CleverX Customer Terms of Service

Last updated: 16 July 2026

These Customer Terms of Service (the "Agreement") are a binding agreement between BluMatter, Inc., a Delaware corporation doing business as CleverX ("CleverX", "we", "us"), and the entity or person accessing the CleverX platform to run research ("Customer", "you"). You accept this Agreement by creating a researcher account, clicking to accept, signing an order form that references it, or using the Services. If you accept on behalf of a company, you represent that you have authority to bind it, and "Customer" means that company.

If you participate in studies as a research participant, the CleverX Participant Terms govern that activity instead.

1. The Services

CleverX provides a research platform: study creation and management tools (surveys, human-moderated interviews, AI-moderated interviews, unmoderated tests, video diaries, and related methods), participant recruitment from CleverX's network, partner panels, and audiences you bring yourself, scheduling, video sessions with recording and transcription, AI-assisted analysis, and payment handling for participant rewards (together, the "Services"). Recruitment support provided by CleverX's team as part of your plan is a service of effort, not a guarantee: feasibility, incidence, and timelines for reaching specific audiences vary, and CleverX does not warrant that any particular audience, quota, or timeline will be achieved.

2. Accounts, seats, and teams

You are responsible for your users, their compliance with this Agreement, and all activity under your accounts. Seats are for identified individuals within your organization and may be reassigned but not shared concurrently. You will keep credentials secure and notify us promptly of any unauthorized use.

3. Fees, credits, and payment

  • Fees are stated at purchase or in an order form. Payment is processed through our third-party payment processors. Amounts are in U.S. dollars unless stated otherwise, and are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.
  • Credits. Some Services are purchased with credits. Credits are prepayments for Services: they are not money, accrue no interest, are non-transferable outside your organization, and have no cash value. Credits expire twelve (12) months from purchase unless an order form says otherwise.
  • Fees and credits are non-refundable. CleverX may, in its sole discretion, issue refunds, credit adjustments, replacement participants, or other make-goods, including where participant submissions are rejected for quality; doing so in one case does not oblige us to do so in another.
  • Rewards you offer participants and pass-through recruitment costs are consumed from your budget or credits as studies run. Amounts committed to participants who have completed and been approved are payable to those participants and are not refundable.
  • For invoiced accounts, invoices are due within thirty (30) days of the invoice date unless your order form states otherwise. We may suspend Services for accounts with overdue amounts after notice.
  • Late cancellations and no-shows. If you cancel a scheduled live session within 24 hours of its start time, cancel after the participant has joined, or fail to attend, we may charge a portion of the participant's reward for that session to your budget or credits to compensate them for the reserved time. These charges are applied at our discretion; contact us to review a specific charge.
  • We may change pricing prospectively; changes do not affect credits already purchased or a current committed term.

4. Your studies and your responsibilities

You control the design and content of your studies. You are solely responsible for:

  • the legality of your study content, questions, screening criteria, and materials, and for any obligations that arise from what you choose to collect (for example, if your study collects health information, special categories of data, or data about minors, you are responsible for the lawful basis, notices, and consents that collection requires beyond what the platform provides);
  • screening criteria that do not unlawfully discriminate;
  • your treatment of participants in sessions you moderate; and
  • your compliance with laws applicable to your research, industry, and jurisdiction.

You will not use the Services to: collect data for surveillance, stalking, or profiling of identified individuals outside a legitimate research purpose; recruit for employment in disguise; run marketing, sales prospecting, or lead generation dressed as research; deceive participants about the nature of the study in ways that cause harm; attempt to unmask anonymous participants; or violate law.

5. Participant data: your obligations

Participants are people, and their profiles, contact details, responses, and recordings are personal data.

  • You may use participant personal data made available through the Services only for the research purposes of the study it was collected in, for internal analysis of that research, and as permitted by the Data Processing Addendum.
  • You may not: sell participant personal data; use it to build or enrich contact lists, advertising audiences, or databases; contact participants outside the platform except as the study expressly contemplates and the participant has agreed; use it to make decisions producing legal effects about the participant; or retain it longer than needed for the research purpose.
  • You will comply with privacy and data protection laws applicable to you as a controller of study data, and with the Data Processing Addendum at cleverx.com/dpa, which is incorporated into this Agreement.
  • Recordings of participants are for research use as described in the Participant Terms. Using a participant's name, likeness, or recording in public marketing requires the participant's separate consent, which you are responsible for obtaining.
  • If you bring your own audience (BYOA), you represent that you have the right to invite those people and that your invitations comply with law.

6. Intellectual property

  • You own your study results. As between you and CleverX, you own your study designs, questions, materials, and the responses, recordings, transcripts, analyses, and reports generated for your studies ("Study Results"). Participants license their content for research use as described in the Participant Terms, and CleverX passes the benefit of that license to you.
  • We own the platform. CleverX and its licensors own the Services, software, models, templates, and everything else that is not your content, including improvements. No rights are granted except as stated in this Agreement.
  • License to operate. You grant CleverX a license to host, process, transmit, and display your content and Study Results as needed to provide the Services, including AI processing you invoke (transcription, analysis, AI moderation).
  • Usage data. CleverX may use de-identified and aggregated data derived from use of the Services (for example, feature usage, quality signals, and benchmarks) to operate and improve the Services, provided it does not identify you, your studies' subject matter, or any participant. CleverX does not use your identifiable study content or Study Results to train artificial intelligence models.
  • Feedback you give us about the Services may be used without restriction.

