Terms of Service
The terms for using Clulo and operating your platform
1. Terms of Use
By accessing the website at clulo.com, and/or our mobile field service app and/or our mobile customer app, and/or registering as a new user via our apps or website provided by Fieldd Inc. DBA Clulo ("Clulo"), you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and/or our mobile apps. The materials contained in this website and our mobile apps are protected by applicable copyright and trademark law.
1a. Licensed Application End User License Agreement
Apps made available through Clulo, whether on the Apple App Store or Google Play, are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement ("Standard EULA") or a custom end-user license agreement between you and Clulo ("Custom EULA"), if one is provided. Your license to any Clulo App under this Standard EULA or Custom EULA is granted by Clulo, and your license to any Third-Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third-Party App. Any App subject to this Standard EULA is referred to herein as the "Licensed Application." Clulo or the Application Provider, as applicable ("Licensor"), reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any device that you own or control, whether it is an Apple-branded product or an Android device, as permitted by the Usage Rules of the Apple App Store or Google Play. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application, as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules of the Apple App Store or Google Play, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application, and if you sell your device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with the Licensed Application).
Consent to Use of Data: You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Termination: This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
External Services: The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
Export Compliance: You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Government End Users: The Licensed Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
Governing Law: Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Clulo shall be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You and Clulo agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas, USA, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province, or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is the United Nations Convention on the International Sale of Goods.
1b. Master Service Agreement and Service Level Agreement
Resellers, partners, and certain enterprise customers are required to execute a Master Service Agreement ("MSA") and a Service Level Agreement ("SLA") with Clulo prior to or upon activation of their account. These documents govern the commercial relationship, reseller obligations, service standards, and support commitments between Clulo and those parties.
Where an MSA and/or SLA has been executed:
The MSA and SLA are incorporated into and form part of the overall agreement between you and Clulo, together with these Terms of Service.
In the event of any conflict between these Terms of Service and the MSA or SLA, the MSA or SLA will take precedence to the extent of the inconsistency, unless otherwise stated in the MSA or SLA.
These Terms of Service apply to all matters not specifically addressed in the MSA or SLA.
Resellers are responsible for ensuring that their own end customers comply with these Terms of Service. Resellers may not grant end customers rights that exceed those granted to the reseller under the MSA.
If you have not executed an MSA or SLA with Clulo, these Terms of Service govern your use of the platform in full. To inquire about reseller or enterprise agreements, please contact us at hello@clulo.com.
2. Use License
a. Permission is granted to temporarily view one copy of the materials, or download the apps (information and/or software as a service) on Clulo's website for personal, non-commercial transitory viewing only for the duration of your free trial or active subscription. This permission is solely a grant of a license to access our services, and in no way is this license, or any payments made to Clulo, considered as a transfer of title, sale, or ownership of Clulo's software. Under this license you may not:
Attempt to modify and/or copy the materials;
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial) without written permission;
Attempt to decompile and/or reverse engineer and/or inspect any software contained on Clulo's website and/or in Clulo's mobile apps;
Remove any copyright or other proprietary notations from the materials;
Relay and/or transfer the materials to a conflicting third party;
Transfer or attempt to transfer the materials to another person or "mirror" the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions.
c. Clulo also reserves the right to terminate your free trial and license at any time without reason should we suspect your use of our software is not for typical reasons of our intended audience.
d. Upon terminating your access and viewing of these materials, and/or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
a. The materials on Clulo's website and mobile apps are provided on an "as is" basis. Clulo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Clulo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site or our mobile apps.
4. Limitations
In no event shall Clulo or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Clulo's website or apps, even if Clulo or a Clulo authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of Materials
The materials appearing on Clulo's website or mobile apps could include technical, typographical, or photographic errors. Clulo does not warrant that any of the materials on its website or mobile apps are accurate, complete, or current. Clulo may make changes to the materials contained on its website, which includes but is not limited to features and bonuses included in plans, and/or mobile apps at any time without notice. However, Clulo does not make any commitment to update the materials or notify you of updates.
