Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of getkieercard.com and the KleerCard spend-card platform (the "Service") operated by KleerCard, Inc. ("the Company," "we," "us," or "our"), a company headquartered at 102 South Tejon Street, Suite 1100, Colorado Springs, CO 80903. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

KleerCard provides spend cards and grant-compliance software to nonprofit organizations and other grant-funded entities. These Terms apply to all visitors, registered users, and administrators of the Service, including organization administrators who provision spend cards for cardholders within their organizations.

2. Use of the Service

• You must be at least 18 years old, or have the consent of a parent or legal guardian, to register for or use the Service.
• If you are registering on behalf of a nonprofit or other legal entity, you represent that you have authority to bind that entity to these Terms.
• You agree not to use the Service for unlawful purposes, to interfere with platform operation, or to attempt to gain unauthorized access to any system, data, or account.
• You agree not to misuse spend cards issued through the Service in a manner that violates your organization's grant restrictions or the card policies you configure.
• You may not scrape, reverse-engineer, or copy the Service or its underlying software except as permitted by applicable law.

3. Intellectual Property

The Service, including all text, graphics, logos, user interface elements, and software, is owned by the Company or its licensors and is protected by United States and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose: managing grant-coded spend and generating compliance documentation for your organization.

4. User Content and Organization Data

You are responsible for any content you submit through the Service, including grant codes, card policies, and transaction notes. You represent that you have all necessary rights and authorization to submit such content. You grant us a limited license to use, store, and process this content as necessary to provide the Service, including generating grant allocation reports, violation alerts, and audit exports on your behalf.

Transaction records and grant-coded data you input remain your organization's data. We process them as a service provider to help you maintain audit-ready books. We do not use your organization's transaction data for any purpose other than operating the Service and as described in our Privacy Policy.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT GRANT-CODING AUTOMATION WILL CATCH EVERY RESTRICTED-FUND VIOLATION IN ALL CIRCUMSTANCES.

Nothing in these Terms constitutes legal or accounting advice. You remain responsible for compliance with applicable grant agreements, regulations, and your organization's own policies. KleerCard is a tool to support your compliance processes, not a guarantee of regulatory compliance.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY MISSED GRANT VIOLATIONS OR AUDIT DISCREPANCIES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR USD $100 IF YOU HAVE PAID NOTHING.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, or (d) any misuse of spend cards issued to your organization's cardholders.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, we will retain transaction records for the period described in our Privacy Policy. Sections that by their nature should survive termination will survive, including Sections 3, 5, 6, 7, 9, and 10.

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a formal claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days. Most concerns about the platform can be resolved through direct conversation with our team.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Colorado, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction located in Colorado, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new effective date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact

KleerCard, Inc.
102 South Tejon Street, Suite 1100
Colorado Springs, CO 80903
Email: [email protected]
Phone: +1 (719) 457-0180