Arbitration, Class Action, and Jury Waiver – Notice Summary

By agreeing to these Terms, you understand that except for certain disputes specifically described in the Arbitration Agreement, all disputes between you and Supportclear will be resolved exclusively through binding individual arbitration. You waive any right to participate in a class-action lawsuit, class-wide arbitration, consolidated proceeding, or jury trial, as further explained in the Arbitration Agreement (see Sections 17 and 18).

Modification Notice – Summary

Supportclear may update or modify this Agreement at any time, effective immediately upon posting the revised Terms. If you find any modification unacceptable, you must stop using Supportclear’s websites, services, or platforms. Continuing to use them after modifications are posted means you have accepted the updated Terms.

No Legal Advice Disclaimer

Supportclear does not provide legal advice and does not guarantee that any content, communication, or resource is legally accurate or suited for your specific circumstances.

1. Legal Contract

This legal and binding contract is referred to as the “Terms,” “Agreement,” or “Contract.” By entering into this Agreement, you confirm that you have read, understand, and agree to all provisions. These Terms apply to your access and use of www.Supportclear.com, Supportclear’s websites (desktop and mobile) (“Website(s)” or “Site(s)”), applications, and all forms of communication including email, chat, messaging, and voice communications (individually and collectively, “Platform” or “Platforms”). These Platforms and Services are owned and operated by Supportclear, Inc. (“Supportclear,” “Company,” “Us,” “We,” or “Our”).

Your access or use of any Service or Platform, including whether or not you click a “Submit” button, constitutes your electronic signature and your agreement to be legally bound by these Terms.

2. Scope of Agreement

This Agreement governs your access to and use of the Platforms and the terms under which Supportclear will provide IT consulting, support services, and related solutions (collectively, the “Services,” and sometimes referred to as "IT Plans" or “IT Support Plans” or “monthly IT consulting”). This is a binding legal contract between you and Supportclear; please review it carefully before using any Platform, Plan, or registering for Services.

This Agreement applies to all individuals, organizations, and entities that use or access the Services. If you are agreeing on behalf of an organization or business, you confirm that you are at least 18 years old and authorized to bind that entity. In such cases, “you” and “your” also refer to the entity. If you do not agree to these Terms, you may not use any Platform or Service.

3. Modifications

Supportclear reserves the right to modify or update these Terms at any time, at its sole discretion, without prior notice. Updates may be posted on our Platforms and will become effective immediately. Optional notice may be provided by email to the account administrator on file. Continued use of the Services after such changes means you accept the updated Terms.

Only written agreements signed in ink by you and an authorized Supportclear representative may waive or amend these Terms in any other way. You are responsible for reviewing the Terms periodically to stay informed about updates.

4. Privacy

Please review Supportclear’s Privacy Policy, which is incorporated into these Terms. Supportclear is not governed by HIPAA. Therefore, if you are subject to HIPAA regulations, you agree not to disclose or store protected health information (PHI) with Supportclear.

5. Use of Services / Platforms

Supportclear provides you with a license to access and use its Platforms, subject to your compliance with these Terms. You agree not to copy, reverse-engineer, or tamper with any Platform. Any feedback or modifications you provide become the property of Supportclear and may be used freely to improve Services.

6. Content Restrictions

No material from any Supportclear Platform may be copied, distributed, or republished, except as expressly permitted in these Terms.

7. License to Feedback

By submitting feedback, content, or modifications to Supportclear, you grant Supportclear a royalty-free, non-exclusive license to use, share, or incorporate such materials into its Services.

8. Registration

To subscribe to Services, you must register for a Supportclear account. Supportclear may suspend or terminate your account if you violate the Terms, fail to pay fees, or engage in unlawful activity. Account termination may result in loss of access to stored information. You may terminate your account by contacting help@supportclear.com.

9. Services

Upon registration, Supportclear will provide access to the Services described in your subscription. Depending on the type of Service, additional agreements or authorizations may be required. Supportclear may decline to provide Services at its discretion if your registration cannot be verified or if lawful business reasons exist. Supportclear does not act as your fiduciary or legal advisor and you remain responsible for complying with all applicable laws and recordkeeping requirements.

10. Termination of Services

Supportclear reserves the right, at any time and for any reason, to modify, suspend, or discontinue any aspect of its Services or Platforms. This includes, but is not limited to, features, content, functionality, data, plans, or availability. We may also impose rules or limits on your use of the Services and restrict access without prior notice or liability. Accounts with two or more unpaid invoices—whether generated, past due, or both—may be automatically suspended by the system for non-payment. Any account with outstanding invoices older than 45 days will be considered severely past due. Changes to these Terms, rules, usage limitations, or account status may be made at our sole discretion.

