Terms of Service — Klear
0. The parties
- "the Operator", "Klear", "we" — Chaim Marcus Law Office, registered address HaZayit 45, Tzur Hadassah, Israel. Privacy/complaints inquiries: dpo@marcus-law.co.il.
- "the Firm", "the Client", "you" — the law firm or other legal-practice entity that has signed an Order Form or completed self-service sign-up for the Klear service.
- "Users" — the individuals the Firm has authorised to access the Service under its account (partners, associates, paralegals and any staff the Firm invites). The Firm is responsible for its Users' compliance with these terms.
- "the Service" — Klear's SaaS-based legal case-management platform, as described in section 1, per the Firm's order.
- "Firm Data" — all data the Firm or its Users enter into or create within the Service (cases, parties, documents, meetings, decisions and other content).
1. Description of the Service and plans
Klear is a multi-tenant legal case-management platform for Israeli law firms: managing cases/ matters, parties and representatives, document management (Word/WebDAV), hearings and decisions, deadline tracking, tasks, notes, activities, basic billing, and — as a core part of the product, not a paid add-on — sync with the Israeli court system. Optional paid modules can be added (AI-based case memory, WhatsApp/email, digital signatures, and vertical add-ons such as legal aid) per the order.
The plans, module list, prices, billing cycles (monthly/annual), seat pricing and trial period are as set out in the Firm's Order Form or Klear's published price list. This document does not restate or re-derive pricing — the Order Form governs for each firm. The Operator may add new plans/modules or update pricing prospectively, with advance notice (section 11); the price of a given firm's active subscription does not change mid-term except as the Order Form or these terms permit.
Trial period: a new firm may start a 30-day trial with no credit card required. At the end of the trial, continued use is conditional on moving to a paid subscription; otherwise access is limited per section 6.4.
2. Eligibility and accounts
2.1 The Firm must be a licensed law firm, an in-house legal department, or another legal-practice entity lawfully operating in Israel (or another jurisdiction the Operator has expressly agreed to).
2.2 The Firm is responsible for: (a) the accuracy of its account/firm details; (b) all activity under its Users' accounts; (c) keeping login credentials and API tokens confidential; (d) promptly notifying the Operator of any suspected unauthorised access.
2.3 Every user account is personal; sharing login credentials between Users, or use of a single account by multiple people, is not permitted.
3. Permitted and prohibited use
The Firm and its Users shall not, in connection with the Service:
3.1 Confidentiality and professional responsibility — upload, process or transmit content in breach of a duty of confidentiality, attorney-client privilege, or a professional ethical rule the Firm owes its clients or third parties; the Firm alone decides what it enters into the system and bears full responsibility for those decisions.
3.2 Unlawful content — upload or process content that is unlawful, infringing, defamatory, or that they have no right to process (including client data processed without a lawful basis).
3.3 The lawyer's own professional responsibility — rely on Klear as a substitute for the Firm's own professional judgment. Klear is case-management software, not a law firm, and does not provide legal advice. Court-sync data, deadline calculations, and AI-based features (where the AI module is enabled) are aids only, requiring independent verification by a qualified lawyer before being relied upon for a filing, a deadline, or client advice; the Operator is not responsible for legal outcomes, missed deadlines, or advice given by the Firm or its Users to their own clients.
3.4 System integrity — attempt to breach the multi-tenant isolation of another firm's data, probe or bypass module/entitlement gates, reverse-engineer or scrape the Service, inject malicious code, or place unreasonable load on shared infrastructure.
3.5 Exceeding the order — use the Service beyond the seats, modules and fair-use quotas purchased, except to the extent that leads to the in-system warning/upgrade flow rather than constituting a breach in itself.
A material or repeated breach of this section 3 is grounds for suspension or termination under section 6.2.
4. Firm Data, confidentiality and data protection
4.1 Ownership. As between the parties, the Firm owns all Firm Data. The Operator acquires no rights in Firm Data beyond what is required to provide the Service.
4.2 Roles. Regarding personal data of the Firm's own clients processed through the Service, the Firm is the Data Controller and the Operator is the Data Processor, as set out in the Privacy Policy. The Operator's processing commitments (security measures, sub-processors, breach notice, deletion, audit rights) are detailed in the DPA, incorporated by reference into these terms; in the event of a conflict between these terms and the DPA on data-processing matters, the DPA governs.
4.3 Security posture. The Operator maintains structural multi-tenant isolation (a dedicated database per firm), encryption of sensitive fields, an audit log, and access controls appropriate to the sensitivity of legal data, as summarised to clients in the Privacy Policy / DPA.
4.4 Sub-processors. The Operator uses only documented sub-processors, each module-gated and opt-in — a firm on the base plan alone shares no data with any external sub-processor.
4.5 No use beyond purpose. The Operator will not use Firm Data for any purpose other than providing and improving the Service for that firm (and, where the firm has separately agreed, aggregated and de-identified statistical analysis), and will not sell Firm Data.
5. Payments and fees
5.1 Fees as set out in the Order Form, per the pricing of the plans/modules: a base subscription (per firm, including a fixed number of seats) plus any add-on module enabled, billed monthly or annually, in New Israeli Shekels, exclusive of VAT (18% VAT added on the invoice).
5.2 Non-payment. If an invoice is not paid by its due date, the subscription may move to a "past due" state, and after the applicable grace window, to a "grace" state (read-only: existing data remains accessible, but write actions are blocked), and if unresolved, to "suspended". The Operator will give reasonable notice before each stage.
5.3 Payments, once charged and paid, are non-refundable, except as required by binding Israeli law (consumer/contract law) or where the Operator has agreed otherwise in writing.
