Terms of Service

Effective Date: August 01, 2025

Welcome to CloutSecure! These Terms of Service (“Terms”) govern your access to and use of CloutSecure’s website, platform, and cybersecurity services for content creators (collectively, the “Services”). CloutSecure (“we,” “us,” or “our”) is an India-based cybersecurity service provider for content creators worldwide. By accessing or using our website or Services, you (“User” or “you”) agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

Please read these Terms carefully. They include important information about your responsibilities, the limitations of our liability, your subscription obligations, and how disputes will be handled. These Terms should be read in conjunction with our Privacy Policy (which explains how we handle your data).

1. Scope of Services

1.1 Services Description: CloutSecure provides a range of cybersecurity services tailored for online content creators and influencers. Our Services include, but are not limited to:

• Social Media Account Audits: We conduct security audits of your social media accounts (e.g., reviewing privacy settings, identifying vulnerabilities in account configuration) and provide you with a report of findings and recommendations for improvement.
• Emergency Response: In the event of account breaches, hacking incidents, or other digital emergencies related to your online presence, we offer assistance to help you recover accounts, mitigate damage, and secure your platforms.
• Ongoing Threat Monitoring: We offer continuous monitoring services where we keep an eye on potential threats to your digital profiles, alert you to suspicious activities, and provide guidance on responses.
• Digital Vault Setup: We assist in setting up secure storage (a “digital vault”) for your sensitive content, passwords, two-factor backup codes, or other digital assets, ensuring they are protected against unauthorized access.
• Personalized Risk Reports: Based on the data collected (with your permission) and our analyses, we provide personalized risk scores and periodic reports that assess your cybersecurity posture and recommend actions.

Our Services may be accessed via our website and a secure client portal where you can login to view your reports and dashboard.

1.2 Free and Paid Services: Some Services or features may be offered free of charge (for example, an initial free audit of one social media account), while others require a paid subscription or one-time payment. We will clearly indicate which services are free and which require payment. Free Audit: If we offer a free audit, it is a one-time complimentary service intended to give you an overview of your account security. The free audit is provided “as is” with no guarantee of comprehensive results, and it does not create any obligation for you to purchase paid services.

1.3 Service Availability: We will use reasonable efforts to ensure our Services are available at most times. However, we do not guarantee that the Services will be uninterrupted or error-free. Downtime may occur for maintenance, upgrades, emergency repairs, or due to failure of telecommunications or equipment. We reserve the right to change, suspend, or discontinue any part of the Services at any time, with or without notice. We also reserve the right to impose limits on certain features or restrict access to parts or all of the Services without notice or liability.

1.4 Not Professional Advice: The content and reports provided through CloutSecure’s Services (including audit findings, risk scores, and recommendations) are for informational purposes to help you improve your cybersecurity. While we strive for accuracy and relevance, no content or information provided by CloutSecure should be construed as legal, financial, or professional advice. You are responsible for how you implement our recommendations. Always use your judgment and consider consulting with a professional for specific advice tailored to your situation.

1. Acceptance of Terms

By accessing or using our website and Services, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and capable of entering into a binding contract. If you are using the Services on behalf of an organization or legal entity (e.g., as an agent for a company or group), you represent and warrant that you are authorized to accept these Terms on that entity’s behalf, and that the entity agrees to be responsible to CloutSecure if you or the entity violates these Terms.

You acknowledge that you have read, understood, and agree to these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the Services.

We may ask you to indicate your acceptance of these Terms by clicking an “I Agree” button or checking a box. Even if we do not, your use of the Services indicates your acceptance. If you do not agree with these Terms, please do not register, subscribe, or use any of our Services.

1. User Accounts and Security

3.1 Account Registration: In order to access certain Services (such as viewing your personal risk dashboard or subscribing to a plan), you will need to create a user account. When creating an account, you agree to provide true, current, and complete information about yourself as prompted by our registration form (this may include your name, a valid email address, and other contact information). You agree to update such information promptly if it changes, so that our records remain accurate.

3.2 Account Credentials: You will be asked to choose a password (and possibly use additional authentication steps) for your account. You are responsible for maintaining the confidentiality of your login credentials, and you are fully responsible for all activities that occur under your account. You agree to not share your username or password with others and to safeguard access to your account. If you believe your account has been compromised or accessed without authorization, you must notify us immediately at support@cloutsecure.com.