11. Prohibited Uses of Services

Supportclear’s Platforms may be used only for lawful purposes and in accordance with this Agreement. You are solely responsible for your communications and any content you post, upload, or provide. You agree not to use the Services or Platforms for any of the following: using the Services in any way not authorized under this Agreement; interfering with or attempting to disrupt any Platform, system, or communication; reselling, sublicensing, or sharing Services with unauthorized third parties; framing, mirroring, decompiling, reverse-engineering, or attempting to derive source code; engaging in illegal, unethical, or improper activity through the Services; scraping or monitoring for competitive or benchmarking purposes; posting false, misleading, or unauthorized content; impersonating others or misrepresenting identity; posting content that infringes copyrights, trade secrets, or intellectual property rights; posting or providing information that violates privacy, publicity, or applicable laws; transmitting or exporting restricted software or data in violation of U.S. export laws; or attempting unauthorized access to Supportclear’s systems or other users’ accounts. Violation of these restrictions may result in suspension, termination, or legal action, depending on applicable laws.

12. Usage Limitations

Supportclear provides Services subject to reasonable usage limits, which may be based on average customer use, published thresholds, or company discretion. We reserve the right to suspend, terminate, or adjust Services if usage is deemed abusive, excessive, or unauthorized.

For the purposes of these Terms, a “business location” refers to a single physical office or worksite where Services are actively used. Each plan covers only one business location, regardless of the number of users at that location. This policy also applies to virtual offices or online-only businesses, even if they do not have a physical address, to prevent misuse of Services by organizations with large, distributed user bases. If your organization operates multiple physical offices or virtual sites, a separate plan is required for each location. This ensures proper support, licensing, and resource allocation for every site using our Services.

We may establish retention periods for stored data (such as logs, reports, or account activity), after which data may be deleted. Accounts may also be deemed inactive and subject to deletion if there is no login or payment activity within 180 days. Inactive account data, including reports, employee details, and settings, may be removed permanently.

IT PLANS, IT SUPPORT PLANS, OR SERVICES FROM COMPANY, ARE NOT A HARDWARE WARRANTY OR MANUFACTURER EXTENDED WARRANTY. WE PROVIDE THIRD-PARTY TECHNICAL SUPPORT AND DO NOT SEND REPLACEMENT PARTS, SHIP PRODUCTS, OR PROVIDE REPLACEMENT DEVICES. WE PROVIDE SUPPORT FOR ALL DEVICES THOUGH REASONABLE EFFORTS.

REMOTE SUPPORT AND PHONE SUPPORT MAY BE LIMITED TO ONE HOUR (60 MINUTES) PER REQUEST OR INCIDENT, DEPENDING ON OVERALL SUPPORT REQUEST VOLUME AT THE TIME. WHILE YOUR PLAN MAY INCLUDE AN UNLIMITED NUMBER OF SUPPORT REQUESTS, ONLY ONE TECHNICIAN CAN BE ASSIGNED PER INCIDENT, PER LOCATION, PER COMPANY AT ANY GIVEN TIME.

IN RARE CIRCUMSTANCES—SUCH AS DURING PEAK HOURS, WEEKENDS, HOLIDAYS, OR OTHER EXCEPTIONALLY BUSY PERIODS BEYOND OUR CONTROL (INCLUDING MAJOR SOFTWARE UPDATES OR WIDESPREAD TECHNICAL ISSUES)—IF A REQUEST CANNOT BE FULLY RESOLVED WITHIN THE ONE-HOUR LIMIT, SUPPORTCLEAR MAY AUTOMATICALLY SCHEDULE A FOLLOW-UP EMAIL OR CALL TO COMPLETE THE INITIAL REQUEST.

13. User & Administrator Accounts

You are responsible for designating authorized users for your account. Authorized users (“Users”) may access Services with unique user IDs and passwords. You and your Users must protect these credentials and notify Supportclear immediately if unauthorized access is suspected.

Supportclear reserves the right to suspend access if account security is compromised. You are responsible for all actions taken under your account by authorized Users, and any use of user IDs and passwords is considered equivalent to a written signature for account activity.

14. Payment

You agree to pay all charges in full and on time. If an invoice is not paid within 7 calendar days of its due date, a late fee of $39 may be charged to your account for that invoice. Supportclear may suspend or cancel Services for nonpayment. Any collection actions or legal fees incurred to collect amounts owed are your responsibility. The Company does not pay your attorney, collection, or court fees.

