Terms & Conditions and Privacy Policy
Terms & Conditions
1. Introduction
Welcome to Clustr ("App"), operated by Clustr App ("Company", "we", "our", or "us"). By accessing or using Clustr, you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use the App.
2. Use of the App
Eligibility: You must be at least 18 years old to use Clustr. By using the App, you represent and warrant that you are at least 18 years old.
Account Registration: To access certain features, you must create an account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Membership and Fees
Monthly Membership Fee: Users (referred to as "moms" in this document) will be charged a monthly membership fee to access the App. By subscribing to Clustr, you agree to pay the monthly membership fee specified at the time of your subscription. Membership fees are subject to change, and we will notify you in advance of any changes.
Billing and Payment: Membership fees are billed on a monthly basis in advance. You authorize us to charge your designated payment method for the applicable membership fee. If your payment method fails, we may suspend or terminate your access to the App until payment is received.
Refund Policy: Membership fees are non-refundable. If you cancel your subscription, you will continue to have access to Clustr until the end of your current billing period, but you will not receive a refund for any unused portion of that period.
4. Payment for Expert Services
Expert Services and Payments: When a mom wants to engage the services of an expert, the expert will provide a price for the services via the chat/messaging feature within the App. Once the price is confirmed, the mom can make full payment via the "pay" button within the App.
Processing of Payments: All payments made for expert services will be processed through Stripe. The full payment made by the mom will be transferred to the Company’s account.
Expert Compensation: At the end of each week, the Company will remit 80% of the total payments received from moms for expert services back to the expert. The remaining 20% of the payments will be retained by the Company as a service fee.
Responsibility for Disputes: The Company acts solely as a payment facilitator and is not responsible for the quality or outcome of the services provided by the expert. Any disputes regarding services must be resolved between the mom and the expert. The Company will not mediate disputes and retains the 20% fee even in the event of such disputes.
5. Communication and Contact Information
In-App Communication and Payments: All communication between moms and experts, including the negotiation of services and pricing, must take place through the messaging feature within the App. Payments for expert services must also be processed through the App's payment system.
Sharing of Contact Information: Sharing personal contact information, including but not limited to email addresses, phone numbers, or other methods of direct communication, is strictly prohibited unless necessary for the provision of expert services. If sharing such information is required as part of the service (e.g., for consultation scheduling or service delivery), it must be done with caution and only for the intended purpose. Outside of such necessity, all communications must remain within the App.
Prohibited Direct Payments: Direct payments or transactions between moms and experts outside of the App's payment system are not permitted. All payments for services must go through the App's designated payment system to ensure proper processing, record-keeping, and the application of the Company's service fee.
6. User Conduct
Prohibited Activities: You agree not to use the App for any unlawful purpose or in a way that infringes the rights of others. Prohibited activities include, but are not limited to, spamming, harassment, impersonation, and sharing inappropriate content.
Content Ownership: You retain ownership of the content you post on Clustr. By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your content in connection with the operation of the App.
7. Experts
Independent Experts: Experts are independent professionals who provide personalized support to individuals. We do not endorse or verify the qualifications of experts. You acknowledge that interactions with experts are at your own risk. We are not responsible for any advice or services provided by experts or for any disputes that may arise between you and any expert.
Service Fees: Experts set their own fees for services provided through the App. Payments for expert services are subject to the 20% service fee retained by the Company.
8. Termination
Termination by You: You may terminate your account at any time by contacting us at support@clustrapp.com. If you terminate your account, you will not receive a refund for any unused portion of your membership or payments for services already rendered.
Termination by Us: We may terminate or suspend your account or access to the App at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of the App or us. We are not liable for any termination of your account or access to the App.
9. Disclaimers and Limitation of Liability
Disclaimers: The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy, reliability, or availability of the App.
Limitation of Liability: To the maximum extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising out of or in connection with your use of the App, even if we have been advised of the possibility of such damages. Our total liability to you for any claims arising from your use of the App shall not exceed the amount you have paid us, if any, for using the App.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in California.
11. Changes to Terms
We may modify these Terms at any time. We will notify you of any changes by posting the new Terms on the App. Your continued use of the App after such changes constitutes your acceptance of the new Terms.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use or misuse of the App, your violation of these Terms, or your violation of any rights of another.
13. Contact Us
If you have any questions about these Terms, please contact us at support@clustrapp.com.
Privacy Policy
1. Introduction
At Clustr, we are committed to protecting your privacy. This Privacy Policy explains how we collect, use, and disclose information about users of our App in compliance with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).
2. Information We Collect
Personal Information: We collect personal information that you provide to us, such as your name, email address, and phone number, when you create an account or communicate with us.
Usage Information: We collect information about your use of the App, including your interactions with other users, the content you post, and the services you access.
3. How We Use Your Information
To Provide and Improve the App: We use your information to operate, maintain, and improve the App.
To Communicate with You: We use your contact information to send you updates, security alerts, and administrative messages.
To Personalize Your Experience: We use your information to customize your experience on the App.
To Comply with Legal Obligations: We use your information as necessary to comply with our legal obligations and to protect our rights and interests.
4. How We Share Your Information
With Service Providers: We may share your information with third-party service providers who help us operate and maintain the App. These service providers are bound by confidentiality obligations and are only permitted to use your information in accordance with our instructions.
With Other Users: Information you post on your profile or share in interactions with other users may be visible to other users of the App.
For Legal Reasons: We may disclose your information if required by law or in response to a legal process.
5. Data Security
We take reasonable measures to protect your information from unauthorized access, use, or disclosure. However, no security system is impenetrable, and we cannot guarantee the security of your information. You agree to assume all risk associated with the transmission of your information to and from the App.
6. Data Retention
We retain your information for as long as your account is active or as needed to provide you with the App's services. We may also retain and use your information to comply with our legal obligations, resolve disputes, and enforce our agreements. We are not liable for the deletion of your information or any consequences thereof.
7. Your Rights
Access and Update: You have the right to access and update your personal information by logging into your account.
Delete: You can request the deletion of your account and personal information by contacting us at support@clustrapp.com. We will comply with your request as required by law.
Do Not Sell My Personal Information: You have the right to opt out of the sale of your personal information. To exercise this right, please visit our [Do Not Sell My Personal Information] page or contact us at support@clustrapp.com.
Data Portability: You have the right to request a copy of the personal information we have collected about you in a portable and readily usable format.
8. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on the App. Your continued use of the App after such changes constitutes your acceptance of the new Privacy Policy.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use or misuse of the App, your violation of this Privacy Policy, or your violation of any rights of another.
10. Contact Us
If you have any questions about this Privacy Policy or to exercise your rights under the CCPA and CPRA, please contact us at support@clustrapp.com.