1. Acceptance of Terms
By creating an account, accessing, or using ClienBiz ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.
Throughout these Terms, "ClienBiz," "we," "our," and "us" refer to ClienBiz LLC, a Delaware limited liability company, and its affiliates, successors, and assigns.
ClienBiz is intended for use by individuals and businesses located in the United States. We may restrict, suspend, or deny access to the Platform from locations outside the United States at our discretion. Users are responsible for complying with all applicable local, state, and federal laws.
For purposes of these Terms, "Users" means businesses and individuals who use the Platform as clients of one or more businesses.
2. Eligibility
You must be at least eighteen (18) years old to create an account or use ClienBiz.
By using the Platform, you represent and warrant that you are at least 18 years of age and have the legal authority to enter into these Terms.
3. Nature of the Platform
ClienBiz is a communication, organization, and relationship management platform that helps businesses and their Clients connect and manage interactions.
ClienBiz is not a service provider, employer, contractor, broker, agent, payment processor, escrow provider, or party to any transaction between Users.
Any services, projects, products, work arrangements, pricing discussions, schedules, commitments, or agreements are solely between the Business and the Client.
4. No Contract Formation
Messages, session details, estimates, pricing information, invoices, payment records, project information, notes, status updates, or other content exchanged through ClienBiz do not, by themselves, create a legally binding agreement between Users.
Any price, quote, estimate, proposal, agreement, invoice, payment request, or other information discussed through ClienBiz is provided for informational and organizational purposes only and does not, by itself, constitute a legally binding agreement.
Users wishing to create a legally binding agreement should execute a separate written contract, invoice, statement of work, service agreement, or other legally recognized document outside of ClienBiz.
ClienBiz does not review, approve, enforce, interpret, or guarantee any agreement between Users.
5. No Payment Processing or Verification
ClienBiz does not process, collect, hold, transmit, escrow, guarantee, facilitate, or verify payments between Businesses and Clients.
All payments between businesses and clients occur outside of the Platform.
Any payment status, invoice status, payment record, or indication that a payment was made or received is provided solely by Users for their own recordkeeping and organizational purposes.
ClienBiz cannot independently verify whether a payment has been made, received, disputed, refunded, reversed, or otherwise completed and makes no representation regarding the accuracy of any payment-related information entered by Users.
Users are solely responsible for maintaining accurate records, verifying payment activity, and resolving any payment-related disputes directly with one another.
6. No Guarantee of Services or Performance
ClienBiz does not guarantee:
- The quality of services provided by Businesses.
- That services will be completed.
- That businesses will honor quoted pricing.
- That Clients will pay for services.
- The accuracy of information provided by users.
- The outcome of any relationship, service arrangement, or transaction between Users facilitated through the Platform.
- The identity, qualifications, licenses, certifications, insurance coverage, or legal compliance of any User.
All interactions and agreements between Users occur at the Users' own risk.
7. User Verification and Identity
ClienBiz may verify certain information such as email addresses and account ownership.
However, ClienBiz does not guarantee the identity, legitimacy, qualifications, licensing status, legal authority to enter into contracts, background, reputation, trustworthiness, financial condition, or intentions of any User.
Users should exercise independent judgment and conduct their own due diligence before entering into any relationship, making payments, providing services, sharing personal information, or relying on information obtained through the Platform.
8. User Responsibilities
Users are solely responsible, to the extent applicable, for:
- Maintaining accurate account information.
- Complying with all applicable laws and regulations.
- Using the Platform in accordance with these Terms.
- Maintaining the confidentiality of their account credentials.
- The accuracy of information they submit to the Platform.
- Resolving disputes directly with other Users.
ClienBiz is not responsible for:
- Evaluating Businesses, Clients, or other Users on behalf of Users.
- Verifying information provided by Users.
- Negotiating, enforcing, or interpreting agreements between Users.
- Managing payments between Users.
- Maintaining records on behalf of Users.
- Resolving disputes between Users.
9. Privacy and Information Sharing
ClienBiz does not sell Users' personal information to marketers or advertisers.
Information on the Platform is generally visible only to the applicable User and other Users with whom they choose to connect, subject to the functionality and settings of the Platform.
Users acknowledge that certain information may become visible to connected Businesses or Clients as necessary to facilitate communication, scheduling, organization, and relationship management through the Platform.
Information shared through the Platform may be accessible to connected Users as part of the normal operation of the Platform. Users are responsible for determining what information they choose to share with other Users.
Users should exercise caution when sharing personal, financial, medical, legal, or other sensitive information through the Platform and should do so only if they are comfortable sharing such information with the intended recipient.
Additional information regarding ClienBiz's collection, use, storage, and disclosure of information is available in the ClienBiz Privacy Policy, which is incorporated into these Terms by reference.
