These Terms of Service (“Terms”) govern your access to and use of the Cloack platform and related services (the “Service”) operated by Cloack (“we”, “us”, “our”). By creating an account or using the Service you agree to these Terms.
1. Acceptance of terms
By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Acceptable Use Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
2. The Service
Cloack provides marketing attribution, messaging automation, and customer-relationship tooling for businesses that operate outbound and conversational funnels. We may add, modify, or discontinue features at any time. [Placeholder — describe the Service scope precisely.]
3. Accounts and eligibility
You must provide accurate account information and are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must be at least 18 years old and legally able to enter into a contract.
4. Subscriptions, billing, and fees
Paid plans are billed in advance on a recurring basis (monthly or annual) through our payment processor. Fees are non-refundable except where required by law. We may change pricing on notice; changes apply to the next billing cycle. Failure to pay may result in suspension or termination. [Placeholder — align with the billing implementation and Stripe terms.]
5. Acceptable use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated by reference. You are solely responsible for the content you send and the campaigns you run through the Service, including compliance with all laws that apply to your business and your recipients.
6. Customer data and privacy
Our handling of personal data is described in the Privacy Policy. Where we process personal data on your behalf as a processor, the Data Processing Addendum applies.
7. Intellectual property
We retain all rights in the Service. You retain all rights in your content. You grant us a limited licence to host and process your content solely to provide the Service.
8. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
9. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Our aggregate liability is limited to the amounts you paid us in the twelve months preceding the claim. [Placeholder — set a specific cap and carve-outs with counsel.]
10. Termination
You may cancel at any time from your account settings. We may suspend or terminate your access for breach of these Terms or the Acceptable Use Policy. On termination, your right to use the Service ceases and we may delete your data subject to the retention periods described in the Privacy Policy.
11. Governing law and disputes
These Terms are governed by the laws of [JURISDICTION PLACEHOLDER], without regard to conflict-of-laws rules. The courts of [VENUE PLACEHOLDER] have exclusive jurisdiction, subject to any mandatory consumer-protection rights in your country of residence.
12. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified in advance. Continued use after changes take effect constitutes acceptance.