Legal
Terms of Service
Effective Date: 30 December 2024. By using Clutch, you agree to these terms. (Here's some Beethoven while you read).
1. Description of Services
Welcome to Clutch. These Terms of Service ("Terms") govern your access to and use of the Clutch mobile application ("App"), website, and related services (collectively, the "Services") provided by Clutch Ltd ("Clutch", "we", "us", or "our").
Clutch provides an AI-powered driving instruction platform designed to assist learner drivers and driving instructors. Our Services include real-time driving session monitoring and analysis, AI-generated coaching feedback on driving behaviours, progress tracking and session history, instructor tools for student management, and personalised improvement recommendations.
2. Eligibility and Account Registration
You must be at least 16 years of age (or the minimum age to hold a provisional driving licence in your jurisdiction) to use our Services. If you are under 18, you represent that you have obtained parental or guardian consent to use the Services.
Account Creation
To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
By downloading, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
3. Important Safety Disclaimers
Critical Safety Notice
Clutch is a supplementary educational tool and is NOT a replacement for professional driving instruction, qualified supervision, or official driver training programmes. The driver remains solely responsible for the safe operation of the vehicle at all times.
Clutch's AI feedback and analysis should never distract from safe driving practices. Learner drivers must always be accompanied by a qualified supervising driver as required by law. The App must be securely mounted and should not be handled while driving.
No Guarantee of Results
Clutch does not guarantee that use of the Services will result in passing your driving test or improve your driving abilities. Results vary based on individual circumstances, practice, and adherence to recommended techniques.
The accuracy of our AI analysis depends on various factors including device positioning, lighting conditions, environmental factors, and sensor calibration. Our Services may not detect all driving behaviours or hazards, and you should not rely solely on Clutch for safety-critical decisions.
Technical Limitations
Audio feedback should be set at an appropriate volume that does not impair your ability to hear traffic or emergency vehicles.
4. Data Collection and Privacy
To provide our Services, we collect and process various types of data including camera data (video footage for head tracking, eye tracking, and facial analysis), sensor data (accelerometer, gyroscope, and GPS data), session data (recordings, scores, timestamps, and AI-generated feedback), account data (name, email, profile information), and device data (device type, operating system, and app usage analytics).
Your data is used to provide real-time driving analysis and AI coaching feedback, track your learning progress and generate improvement recommendations, enable instructors to review student sessions, improve our AI models and Services, and comply with legal obligations.
Session video clips are processed on-device where possible and only summary data is stored on our servers. You may request deletion of your personal data at any time by contacting us or through your account settings. Full details are provided in our Privacy Policy.
5. User Conduct
Prohibited Activities
You agree not to use the Services while driving without a qualified supervising driver (for learner drivers), interact with the App in any way that distracts from safe driving, or attempt to circumvent, disable, or interfere with security-related features.
Additional Restrictions
You agree not to reverse engineer, decompile, or disassemble any part of the Services, use the Services for any unlawful purpose or in violation of traffic laws, share your account credentials with third parties, or upload false, misleading, or inappropriate content.
6. Instructor-Specific Terms
Professional Requirements
If you register as a driving instructor, you additionally agree to hold all required licences and certifications to provide driving instruction in your jurisdiction, maintain appropriate professional liability insurance, and handle student data in accordance with applicable data protection laws.
Compliance
Instructors must not misrepresent their qualifications or the capabilities of the Clutch platform and must comply with all applicable laws and regulations governing driving instruction.
7. Subscription and Payment Terms
Subscription Plans
Clutch offers various subscription plans with different features and pricing. Details of current plans are available in the App and on our website. Prices are subject to change with reasonable notice.
Billing and Renewal
Subscriptions automatically renew unless cancelled before the end of the current billing period. You may cancel your subscription at any time through your account settings or by contacting support.
Refunds
Refund requests are handled in accordance with applicable consumer protection laws and platform-specific policies (Apple App Store, Google Play Store). Please refer to our Refund Policy for details.
8. Intellectual Property
All intellectual property rights in the Services, including but not limited to the App, AI models, algorithms, software, design, logos, and content, are owned by or licensed to Clutch.
You are granted a limited, non-exclusive, non-transferable licence to use the Services for personal, non-commercial purposes in accordance with these Terms.
9. Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DISCLAIM ALL WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY AI-GENERATED FEEDBACK OR ANALYSIS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLUTCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, OR ANY CLAIMS ARISING FROM ROAD TRAFFIC INCIDENTS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Clutch, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.
11. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, upon notice to you. You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Services ceases immediately, and we may delete your account data in accordance with our data retention policies.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified via email or in-App notification at least 30 days before taking effect. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.
13. Governing Law and Disputes
These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales, without prejudice to your statutory consumer rights.
14. Contact Information
If you have any questions about these Terms, please contact us:
Clutch Ltd
Email: legal@learnwithclutch.com • Website: www.learnwithclutch.com • Support: support@learnwithclutch.com
By using Clutch, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.