1. Who we are
The service branded Cloak Proxy and offered at cloakproxy.com and related domains (the “Service”) is operated by the legal entity or sole trader identified in your client dashboard or other account documentation, trading as Cloak Proxy (“we”, “us”, “our”). Notices under these terms: sales@cloakproxy.com with subject line “Legal — Terms”.
2. Eligibility and authority
You must be at least 18 years old and have legal capacity to contract. If you use the Service on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and “you” includes the organisation.
3. Description of the service
We provide metered access to a residential proxy network for routing application traffic over the public internet. Features (including protocols, ports, geo routing, sticky sessions, dashboards, and metering) are provided as described on the website and in your client dashboard at the time of use. We do not warrant that any particular country, city, ASN, IP range, latency, throughput, or session behaviour will be available at all times. Pool composition and routing may change without notice.
The Service is infrastructure only. You determine how it is used and bear sole responsibility for compliance with applicable laws, third-party terms, licences, and intellectual-property rights. We disclaim responsibility for outcomes, business decisions, or third-party, regulatory, or data-subject claims arising from your use.
4. Accounts, credentials, and security
You must provide accurate registration information and keep it current. Credentials (including usernames, passwords, and proxy auth strings) are confidential. You are responsible for all activity under your account unless you prove unauthorised access resulted solely from our gross negligence. Notify us promptly at sales@cloakproxy.com if you suspect compromise.
5. Credits, balances, and our payment obligations
Metering, balances, promotional allocations, and similar fields displayed in the Service quantify permitted consumption and are subject to our measurement systems. Nothing in these Terms obliges us to pay you money or to convert any balance, credit, or allocation into cash, cryptocurrency, or any other medium of value.
Where you use a third-party checkout or wallet flow, the relationship for that flow is primarily between you and that third party to the extent applicable. These Terms do not create a duty for us to reverse, refund, recover, or intermediate funds on your behalf.
No monetary obligation to you. To the maximum extent permitted by applicable law, we do not agree to pay you refunds, rebates, damages, compensation, interest, or any other sums arising from the Service or these Terms, except to the minimum extent a final court judgment binding on us or non-waivable mandatory consumer protection law in your country of residence expressly requires a specific payment that cannot lawfully be disclaimed.
6. Acceptable use
Our Acceptable use policy is incorporated into these terms by reference. A breach of that policy is a breach of these terms. We may investigate, throttle, suspend, or terminate access, and may preserve and disclose information where required by law or to protect rights and safety.
7. Service levels
Unless expressly agreed in a written SLA executed by us, we make no commitment as to uptime, latency, throughput, error rates, or geographic or ASN availability. Public-facing descriptions and documentation are not performance warranties.
8. Suspension, termination, suspicion, and forfeiture
We may suspend, throttle, restrict, or terminate the Service or your account immediately and without prior notice if we reasonably suspect—including on the basis of automated signals, complaints, volume patterns, payment-channel flags, sanctions screening, or other heuristics—that you or your account may breach these terms, the acceptable use policy, applicable law, or policies of upstream providers, or that continued provision could expose us or third parties to legal, regulatory, financial, security, or reputational risk. We are not required to prove wrongdoing to a court standard, to complete a full investigation before acting, or to disclose our internal evidence to you.
Abuse-related enforcement. Where we act (or have acted) in connection with abuse prevention, enforcement of the Acceptable use policy, or mitigation of material risk described in this Section, you acknowledge that we may terminate or permanently disable your account. To the maximum extent permitted by applicable law, you agree that you will not assert or pursue any contractual, statutory, or equitable claim, remedy, set-off, chargeback, or entitlement against us arising from or connected with such action (including demands for reinstatement, service credits, damages, or compensation), and that no refunds will be issued for unused balance, prepaid amounts, traffic allocations, or similar entitlements in those circumstances, except to the minimum extent non-waivable mandatory consumer protection law in your country of residence expressly requires otherwise. Account registration may require a separate electronic confirmation of this subsection.
On any suspension or termination (whether or not fault is established, and including outages, policy changes, or events outside our control), any unused balance, prepaid or promotional traffic allocation, trial credit, or similar entitlement is void and forfeited at our sole discretion, and you have no entitlement to cash value, transfer, substitution, restoration, conversion, or offset. We may retain amounts already received with no obligation to return or account for them to you, except to the minimum extent non-waivable law requires.
We are not liable to you for any loss arising from suspension, termination, or forfeiture, subject to Section 14.
You may stop using the Service at any time; that does not entitle you to any payment from us. Provisions that by their nature should survive (including your indemnities and other obligations to us, disclaimers, limitations, and governing law) survive.
9. Intellectual property
We retain all rights in the Service, software, branding, and documentation. Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes. You may not reverse engineer except where statute permits, scrape our dashboard in violation of our technical controls, or remove proprietary notices.
10. Your instructions and traffic
Traffic you send through the Service is yours. You warrant that you have all rights and consents needed to route that traffic through us. You grant us permission to host, process, transmit, and display such content and metadata only as reasonably necessary to provide and secure the Service and comply with law.
You acknowledge that misuse of proxy infrastructure can create disproportionate regulatory, criminal, and reputational exposure for network operators, and that your strict compliance with these terms and the Acceptable use policy is a material inducement for us to provide the Service.
