These Terms of Service ("Terms") govern the sale and use of products and services provided by Clear Drop Inc. (referred to as "Clear Drop®," "we," or "us"). This includes the Soft Plastic Compactor (SPC), the Organics Collector (OC), related products (collectively, the “Products”), the Clear Drop® website, and any associated services (collectively, the “Services”). By accessing or using any of our Products or Services, you agree to these Terms. If you do not agree, you must discontinue use immediately.
These Terms apply to all users, whether or not an account is created. However, if you are purchasing Clear Drop® products for use in a commercial setting, such as offices or restaurants, certain provisions of these Terms may not apply to you. For clarification or inquiries, please contact us at support@onecleardrop.com.
To understand how we collect, use, share, and manage your personal information, please review our Privacy Policy[Hyperlink]. For additional assistance, reach out to our customer support team at support@onecleardrop.com.
1. Eligibility
1.1 Account Requirements.
While these Terms apply whether or not you create an account, certain Products and Services may require you to establish a Clear Drop® account. If required, you are responsible for maintaining the accuracy of your account information and safeguarding your account credentials. Notify us immediately if you suspect unauthorized access or misuse of your account.
- Location Limitations. Our Products and Services are intended for use within the contiguous United States and may not be available in other regions. Your account address (if required) must match the location where you use your Clear Drop® products. Clear Drop® is not liable for any loss, damage, or other issues resulting from the purchase or use of our Products and Services outside the contiguous United States. Users are responsible for complying with all applicable laws and regulations in the location where they use the Products and Services.
1.2 Acting on Behalf of Others.
If you use our Services on behalf of another individual or organization:
- You agree to these Terms on behalf of both yourself and that individual or entity;
- You confirm that you are authorized to accept these Terms on their behalf; and
- References to “you” throughout these Terms will include both you and the individual or entity you represent, unless otherwise stated.
2. Clear Drop® products
2.1 Clear Drop® products Components.
When purchasing a new Clear Drop® product, you will receive the following, unless otherwise specified at the time of purchase:
- The product you have ordered and paid for,
- Access to our dedicated support team,
- A one-year limited warranty for certain covered repairs or replacements excluding any consumables
- Additional offers, gifts, credits, or other benefits provided at our discretion.Please note that product offerings, as well as the accompanying items with the Soft Plastic Compactor (SPC) or Organics Collector (OC), are subject to change.
2.2 Delivery and Inspection.
Clear Drop® will provide instructions for the delivery and setup of your product. Upon receipt, it is your responsibility to inspect the product and promptly report any damage or defects within 3 days. Failure to do so will be deemed as confirmation that the product was received in good condition.
2.3 Safety.
Before using any Clear Drop® product, you must review the safety guidelines and instructions provided. These guidelines must be adhered to at all times to ensure the proper and safe use of the product.
2.4 Setup and Use.
You are responsible for setting up and operating your Clear Drop® product in compliance with the instructions provided, including guidance from our support team if needed. The product must only be used with authorized accessories (e.g., power supplies or filters) provided by Clear Drop®.
2.5 Filter Replacement.
You may order a replacement charcoal filter for your Organics Collector through our web page or by contacting us at support@onecleardrop.com. Charcoal filters cannot be transferred or re-sold. You agree to return your used filter, at our expense, if we ask you to send it back.
2.6 Prohibited Materials.
You may place a variety of materials in your Clear Drop® appliances; however, certain materials must not be included. You agree not to place any items in your Clear Drop® products beyond their intended use, including but not limited to materials not specified in the list of acceptable items provided in our instructions included with your Clear Drop® product, which is subject to updates. Furthermore, you agree to refrain from introducing any materials that could pose a safety risk, cause harm to you and/or others, or result in damage or degradation to the product, regardless of whether such materials are explicitly identified by Clear Drop® as unsuitable (collectively referred to as "Prohibited Materials"). If you are uncertain whether a material is suitable, please contact our support team at support@onecleardrop.com for assistance.
2.7 Clear Drop® products Warranties.
All Clear Drop® equipment is covered by a one-year limited warranty from the date your Clear Drop® appliance was delivered, addressing manufacturing defects. Warranty claims must be submitted with proof of purchase.
The warranty covers:
- Repair: For minor issues, send us your product, and we’ll repair it and return it in fully working condition.
