Terms of Service

1. Eligibility and your account

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf. We do not verify age.

Your account is tied to your mobile phone number. You agree to provide a phone number you control, to keep your account information accurate, and to keep your device secure. You are responsible for everything that happens under your account. You may not create an account for anyone else, use someone else's phone number, or create more than one account.

You may not use the Service if you have previously been removed from it, or if using it would violate the law where you live.

2. What the Service does

Clearly lets two or more people share their current status with each other before having sex, log whether it happened, keep a private calendar and statistics, upload test results, report a positive test, and receive anonymous alerts of possible exposure to a sexually transmitted infection (STI). Alerts are generated from encounter records and the reported dates, using standard window periods for each infection.

The Service depends entirely on what people choose to log, upload, and report. We do not verify any of it.

3. What the Service is not

Not medical advice. Clearly does not provide medical advice, diagnosis, or treatment. Nothing in the Service, including a status of Clear, a window period, a retest date, or an alert, is a medical opinion. Always talk to a qualified healthcare provider about testing, symptoms, exposure, treatment, and prevention. Never delay or disregard professional medical advice because of something in the Service.

Not a guarantee. A status of Clear means only that no one who logged an encounter with you within the relevant window has reported a positive test through Clearly. It does not mean you or anyone else is free of infection. People may be infected without knowing it, may not be on Clearly, may not log encounters, may not get tested, may not report, may report inaccurately, or may have tests that produce false results. Many infections have no symptoms. Window periods are estimates and vary by person, infection, and test. The Service can never confirm that sex with anyone is safe.

Not a substitute for protection. Condoms, other barriers, vaccination, PrEP, PEP, regular testing, and honest conversation remain the primary ways to reduce risk. Using Clearly is not a reason to skip any of them.

Limited verification only. Uploaded test documents are checked automatically for whether they appear to be lab results matching what was entered, and sometimes by a person; that check can be wrong, can be fooled, and is not a medical or identity verification. We do not verify identities, reports, or the accuracy of anything else users enter. A status shown to you reflects only what that person's account contains.

Not an emergency service. If you have been sexually assaulted, or need urgent care, contact local emergency services or a healthcare provider immediately. Post-exposure prophylaxis for HIV works best within hours and must be started within 72 hours.

Not a dating or matchmaking service. We do not introduce people, and we do not facilitate, arrange, encourage, or approve any sexual activity. Every decision about who you have sex with, when, and how is yours alone.

4. Your responsibilities

You agree to:

Enter truthful and complete information, including whether an encounter happened, when it happened, and who was involved.

Report a positive test promptly and accurately, including the infection and the date, so that others can protect themselves. Reporting is anonymous and is the most important thing the Service does.

Upload only genuine test results that belong to you, with accurate dates and accurate coverage.

Make your own decisions about testing, treatment, and sexual activity, in consultation with healthcare providers, and not rely on the Service as your only source of information.

Comply with all laws that apply to you, including laws about sexual activity, consent, age, and disclosure of infection status. Some places make it a crime to have sex without disclosing a known infection. Clearly does not satisfy any legal duty to disclose, and using it does not change what the law requires of you.

Respect everyone else on the Service.

5. Acceptable use

You may not:

Attempt to identify, or claim to have identified, the person who made a report, or use the Service to pressure, threaten, expose, or retaliate against anyone.

Screenshot, record, share, or publish another person's name, status, or any information the Service shows you about them, except as needed to protect your own health with a healthcare provider.

Enter false information, log encounters that did not happen, fabricate or alter a test result or document, or make a false report.

Impersonate anyone, use a phone number you do not control, or create multiple accounts.

Use the Service to harass, stalk, defame, discriminate against, or harm anyone, or in connection with any unlawful sexual activity.

Scrape, crawl, reverse engineer, decompile, interfere with, or attempt to gain unauthorized access to the Service, its systems, or other users' accounts.

Use the Service for any commercial purpose, including sex work, without our written consent.

Circumvent the subscription, the free trial, or any limit or security feature.

Use the Service in violation of any law.