6. Links
Clulo has not reviewed all of the sites linked to its website or mobile apps and is not responsible for the contents of any such linked site. The inclusion of any link does not imply any endorsement by Clulo of the site. Use of any such linked website is at the user's own risk.
7. Restricted Business Types
New account registrations in the following industries will be deleted:
Pornography;
Telecommunications, information, technology, computer network and/or technical support services which are located outside of the country they registered in;
Gambling or gaming services of any kind;
Cyber lockers and cloud storage;
Foreign currency trading;
Money service agencies and remittance providers;
Bitcoin and virtual currencies;
Tobacco, tobacco related products, electronic cigarettes, and vapor ingestion devices;
Airlines;
Illicit drugs;
Pharmaceuticals;
Multi-level marketing or pyramid schemes;
Counterfeit products;
Fortune tellers, hypnosis, or similar;
Debt refinancing or collection and related services;
Loan providers;
Selling social media follows, likes, or similar;
Surgical or invasive cosmetic procedures;
Drug paraphernalia;
Get rich quick schemes;
Weapons;
VPN service providers;
Illegal products or services;
Products or services that infringe on the legal rights of another party;
Any business at our discretion that appears to be deceptive, unidentifiable by email and/or website, unfair, and/or is prohibited by one or more card schemes.
8. Platform and Subscription Fees
a. You agree that once your trial has ended, a monthly or annual subscription payment for access to Clulo will be billed in advance via the designated credit card provided in the Clulo CRM. A refund after this point is not applicable, and any extra job usage above monthly allowances will be billed at the end of the month.
b. You agree that monthly plan job allowances will be deducted once a job has been booked and the scheduled time has passed.
c. Should a monthly or annual subscription payment for any of our plans and/or apps and/or any fees remain outstanding for 48 hours, we will restrict your access to Clulo.
d. Automatic billing of your platform fees will continue indefinitely in accordance with our terms unless canceled by contacting Clulo Support and receiving a cancellation confirmation. You will be notified of each transaction via email and in your account.
e. Once canceled, the subscription will continue until the end of the month or year on a normal billing cycle, where you will have normal usage until the end of the month or year. You will not be eligible for a pro-rata refund for the then-current subscription period before cancellation, of which Clulo will bill you for any outstanding usage charges, and continue to do so until payment is received. Any and all apps will also be deleted upon cancellation. Clulo reserves the right to terminate your access and license earlier upon the cancellation request without reason should we suspect your use of our software is not for typical reasons of our intended audience.
f. The amount of any Clulo fees or the method of calculating any Clulo fees may be amended by us from time to time and published at clulo.com/pricing. Out of courtesy, we will attempt to notify you in writing by email or electronic communication with at least 28 days notice should fees or plans differ. At our discretion, without reason, Clulo reserves the right to restrict platform access should we suspect avoidance of fees.
g. If a plan is canceled due to non-payment of platform fees (including plan and app fees), and the company wants to reactivate their plan, any and all outstanding platform fees must be paid before Clulo can re-activate the company on Clulo. If re-activation is requested for an app, you must have an active subscription for an app and pay a fee of $149.00 USD per app. If it has been more than 30 days, Clulo cannot guarantee the full restoration of the account.
h. There is a non-refundable $99 fee for each Clulo fee chargeback and/or billing dispute, regardless of the outcome of the dispute with you and/or your card provider. Sometimes chargebacks are accidental, but if we determine, in our sole discretion, that you have excessive Clulo fee chargebacks, we will limit your account and contest these chargebacks. For more information please refer to Section 10: Chargeback and Payment Dispute Policy.
i. Clulo requires 30 days written notice to cancel your subscription.
j. Outstanding jobs within your Clulo account are your responsibility to manage. Clulo takes no responsibility for job management.
k. Any refunds will be minus 3% credit card fees.
l. Any jobs exceeding the allocated limit for your plan will incur a fee of $1.00 per job ($1.49 in Australia and other regions with higher SMS costs).
m. In the US and Australia, a 0.5% convenience fee applies when using third-party payment gateways like Square and Stripe. No convenience fee is charged when using fielddPAY.
n. Any outstanding fees owed to Clulo will be sent to debt collection plus a $500.00 admin fee, and all debt collection costs will be passed on to the company/individual owing fees.
