Terms of Service
1. Who we are and what Claq is
Claq is online management software offered as a subscription (software as a service) for creative agencies and video production companies. It brings together projects, schedule, equipment inventory, clients, briefs, sales opportunities and quotes.
Claq is operated by João Pedro Gonzales Magri, an individual entrepreneur (sole proprietor) based in Apucarana, Paraná, Brazil ("Claq", "we", "us"). You can reach us at suporte@claq.work.
2. Business use only
Claq is a tool for businesses and professionals. By creating an account or subscribing, you confirm that you are using Claq for the purposes of your trade, business or profession, and not as a consumer. Nothing in these Terms limits rights that, under the law of your country, cannot be limited by contract.
3. Acceptance of these Terms
By creating an account, ticking the acceptance box or using Claq, you agree to these Terms, to our Privacy Policy and to our Refund Policy. If you accept on behalf of a company, you confirm that you are authorized to bind it, and "you" means that company.
We may update these Terms. We will announce material changes in the app or by email at least 15 days before they take effect. If you keep using Claq after a change takes effect, you accept it. If you do not agree, you can cancel your subscription before the change takes effect.
4. Account, team and security
- You must be at least 18 and provide accurate information when signing up.
- The person who creates the agency account is its administrator. The administrator invites the team and sets each person's role, which defines what each person can see and edit. You are responsible for the people you invite.
- Each person uses their own email and password. Keep your password secret. You are responsible for activity under your account.
- If you notice unauthorized use of your account, change your password and tell us right away.
5. Free trial
New agencies can try Claq for free for 14 days. No payment method is required, and the trial never turns into a paid subscription by itself: you are only charged if you choose a plan and complete the checkout. The trial is available once per company and per email address. If no plan is chosen when the trial ends, the account switches to read-only mode: your data stays there, but you cannot create or edit anything.
6. Plans, prices and taxes
- Current plans, limits and prices are shown on our website and on the Subscription screen in the app. Customers in the United States are billed in US dollars (USD) and customers in Europe in euros (EUR).
- Prices do not include sales tax, VAT or similar taxes. Where applicable, Paddle calculates them based on your location and shows them at checkout before you pay. Business customers in the European Union or the United Kingdom who provide a valid VAT number may not be charged VAT (reverse charge), as determined by Paddle.
- We may change prices. We will notify you by email at least 30 days in advance. The new price applies from your next renewal, and you can cancel before then.
7. Payment through Paddle
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Your purchase is also governed by the Paddle Buyer Terms. You enter your payment details directly in Paddle's secure checkout. Claq never receives or stores your card details. Invoices and receipts are issued by Paddle and are available in the billing portal linked from the Subscription screen.
8. Automatic renewal and cancellation
Your subscription renews automatically at the end of each billing period (monthly or yearly, as you chose) for another period of the same length, at the price in effect at that time, and Paddle charges the payment method on file, until you cancel.
- How to cancel: online at any time, on the Subscription screen in the app ("Cancel subscription"), or by emailing us. No phone call is required.
- When it takes effect: at the end of the current billing period. You keep full access until then, and you are not charged again.
- Changing plans: upgrades and downgrades take effect immediately. Paddle charges or credits the prorated difference for the rest of the current period.
- Your renewal date and price are always shown on the Subscription screen.
9. Failed payments
If a renewal payment fails, Paddle will retry and let you know by email. If the payment is still not made after the retry period, the subscription is canceled and the account switches to read-only mode. Your data is not deleted because of a failed payment, but see the retention period in section 11.
10. Refunds
Refunds follow our Refund Policy, which includes a 14-day money-back guarantee on your first payment.
11. Termination and your data
- After your paid period (or trial) ends, the account stays in read-only mode for 90 days so you can view and export your data.
- After those 90 days, or earlier if you ask us to, we delete your agency's data from our systems. Backups are overwritten within 30 days. We only keep what the law requires (such as tax and billing records) and the minimum records needed to prevent repeated free trials.
12. Your agency's data and data processing terms
Everything your agency puts into Claq (clients, contacts, projects, quotes, equipment, files and text) belongs to your agency. You grant us only the rights needed to host and process it to provide the service.
