Terms of Service

The Service is built for business use. You are entering into these Terms on behalf of the business you represent, and you confirm that you have the authority to bind that business. “You” and “Customer” in these Terms mean that business, including the team members you invite to your workspace.

If you do not agree to these Terms, do not use the Service.

Clustly provides the Service through two operating entities. The entity you contract with — and the law that governs these Terms — depends on where your business is located:

References to “Clustly”, “we”, “us”, and “our” in these Terms mean the entity you contract with under the table above.

Clustly GenOS gives your business an AI agent — GenOS — that works alongside your team: it drafts and schedules marketing, answers customer messages on connected channels such as WhatsApp, Instagram, and Facebook, manages bookings and your calendar, and can place and answer phone calls on your behalf.

GenOS operates under your supervision. Actions that reach your customers follow the approval and autonomy settings you configure in your workspace, and you remain responsible for everything sent at your direction (see Section 7).

We are continuously improving the Service and may add, change, or remove features. If a change materially reduces the core functionality you pay for, you may cancel and receive a pro-rated refund of any prepaid, unused fees.

• You must be at least 18 years old to use the Service.
• You must provide accurate account and business information and keep it up to date.
• You are responsible for safeguarding your login credentials and for all activity under your account, including activity by team members you invite.
• Notify us promptly at support@clustly.ai if you suspect unauthorized use of your account.

• Free trial. New workspaces get a 14-day free trial with full functionality. No payment card is required, and the trial does not convert into a paid subscription automatically — you are only charged if you choose a paid plan.
• Subscriptions. Paid plans are billed in advance on a recurring basis and renew automatically until cancelled. You can cancel at any time; cancellation takes effect at the end of the current billing period.
• Price changes. We will give you at least 30 days’ notice before a price change takes effect, and it will apply from your next billing period.
• Taxes. Fees are exclusive of taxes; you are responsible for applicable sales, GST, VAT, or similar taxes, other than taxes on our income.
• Refunds. Except where these Terms or applicable law require otherwise, fees are non-refundable.

You own your content. Everything you and your team put into the Service — business information, messages, media, contact lists, and other material (“Customer Content”) — remains yours. You grant us a limited license to host, process, transmit, and display Customer Content solely to provide and secure the Service.

You own the output. As between you and Clustly, the posts, replies, and other material GenOS generates for your business (“Output”) belongs to you once delivered.

AI can be wrong. GenOS uses generative AI, which can produce output that is inaccurate, incomplete, or inappropriate for your situation. Review Output before relying on it or publishing it. Output is not legal, medical, financial, or other professional advice, and similar Output may be generated for other customers.

You are responsible for ensuring that Customer Content does not infringe anyone’s rights and that you have the necessary permissions to share it with us.

GenOS sends messages, publishes posts, and places phone calls to your customers at your direction. Because communication and telemarketing laws differ by country, you are responsible for making sure that outreach sent on your behalf is lawful in the places your customers live, including:

• having a lawful basis or valid consent to contact each recipient (for example, marketing-consent rules, and laws such as the U.S. TCPA and CAN-SPAM, Singapore’s Spam Control Act, and their equivalents);
• honoring opt-outs, unsubscribe requests, and do-not-call registries;
• obtaining any consent required to record calls where call recording is enabled; and
• complying with the rules of each connected channel, such as the WhatsApp Business terms and Meta’s platform policies.

We may pause or restrict messaging or calling activity that we reasonably believe is unlawful or violates a channel’s rules, and will notify you when we do.

The Service connects to third-party platforms — including WhatsApp, Instagram, and Facebook (Meta) and Google services — under those platforms’ own terms, which you must also comply with. Third-party platforms are outside our control: we do not guarantee their availability, and we are not responsible for their acts, omissions, or changes to their APIs or policies that affect the Service.

You agree not to use the Service to:

• break the law or infringe anyone’s rights;
• send spam or unsolicited communications, or engage in deceptive, fraudulent, or harassing conduct;
• misrepresent AI-generated communications as coming from a human where the law requires disclosure;
• upload malicious code or attempt to breach or probe our systems;
• access the Service to build a competing product, or resell it without our written agreement;
• circumvent usage limits, or interfere with other customers’ use of the Service.

We may suspend or terminate accounts that violate this section, with notice where practicable.

The Service — including its software, design, and branding — is owned by Clustly and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service for your business during your subscription. If you send us feedback or suggestions, we may use them without restriction or obligation to you.

Our Privacy Policy explains how we handle personal data. Where the Service processes personal data of your customers (contacts, message threads, bookings, call recordings), we act as your processor and process that data only on your instructions. A data processing addendum is available on request at support@clustly.ai.

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that using GenOS will achieve any particular business result.

To the fullest extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill; and (b) our total liability arising out of or relating to the Service is limited to the amounts you paid us for the Service in the 12 months before the event giving rise to the claim (or USD 100 if you have not paid us any fees).

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.

You will defend and indemnify Clustly against third-party claims arising from (a) Customer Content, (b) communications sent or calls placed at your direction, or (c) your breach of these Terms or of applicable law — except to the extent the claim results from our own breach or misconduct.

You can stop using the Service and delete your workspace at any time from your settings. We may suspend or terminate your access if you materially breach these Terms and (where the breach is curable) do not cure it within a reasonable period after notice.

After termination, your right to use the Service ends. You can export your data before deleting your workspace; retention and deletion of personal data after that is described in the Privacy Policy. Sections of these Terms that by their nature should survive (including Sections 6, 10, and 12–16) survive termination.

These Terms are governed by the law of the entity you contract with under Section 2 — the laws of the State of Delaware, United States if you contract with Clustly Inc., or the laws of Singapore if you contract with Clustly Pte. Ltd. — excluding conflict-of-law rules. Disputes will be resolved exclusively in the state and federal courts located in Delaware, United States (for Clustly Inc.) or the courts of Singapore (for Clustly Pte. Ltd.), and each party consents to that jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

We may update these Terms from time to time. For material changes, we will give you at least 30 days’ notice by email or in the app before they take effect. If you continue using the Service after a change takes effect, you accept the updated Terms; if you do not agree, cancel before the effective date.

Questions about these Terms, legal notices, and data processing requests can be sent to support@clustly.ai. We will respond as quickly as we can.