 30-day money-back guarantee for recurring fees.
• If you are not satisfied with our service within the first 30 days of your subscription, you may request a full refund of the recurring fees paid. Implementation fees are not refundable.

Automatic Payment Authorization

By subscribing to our SaaS product, you authorize us to charge your credit card automatically for recurring payments as outlined in the chosen subscription plan. The automatic payment will be processed based on the selected billing frequency (monthly or annually) and the initial payment method provided during the signup process.

Payment Authorization for Monthly Recurring Subscription

For users who have selected the monthly recurring subscription plan, your credit card will be charged automatically on a monthly basis. The payment will be processed at the beginning of each billing cycle to cover the charges for the upcoming month of service.

Payment Authorization for Annual Recurring Subscription

For users who have chosen the annual recurring subscription plan, your credit card will be charged automatically for the entire annual subscription fee at the time of purchase. Subsequently, the automatic payment will be processed on the renewal date at the end of each subscription term to ensure uninterrupted access to the service.

Updating Payment Information

To ensure uninterrupted service and smooth processing of payments, it is your responsibility to keep your payment information up to date. If there are any changes to your credit card details, such as expiration date or billing address, please promptly update the information in your account settings or contact our support team for assistance.

Payment Security

‍We take the security of your payment information seriously and implement industry-standard security measures to protect your data. All credit card transactions are processed securely through trusted payment gateways to safeguard your sensitive financial information.

Notification of Payment Charges

Before each payment is processed, you will receive an email notification with details of the upcoming charge, including the amount and the scheduled payment date. This will give you an opportunity to review the charges and ensure that your payment information is current.

By accepting these terms and conditions, you acknowledge that you have read and understood these payment terms and agree to abide by them throughout your subscription period. It is important to review and understand these terms before making a purchase decision.

You also acknowledge that you have read and understood the automatic payment authorization section and consent to the automatic processing of your credit card for recurring payments in accordance with the chosen subscription plan. If you have any questions or concerns regarding the payment terms or need assistance with updating your payment information, please do not hesitate to contact our support team for further assistance.

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9. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

A. Governing Law. You agree that: (i) the Services shall be deemed solely based in Delaware, except as may be set forth in the Bank Provider Agreements; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the federal and state courts located in Delaware or any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. Subject to Section 11.B, you agree that the federal or state courts located in Delaware is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration provision below is found to be unenforceable.

B. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CLEARING. For any dispute with Clearing, you agree to first contact us at 122 W 29th Street, 4th Floor, New York, 10001 NY and attempt to resolve the dispute with us informally. In the unlikely event that Clearing has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims arising from protection of Intellectual Property Rights, breach of Confidential Information, which will be resolved through litigation in accordance with Section 11.A, or for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS. Claims with amounts claimed greater than $250,000 will apply the JAMS Comprehensive Arbitration Rules and Procedures; and Disputes with amounts claimed less than or equal to $250,000 will apply the JAMS Streamlined Arbitration Rules. The arbitration will be conducted in Delaware, unless you and Clearing agree otherwise. If JAMS cannot administer the Claim, either party may petition the United States District Court for the District of Delaware to appoint an arbitrator. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Either party may commence arbitration by providing a written demand for arbitration to JAMS and the other party detailing the subject of the Claim and the relief requested. Each party will continue to perform its obligations under this Agreement unless that obligation or the amount (to the extent in dispute) is itself the subject of the Claim. Nothing in this Section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights. Proceedings and information related to them will be maintained as confidential, including the nature and details of the Claim, evidence produced, testimony given, and the outcome of the Claim, unless such information was already in the public domain or was independently obtained. Company and Clearing, and all witnesses, advisors, and arbitrators will only share such information as necessary to prepare for or conduct arbitration or other legal proceeding, or enforcement of the outcome, unless additional disclosure is required by law.

C. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained an Account or used the services for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Clearing are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

10. Communication

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number, about any product or services offered by Clearing. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from Clearing, and that you may decline to provide or revoke your consent at any time by emailing legal@getclearing.co or by any other method that reasonably ensures we receive your revocation.By providing us with a telephone number, you agree that Clearing may record any telephone conversation with you (or any another individual) during any telephone call to or from that number for training purposes, whether or not the call was initiated by you, and whether or Clearing disclosed the fact that the call was recorded during the call.

