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Welcome to the website operated by Clustie Inc. (“Clustie,” “we,” “us,” or “our”). This page explains the terms by which you may use our website and related services (the “Site”). By accessing or using the Site, you agree to these Website Terms of Service (“Agreement”) and acknowledge that you have read and understood our Privacy Policy.

1. Our Site

The Site provides information about the marketing, finance, and operational insights, recommendations, and analytics that Clustie provides to commerce companies.

1.1. Eligibility

This is a contract between you and Clustie. You must read and agree to these terms before using our Site. You may use the Site only if you can form a binding contract with Clustie, and only in compliance with this Agreement and all applicable laws. Use of the Site by anyone under 13 is strictly prohibited.

1.2. Limited License

You are granted a non-exclusive, limited, non-transferable, revocable license to use the Site as permitted by the features of the Site. Clustie reserves all rights not expressly granted in this Agreement.

1.3. Site Rules

You agree not to engage in prohibited activities including, but not limited to, copying Clustie’s content, using automated systems to access the Site, transmitting spam, attempting to interfere with the Site’s security, or collecting personally identifiable information from the Site without authorization.

1.4. Monitoring

Clustie reserves the right to monitor and record how Users use the Site for compliance and improvement purposes.

1.5. Changes to the Site

We may change, suspend, or discontinue the Site at any time without prior notice. Your continued use of the Site indicates your acceptance of any changes.

1.6. Site Location

The Site is operated from Portugal. Access from other locations is at your own risk and responsibility for compliance with local laws.

1.7. Support; Service Levels

Clustie will provide support and uptime in accordance with our current Support and Availability Policy.

1.8. Generative AI

By using any Generative AI on the Site, you acknowledge and accept the risks and disclaimers associated with such tools.

2. Proprietary Rights

2.1. User Content

Users may submit content on the Site. By sharing content, you grant Clustie a license to use, reproduce, modify, and distribute this content.

2.2. Clustie Content

All materials on the Site, including software, images, text, and graphics, are the exclusive property of Clustie and its licensors. Unauthorized use is prohibited.

2.3. Ideas

If you submit ideas or feedback, you agree that Clustie can use them without any obligation to you.

3. Clustie Products and Services

3.1. Customer Terms and Conditions

Additional terms may apply to paid products and services, which will override conflicting terms in this Agreement.

3.2. Payment of Fees

Fees are due as outlined on our pricing page and are subject to change. All fees are exclusive of taxes.

3.3. Refunds

Clustie offers a 60-day money-back guarantee for our services under certain conditions.

4. No Professional Advice

Information on the Site is for informational purposes only and should not be construed as professional advice.

5. Privacy

Our privacy practices are detailed in our Privacy Policy.

6. Security

While we take measures to secure your data, we cannot guarantee absolute security.

7. Copyright Infringement

If you believe your copyright is being infringed, please contact our designated agent with the required information.

8. Third-Party Links and Information

The Site may contain links to third-party websites. Clustie is not responsible for third-party content or services.

9. Referrals

Details of our referral program can be found on our referral page. We reserve the right to modify or terminate referral offers at any time.

10. Indemnity

You agree to indemnify Clustie from any claims arising from your use of the Site, violation of this Agreement, or infringement of any third-party rights.


11. No Warranty

The Site is provided "as is" without warranties of any kind. Use of the Site is at your own risk.

12. Limitation of Liability

Clustie is not liable for any indirect, incidental, or consequential damages arising from your use of the Site.

13. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

13.1. Governing Law

This Agreement is governed by the laws of Portugal.

13.2. Arbitration

Disputes will be resolved through binding arbitration in Lisbon, Portugal.

13.3. Class Action/Jury Trial Waiver

All claims must be brought individually, not as part of a class action or collective proceeding.

14. General

14.1. Assignment

You may not transfer your rights under this Agreement. Clustie may assign its rights without restriction.

14.2. Notification Procedures

We may provide notifications via email, written notice, or through our website. You may opt out of certain notifications.

