Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the "Agreement"). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
1. Who's Who
"You" means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept the Agreement on that person's or entity's behalf. If you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. We refer to Clusterfudge Ltd as "Clusterfudge", "we" or "us" throughout these Terms.
2. Your Account
Some parts of our Services require you to create an account. When you do, you agree to provide us with complete and accurate information and to keep it up to date, so we can communicate with you about your account.
We may need to send you emails about important updates (such as changes to our Terms of Service or Privacy Policy), or notify you about legal inquiries or complaints regarding your use of the Services. We may limit your access until we are able to verify information like your email address.
When you create a Clusterfudge account, we treat that as an inquiry about our products and services, which means we may also contact you to share additional details via email, phone, or text. If you are not interested, you may opt out of marketing communications at any time.
You are solely responsible for everything that happens under your account. This includes maintaining the security of your login credentials and keeping your password safe. We’re not liable for any acts or omissions by you — including any damages caused by your use of the Services.
Do not share or misuse your access credentials. If you suspect unauthorized use of your account, store, or website — or notice any other security breach — let us know immediately.
If we believe your account has been compromised, we may suspend or disable it to protect you and the integrity of our Services.
For more about how we handle the data you provide, check out our Privacy Policy.
3. Minimum Age Requirements
Our Services are not directed to children. You're not allowed to access or use our Services if you're under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you're at least 13 (or 16 in Europe).
You may use our Services only if you can legally form a binding contract with us. In other words, if you're under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Responsibility of Visitors and Users
We haven't reviewed, and can't review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else ("Content") or on websites that link to, or are linked from, our Services. We're not responsible for any use or effects of Content or third-party websites. So, for example:
- We don't have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don't endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You're fully responsible for the Content available on your website, and any harm resulting from that Content. It's your responsibility to ensure that your website's Content abides by applicable laws and by the Agreement.
- We aren't responsible for any harm resulting from anyone's access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You're responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that's for sale through any of our Services is the seller's sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
5. Feedback
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
6. General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United Kingdom or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of clusterfudge.com or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
7. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice at [email protected].
8. Intellectual Property
All rights, title, and interest in the Services, including software, documentation, and underlying technology, remain with Clusterfudge or its licensors. We grant you a limited, non-exclusive, non-transferable license to use the Services during your subscription term. You retain ownership of your data and content. We won’t use it for anything beyond providing and improving the Services, except as required by law.
9. Marketing and Publicity
By using our Services, you grant Clusterfudge a non-exclusive, royalty-free, worldwide license to use your name, logo, and trademarks ("Customer Marks") for the purpose of promoting or marketing our Services. This includes displaying the Customer Marks on our website, in presentations, case studies, and other marketing materials. We agree to use the Customer Marks in a manner that respects your brand guidelines, as provided to us, and will discontinue use upon written request from you.
10. Changes
We may update, change, or discontinue any aspect of our Services at any time. Since we're constantly updating our Services, we sometimes have to change the legal terms under which they're offered.
The Agreement may only be modified by a written amendment signed by an authorized executive of clusterfudge, or if clusterfudge posts a revised version. We'll let you know when there are changes: we'll post them here and update the "Last Updated" date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective.
Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services.
11. Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
We have the right (though not the obligation), in our sole discretion, to:
- Refuse or remove any content that, in our reasonable opinion, violates these Terms or any clusterfudge.com policy, or is in any way harmful or objectionable.
- Ask you to make adjustments, restrict the resources you use, or terminate your access to the Services if we believe your usage places an undue burden on our systems (which is rare).
- Terminate or deny access to any of our Services to any individual or entity for any reason.
We will have no obligation to provide a refund of any fees previously paid.
You may stop using our Services at any time. If you use a paid plan, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
12. Fees, Payment, and Renewal
Access to some of our Services may require payment. When you sign up for a paid plan, you agree to the pricing and payment terms as described on our website or in a separate agreement. Fees are billed in advance and are non-refundable, except as required by law. You’re responsible for keeping your billing info accurate and up to date.
Unless otherwise stated, subscriptions renew automatically for the same term using the payment method on file, unless you cancel before the end of your current term. We may change pricing at any time by giving you notice. If you don’t agree with the change, you can cancel before your next billing date.
If your payment method fails or fees are overdue, we may suspend your access to the Services until the balance is paid. Late payments may accrue interest at a rate of 3% per month or the maximum allowed by law, whichever is lower.
13. Service Levels and Support
We aim to provide a reliable and high-quality experience. While we don’t guarantee uptime or uninterrupted access, we do strive for high availability and will respond to support requests as soon as we can.
14. Data Protection and Confidentiality
We respect your data and your privacy. Please see our Privacy Policy for how we handle your personal information. If you share confidential information with us (or vice versa), both sides agree to keep it private and to use it only as needed to provide or receive the Services.
Where we process personal data on your behalf as part of delivering our Services, the following terms apply in compliance with applicable data protection laws (including the UK and EU GDPR):
Roles and Scope
- You are the controller, and we are your processor with respect to any personal data you upload or submit through the Services.
- We will only process personal data to provide the Services in accordance with these Terms, your instructions, and applicable law.
Our Responsibilities
We will:
- Implement appropriate technical and organisational measures to protect personal data.
- Ensure that our personnel are subject to appropriate confidentiality obligations.
- Notify you without undue delay if we become aware of a personal data breach involving your data.
- Assist you in responding to data subject requests, security incidents, or consultations with regulators where reasonably possible.
- Upon termination of the Services, delete or return personal data (unless required by law to retain it).
Subprocessors
You consent to our use of subprocessors to support the delivery of the Services. We will ensure our subprocessors are bound by data protection obligations equivalent to our own. We can provide an up-to-date list of subprocessors upon request.
International Transfers
Where personal data is transferred outside of the UK or EEA, we will ensure appropriate safeguards are in place, such as the UK International Data Transfer Agreement or the EU Standard Contractual Clauses.
Confidentiality
Each party agrees to protect the other’s confidential information and only use it to perform obligations under these Terms. This includes your business data, usage patterns, and any non-public information shared during our relationship.
15. Disclaimers
Our Services are provided "as is." clusterfudge and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither clusterfudge, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
16. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of England and Wales.
17. Limitation of Liability
To the maximum extent permitted by law, Clusterfudge won’t be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities. Our total liability for any claim relating to the Services is limited to the amount you paid us in the 12 months before the issue arose.
18. Indemnification
You agree to indemnify and hold harmless clusterfudge, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including legal fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user's website.
19. UK Economic Sanctions
You may not use the Services if such use is inconsistent with U.K. sanctions law or if you are on any list maintained by a British government authority relating to designated, restricted or prohibited persons.
20. Miscellaneous
If you sign a separate Subscription Agreement or Order Form with us, its terms will apply to the extent they conflict with these Terms.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Clusterfudge and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
We may assign our rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
– Updated 16th April 2025