1. Introduction
These Terms of Use (“Terms”) issued on behalf of Enkay Digital Ltd trading as Cluso (with registered office at The Retreat, 406 Roding Lane South, Woodford Green, Essex, IG8 8EY (together “Cluso.ai”, “us”, “we” or “our”).
Please read these Terms carefully before using our website at https://cluso.ai/ (the “Website”). By accessing and using the Website, you expressly agree to comply with these Terms. If you do not agree with any part of the Terms, please do not use the Website.
These Terms govern your use of our Website and your access to and use of our audio insights platform (the “Platform”). Except where specifically noted below, all references to the Platform include the Website as well. Cluso’s Privacy Notice is incorporated by reference into these Terms and details how we collect, use, and protect information about individuals.
The platform is aimed at those aged 18 and over (or the age of majority in the jurisdiction from which you are accessing the Platform). If you are a parent or guardian agreeing to these Terms for your child, you are legally responsible for his or her use of the Platform. We are not responsible for the content or practices of third party websites. We are not responsible for the collection of children’s data on the Platform. If a Client uses the Platform to collect children’s data the Client warrants that it will comply with applicable data protection legislation to the extent applicable to children’s data.
By accessing or using the Platform, you represent and warrant that you have the legal right to do so and have the authority to enter into a binding contract with us – either for yourself or on behalf of the entity on whose behalf you are using the Platform. We require you to accept these Terms prior to signing up to access our Platform.
We may change our Terms at any time and any changes to the Terms will be effective immediately for new users and thirty (30) days after notice of such changes are posted on the Website for existing users.
2. Your use of the Platform
Account. You may be required to create an account to access the Platform’s features. You are responsible for keeping your account credentials secure, for all acts that occur under your account. You may use the Platform to create applications for your customers.
Security. You are required to create unique login credentials to access the Platform and maintain such credentials in a confidential way. You cannot share your login credentials with anyone. You must immediately inform Cluso of any suspected unauthorised use of the Platform or unauthorised disclosure of your login credentials. We are not liable for any loss or damage arising from your failure to safeguard your account credentials or unauthorised use of such credentials.
Voice surveys. Voice surveys may include recordings of your voice, text descriptions, media or any other content that you may provide to us through the Platform. Where the voice recording is complemented by the use of AI tool to generate a transcript, we may correct inaccuracies in the transcript if the AI tool has not correctly identified words you use. We will not change the context of what you say other than to correct the transcript for accuracy.
3. Our Obligations
We use industry-standard technical, logical, and physical security measures and practices for the Platform and any systems on which your content is stored or processed to preserve the security and integrity of, and prevent unauthorised access to, the Platform.
We are not responsible for the content or practices of third party websites. We are not responsible for the collection of children’s data on the Platform. If a Client uses the Platform to collect children’s data the Client warrants that it will comply with applicable data protection legislation to the extent applicable to children’s data.
Participant Content
General. You are responsible for all text, voice data or other materials (“Content”) provided or uploaded by you to the Platform. You shall indemnify us for any claims, damages, liabilities and costs arising from the Content you upload. For each piece of Content that you submit, you represent and warrant that: (i) you have the right to submit the Content to the Platform and; (ii) the Content does not infringe any third party’s rights, including any copyrights, trademarks or other intellectual property rights; and (iii) the Content complies with these Terms and all applicable laws.
Review and Removal of Content. Cluso is not required to review Content, but may do so if your Content is deemed to breach these Terms. We may remove such Content, suspend your account if created and suspend access to the Platform, or take any other steps that we deem appropriate. If you believe that any content on the Platform infringes a third party copyright, trademark, or other intellectual property right, you may report the infringement by contacting us at product@mycluso.com.
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
Compliance. We reserve the right to access, monitor, investigate, preserve and disclose account information and / or Content if we are required to do so by applicable law or if we believe in good faith that such access, monitoring, investigation, preservation or disclosure is reasonably necessary to (i) comply with legal obligation, (ii) enforce these Terms, (iii) respond to claims that any Content infringes the rights of third parties.
5. Ownership
Cluso retains all right, title and interest in and to the Platform and its updates. You retain all right, title, and interest in and to your Content.
The Platform is controlled and operated by Cluso. All material on the Platform, including, but not limited to text, images, illustrations, audio clips, and video clips, voice data, is protected by copyright, trademarks, and other intellectual property rights which are owned and controlled by us or by other parties that have licensed their material to us. Material on the Platform is solely provided to you for personal, non-commercial use. Such material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or computer environment, or use of the materials for any purpose other than personal, non-commercial use is an infringement of the copyrights, trademarks, and other proprietary rights, and is strictly prohibited.
Feedback. Any feedback, comments, or suggestions you may provide regarding us on the Platform or other services we offer (“Feedback”) is entirely voluntary and you hereby grant Cluso a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation to you.
6. Third Party Content
Our Services rely on or interoperate with third-party products and services, including data storage services.
Third Party Content. Cluso may make available content from third parties, including data provided by Third Party Services (“Third Party Content”), via the Platform. We are not responsible for the accuracy or completeness of Third Party Content. If we are required to remove Third Party Content, or are notified that certain Third Party Content may breach applicable law or third party rights, we may remove such Third Party Content without notice.
Open Source Software. Certain items of code provided with or accessed via the Platform are subject to “open source” or “free software” licenses (“OSS”). Each item of OSS is licensed under the terms of the license that accompanies such OSS.
7. Data Protection
You shall not include any personal information in the Content that you upload. Except where you agree to participate without anonymity and provide your name and email address, all participants are anonymous to Cluso. We will not knowingly process your personal information and do not know who you are for purposes of identification. You represent and warrant that any information that you provide to us in your survey responses is accurate. For information about how we collect, use, share, and otherwise process information about you, please review our privacy notice.
You may request a copy of your voice recording and/ or transcripts, or exercise your right to deletion. Please visit our privacy notice for more information on the rights you have as an individual and how you can go about making a request.
8. Terms and Termination
Term. These Terms will remain in effect for so long as you access or use the Platform (the “Term”). We may, without notice, suspend or terminate your Account if you breach any of these Terms. We will not be liable to you or any third party for any such termination.
9. Disclaimer and Limitation of Liability
The materials on the Platform are provided “as is” and without warranties in relation to the provision of the Platform. Neither we, nor any person involved in the creation, production, and distribution of the Platform warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the server that makes them available are free of viruses or other harmful components.
You expressly agree that, except for death and personal injury arising as a consequence of our negligence, neither we , nor any of our respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of the Platform are responsible or liable to any person or entity whatsoever for any loss or damage whatsoever resulting from the use of any of the Platform. By way of example, and without limiting the generality of the foregoing, we shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, reliance upon or use of data, information, opinions or other materials appearing on the Platform. You expressly acknowledge and agree that we are not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
Our total liability for any claim arising out of or relating to these Terms or use of the Platform, regardless of the form of the action, is limited to £100.
10. Governing Law
Governing Law. These Terms shall be governed and interpreted in accordance with the laws of England and Wales, without giving effect to the conflicts of laws provisions. The parties hereby submit to the exclusive jurisdiction of the English courts.
11. Miscellaneous
Assignment. You may not assign these Terms or any rights or obligations without our prior written consent. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions will remain in full force and effect.
Waiver. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.
Entire Agreement. These Terms are the entire agreement between the parties with respect to the subject matter herein and supersedes any previous or contemporaneous communications, whether oral or written.
Real voices. Real impact.
