Agreement to Terms
These Terms of Service ("Agreement") constitute a legally binding contract between you ("User," "you," or "your") and Clutr Labs LLC, a Wyoming limited liability company ("Company," "we," "our," or "us"), governing your access to and use of the Clutr mobile application ("Application") and the website located at clutrlabs.com ("Site").
By downloading, installing, accessing, or using the Application or Site, you represent that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree to these terms, you must immediately discontinue use of the Application and Site. This Agreement also incorporates our Privacy Policy, which is available at clutrlabs.com/privacy.
Eligibility
To use the Application, you must be at least 13 years of age. By accessing or using the Application, you represent and warrant that you meet this minimum age requirement. If you are between the ages of 13 and 18, you represent that you have obtained the consent of a parent or legal guardian to enter into this Agreement. The Application is not intended for, and may not be used by, individuals who have previously had their accounts terminated by the Company for violations of this Agreement or any applicable policy.
Account Registration and Security
Access to certain features of the Application requires creation of a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately at admin@clutrlabs.com upon becoming aware of any unauthorized access to or use of your account. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of this Agreement.
Third Party Authentication Services
We offer the option to register and authenticate using third party identity providers including Google, Apple, Facebook, and Microsoft. If you elect to use a third party authentication service, your use of that service is subject to the applicable third party's own terms of service and privacy policy, over which we have no control and for which we bear no responsibility. By using a third party authentication service, you authorize us to collect and process the limited profile information made available by that provider in accordance with our Privacy Policy.
License Grant and Restrictions
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on a device that you own or control, solely for your personal, non-commercial purposes. This license does not include the right to sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Application.
You expressly agree not to:
- Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Application or any part thereof
- Remove, alter, or obscure any proprietary notices, labels, or marks on the Application
- Use the Application to develop a competing product or service
- Access or use the Application through any automated means, including bots, scrapers, or crawlers
- Circumvent, disable, or otherwise interfere with security features of the Application
- Use the Application in any manner that violates applicable law or regulation
Acceptable Use Policy
You agree to use the Application solely for lawful purposes and in a manner consistent with this Agreement. You agree not to use the Application to:
- Harass, abuse, threaten, stalk, defame, or otherwise violate the legal rights of any other person
- Upload, transmit, or distribute content that is unlawful, harmful, obscene, fraudulent, or otherwise objectionable
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Transmit unsolicited commercial communications, malware, viruses, or any other harmful code
- Interfere with or disrupt the integrity, performance, or availability of the Application or its underlying infrastructure
- Attempt to gain unauthorized access to any systems, networks, or data connected to the Application
We reserve the right to investigate and take appropriate action in our sole discretion against any User who, in our judgment, violates this Acceptable Use Policy.
User Generated Content
You retain full ownership of all content, data, and information that you create, upload, or submit through the Application, including calendar events, tasks, and to do list items ("User Content"). By submitting User Content through the Application, you grant Clutr Labs LLC a limited, non-exclusive, worldwide, royalty-free license to store, reproduce, display, and transmit such User Content solely to the extent necessary to operate and provide the Application's features to you and the other members of your shared groups. We will not use your User Content for any purpose beyond operating the Application.
You represent and warrant that you have all rights necessary to grant the foregoing license, and that your User Content does not violate any third party's intellectual property rights, privacy rights, or applicable law.
Shared Groups
The Application enables Users to create and join shared groups of up to seven members. By creating or joining a shared group, you acknowledge and agree that User Content you add to that group will be visible to all other current members of that group. You are solely responsible for managing your group membership and for the content you contribute. We do not moderate or review User Content within shared groups.
Upon deletion of your account, content you previously contributed to shared groups may remain visible to remaining group members until it is removed by those members or until the group is dissolved. We recommend that you remove yourself from all shared groups prior to requesting account deletion if you wish to remove your contributions from those groups.
Application Features and Availability
The Application currently provides the following core features: shared calendars, shared tasks with deadlines, and shared to do lists. Certain additional features, including the Shared Bank Jar group savings functionality, are under development and will appear within the Application as "Coming Soon." Such features are not yet available and may be subject to additional terms and conditions upon release.
We reserve the right, in our sole discretion and without prior notice, to modify, suspend, or discontinue any feature, functionality, or aspect of the Application at any time. We shall not be liable to you or to any third party for any such modification, suspension, or discontinuation.
Subscriptions, Fees, and Payments
The Application offers a free tier that includes access to one shared group per user at no charge. Access to additional shared groups beyond the initial free group may require payment of a subscription fee, which will be disclosed to you at the time of purchase. All in-application purchases and subscriptions are processed exclusively through the Apple App Store or Google Play Store, as applicable, and are subject to the payment terms, refund policies, and billing practices of those platforms.
We do not directly collect, process, or store payment card information. Billing inquiries and refund requests relating to App Store purchases must be directed to Apple Inc., and those relating to Google Play purchases must be directed to Google LLC, in each case in accordance with their respective policies.
Intellectual Property
The Application, Site, and all associated content, features, technology, and functionality, including the Clutr name, logo, trademarks, service marks, trade dress, and proprietary software, are owned by Clutr Labs LLC and are protected by applicable intellectual property laws, including trademark, copyright, and patent laws. A provisional patent application has been filed in connection with certain aspects of the Application. Nothing in this Agreement grants you any ownership interest in or to any of the foregoing.
You may not use the Clutr name, logo, or other proprietary marks without our prior written consent. Any unauthorized use of our intellectual property is strictly prohibited and may give rise to legal liability.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APPLICATION AND SITE IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLUTR LABS LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE APPLICATION OR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) FIFTY UNITED STATES DOLLARS ($50.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless Clutr Labs LLC and its members, managers, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, judgments, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) your use of or access to the Application or Site; (ii) your violation of any provision of this Agreement; (iii) your violation of any third party right, including intellectual property rights, privacy rights, or contractual rights; or (iv) your User Content.
Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Application, or your relationship with us, you agree to first contact us at admin@clutrlabs.com and provide a written description of your complaint, and to make a good faith effort to resolve the dispute informally for a period of at least thirty (30) days before initiating any formal proceeding. This informal dispute resolution process does not limit any rights you may have under applicable consumer protection laws in your jurisdiction.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of laws principles. Subject to the dispute resolution provisions above, any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Wyoming, and you hereby consent to the personal jurisdiction and venue of such courts.
Notwithstanding the foregoing, nothing in this Agreement is intended to limit or waive any rights you may have under mandatory consumer protection or privacy laws applicable in your jurisdiction.
Force Majeure
We shall not be liable for any failure or delay in the performance of our obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, governmental action, labor disputes, power outages, internet or telecommunications failures, or failures of third party service providers.
Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall continue in full force and effect.
Entire Agreement
This Agreement, together with our Privacy Policy and any additional terms applicable to specific features of the Application, constitutes the entire agreement between you and Clutr Labs LLC with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether oral or written, relating to such subject matter.
Modifications to This Agreement
We reserve the right to amend this Agreement at any time. We will provide notice of material changes by posting the amended Agreement on this page with an updated effective date. Where required by applicable law, we will provide additional or advance notice of material changes. Your continued use of the Application or Site following the posting of any amendments constitutes your acceptance of such amendments. If you do not agree to the amended terms, you must discontinue use of the Application and Site.
Contact Information
For any questions, notices, or communications regarding this Agreement, please contact us at:
Clutr Labs LLC
30 N Gould St Ste N, Sheridan, WY 82801, United States
Email: admin@clutrlabs.com
Website: clutrlabs.com