- Replacement: If repair isn’t feasible, we’ll provide a replacement.
- Warranty Duration: Any repaired or replaced product will carry the remainder of the original warranty period.
The warranty does not cover:
- Damage caused by misuse, improper operation, or failure to adhere to the product's usage instructions.
- Damage resulting from accidents, impacts, drops, or external forces, including exposure to extreme temperatures or environmental conditions.
- Unauthorized modifications, repairs, or alterations made to the product.
- Normal wear and tear, including degradation of components due to regular use.
- Damage caused by the introduction of materials not approved for use in the product, as specified in the product's instructions or guidelines.
- Loss or theft of the product or any of its components.
- Malfunctions or damage resulting from failure to properly clean, maintain, or care for the product in accordance with the provided instructions.
- Issues arising from the use of third-party accessories, consumables, or components not explicitly authorized by Clear Drop®.
- Damages or malfunctions caused by electrical surges, power supply issues, or improper voltage connections.
- Products that have been resold, transferred, or purchased from unauthorized distributors or retailers.
- Damage caused by the operation of the product outside of its intended purpose or designated environment.
- Any cosmetic damage, such as scratches, dents, or discoloration, that does not impact the product's functionality.
Clear Drop® products are designed for general household use and are not intended to process materials with specific health, environmental, or performance outcomes. We do not guarantee that the use of our products will result in any specific health benefits or prevent any health-related issues. You acknowledge that the materials you introduce into Clear Drop® products are outside our control, and therefore, we cannot guarantee consistent or ideal results, including the quality or appearance of the processed materials (e.g., "blocks" or other outputs).
Any dissatisfaction with the outcomes of product use, such as frustration, emotional distress, or dissatisfaction with the quality of processed materials, does not constitute a defect and is not covered under the warranty. The warranty specifically excludes claims related to the suitability, effectiveness, or performance of the product in any particular scenario or with any specific material.
2.8 Clear Drop®products Return and Refund.
You have a 30-day trial after receiving your product. If you are not satisfied, you may return the product within the 30-day trial for a full refund of the product price, excluding shipping costs. To qualify for a full refund, products must be returned in good condition with all initial components included and within your 30 days trial since you received the order. If 30 days or more have passed since you received the unit, we cannot offer you a refund or return. You are still eligible to be covered by the 1 year limited warranty which covers warranty replacement, but does not qualify for a refund.
To claim a refund you should contact us via support@onecleardrop.com.
If the returned product shows signs of excessive wear and tear, or damage, or is missing components, a partial refund will be issued. The refund amount may be up to 80% of the product price, depending on the condition of the returned item. The exact percentage will be determined based on the extent of the wear and tear, damage, or missing components, as assessed during the inspection process.
Refunds will be processed to the original payment method within fourteen (14) days of the cancellation request or notification after the product is received and inspected by our team. Please be advised that, in certain circumstances, the processing of refunds may take longer due to the policies and processing times of financial institutions.
3. General Terms of Sale of Products and Services
3.1 Sale of Products and Services.
Clear Drop® accepts orders for its Products and Services exclusively through its official website and other authorized sales channels. Unless otherwise specified in these Terms or at the time of purchase, payment for Products and Services is required at the time the order is placed. You agree to provide accurate, complete, and up-to-date information when making any purchase. Title to and risk of loss for any purchased Products will transfer to you upon our delivery of the Product to the freight carrier. However, Clear Drop® or the carrier will remain responsible for any loss or damage incurred during transit to you.
3.2 Pricing.
The total price for your order, including applicable taxes, shipping charges, and any discounts, will be displayed at checkout before you complete your purchase. All prices are listed in U.S. dollars. Clear Drop® reserves the right to adjust prices at any time; however, such changes will not affect any previously placed orders. Price protection or refunds due to price drops or promotional discounts after purchase are not offered. In cases where a Product or Service is erroneously listed at an incorrect price, Clear Drop® reserves the right to refuse or cancel any orders placed for such items, regardless of whether the order has been confirmed or payment has been processed. If payment has already been made and the order is canceled, Clear Drop® will issue a full refund to the payment method used.
3.3 Order Fulfillment.
Order fulfillment is subject to product availability and is not guaranteed to occur in the order in which requests are received. Clear Drop® reserves the right to:
- Impose quantity limits on any order,
- Reject all or part of an order, and
- Discontinue the sale of Products or Services without prior notice.
