Terms of service

These terms are a contract between [Company name] Ltd, a company registered in England and Wales, company number [number], registered office [address] (“Klusko”, “we”, “us”), and the business, charity or other organisation that opens a Klusko account (“you”, “the customer”).

They cover the Klusko web app at app.klusko.com, the iPhone app while it’s in testing and when it’s released, and any support we give. By creating an account, or by continuing to use Klusko after we’ve told you about a change, you accept them on behalf of your organisation.

1. Who can use Klusko

Klusko is for organisations only. You must be using it for a business, a charity or another organisation, and not as a consumer for personal or household purposes. If you’re not acting for an organisation, please don’t sign up.

The person who opens the account must be 18 or over and must have authority to accept these terms for the organisation. Everyone else invited to the account must also be 18 or over.

Because you’re not a consumer, consumer protection rules that only apply to consumers (such as the Consumer Rights Act 2015 and the 14-day cancellation right) don’t apply to this contract.

2. Your account and your Admins

The first person to create the account becomes its Admin. Admins can invite people, change roles and remove people, and can ask us to close the account by email. There are two roles, Admin and Member, and people can also be Guests:

• Admin: manages the account, people and settings
• Member: uses the workspaces and projects they have access to
• Guest: someone added to a project without being added to its workspace. A Guest sees the projects they’ve been added to and the company’s public channels, and can be added to private channels or direct messages

You’re responsible for the people you invite and for what they do in Klusko, as if they were you. That includes Guests from outside your organisation. Please make sure they know about these terms and the acceptable use rules in section 7.

Keep sign-in details private, and don’t share one login between several people. If you think someone has got into your account without permission, change the password and email security@klusko.com straight away.

We’ll treat instructions from an Admin as instructions from you.

3. Early access

Klusko is in early access. Right now every plan is free, because billing hasn’t launched yet.

During early access, Klusko is provided as is. We’re still building it, so features may change, move between plans or be removed, and there may be bugs. We’ll tell you before we remove a feature you’re likely to rely on, where we can.

The iPhone app is in testing and isn’t on the App Store yet. Test builds are provided on the same as-is basis.

4. Paid plans and billing

When billing launches, these rules will apply:

• Prices are per person per month and exclude VAT, which we’ll add at the applicable rate.
• You can pay yearly or monthly. Fees are billed in advance for each billing period.
• Current prices are on our pricing page.
• We’ll give at least 30 days’ notice before we charge anything for the first time, and at least 30 days’ notice of any price change. A price change applies from your next billing period after the notice ends.
• Nobody gets moved to a paid plan without choosing it. If you stay on the Free plan, you won’t be charged.
• If you add people part-way through a billing period, we’ll charge for them on a pro rata basis for the rest of that period.

If a payment fails, we’ll tell the account’s Admins and give you at least 14 days to fix it. If it’s still unpaid after that, we may move the account to the Free plan or suspend it under section 10.

When you cancel a paid plan, it keeps running until the end of the period you’ve paid for. Unless we agree otherwise or the law requires it, we don’t refund part-used periods. The exception is in section 16: if you close your account because you don’t accept a material change to these terms, we’ll refund the unused part of any fees you’ve paid in advance.

5. Your content

Your content is everything you and your people put into Klusko: tasks, comments, chat messages, files, project names, and the names and email addresses of the people you invite.

You own your content. We don’t claim any rights in it.

You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit and display your content, only as far as we need to in order to run Klusko for you, keep it secure, back it up and give you support. The licence ends when your content is deleted under section 11.

We don’t use your content to train AI models, and we don’t use it for advertising.

You’re responsible for your content. You confirm that you have the right to put it into Klusko and to let us handle it under these terms, and that doing so doesn’t break the law or anyone else’s rights.

We handle any personal data in your content as your processor, under our data processing terms. Those terms form part of this contract. Our privacy policy explains how we handle the personal data we control ourselves, such as account and billing details.

6. Feedback

If you send us suggestions or feedback about Klusko, we can use them to improve the product without owing you anything. We won’t name you or your organisation publicly without your permission.

7. Acceptable use

You and everyone on your account must not use Klusko to:

• store or share anything illegal, or break any law
• send spam or unsolicited bulk messages
• upload malware, viruses or anything designed to cause harm
• harass, threaten or abuse anyone
• infringe anyone’s intellectual property or privacy
• try to get into accounts, data or systems you’re not allowed to access, or test, probe or get round our security (if you’ve found a security problem, please report it to security@klusko.com instead)
• overload or disrupt the service, for example with automated scripts that send large volumes of requests
• copy, reverse engineer or rebuild Klusko, except where the law gives you a right to that can’t be excluded
• resell, rent out or give access to Klusko to other organisations as a service, unless we’ve agreed to it in writing

If we become aware of content that breaks these rules, we may remove it or restrict access to it, and we’ll tell your Admins unless the law stops us.

8. What we provide

We’ll provide Klusko with reasonable skill and care, and use reasonable efforts to keep it available and working.

During early access we don’t guarantee any particular uptime. There will sometimes be planned maintenance, and we’ll try to schedule it outside UK working hours and warn you if it’s likely to be noticeable. Unplanned outages can happen too.

We back up your data, but Klusko isn’t a backup service. If your content matters, keep your own copies of anything you can’t afford to lose.

Support is by email at hello@klusko.com. Business plan customers will get priority support, with a reply within 4 working hours, once paid plans launch.

We use other companies to run parts of Klusko. They’re listed on our subprocessors page.

9. Intellectual property

We, or the people we license from, own Klusko: the software, design, name, logo and documentation. These terms don’t transfer any of it to you.

While your account is open and you follow these terms, we give you and your people a non-exclusive, non-transferable right to use Klusko for your organisation’s internal business purposes.