3.3 Account Use: You must not use anyone else’s account at any time without permission. Similarly, you may not transfer your account to someone else. We reserve the right to disable or suspend any account that we suspect is being used in an unauthorized or fraudulent manner, or if account information provided turns out to be false or misleading.

3.4 Secure Portal: For accounts that have access to our client portal, additional terms apply as outlined in our Privacy Policy’s “Access via Client Portal” section (covering things like auto-logout and usage monitoring for security). By using the portal, you agree to use it only for lawful purposes and in accordance with these Terms and any posted portal guidelines.

3.5 Multiple Accounts: Unless specifically permitted by us, each user should maintain only one account. Creating multiple accounts for the same person (for example, to abuse free trials or circumvent account restrictions) is not allowed and may result in termination of all related accounts.

1. User Responsibilities and Acceptable Use

When using CloutSecure’s Services, you agree to conduct yourself responsibly and follow these rules:

• Provide Accurate Information: You agree to provide accurate and up-to-date information to us, both during account registration and while using the Services. Do not impersonate any person or entity, or misrepresent your identity or affiliation. Providing false information, such as using fake names or emails, is a violation of these Terms.
• Lawful Use: You will use our Services only for lawful purposes. You must not use the Services to engage in any illegal activities or to promote activities that are unlawful. This includes complying with all applicable export/import controls and sanctions, as our services may not be used by individuals or entities prohibited by law.
• Prohibited Content: You agree not to submit, upload, transmit, or share any content through CloutSecure that:
  • Is unlawful, harmful, fraudulent, or promotes illegal activities.
  • Is defamatory, libelous, or invasive of another’s privacy.
  • Contains threats or harassing, hateful, or discriminatory language.
  • Is obscene or pornographic (our services are not intended for such content).
  • Infringes or violates the intellectual property rights or other rights of any person or entity.
• No Malicious Use: You shall not use the Services in a way that could harm our systems or other users. Specifically, do not introduce viruses, malware, or any other harmful code into our website or portal. Do not attempt to gain unauthorized access to our systems or data (no hacking, scanning, or testing the vulnerability of our infrastructure without authorization).
• Respect for Others’ Data: If, in the course of using our Services (especially emergency response), you happen to receive information about another individual or third party, you must treat that information as confidential and use it only for the purpose for which it was provided. You may not misuse others’ data or violate their privacy.
• No Abuse of Services: You agree not to abuse our offerings. This means, for example, you should not:
  • Use any automated system (such as bots, scrapers, or scripts) to access or use the Services in a way that sends more request messages to our servers than a human can reasonably produce in the same period.
  • Attempt to disrupt the normal flow of the Services or act in a manner that negatively affects other users’ ability to use the Services.
  • Resell or commercialize our Services or accounts without our permission (for instance, you cannot create an account and then sell access to it or the results of a free audit to someone else).
• Compliance with Third-Party Terms: Our Services often involve interfacing with third-party platforms (like social media networks for audits). You are responsible for complying with the terms of those third-party platforms. For example, if a social media platform forbids sharing your password, you should not violate that when using our service. We are not responsible for your violations of third-party agreements.
• Feedback: While not an obligation, if you provide feedback or suggestions about our Services, you agree that we may use such feedback for any purpose, without obligation to you. (See Intellectual Property section regarding rights to feedback.)

Examples: To put it plainly, you should use CloutSecure in a manner that is considerate and legal. For instance, do not use our Services to try and break into someone else’s account; do not post abusive comments in support communications or forums; and do not share your portal login with a friend. If you follow the rules and use CloutSecure to improve your own security, we’ll get along great!

Violation of the above rules constitutes a breach of these Terms and may lead to suspension or termination of your account (see Suspension and Termination below), as well as potential legal consequences if warranted.

1. Subscriptions and Payments

Some of CloutSecure’s Services are provided on a subscription or paid basis. This section explains the terms related to fees, billing, and cancellations.

5.1 Paid Plans: We offer different subscription plans and paid options (e.g., monthly or annual subscriptions for ongoing monitoring, one-time fees for incident response packages, etc.). The specific features and pricing of each plan will be described on our website or in a separate order form or agreement. By subscribing to a paid plan or purchasing a service, you agree to pay the listed fees and charges.

