Legal

Terms of Service

Last updated: May 15, 2026 · Effective immediately for new accounts

Please read these Terms carefully before using Clerke. By creating an account or using our services, you agree to be bound by these Terms. If you do not agree, do not use Clerke.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and TBG Shoppe / Clerke ("Clerke," "we," "our," or "us"), governing your access to and use of the Clerke platform, including all software, services, and content provided through getclerke.polsia.app and any related applications.

2. Eligibility

You must be at least 18 years of age to use Clerke. By using our services, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into these Terms, and are not prohibited by any applicable law from doing so.

3. Description of Services

Clerke provides the following services:

4. Account Registration

You must create an account to access Clerke's services. You agree to:

5. Fees and Payment

5.1 Subscription Fees

Subscription plans are billed monthly in advance. Beta pricing is available to qualifying accounts during our beta period. Prices are subject to change with 30 days' notice.

5.2 Beta Pricing Lock-In

Accounts that subscribe during the beta period at promotional rates will retain those rates as long as their subscription remains active and in good standing. Cancellation forfeits the promotional rate; resubscription is billed at then-current standard rates.

5.3 Refunds

Subscription fees are generally non-refundable. One-time service fees (formation, notary) are non-refundable once work has commenced. If a service cannot be delivered due to an error on our part, we will provide a full refund or service credit.

5.4 Taxes

You are responsible for all applicable taxes arising from your use of Clerke's services, except where Clerke is required to collect and remit taxes on your behalf.

6. Acceptable Use

You agree not to use Clerke to:

7. Tax Services Disclaimer

Clerke's AI document processing is a tool to assist tax professionals — it is not a substitute for professional tax advice. While all filings submitted through Clerke are reviewed by a certified tax preparer, you remain responsible for the accuracy of information you provide. Clerke is not liable for penalties, interest, or assessments arising from inaccurate information you submitted.

8. AI Receptionist Terms

The Ava AI Receptionist is powered by artificial intelligence. You acknowledge that:

9. Intellectual Property

Clerke and its licensors own all rights, title, and interest in and to the Clerke platform, including all software, design, trademarks, and content. You retain ownership of the documents and data you upload. By uploading documents, you grant Clerke a limited license to process and store them solely to deliver the services you've requested.

10. Data Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Tax documents and sensitive financial information are processed with industry-standard security measures.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLERKE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY. CLERKE'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO CLERKE IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Clerke, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of the services, violation of these Terms, or infringement of any third-party rights.

13. Termination

Either party may terminate your account at any time. Clerke may terminate or suspend access immediately for violation of these Terms or applicable law, without prior notice. Upon termination, your right to use the services ceases. Data retention post-termination is governed by our Privacy Policy.

14. Dispute Resolution

Any disputes arising from these Terms shall first be subject to informal resolution by contacting us at contact@tbgshoppe.com. Unresolved disputes shall be subject to binding arbitration under the American Arbitration Association rules, in Houston, Texas. This does not prevent either party from seeking injunctive relief in a court of competent jurisdiction.

15. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. You consent to personal jurisdiction in Harris County, Texas.

16. Changes to Terms

We may update these Terms periodically. We will notify you of material changes via email or a prominent notice in the platform at least 30 days before the changes take effect. Your continued use of Clerke after changes become effective constitutes acceptance.

17. Contact

Questions about these Terms? Contact us: