Terms of Service

These Terms of Service ("Terms") govern the use of Clawzia, a service provided by KELHOS BRAND LLC, a limited liability company under the laws of the State of New Mexico, USA, 8206 Louisiana Blvd NE, Ste A #7751, Albuquerque, NM 87113, USA ("we", "us", "our"), at clawzia.com. "You" means the business that creates a Clawzia account.

Important: Clawzia is a technical tool and does not provide legal advice.

Clawzia helps you display and operate an online withdrawal function on your online shop. Using Clawzia does not guarantee that your shop complies with the law. You remain responsible for your legal obligations towards consumers, including handling withdrawals and refunds. For advice on your situation, consult a qualified lawyer.

1. Definitions

• Service: the Clawzia software as a service, including the Widget, the Hosted Form, the Dashboard, the automatic emails, the Receipts and the related documentation.
• Widget: the script you add to your website. It shows a link with the withdrawal label for your country and opens the two-step withdrawal form.
• Hosted Form: the withdrawal form we host at clawzia.com for your shop. It is used when the Widget cannot run, for example when JavaScript is disabled.
• Dashboard: the area where you manage your shops, settings, withdrawal records and subscription.
• Modules: optional functions that you can switch on per shop in the Dashboard in addition to the withdrawal function, for example a notice about the legal guarantee, a button for consumers to cancel subscriptions and other continuing contracts, and a notice about AI chatbots. Modules are off by default.
• Consumer: a customer of your shop who uses the withdrawal function or a Module.
• Withdrawal Record: the data of a withdrawal statement, or of a cancellation declaration recorded by a Module, submitted through the Service, including its timestamps.
• Receipt: the timestamped confirmation of a Withdrawal Record with a receipt ID and a cryptographic hash that anyone with the receipt ID can check on our verification page. The verification page shows no personal data.
• Country Registry: our list of countries with the button and confirmation labels, legal references, dates, sources and verification status that the Service uses.
• DPA: our Data Processing Agreement (external link), including the standard contractual clauses it incorporates.

2. Who may use the Service

2.1 The Service is offered only to businesses acting for purposes of their trade, business, craft or profession. It is not offered to consumers.

2.2 The person who creates the account confirms that they are authorised to accept these Terms and the DPA on behalf of the business.

3. What the Service does and does not do

3.1 What it does. The Service lets you:

1. show a visible link on your website with the withdrawal label for the country you select;
2. offer consumers a two-step withdrawal form: a declaration screen, followed by a separate confirmation screen;
3. send the consumer an automatic acknowledgement email with the content of the statement and the date, time and time zone of its submission, in the consumer's language where available;
4. notify you by email and keep a record of each request in your Dashboard, with export as CSV and PDF;
5. issue a timestamped Receipt for each confirmed request that can be verified on our website;
6. if you switch them on for a shop, provide Modules. Each Module, the countries for which it is available and the rules you must follow when you use it are described in the Dashboard.

3.2 What it does not do. The Service does not:

1. provide legal advice or assess your individual legal situation;
2. decide whether a consumer has a right of withdrawal for a particular contract, or whether a withdrawal is valid or on time;
3. process refunds, returns or any payment between you and your consumers;
4. review your terms and conditions, withdrawal information, privacy notice or other legal texts;
5. guarantee that your shop complies with the law.

3.3 Labels and the Country Registry. Button and confirmation labels come only from the Country Registry. Each country shows its verification status and sources. For the withdrawal function: where the national wording of a country has not been verified, the Service shows the wording of the EU directive instead (in the consumer's language where available, otherwise in English), and your Dashboard marks the country as "monitoring – label pending legal verification". For Modules there may be no EU wording to fall back on: while the national wording of a Module has not been verified, the Module either shows the statutory wording quoted verbatim from the official source recorded in the Country Registry, marked in your Dashboard as pending legal review, or is not available for that country. We follow official sources for changes in the law and update the Country Registry, but we cannot guarantee that every change is reflected immediately. You should check the requirements that apply to your shop with your own adviser.