6. Term, suspension and termination
6.1 Term. These terms apply for the subscription term set out in the Order Form, and renew automatically for further terms of the same length (monthly/annual), unless either party gives notice of non-renewal at least 30 days before the end of the current term.
6.2 Termination for cause. Either party may terminate the engagement immediately upon written notice if the other party materially breaches these terms (including, on the Firm's part, a breach of section 3) and fails to cure the breach within 15 days of receiving notice, or becomes insolvent.
6.3 Termination for convenience. The Firm may cancel its subscription at any time, effective at the end of the current billing cycle, subject to section 5.3.
6.4 Effect of termination — export and deletion of data. Upon termination or cancellation, Firm Data is handled per the retention/export/deletion mechanism described in the Privacy Policy §6: the Firm may request a full export of its data before deletion, the data is retained in a read-only state through a defined grace window after cancellation, and is then permanently deleted.
6.5 Sections that by their nature survive termination continue to apply, including section 4 (confidentiality obligations regarding Firm Data preceding deletion), section 7 (liability), section 9 (intellectual property), section 10 (confidentiality), and section 13 (governing law).
7. Service availability, disclaimer and limitation of liability
7.1 The Operator will use commercially reasonable efforts to maintain Service availability, consistent with a growing SaaS service, but does not warrant uninterrupted or error-free operation.
7.2 Disclaimer. Except as expressly set out in these terms or the DPA, the Service is provided "AS IS" and "as available", and the Operator disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable Israeli law. The Operator does not provide legal advice or legal services — the Service is a software tool, and the Firm's own lawyers bear sole responsibility for the legal advice and services they provide to their own clients (section 3.3).
7.3 Limitation of liability. To the maximum extent permitted by law, neither party will be liable for indirect, consequential, special or punitive damages, or loss of profits or data, arising out of or related to these terms, even if advised of the possibility. Each party's aggregate liability arising out of or related to these terms is limited to the amount paid or payable by the Firm for the Service in the 12 months preceding the event giving rise to the claim.
7.4 Exceptions. The limitations in section 7.3 do not apply to: (a) indemnification obligations (section 8); (b) breach of confidentiality (section 10) or of the data-protection obligations in the DPA; (c) gross negligence or willful misconduct; or (d) liability that cannot be limited or excluded under binding Israeli law.
8. Indemnification
8.1 The Firm will indemnify and hold the Operator harmless from third-party claims arising from: (a) Firm Data or the Firm's use of the Service in breach of section 3; or (b) the Firm's or its Users' breach of law or a third party's rights.
8.2 The Operator will indemnify and hold the Firm harmless from third-party claims that the Service, as provided (excluding Firm Data and modifications made by the Firm itself), infringes an Israeli third party's intellectual-property right, and may, at its election, modify the Service, procure a license, or discontinue the affected functionality with a pro-rated refund.
9. Intellectual property
9.1 The Operator and its licensors own all rights in the Service (software, design and documentation), excluding Firm Data. The Operator grants the Firm a limited, non-exclusive, non-transferable right to access and use the Service during the subscription term, solely for the Firm's own internal business purposes and in accordance with the modules/seats ordered.
9.2 The Firm retains all rights in Firm Data and in any pre-existing material it uploads.
10. Confidentiality (mutual)
Each party will protect non-public confidential business and technical information (and, for the Firm, client-related information) disclosed under these terms, with a degree of care similar to that it applies to its own confidential information of similar sensitivity (and no less than reasonable care), and will use it only to perform its obligations hereunder. This section is in addition to — and does not replace — the Firm's own professional confidentiality/privilege obligations (section 3.1) or the Operator's processor obligations under the DPA.
11. Changes to the Service or these terms
The Operator may update these terms or the Service from time to time. For material changes, the Operator will give the Firm reasonable advance notice (e.g. an in-system notice or an email to the firm's account admin); continued use after the change's effective date constitutes acceptance. Pricing changes follow a set notice procedure and never apply retroactively to an already-billed period.
12. Force majeure
Neither party is liable for a failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control (for example, natural disaster, war or a security situation, government action, or an internet/infrastructure/cloud-provider outage).
13. Governing law and jurisdiction
These terms are governed by the laws of the State of Israel, without regard to conflict-of-law rules. The parties agree to the exclusive jurisdiction of the competent courts of the Jerusalem district, Israel.
14. Notices and contact
- General/legal notices to the Operator: Chaim Marcus Law Office, HaZayit 45, Tzur Hadassah, Israel.
- Privacy, data protection and complaints: dpo@marcus-law.co.il.
- Notices to the Firm are sent to the email address of the Firm's registered account admin.
15. Miscellaneous
15.1 Entire agreement. These terms, the Order Form, the Privacy Policy and the DPA constitute the entire agreement between the parties on this subject, and supersede prior agreements on the same subject.
15.2 Order of precedence. In the event of a conflict: the Order Form (for commercial terms) ← the DPA (for data-processing terms) ← these terms.
15.3 Assignment. The Firm may not assign these terms without the Operator's consent (not to be unreasonably withheld in the case of a firm merger or restructuring). The Operator may assign these terms in connection with a merger, acquisition, or sale of substantially all its assets.
15.4 Severability. If any provision is found unenforceable, the remaining terms continue to apply, and the unenforceable provision is replaced with an enforceable one closest to its intent.
15.5 No waiver. Failure to enforce any provision does not constitute a waiver of it.
15.6 Relationship of the parties. Independent contractors; nothing in these terms creates a partnership, joint venture, or agency relationship.
15.7 Language. This Hebrew version is the authoritative version; this English version is a translation for convenience, and the Hebrew version prevails in the event of any conflict.