15. Subscription Cancellation

15.1 Monthly Subscriptions – You may cancel a monthly subscription anytime, effective at the end of the billing cycle. Cancellations must be requested by emailing help@supportclear.com. No refunds will be issued for partial months, and all payments are non-refundable.

15.2 Annual Subscriptions – You may cancel an annual subscription anytime, effective at the end of the current annual term. Cancellations must be made prior to renewal to avoid additional charges. No refunds will be issued for partial terms, and all payments are non-refundable.

16. Additional Disclaimer of Warranties and Promissory Estoppel

COMPANY, FOR ITSELF, ITS LICENSEES, AND THIRD-PARTY LICENSORS, DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND GUARANTEES RELATING TO YOUR ACCESS OR USE OF ANY SITE, PLATFORM, PROGRAM, OR SERVICE (INCLUDING ANY REFERENCE SITE, PROGRAM, OR THIRD-PARTY SERVICE PROVIDER OR VENDOR). THIS INCLUDES, WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, ACCURACY, COMPLETENESS, OR RELIABILITY OF INFORMATION OR MATERIALS PROVIDED THROUGH SUCH SITES, PROGRAMS, OR SERVICES.

EXCEPT AS OTHERWISE REQUIRED BY LAW, ALL SITES, PLATFORMS, PROGRAMS, AND SERVICES (INCLUDING MATERIALS AND INFORMATION) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE IS” BASIS, WITHOUT ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

IN NO EVENT SHALL COMPANY (OR ITS LICENSEES, AGENTS, OFFICERS, OR ATTORNEYS) BE LIABLE FOR ANY DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE YOUR COMPUTER, BROWSER, ANY SITE, PLATFORM, PROGRAM, OR SERVICE (INCLUDING REFERENCE SITES OR THIRD-PARTY PROVIDERS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY DOES NOT WARRANT AGAINST VIRUSES, MALWARE, OR SPYWARE, THOUGH REASONABLE EFFORTS ARE MADE TO PREVENT THEM.

REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY COMPANY OR OTHERS, YOU AGREE THAT YOU WILL NOT RELY ON SUCH STATEMENTS AND WAIVE ANY CLAIMS, INCLUDING FOR PROMISSORY ESTOPPEL, ARISING THEREFROM.

17. Limitation of Liability and Damages

17.1 Limitation of Liability – COMPANY SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF ANY PROGRAM, SITE, PLATFORM, SERVICE, OR REFERENCE SITE / THIRD-PARTY PROVIDER. COMPANY IS NOT RESPONSIBLE FOR FAILURES, ERRORS, INTERRUPTIONS, OR LACK OF ACCESS TO ANY PROGRAM, SITE, PLATFORM, OR SERVICE. WE MAY INTERRUPT ACCESS FOR MAINTENANCE, SECURITY, OR ANY OTHER REASON—OR NO REASON—WITHOUT LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES (INCLUDING LOSS OF DATA, PROFITS, OR ECONOMIC ADVANTAGE) ARISING FROM OR RELATING TO YOUR USE OF ANY PROGRAM, SITE, PLATFORM, SERVICE, OR REFERENCE SITE, EVEN IF ADVISED OF THE POSSIBILITY.

17.2 Limitation of Damages – THE TOTAL AGGREGATE LIABILITY OF COMPANY (INCLUDING ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSEES, LICENSORS, AND SUPPLIERS) FOR ALL CLAIMS RELATING TO THIS AGREEMENT OR YOUR ACCESS/USE SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID FOR ACCESS OR USE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100.00).

17.3 Limitations by Applicable Law – THE ABOVE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME PROVISIONS MAY NOT APPLY TO YOU. HOWEVER, THIS AGREEMENT IS GOVERNED BY THE LAWS OF FLORIDA, AND TO THE EXTENT PERMITTED, LOCAL LAWS OF YOUR JURISDICTION DO NOT APPLY.

17.4 Basis of the Bargain – YOU AGREE THAT THESE DISCLAIMERS AND LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK, FORM AN ESSENTIAL BASIS OF THE AGREEMENT, AND ENABLE COMPANY TO OFFER PROGRAMS, SITES, AND SERVICES ON AN ECONOMICALLY REASONABLE BASIS.

18. Your Remedies

Your sole and exclusive remedy for any dissatisfaction with Supportclear, this Agreement, or any program, site, platform, service, or reference provider is to terminate your account and cease use.

