Terms and Conditions
CloutPilot Terms and Conditions
Effective Date: May 4, 2025
Preamble: These Terms and Conditions (hereinafter "Terms") constitute a legally binding agreement between CloutPilot, a Belgian entity (hereinafter "CloutPilot," "We," "Us," or "Our"), and any individual or entity (hereinafter "User," "You," or "Your") accessing or utilizing the CloutPilot desktop application (hereinafter "Service"). By engaging with the Service, You unequivocally assent to these Terms in their entirety. Non-acceptance of these Terms precludes Your right to access or utilize the Service.
1. Definitions
1.1. Service: The proprietary desktop application developed by CloutPilot, facilitating automation of iPhone functionalities through natural language processing, exclusively targeting marketing agencies. 1.2. User: Any natural or juridical person, duly authorized, accessing the Service, representing a marketing agency or equivalent entity. 1.3. Workflow: A configurable sequence of automated tasks generated by the User within the Service. 1.4. Third-Party Services: External platforms, including but not limited to Stripe (payment processing) and MongoDB (data storage), integrated into the Service.
2. Scope of Service
CloutPilot provides a sophisticated desktop application enabling Users to automate iPhone operations via natural language prompts. The Service offers a gratuitous trial permitting one (1) device and one (1) workflow, with optional paid subscriptions at three hundred fifty United States dollars ($350.00) per month per device, conferring unlimited workflows per subscribed device. CloutPilot reserves the unilateral right to modify Service features, availability, or pricing, subject to notification as delineated herein.
3. Eligibility and User Representations
3.1. Users warrant they are at least eighteen (18) years of age and possess full legal capacity to enter into these Terms. 3.2. Users represent they are duly authorized agents of a marketing agency or equivalent entity, with requisite authority to bind said entity to these Terms. 3.3. Users shall provide accurate, current, and complete information during account registration and maintain such information’s veracity throughout their engagement with the Service.
4. Subscription and Payment Obligations
4.1. Trial Access: CloutPilot grants a non-revocable, non-transferable license for a free trial, limited to one (1) device and one (1) workflow, subject to these Terms. 4.2. Paid Subscription: Users may subscribe to a paid plan at $350.00 per month per device, unlocking unlimited workflows per device. Subscriptions auto-renew monthly unless terminated as stipulated herein. 4.3. Payment Processing: Payments are exclusively processed via Stripe, a third-party provider. Users authorize recurring charges and shall maintain valid payment instruments. CloutPilot disclaims liability for payment processing errors or disruptions attributable to Stripe. 4.4. Non-Refundable: All payments are non-refundable, except as mandated by Belgian law or other applicable regulations. 4.5. Disputes: Billing disputes must be notified in writing to support@cloutpilot.com within thirty (30) calendar days of the disputed charge, failing which such disputes are irrevocably waived.
5. User Obligations and Prohibited Conduct
5.1. Users shall utilize the Service in strict compliance with all applicable local, national, and international laws, including but not limited to Belgian law and the General Data Protection Regulation (GDPR). 5.2. Prohibited Activities: Users are expressly prohibited from:
Engaging in or facilitating any illegal, fraudulent, or malicious activities, including but not limited to unauthorized access, distribution of malware, or infringement of third-party rights.
Using the Service to perpetrate harm, harassment, or defamation.
Reverse-engineering, decompiling, or otherwise attempting to derive the Service’s source code.
Transferring or sublicensing Service access to unauthorized third parties. 5.3. Consequences: Violation of this clause shall result in immediate account suspension or termination, without prejudice to CloutPilot’s right to pursue legal remedies, including damages and injunctive relief.
6. Data Processing and Privacy
6.1. Data Collection: CloutPilot collects and processes:
Natural language prompts and vision data utilized by the Service’s AI for iPhone automation.
User contact details, including email addresses and Telegram usernames (e.g., cloutpilot_support).