For personal data that your agency enters about its clients, contacts and team ("Customer Personal Data"), your agency is the controller and Claq is a processor acting on your behalf. This section is our data processing agreement under Article 28 of the EU General Data Protection Regulation (GDPR), the UK GDPR and the Brazilian General Data Protection Law (LGPD). We will:
- process Customer Personal Data only to provide Claq, following your documented instructions (these Terms and your use of the app), unless the law requires otherwise, in which case we will tell you unless the law forbids it;
- ensure that anyone authorized to access it is bound by confidentiality;
- apply appropriate security measures, as described in our Privacy Policy;
- use only the sub-processors listed in our Privacy Policy, under written terms that protect the data. We will notify you by email at least 15 days before adding or replacing a sub-processor; if you object, you can cancel and receive a pro-rata refund of prepaid fees for the remaining period;
- help you respond to requests from individuals exercising their rights, and with security, breach notification, impact assessments and consultations with authorities, taking into account the information available to us;
- notify you without undue delay, and where possible within 48 hours, after becoming aware of a personal data breach affecting Customer Personal Data;
- delete Customer Personal Data at the end of the service as described in section 11, unless the law requires us to keep it;
- make available the information needed to demonstrate compliance with this section and answer reasonable audit questions in writing.
International transfers. Claq is operated from Brazil and our sub-processors may process data in the United States and other countries. For transfers of personal data from the European Economic Area, Switzerland or the United Kingdom, the European Commission's Standard Contractual Clauses (Module Two, controller to processor, Decision (EU) 2021/914) and, for the UK, the UK International Data Transfer Addendum, are incorporated into these Terms by reference, with you as data exporter and Claq as data importer. Where a sub-processor is located outside these regions, we rely on equivalent safeguards. For the clauses, the governing law and courts are those of Ireland, and the supervisory authority is the one competent for you.
You are responsible for having a lawful basis to enter Customer Personal Data into Claq and for handling requests from the people concerned. Do not use Claq to store special categories of data (such as health data) or payment card numbers.
13. Acceptable use
You agree not to:
- use Claq for illegal or fraudulent activities, or in ways that infringe the rights of others;
- try to access other agencies' data, bypass role permissions or exploit security flaws (if you find one, please tell us);
- overload the service with automated access, copy the software or reverse engineer it, except where the law allows;
- resell or sublicense access without our written permission;
- upload malicious code or offensive, discriminatory or unlawful content;
- use Claq in violation of applicable export control or sanctions laws.
14. Availability and support
We work to keep Claq available at all times, but there may be interruptions for maintenance, updates or failures at infrastructure providers. Whenever possible, we will announce scheduled maintenance. Support is provided by email at suporte@claq.work on Brazilian business days.
Claq evolves frequently. We may improve, change or remove features, while keeping the core functionality of your plan during the paid period.
15. Intellectual property
The software, the Claq brand, its design and the text in the app belong to us. Your subscription gives your agency a non-exclusive, non-transferable, revocable license to use Claq while the subscription is active. We may use suggestions you send us to improve the product, with no obligation to you.
16. Disclaimer
Claq is an organization tool. Business decisions, quote prices, contracts with your clients and the safekeeping of equipment are your responsibility. To the maximum extent permitted by law, Claq is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
17. Limitation of liability
To the maximum extent permitted by law, we are not liable for lost profits, lost revenue, loss of data or any indirect, incidental, special or consequential damages, and our total liability for any claim relating to Claq is limited to the amount you paid us in the 12 months before the event giving rise to the claim. These limitations do not apply to liability that cannot be limited by law, including for fraud, intent or gross negligence, or for death or personal injury caused by negligence.
You will compensate us for third-party claims arising from content you put into Claq or from your use of Claq in breach of these Terms or the law.
18. Suspension by Claq
We may suspend or close an account that breaches these Terms, uses false information, fails to pay or puts the security of the service or other agencies at risk. When possible, we will warn you first and give you reasonable time to fix the issue.
19. Communications
You agree to receive notices electronically, by email or in the app. We send emails needed for the service, such as account confirmation, password reset, billing, cancellation and important notices. We may also send reminders related to your account and requests to review Claq; every reminder includes a link to stop receiving them. Marketing content is only sent if you opt in.
20. Governing law and disputes
These Terms are governed by the laws of Brazil, and the courts of Apucarana, Paraná, Brazil, have jurisdiction, without prejudice to any mandatory protection you have under the laws of the country where you are based. Before going to court, please contact us by email: most issues are resolved that way.
21. General
- These Terms, the Privacy Policy, the Refund Policy and the Paddle Buyer Terms are the entire agreement between you and us about Claq.
- If any provision is found unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver.
- You may not transfer your account without our consent. We may transfer these Terms to a company that takes over Claq, and we will tell you if that happens.
- Neither party is responsible for delays caused by events beyond its reasonable control.
- If we provide a translation of these Terms, the English version prevails for customers outside Brazil.
Questions? Write to suporte@claq.work.