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Clutch

Terms of Service

Last updated: November 29, 2025

1. Agreement to Terms

Welcome to Clutch. These Terms of Service ("Terms") govern your access to and use of Clutch's membership management and customer retention platform for auto detailing shops ("Service"), operated by Clutch, Inc. ("Clutch," "we," "our," or "us").

By creating an account or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Description of Service

Clutch provides a software platform that enables auto detailing shops to:

  • Manage customer memberships and subscriptions
  • Send automated SMS messages for reminders, confirmations, and promotions
  • Process recurring payments through Stripe integration
  • Sync with Google Calendar for scheduling and availability
  • Track customer interactions and retention metrics
  • Fill slow days with automated outreach (Quick Fill feature)
  • Re-engage inactive customers (Revival feature)

3. Account Registration

To use Clutch, you must:

  • Provide accurate, complete, and current information during registration
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized access or security breaches
  • Be at least 18 years old and legally able to enter into contracts
  • Operate a legitimate auto detailing or related automotive service business

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Payment

4.1 Free Trial

New accounts receive a 14-day free trial. No credit card is required to start. At the end of your trial, you must subscribe to continue using the Service.

4.2 Subscription Plans

Subscription fees are billed monthly in advance. All fees are non-refundable except as expressly stated in these Terms or required by law.

4.3 Payment Processing

Payments are processed through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis. You are responsible for keeping payment information current.

4.4 Price Changes

We may change subscription prices with 30 days' notice. Price changes will take effect at your next billing cycle after the notice period.

5. SMS Messaging Terms

By using our SMS features, you agree to:

  • Compliance: Comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and carrier requirements
  • Consent: Obtain proper consent from recipients before sending messages through our platform
  • Content: Not send messages containing illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
  • Opt-Outs: Honor opt-out requests immediately and maintain do-not-contact lists
  • Identification: Clearly identify your business in all messages
  • Frequency: Not send excessive messages that could be considered spam

Important: You are solely responsible for ensuring compliance with SMS marketing laws. Clutch provides tools to help with compliance but does not guarantee legal compliance. Consult with legal counsel for specific requirements.

6. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Violate the privacy or intellectual property rights of others
  • Transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use the Service to send spam or unsolicited messages
  • Resell, sublicense, or provide the Service to third parties without authorization
  • Remove or alter any proprietary notices or labels
  • Use automated means to access the Service without our permission
  • Impersonate any person or entity

7. Your Data

7.1 Ownership

You retain ownership of all data you input into the Service ("Your Data"). This includes customer information, message content, and business data.

7.2 License to Clutch

You grant Clutch a limited license to use, process, and store Your Data solely to provide and improve the Service. We will not sell Your Data to third parties.

7.3 Data Accuracy

You are responsible for the accuracy of Your Data. Clutch is not liable for any issues arising from inaccurate or incomplete data you provide.

7.4 Data Export

You may export Your Data at any time during your subscription. Upon account termination, you have 30 days to request a data export before deletion.

8. Third-Party Integrations

The Service integrates with third-party services including Stripe, Twilio, and Google. Your use of these integrations is subject to their respective terms of service:

  • Stripe: Payment processing is subject to Stripe's terms and connected account agreement
  • Twilio: SMS services are subject to Twilio's acceptable use policy
  • Google: Calendar integration is subject to Google's terms of service

Clutch is not responsible for the availability, functionality, or terms of third-party services.

9. Intellectual Property

The Service, including its design, features, content, and underlying technology, is owned by Clutch and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service during your subscription.

"Clutch" and our logo are trademarks of Clutch, Inc. You may not use our trademarks without prior written consent.

10. Disclaimer of Warranties

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

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not guarantee any specific results from using the Service.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLUTCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO CLUTCH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Clutch and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including privacy or intellectual property rights; or (d) any content you submit through the Service.

13. Termination

13.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

13.2 Termination by Clutch

We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees, or for any other reason at our discretion with reasonable notice.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You remain responsible for any outstanding fees. Sections that by their nature should survive termination will survive.

14. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall take place in [Your State], and the decision shall be final and binding.

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Clutch regarding the Service.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

15.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

17. Contact Us

If you have questions about these Terms, please contact us:

  • Email: legal@clutch.io
  • Address: Clutch, Inc.