1. Agreement to terms
These Terms of Service govern your use of the websites, platform, browser extension, hosted content and associated services operated by Desklamp, Inc., a Delaware corporation doing business as Clueso ("Clueso", "we", "us"). Our Privacy Policy also governs your use of the Service. Together these form your agreement with us. If you do not agree, you may not use the Service.
2. The service
Clueso is an AI-powered screen recording and documentation platform that turns screen recordings into video guides, step-by-step articles and interactive help content. The Service comprises the website at clueso.io, the platform at web.clueso.io, the browser Extension, the Hosting Solution (the embeddable video player and article viewer, shareable links and hosted help pages), and associated features including AI voiceover generation, automatic translation, and analytics.
Additional modules — including automated recording and code-connected documentation — are available to enterprise customers under an Order Form and the applicable Module Rider. They are not enabled by default.
3. Accounts
• You must be at least 18 and provide accurate registration information.
• You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at security@clueso.io of any unauthorised use.
• You are responsible for ensuring that users you invite comply with these Terms.
4. Subscriptions and fees
• Paid features are billed in advance on a recurring Billing Cycle. Subscriptions renew automatically unless cancelled before the end of the then-current cycle.
• We may modify fees; changes take effect at the end of the then-current Billing Cycle and we will give reasonable prior notice so you can cancel before they apply.
• Fees are exclusive of taxes unless stated otherwise.
5. Your content
You retain all rights in the recordings, media, transcripts and generated outputs you create using the Service ("Content"). You grant us a limited licence to host, process, transmit and display your Content solely to provide the Service.
AI processing
By using the Service to create guides, you acknowledge that your audio, video, transcripts and related Content are transmitted to AI sub-processors to deliver the AI-powered features you request. The current list of sub-processors is published at the published sub-processor list. Clueso does not use your Content to train generalised AI models, and contractually requires the same of its AI sub-processors.
Your responsibilities for recorded content
You represent and warrant that you hold all necessary rights to the Content you record and submit, including rights in any audio, visuals or personal data of third parties visible or audible in your recordings, and that you have obtained any consents required by applicable recording, privacy and data protection law.
6. Customer data and data processing
Where you use the Service to process personal data of your own end users and your use is subject to applicable data protection law, our Data Processing Agreement at Data Processing Agreement applies. Enterprise customers may execute a negotiated DPA. In the event of any conflict between these Terms and an applicable DPA regarding the processing of personal data, the DPA governs.
7. Acceptable use
You may use the Service only for lawful purposes. You agree not to:
• use the Service in any way that violates applicable law or regulation;
• record or submit content you lack the right or consent to record;
• exploit, harm or attempt to exploit or harm minors;
• transmit unsolicited advertising or any material designed to mislead;
• impersonate any person or entity, or misrepresent your affiliation;
• use any robot, spider or automated device to access the Service for an unauthorised purpose, or attempt to circumvent rate limits, quotas or access controls;
• reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
• resell or provide the Service to a third party except as expressly permitted;
• interfere with or disrupt the integrity or performance of the Service.
8. Integrations
The Service may connect to third-party platforms at your direction. Each integration is optional, is authorised by you, and can be revoked by you at any time from your settings or from the third-party platform. Where an integration causes Clueso to publish content into your tenant on another platform, you remain responsible for that content under that platform's terms.
9. Service availability
We aim to make the Service continuously available but do not guarantee uninterrupted access under these Terms. Where you have entered into a Service Level Agreement, that SLA governs availability, planned maintenance and remedies, and prevails over this section. We may modify or discontinue features, giving reasonable notice of material changes that adversely affect paid functionality.
10. Confidentiality
"Confidential Information" means non-public information disclosed by one party to the other in connection with the Service that is designated confidential or that reasonably should be understood to be confidential, including business plans, technical information, customer lists, pricing and credentials. Each party will hold the other's Confidential Information in confidence, use it only to perform its obligations or exercise its rights, and not disclose it without prior written consent. These obligations survive termination for three (3) years.
11. Intellectual property
The Service, and all software, design and content we provide, remain our exclusive property and that of our licensors. Nothing in these Terms transfers ownership of the Service to you. Your Content remains yours.
12. Copyright policy and DMCA notice
We respect the intellectual property rights of others. If you are a copyright owner, or authorised on behalf of one, and you believe content on the Service infringes your copyright, submit your claim to legal@clueso.io with the subject line "Copyright Infringement".
A DMCA notification must be in writing to our Copyright Agent and include:
• an electronic or physical signature of the person authorised to act on behalf of the copyright owner;
• a description of the copyrighted work you claim has been infringed, including the URL where it exists;
• identification of the URL or other specific location on the Service where the allegedly infringing material is located;
• your address, telephone number and email address;
• a statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorised to act on its behalf.
Our Copyright Agent can be contacted at legal@clueso.io.
