Terms of Service

Last Updated: 04/25/2022

This is an agreement between you and Cloaker Shield. By registering an account or using Cloaker Shield, you agree to be bound by these terms of service (hereinafter referred to as “Terms & Conditions”). This agreement applies to any of the services or applications provided by the Cloaker Shield website and its related cloud services ("Services").

If you do not agree to the Terms & Conditions of this agreement, do not create an account or continue to use any of the Services.

Description

Cloaker Shield is a cloud-based application for analyzing, tracking and filtering website visitors. It is hosted on Cloaker Shield’s servers and made available to clients through the website www.cloaker-shield.com and associated domain names.

Grant of License

(a) Beta/Trial

Cloaker Shield grants to you the non-exclusive, non-transferable right and license, subject to the terms hereof, to access and use, for your own internal business purposes, any licensed services provided via Cloaker Shield’s cloud services. The license granted under section 2(a) shall terminate as set forth in sections 5 and 6 and the access to the services is only provided for the term of the beta/trial program or until Cloaker Shield terminates the program at their discretion.

(b) Full License

Upon your payment of the applicable license fee for Services, Cloaker Shield will grant to you the non-exclusive, non-transferable right and license, subject to the terms hereof, to access and use solely for your own internal business purposes for any services that a license fee is paid for. The license granted under section 2(b) will terminate as set forth in sections 5 and 6. Upon such termination, access to the Services will be terminated.

(c) Accounts

Purchased licenses for services are tied to a single account. Every business/operation must have their own account for private or business usage. Customers of a business shall not be added to that business' account as Cloaker Shield users. Cloaker Shield users created within an agency account should only consist of people who are employees of the business/operation. Failure to follow these guidelines can result in the termination of the account, licenses and/or users.

All rights not expressly granted to you by this Agreement are reserved by Cloaker Shield. Licenses are effective until they expire or are terminated. You may terminate your license(s) at any time by requesting they be terminated and that your Cloaker Shield account be removed.

Services

Provided Services are governed by limits tied to the specific service, such as licenses that have a timespan limit (ie. 1 month) and/or only allow a certain number of usages (ie. 10,000 clicks). Each purchased license will dictate its terms of usage and limitations.

The Services provided will update periodically at Cloaker Shield's discretion, with or without prior notice to users.

Commitments

To afford volume discounts, certain Services have minimum billing commitments. In the event that a recurring payment profile is cancelled prior to the minimum commitment being satisfied, clicks will be retroactively deducted from the account balance.

Copyright

Cloaker Shield retains all title, interest and proprietary rights in and to the Services. You may not copy all or any part of the Services. You shall not remove any copyright or other proprietary notice from the Services and you must reproduce all copyright and other proprietary rights notices on any copy you make.

Restrictions

You shall not: (A) modify, translate, reverse engineer, decompile, or disassemble the Services; (B) directly or indirectly export or re-export the Services; (C) disclose the Services to any third party; or (D) except as otherwise provided herein, assign, sell, lease, rent, sublicense, distribute or otherwise transfer or attempt to transfer the Services. If you have a license to the Services under section 2 above, they are non-transferable.

You shall not misuse Cloaker Shield's website and its Services. You must not use Services to:

  • Probe, scan, or test the vulnerability of any person's system or network;
  • Breach or otherwise circumvent any security or authentication measures;
  • Access, tamper with, or use non-public areas of the Services, shared areas of the Services you have not been invited to, another person's Cloaker Shield account or Cloaker Shield's systems;
  • Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, or spamming any part of the Services;
  • Plant malware or otherwise use the Services to distribute any software, computer code, data or information containing malware, viruses, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment;
  • Access or search the Services by any means other than Cloaker Shield’s publicly supported interfaces (for example, “scraping”);
  • Send unsolicited communications, promotions or advertisements, or spam;
  • Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • Publish anything that is fraudulent, misleading, or infringes another's rights;
  • Promote or advertise products or services other than your own without appropriate authorization;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  • Violate the privacy of others, or defame others;
  • Engage in advertising fraud;

IF YOU FAIL TO COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, SUCH TERMINATION SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO CLOAKER SHIELD.

Termination

In the event of any termination, you will not be entitled to any refunds of any fees. Any outstanding balance for Cloaker Shield use rendered through the date of termination, and other unpaid payment obligations during the remainder of the billing period will be immediately due and payable in full.

