TERMS OF USE
Effective Date: The date of your account registration with https://cluzen.com (“Cluzen.com”).
These Terms of Use (this “Agreement”) govern the relationship between ADKER LTD, Registration Number 16667510, Address: 234 Scott Ellis Gardens, London, NW8 9RT, United Kingdom (“Cluzen.com,” the “Company,” “we,” “our,” or “us”) and you, the account holder, user, or licensee (“You” or “User”).
This Agreement also applies to your use of our website (the “Website”) and Software-as-a-Service tools (the “Service”).
By accessing the Website, registering an account, or clicking “Accept” to agree to these Terms, you acknowledge that you have read, understood, and agreed to be bound by this Agreement and our Privacy Policy (incorporated herein by reference). If you are using the Service on behalf of an entity, you represent that you have legal authority to bind that entity.
If you do not agree to these Terms, you must not access or use the Website or the Service.
1. Eligibility
This Website is available only to users who are at least 16 years of age.
We do not knowingly collect personal data from individuals under the age of 16.
By creating an account, you confirm that you are at least 16 years old.
If we become aware that personal data belonging to an individual under 16 has been collected without appropriate verification, such data will be deleted immediately.
2. Grant of Rights
2.1 Software License
Subject to these Terms, Cluzen.com grants you a limited, worldwide, non-exclusive, fee-based, non-transferable license to access and use the Service in the form delivered by Cluzen.com.
2.2 License Limitations
Obtaining or using the Service does not grant ownership rights. You receive only a temporary license, valid so long as (i) you comply with this Agreement and (ii) the Agreement remains in effect.
2.3 No Additional Rights
Except for the limited license granted herein, no rights or licenses—whether by implication or otherwise—are granted. Cluzen.com retains all rights, title, and interest in the Service, Documentation, Marks, and related Intellectual Property.
3. Payments
3.1 Fees, Subscriptions & Taxes
Fees for the Service are payable in the currency displayed at checkout.
Subscription fees recur automatically unless cancelled before renewal.
Digital services become non-refundable once access is granted.
Fees do not include applicable taxes.
You agree to pay or reimburse Cluzen.com for all taxes, except taxes based on our net income. If legally required to collect taxes, we will add them to your invoice unless you provide a valid exemption certificate.
3.2 Payment Processing
Payments are processed securely through a third-party payment provider.
Cluzen.com does not store full payment card details.
By completing a transaction, you authorize the payment processor to charge your selected payment method for all applicable fees.
4. User Responsibilities
You agree to maintain accurate records and information necessary to verify payments and use of the Service.
5. Limited Warranty
5.1 Standard Warranty
Cluzen.com provides the Service for the purpose of enabling you to use Data Management and Cloud Solutions. Cluzen.com is not responsible for defects caused by third-party hardware or software.
5.2 Warranty Disclaimer
Except as expressly agreed in writing, and to the maximum extent permitted by law, the Service is provided “as is”, without any implied warranties including merchantability, fitness for a particular purpose, title, accuracy, or non-infringement.
5.3 Warranty Limitations
You agree to indemnify Cluzen.com against claims arising from representations or warranties made by you beyond those in this Agreement.
5.4 Statutory Rights
Nothing in this Agreement affects any statutory rights you may have under the laws of your country of residence.
6. Term and Termination
6.1 Term
This Agreement remains in effect as long as you use the Service. You may request account closure at any time.
6.2 Insolvency
This Agreement terminates automatically if either party becomes insolvent or enters bankruptcy proceedings not dismissed within 90 days.
6.3 Survival
Sections 1.3, 3.1, 4.2, 5.3, 5.4, 7, 8, 9, and all payment obligations survive termination.
6.4 No Liability for Termination
Neither party is liable for loss of profits, goodwill, or costs resulting from termination.
6.5 Discretionary Termination
Cluzen.com may refuse service, terminate accounts, or block access without notice.
6.6 Additional Termination Rights
We may suspend or terminate your account where reasonably necessary, including due to breach, fraud, or unlawful activity.
7. Indemnification
7.1 By User
You will defend and indemnify Cluzen.com against third-party claims arising from your actions or misuse of the Service.
7.2 By Cluzen.com
Cluzen.com will indemnify you against claims alleging that the Service infringes third-party intellectual property rights, provided you promptly notify us and cooperate in the defense.
8. Limitation of Liability
8.1 No Consequential Damages
Neither party is liable for indirect, consequential, punitive, or incidental damages.
8.2 Cap on Liability
Cluzen.com’s maximum liability is limited to the total fees paid by you.
8.3 Non-Excludable Liability
Nothing in this Agreement limits liability for:
death or personal injury caused by negligence
fraud or fraudulent misrepresentation
any liability that cannot be excluded under applicable law
9. General Provisions
9.1 Compliance with Laws
Each Party shall comply with all applicable laws relevant to its activities, including UK and EU data protection and digital-services legislation.
9.2 Applicable Law and Jurisdiction
This Agreement is governed exclusively by the laws of England and Wales.
Any dispute shall be resolved exclusively in the courts of England and Wales.
9.3 Entire Agreement
This Agreement constitutes the entire understanding between the Parties.
9.4 Notices
Notices may be sent by hand, registered mail, courier, or fax with confirmation.
9.5 Force Majeure
Neither Party is liable for failure to perform due to events beyond reasonable control.
9.6 Assignment
You may not assign this Agreement without written consent, except to a successor entity.
9.7 Legal Expenses
The prevailing Party in legal proceedings is entitled to reimbursement of legal fees.
9.8 Authorizations
You must obtain any required licenses or permits to use the Service.
9.9 Independent Contractors
The relationship of the Parties is that of independent contractors.
9.10 Enforceability
You represent that no government authorization is required for your use of the Service.
9.11 Severability
Invalid provisions will be replaced with enforceable alternatives reflecting original intent.
9.12 Changes to Terms
Material changes to these Terms will be communicated with reasonable advance notice.
All changes become effective upon posting.
9.13 Refund Policy
Refunds are governed by our Refund Policy, which forms part of these Terms.
9.14 Complaints and Dispute Resolution
Users may submit complaints to support@cluzen.com.
We will acknowledge complaints within 3 business days and aim to provide a final response within 15 business days.
Nothing in this Agreement affects your statutory consumer rights.
