Terms of Service.

These Terms of Service (the “Terms”) are a binding agreement between you and Clark (“we,” “our,” or “us”), the operator of the Clark service. By creating an account, signing an order, or using the service, you agree to these Terms. If you are agreeing on behalf of a business, you represent that you are authorized to bind that business, and “you” means that business.

Clark is an analytics service for med spas, salons, and spas. We connect to the business systems you authorize (starting with Boulevard), turn the data into a live dashboard and a recurring brief, and answer questions about your business. We may add, change, or remove features over time. Some features rely on automated and AI-generated analysis, which is described in Section 7.

You must provide accurate account information and keep your login credentials secure. You are responsible for all activity under your account, including the actions of any users you invite. Clark is a business tool intended for users who are at least 18 years old. Notify us promptly at clark@kenanali.com if you believe your account has been compromised.

The business data you connect or upload remains yours. You grant us a limited, non-exclusive license to host, process, and analyze that data solely to provide and improve the service for you, to keep it secure, and as otherwise described in our Privacy Policy and Data Processing Addendum. You are responsible for having the rights and permissions needed to provide that data to us, and for the accuracy of the data you connect.

Clark is built to analyze business, financial, and operational data. Clark is not a HIPAA Business Associate and the service is not designed to receive, store, or process Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act, or other individually identifiable health, clinical, diagnosis, or treatment records.

You agree not to submit, connect, or upload PHI or other sensitive health information to Clark. You are responsible for configuring your data sources and exports so that they exclude such information. If you require a Business Associate Agreement, contact us at clark@kenanali.com before sending any regulated data; absent a signed agreement, the service must not be used for PHI.

You agree not to:

• Use the service in violation of any law or third-party right.
• Upload data you do not have the right to share, or data that is unlawful, infringing, or that includes PHI as described above.
• Attempt to access another customer's data, probe or breach security, or circumvent usage limits or authentication.
• Reverse engineer, resell, or build a competing product from the service, or scrape or extract data through automated means except as the service expressly permits.
• Introduce malware, overload the infrastructure, or interfere with other customers' use of the service.

We may suspend access to protect the service, other customers, or ourselves, and will aim to give you notice where practical.

Clark uses automated analysis and AI models to generate briefings, insights, and answers. These outputs are provided for informational purposes only. They may be incomplete, out of date, or incorrect, and they are not professional, medical, legal, financial, accounting, or tax advice. You are responsible for reviewing outputs and for any decision you make based on them. Do not rely on Clark as your sole basis for a material business decision.

The service connects to third-party systems you authorize, such as Boulevard, and relies on third-party providers to operate (see our Subprocessors list). We are not responsible for those third parties, their availability, or their terms. Your use of a connected service is governed by that service's own agreement, and you are responsible for maintaining the rights and credentials needed to connect it.

Paid plans are billed in advance on the cycle stated in your order or plan. Unless an order says otherwise, fees are non-refundable except where required by law, and you are responsible for any applicable taxes. We may change pricing on renewal with prior notice. If a payment fails or is overdue, we may suspend the paid features of your account.

These Terms apply for as long as you use the service. You may stop using the service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the service in a way that creates risk or liability for us or others. On termination, your right to use the service ends, and we will handle your data as described in our Privacy Policy and Data Processing Addendum. Sections that by their nature should survive termination will survive.

Each party may receive non-public information from the other. Each party will use the other's confidential information only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

The Clark platform, software, and brand are owned by us and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the service during your subscription. We may use aggregated and de-identified data that does not identify you or any individual to operate, secure, and improve the service.

The service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that insights or outputs will be accurate or complete.

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the service. Our total liability for any claim arising out of or related to these Terms will not exceed the amount you paid us for the service in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

You agree to defend and indemnify Clark against third-party claims, losses, and expenses arising from your data, your use of the service in breach of these Terms, your submission of prohibited data including PHI, or your violation of law or third-party rights.

We may update these Terms from time to time. When we make material changes, we will revise the date above and notify you through the product or by email. Continuing to use the service after a change takes effect means you accept the updated Terms.

These Terms are governed by the laws of the jurisdiction in which Clark is operated, without regard to conflict-of-laws rules. Before filing a claim, the parties agree to first try to resolve the dispute informally by contacting clark@kenanali.com. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts of that jurisdiction.

Questions about these Terms? Email clark@kenanali.com.