Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of cloutktichen.com and the Clouted platform (the "Service") operated by Clouted, Inc. ("the Company"), located at 1101 South Congress Avenue, Suite 200, Austin, TX 78704. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Clouted provides AI-powered content distribution: you upload video clips and the Company's platform reformats them for multiple social media platforms, generates captions, and schedules posts on your behalf. These Terms cover your account, your uploaded content, the subscription plans available, and the respective responsibilities of you and the Company.

2. Use of the Service

• You must be at least 18 years old, or have the consent of a parent or legal guardian, to use the Service.
• You are responsible for maintaining the security of your account credentials. Notify us immediately at [email protected] if you suspect unauthorized account access.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• Free-tier accounts (Starter plan) are limited to one account per person or brand. Creating multiple free accounts to circumvent plan limits is prohibited.

3. Intellectual Property

The Service, including all text, graphics, logos, AI models, reformatting algorithms, and software, is owned by the Company or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose during your subscription term.

You retain all intellectual property rights in the video content you upload. You grant the Company a limited license to process, reformat, copy, and transmit your content solely as necessary to provide the Service -- including delivering the reformatted output to the social media platforms you connect.

4. User Content

You are responsible for all content you upload through the Service. You represent and warrant that:

• you own or have all necessary rights and licenses to the content you submit;
• the content does not infringe any third-party intellectual-property rights;
• the content does not violate any applicable law or the terms of the social media platforms you have connected.

The Company does not review uploaded content before it is processed. We reserve the right to remove content that violates these Terms or applicable law, and to suspend accounts responsible for repeated violations.

We do not use your uploaded video content to train the Company's AI models without your explicit written consent.

5. Subscription Plans and Billing

The Service is offered on a tiered subscription basis (Starter, Creator, and Team plans) as described on our pricing page. Free-tier accounts (Starter) are provided without charge subject to usage limits. Paid plans are billed monthly or annually at the rates published at the time of purchase.

All fees are non-refundable except where required by applicable law or as stated in a written agreement with the Company. We reserve the right to change pricing with at least 30 days' notice to affected subscribers.

6. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT CONTENT DISTRIBUTED THROUGH CONNECTED SOCIAL PLATFORMS WILL PERFORM IN ANY PARTICULAR WAY.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING DAMAGES RESULTING FROM DELAYED OR FAILED POSTS TO CONNECTED PLATFORMS, PLATFORM API CHANGES OUTSIDE OUR CONTROL, OR LOSS OF CONTENT. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNT YOU PAID THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, or (d) content you upload that infringes a third-party intellectual-property right or violates applicable law.

9. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. You may delete your account at any time via account settings or by contacting [email protected]. Upon account deletion, we will purge your personal data pursuant to our Privacy Policy. Sections that by their nature should survive termination will survive, including Sections 3, 4, 6, 7, 8, 10, and 11.

10. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Texas, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Texas, USA for intellectual-property infringement or unauthorized access to the Service.

11. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

12. Contact