19. Local Laws

Supportclear operates from Florida, USA. Accessing or using any program, site, platform, or service outside the United States is at your own risk, and you are responsible for compliance with applicable local laws and regulations.

20. Indemnification, Defense & Release

You agree to indemnify, defend, and hold harmless Supportclear, its affiliates, licensees, successors, officers, directors, employees, agents, and contractors (collectively, “Releasees”) from all claims, losses, damages, or expenses, including legal fees, arising from your access or use of any site, platform, program, or service, your violation of this Agreement, or your breach of any representation, warranty, or obligation herein. Supportclear may, at your expense, assume exclusive defense of any claim, and you will cooperate with such defense. You release the Company and its affiliates, officers, employees, and agents from all claims, whether known or unknown, accrued or unaccrued, arising from disputes with other users or third-party providers. This release is intended to be as broad and inclusive as permitted under Florida law. You agree that any breach by Supportclear will not entitle you to equitable relief, and your remedy will be limited to damages at law.

21. Claims / Time Limitation

Any claim arising out of this Agreement or your access or use must be filed within one (1) year of accrual, or it is permanently barred. This limitation does not apply to Supportclear’s rights to indemnification or defense.

22. Dispute Resolution

Governing Law: These Terms, including the Privacy Policy and any referenced agreements, are governed by the laws of the State of Florida, U.S.A., without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The Federal Arbitration Act governs all aspects of this Arbitration Agreement. Venue / Jurisdiction: You agree to submit to the exclusive personal jurisdiction of state or federal courts in Duval County, Florida, for the purpose of enforcing, vacating, or confirming arbitration awards, or for litigation only if arbitration is properly opted out or excluded.

23. Arbitration Agreement; Class & Consolidation Waiver; Waiver of Jury Trial

Informal Negotiations: Before initiating arbitration or litigation (unless injunctive relief is sought), you and the Company must attempt to resolve disputes informally. Disputes begin by sending a Notice of Dispute via email to Supportclear, Attn: Legal at legal@supportclear.com. Include a description of the dispute and the relief sought. Informal negotiations commence shortly after notice.

Agreement to Arbitrate: If a dispute is not resolved within 30 days after providing notice, you and the Company agree to resolve the dispute through final and binding arbitration under the rules of the American Arbitration Association (AAA) or, if AAA is unavailable, under the rules of J.A.M.S. Arbitration shall be conducted in accordance with Florida law and, where applicable, federal law. Arbitration shall be on an individual basis only and not as a class, collective, or representative action, except to the extent prohibited by applicable law.

Arbitrator Selection: Arbitrators must be retired judges or licensed attorneys with at least 10 years’ experience in commercial arbitration. If the parties cannot agree on an arbitrator within 15 days, AAA will appoint one. Arbitration will be conducted before a single arbitrator unless the AAA rules allow otherwise.

Initiating Arbitration: A form is available at www.adr.org. The initiating party must send a copy to the opposing party at the addresses listed above. Settlement offers are confidential and not disclosed to the arbitrator.

Improperly Initiated Claims: Claims filed contrary to these provisions are deemed improperly initiated. Supportclear may recover attorneys’ fees and costs up to $1,000 if notice is provided and the claim is not promptly withdrawn.

Fees, Costs, and Payment Responsibility: ALL FEES, COSTS, AND EXPENSES RELATED TO ARBITRATION, MEDIATION, OR LEGAL PROCEEDINGS ARE YOUR SOLE RESPONSIBILITY. SUPPORTCLEAR IS NOT LIABLE FOR ANY ATTORNEY, EXPERT, OR ADMINISTRATIVE FEES UNDER ANY CIRCUMSTANCES. YOU AGREE THAT THE COMPANY WILL NEVER PAY ANY PORTION OF YOUR FEES, CLAIMS, OR DAMAGES, REGARDLESS OF THE DISPUTE.

Excluded Disputes: Arbitration does not apply to intellectual property claims, individual claims in small claims court, claims that federal law prohibits from arbitration, or claims seeking injunctive relief.

Class and Representative Actions Waiver; Jury Trial Waiver: All disputes must be resolved individually. You and the Company waive the right to class, consolidated, multi-party, or representative actions and the right to a jury trial. Arbitrators may award relief only to the individual party seeking it.

Arbitration Procedure: The arbitrator applies applicable law, civil discovery rules, and principles of equity. Arbitration location defaults to your residence unless mutually agreed otherwise. Proceedings are confidential except as necessary to enforce the arbitration award or protect intellectual property. Arbitrator’s awards are final, binding, and enforceable in courts with authority to confirm, modify, or vacate.