If an order is canceled, any payments received will be refunded to the payment method used for the order. Refunds will only cover the payment amount received and will not include interest or additional compensation. Delivery delays may occur, and Clear Drop® disclaims any liability, to the extent permitted by law, for loss, damage, or penalties arising from shipment or delivery delays.
3.4 Restrictions on Resale and Export.
Clear Drop® Products and Services are intended, designed, and recommended for personal household use. They are not intended for industrial or large-scale commercial applications. Limited use in small business or organizational settings is permitted, provided that the number of users and the frequency of usage remain within reasonable limits as specified in the user manual and aligned with the intended capabilities of the products. Specifically, the SPC is designed to produce up to 60 plastic blocks per year, and the OC to process up to 52 full-load portions of organic material annually.
Any usage exceeding these parameters may void the warranty and is not supported under our Terms of Service.
Any purchase of Products or Services for resale to third parties is unauthorized. Clear Drop® reserves the right to refuse or cancel orders suspected of being made for resale purposes. You agree not to export or re-export any Clear Drop® Products, Services, or related technical information to any destination or individual prohibited under applicable laws, including but not limited to U.S. export control laws and regulations.
3.5 Promotional Offers.
Clear Drop® may occasionally offer promotional discounts, plans, products, or subscriptions. Eligibility for such promotions is determined at Clear Drop®’s sole discretion. Clear Drop® reserves the right to revoke any promotional offer, terminate related accounts, or withdraw Products or Services if it is determined that eligibility requirements are not met. All terms, conditions, and limitations applicable to promotional offers will be disclosed at the time of the offer or through related communications.
4. Other Payment Terms
4.1 Payment Method.
To create an account or purchase Clear Drop® Products, you must provide a valid payment method. By designating a payment method, you represent and warrant that you are authorized to use the selected payment method for the transaction.
4.2 Errors.
In the event of a billing or pricing error, Clear Drop® reserves the right to correct the error and adjust your payment accordingly, which may include charging the correct price. You will be notified of any such corrections promptly.
5. Intellectual Property
5.1 Ownership.
All rights, title, and interest in and to the Products and Services, including but not limited to text, graphics, images, photographs, videos, illustrations, firmware, and all associated intellectual property rights (including copyrights, patents, trademarks, and trade secrets), are the sole property of Clear Drop® or its licensors and are protected by applicable United States and international laws. Possession, access, or use of the Products or Services does not transfer any ownership rights, title, or interest in the intellectual property to you or any third party. Except as expressly stated in these Terms, all rights in and to the Products and Services, including intellectual property rights in the firmware or software embedded in the Clear Drop® Products, are reserved by Clear Drop® or its licensors.
5.2 Limited License and Updates.
Subject to these Terms, Clear Drop® grants you a non-exclusive, non-transferable, revocable, limited license to use the Products and Services solely for your personal, non-commercial use. This license includes the use of any firmware or software embedded in the Products, but such use is limited to the extent permitted under these Terms. Any updates, modifications, or enhancements to the firmware or software may be provided at our sole discretion and will be subject to these Terms.
5.3 Feedback.
If you voluntarily provide Clear Drop® with any suggestions, ideas, questions, comments, or other feedback regarding the Products and Services (“Feedback”), you acknowledge that such Feedback is non-confidential and becomes the sole property of Clear Drop®. By submitting Feedback, you grant Clear Drop® a perpetual, irrevocable, non-exclusive, royalty-free, fully paid, sublicensable, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works based on the Feedback in any media now known or later developed, for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Additionally, you irrevocably waive any “moral rights” or other rights concerning attribution of authorship or integrity of materials regarding Feedback, to the extent permissible under applicable law.
5.4 Trademarks.
Clear Drop®, its logos, product and service names, slogans, the design and appearance of the Products and Services, and any other trademarks, trade dress, or intellectual property listed in the Trademark Notices section of the Clear Drop® website are the exclusive trademarks of Clear Drop®. These trademarks may not be copied, imitated, or used, in whole or in part, without prior written authorization from Clear Drop®. All other trademarks, registered trademarks, product names, and company names mentioned in the Products or Services are the property of their respective owners. Reference to any third-party products, services, or other information does not imply endorsement, sponsorship, or affiliation by Clear Drop®.