10. Suspension

We may suspend all or part of your account if:

• you or someone on your account seriously breaches these terms, including the acceptable use rules
• fees remain unpaid after the notice period in section 4
• we reasonably need to, to protect Klusko, other customers or anyone else from a security threat or harm
• the law or a regulator requires it

Where we can, we’ll tell your Admins first and give you a chance to put things right. If the risk is urgent, we may suspend first and tell you straight afterwards. We’ll lift a suspension once the reason for it has been dealt with.

11. Cancelling and closing your account

You can cancel at any time. An Admin can ask us to close the account by emailing hello@klusko.com from the Admin’s address.

Before the account closes, you can ask us for a copy of your data. Tell us what you need when you ask us to close the account, and we’ll help you get a copy before anything is deleted.

We can end this contract:

• with at least 30 days’ notice, for any reason
• straight away, by notice, if you seriously breach these terms and don’t fix the breach within 14 days of us asking you to (or the breach can’t be fixed)
• straight away, by notice, if you become insolvent or stop trading

If we end the contract for any reason other than your breach, we’ll refund the unused part of any fees you’ve paid in advance.

After an account is closed, we delete your workspace content within 30 days, and it rotates out of our backups within 90 days. We may keep a minimal record of the account, such as invoices, for up to 6 years where we need it for tax or legal claims.

Sections 5 (for the part about responsibility for content), 9, 12, 13, 14, 18 and 19 continue after the contract ends.

12. Confidentiality

Each of us may see the other’s confidential information: for you, that includes your content; for us, it includes anything non-public about how Klusko works, our plans and our prices before we publish them.

Each of us will keep the other’s confidential information confidential, use it only for this contract and share it only with staff, advisers and subcontractors who need it and are bound by similar duties.

This doesn’t cover information that is already public (other than through a breach of this section), that the receiving party already had or developed independently, or that it receives from someone else who’s free to share it. Either of us may disclose confidential information if the law, a court or a regulator requires it, and will tell the other first if allowed.

13. Liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that can’t be limited or excluded under the law of England and Wales.

Subject to that, our total liability to you for all claims arising under or in connection with these terms, whether in contract, tort (including negligence) or otherwise, is limited to the greater of:

• the fees you paid us in the 12 months before the event giving rise to the claim, or
• £100

We’re not liable for:

• indirect or consequential losses
• loss of profits, revenue, business, goodwill or expected savings, whether direct or indirect
• loss or corruption of data, beyond using reasonable efforts to restore it from our most recent backup

These limits reflect how Klusko is priced. It’s free during early access, and paid plans cost a few pounds per person per month. At those prices we can’t take on unlimited risk for every business that uses it, and you’re in a better position to judge and insure against the effect on your business if Klusko is unavailable or data is lost. We think that’s a fair allocation of risk between businesses, and we’ve set these limits with the reasonableness test in the Unfair Contract Terms Act 1977 in mind.

Except as set out in these terms, we don’t give any warranties or make any promises about Klusko, including that it will be uninterrupted, error-free or suitable for a particular purpose, to the extent the law allows us to exclude them.

14. Your indemnity

You’ll compensate us for any losses, damages, costs (including reasonable legal fees) and liabilities we suffer because of a claim by a third party that your content, or the way you or your people use Klusko in breach of these terms, breaks the law or infringes their rights.

We’ll tell you about any such claim promptly, let you control the defence where that’s reasonable, and give you reasonable help at your cost. We won’t settle a claim in your name without your agreement.

15. Events outside our control

We’re not responsible for delays or failures caused by events outside our reasonable control, such as a failure at a hosting or network provider, a power cut, a cyber attack we couldn’t reasonably have prevented, fire, flood or government action. We’ll tell you as soon as we can and do what’s reasonable to limit the effect.

16. Changes to these terms

We may update these terms, for example when paid plans launch or when we add features.

For a material change, we’ll give at least 30 days’ notice by email to your Admins and on this page before it takes effect. If you don’t accept the change, you can close your account before it takes effect, and we’ll refund the unused part of any fees you’ve paid in advance. If you keep using Klusko after that date, the new terms apply.

For changes that aren’t material, such as fixing a typo or making wording clearer, or where the law requires a change sooner, we may update this page straight away.

17. Notices

We’ll send notices about your account to the email address of the account’s Admins, and they count as received when sent unless we get a bounce.

You can send notices to us by email at hello@klusko.com (or privacy@klusko.com for data protection matters, and security@klusko.com for security issues). Formal legal notices can also go by post to our registered office: [Company name] Ltd, [address].

18. General

Entire agreement. These terms, the data processing terms and any order form or written plan details we agree with you are the whole agreement between us about Klusko. They replace any earlier discussions. Neither of us is relying on any statement that isn’t in them, but this doesn’t limit liability for fraud.

Order of precedence. If these terms and the data processing terms conflict on anything about personal data in your content, the data processing terms win.

Transfer. You can’t transfer this contract to someone else without our written agreement. We may transfer it to a company that takes over Klusko, and we’ll tell you if we do.

Third parties. Nobody other than you and us has any right to enforce these terms. The Contracts (Rights of Third Parties) Act 1999 doesn’t apply.

Severability. If a court decides that part of these terms is invalid or unenforceable, the rest stays in force. The affected part will apply with the smallest change needed to make it valid.

No waiver. If either of us doesn’t enforce a right straight away, that doesn’t mean we’ve given it up.

19. Governing law and courts

These terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.

Before going to court, please raise the problem with us at hello@klusko.com. Most things are easier to sort out by email.

20. Contact

• General questions and legal notices: hello@klusko.com
• Privacy and data protection: privacy@klusko.com
• Security: security@klusko.com

[Company name] Ltd, registered in England and Wales, company number [number], registered office [address].