7. AI features

Some Services use artificial intelligence, including AI-moderated interviews, transcription, summaries, and analysis. AI output can be inaccurate, incomplete, or biased. AI output is provided as a research aid, not professional advice; you are responsible for reviewing it and for decisions you make based on it. Where AI output is included in Study Results, it is owned as part of Study Results under Section 6.

8. Confidentiality

Each party will protect the other's non-public information received under this Agreement with at least reasonable care, use it only to perform under this Agreement, and not disclose it to third parties except to employees, advisors, and subprocessors bound by confidentiality. This does not apply to information that is public without breach, independently developed, or rightfully received from another source. Disclosure required by law is permitted with notice where lawful. Confidentiality obligations survive for five (5) years after termination, and for trade secrets, as long as they remain trade secrets.

9. Publicity

CleverX may identify Customer by name and logo as a CleverX customer in customer lists and marketing materials, in a manner consistent with Customer's brand guidelines if provided. Customer may opt out at any time by emailing sharekh@cleverx.com, and CleverX will remove new uses within a reasonable period. Any other public use of a party's name or logo requires the other party's written permission (email suffices).

10. Suspension

We may suspend access immediately if: your use threatens the security or integrity of the Services or participants; we reasonably believe you are violating Sections 4 or 5; or amounts are overdue after notice. We will restore access when the issue is resolved. Where practical, we will give notice before suspending.

11. Term and termination

  • This Agreement runs while you use the Services or hold an active subscription or credits.
  • Either party may terminate for material breach not cured within 30 days of written notice. We may terminate immediately for breach of Sections 4 or 5 that we reasonably believe causes harm to participants or the platform.
  • Renewal. Subscriptions renew automatically for successive periods equal to the original term unless either party gives notice of non-renewal at least 30 days before the renewal date (for monthly terms, before the renewal date). For annual terms, we will send a renewal reminder to your billing contact at least 30 days before renewal. You may stop using the Services at any time; fees for the committed term remain payable.
  • On termination: your access ends; unexpired credits are handled per Section 3 (non-refundable except discretionary make-goods); amounts owed remain owed; you may request an export of your Study Results within 30 days after termination; Sections 5, 6 (ownership), 8, 12 through 16 survive.

12. Warranties and disclaimers

We warrant that we provide the Services with commercially reasonable skill and care. Except for that, the Services, including recruitment, participant responses, and AI output, are provided "as is". To the fullest extent permitted by law we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty about the accuracy, completeness, honesty, or usefulness of participant responses or AI output. Research involves human beings; we do not warrant participant behavior, show rates, honesty, or the outcomes of decisions you make based on research.

13. Indemnification

  • By you. You will defend and indemnify CleverX and its officers, directors, employees, and agents against third-party claims and resulting damages and reasonable attorneys' fees arising from: your study content and design; your use of participant data in violation of Section 5 or law; your violation of law; or your infringement of third-party rights.
  • By us. We will defend and indemnify you against third-party claims that the platform software itself infringes a U.S. patent, copyright, or trademark, and pay resulting damages finally awarded, provided you promptly notify us and give us control of the defense. This does not apply to claims arising from your content, your studies, or combinations with things we did not provide. If the platform is enjoined, we may modify it, procure rights, or terminate and refund prepaid unused fees. This section states our entire liability for infringement.

14. Limitation of liability

To the fullest extent permitted by law: (a) neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, data, or goodwill, even if advised of the possibility; and (b) each party's total aggregate liability arising out of or relating to this Agreement will not exceed the amounts paid or payable by Customer to CleverX in the twelve (12) months before the event giving rise to the claim. These limits do not apply to: your payment obligations; your breach of Section 5 (participant data); either party's indemnification obligations; or a party's gross negligence or willful misconduct.

15. Disputes

Any dispute arising out of or relating to this Agreement will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, in Wilmington, Delaware or by videoconference. Both parties waive class actions and jury trials. Either party may seek injunctive relief in court for intellectual property misuse or breach of confidentiality, and either party may bring an individual claim in small claims court. Before arbitration, the parties will attempt good-faith negotiation for 30 days after written notice of the dispute. Judgment on the award may be entered in any court of competent jurisdiction.

16. Governing law

This Agreement is governed by the laws of the State of Delaware, without regard to conflicts of law rules. The Federal Arbitration Act governs Section 15. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Changes

We may update this Agreement prospectively. For material changes we will give at least 14 days' notice by email or in the product. Changes apply on renewal or, for non-subscription use, after the notice period. If a change materially harms you, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees for the terminated period.

18. General

This Agreement, the Data Processing Addendum, order forms, and policies referenced here are the entire agreement and supersede prior discussions. Order forms control over this Agreement if they conflict. Neither party is liable for delay caused by events beyond reasonable control. Notices to CleverX: sharekh@cleverx.com and the address below. We may assign this Agreement in connection with a merger, acquisition, or sale of assets. If a provision is unenforceable, the rest remain in effect. No agency, partnership, or joint venture is created.

19. Contact

BluMatter, Inc. d/b/a CleverX

131 Continental Drive, Suite 305, Newark, DE 19713

support@cleverx.com