11. General

A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Clearing without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to the Agreement. You consent to us providing notices to you under this Agreement electronically and understand that this consent has the same legal effect as a physical signature. We will provide notices to you electronically through your Account, and via the email provided to us by you. If you sign up to receive certain Clearing notifications or information via text or SMS, you may incur additional charges from your wireless provider for these notices. You agree that you are solely responsible for any such charges. Notices affecting the terms of this Agreement will be sent to you and are considered received 24 hours after they are sent. You understand that you may not use the Services unless you consent to receive notices from us electronically. You may only withdraw consent to receive notices electronically by closing your Account. Notices may include alerts about the Services, your Account and may provide you the ability to respond with information about your Account. You may disable notification preferences to limit the use of certain Service features or to decrease financial risks to the Company. You are required to maintain a regularly updated web browser, and computer and mobile device operating systems to receive notices correctly. You will be responsible for all costs imposed by internet or mobile service providers for sending or receiving notices electronically. Contact us immediately at support@getclearing.co or 122 W 29th Street, 4th Floor, New York, 10001 NY if you are having trouble receiving notices from us.

C. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Clearing in connection with the Services, shall constitute the entire agreement between you and Clearing concerning your Account and the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

D. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Clearing’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. Legal Orders. We may respond to and comply with any subpoenas, warrants, liens, or any other legal order we receive related to your use of the Services. We are not responsible to you for any losses you incur due to our response to such legal order. We may hold funds or provide information as required by the issuer of the legal order or take any other actions we believe are required of us under legal orders. Where permitted, we will provide you reasonable notice that we have received such an order.

F. Survival. Any and all provisions of this Agreement reasonably giving rise to continued obligations of the parties will survive termination of this Agreement.

G. Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Clearing as a result of this Agreement or your use of the Site.

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Last Modified Date: 05/01/2023

This policy describes how Clearing Tech Inc. (“Clearing,” “we,” “us,”) collects, aggregates, stores, safeguards and uses the data and information (including non-public personal information, or “NPI”) provided by users through our website, https://getclearing.co/ (the “Site”), as well as information collected by us through other means, including by email, over the phone, or in offline communications. This Site is operated by Clearing and has been created to provide information about our Clearing, products, and services (together, the “Services”). We take your privacy and the security of your information seriously.This policy explains:

• What information we collect, and how we use it
• Choices you can make about the way your information is collected and used
• How we protect personal information electronically and physically

This policy is incorporated into and a material term of your registration and/or use of Clearing’s products and services, including our website, https://getclearing.co/. By using the Site or Services, you consent to the practices set forth in this Privacy Policy. When the Privacy Policy mentions “Company,” “we,” “us,” or “our,” it refers to the Clearing Tech Inc, a Delaware C-corp corporation you are contracting with in this policy.

INFORMATION WE COLLECT

Information You Provide to Us

Clearing collects information from you when you choose to provide it to us through the Site or through any other means. This may include when you create an account on the Site, register or request products or services, request information from us, sign up for newsletters or our email lists, use our Site, or otherwise contact us.The information we collect may include the following:

Identification Information

• Name
• Email address
• Postal address
• Date of birth
• Phone number
• Social Security Number or Taxpayer Identification Number if you are a US person
• A copy of your passport number if you are not a US person
• Other government-issued identification number, if needed

Commercial information

Such as information about properties you own or manage, e.g., property address if you choose to provide it.

Transaction Information

Such as information about rent or other payments you make or receive, like the names of the transacting parties, a description of the transactions, the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions. As explained below, this type of information may also be collected through your use of the Services.

Tax information

Such as withholding allowances and tax filing status.

Information We Automatically Collect

We may use cookies or other technologies to automatically collect certain information when you visit our Site or interact with our emails. For example, if you are responding to an offer, promotional email or other email from us, we may automatically populate your personal information into our system once you enter your offer code or similar identifying device or otherwise accept your offer or promotion. Additionally, we may automatically collect certain non-personal information from you such as your browser type, operating system, software version, and Internet Protocol ("IP") address. We also may collect information about your use of the Site, including the date and time of access, the areas or pages that you visit, the amount of time you spend using the Site, the number of times you return, whether you open, forward, or click-through emails, and other Site usage data.You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the "Help" menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. Please note that our system may not respond to Do Not Track requests or headers from some or all browsers.

HOW WE USE INFORMATION WE COLLECT

Clearing uses the data and information you provide in a manner that is consistent with this Privacy Policy and applicable law. If you provide personal data for a certain reason, we may use the personal data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the personal data you provide to answer your question or resolve your problem. Also, if you provide personal data in order to obtain access to the Site or Services, we will use your personal data to provide you with access to such services and to monitor your use of such services.Clearing may also use your personal data and other personally non-identifiable information collected through the Site or the provision of the Services to help us improve the content and functionality of the Site or the Services, to better understand our users and to improve the Site and the Services. Clearing and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you.Clearing uses Plaid Inc. (“Plaid”) to gather your data from financial institutions. By using the Service, you grant Clearing and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid end user privacy policy.