We may investigate and take any action we consider appropriate, including removing content, suspending or terminating accounts, and reporting conduct to law enforcement.

6. Subscription, free trial, and payment

After sign up, Clearly is available for a free trial of three months. When the trial ends, continued use requires a subscription of $4.99 per month, or the price shown in the App Store at the time of purchase, plus applicable taxes. Prices may vary by country.

Subscriptions are purchased through Apple and are governed by Apple's terms. Payment is charged to your Apple account at confirmation of purchase, or when the trial ends. The subscription renews automatically each month unless you cancel at least 24 hours before the end of the current period. Your Apple account is charged for renewal within 24 hours before the end of the current period. You can manage or cancel your subscription in your Apple account settings. Deleting the app does not cancel your subscription.

Refunds are handled by Apple under Apple's policies. We cannot issue refunds for purchases made through the App Store. Unused portions of a free trial are forfeited when you purchase a subscription.

We may change prices. Price changes apply to renewals after we give notice through Apple, and you may cancel before a new price takes effect. Features included in the subscription may change over time.

7. Your content

You own the information you enter and the documents you upload. You give Amos Live, Inc. a worldwide, non-exclusive, royalty-free license to store, process, copy, and display that content solely to provide, secure, and improve the Service and as described in the Privacy Policy. This license ends when you delete the content or your account, except for copies retained under the Privacy Policy and for alerts that have already been delivered.

You represent that you have the right to upload what you upload, that it is genuine and about you, and that it does not violate anyone else's rights.

8. Anonymity and confidentiality

Alerts are anonymous. We will not disclose who made a report to the people alerted or to anyone else, except where Section 6 of the Privacy Policy (Legal reasons) requires it. You acknowledge that anonymity has practical limits: a person with few partners may guess. You agree not to attempt to confirm such a guess through the Service or by pressuring another person, and you acknowledge that Amos Live, Inc. will not confirm or deny it.

Information the Service shows you about another person is confidential. You may use it only for your own health decisions.

9. Intellectual property

The Service, including its software, design, text, graphics, and trademarks, is owned by Amos Live, Inc. or its licensors and is protected by intellectual property laws. We grant you a limited, personal, non-transferable, revocable license to use the app on Apple devices you own or control, subject to these Terms and Apple's App Store terms. All other rights are reserved. Feedback you send us may be used without obligation to you.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AMOS LIVE, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY STATUS, ALERT, WINDOW PERIOD, OR RETEST DATE IS ACCURATE, COMPLETE, OR RELIABLE; THAT ANY PERSON IS OR IS NOT INFECTED; THAT ANY ALERT WILL BE SENT OR RECEIVED; OR THAT ANY INFORMATION ENTERED BY ANY USER IS TRUE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Assumption of risk

You understand that sexual activity carries risks, including transmission of infections, and that no app can eliminate them. You accept that the Service depends on the honesty, diligence, and participation of other people, none of which we control or verify. You knowingly and voluntarily assume all risks arising from your sexual activity and from your reliance on any information in the Service, including the risk of infection, the risk of a false or missed alert, the risk of a false or incorrectly dated test result, and the risk that another person may guess who made a report.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AMOS LIVE, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, ILLNESS, INFECTION, EMOTIONAL DISTRESS, OR DAMAGE TO REPUTATION OR RELATIONSHIPS, ARISING OUT OF OR RELATING TO THE SERVICE, ANY STATUS OR ALERT, ANY INFORMATION ENTERED BY ANY USER, ANY SEXUAL ACTIVITY, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

THESE LIMITATIONS ARE A FUNDAMENTAL PART OF THE AGREEMENT BETWEEN YOU AND US, AND THE SERVICE WOULD NOT BE OFFERED AT THIS PRICE WITHOUT THEM. SOME JURISDICTIONS DO NOT ALLOW LIMITS ON LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless Amos Live, Inc. and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to: your use of the Service; information or documents you enter or upload; your violation of these Terms or of any law; your sexual activity or your interactions with any other person, whether or not they use the Service; any false, inaccurate, or late report or entry you make; or any attempt by you to identify, contact, or retaliate against a person who made a report. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with us.