14.3. Entire Agreement/Severability

This Agreement constitutes the entire agreement between you and Clustie. If any provision is deemed invalid, the remaining provisions will remain in effect.

14.4. No Waiver

Failure to enforce any provision of this Agreement does not constitute a waiver of that provision.

14.5. Contact

For questions, contact us at getintouch@clustie.ai.

15. Additional Terms for Automated Rules Product

15.1. Description

The Automated Rules product allows you to automate processes related to advertising and marketing platforms, including but not limited to Meta Ads Manager, Google Ads, Google Analytics, eCommerce platforms, and email marketing platforms. Access requires connecting your accounts on these platforms via API or other authorized integration methods.

15.2. Responsibility

You are solely responsible for:
   • Ensuring the accuracy and completeness of data provided to the Automated Rules
     product.
   • Managing ad spend, budgets, and configurations.
   • Monitoring automation outcomes to prevent unintended results.
     We disclaim liability for any financial or operational impact arising from automation
      settings or configurations.

15.3. Subject to Third-Party Actions

The functionality and performance of the Automated Rules product depend on third-party platforms (e.g., Meta Ads Manager, Google Ads, eCommerce platforms, email marketing services). These platforms are subject to their own terms, conditions, and operational changes, which may affect the operation of Automated Rules. We are not responsible for disruptions, changes, or limitations imposed by third parties.

15.4. Limitations

The Automated Rules product is provided as-is and is subject to the terms of this Agreement, including but not limited to disclaimers of warranties and limitations of liability.
We do not guarantee uninterrupted access to third-party platforms or the continued availability of integrations with those platforms. The performance and accuracy of the Automated Rules product are dependent on the data provided by the connected accounts.

15.5. Compliance with Platform Policies

You are responsible for ensuring that your use of the Automated Rules product complies with the terms, conditions, and policies of the connected platforms (e.g., Meta, Google, eCommerce platforms, and email marketing platforms). Any violations or restrictions imposed by these platforms due to your actions are your sole responsibility.

15.6. Security and Authorization

By connecting your accounts to the Automated Rules product, you grant us authorization to access and process data necessary to provide the service. You are responsible for safeguarding your login credentials and API keys to prevent unauthorized access.

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Clustie, a product owned by Full Venue S.A. (Tax ID: PT516097598), provides a cloud-based AI Segmentation solution based on first-party data designed for the B2C sector (hereinafter the Service). This Data Processing Appendix (DPA) is a part of the agreement for the provision of the Service whose terms and conditions have been laid out in the Service’s general Terms and Conditions or such other agreement that may have been specifically concluded (such agreement hereinafter the Agreement) between Clustie and the client (Client). Clustie and Client are each individually referred to as the Party and together as the Parties.

1. General

Data Processing Overview

1.1. This Data Processing Agreement (DPA) is part of the service agreement and covers all personal data processing. If there's a conflict between this DPA and the service agreement, this DPA takes priority.

1.2. When the client provides personal data to our service, the client acts as the data controller under GDPR, and Clustie acts as the processor. If the client is a processor for other controllers, Clustie will be a subprocessor.

1.3. The client is responsible for lawful data processing and collection. Clustie will not monitor the client's data processing. The client must ensure they have the necessary rights to share personal data with Clustie for lawful processing.

1.4. Each party is responsible for the security of its own communications networks. Neither party is responsible for the security of general communications networks or any disruptions outside their control.

1.5. Details about the types of data processed, including subject matter and categories, are provided in Schedule 1 of this DPA (Description of the Processing Operations).

2. Processing of personal data

2.1. Clustie will process personal data according to this DPA and the client's documented instructions, unless required by EU or Member State law. If required, Clustie will inform the client unless prohibited by law.

2.2. Clustie will only use the client's personal data to provide services as instructed. The client's instructions must be reasonable, compliant with data protection laws, and consistent with the agreement. If Clustie finds any instruction non-compliant with the law, it will inform the client.