13. Feedback
If you provide feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use it without obligation or attribution. You will not assert any intellectual property right in feedback against us.
14. Indemnification
You agree to indemnify and hold harmless Desklamp, Inc. and its officers, directors, employees and agents from any costs, liabilities, losses and expenses (including reasonable legal fees) arising from: (i) your breach of these Terms; (ii) your negligence, fraud or wilful misconduct; (iii) your failure to obtain consents required before recording any individual; (iv) any third-party claim that your Content infringes their rights; or (v) your failure to comply with applicable data protection, privacy or recording-consent law.
15. Disclaimers and limitation of liability
The Service is provided "as is" and "as available" without warranties of any kind to the maximum extent permitted by law. To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenues. Our aggregate liability arising out of or relating to these Terms will not exceed the fees you paid in the twelve (12) months preceding the event giving rise to the claim. These limits do not apply to your payment obligations, your indemnity obligations, or either party's liability for fraud, wilful misconduct, or death or personal injury caused by negligence.
16. Termination
You may terminate at any time from your account settings or by contacting support@clueso.io. We may suspend or terminate access for material breach of these Terms, giving notice and a reasonable opportunity to cure where the breach is capable of cure. On termination, you may export your Content for thirty (30) days, after which it is deleted in accordance with our Privacy Policy and any applicable DPA.
17. Dispute resolution and arbitration
Please read this section carefully
It requires you to arbitrate certain disputes with Desklamp, Inc. and limits the manner in which you can seek relief. You may opt out within thirty (30) days of first accepting these Terms — see below.
• Binding arbitration. Except for Disputes in which either party seeks to bring an individual action in small claims court, or seeks injunctive or other equitable relief for alleged unlawful use of intellectual property, you and Desklamp, Inc. agree (a) to waive your and Desklamp, Inc.'s respective rights to have any claims, disputes, suits, actions or demands arising from or related to these Terms or use of the Service ("Disputes") resolved in a court, and (b) to waive your and Desklamp, Inc.'s respective rights to a jury trial. Disputes are resolved through binding arbitration under this section.
• No class actions. Any Dispute is personal and will be resolved solely through individual arbitration. There will be no class arbitration, and no arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group.
• Federal Arbitration Act. The parties agree this agreement affects interstate commerce and that the enforceability of this section is governed substantively and procedurally by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to the maximum extent permitted by applicable law.
• Notice and informal resolution. Before initiating arbitration, each party will notify the other in writing of any Dispute within thirty (30) days and attempt in good faith to resolve it informally for thirty (30) days. Notice to us: legal@clueso.io, or 1111B S Governors Ave #90974, Dover, DE 19904, USA. If the Dispute is not resolved informally within that period, either party may commence arbitration.
• Process. Arbitration is conducted in San Francisco, California by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association then in effect. A Dispute must be commenced within one (1) year of the date it arose, or the claim is permanently barred. The state and federal courts of California have exclusive jurisdiction over appeals and enforcement of any arbitration award.
• Opt-out right. You may opt out of binding arbitration within thirty (30) days of the date you first accept these Terms, by written notice to legal@clueso.io or 1111B S Governors Ave #90974, Dover, DE 19904, USA, with the subject line "Arbitration Opt-Out". If you opt out, Disputes are resolved under Section 18.
• Where an enterprise Master Services Agreement is in place, its dispute-resolution provisions prevail over this section.
18. Governing law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. Each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California for any action not subject to the arbitration provisions in Section 17. Where an enterprise Master Services Agreement is in place, its governing-law provisions prevail over this section.
19. Order of precedence
Applies across the whole agreement
Where there is any inconsistency, the part listed earlier controls: (1) the EEA SCCs or UK Addendum, (2) the Order Form, (3) an applicable DPA module annex, (4) the Service Level Agreement, (5) the Data Processing Agreement, (6) the Master Services Agreement, (7) these Terms of Service.
20. Changes to these terms
We may amend these Terms by posting the amended version and notifying you by email or in-product. Material changes take effect no less than thirty (30) days after notice. Continued use after the effective date constitutes acceptance.
21. Miscellaneous
• Waiver and severability. No waiver by Desklamp, Inc. of any term or condition is a further or continuing waiver of that term or condition. If any provision of these Terms is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining provisions continue in full force and effect.
• Entire agreement. These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Desklamp, Inc. on this subject matter and supersede all prior and contemporaneous agreements, representations and understandings.
• Assignment. You may not assign these Terms or any right or obligation under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force majeure. Neither party is liable for any delay or failure to perform resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, pandemic, internet outages, denial-of-service attacks, or failures of third-party service providers.
22. Contact
Desklamp, Inc. d/b/a Clueso1111B S Governors Ave #90974, Dover, DE 19904, USATel: +1 628 997 7427General: support@clueso.io · Legal: legal@clueso.ioSecurity: security@clueso.ioPrivacy: privacy@clueso.io