5.2 Billing and Auto-Renewal: Recurring Subscriptions: If you sign up for a subscription (e.g., monthly or yearly ongoing service), your subscription will automatically renew at the end of each billing cycle (monthly or annually, as applicable) unless you cancel it before the next renewal date. You will be charged the then-current subscription fee to your provided payment method at the start of each renewal term. We will use the payment method on file for you (such as a credit card or other processor) to process recurring payments. It is your responsibility to ensure your payment information is up to date.

5.3 Free Trials and Promotions: CloutSecure may offer free trials or introductory promotions for certain paid services. Unless otherwise stated, free trials automatically convert to paid subscriptions at the end of the trial period. If you are on a free trial, we will notify you of the upcoming charge before the trial ends, and you must cancel before the trial period ends to avoid being charged. Only one free trial per user is permitted unless stated otherwise.

5.4 Payment Methods: We accept various payment methods (e.g., major credit/debit cards, online payment services) as indicated at checkout. By providing a payment method, you represent that you are authorized to use that method and you authorize us (or our third-party payment processor) to charge the full amount of your purchase (including any applicable taxes or fees) to that payment method. All billing information you provide must be current, complete, and accurate.

5.5 Taxes: Our fees are listed exclusive of any taxes (unless indicated otherwise). You are responsible for any sales, use, value-added, or other taxes or duties applicable to your purchase. If we have the legal obligation to pay or collect taxes for which you are responsible (for instance, GST, VAT), we will charge you for those amounts, which may be added to your billing total.

5.6 Refunds: Unless otherwise required by law or explicitly stated by us, all payments are non-refundable. This means that if you cancel a service in the middle of a billing cycle, you will not receive a pro-rated refund for the remaining period. We reserve the right to consider and grant refund requests on a case-by-case basis in our sole discretion (for example, if a technical issue on our end made the service unavailable for a significant time, we might choose to credit or refund an affected period). Any free trial periods are provided without charge; charges only apply after such trials as described above.

5.7 Cancellation of Subscription: You may cancel your subscription at any time by following the instructions in your account settings or by contacting our support team. If you cancel a recurring subscription, you will continue to have access to the paid features until the end of the current billing period that you have paid for. Your subscription will not renew after that period. We do not typically offer refunds for the remaining days in a billing cycle after cancellation; the service remains available to you until expiration.

5.8 Fee Changes: Our pricing and fees may change over time. Any changes to subscription fees will not apply retroactively; they will take effect in your next billing cycle after we provide notice to you. We will give you reasonable advance notice of any changes to the fees to give you the opportunity to cancel if you do not agree (except for changes due to mandatory tax changes or adjustments required by law, which may take effect sooner). If you continue to use the Services after the fee change takes effect, that constitutes your agreement to pay the new rate.

5.9 Late Payments: If we are unable to charge your provided payment method (for example, due to expiration or insufficient funds), or if a payment is otherwise overdue, we reserve the right to suspend or terminate your access to paid Services. Any failure to pay fees when due may result in suspension of your account or Services. If you believe a charge is incorrect, you must notify us in writing within 30 days of the charge; otherwise, we will deem it accepted.

1. Intellectual Property

6.1 CloutSecure Content: The Services and all materials published on or generated by CloutSecure – including the website design, text, graphics, logos, button icons, images, reports, software (including the underlying code), and all other content (collectively, “CloutSecure Content”) – are the property of CloutSecure or our licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws. All rights are reserved.

• License to You: CloutSecure grants you a limited, non-exclusive, non-transferable, revocable license to access and use the CloutSecure Content for your personal, non-commercial use in connection with the Services. This means, for example, you may print or download your audit report and use it for your own security improvement, but you may not sell that report or hold it out as your own analysis.
• Restrictions: Except as expressly permitted by CloutSecure in writing, you agree not to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, or transmit any CloutSecure Content. The only exception is your own personal data or documents (you have rights to your data as explained in our Privacy Policy). You shall not remove or alter any copyright, trademark, or other proprietary notices on any CloutSecure Content.

6.2 Trademarks: “CloutSecure” and our logos, slogans, or taglines are trademarks/service marks of CloutSecure. You are not permitted to use these trademarks without our prior written consent. All other names and logos on the Services may be trademarks of their respective owners and are used by us for identification purposes only; no endorsement or affiliation is implied.

