Terms of Service

These Terms of Service (“Terms”) are a contract between you and Clusterbase Inc. (“Clusterbase”, “we”, “us”). They govern your use of everything we operate, together the “Services”: the Cluster app on every platform, Cluster Build, the Clusterbase console, CLI, and APIs, and our websites.

By creating an account or using the Services you accept these Terms and our Privacy Policy. If you are using the Services for an organization, you accept them on its behalf and confirm you have the authority to do so; “you” then means the organization. If you have a separate signed agreement with us, it wins wherever the two conflict.

You must be at least 13 years old, or older if the law where you live requires it.

Keep your account information accurate and your credentials secret. You are responsible for what happens under your account, and you must tell us at terms@clusterbase.ai as soon as you suspect it has been compromised.

Organizations are managed by their administrators. An administrator can add and remove members, change roles, view and delete resources and usage attributed to any member, and delete the organization and everything in it. If your access to an organization comes from someone else, they control it.

API keys and access tokens are credentials. Treat them as such, rotate them if they leak, and do not share one key between people or across organizations.

“Content” means everything you put into the Services (prompts, files, code, data, configuration) and everything the Services generate for you (“Output”).

You own it. You keep every right you have in what you put in, and as between you and us we assign to you whatever rights we have in the Output. Output from AI models can be similar or identical to what other people receive, and we make no promise that any Output is unique or that you can claim exclusive rights in it.

The licence you give us is only what we need to run the Services: to store, process, transmit, and display your Content to you and the people you share it with, to keep the Services secure, and to comply with law. We may use content from Cluster consumer accounts to improve our models unless you turn that off in settings; we never do so for organization or platform accounts, Cluster Build sessions, or data from connected services. The Privacy Policy has the detail.

You are responsible for it. You confirm you have the rights you need to submit your Content, and that it does not break these Terms. If we receive a valid notice that Content infringes someone’s rights, we may remove it. Send copyright notices to terms@clusterbase.ai.

Feedback you send us about the Services is ours to use without obligation to you.

Do not use the Services to:

• break the law, or infringe or misappropriate anyone’s rights;
• generate or spread content that is child sexual abuse material, incites violence, harasses, defrauds, or is designed to deceive people about its origin;
• develop weapons, malware, or attacks on any system, or gain access to a system you are not authorized to use;
• mine cryptocurrency, run a proxy or VPN service for others, send spam, or otherwise abuse compute, network, or model capacity;
• probe, scan, or interfere with the Services or another tenant’s workloads, or evade rate limits, quotas, or safety systems;
• scrape the Services or extract model outputs at scale to train a competing model;
• represent Output as human-written where that would mislead, or as coming from Clusterbase;
• make automated decisions with legal or similarly significant effects on people — credit, employment, housing, insurance, healthcare — without meaningful human review;
• resell or sublicense the Services, or offer them as your own without an agreement with us.

We may investigate suspected violations, remove content, throttle or suspend accounts, and report to authorities where we are required or where safety demands it.

If you use the Clusterbase platform to build and run your own software, these additional terms apply.

Your users are yours. You are responsible for your application, for the data it handles, and for the people who use it — including having a privacy notice, any consent the law requires, and terms of your own. We process that data as your processor under the Privacy Policy.

Isolation is the contract. Your workloads run in isolated virtual machines. Do not attempt to escape them, reach another tenant, or use platform resources for anything other than your own application.

Quotas and limits exist to protect everyone. We publish them in the documentation and may change them with notice. Ask us if you need more.

Custom domains. You must own or be authorized to use any domain you attach. We may remove a domain that is used to deceive or that we are legally required to remove.

Managed agents act on the credentials and instructions you give them. You are responsible for what they do with the access you grant, and for reviewing their output before relying on it.

Subscriptions renew automatically at the end of each billing period until you cancel. Cancel in settings at any time; you keep the paid features until the period ends, and we do not refund the remainder except where the law requires.

Usage-based charges — compute time, storage, model tokens, and the like — are metered as you use them and billed in arrears at the rates published on the pricing page or agreed in your order. Usage you incur is yours to pay even if it was caused by a bug in your code, a runaway agent, or a leaked key, so set budgets and rotate credentials.

Price changes take effect at your next billing period, with at least 30 days’ notice for subscriptions. Taxes are added where applicable. Late payment may lead to suspension after we have notified you, and to deletion of resources after a further 30 days.

Free tiers, credits, and trials are offered at our discretion, can be changed or withdrawn, and expire as stated when they are granted.

The Services generate output with machine learning models. Output can be wrong, incomplete, out of date, biased, or offensive despite our safeguards. It is not professional advice. Check it before relying on it, and do not rely on it alone for decisions about health, money, law, safety, or another person.

Cluster Build and managed agents can modify files, run commands, and make network requests. You decide what they are allowed to touch, and you are responsible for reviewing what they change.

The Services — software, models, designs, documentation, and trademarks — belong to Clusterbase and its licensors. We give you a limited, revocable, non-exclusive, non-transferable licence to use them under these Terms. Do not reverse engineer the Services except where the law lets you regardless of this clause, and do not remove notices or use our marks without permission. Components we release under open-source licences are governed by those licences.

Beta features are labelled as such, may change or disappear, and are provided with no commitments beyond those in Disclaimers.

By you. Delete your account or organization in settings at any time.

By us. We may suspend or terminate access if you break these Terms, if your account is being used to harm the Services or other people, if a payment is overdue, or if the law requires it. Where practical we will warn you first and give you a chance to fix the problem. We may also discontinue a feature or product with at least 30 days’ notice where the change is material.

After termination your right to use the Services ends and we delete your data on the schedule in the Privacy Policy. Where possible we give you 30 days to export it. Your content, Our intellectual property, Disclaimers, Limitation of liability, Indemnity, and Governing law and disputes survive.

THE SERVICES AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT OUTPUT WILL BE ACCURATE OR FIT FOR ANY PURPOSE.

Some places do not allow these exclusions, so some may not apply to you. Where we have agreed a service level with you in writing, that agreement sets the remedy for downtime.

TO THE FULLEST EXTENT THE LAW ALLOWS, CLUSTERBASE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND ONE HUNDRED US DOLLARS.

These limits do not apply to liability that cannot be limited by law, including for death or personal injury caused by negligence, fraud, or wilful misconduct.

If you use the Services for an organization, you will defend and indemnify Clusterbase against third-party claims, and the resulting damages and reasonable costs, arising from your Content, your application and its users, or your breach of these Terms. We will notify you promptly of any such claim and let you control the defence, and we will not settle it without your consent, not to be unreasonably withheld.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Any dispute that we cannot resolve informally will be brought exclusively in the state or federal courts located in Delaware, and you and we consent to their jurisdiction. If you are a consumer in a jurisdiction whose law gives you the right to sue at home, nothing here takes that right away.

Before filing, write to terms@clusterbase.ai with a description of the dispute and give us 30 days to try to resolve it with you.

Changes to these Terms

We may update these Terms. We will post the new version with a new effective date, and for material changes we will notify you by email or in the product at least 30 days before they take effect. Continuing to use the Services after that date means you accept them. If you do not, stop using the Services and delete your account.

Everything else

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Services and replace any earlier terms.
• Severability. If a clause is unenforceable, the rest still applies.
• Waiver. Not enforcing a clause once does not waive it.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them to an affiliate or successor.
• Export. You must comply with export control and sanctions law, and you may not use the Services if you are on a sanctions list or in an embargoed country.
• No third-party beneficiaries, no agency or partnership, and no employment relationship is created by these Terms.
• Notices to you go to your account email. Notices to us go to terms@clusterbase.ai.