9a. Payment Processing Agreement - fielddPAY (USA)
This Payment Processing Agreement is entered into between Fieldd Inc. DBA Clulo ("Platform") and you, the business entity using fielddPAY ("Merchant").
In addition to its core services offering, Clulo offers embedded payment processing services, which include credit card, debit card, ACH, and other payment processing services, as may be offered from time to time (collectively the "Processing Services").
a. Definitions: This Payment Processing Agreement outlines the payment processing services provided through fielddPAY, powered by Rainforest. "Processing" refers to the authorization, capture, settlement, and reporting of card-based transactions on behalf of a Merchant by a payment Processor. "Merchant" refers to the individual or business entity that accepts card payments for goods or services through the Clulo platform. "Platform" refers to Fieldd Inc. DBA Clulo, the provider of software and services that enable Merchants to manage and accept payments through fielddPAY, powered by Rainforest.
b. Processor Relationship: Clulo partners with Rainforest Payments, a registered Payment Facilitator and Level 1 PCI Compliant Service Provider, who acts as the Processor of card transactions and is a registered agent of Citizens Bank, N.A. and Sutton Bank. By using the Processing Services, Merchant agrees to the Processing Terms and Conditions available at the Rainforest website, which may be amended at any time on notice.
c. Fees and Settlements: You agree to pay all applicable processing fees for transactions submitted through the fielddPAY Payment Service. Fees are deducted from the transaction amount prior to settlement. Processing fees are 2.9% + $0.30 per transaction. For card-present transactions using Clulo-approved hardware, a reduced fee of 2.59% + $0.30 applies. Clulo may charge your connected bank account or credit card on file to resolve any unpaid fees or adjustments.
d. Chargebacks and Disputes: You are liable for any and all chargebacks, and fees associated with each chargeback. Each chargeback will incur a non-refundable $30 fee, regardless of the outcome of the dispute. You are responsible for managing chargeback responses through the Clulo platform as directed.
e. Payout Timing: Funds are settled to your designated bank account on a rolling 2-business-day cycle. Transactions processed before 7:00 PM ET will be included in that day's batch settlement.
f. Withholding and Risk: Clulo reserves the right to withhold payouts, request additional verification, or terminate your access to fielddPAY if your account is associated with high chargeback risk, suspected fraudulent activity, or engagement in restricted business types, as determined by Clulo or Rainforest.
g. Platform Liability Limitation: Clulo acts solely as a software provider and facilitator of access to third-party payment processing services. The Merchant agrees to fully indemnify, defend, and hold harmless Clulo from any and all losses, liabilities, claims, chargebacks, refunds, transaction errors, fraudulent activity, or violations of card brand or Processor rules arising from their use of fielddPAY. Clulo shall bear no financial responsibility for any actions or omissions of the Merchant related to payment processing. If Clulo incurs any past or future financial losses as a result of your chargebacks, failed refunds, or any other activity conducted through fielddPAY, we will pursue full recovery of those losses through all legal means available to us. This includes, where applicable, holding the owners, officers, or responsible individuals personally liable, especially in cases involving negligence, misrepresentation, fraud, or failure to meet financial obligations.
h. Platform Fees: Clulo may deduct any outstanding platform or subscription fees from your fielddPAY payouts prior to settlement.
9b. fielddPAY (AU)
a. Clulo partners with a PCI DSS accredited Payment Service Provider to provide the fielddPAY Payment Service.
b. You agree to pay all applicable fees for transactions processed through the fielddPAY Payment Service. These fees will be deducted prior to the settlement of funds. Any outstanding fees or discrepancies will be charged to the credit card on file in your Clulo CRM account, processed via ACH, and/or deducted from your pending fielddPAY balance.
c. Clulo reserves the right to withhold or deduct any outstanding platform fees from payments due to you.
d. A $30 fee will be charged for each chargeback. This fee is non-refundable, even if you successfully dispute the chargeback.
e. Processing fees are 1.89% + $0.30 per transaction. Automated Contractor Payroll: $5.00 per contractor payout.