11. Protective covenants, release, and assumption of risk
You covenant that you will not use, permit, or facilitate use of the Service in any manner reasonably likely to expose us, our affiliates, service providers, contractors, directors, officers, employees, or representatives to financial loss, penalties, fines, regulatory or law-enforcement action, brand or reputational harm, increased compliance or insurance cost, operational disruption caused by credible abuse complaints, or civil or criminal liability (collectively, “Operator harm”). You will cooperate in good faith with any reasonable request we make to mitigate Operator harm, including by providing information and ceasing specific traffic patterns on request where technically feasible.
Assumption of risk. You voluntarily assume all risks arising from or connected with your use of the Service, including risks relating to third-party sites, APIs, targets of your traffic, blocking, rate limits, data accuracy, network behaviour, and any business or technical decisions you make using the Service.
Release. To the fullest extent permitted by applicable law, you irrevocably release and discharge us and our affiliates, service providers, contractors, and personnel from any and all claims, demands, actions, causes of action, liabilities, and obligations (whether known or unknown, suspected or unsuspected) arising out of or in any way connected with your access to or use of the Service, your inability to use the Service, or any traffic or data you send, receive, or process in connection with the Service. Nothing in this release limits non-waivable statutory rights that apply to you as a consumer where mandatory law prohibits such a release.
No fiduciary or advisory relationship. Nothing in these terms creates a fiduciary, trustee, partnership, agency, or advisory relationship. We do not owe you any duty of care beyond the express obligations in these terms.
12. Third parties
The Service may interoperate with third-party sites, APIs, checkout or wallet providers, analytics, and support tools. We do not control and are not responsible for third-party services. Links are not endorsements.
13. Disclaimers
To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. We disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure in all circumstances, or free of harmful components.
We have no obligation to monitor, screen, or approve your traffic or destinations. If we apply technical controls (including filtering, rate limits, or abuse mitigation), we do so for operational or policy reasons without accepting responsibility for the legality, quality, or outcomes of your use.
14. Limitation of liability
To the maximum extent permitted by applicable law:
- We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, or business opportunities, even if advised of the possibility.
- We are not liable for any loss or damage arising from the internet, upstream networks, destination systems, your software or configuration, your end users, checkout or wallet providers, blockchain networks, or any force outside our reasonable control.
- No monetary liability to you. To the maximum extent permitted by applicable law, our aggregate monetary liability to you arising out of or relating to the Service or these terms is zero United States dollars (USD 0). We do not agree to pay you refunds, rebates, damages, compensation, or other sums except to the minimum extent a final court judgment binding on us or non-waivable mandatory consumer protection law in your country of residence expressly requires a specific payment that cannot lawfully be disclaimed.
Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent still lawful.
15. Indemnity
You will defend, indemnify, and hold harmless Cloak Proxy and its operators, affiliates, service providers, contractors, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and regulatory defence costs) arising out of or related to: (a) your use of the Service or any traffic you route through it; (b) your breach of these terms, the Acceptable use policy, or applicable law; (c) disputes between you and any third party (including copyright holders, platforms, regulators, data subjects, or individuals) concerning traffic, data, or outcomes connected to your use; (d) infringement or misappropriation of third-party rights by your content or conduct; (e) subpoenas, court orders, regulatory inquiries, or investigations directed at us to the extent they relate to your account or traffic; (f) taxes, withholdings, or employer obligations attributable to you; or (g) any allegation that your use caused harm to a third party or to us. Any amount we are required to pay to a third party solely on account of your conduct shall be recoverable from you under this indemnity to the fullest extent permitted by law.
We may assume exclusive defence and control of any matter subject to indemnification at your expense; you will cooperate fully. You will not settle any claim in our name without our prior written consent.
16. Amendments
We may amend these terms by posting a revised version and updating the effective date. Material amendments will, where practicable, be notified through the Service. Continued use after the effective date constitutes acceptance. If you do not accept an amendment, discontinue use before it takes effect.
17. Governing law and disputes
Except where mandatory consumer protection laws in your country of residence give you non-waivable rights, these terms and any dispute or claim arising out of or in connection with them or the Service are governed by the laws of England and Wales, without regard to conflict-of-law rules that would apply another jurisdiction’s laws.
Subject to mandatory provisions, the courts located in England and Wales have exclusive jurisdiction. Nothing limits our right to seek injunctive or equitable relief in any competent court.
A written agreement executed on behalf of your organisation and expressly designated as prevailing over these terms controls in the event of a direct conflict.
18. General
- Entire agreement. These terms, together with the policies they reference, are the entire agreement regarding the Service and supersede prior oral or written understandings on the same subject.
- Assignment. You may not assign these terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- No waiver. Failure to enforce a provision is not a waiver.
- Severability. If a provision is invalid or unenforceable, the remainder remains in effect.
- Independent contractors. No agency, partnership, or joint venture is created.
- Export. You comply with applicable export control and sanctions laws.
- Individual basis. To the fullest extent permitted by applicable law, you agree to bring claims only in your individual capacity, and waive any right to participate as a plaintiff or class member in a class, collective, or representative action. This subsection does not apply where prohibited by the law of your domicile.
- Electronic records. You consent to receive notices and agreements electronically via the website, dashboard, or email address on your account.