Cloaker Shield reserves the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, Cloaker Shield may suspend or terminate your use if you are not complying with these Terms & Conditions; use the Services in any way that would cause legal liability or disrupt others’ use of the Services; or if you have an "inactive" account. An account will be deemed inactive if it is not processing clicks, nor has an active subscription.

Cloaker Shield reserves the right to delete all data, files, or other information that is stored in your account subsequent to termination. You agree that Cloaker Shield may retain chosen data related to your use of Cloaker Shield, except for any personal data.

Data Ownership

Any data created or uploaded shall remain the property of the account owner/licensee of the Services. Cloaker Shield makes no claim to any data or content stored relative to your account(s). Cloaker Shield will use access to your data and usage of Services only for support or system improvement purposes, such as improving performance of provided services, but not for data mining purposes or improvements to other Cloaker Shield products. At no point shall Cloaker Shield share or sell your data or personal information to any other party, unless the Account owner has provided prior consent.

Data Retention

Any data gathered or produced by Services on behalf of account holder, including but not limited to logs and statistics, may be deleted at any time at Cloaker Shield’s sole discretion. Cloaker Shield generally retains clicks data processed on behalf of customers for a maximum of 3 months.

Privacy

We respect your privacy. Please review our Privacy Policy located on the Internet at https://cloakershield.com/privacy for further information.

Data Processing

We are a data processor. Please review our Data Processing Agreement located on the Internet at https://cloakershield.com/dpa for further information.

Infringement

If any of the Services is found to, or if Cloaker Shield believes it may be found to infringe a patent, trademark or copyright or misappropriate a trade secret, Cloaker Shield, at its sole option, may: (a) obtain a license to continue operation of Services; (b) provide a substitute having comparable or better functionality or performance characteristics; or (c) terminate this Agreement and your license to such Services.

Assignment

This Agreement and the rights and obligations of Cloaker Shield hereunder may be assigned by Cloaker Shield at any time without notice to you.

Limited Warranty

Cloaker Shield provides no specific warranty for provided services and they are offered "As IS". Cloaker Shield does not warrant that the functions contained in the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free.

No Other Warranties

EXCEPT AS PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND CLOAKER SHIELD EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY CONCERNING THE SERVICES OR THE APPLICATION, OPERATION OR USE THEREOF, OR THE DATA GENERATED BY THE OPERATION OR USE THEREOF, INCLUDING, ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF MERCHANTABLE QUALITY. NON-INFRINGEMENT OR OF FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, CONCERNING THE SERVICES AND THE ACCOMPANYING WRITTEN MATERIALS AND THE APPLICATION, OPERATION OR USE THEREOF.

Modifications

Cloaker Shield may revise these Terms from time to time and the most current version will always be posted on the Cloaker Shield portal site. You will be notified if a revision, in Cloaker Shield’s sole discretion, is material (for example via email to the email address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must cease using the Services.

Customer Remedies

Cloaker Shield's entire liability and your exclusive remedy for any breach of this Agreement by Cloaker Shield shall be that Cloaker Shield will make reasonable efforts to recover any lost or corrupted content that Cloaker Shield was maintaining. If the content cannot be returned in a suitable form then return of the most recent license fee paid in respect of the Services shall be refunded.

NO LIABILITY FOR DAMAGES

You assume the entire risk as to the quality and performance of the Services. IN NO EVENT SHALL CLOAKER SHIELD HAVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES IN THE FORM OF CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS, LOST DATA, LOSS OF GOODWILL OR OTHERWISE, OR FOR EXEMPLARY DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF CLOAKER SHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLOAKER SHIELD’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE MOST RECENT AMOUNT RECEIVED BY CLOAKER SHIELD FROM YOU FOR SERVICES LICENSED HEREUNDER. YOU ACKNOWLEDGE THAT THE LICENSE FEE HAS BEEN CALCULATED BY CLOAKER SHIELD BASED, IN PART

Entire Agreement

This Agreement is the entire agreement between you and Cloaker Shield regarding the Services, and it supersedes any information you received relating to the Services or the subject matter of this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE LICENSE AGREEMENT AND, BY CREATING AN ACCOUNT AND LOGGING IN TO THE SERVICE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.