f. Funds will be settled on a Monday through Sunday weekly cycle, with a cut-off time of 11:59 PM Sunday for inclusion in that week's settlement. Funds will be deposited by automatic electronic settlement at 12:30 PM AWST Thursday to your nominated company and/or contractor bank accounts if you have automated contractor payroll turned on. Victorian and Australian National public holidays on Monday, Tuesday, and/or Wednesday will delay Thursday's settlement of funds.
g. Clulo reserves the right to terminate your account or request additional verification if we suspect misuse, involvement in a restricted business type, or a high chargeback rate.
h. Platform Liability Limitation: Clulo acts solely as a software provider and facilitator of access to third-party payment processing services. The Merchant agrees to fully indemnify, defend, and hold harmless Clulo from any and all losses, liabilities, claims, chargebacks, refunds, transaction errors, fraudulent activity, or violations of card brand or Processor rules arising from their use of fielddPAY. Clulo shall bear no financial responsibility for any actions or omissions of the Merchant related to payment processing. If Clulo incurs any past or future financial losses as a result of your chargebacks, failed refunds, or any other activity conducted through fielddPAY, we will pursue full recovery of those losses through all legal means available to us. This includes, where applicable, holding the owners, officers, or responsible individuals personally liable, especially in cases involving negligence, misrepresentation, fraud, or failure to meet financial obligations.
Fees: Clulo reserves the right to withhold or deduct outstanding platform fees from any payment due to you or such other manner as Clulo, as notified in writing by us to you from time to time. You agree to pay any and all fees in respect of all transactions processed through the fielddPAY Payment Service, and these fees will be deducted pre-settlement of funds transacted through the Payment Service. Outstanding fees or inaccuracies will be deducted from the nominated credit card on file in the Clulo CRM and/or from the pending fielddPAY balance.
10. Chargeback and Payment Dispute Policy
By subscribing to Clulo's services, you acknowledge and agree to the following:
a. Payment Authorization and Billing Agreement
You authorize Clulo to charge the payment method provided for all agreed fees, including recurring payments. Subscription fees are non-refundable except as expressly stated in Clulo's refund policy. Failure to use the service does not entitle you to a refund or chargeback.
b. Chargeback and Dispute Resolution Process
If you experience billing concerns, you agree to first contact Clulo Support at hello@clulo.com to resolve the issue before initiating a chargeback. If you file a chargeback without first seeking resolution through Clulo, you agree that: Clulo may dispute the chargeback with your bank and provide evidence of your agreement to these terms. If the chargeback is ruled in Clulo's favor, you may be responsible for additional administrative or legal fees. Repeated chargeback attempts may result in account suspension or termination.
c. False Claims of Defectiveness or Non-Performance
Clulo provides its services "as described" and ensures that they function as outlined in our documentation. Filing a chargeback on the grounds of "defective" or "not as described" will not be considered valid if: (1) You have accessed or used the service after payment; (2) Clulo has provided troubleshooting support and the service is operational; (3) The features match those listed at the time of purchase. False claims of defectiveness made to justify a chargeback may be considered fraudulent activity and subject to further action.
d. Fraudulent or Unauthorized Transactions
If you suspect unauthorized activity on your account, you must notify Clulo within 5 business days of the transaction. Chargebacks claimed as "unauthorized" after continued service usage may be deemed fraudulent.
e. Subscription Cancellation Responsibility
It is your responsibility to cancel your subscription before the next billing cycle to avoid unwanted charges. Failure to cancel on time does not qualify as a valid chargeback reason.
f. Third-Party Issues Are Not Grounds for Chargebacks
Clulo is not responsible for service issues caused by: third-party integrations (e.g., payment gateways, external software); internet connectivity problems on the customer's end; or device incompatibility. Chargebacks related to such issues will be disputed.
g. Administrative Fees for Improper Chargebacks
If a chargeback is filed in violation of these terms and later overturned in Clulo's favor, Clulo reserves the right to charge an administrative fee of $500.00 to cover processing and dispute resolution costs.
h. Right to Suspend or Terminate Accounts
Clulo reserves the right to suspend or terminate accounts of customers who initiate multiple chargebacks, misuse the dispute process, or attempt to circumvent these terms.