6.3 User Content: In using our Services, you might submit or provide content that is yours – such as information from your social media accounts, responses to questionnaires, or other materials. We do not claim ownership over any original content or data you provide to us (“User Content”). However, by providing User Content to CloutSecure, you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, display, and adapt your User Content solely as needed to provide the Services. For example, if you give us a list of your accounts or upload a screenshot for analysis, we will use it to perform the audit or service requested. We will not use your User Content for other purposes without your consent. Please ensure that you have the necessary rights to share any content with us (especially if it includes third-party materials); you should not upload or share content you do not have permission to use.

6.4 Feedback: If you send us any suggestions, enhancement requests, or other feedback (collectively, “Feedback”), you agree that we may freely use, modify, and incorporate such Feedback into our products or services without any obligation to you. Feedback is entirely voluntary, and we are not required to use it. You understand that we may have similar ideas or features under development, and any Feedback you provide does not give you any proprietary or monetary claim in such features.

6.5 Third-Party IP: Our Services may include third-party software or libraries (which we use under license) or may interoperate with third-party services. All third-party intellectual property is the property of its respective owners. You must comply with any third-party license terms that are applicable (we will notify you if any such terms apply to your use of the Services, beyond standard usage of APIs or tools). We have no ownership of content you access on third-party platforms via our Services – for example, if our tool shows you some statistics from your social media account, that underlying data remains subject to the social media platform’s terms.

If you believe that any content on our site or generated by our Service infringes your copyright or other intellectual property rights, please contact us with detailed information, and we will investigate and address the issue, including removing or disabling access to the infringing material as appropriate (see Contact Us section for how to reach us).

1. Access to Client Portal and Data

As part of our Services, users with active accounts may have access to a personalized client portal and various data, including personal risk scores and security reports. This section outlines terms specifically related to using the portal and accessing your data through our Services:

7.1 License to Use Portal: We grant you a personal, non-transferable, non-sublicensable, revocable license to use our online portal and software strictly for accessing your account information, reports, and utilizing the Service features we provide to you. This license is provided solely for your own use of the Services in compliance with these Terms.

7.2 Portal Functionality: Through the portal, you will be able to view and manage information like:

• Your profile and settings.
• Security audit results and recommendations.
• Threat alerts and logs of monitored events.
• Digital vault information (if applicable).
• Subscription details and billing information.

You agree to use these tools and data only for their intended purposes. For example, if our portal allows you to connect to a third-party (like linking a social media account for monitoring), you will not misuse that feature or attempt to extract data beyond what is relevant to your own accounts.

7.3 Data Ownership: As between you and CloutSecure, you retain ownership of the personal data and content you provide to us (as described in User Content above). The results and reports we generate for you are licensed to you for your personal use. However, CloutSecure retains all rights to the underlying methodologies, algorithms, and aggregated data that we use or produce. For instance, you can use and share your risk report with your team or advisors, but you cannot resell the report or claim the scoring methodology as your own.

7.4 Confidentiality of Portal Data: The data accessible in your portal may include sensitive security information. You should treat it as confidential. While we have taken measures to secure the portal, you are responsible for maintaining the secrecy of your login credentials (as noted in User Accounts and Security) and for restricting access to your portal. If you share or publish any portion of the content from the portal (e.g., posting your risk score publicly), you do so at your own risk.

7.5 No Data Mining or Reverse Engineering: You agree not to data mine, scrape, or use any robot, spider, or other automated device or process to access the portal or extract information (except as may occur through standard search engine protocols or with our express written consent). Also, you shall not reverse engineer or attempt to derive the source code or underlying ideas or algorithms of any part of the portal software, except to the limited extent permitted by applicable law.

7.6 Third-Party Integrations: If our portal allows integration with third-party accounts or services (for example, logging in via OAuth to a social platform to gather data for an audit), you may need to authenticate with those third-party services. By enabling such integrations, you authorize us to access your account information on those third-party platforms solely as needed to provide the Services. We will handle any data fetched from third-party integrations in accordance with our Privacy Policy and these Terms.

7.7 Service Data on Termination: If your account or subscription is terminated (by you or by us), your access to the portal and data therein will be discontinued or downgraded. We may provide you an opportunity to download your data or reports before closing your account (where feasible). After termination, we may delete your portal data in accordance with our data retention policy (refer to the Privacy Policy). It is your responsibility to save any reports or information you might need prior to termination.

