Terms of Service

1. Agreement to Terms

By accessing or using Clusterden's services, website, or platform (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Clusterden ("we," "us," or "our"). You represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Description of Service

Clusterden provides a WhatsApp Business API customer engagement platform that enables businesses to:

• Manage customer conversations across multiple messaging channels
• Automate customer support with WhatsApp Business API responses
• Route conversations to appropriate team members
• Analyze customer engagement and performance metrics
• Integrate with various third-party services and platforms

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any harmful, offensive, or illegal content
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute the Service without authorization

5. Payment Terms

5.1 Subscription Fees

Access to certain features of the Service requires payment of subscription fees. Fees are billed in advance on a monthly or annual basis, as selected by you. All fees are non-refundable except as required by law.

5.2 Price Changes

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice of any price changes. Continued use of the Service after the price change constitutes acceptance of the new pricing.

5.3 Payment Processing

Payments are processed by third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for all fees owed.

6. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Clusterden and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms.

You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and distribute your content solely for the purpose of providing the Service.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

You are responsible for ensuring that any data you provide or process through the Service complies with applicable data protection laws, including GDPR, CCPA, and other relevant regulations.

8. Service Availability

We strive to provide reliable and continuous access to the Service. However, we do not guarantee that the Service will be available at all times or free from errors, interruptions, or security issues.

We may perform scheduled maintenance, updates, or modifications that may temporarily interrupt access to the Service. We will make reasonable efforts to provide advance notice of such interruptions when possible.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings.

9.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you:

• Violate these Terms or any applicable laws
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security risk to the Service or other users

9.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and data, subject to our data retention policies and applicable law.

10. Disclaimers and Limitations of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLUSTER DEN 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.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRIOR TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Clusterden and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Service, violation of these Terms, or violation of any third-party rights.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to the address associated with your account
• Displaying a notice within the Service

Your continued use of the Service after the effective date of the changes constitutes acceptance of the modified Terms.

14. Contact Information

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