These Terms of Service ("Terms") govern your use of the Claridad platform ("Service"), operated by Ghst Particle, LLC, a Montana limited liability company ("Claridad", "we", "us", "our"). By creating an account or using the Service, you agree to these Terms in full.
Claridad helps Spanish-speaking residential contractors generate professional English-language quotes and invoices and deliver them to homeowners by SMS, email, or shareable link. The Service includes a WhatsApp-based bot interface, hosted quote and invoice pages, automatic speech recognition for Spanish-language voice notes, and translation/structuring of those notes into English-language documents.
Delivery disclaimer. "Delivery" means the recipient's mail server (for email) or the messaging carrier (for SMS) has acknowledged receipt of the message. Claridad does not guarantee inbox placement, message rendering, or that the recipient will read or act on the message. Delivery outcomes depend on factors outside our control, including recipient server filtering, carrier-level filtering, spam classification, mailbox quotas, and recipient phone status. We surface delivery, bounce, and complaint signals to you when provided by the receiving infrastructure.
Money disclaimer. Claridad is not a payment processor or money transmitter. Quote and invoice pages display the contractor's own payment handles (Venmo, Zelle, PayPal, Cash App, or contractor-specified text). Money flows directly from homeowner to contractor through those external services. Claridad does not hold, transmit, or escrow funds. Disputes about payment are between contractor and homeowner.
When you create a Claridad account, you become the operator of all activity under that account. An operator may be an individual contractor or an organization (LLC, partnership, etc.). You must provide accurate information during signup and keep it current. You are responsible for safeguarding your WhatsApp Business credentials and for all activity under your account.
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent.
As an operator, you agree that:
Every SMS dispatched through the Service requires a fresh attestation from the contractor that they obtained verbal consent from the homeowner during the corresponding service interaction. Claridad records, alongside each attestation: contractor identity, homeowner phone number, timestamp, rounded geolocation hash, and the artifact ID being sent. False attestation is a material breach of these Terms and will result in immediate account suspension, plus the contractor assuming full TCPA liability for any resulting violation.
You may not use the Service to:
The Service offers a free tier (the first 5 quotes/invoices are free) and paid plans ($5 per month or $29 per year). Paid plans are billed monthly or annually as selected at checkout, processed by Stripe. All fees are non-refundable except as required by law. We may change pricing with 30 days notice to active accounts. Continued use after a price change constitutes acceptance.
If payment fails, we will attempt to notify you and provide a 7-day grace period before downgrading your account to the free tier.
You retain all rights to the content you submit and the quotes/invoices generated on your behalf. You grant us a limited license to process, store, transmit, and deliver that content as necessary to provide the Service. We retain all rights to the Service itself, including our APIs, prompt designs, and infrastructure.
Our handling of data is described in our Privacy Policy and the public SMS Consent (Toll-Free) disclosure. We act as a data processor on your behalf for homeowner data you transmit through the Service.
Retention schedule: voice recordings retained 30 days; transcripts 90 days; bot conversation history 180 days; generated quote/invoice artifacts retained for the life of your account; attestation records and opt-out registry retained for the life of your account plus up to 4 years post-termination for TCPA compliance.
Data export. You may export your contractor account data at any time via the API or by request to support. Upon account termination, you will have a 30-day grace period to export before deletion of voice and transcript data begins. Attestation records and opt-out registry entries are retained as described above regardless of account status.
Organization operators. If you are using the Service on behalf of an organization (LLC, partnership, or other legal entity), that organization agrees to indemnify and hold harmless Ghst Particle, LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
Individual operators. If you are using the Service as an individual sole proprietor (not on behalf of an organization), your indemnification obligation is limited to claims arising from your negligent or willful violation of these Terms or applicable law, including negligent or willful false attestation.
To the maximum extent permitted by law: The Service is provided "as is" and "as available" without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy of automatic translation/transcription, or non-infringement. You are responsible for reviewing every generated quote and invoice before sending it.
Ghst Particle, LLC's total aggregate liability for any claims arising under these Terms shall not exceed the total fees you paid to us in the 12 months preceding the claim. In no event shall Ghst Particle, LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, business opportunities, or goodwill.
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including: acts of God, natural disasters, war, terrorism, government actions, power failures, internet or telecommunications outages, failures of upstream carriers, SMS provider, email provider, LLM provider, or ASR provider, DNS infrastructure disruptions, distributed denial-of-service attacks, or failures of receiving infrastructure to accept or deliver messages. During a force majeure event, affected obligations are suspended for the duration. If a force majeure event continues for more than 30 consecutive days, either party may terminate these Terms upon written notice.
You may terminate your account at any time by contacting support at [email protected] or via the in-app cancellation flow. We may terminate or suspend your account immediately for violations of these Terms, false attestation, or carrier-mandated takedown.
Upon termination, you will have a 30-day grace period to export your data via the API. After the grace period, voice and transcript data is permanently deleted on its original retention schedule. Generated artifacts, attestation records, and opt-out registry entries are retained as described in Section 8.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. At the claimant's election, arbitration may be conducted remotely (by videoconference or telephone), in the claimant's state of residence, or in Montana. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.
Class action waiver. You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Ghst Particle, LLC.
Small claims. Either party may bring claims within the jurisdictional limits of a small claims court in the claimant's state of residence or in Montana, instead of arbitration.
Exceptions. Either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.
We may update these Terms as the Service evolves. Material changes take effect 30 days after notification. Non-material changes take effect 14 days after notification. Continued use after changes take effect constitutes acceptance. We will notify active contractor accounts via WhatsApp and email before changes take effect.
These Terms are governed by the laws of the State of Montana, without regard to conflict of law principles. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right does not constitute a waiver. These Terms, together with the Privacy Policy and the SMS Consent disclosure, constitute the entire agreement between you and Ghst Particle, LLC regarding the Service.