1. Disclaimers of Warranties

CloutSecure strives to provide excellent cybersecurity services, but we need to make clear the scope of our commitments. The following disclaimers are important, so please read this section carefully:

8.1 “As Is” and “As Available”: The Services (including our website, portal, and all content provided therein) are provided on an “as is” and “as available” basis. CloutSecure and its suppliers, to the fullest extent permitted by law, disclaim all warranties of any kind, whether express, implied, or statutory, regarding the Services. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

8.2 No Guarantee of Results: You understand and agree that no cybersecurity service can guarantee 100% protection against all threats. While our aim is to significantly improve your security posture, CloutSecure does not guarantee that the Services will find or eliminate every vulnerability, prevent all cyber attacks, or that following our recommendations will make you immune to security breaches. The effectiveness of our service also depends on factors outside our control (such as you implementing our advice, the security of third-party platforms, etc.).

8.3 Operation and Accuracy: CloutSecure makes no warranty that:

• The Services will meet your specific requirements or expectations.
• The Services will be uninterrupted, timely, secure, or error-free. We do not warrant that any defects or errors will be corrected.
• Any information or content obtained through the Services (such as a risk assessment or advice) will be accurate, reliable, complete, or up-to-date. While we strive for accuracy, the cybersecurity landscape evolves rapidly, and our analyses are based on information available at the time of the service.
• The results that may be obtained from use of the Services will be effective or reliable. For example, we cannot promise that an emergency response will successfully recover a hacked account (though we will do our best), or that an audit will catch every configuration issue.

8.4 No Liability for Third Parties: We do not control or have responsibility for third-party services, platforms, or products (such as social media networks, hosting providers, or software tools) even if our Services interact with them. We make no warranty regarding any third-party integrations or content. Any issues arising from third-party platforms are outside our warranty.

8.5 Data and Transmission: You acknowledge that any data downloaded or otherwise obtained through the use of our Services (for example, downloading a report or receiving data via email) is done at your own discretion and risk. You will be solely responsible for any damage to your device or loss of data that results from such activities. We also do not warrant that our emails, reports, or the server that makes the Service available are free of viruses or other harmful components, although we take precautions against such threats.

8.6 Professional Advice Disclaimer: No information or advice (written or oral) obtained by you from CloutSecure or through the Services shall create any warranty not expressly stated in these Terms. Any recommendations we give do not carry a guarantee and are not a substitute for your own responsibility and diligence in managing your security.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, any implied warranties will be limited to the minimum extent permitted by applicable law.

1. Limitation of Liability

To the fullest extent permitted by law, in no event will CloutSecure, its directors, officers, employees, agents, or partners be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of (or inability to use) the Services. This includes, without limitation, damages for lost profits, lost data, loss of goodwill, business interruption, personal injury, pain and suffering, emotional distress, or the cost of procurement of substitute services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not CloutSecure has been informed of the possibility of such damage.

Specifically, CloutSecure shall not be liable for any losses or damages resulting from:

• Security Incidents: Cyber attacks, account breaches, or other security incidents that occur, even if you were using our Services. (For example, if you experience a hack despite being on our monitoring plan, or if our emergency response fails to recover your account fully.)
• User Actions or Inactions: Any action you take or fail to take based on the information provided by the Services. You are responsible for implementing security measures; our liability doesn’t cover outcomes that could have been mitigated by following recommended steps.
• Third-Party Acts: Acts or omissions of third-party service providers or platforms, even if integrated with our Services. (E.g., if a social media platform’s own failure leads to a breach, or if a third-party analytics tool misuses data, CloutSecure isn’t liable for that.)
• Unauthorized Access: Unauthorized access to or alteration of your transmissions or data that is not due to our negligence (for instance, if you fail to secure your account credentials and someone accesses your portal).
• Other Intangible Losses: Any intangible losses not listed here but which may arise (like reputational harm if your account is compromised).

Cap on Liability: To the extent that any liability is not legally excludable, the total cumulative liability of CloutSecure and its affiliates for any claims arising out of or related to these Services or these Terms, regardless of the form of the action, is limited to the total amount paid by you to CloutSecure for the specific Service in question during the 12 months immediately preceding the event giving rise to the liability. If you have not paid CloutSecure for the use of any Services (for example, if you only used a free audit), then CloutSecure’s total liability to you shall not exceed Indian Rupees ₹5,000 (or equivalent in your local currency).

This limitation is cumulative and not per-incident. The existence of multiple claims or incidents will not expand the limit.

Exceptions: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so portions of the above limitation may not apply to you. Additionally, nothing in these Terms limits or excludes liability for gross negligence, intentional misconduct, or death or personal injury caused by our negligence, or any other liability that cannot be excluded by law.