SHARING OF INFORMATION WE COLLECT

Clearing does not sell or re-sell information it has obtained from its customers and website visitors. There are, however, certain circumstances in which we may share your personal data with certain third parties without further notice to you, as set forth below:

Service Providers

Service Providers help us operate, maintain, and update our Services e.g.:

• Dwolla, Inc. (“Dwolla”) provides us with ACH and account services; You will need to accept the Dwolla Terms of Service and Privacy Policy
• Plaid Inc. (“Plaid”) to gather your data from financial institutions. You can learn more about how personal and financial information is transferred, stored, and processed by Plaid through the Plaid Privacy Policy.
• Specialist vendors who help us with fraud prevention, identity verification, and fee collection services;
• Companies that help us run our advertising campaigns, contests, special offers, or other events or activities;
• Other companies who deliver services on our behalf, including via the use of cookies and similar automated technologies, such as third-party analytics and interest-based advertising.

Agents, Consultants, and Third-Party Service Providers

Clearing, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Business Transfers

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets.

Related Companies

We may also share your personal data with our corporate affiliates and subsidiaries, if any, for purposes consistent with this Privacy Policy.

Legal Requirements

Clearing may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Clearing, (iii) act in urgent circumstances to protect the personal safety of users of the Site, the Services or the public, or (iv) protect against legal liability.

LINKS TO OTHER WEBSITES

The Site may have links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites, nor does any such link imply that Clearing endorses or has reviewed the third party site subject to such link. We suggest contacting those sites directly for information on their privacy policies.

CHILDREN AND MINORS

Clearing does not knowingly collect personal data from minors under the age of 18. If you are under the age of 18, please do not submit any personal data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal data without their permission. If you have reason to believe that a minor under the age of 18 has provided personal data to Clearing through the Site or the Services, please contact us, and we will endeavor to delete that information from our databases.

DATA SECURITY

We recognize that you are providing some sensitive information in connection with your use of the Services and that security is critical to our Services. As such, we take security precautions, and will continue to vigilantly safeguard your sensitive Personal Information. Our servers are maintained by a reputable third-party service provider. We separate the application server (servers that you interact with) and the database servers (servers that store our data). We encrypt any stored sensitive information, such as bank numbers, routing numbers, and all passwords using 256-bit encryption technology.While we make reasonable efforts to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal data to Clearing via the Internet.

ACCESS TO YOUR PERSONAL INFORMATION

We will honor the following requests that you may have about the personal information we have collected from and about you. We will extend our best efforts to respond within a calendar month of your request.

Verifying Your Request

Only you or a person who you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify your identity or authority to make the request. We may otherwise limit our response to your request.

Obtain a copy

Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of Personal Information we have collected about you.
• The categories of sources for the Personal Information we have collected about you.
• Our business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you

Update or Correct

Upon request, we will update or correct specific pieces of Personal Information we have collected from you. We may ask you to provide additional verification information to confirm and justify such changes.

Delete

Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.We may deny your deletion request if retaining the Personal Information is necessary for us or our service providers, for example, to:

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Comply with a legal obligation such as data retention obligation under the Bank Secrecy Act.

Upon your request to terminate your account entirely, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Opt out of Sharing

Once we receive and confirm your verifiable consumer request, we will stop further sharing of your Personal Information to the extent that such sharing is not necessary for the continuation of our services to you, as described in Section 3 above.In particular, you may request not to receive any future marketing communications from us, or you wish to have your name deleted from our mailing lists if you do not have an active account with us.

CHANGES TO THIS POLICY

Clearing reserves the right to revise this Privacy Policy at any time. When we do, we will post the change(s) on the Site. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site and the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

CONTACT INFORMATION

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, or wish to exercise your access rights described in Section 7 above,  please do not hesitate to contact us:

• By email at: privacy@getclearing.co
• In writing at: Data Protection Officer, Clearing Tech Inc., 122 W 29th Street, 4th Floor, New York, 10001 NY
• By completing the online contact form inside your Clearing online account

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Last Modified Date: 05/01/2023

It is our goal to provide you with as many digital options as possible, including providing information to you electronically. We are required by law to give you certain information in writing. This means you have the right to receive that information on paper. With your consent, we can provide it to you electronically, instead.