3.4 What is always created. For every confirmed request the Service always creates the Withdrawal Record with its timestamps, the audit entry, the Receipt and the acknowledgement email to the consumer. This applies to every plan and cannot be switched off. When an anti-abuse limit is reached (see the DPA), we hold an email for review and release it after the review: normally the acknowledgement email to a consumer, in rare cases the notification email to a notification address that is not one of your sign-in addresses. Such a hold does not affect the Withdrawal Record, the audit entry, the Receipt or the record in your Dashboard.

4. Your responsibilities

4.1 You are responsible for your legal obligations towards consumers. In particular, you are responsible for:

1. installing the Widget correctly and keeping it visible and accessible on your website for as long as applicable law requires, and not hiding, altering or removing the label it shows;
2. keeping your account and shop settings accurate, including your legal entity name, country, languages, time zone, website domains, notification email address and support email address;
3. checking regularly that the Widget is displayed (the Dashboard offers an installation check and a test request);
4. reading the notifications and Withdrawal Records we send you and handling each withdrawal, including any refund, within the time limits of applicable law;
5. providing consumers with any other information that applies to you, such as withdrawal information, and a privacy notice that mentions that we process withdrawal data on your behalf;
6. keeping a support email address in your shop settings. If the Widget cannot send a statement to our servers, it offers the consumer a pre-filled email to your support address and a link to the Hosted Form; if it cannot load its settings, it shows a link to the Hosted Form (see section 12.3). If you have not set a support email address, the Widget can offer only the link to the Hosted Form.

4.2 You must not use the Service in a way that misleads consumers or makes it harder for them to withdraw.

5. Account and sign-in

5.1 You sign in with a one-time link that we send to your email address ("magic link"). There is no password. Sign-in links expire after 15 minutes and can be used only once. A session ends after 30 days at the latest, and you can end all your sessions at any time with "Sign out on all devices" in the Dashboard.

5.2 You are responsible for the security of the email accounts used to sign in and for all activity in your account. Tell us without delay at contact@clawzia.com if you believe that someone has accessed your account without permission.

5.3 We may suspend access to an account temporarily if we have reason to believe that its security is at risk. We will tell you why, unless the law does not allow it.

6. Free trial

6.1 New accounts can use the Service free of charge for the trial period shown on our pricing page when you sign up (currently 14 days). You do not need to provide a payment method for the trial.

6.2 At the end of the trial you can choose a paid plan. If you do not, section 8 (grace period) applies.

7. Plans, prices and payment

7.1 The plans, their features and prices are shown on our pricing page. Prices are shown excluding VAT.

7.2 We sell the subscriptions and invoice them. Payments are processed by our payment provider Stripe, LLC ("Stripe"). VAT or other applicable taxes are calculated at checkout from your billing address and, if you provide it, your VAT identification number, and are shown on the invoice. Where applicable, the invoice shows the reverse charge instead of VAT. We never receive your full card or bank details.

7.3 Subscriptions are billed monthly or yearly in advance and renew automatically for the same period until cancelled.

7.4 We may change prices for future billing periods. We will tell you at least 30 days before the change takes effect for your subscription. If you do not agree, you can cancel before the new price applies.

7.5 One-time services, such as installation by us, are described on the order page and are billed as stated there.

8. Unpaid accounts and grace period

8.1 If the trial ends without a paid plan, or if a payment for your subscription fails, a grace period of 14 days starts. During a payment grace period our payment provider may retry the payment.

8.2 During the grace period the consumer-facing parts of the Service keep working: the Widget, the Hosted Form, the acknowledgement emails and the Receipts. We notify you by email and in the Dashboard.

8.3 If the account is still unpaid when the grace period ends, the account is marked as cancelled. The Widget, the Hosted Form, the acknowledgement emails and the Receipts keep working, but you can no longer add shops, and we show warnings in your Dashboard and by email. We do not show billing messages to your consumers.

8.4 We may end the Service for the shops of an account that remains unpaid. We will tell you at least 30 days before the Widget stops working, so that you can put another withdrawal function in place.

8.5 Your Withdrawal Records remain available for export as described in section 11.

9. Term, cancellation and termination

9.1 These Terms apply from the moment you accept them when you create an account (or, for an account that already exists, when you accept a new version) until the account is closed.

