Terms of Service

1. Agreement to terms

These Terms of Service (“Terms”) govern your access to and use of the website at clutra.com and the services provided by Clutra (“Clutra,” “we,” “us,” or “our”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

2. Description of the service

Clutra is a done-for-you content agency. Our in-house editors create and distribute short-form content and help run social accounts on behalf of our clients. We also provide Instagram messaging automations (such as comment-to-DM and story-reply-to-DM flows) that operate on Instagram professional accounts our clients own and connect to Clutra. You are responsible for the content, messages, and campaigns you configure or ask us to run on your behalf.

3. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use our services. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate information and keep it up to date.

4. Acceptable use

When using our services - and in particular the Instagram messaging automations - you agree that you will not:

• Send spam, bulk unsolicited messages, or any content that is deceptive, harassing, hateful, or unlawful.
• Use the automations to contact people who have not initiated an interaction (such as a comment or message) that you are permitted to respond to.
• Violate Instagram’s or Meta’s policies, terms, or community guidelines, or any applicable law or regulation.
• Infringe intellectual property, privacy, or other rights of any third party.
• Attempt to disrupt, reverse-engineer, or gain unauthorized access to our systems or the platforms we integrate with.

5. Messaging rules and third-party platform policies

Automated messages are sent only in response to a qualifying user action (for example, a comment on your post or a reply to your story). Consistent with Meta’s Platform policies, automations are designed to send a single automated reply per triggering interaction, and unsolicited direct messages are not permitted. You are responsible for ensuring the messages you configure comply with Instagram’s messaging and platform policies. We may adjust, throttle, or disable automations as needed to remain compliant with those policies.

Clutra connects to third-party platforms on your instruction. When you connect an account, you remain bound by that platform’s own terms in addition to these Terms. In particular, Clutra uses YouTube API Services, and by using the YouTube features of Clutra you agree to be bound by the YouTube Terms of Service. Information handled by Google is governed by the Google Privacy Policy. Content published to TikTok is subject to the TikTok Terms of Service.

You are responsible for the content you publish through Clutra and for holding the rights necessary to publish it. Nothing is posted to a connected account without your approval of that specific post.

6. Fees and payment

Fees for our services are as agreed between you and Clutra (for example, in an order form, proposal, or subscription plan). Unless stated otherwise, fees are non-refundable. You are responsible for any applicable taxes. Failure to pay may result in suspension or termination of services.

7. Intellectual property and content

You retain ownership of the content and accounts you provide or that we operate on your behalf. You grant Clutra the rights necessary to perform the services, including creating, editing, and distributing content and operating your connected accounts as directed. Clutra retains all rights in its own software, website, and materials.

8. Third-party platforms

Our services depend on third-party platforms, including Instagram and Meta, TikTok, and YouTube and Google. Your use of those platforms is governed by their own terms and policies. We are not responsible for the availability, actions, or changes of any third-party platform, and platform changes may affect the services we can provide.

You own your accounts and your content. Connecting an account to Clutra does not transfer ownership of it or of anything published from it. You keep full awareness and control of what is posted to your accounts: nothing is published to a connected account without your express approval of that specific post, and we do not add Clutra branding, watermarks, logos, or promotional text to content we publish on your behalf. You can disconnect any account at any time, from within Clutra or from the platform’s own settings.

Clutra is an independent service. We are not affiliated with, endorsed by, or part of Instagram, Meta, TikTok, YouTube, or Google. Our use of the TikTok developer services is additionally governed by the TikTok Developer Terms of Service.

9. Disclaimers

Our services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or that they will produce any specific results, reach, or revenue.

10. Limitation of liability

To the maximum extent permitted by law, Clutra and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the services. Our total liability for any claim arising out of or relating to these Terms or the services will not exceed the amount you paid us in the three (3) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold Clutra harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your content, your use of the services, or your violation of these Terms or any third-party rights or policies.

12. Termination

You may stop using the services at any time and may disconnect any connected accounts. We may suspend or terminate your access if you violate these Terms, if required to comply with a platform or legal obligation, or if providing the service is no longer commercially reasonable. Upon termination, the rights granted to you under these Terms will cease, and provisions that by their nature should survive (such as sections 7–11) will survive.

13. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the services after changes take effect constitutes acceptance of the revised Terms.

14. Governing law

Clutra is established in Sweden. These Terms are governed by Swedish law, without regard to its conflict-of-laws rules, and any dispute arising out of or relating to them will be subject to the exclusive jurisdiction of the Swedish courts. If you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of your country of residence.

15. Contact

Questions about these Terms? Email us at team@clutra.com.