Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) are a binding agreement between you and Cloak Software LLC (“Cloak,” “we,” “us”) governing your use of the Cloak applications, the cloak.chat and app.cloak.chat websites, and related services (together, the “Service”). By creating an account, downloading the app, or using the Service, you agree to these Terms and to our Privacy Policy.

If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your country, if higher) to use the Service. If you are under 18, you may only use the Service with the consent of a parent or guardian. By using the Service you represent that you meet these requirements.

3. Accounts and security

Accounts are created in the Cloak app. You are responsible for your login credentials and for all activity under your account. Your encryption keys are generated and stored on your devices. Because of Cloak’s end-to-end encrypted design, we cannot recover your encrypted message history if you lose access to all of your devices and keys.

You are responsible for keeping your password and any two-factor authentication backup codes secure. Notify us promptly at admin@cloak.chat if you believe your account has been compromised.

4. The service and end-to-end encryption

Cloak provides end-to-end encrypted messaging, voice, video, screen sharing, and file storage. Message content, call media, and private file uploads are encrypted on your device before transmission; our servers store and relay ciphertext they cannot read.

Certain data is not end-to-end encrypted by design, such as account metadata (username, email address) and content you choose to upload publicly (for example, public CDN uploads). See the Privacy Policy for details on what we can and cannot see.

5. Acceptable use

You agree not to use the Service to: violate any law; distribute child sexual abuse material, or any content that exploits or endangers minors; engage in harassment, threats, or incitement of violence; distribute malware; infringe intellectual-property rights; send spam or operate unauthorized bots at scale; probe, interfere with, or disrupt the Service or other users’ use of it; or attempt to circumvent encryption, rate limits, or access controls.

We may suspend or terminate accounts that violate these rules. Because content is end-to-end encrypted, enforcement is generally based on user reports, publicly visible content and metadata, and technical abuse signals, not on reading your messages.

6. Your content

You retain all rights to the content you create and share on Cloak. You grant us only the limited, technical license required to operate the Service: storing and transmitting your (encrypted) data, and displaying content you upload publicly. We claim no ownership of your content and do not use your content to train models or sell advertising.

You are solely responsible for the content you share. Room owners and moderators are responsible for moderating their rooms using the tools we provide.

7. Subscriptions and billing

Cloak offers a Free plan and paid subscription plans (currently Basic, Plus, and Pro), billed monthly in U.S. dollars. Current pricing and plan limits are listed at cloak.chat/pricing. Payments are processed by Stripe; Cloak does not store your full card number.

Subscriptions renew automatically each month until canceled. Upgrades take effect immediately and any difference is prorated and charged at the time of the upgrade. Downgrades take effect at the start of your next billing period, with no proration for the current period.

You can cancel at any time from your account page at cloak.chat/account. Cancellation stops future renewals; your paid plan remains active until the end of the current billing period, after which your account moves to the Free plan. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial billing periods.

If a renewal payment fails, we will retry it and notify you. If payment continues to fail, your subscription may be downgraded to the Free plan. Where your usage exceeds Free-plan limits after a downgrade, we may restrict further uploads or paid-tier features; we do not delete your encrypted data as a result of a failed payment.

We may change prices or plan features with at least 30 days’ notice, effective at your next renewal.

8. Plan limits

Each plan includes limits on rooms, encrypted vault storage, upload sizes, and streaming capabilities, as described on the pricing page. We may enforce these limits technically. We may adjust Free-plan limits with reasonable notice.

9. Software license

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the Cloak applications for accessing the Service. You may not copy, modify, sell, or distribute the applications, or reverse engineer them except to the extent permitted by applicable law.

“Cloak,” the Cloak logo, and related marks are trademarks of Cloak Software LLC.

10. Third-party services

The Service depends on third-party providers, including Stripe (payments), Resend (transactional email), and infrastructure hosting providers. Their processing of your data is described in our Privacy Policy. We are not responsible for third-party websites linked from the Service.

11. Termination

You may stop using the Service or delete your account at any time from within the app. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the Service (in which case we will give reasonable notice where practicable). Sections that by their nature should survive termination (including 6, 12, 13, and 14) survive.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR PERFECTLY SECURE. NO SECURITY SYSTEM IS INVULNERABLE; YOU USE THE SERVICE AT YOUR OWN RISK.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOAK SOFTWARE LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF $50 OR THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

Some jurisdictions do not allow certain limitations; in those jurisdictions, these limits apply to the fullest extent permitted.

14. Indemnification

You agree to indemnify and hold harmless Cloak Software LLC and its officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your content, your use of the Service, or your violation of these Terms.

15. Governing law and disputes

These Terms are governed by the laws of the United States and the state in which Cloak Software LLC is organized, without regard to conflict-of-law rules. Disputes will be resolved in the courts located in that state, and you consent to their jurisdiction. You and Cloak each waive any right to a jury trial and agree claims may only be brought individually, not as part of a class action, to the extent permitted by law.

16. Changes to these terms

We may update these Terms from time to time. For material changes we will give notice (for example, by email or in-app notice) at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Contact

Cloak Software LLC, admin@cloak.chat. We’re happy to answer questions about these Terms.