By continuing to use Clulo, you acknowledge that you understand and agree to this policy.
11. Branded/White Label Mobile Apps
The below terms apply to the Branded/White Label Mobile Service Apps and Mobile Customer Apps. General Terms:
By ordering an app through the Clulo CRM, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use a copy of the Clulo Customer App or Service App. This does not constitute a transfer of ownership or title of Clulo's software.
Once the order is placed, Clulo will start the app-building process, which takes at least 30 days. Clulo is not responsible for any delays, and no refunds will be issued for delays.
Clulo will provide tools to help you design your app, and on your behalf, Clulo will upload the apps to the app stores using our Developer Accounts.
After building, Clulo will submit your app for approval to Google Play and the Apple App Store. Clulo is not responsible for delays caused by the app stores, and no refunds will be provided due to such delays.
Once approved, Clulo will transfer the app to your Developer Accounts.
You are responsible for ensuring your app complies with Google Play and Apple App Store Terms of Service.
Clulo is not liable for app removal or denial due to breaches of app store terms. No refunds will be issued in such cases.
If Clulo platform fees are not paid, Clulo will not maintain or support your app, which could result in its removal from app stores.
If you downgrade your subscription to one without an app, your apps are automatically removed from your plan. To re-activate your apps, you will need to upgrade and pay the re-activation fee.
If your app is removed due to content you add in violation of app store policies, Clulo reserves the right to charge a month's subscription fee to rebuild and resubmit the app.
12. App Revisions, App Rebuilds, and App Re-Activations
a. Each customer receives one free app revision. Additional revisions are charged at $199 USD per app, per platform (e.g., $199 for an iOS Customer App and $199 for an Android Customer App). Re-activations are charged at the above rate.
13. Business Associate Agreement and HIPAA
If your business type requires HIPAA compliance, or you transmit PHI, you agree to auto-enrolling into a Business Associate Agreement with Clulo where you are a covered entity pursuant to HIPAA, and Clulo is a business associate to you. Find your Business Associate Agreement in your account. Additional protections are included when HIPAA is toggled on in CRM preferences (Scale plan and above - contact us to activate).
Emails will not include scheduling questions or calendar invites.
Links to scheduled jobs and invoices can only be accessed once the customer logs into their account.
Sessions will log out every four hours.
Clulo has taken care of most of the technical and security protections; however, it is your responsibility to ensure your business practices and systems stay in compliance when using Clulo, including but not limited to:
Not using calendar sync.
Customizing emails, SMS, and push notifications to remove PHI.
Turning off emails that include the client's name and email address in the reply-to field.
Checking with third-party integrations such as Stripe and Zapier for compliance.
Staying up to date with HIPAA compliance is our priority, but Clulo takes no responsibility for direct or indirect HIPAA breaches due to the actions or non-actions of Clulo subscribers, and their customers, workers, staff, and/or subcontractors, whilst subscribed to the Clulo platform.
14. Account Suspension and Data Access
In the event of non-payment, Clulo reserves the right to suspend your access to the platform and all associated features until the outstanding balance is paid. This includes, but is not limited to, access to:
Your customer list (names, emails, phone numbers)
Appointment history and service records
Account settings, automation, and reporting tools
During any suspension, all data will remain securely stored. Data will not be deleted, shared, or sold. Full access will be restored immediately upon receipt of payment. Clulo will not share or disclose any identifiable end-customer data (such as your customer names, phone numbers, or booking history) with third parties, including collections agencies, under any circumstances.
15. End-Customer Data Use
You retain ownership of all customer data entered into Clulo. Clulo processes this data solely to deliver the services outlined in your subscription.
Clulo may use anonymized or aggregated customer data (that cannot be linked to individuals) to:
Improve product performance and reliability
Provide benchmarks or insights
Power platform analytics and reporting
Clulo will never sell, rent, or disclose your customer data to third parties for marketing or unrelated purposes.