Precedent: Arbitrators are not bound by rulings in arbitrations involving other users but must follow rulings involving the same user as required by law.

Enforcement of Awards: The losing party in enforcement proceedings agrees to pay reasonable attorneys’ fees and costs incurred in enforcing the arbitration award.

Severability: If any portion of this Arbitration Agreement (except the class action waiver) is invalid, the remainder remains in effect.

Opt-Out: You may opt out of this arbitration agreement (except specified sections) within 30 days of first acceptance by submitting to help@supportclear.com and receiving a confirmation email.

Amendments: Amendments do not apply to disputes filed before the amendment’s effective date. Continued use constitutes acceptance.

Survival: Sections by nature survive termination of your relationship with the Company.

24. Control of Your Login Password – Customers & Worksite Employees

You may not disclose your password to anyone except as authorized under specific contractual arrangements with the Company (“Authorized Password Users”). If your password is compromised, change it immediately and notify Supportclear. Unauthorized access can lead to loss of control over your personal information.

25. Minors

The Platforms are not intended for children under 16. Children under 16 may not provide personal information or use our email distributions. Minors aged 13–17 may only use the Platforms if properly employed and with explicit parental or guardian consent.

26. Other Important Terms

Privacy Policy and Law Enforcement: Our Privacy Policy governs the collection, use, and disclosure of personal information. By using the Platforms, you consent to electronic and other communications from the Company, including for legal compliance or reporting suspected illegal activity.

Anti-Spam Policy: Unsolicited email or text messages (spam) are prohibited. Report spam via the available Platform mechanism.

Governing Law: Florida law governs this Agreement, except as otherwise provided in the Arbitration Agreement.

No Waiver: Failure to enforce any provision does not waive future enforcement rights.

Cumulative Remedies: All remedies in this Agreement are cumulative and additional to other legal or equitable remedies.

Severability: If a court finds part of the Terms illegal, the rest remains in effect. Each section is independent.

Assignment: We may transfer our rights and obligations under these Terms to another organization with notice. You may not assign your rights without our written consent.

27. Electronic Transmission

Electronic acceptance or signature has the same legal effect as a written signature. Neither party may challenge the validity of electronic signatures or acceptance.

28. Governing Language

The Terms are in American English. In case of conflict with a translation, the American English version governs.

29. Legal Disclaimer

Our Platforms and Services are for educational and informational purposes only. They do not provide legal, financial, or professional advice. We are not a law firm, and no attorney-client relationship is created. You are responsible for consulting qualified professionals as needed.

30. Intellectual Property Rights

All content on the Platforms is protected by copyright, trademark, and other intellectual property laws. You may not use or reproduce content without express written consent. Feedback provided to the Company may be used freely without restriction.

31. Communications

Electronic Communications: By using our Platforms, you consent to receive communications electronically, including email, SMS, chat, or social media. Recording Calls: Calls may be monitored or recorded for quality, training, or legal purposes. Not all calls may be recorded.

32. Miscellaneous

Notices: All communications from you must be plain text, without tracking code, images, links, or attachments. Notices from us are effective upon posting or 24 hours after email is sent, or 3 days after certified mailing.

Waivers: Failure to enforce a provision does not waive the right to enforce it later.

Entire Agreement: These Terms supersede prior agreements and may only be modified as described herein.

Assignment: You may not assign your rights without written consent. We may assign freely.

Headings and Interpretation: Headings are for convenience. Plural includes singular and vice versa. Terms like “including” or “such as” are not limiting. No term is strictly construed against the Company.

Reservation of Rights: All rights not expressly granted are reserved.

Prevention of Unauthorized Use: We may take lawful measures, including technological barriers or ISP notification, to prevent unauthorized use of our Platforms or Services.

Survival: Sections that by nature survive termination include: 7, 14, 16–23, and 26–35.

Complaints: Florida residents may contact the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, 407 S. Calhoun Street, Tallahassee, FL 32399-0800, or call (800) 435-7352.

Questions or Comments: Send plain text inquiries to help@supportclear.com. Attachments are not accepted, and replies are not guaranteed.

33. Counterparts

This Agreement may be executed in multiple counterparts, each considered an original, together forming one instrument.

34. Truth

You declare, under penalty of perjury under Florida and U.S. law, that all information provided is true and correct. Your electronic signature or typed name constitutes legal agreement to these Terms.

35. Electronic Signature Acknowledgement

By submitting electronically or typing your name and clicking “Submit,” you acknowledge that you are legally bound by these Terms.

This document was last updated on December 15, 2025.