In this Agreement:

• "We," "us," "our," and "Clearing" mean Clearing.
• "You" and "your" mean the person giving this consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any Clearing product that you apply for, use or access.
• "Communications" means each disclosure, notice, agreement, fee schedule, privacy policy, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.

You agree to receive electronic Communications from us.

As part of your relationship with us, we will provide you with Communications. By accepting this Agreement, you consent to receive Communications in electronic form for any products, services and accounts that you have or apply for, either now or in the future. You also consent to the use of electronic signatures in your relationship with us.We may still choose to provide you with information on paper even though you have consented to receive it electronically. In some cases, we are not permitted by law to deliver certain Communications to you electronically. However, if the law changes in the future and permits additional Communications to be delivered electronically, this Agreement will automatically cover those Communications as well.

Electronic Records and Signatures Agreement

You agree that, notwithstanding any other provision in any agreement between you and us, whether now existing or entered into in the future, that:- An electronic or other copy of a signed Communication shall be considered as effective as an original.- At our option, any Communication may be in the form of an electronic record and may be executed using electronic signatures.- Communications may be sent electronically by us (i) by sending the Communication to the recipient’s Authorized Email Address, or (ii) by posting the Communication on a website and sending a notice to the recipient’s postal address or Authorized Email Address.- In the absence of actual notice of non-delivery received by us, Communications sent electronically pursuant to this paragraph shall be effective when sent and shall constitute notice of the Communication.We may, at our option, use or accept manually signed paper Communications which have been converted into electronic form (such as scanned into PDF format), or an electronically signed Communication converted into another format, for transmission, delivery and/or retention. If any promissory note issued to us, as lender, is electronically executed by you or your authorized representative (“Electronic Note”), you agree that we (and any person to whom we later transfer the Electronic Note), shall have the right to convert the Electronic Note at any time into a paper-based Note (“Paper-Based Note”), which will be an effective, enforceable and valid original written instrument. You also agree that (1) the execution of the Electronic Note will be deemed issuance and delivery of the Paper-Based Note, and (2) the printing of the representation of the electronic signature(s) upon the Paper-Based Note will be deemed the original signature(s) on the Paper-Based Note and will serve to indicate the signer’s present intention to authenticate the Paper-Based Note.It is intended that this E-Consent (together with the definition of “Communication” as used in this E-Consent) is and will be deemed integrated into, and form a part of, all agreements between you and us, whether now existing or entered into in the future.

We may deliver electronic Communications to you in several ways.

When we deliver electronic Communications to you, we will either: (1) email them to you; (2) post them on our website; (3) present them on-screen or for download through one of our online services; (4) include them in other electronic Communications that we are delivering to you, such as electronic account statements; or (5) in the manner specified in any other agreement we have with you. If we are not emailing or presenting the information to you directly, we will tell you where you can go to view that information.If you seek to obtain a new product, service or account with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us. If you choose not to receive electronic Communications or use electronic signatures in connection with the new product, service or account, that choice does not mean you have withdrawn your consent with respect to any other product, service or account.

You will need some technology to receive electronic Communications.

To receive and retain electronic Communications from us, you will need the following:

• A computer or mobile device with an operating system that supports everything below;
• A connection to the internet;
• A current version of a web browser that we support. You should check the system requirements periodically for updates to supported software;
• A hard drive or other data storage unit;
• A valid, active email address; and
• A current version of a program that displays PDF files (such asAdobe® Reader®).

If our hardware and software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the change. Continuing to use our electronic services after receiving notice of updates to our system requirements signifies your acceptance of the change and reaffirmation of your consent.

Please keep your contact information up to date.

It is your responsibility to keep all of your contact information current so that we can send you electronic Communications. You can update your email address and other contact information by editing your profile in the Clearing web application. You may also contact us at hello@getclearing.co

You may have the option to receive paper copies.

We may choose to make paper copies of certain electronic Communications available upon request. You can request paper account statements or paper copy of any communication via email, at no fee, at hello@getclearing.co

You can withdraw your consent to receive electronic Communications.

You have the right to withdraw this consent at any time. Withdrawing consent may terminate your access to certain electronic services. You may also no longer be able to use certain Clearing products. After we have processed your withdrawal, future Communications required to be in writing will be delivered to you on paper, subject to applicable fees. To withdraw your consent to receiving electronic Communications, you may contact us via email at hello@getclearing.co. Your withdrawal of consent will become effective only after we have had a reasonable opportunity to act upon it.

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