9.2 You can cancel your subscription at any time in the Dashboard (billing page, through our payment provider's customer portal). The cancellation takes effect at the end of the current billing period. Fees already paid are not refunded, unless applicable law or section 7.3 of the DPA provides otherwise.

9.3 We may end these Terms for convenience with at least 30 days' notice. We may suspend or end the Service with immediate effect if you seriously breach these Terms, for example by breaching section 10, or if continuing would put the security of the Service or of other customers at risk.

9.4 When the Service ends, the Widget and the Hosted Form stop working for your shops. Before that date, remove the Widget from your website and make sure that another withdrawal function is in place if applicable law requires one.

9.5 You can ask us at any time to close your account and delete your data by writing to contact@clawzia.com from the sign-in address of the account. We close the account when your paid period ends (or at once if you have no paid period), and section 11.5 applies from then.

10. Acceptable use

10.1 You must not:

1. use the Service, or data obtained through it, to send or prepare unsolicited commercial communications by any channel, including email, SMS and messaging apps such as WhatsApp. The Service does not offer bulk or cold messaging and you must not try to use it for that;
2. use the free compliance checker to scan websites in bulk or websites you have no legitimate reason to check;
3. try to access data of other customers, test the security of the Service without our written permission, bypass rate limits or other protections, or disrupt the Service;
4. submit test requests with personal data of real people without their consent;
5. use the Service for any unlawful purpose or to mislead consumers;
6. resell or provide the Service to third parties, except as allowed by the Agency plan or a separate written agreement with us.

10.2 We may suspend the affected part of the Service if you breach this section. Where possible, we will warn you first and give you a chance to stop the breach.

10.3 You are responsible for claims by third parties that result from your breach of this section.

11. Data and data protection

11.1 Your data. Your shop settings and Withdrawal Records belong to you. You can export Withdrawal Records from the Dashboard at any time while your account is active.

11.2 Processing on your behalf. When consumers use the withdrawal function of your shop, we process their personal data as your processor. The Data Processing Agreement (external link) forms part of these Terms and applies to that processing.

11.3 Our own processing. Our Privacy Policy (external link) explains how we process personal data as controller, for example to manage your account and to protect the Service against abuse.

11.4 Retention. By default, Withdrawal Records are kept for 3 years and then deleted, unless you set a different period in the Dashboard (12, 24, 36, 60 or 120 months). You decide which period is right for your legal obligations.

11.5 After the end of the Service. For 30 days after the end of the Service you can still export your Withdrawal Records. If you cannot do that in the Dashboard, write to us at contact@clawzia.com from the sign-in address of the account and we send you the export by email. After that we delete them, and your account data, within 30 days, as described in the Data Processing Agreement. Copies in encrypted backups disappear when the backups expire, at the latest 56 days later.

11.6 Anonymous statistics. We may use aggregated statistics that do not identify you, your consumers or any other person to operate and improve the Service.

12. Availability and support

12.1 We aim for an availability of the Service of 99.9% in each calendar month, excluding planned maintenance and events outside our reasonable control. This is a target, not a guarantee, and no service credits apply unless we agree otherwise in writing.

12.2 We carry out planned maintenance at times of low traffic where possible and announce it in advance by email to the account owner when it may interrupt the Service.

12.3 The Widget is designed to cope with partial outages: if it cannot send a statement to our servers, it offers the consumer a pre-filled email to your support address (if you have set one) and a link to the Hosted Form; if it cannot load its settings, it shows a link to the Hosted Form. During a complete outage of our servers, the Widget and the Hosted Form may not be available at all. We therefore recommend that your shop also shows another way to contact you, such as your email address.

12.4 Support is provided by email at contact@clawzia.com. We do not commit to a response time. Plans that include priority support are answered first.

13. Changes to the Service and to the Country Registry

13.1 We may develop and change the Service. We will not materially reduce the main features of your paid plan during a billing period you have already paid for.

13.2 We update the Country Registry when the law changes, when authorities publish guidance, or when national wording has been verified. Such updates may change the labels shown on your website automatically. We inform the account owner by email about changes that affect your shops, and the Dashboard shows the label and the verification status that currently apply to each of your shops.