You agree that the limitations of liability and disclaimers set out in these Terms are fair and reasonable given the nature of the Services and that, absent such limitations, the fees for the Services would be higher.

1. Suspension and Termination

10.1 By User (Cancellation): You are free to stop using our Services at any time. You may delete your account or cancel a subscription as described in the Subscriptions and Payments section. Termination of your account will result in disabling your access to the Services and portal. Keep in mind that no refunds will be provided for early cancellation except as stated in our Refund policy.

10.2 By CloutSecure (Suspension or Termination): We reserve the right to suspend or terminate your access to the Services (in whole or in part) under the following circumstances:

• For Breach of Terms: If you violate any provision of these Terms or use the Services in a manner that is fraudulent, abusive, or illegal, we may suspend your account immediately and, if the issue is not promptly remedied (or is incapable of remedy), terminate the account. For serious violations (e.g., attempting to hack our systems or other users, or other egregious behavior), termination may be immediate and without prior notice.
• Non-Payment: If you fail to pay any fees due for paid Services and do not cure such failure within a reasonable time (e.g., 10 days after payment is due), we may suspend your access to those paid features. We will notify you of the missed payment and impending suspension. If payment is not received, we may terminate your subscription for cause. Reinstatement after termination for non-payment may require you to re-subscribe at current rates.
• Security Threats: If your use of the Services poses a security threat to us or our other users (for example, if your account is compromised and being misused, or if you are using the Services in a way that could introduce malware), we may temporarily suspend your account to mitigate the threat. We will, if feasible, notify you and work with you to resolve the issue and restore access.
• Legal Requirement: If we are required to terminate or suspend accounts due to a court order, law, or regulation (such as sanctions or other legal restrictions), we will comply with that requirement and do our best to notify affected users (unless legally prohibited).
• Inactivity: For free accounts, if you do not log in or use the Service for an extended period (e.g., 12 months), we reserve the right to deactivate or delete your account due to inactivity. We will provide notice to your registered email before deletion for inactivity, giving you a chance to log in and keep the account active.

10.3 Effect of Termination: Upon termination of your account for any reason:

• Your right to access or use the Services will immediately cease, and any licenses granted to you under these Terms will end.
• We may delete or deactivate your account and all associated data from our live databases. (Note: We may retain certain information for record-keeping or legal purposes as outlined in our Privacy Policy, but it will no longer be accessible through the account or portal.)
• If you had a subscription, it will be cancelled going forward. You will not be charged further, but you also will not receive any refunds for any unused portion of the subscription term, except in the event that we terminated your account without cause, in which case we may at our discretion provide a prorated refund of prepaid fees for the remaining period.
• Any provisions of these Terms which by their nature should survive termination (such as indemnities, limitation of liability, dispute resolution, governing law, and any accrued rights) will survive.

10.4 Account Reinstatement: If your account was suspended or limited due to a breach that you subsequently cure or resolve, you may contact us to request reinstatement. We will evaluate such requests on a case-by-case basis. Reinstatement is at our sole discretion and may be subject to additional conditions (for example, you might need to provide a written assurance not to repeat the violation, or we might require you to upgrade to a more secure plan).

10.5 No Liability for Termination: CloutSecure shall not be liable to you or any third-party for any termination or suspension of your account or access to Services, provided that we act in accordance with these Terms. Termination of your account does not limit any of CloutSecure’s rights or remedies at law or in equity.

1. Governing Law and Dispute Resolution

11.1 Governing Law: These Terms and any dispute arising out of or related to them or the Services will be governed by the laws of India, specifically the laws of the Republic of India, without regard to its conflict of law provisions. However, we acknowledge that as an international service, you may have certain consumer protection rights under the laws of your country of residence. Nothing in this section seeks to override any rights you have that are mandated by the law of your jurisdiction (for example, statutory rights under EU consumer law if you reside in the EU).

11.2 Jurisdiction: Subject to the dispute resolution provisions below, you agree that any suit, action, or proceeding arising out of or relating to these Terms shall be resolved exclusively in the courts located in the city of Mumbai, India. You consent to the personal jurisdiction of and venue in these courts. If you reside outside of India, you waive any objection to jurisdiction or venue in the courts of India, including the defense of inconvenient forum, to the extent permitted by applicable law.

