Terms of Service

1. DEFINITIONS

2. RELATIONSHIP BETWEEN CLUSIV & BLOOIO

Clusiv uses Blooio as a third-party infrastructure provider for P2P messaging, routing, telecom delivery, and communication rail support.

You acknowledge the following:

• Clusiv does not operate a telecom network.
• Clusiv does not guarantee message delivery, uptime, speed, or telecom performance.
• Any delays, errors, carrier blocks, or telecom issues fall under Blooio or the carriers, not Clusiv.
• All legal responsibility for telecom compliance (TCPA, carrier rules, lead consent) is your responsibility.
• Clusiv functions as a software interface that uses Blooio's communication infrastructure; you agree that Clusiv is not liable for any failures, penalties, or damages resulting from Blooio or any telecom carrier.

3. ACCEPTANCE OF TERMS

By using Clusiv, you confirm that:

• You are 18 or older.
• You have the legal authority to bind your business.
• You accept all terms, including updates and modifications.

Clusiv may update these Terms at any time. Continued use of the platform indicates acceptance.

4. GRANT OF LICENSE

Clusiv grants you a limited, non-exclusive, non-transferable, revocable license to use the platform solely for business purposes.

You do not receive ownership of:

• Any Clusiv code
• AI models
• Interfaces
• Automations
• Designs
• Integrations
• Backend workflows
• Data structures
• Intellectual property

You are leasing access, not purchasing ownership.

5. INTELLECTUAL PROPERTY (IP) PROTECTION

We own the software. You do not. Period.

This includes:

• All source code
• System logic
• AI workflows
• Automation designs
• UI/UX
• Prompts, templates, structures
• Branding, trademarks, and service marks

You agree that:

• You may not reverse engineer, clone, duplicate, copy, or recreate Clusiv.
• You may not build a competing product using our workflows or architecture.
• You may not sublicense our tools without written approval.

Violation of this results in immediate termination and potential legal action.

6. CUSTOMER DATA & PRIVACY

You retain ownership of your customer data.

However, by using Clusiv, you grant us a worldwide, royalty-free license to:

• Store your data
• Process your data
• Use your data to operate and improve the platform
• Train internal systems (non-personally identifiable use only)
• Provide support and analytics

We take reasonable steps to secure your data, but you agree Clusiv is not liable for:

• Data breaches
• Hacks
• API failures
• Password leaks
• Third-party vulnerabilities
• Blooio telecom data issues
• Carrier-side data exposure

You acknowledge all software platforms carry inherent risk.

7. COMPLIANCE & LAWFUL USE

You agree NOT to use Clusiv to:

• Send unsolicited messages without consent
• Violate TCPA (Telephone Consumer Protection Act)
• Violate GDPR, CCPA, or privacy laws
• Conduct fraud or misrepresentation
• Abuse telecom systems
• Spam, harass, or harm others
• Conduct illegal automated outreach
• Use Clusiv for anything unlawful or unethical

You are solely responsible for consent collection, opt-ins, lead sourcing, and compliance.

8. P2P MESSAGING & TELECOM RULES

You acknowledge:

• All messaging is routed by Blooio and carriers.
• Message delivery is not guaranteed.
• Carriers may block, filter, or throttle content at any time.
• You are responsible for your message content and legal compliance.
• Costs may increase due to carrier changes.

Clusiv is not liable for regulatory fines, telecom costs, or penalties related to your messaging behavior.

9. BILLING, FEES, & PAYMENTS

By using Clusiv, you agree:

• All fees are nonrefundable.
• We may adjust pricing at any time.
• Overage charges may apply for messages, API usage, or storage.
• Nonpayment results in suspension or termination.
• Taxes are your responsibility.
• If paying via Stripe or Blooio pass-through billing, you accept their processing fees.

10. KILL SWITCH / ACCOUNT TERMINATION

Clusiv may suspend or terminate your access at any time if:

• You violate these Terms
• You use the platform unlawfully
• You misuse messaging
• You damage our infrastructure
• You duplicate or copy the software
• You are abusive toward staff
• You fail to pay fees

No refunds will be issued. We reserve the right to delete your data after termination.

11. NO WARRANTY (AS-IS CLAUSE)

CLUSIV IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND.

We disclaim all warranties, including:

• Fitness for a particular purpose
• Merchantability
• Non-infringement
• Accuracy
• Reliability
• Uptime
• Message delivery
• Integration function
• Bug-free operation

You use Clusiv at your own risk.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

WE ARE NOT LIABLE FOR ANY:

• Lost profits
• Lost data
• Lost customers
• Business interruption
• Lead loss
• Telecom failures
• Carrier blocks
• Lost revenue
• Indirect or consequential damages

OUR TOTAL LIABILITY IS CAPPED AT WHAT YOU PAID US.

If you paid us $200 that month, our maximum liability to you is $200. Not a penny more.

13. INDEMNIFICATION

You agree to fully indemnify, defend, and hold harmless Clusiv and its partners from any claims, damages, fines, or legal actions resulting from:

• Your use of the service
• Your messages
• Your automations
• Your customer data
• Your noncompliance with telecom or privacy laws
• Your misuse of the Blooio infrastructure
• Your integration setups
• Your content or campaigns

This survives termination of your account.

14. SERVICE CHANGES & INTERRUPTIONS

Clusiv may modify, suspend, or discontinue any feature at any time.

We are not liable for:

• Downtime
• Bugs
• Outages
• Telecom outages
• API failures
• Maintenance windows

You acknowledge software evolves and may experience instability.

15. DISPUTE RESOLUTION (MANDATORY ARBITRATION IN OKLAHOMA)

You agree that:

• All disputes must go to binding arbitration.
• Arbitration must occur in Oklahoma County, Oklahoma.
• You waive your right to file a lawsuit.
• You waive your right to a jury trial.
• You waive your right to participate in a class action.
• Only individual disputes are allowed.

This clause is intentionally strict to prevent abusive litigation.

16. GOVERNING LAW

These Terms are governed exclusively by the laws of the State of Oklahoma, without regard to conflicts of law provisions.

17. EXPORT & INTERNATIONAL USE

You agree to comply with all U.S. export laws. You are responsible for verifying the legality of using Clusiv in your country or region.

18. BETA FEATURES & EXPERIMENTAL TOOLS

If you use early-access features:

• They may break.
• They may delete data.
• They may malfunction.

You accept all risks voluntarily.

19. THIRD-PARTY INTEGRATIONS

Clusiv integrates with various systems (Stripe, Blooio, Google Calendar, Meta, etc.).

You acknowledge:

• Their performance is outside our control.
• Their failures are not our responsibility.
• You use them at your own risk.

20. MISCELLANEOUS

21. CONTACT

For legal notices only (not support):

legal@clusiv.ai

Oklahoma, USA