Workflow configurations and related metadata. 6.2. Storage: All data is securely stored via MongoDB, a third-party provider, in compliance with GDPR and other applicable data protection frameworks. 6.3. User Consent: By using the Service, Users consent to the collection, processing, and storage of their data as described herein and in CloutPilot’s Privacy Policy. 6.4. Data Security: CloutPilot implements commercially reasonable measures to safeguard User data but disclaims liability for unauthorized access or data breaches beyond its reasonable control.
7. Intellectual Property
7.1. CloutPilot IP: The Service, including its software, algorithms, interfaces, and documentation, is the exclusive property of CloutPilot and is protected by Belgian and international intellectual property laws. 7.2. User Content: Users retain ownership of their prompts, workflows, and other content generated within the Service. Users grant CloutPilot a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, store, modify, and process such content solely for the purpose of providing, maintaining, and enhancing the Service. 7.3. Infringement: Users shall not infringe upon CloutPilot’s intellectual property or that of third parties. CloutPilot reserves the right to remove infringing content and terminate offending accounts.
8. Limitation of Liability
8.1. To the maximum extent permitted by Belgian law, CloutPilot, its affiliates, officers, directors, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to:
Use or inability to use the Service.
Service interruptions, data loss, or performance degradation.
Illegal activities conducted by Users.
Errors, omissions, or disruptions attributable to Third-Party Services (e.g., Stripe, MongoDB). 8.2. CloutPilot’s aggregate liability, if any, shall not exceed the total fees paid by the User in the six (6) months preceding the claim. 8.3. Users acknowledge that the Service is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to merchantability or fitness for a particular purpose.
9. Indemnification
Users shall indemnify, defend, and hold harmless CloutPilot, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:
User’s violation of these Terms.
User’s illegal or unauthorized use of the Service.
Infringement of third-party rights by User’s content or actions.
10. Termination
10.1. By CloutPilot: CloutPilot may, at its sole discretion, suspend or terminate User access immediately upon: - Violation of these Terms, including engagement in prohibited activities. - Non-payment of subscription fees. - Suspected or confirmed illegal activities. 10.2. By User: Users may terminate their account by submitting a written request to support@cloutpilot.com. Termination does not entitle Users to refunds for unused subscription periods. 10.3. Post-Termination: Upon termination, all User licenses to the Service cease, and CloutPilot may, at its discretion, delete User data in accordance with GDPR and its Privacy Policy.
11. Third-Party Services
The Service integrates Third-Party Services, including Stripe for payment processing and MongoDB for data storage. CloutPilot disclaims liability for any interruptions, errors, or data breaches attributable to such Third-Party Services. Users are bound by the respective terms of service of Stripe and MongoDB when utilizing the Service.
12. Force Majeure
CloutPilot shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, governmental actions, natural disasters, or Third-Party Service failures.
13. Modifications to Terms
CloutPilot reserves the unilateral right to amend these Terms at any time. Users will be notified of material changes via email to their registered email address. Continued use of the Service following such notification constitutes irrevocable acceptance of the revised Terms. Users are solely responsible for maintaining accurate contact information.
14. Governing Law and Dispute Resolution
14.1. Governing Law: These Terms are governed exclusively by the laws of Belgium, without regard to its conflict of law principles. 14.2. Jurisdiction: Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Brussels, Belgium. 14.3. Arbitration: At CloutPilot’s sole discretion, disputes may be submitted to binding arbitration in Belgium, conducted in accordance with the rules of the Belgian Centre for Arbitration and Mediation (CEPANI).
15. Miscellaneous
15.1. Entire Agreement: These Terms constitute the entire agreement between CloutPilot and the User, superseding all prior or contemporaneous agreements, whether written or oral. 15.2. Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. 15.3. Waiver: No failure or delay by CloutPilot in exercising any right under these Terms shall constitute a waiver of that right. 15.4. Assignment: Users may not assign their rights or obligations under these Terms without CloutPilot’s prior written consent. CloutPilot may assign its rights and obligations at its discretion.
16. Contact Information
For inquiries, support, or notices regarding these Terms, contact CloutPilot at:
Email: support@cloutpilot.com
Telegram: cloutpilot_support
Acknowledgment: By accessing or utilizing the Service, You irrevocably acknowledge and agree to be bound by these Terms in their entirety, as amended from time to time.