10. Acceptable Use Policy
Users may not:
- Harass, threaten, intimidate, or abuse other Users.
- Send spam or unsolicited communications.
- Impersonate another person, business, or organization.
- Upload, submit, or share false, misleading, fraudulent, or deceptive information.
- Use the Platform to advertise, promote, facilitate, coordinate, offer, request, or conduct any illegal activity, unlawful business, fraudulent scheme, or activity that violates applicable federal, state, or local laws.
- Share harmful, offensive, discriminatory, obscene, sexually explicit, or otherwise inappropriate content.
- Attempt to interfere with the operation, functionality, or security of the Platform.
- Offer or promote services that require a license, permit, certification, or other authorization without possessing the legally required credentials.
- Use the Platform in any manner that infringes upon the rights of others or violates applicable law.
ClienBiz reserves the right, but not the obligation, to investigate alleged violations of this Acceptable Use Policy and to take any action it deems appropriate, including removing content, restricting access, suspending accounts, terminating accounts, or reporting conduct to law enforcement or other authorities.
However, ClienBiz has no obligation to monitor User activity or ensure compliance with this Acceptable Use Policy. The inclusion of this Policy does not make ClienBiz responsible or liable for the conduct of any User or for any violation of this Policy by one or more Users.
11. Account Suspension and Termination
Users may delete their account at any time through Account > Preferences within the Platform or by contacting support@clienbiz.com.
ClienBiz reserves the right to suspend, restrict, terminate, or report accounts that ClienBiz reasonably believes are being used for illegal, fraudulent, deceptive, harmful, or unauthorized activities.
ClienBiz may cooperate with law enforcement authorities, regulators, or other governmental agencies when required by law or when ClienBiz believes such cooperation is necessary to protect Users, the Platform, or the public.
ClienBiz reserves the right, in its sole discretion, to suspend, restrict, or terminate any account for any violation of these Terms.
ClienBiz may remove Users who engage in harassment, inappropriate communications, abusive conduct, fraudulent activity, repeated complaints from Clients or Businesses, or conduct that may harm other Users or the Platform. However, ClienBiz shall not be liable to any User based on any decision not to remove a User for such conduct.
ClienBiz may investigate reports submitted by Users and take any action it believes is appropriate, including account suspension or permanent removal. However, ClienBiz shall not be liable to any User based on any decision not to investigate, delay investigating, or decline to take action in response to any report or complaint.
Nothing in this Section creates an obligation for ClienBiz to monitor User activity, investigate complaints, remove Users, or take any specific enforcement action.
12. Account Deletion and Data Removal
Users may delete their account at any time through Account > Preferences within the Platform or by contacting support@clienbiz.com.
Upon deletion, account information, connections, messages, records, session history, and other Platform data may be permanently removed in accordance with ClienBiz's data retention practices and Privacy Policy.
Once data has been permanently deleted, ClienBiz may be unable to recover, restore, or recreate that information.
Users are responsible for retaining copies of any records, messages, session information, or other data they wish to keep before deleting their account.
Certain information may be retained after account deletion as required by law, to comply with legal obligations, to resolve disputes, to enforce these Terms, or for legitimate business and security purposes.
If a Client deletes their account, records maintained by a Business for scheduling, service history, recordkeeping, or dispute resolution may remain. Where appropriate, ClienBiz may remove or de-identify account-linked information associated with the deleted Client.
Information deleted from active systems may remain in backup or disaster recovery copies until those backups expire or are overwritten.
Users who create a new account after deletion may be required to rebuild their profile, connections, records, and other account information from the beginning.
ClienBiz is not responsible for any loss of data resulting from a User's decision to delete an account or from the permanent removal of data following account deletion.
13. Subscription Billing and Refunds
Certain features of the Platform are available only to Businesses with an active paid subscription. Clients may use the Platform without charge unless otherwise specified by ClienBiz.
Subscription fees are billed in advance and are generally non-refundable except as required by applicable law.
If a User believes a subscription charge was made in error, the User should contact support@clienbiz.com as soon as possible.
While all sales are generally considered final, ClienBiz understands that accidental charges, duplicate charges, billing errors, and similar situations may occur. ClienBiz reserves the right, in its sole discretion, to review such situations and provide reasonable accommodations when appropriate.
Failure to make required subscription payments may result in suspension, restriction, or termination of access to paid features until payment issues are resolved.
If a subscription payment is declined, rejected, reversed, disputed, or otherwise unsuccessful, ClienBiz may immediately suspend access to subscription features without liability to the User.
Cancellation of a subscription will prevent future renewal charges but will not automatically entitle the User to a refund for previously billed subscription periods.
Users are responsible for maintaining valid payment information and ensuring that subscription fees can be successfully processed.
