Terms of Service

Last updated: April 23, 2025

1. ACCEPTANCE OF TERMS

By accessing or using the services provided by CloutPlus ("Company," "we," "our," or "us"), including our website located at www.cloutplus.shop and all related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use our Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF OUR LIABILITY, DISCLAIMERS OF WARRANTIES, A CLASS ACTION WAIVER, AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.

2. SERVICES OVERVIEW

CloutPlus provides social media growth services, including but not limited to, followers, likes, views, comments, and shares for various social media platforms. Our Services are designed to help increase your social media presence and engagement. However, WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICES.

3. ELIGIBILITY AND REGISTRATION

3.1 Eligibility

You must be at least 18 years old and able to form legally binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Information

You are responsible for providing accurate, current, and complete information when ordering our Services. You are also responsible for maintaining the security of your account information, including your password, and for all activities that occur under your account.

4. USER CONDUCT AND RESPONSIBILITIES

4.1 Compliance with Social Media Platforms' Terms

You acknowledge and agree that you are solely responsible for ensuring that your use of our Services complies with the terms of service, community guidelines, and any other applicable policies of the social media platforms for which you are purchasing our Services. By using our Services, you represent and warrant that you have read, understood, and agree to comply with all relevant terms and policies of the applicable social media platforms.

4.2 Prohibited Uses

You agree not to use our Services:

  • For any unlawful purpose or to violate any laws or regulations
  • To impersonate any person or entity
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To interfere with or circumvent the security features of our Services
  • To engage in any activities that violate the terms of service of any social media platform

4.3 Restricted Content

Our Services shall not be used in connection with content that:

  • Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
  • Promotes illegal activities or conduct
  • Infringes upon or violates any third-party rights
  • Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer
  • Constitutes "spam" or unsolicited commercial electronic messages

5. PAYMENT AND BILLING

5.1 Pricing and Payment

All prices for our Services are stated in U.S. dollars unless otherwise specified. Prices are subject to change at any time. You agree to pay all charges at the prices in effect when you place your order, and any applicable taxes and other charges.

5.2 Payment Processing

We use third-party payment processors (such as Stripe) to bill you for our Services. The processing of payments will be subject to the terms, conditions, and privacy policies of these payment processors, in addition to these Terms. We are not responsible for any errors by the payment processors.

5.3 Authorization

You represent and warrant that: (i) the credit card or payment information you supply is true, correct, and complete; (ii) you are duly authorized to use such credit card or payment method for the purchase; (iii) charges incurred by you will be honored by your credit card company or payment provider; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes.

5.4 Recurring Billing

Some of our Services may consist of an initial charge followed by recurring charges. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.

5.5 Refunds

ALL SALES ARE FINAL. We generally do not provide refunds for any Services purchased. However, we may, at our sole discretion, issue refunds in exceptional circumstances. Any refund requests should be directed to [email protected].

6. NO GUARANTEE OF RESULTS

6.1 No Representations or Warranties

We make no representations or warranties about the effectiveness of our Services for any particular purpose. While our Services are designed to help increase your social media presence and engagement, we cannot and do not guarantee any specific increase in followers, likes, views, comments, shares, or any other metric.

6.2 Delivery of Services

We strive to deliver our Services promptly, but we do not guarantee that they will be delivered within any specific timeframe. Delivery times may vary based on various factors, including but not limited to, the type and quantity of Services purchased, the specific social media platform, and technical issues beyond our control.

6.3 Quality of Engagement

We aim to provide high-quality engagement from real accounts. However, we cannot guarantee that all engagement will come from actively engaged users or that such engagement will result in increased monetization, brand awareness, or other business objectives.

6.4 Fluctuations and Drops

Social media platforms frequently adjust their algorithms, policies, and practices, which can result in fluctuations or drops in followers, likes, views, comments, shares, or other metrics. We are not responsible for any such fluctuations or drops, whether they occur during or after the delivery of our Services.

7. RISK OF ACCOUNT ACTIONS

7.1 Acknowledgment of Risk

You acknowledge and agree that the use of any social media growth service, including our Services, carries inherent risks, including but not limited to, account warnings, restrictions, suspensions, or terminations by the social media platforms. YOU ASSUME ALL RISKS ASSOCIATED WITH USING OUR SERVICES.

7.2 No Liability for Account Actions

We shall not be liable for any actions taken by social media platforms against your account, including but not limited to, warnings, restrictions, suspensions, or terminations, whether such actions occur during or after the delivery of our Services.

7.3 No Compensation for Account Actions

In the event that a social media platform takes any action against your account in connection with your use of our Services, you will not be entitled to any refund, credit, or other compensation from us.

8. INTELLECTUAL PROPERTY

8.1 Our Intellectual Property

The Services, including all content, features, and functionality thereof, are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.

8.3 Restrictions

You may not:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services
  • Use any robot, spider, scraper, or other automated means to access the Services
  • Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services
  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services

9. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (H) ANY ACTIONS TAKEN BY SOCIAL MEDIA PLATFORMS AGAINST YOUR ACCOUNT.

IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any actions taken by social media platforms against your account in connection with your use of our Services.

12. TERMINATION

12.1 Termination by Us

We may terminate or suspend your access to all or part of the Services, without notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may also terminate or suspend your access if your use of the Services may cause harm to us or others.

12.2 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.3 No Refunds

We will not refund any amounts paid by you upon termination, regardless of the reason for termination.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law.

13.2 Arbitration

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be an attorney with experience in the legal and business issues relevant to these Terms. The award shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction.

13.3 Class Action Waiver

ANY ARBITRATION OR OTHER PROCEEDING SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED OR RESOLVED ON A CLASS ACTION OR REPRESENTATIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR RESOLVED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO PROCEED ON A CLASS ACTION OR REPRESENTATIVE BASIS.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights pending completion of the arbitration.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and the Company.

14.2 Waiver

The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14.3 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government actions, labor disputes, or Internet service interruptions.

14.4 Assignment

You may not assign these Terms or any rights or obligations hereunder without the Company's prior written consent, and any attempted assignment without such consent will be void. The Company may assign these Terms without your consent.

14.5 Notices

Any notices or other communications provided by the Company under these Terms will be given by posting to the Services or by email.

14.6 No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

14.7 Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the Company.

14.8 Contact Information

If you have any questions about these Terms, please contact us at [email protected].

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE OUR SERVICES.