Terms of Service

Welcome to Clustr. These Terms and Conditions govern your use of the Clustr platform and services. By accessing or using our platform, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using the Clustr platform, website, mobile applications, or any other services provided by Clustr (collectively, the “Services”), you agree to be bound by these Terms and Conditions. If you do not agree to all of these Terms, you may not access or use our Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our platform or by sending you an email. Your continued use of the Services after such modifications will constitute your acknowledgment and acceptance of the modified Terms.

3. User Accounts

To access certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.

We reserve the right to disable any user account if we believe you have violated any provisions of these Terms or if activities occur which appear to be harmful to other users or our platform.

4. Content Policies

You are solely responsible for all content that you upload, post, email, transmit, or otherwise make available via our Services (“User Content”). You represent and warrant that:

You own or have the necessary licenses, rights, consents, and permissions to use and authorize Clustr to use all User Content in the manner contemplated by these Terms.
Your User Content does not violate any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights.
Your User Content complies with all applicable laws, rules, and regulations.

We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.

5. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Using the Services for any illegal purpose or in violation of any local, state, national, or international law.
Harassing, threatening, intimidating, or impersonating others.
Uploading or transmitting viruses, malware, or other types of malicious code.
Interfering with or disrupting the Services or servers or networks connected to the Services.
Attempting to gain unauthorized access to our Services, other user accounts, or computer systems.
Collecting or harvesting any personally identifiable information from the Services.
Using the Services for any commercial solicitation purposes without our prior written consent.

6. Intellectual Property Rights

The Services and their original content, features, and functionality are owned by Clustr and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

By submitting User Content to the Services, you grant Clustr a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Clustr's business.

7. Affiliate Program Terms

If you participate in our Affiliate Program, you agree to the following additional terms:

You will only use approved marketing materials provided by Clustr.
You will not engage in any deceptive or misleading practices.
Commission rates are subject to change with 30 days' notice.
Payments will be made according to our payment schedule, provided you have reached the minimum payout threshold.
We reserve the right to terminate your participation in the Affiliate Program at any time for any reason.

8. Creator Terms

If you are a content creator on our platform, you agree to the following additional terms:

You will comply with our Content Guidelines and Community Standards.
You will not upload content that infringes on any third-party rights.
Revenue sharing will be in accordance with our Creator Monetization Policy.
We reserve the right to remove content or terminate creator accounts that violate our policies.

9. Limitation of Liability

To the maximum extent permitted by law, Clustr shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Services.
Any conduct or content of any third party on the Services.
Any content obtained from the Services.
Unauthorized access, use, or alteration of your transmissions or content.

10. Disclaimer of Warranties

The Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis, without any warranties of any kind, either express or implied. We disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Indemnification

You agree to defend, indemnify, and hold harmless Clustr and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts located within Delaware.

13. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Clustr, Inc.
123 Creator Avenue
San Francisco, CA 94107
Email: legal@clustr.com
Phone: 1-800-555-1234