Terms of Service

Last Updated: April 20th, 2025

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Cluster AI mobile application (the "App") operated by Cluster AI ("us", "we", or "our").

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the App.

1. Accounts

When you create an account with us, you must provide accurate, complete, and up-to-date information. You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Subscriptions

Some features of the App require a subscription plan. By purchasing a subscription, you agree to the following terms:

• Monthly subscription payments will be charged to your payment method on confirmation of your subscription and at the beginning of each subscription period.
• Subscriptions automatically renew until cancelled. You can cancel your subscription at any time through your account settings or by contacting us.
• Cancellations will take effect at the end of the current billing period.
• We reserve the right to change subscription fees upon reasonable notice. Any price changes will apply to billing periods after the notice.

3. Acceptable Use

You agree not to use the App for any purpose that is illegal or prohibited by these Terms. You may not:

• Use the App to generate harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable content
• Impersonate any person or entity or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the App or servers or networks connected to the App
• Attempt to bypass any usage limits or restrictions
• Reverse engineer, decompile, or attempt to extract the source code of the App
• Collect or store personal data about other users without their permission

4. Content and Intellectual Property

The App and its original content, features, and functionality are and will remain the exclusive property of Cluster AI. The App is protected by copyright, trademark, and other intellectual property laws.

By using the App, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content you input into the App to the extent necessary to provide the service to you.

5. User Content Ownership

You retain ownership of any content you submit to the App. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your content in any existing or future media.

6. AI Models and Third-Party Services

The App uses third-party AI models to generate responses. We do not control these AI models, and their responses are not necessarily the views of Cluster AI. We do not guarantee:

• The accuracy, quality, or appropriateness of AI-generated responses
• The availability or continuity of specific AI models
• That AI-generated responses will not contain errors or objectionable content

7. Limitation of Liability

To the maximum extent permitted by law, Cluster AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the App.

8. Indemnification

You agree to defend, indemnify, and hold harmless Cluster AI and its licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your use of the App or your violation of these Terms.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the App will immediately cease.

10. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of California, without regard to its conflict of law provisions.

12. Contact Us

If you have any questions about these Terms, please contact us at will@5dwaves.com.