11.3 Dispute Resolution Process: We value our relationship with you and want to address your concerns without the need for formal legal action if possible. If you have a dispute with CloutSecure, you agree to first contact us at support@cloutsecure.com and attempt to resolve the dispute informally. We will do the same. If we are unable to resolve the dispute through negotiation within 30 days of your initial contact (or a mutually agreed extended period), then the parties are free to pursue formal resolution as outlined below.

11.4 Arbitration (if agreed): At this time, we do not require arbitration for disputes; however, if both you and CloutSecure agree, we can choose to resolve the dispute through binding arbitration in lieu of court. Such arbitration would be conducted under the rules of a reputable arbitration center in India (such as the Mumbai Centre for International Arbitration), and the arbitration would be conducted in English by a single arbitrator. Each party would bear its own costs, and the arbitrator’s award could be entered in any court of competent jurisdiction. This clause does not automatically compel arbitration, but provides an option if mutually agreed.

11.5 Exceptions to Informal Resolution: Either party may seek immediate injunctive relief (a court order requiring specific action or preventing specific action) in any court of competent jurisdiction in cases of urgency, for example, alleged misuse of intellectual property or unauthorized access that could cause irreparable harm, without first engaging in the above informal process.

11.6 Class Action Waiver: To the extent permitted by applicable law, you and CloutSecure each agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and not as a class action, consolidated action, or representative action. You further agree not to participate in claims brought in a private attorney general or representative capacity on behalf of others for any dispute related to the Services or these Terms.

11.7 Legal Fees: In any legal action or proceeding (whether in arbitration or court) brought to enforce or interpret these Terms, the prevailing party will have the right to collect from the other party its reasonable attorneys’ fees and costs (including court or arbitration fees) incurred in connection with the action, in addition to any other relief to which that party may be entitled.

1. Miscellaneous

12.1 Changes to Terms: CloutSecure may update these Terms from time to time. If we make material changes, we will notify users by posting the updated Terms on our website and updating the “Effective Date” at the top, and/or by sending an email to the address associated with your account. It is your responsibility to review these Terms periodically. Your continued use of the Services after the updated Terms are effective constitutes your acceptance of the changes. If you do not agree to the revised Terms, you should discontinue your use of the Services.

12.2 Entire Agreement: These Terms (along with any additional guidelines, rules, or terms provided for specific services or features and our Privacy Policy) constitute the entire agreement between you and CloutSecure regarding the Services and supersede any prior agreements or understandings (whether oral or written) relating to the subject matter. Any additional or different terms proposed by you (for example, in an email or purchase order) are hereby objected to and will not bind us unless explicitly agreed in writing by an authorized representative of CloutSecure.

12.3 Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The invalidity of a specific provision shall not affect any other provision of these Terms.

12.4 No Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. CloutSecure’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.5 Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. CloutSecure may assign or transfer these Terms, and its rights and obligations, to any party at its sole discretion, including in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise.

12.6 Relationship of Parties: You and CloutSecure are independent contracting parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has the authority to make any commitments or representations on behalf of the other.

12.7 Force Majeure: CloutSecure will not be liable for any failure or delay in performance of its obligations (except payment obligations) if the delay or failure is due to causes beyond our reasonable control, such as acts of God, war, terrorism, civil disturbances, government action, labor conditions, natural disasters, fire, epidemics or pandemics, internet or utility failures, or any other event of force majeure (as defined by law).

12.8 Notices: CloutSecure may send you notices, including those regarding changes to these Terms, by email, postal mail, or postings on our website or portal. Notices sent by email will be effective when we send the email (to the address you provided). Notices we post on our website will be effective upon posting. It is your responsibility to keep your email address current. You may send notices to us by email at support@cloutsecure.com or by mail to our corporate address provided in Contact Information below. Notices by you will be effective upon receipt by us.

12.9 Language: These Terms are written in English. If we provide a translation in another language, it is for convenience only, and the English version will govern in the event of any conflict or ambiguity.

1. Contact Information

If you have any questions about these Terms, or if you need to contact us for any reason, please reach out to:

CloutSecure Customer Support
Email: support@cloutsecure.com
Mailing Address: CloutSecure Pvt. Ltd., 123 Cyber Avenue, Mumbai, Maharashtra, India
Phone: +91-XXXXXXXXXX

We appreciate your feedback and inquiries, and we will endeavor to respond promptly.

By using CloutSecure’s Services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. Thank you for trusting CloutSecure with your cybersecurity needs. We look forward to helping you secure your digital presence!