14. Intellectual property

14.1 We and our licensors own the Service, including the software, the Widget code, the compilation of the Country Registry and the documentation. Texts of laws and official labels quoted in the Country Registry are not claimed by us.

14.2 While your account is active, you may use the Service for your own shops (or, on the Agency plan, for the shops you manage) in accordance with these Terms.

14.3 You allow us to host, copy and display your shop settings and content only as needed to provide the Service.

14.4 If you send us suggestions or feedback, we may use them without obligation to you.

15. Warranties

We provide the Service with reasonable care and skill. Except as expressly stated in these Terms and to the extent permitted by applicable law, we give no warranty that the Service meets your legal obligations, that it is free of errors or interruptions, or that the information in the Country Registry is complete or up to date at all times.

16. Liability

16.1 Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, for example liability for intent or gross negligence, for fraud, for death or personal injury, or under mandatory product liability rules.

16.2 Subject to section 16.1, we are not liable for fines, penalties, damages, extended withdrawal periods or other consequences that result from:

1. your configuration or installation of the Service, including a wrong country, language, legal name or email address, or a Widget that is missing, hidden, altered or removed;
2. the way you handle withdrawals, refunds or other obligations towards consumers;
3. changes in the law, or in the interpretation of the law by courts or authorities, that are not yet reflected in the Country Registry;
4. the use of the EU directive wording for a country whose national wording is marked in your Dashboard as pending legal verification, or of the statutory wording that a Module shows while it is marked in your Dashboard as pending legal review (section 3.3);
5. your content or the content of your website.

16.3 Subject to section 16.1, we are not liable for indirect or consequential loss, loss of profit, loss of revenue or loss of goodwill.

16.4 Subject to section 16.1, our total liability arising out of or in connection with these Terms in any 12-month period is limited to the greater of (a) the fees you paid for the Service in the 12 months before the event that gave rise to the claim and (b) EUR 100.

16.5 Nothing in this section limits the rights of data subjects under Art. 82 GDPR or under the standard contractual clauses in the DPA. Between you and us, the limit in section 16.4 also applies to claims under the DPA, to the extent permitted by law.

17. Events outside our control

We are not responsible for delays or failures caused by events outside our reasonable control, such as failures of public networks or energy supply, attacks on our systems despite appropriate security measures, or acts of authorities.

18. Changes to these Terms

18.1 We may change these Terms. We will tell you about changes by email to the account owner at least 30 days before they take effect. If you do not agree, you can cancel before the changes take effect.

18.2 Changes required by law or needed to fix a security problem may take effect sooner. We will tell you about them as soon as possible.

18.3 The version number and the date of the last update are shown at the top of this page.

19. Governing law and jurisdiction

19.1 These Terms are governed by the laws of the State of New Mexico, USA, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The DPA and the standard contractual clauses in it are governed by the law stated there, which is the law of Ireland.

19.2 Each of us may bring a claim against the other only before the courts at the other's seat: a claim against us before the state and federal courts located in the State of New Mexico, USA, and a claim against you before the competent courts of the place where your business has its registered office or main seat. Disputes arising from the standard contractual clauses in the DPA are decided by the courts of Ireland, as stated in the DPA. This section does not limit mandatory rules of law on jurisdiction. Either of us may ask any competent court for urgent interim measures, for example to protect intellectual property or confidential information.

19.3 Before starting court proceedings, each of us will first try to settle the dispute by writing to the other and allowing 30 days for a reply, unless urgent measures are needed.

20. General

20.1 These Terms, the Data Processing Agreement and the details of your plan are the whole agreement between you and us about the Service.

20.2 If a provision of these Terms is invalid, the rest remains valid.

20.3 We may transfer this agreement to a successor of our business. We will tell you in advance.

20.4 If we do not enforce a right immediately, we do not give it up.

20.5 If these Terms are provided in other languages, the English version prevails, unless mandatory law provides otherwise.

20.6 We send notices to you by email to the address of the account owner. You send notices to us by email to contact@clawzia.com.

21. Contact

KELHOS BRAND LLC, 8206 Louisiana Blvd NE, Ste A #7751, Albuquerque, NM 87113, USA
Email: contact@clawzia.com

Clawzia is a technical tool and does not provide legal advice.