Terms of Service
Please read these terms carefully before using our service.
1. Agreement to Terms
By accessing or using Cloaxr ("Service"), operated by Cloaxr ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 16 years old and have the legal capacity to enter into these Terms.
2. Description of Service
Cloaxr provides a web-based tool for detecting potential cloaking and speed optimization scams on websites. Our Service includes:
Important: The Service is provided "as is" and is intended for informational and educational purposes only. Results should be verified independently before taking any action.
3. Acceptable Use Policy
You agree not to use the Service to:
4. User Responsibilities
You are responsible for:
5. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of Cloaxr and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
You retain all rights to the URLs you submit for scanning. By using the Service, you grant us a limited, non-exclusive license to access and analyze the submitted URLs solely for the purpose of providing the Service.
6. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at /privacy to understand our practices regarding the collection and use of your information.
7. Disclaimers and Limitations
7.1 No Warranty
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
7.2 Accuracy of Results
We do not warrant that:
7.3 Professional Advice
The Service does not constitute professional security, legal, or technical advice. Always consult with qualified professionals before making decisions based on scan results.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLOAXR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
Our total liability for all claims arising out of or relating to these Terms or the Service shall not exceed $100 USD.
9. Indemnification
You agree to defend, indemnify, and hold harmless Cloaxr and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
10. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Reasons for termination may include:
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting a notice on our Service. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
12. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any disputes arising from these Terms or the Service shall be resolved exclusively in the courts located in San Francisco County, California, and you consent to personal jurisdiction in these courts.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
14. Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign our rights and obligations under these Terms without your consent to any affiliate or in connection with a merger, acquisition, or sale of assets.
15. Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
16. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond our reasonable control, provided that we promptly notify you and use best efforts to remedy the situation.
17. Contact Information
If you have any questions about these Terms, please contact us at:
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.