ClienBiz reserves the right to modify subscription pricing, features, billing practices, or subscription offerings at any time upon reasonable notice to Users.
Deletion of an account does not automatically entitle a User to a refund of previously paid subscription fees.
14. User Content
Users retain ownership of the content, information, messages, records, and other materials they submit to the Platform ("User Content").
In order to operate the Platform and provide its services, Users grant ClienBiz a non-exclusive, worldwide, royalty-free license to store, host, process, transmit, display, and otherwise use User Content solely as necessary to operate, maintain, secure, support, and improve the Platform.
ClienBiz does not acquire ownership of User Content through this license.
Users are solely responsible for the User Content they submit and represent that they have the necessary rights and permissions to submit such content to the Platform.
ClienBiz reserves the right to remove User Content that it reasonably believes violates these Terms, applicable law, or the rights of others.
15. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENBIZ DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, RELIABILITY, OR SECURITY.
CLIENBIZ DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, FREE FROM HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
CLIENBIZ DOES NOT WARRANT OR GUARANTEE THE CONDUCT, IDENTITY, QUALIFICATIONS, LEGAL COMPLIANCE, RELIABILITY, OR PERFORMANCE OF ANY USER.
USERS ASSUME ALL RISKS ASSOCIATED WITH THEIR USE OF THE PLATFORM AND THEIR INTERACTIONS, COMMUNICATIONS, AGREEMENTS, AND TRANSACTIONS WITH OTHER USERS.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY WARRANTY OR RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation of Liability
To the fullest extent permitted by law, ClienBiz, LLC and its owners, members, managers, officers, employees, contractors, affiliates, agents, and representatives shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Platform or these Terms.
To the fullest extent permitted by law, ClienBiz shall not be responsible for any disputes, losses, payment issues, fraud, service failures, business interruptions, personal injuries, property damage, lost profits, lost data, reputational harm, or other claims arising from or related to interactions, communications, agreements, or transactions between Users.
Users acknowledge and agree that ClienBiz is a communication, organization, and relationship-management platform and is not responsible for the conduct, actions, omissions, services, payments, agreements, representations, or legal obligations of any User.
To the fullest extent permitted by law, the total aggregate liability of ClienBiz arising out of or relating to the Platform or these Terms shall not exceed the greater of (a) the amount paid by the User to ClienBiz during the twelve (12) months preceding the event giving rise to the claim or (b) one hundred U.S. dollars ($100).
Users acknowledge and agree that ClienBiz is operated by ClienBiz, LLC. To the fullest extent permitted by law, no owner, member, manager, officer, employee, contractor, affiliate, agent, or representative of ClienBiz, LLC shall be personally liable for any claims, damages, losses, liabilities, costs, or expenses arising out of or relating to the Platform or its use.
17. Indemnification
Users agree to defend, indemnify, and hold harmless ClienBiz, LLC and its owners, members, managers, officers, employees, contractors, affiliates, agents, and representatives from and against any claims, damages, losses, liabilities, costs, expenses, and reasonable attorneys' fees arising out of or relating to:
- Their use of the Platform.
- Their interactions, communications, agreements, or transactions with other Users.
- Their violation of these Terms.
- Their violation of any applicable law, regulation, or governmental requirement.
- Their violation of any third-party rights, including intellectual property, privacy, publicity, or contractual rights.
- Any content, information, messages, records, or materials they submit, post, transmit, or otherwise make available through the Platform.
This indemnification obligation shall survive the termination of a User's account and the termination of these Terms.
18. Dispute Resolution
Users agree to attempt to resolve any dispute, claim, or controversy with ClienBiz informally by contacting support@clienbiz.com before initiating legal action.
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform shall be brought exclusively in the state or federal courts located in the State of Delaware.
Users consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.
Nothing in this Section prevents either party from seeking temporary injunctive or equitable relief when necessary to prevent immediate and irreparable harm.
19. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles and without regard to the location of any User.
20. Changes to These Terms
ClienBiz may modify or update these Terms from time to time.
Updated Terms will become effective upon posting to the Platform unless otherwise stated.
Continued use of the Platform after updated Terms become effective constitutes acceptance of the revised Terms.
21. Questions, Concerns, Billing, and Support
If you have any questions, concerns, comments, billing inquiries, refund requests, account issues, reports regarding conduct on the Platform, or requests regarding these Terms, please contact:
Email: support@clienbiz.com
ClienBiz will make reasonable efforts to review and respond to inquiries in a timely manner but does not guarantee any response time or resolution.
22. Entire Agreement
These Terms, together with the ClienBiz Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between the User and ClienBiz regarding the use of the Platform and supersede any prior agreements, understandings, or communications relating to the Platform.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
By creating an account or using ClienBiz, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.