16. Business Data and Third-Party Sharing
Clulo may share limited business information (e.g., company name, industry, account owner contact) with trusted partners only to:
Offer relevant integrations, promotions, or services
Improve platform performance or support
Conduct research and product improvement initiatives
This data will never include your customer list, financial records, or internal communications. You may opt out of non-essential sharing at any time by contacting support.
17. Limitation of Liability
To the maximum extent permitted by law, Clulo and its affiliates shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of revenue, data, customers, or business interruption, arising out of or related to the use or inability to use the platform, even if advised of the possibility of such damages. Under no circumstances shall Clulo's liability include a refund of previously paid fees, as services were rendered in good faith up to the point of disruption. If Clulo determines that any form of credit or compensation is warranted, such remedy shall apply solely to future use of the platform and is issued at Clulo's sole discretion. Customers acknowledge that Clulo continues to incur operational, administrative, and infrastructure costs during any downtime, and that temporary interruptions do not constitute grounds for automatic credits, refunds, or termination.
18. Customer Support - Fair Use Policy
Clulo understands that companies will require extra support in the first few months of implementing Clulo and occasionally require high volumes of support outside of normal support patterns. In good faith, Clulo will provide this extra support via our live chat found in the Clulo CRM and on our website. If a company is not paying for an active Clulo subscription, and/or requires excessive support outside of normal customer support patterns, Clulo reserves the right to prioritize support for paying companies on an active subscription, and/or place these support requests in a queue. In rare cases, should companies require an enhanced support plan, this will be available for a monthly fee based on requirements after the Customer Support Fair Use Policy is exceeded and Clulo understands how many extra hours per month are required to support the company.
19. Platform - Fair Use Policy
Clulo understands that companies will require extra usage in the first few months of implementing Clulo and occasionally require high volumes of SMS and platform usage outside of normal patterns. In good faith, Clulo will allow extra usage from time to time as we learn your normal usage patterns. If a company is not paying for an active Clulo subscription, and/or requires excessive SMS and/or traffic outside of normal usage patterns, Clulo reserves the right to rate limit items such as SMS and Google Maps. Clulo also prohibits the use of bots to visit your online booking page and/or mobile apps. This usage of bots for a short-term traffic spike will negatively affect your SEO in the long run, and Clulo will charge a fee for the extra resources required to host these users.
20. Unlimited - Fair Use Policy
Some of our subscriptions are offered or described as being "unlimited" in nature. This is subject, at all times, to reasonable usage limits of a business or municipality. If we determine, in our sole discretion, that your usage is excessive, unreasonable, and/or outside of your subscription plan job limit or enterprise contract agreement, we reserve the right to apply a per job overage cost or restrict your usage until your next billing cycle. Clulo wants all of its customers to get the best service and to be free to schedule jobs without limitations, with the best possible conditions. By ensuring that a very few do not abuse our services and engage in unreasonable use, we can continue to offer the great services you enjoy. We will use reasonable efforts to notify you if we decide to take such actions, but we also reserve the right to do so without notice.
21. Data Processing
Where you use Clulo to process personal data of your customers, staff, or other individuals on your behalf, Clulo acts as a data processor and you act as the data controller for the purposes of applicable data protection law, including the EU GDPR and UK GDPR.
By creating a Clulo account and accepting these Terms, you also accept Clulo's Data Processing Agreement ("DPA"), available at clulo.com/dpa, which is incorporated into these Terms by reference. The DPA governs how Clulo processes personal data on your behalf.
You are responsible for ensuring you have a lawful basis for any personal data you input into the Clulo platform and for providing appropriate privacy notices to your data subjects.
22. Modifications
Clulo may revise these Terms of Service for its website and/or mobile apps at any time without notice. By using this website and/or our mobile apps, you are agreeing to be bound by the then-current version of these Terms of Service.
23. Governing Law
These terms and conditions are primarily governed by and construed in accordance with the laws of the United States (State of Texas). For users outside the United States, including those in Australia and worldwide, governing law provisions outlined in Section 1a(i) apply. You irrevocably submit to the exclusive jurisdiction of the courts in the applicable location.
This policy is effective as of January 4, 2026.
For questions, contact us at hello@clulo.com