14. Dispute resolution, arbitration, and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Informal resolution first. Before starting any formal proceeding, you agree to contact us at support@amos.live with a description of the dispute and what you want, and to give us 60 days to try to resolve it. We will do the same with you.

Binding arbitration. If we cannot resolve a dispute informally, you and Amos Live, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service, including its existence, validity, interpretation, or termination, will be resolved by binding individual arbitration rather than in court, except as stated below. The Federal Arbitration Act governs this agreement. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or, if AAA is unavailable, by JAMS under its consumer rules. The arbitrator will apply these Terms and applicable law, may award the same individual relief a court could, and must issue a reasoned written decision. Arbitration will take place by video or telephone, or in [County, State] if an in-person hearing is required. We will pay arbitration filing and arbitrator fees for claims under $10,000 unless the arbitrator finds the claim frivolous. Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may bring an individual claim in small claims court. Either party may seek injunctive or other equitable relief in court to protect intellectual property or to stop unauthorized use of the Service.

Class action and jury waiver. YOU AND AMOS LIVE, INC. AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PEOPLE OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND AMOS LIVE, INC. WAIVE ANY RIGHT TO A JURY TRIAL. If the class action waiver is found unenforceable as to a particular claim, that claim will proceed in court, and the remaining claims will proceed in arbitration.

Coordinated filings. If 25 or more similar claims are filed against us by the same or coordinated counsel, the parties agree to a staged bellwether process, with the first ten cases proceeding to arbitration and the rest stayed, and each side may then request the administrator to apply its mass arbitration procedures.

Your right to opt out. You may opt out of this arbitration agreement by emailing support@amos.live within 30 days of first accepting these Terms, with your phone number and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent the law allows.

Changes to this section. If we change this Section 14 after you accept these Terms, the change will not apply to any dispute for which you had already given us notice.

15. Governing law and venue

These Terms and any dispute are governed by the laws of the State of [State] and the Federal Arbitration Act, without regard to conflict of law rules. For any matter not subject to arbitration, you and Amos Live, Inc. consent to the exclusive jurisdiction of the state and federal courts located in [County, State], except that we may seek injunctive relief anywhere. Nothing in this section overrides consumer protection laws of your place of residence that cannot be waived.

16. Termination

You may stop using the Service and delete your account at any time in Settings. We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms, created risk or legal exposure for us or others, or if we discontinue the Service. On termination, your license to use the app ends. Sections 3, 7 (as to retained copies), 8, 9, 10, 11, 12, 13, 14, 15, 16, and 19 survive termination.

17. Changes to the Service and these Terms

We may change, suspend, or discontinue any part of the Service at any time. We may update these Terms. If a change is material, we will notify you in the app or by notification at least 14 days before it takes effect, except that changes required by law or to address safety or abuse may take effect immediately. Continued use after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and delete your account before the change takes effect.

18. Apple-specific terms

These Terms are between you and Amos Live, Inc., not Apple. Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any, of the app; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection or similar laws. Apple is not responsible for investigating, defending, settling, or discharging any third-party intellectual property claim. You represent that you are not located in a country subject to a U.S. government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Amos Live, Inc. about the Service and replace any prior agreements. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be given in the app, by notification, or by text message to your phone number. Notices to us must be sent to support@amos.live or the address below. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship. The Service is controlled from the United States and we make no representation that it is appropriate or available elsewhere. Headings are for convenience only.

20. Contact

Amos Live, Inc.
[Mailing address of Amos Live, Inc.]
Legal notices: support@amos.live
Support: support@amos.live

21. Where Clearly is offered

Clearly is offered in the United States and in other countries where it appears in the App Store. It is not offered to, and must not be used by, people who live in the European Union, the European Economic Area, the United Kingdom, or Switzerland. We do not direct the service to those places or monitor anyone there, and by using Clearly you confirm you do not live there. If that changes, stop using Clearly and ask us to delete your account.