2.3. If the client's instructions require extra measures or work, Clustie may charge an hourly consulting fee, subject to the client's prior approval.

3. Data Security

3.1. Clustie will implement and maintain appropriate technical and organizational security measures to protect personal data from unauthorized access, loss, or damage. These measures include:

   • Pseudonymization and encryption of personal data.

   • Ensuring ongoing confidentiality, integrity, availability, and resilience of processing

     systems and services.

   • Timely restoration of data availability and access in case of an incident.

   • Regular testing and evaluation of security measures.

   • Ensuring confidentiality commitments from personnel processing data.

Clustie ensures that all personnel processing personal data are bound by confidentiality obligations.

4. Assistance Obligations

4.1. Clustie will assist the client with appropriate measures to fulfill the client's obligations to respond to data subject rights requests under GDPR Chapter III.

4.2. Clustie will also help the client comply with GDPR obligations in Articles 32 to 36, including security assessments, breach notifications, and consultations with supervisory authorities.

4.3. If this assistance requires additional work from Clustie, they may charge an hourly consulting fee, subject to the client's prior approval.

5. International Transfers

5.1. The client agrees that Clustie may process personal data outside the European Economic Area (EEA). If data is transferred to a country not recognized by the European Commission as providing adequate protection, Clustie will use GDPR-compliant safeguards, such as standard contractual clauses, to protect the data.

5.2. If new Standard Contractual Clauses (SCCs) are adopted by the European Commission, Clustie will sign them with relevant third parties. These new SCCs will override any conflicting prior agreements. This section will be updated once the new SCCs are adopted.

6. Audits

6.1. The client or an appointed auditor can audit Clustie's data processing activities with Clustie's assistance, given 30 days' prior written notice. Each party covers its own audit costs unless Clustie incurs expenses, which the client compensates. If the audit risks exposing Clustie's trade secrets or intellectual property, an independent expert must be used, bound by confidentiality.

6.2. If an audit risks revealing Clustie's trade secrets or intellectual property, the client must employ an independent, non-competitor auditor who agrees to confidentiality.

6.3. Clustie provides necessary GDPR compliance information at the client's request. Clustie may charge an hourly consulting fee for additional measures, subject to the client's prior approval.

7. Subprocessors

7.1. The client authorizes Clustie to engage subcontractors as subprocessors to process personal data.

7.2. Clustie can choose and change subprocessors. Clustie will inform the client about current subprocessors upon request. If there is a change, Clustie will notify the client, allowing the client to object. If Clustie does not change the subprocessor as requested, either party can terminate the agreement.

7.3. When Clustie engages a subprocessor, the same data protection obligations in this DPA will apply. Clustie remains liable for the subprocessor's performance.

8. Categories and Types of Personal data

During service provision, Clustie may process personal data on behalf of the client. This data concerns the client's customers or potential customers and can include:

   • First and last name

   • Email address

   • Phone number

   • Postal address, postal code, country

   • Delivery address

   • Language

   • Birth date

   • Gender

   • Company name

   • Other data the client chooses to transfer

   • Customer relationship start date

   • Marketing consents (email, SMS, mail)

   • Last sign-up date and time

   • Purchase history

   • Email engagement (opened/clicked)

   • Website activity

   • Shop visit information

   • Competition participation

   • Customer feedback

   • IP addresses

   • Device types

9. Duration of the Processing

Personal data will be processed as long as the agreement with the client is in effect, unless the client instructs otherwise per the DPA. After the agreement ends, Clustie will delete the personal data within a reasonable time after the customer relationship concludes.

10. Transfers outside of the EU or the ETA

The following shall transfer outside of the EEA under this DPA:

AWS:

   1. Purpose of the transfer: To enable hosting of the Clustie service in the proper

       platform

   2. Country to which the data is transferred: Sweden

   3. Adopted safeguards for the transfer: Standard Contractual Clauses

11. General description of the technical and organisational security measures

As described in Section 3 of this DPA.

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