6. Disclaimers of Warranties
6.1 The use of our Products and Services.
The use of our Products and Services is undertaken at your own discretion and risk. Unless explicitly stated otherwise in a written agreement provided by us, all Products and Services are delivered on an “as-is” and “as-available” basis, without any form of warranty, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, suitability for a specific purpose, ownership, and non-infringement. Furthermore, we make no claims or assurances that our Products and Services will be free from errors, omissions, inaccuracies, or interruptions, or that they will meet your expectations in terms of completeness, reliability, or timeliness. You accept full responsibility for evaluating the performance and quality of the Products and Services.
7. Limitation of Liability
7.1 Exclusion of Damages.
To the maximum extent permitted by applicable Texas law, and except as expressly provided in the limited warranty associated with your Clear Drop® product, Clear Drop Inc. and its affiliates, including officers, directors, employees, agents, licensors, and suppliers (collectively, the "Company Affiliates"), disclaim all liability for indirect, consequential, incidental, punitive, or special damages, as well as lost profits, regardless of the legal theory under which the claim is brought - whether in contract, tort (including negligence), strict liability, or warranty - even if the Company Affiliates were made aware of the potential for such damages.
7.2 Limitation of Aggregate Liability.
The aggregate liability of the Company Affiliates, whether arising from or related to these Terms, your use of the Products or Services, or any applicable warranty, is strictly limited to the greater of $100 or the total amount you paid for the Product or Service in question.
7.3 Exceptions to Limitations and Exclusions.
The limitations and exclusions outlined above shall not apply in cases involving:
- Gross negligence, intentional misconduct, or fraudulent acts by the Company Affiliates.
- Personal injury or property damage caused solely by the Company’s negligence or a manufacturing defect in the Clear Drop® products.
- Obligations that cannot be excluded or restricted under applicable Texas law, including, but not limited to, claims arising under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA).
7.4 Applicability of Limitations Under Texas Law.
Texas law prohibits the exclusion or limitation of incidental or consequential damages in certain scenarios; therefore, some of the above limitations or exclusions may not apply to you.
7.5 Release of Liability for Third-Party Disputes.
To the fullest extent allowed under Texas law, you agree to release Clear Drop Inc. and the Company Affiliates from any and all responsibility, liability, claims, demands, and damages—whether actual or consequential—that arise from disputes involving other users or the actions or omissions of third parties. This release is an essential condition for your use of our Products and Services and is irrevocable.
8. Changes to Terms
8.1 We reserve the right to modify these Terms periodically. Should any changes occur, we will provide notice via methods such as email communication, updates posted within our Services, or by amending the "Last Updated" date at the beginning of these Terms. Unless specified otherwise, the updated Terms will take effect immediately upon notification. By continuing to access or utilize our Products and Services after such notice, you signify your acceptance of the revised Terms. If you do not agree with the revised Terms, you must discontinue your use of the Products and Services. Please note, changes to these Terms do not grant a new opportunity to opt out of arbitration.
9. General
9.1 Severability.
Unless otherwise specified in Section 9.13, if any provision or a part of a provision in these Terms is deemed unlawful, invalid, or unenforceable, such provision or part thereof will be removed from these Terms. The remainder of the Terms will continue to remain valid and enforceable to the fullest extent permitted by law.
9.2 Investigations.
You agree to provide reasonable assistance upon request in connection with any regulatory, compliance, legal, or investigative processes, including inquiries, proceedings, applications, or reviews related to our Products and Services.
9.3 Governing Law and Jurisdiction.
These Terms, and any disputes arising from or relating to your use of our Products or Services, shall be governed by and construed in accordance with the laws of Texas, excluding any conflict-of-law principles that would require the application of the laws of another jurisdiction, except where preempted by U.S. federal law. Any disputes not subject to arbitration under Section 17 will be adjudicated exclusively in the state or federal courts located in McKinney, Texas.
9.4 Waiver of Class or Consolidated Actions.
YOU AND CLEAR DROP AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Clear Drop is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 9.3.
9.5 Notices and Communications.
We may provide you with required notifications, as well as communications for marketing or other purposes, through various methods at our discretion. These may include email communications sent to the primary email address linked to your account, hard-copy mail, postings on our website, or other reasonable methods.
