Terms of Use

Last Updated: May 8th, 2023

These ClearConsensus Platform Terms of Use are between PeerNova, Inc. (“PeerNova”) and you, the customer (“Customer”) accessing and using our web platform at https://clearconsensus.com and https://clearconsensus.io (the “Platform”). These Platform Terms (as defined below) are a legally binding contract between Customer and PeerNova regarding Customer’s use of the Platform.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY ACCESSING OR USING THE PLATFORM, CUSTOMER AGREES THAT CUSTOMER HAS READ AND UNDERSTOOD, AND, AS A CONDITION TO CUSTOMER’S USE OF THE PLATFORM, CUSTOMER AGREES TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY [https://clearconsensus.com/privacy-policy/] (“Privacy Policy”, TOGETHER, THESE “PLATFORM TERMS”). IF CUSTOMER IS NOT ELIGIBLE, OR DOES NOT AGREE TO THE PLATFORM TERMS, THEN CUSTOMER DOES NOT HAVE PEERNOVA’S PERMISSION TO USE THE PLATFORM. CUSTOMER’S USE OF THE PLATFORM, AND PEERNOVA’S PROVISION OF THE PLATFORM TO CUSTOMER, CONSTITUTES AN AGREEMENT BY PEERNOVA AND BY CUSTOMER TO BE BOUND BY THESE PLATFORM TERMS.

1. Overview; Eligibility. The Platform is intended for use in connection with Customer’s subscription to the service known as ClearConsensus (“ClearConsensus Service”) under the Order Form to which these Platform Terms are attached (“Order Form”) pursuant to the MLA between Customer and TP ICAP Group (“TPICAP”). These Platform Terms govern Customer’s use of the Platform only. If Customer does not have an active subscription to the ClearConsensus Service under such Order Form, Customer does not have permission, and may not access or use the Platform. The individual accepting these Platform Terms on Customer’s behalf represents and warrants that they have authority to bind Customer to these Platform Terms, and Customer agrees to be bound by these Platform Terms.
2. Account. To access the Platform, Customer will need an account. Upon Customer’s subscription to the ClearConsensus Service, TPICAP will provide Customer with the necessary credentials for Customer to access and set up its account on the Platform. Customer may authorize its employees (“Authorized Users”) to access and use the Platform in accordance with Customer’s license to the ClearConsensus Service under the Order Form. Customer is solely responsible for maintaining the confidentiality of Customer’s account and password, and Customer accepts responsibility for all activities that occur under its account and the acts and omissions of its Authorized Users. If Customer believes that its account is no longer secure, then Customer must notify PeerNova at CCSupport@clearconsensus.com.
3. Feedback. If Customer chooses to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform or the ClearConsensus Service in general (“Feedback”), then Customer hereby grants PeerNova an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.
4. Support. The Order Form and MLA will govern the support services made available to Customer, including with respect to issues relating to the Platform. PeerNova is not obligated to provide any support under these Platform Terms.
5. No Warranty. Except as otherwise expressly provided under the MLA, PeerNova makes no representation or warranty with respect to the Platform under these Platform Terms.
6. General. These Platform Terms, including the Privacy Policy, are the entire and exclusive understanding and agreement between Customer and PeerNova regarding the subject matter hereof. The failure to require performance of any provision will not affect PeerNova’s right to require performance at any other time after that, nor will a waiver by PeerNova of any breach or default of these Platform Terms, or any provision of these Platform Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. These Platform Terms are governed by the laws of the State of California without regard to conflict of law principles.