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Terms of Service

Last Updated: March 6, 2025

1. Scope

Cloaked Technologies, Inc. ("Cloaked", "we", "us") offers services through clkd.xyz, app.clkd.xyz, recovery.clkd.xyz, api.clkd.xyz, clkd.id, and related domains. By accessing or using any Cloaked service, you agree to be bound by these Terms. If you do not agree, you must stop using the services immediately.

2. Services

Cloaked provides a non-custodial wallet application and developer infrastructure for stealth address payments on supported EVM-compatible networks. Our services include:

  • Sending and receiving tokens via stealth addresses
  • Stealth address generation, scanning, and balance tracking
  • Passkey-based (WebAuthn / PRF) and PIN-based authentication
  • Token swaps via third-party protocols (e.g. Uniswap)
  • ENS subdomain registration and management
  • Encrypted backup generation
  • Developer APIs and SDKs for stealth address integration

Your funds and access keys are self-custodial — only you can access and control them. Automated or bot-driven account creation is prohibited. You are responsible for securing your account credentials and all activity conducted through your account. You must be at least 18 years old to use the services.

3. Rights and Obligations of Cloaked

We provide the services using reasonable care and skill and maintain our infrastructure free from known malicious software. We perform regular maintenance but do not guarantee that the services are error-free or available without interruption.

We may suspend or restrict access to specific accounts if we reasonably suspect illegal or fraudulent activity, or if required by applicable law. Because we do not collect personally identifiable information, restrictions apply to accounts, not individuals.

We reserve the right to modify these Terms and the services. Where reasonably possible, we will notify you of material changes before they take effect.

Cloaked explicitly does not:
  • Offer custody of your funds or access to your private keys
  • Provide key recovery services (recovery is your responsibility via your backup)
  • Verify, endorse, or guarantee any transaction
  • Provide financial, investment, accounting, tax, or legal advice
  • Engage in regulated financial activities

4. Rights and Obligations of the User

You must comply with all applicable laws and regulations when using the services. You may not:

  • Circumvent or attempt to bypass any security or access controls
  • Use the services for any unlawful purpose, including money laundering, terrorist financing, or sanctions evasion
  • Access the services via automated systems, bots, or scrapers without our written permission
  • Reverse engineer, decompile, or derive the source code of any proprietary part of the services
  • Engage in data mining or data harvesting of non-public service data
  • Sublicense, resell, or redistribute the services without written permission
  • Interfere with the services or other users' use of the services

You acknowledge the inherent risks of blockchain technology, including but not limited to smart contract vulnerabilities, network congestion, and potential complete loss of funds.

5. User Representations

By using the services, you represent and warrant that you:

  • Are not subject to economic or trade sanctions administered or enforced by the United States, including those maintained by the Office of Foreign Assets Control (OFAC), or any other applicable jurisdiction
  • Have fully read and understood these Terms
  • Are of legal age in your jurisdiction and have the capacity to enter into a binding agreement

6. Non-Custodial Nature

Cloaked is a non-custodial service. We never hold, control, or have access to your private keys or spending capability. The spending capability never leaves your device. Transactions are executed on-chain and are irreversible once confirmed.

You are solely responsible for:

  • Securing your passkeys, PIN, and backup
  • Verifying all transaction details before signing
  • Maintaining copies of your backup in a safe location

Lost passkeys or backups may result in permanent, irrecoverable loss of access to your funds. We cannot recover your account or funds.

7. Supported Networks and Tokens

The services currently operate on supported EVM-compatible networks. Network and token availability may change without notice. We do not endorse any specific token or project.

8. Swaps

Token swaps are routed through third-party protocols (e.g. Uniswap). Slippage, price impact, and third-party protocol fees apply. Cloaked charges a service fee on swaps (currently 0.85%), which is disclosed before transaction execution and may be updated from time to time. We do not guarantee swap execution, pricing, or availability.

9. Fees

  • Network (gas) fees are paid by the user for all on-chain transactions (sends, swaps, etc.)
  • Third-party protocol fees (e.g. Uniswap) are determined by those protocols
  • Cloaked charges a service fee on swaps (currently 0.85%), which is subject to change; no service fee is charged on sends
  • All fees are disclosed before transaction execution
  • On-chain gas market conditions may cause any transaction to fail; failed or reverted transactions may still incur gas fees
  • Except where prohibited by law, all fees are non-refundable

10. API and SDK Usage

Access to Cloaked's APIs and SDKs requires an API key issued by Cloaked. By using our APIs or SDKs, you agree to the following:

  • API keys are issued at our sole discretion and are non-transferable. You may not share, publish, or embed your API key in client-side code or publicly accessible repositories.
  • All API endpoints are subject to rate limits. You must not attempt to circumvent, exceed, or abuse these limits.
  • We reserve the right to revoke, suspend, or restrict any API key at any time, for any reason, including but not limited to suspected abuse, violations of these Terms, or excessive usage.
  • You are responsible for all activity that occurs under your API key and for ensuring that your integration complies with these Terms and all applicable laws.
  • If you build products or services that use Cloaked's APIs, you are responsible for your end-users' compliance with these Terms. You must not use the APIs to facilitate activity that would violate these Terms if performed directly.
  • We may modify, deprecate, or discontinue API endpoints at any time. Where reasonably possible, we will provide advance notice of breaking changes.
  • API availability is provided on an "as is" basis. We do not guarantee uptime, latency, or throughput for any API endpoint.

11. Termination

Either party may terminate the relationship at any time. You may stop using the services at any time. We may suspend or terminate your access for violations of these Terms.

Due to the non-custodial nature of the service, your funds remain accessible on-chain regardless of termination. You can always access your stealth addresses using your backup and our open-source tools.

Termination does not affect any rights or obligations that have accrued prior to termination.

12. Intellectual Property

All intellectual property rights in the services remain with Cloaked. Open-source components are governed by their respective licenses. Cloaked owns the clkd.eth ENS domain and all subdomains issued under it. We reserve the right to revoke, suspend, or discontinue any subdomain at any time, including if the associated account violates these Terms.

13. Disclaimers

The services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

  • The services will be uninterrupted, timely, secure, or error-free
  • Blockchain networks will be available or function correctly
  • Any information provided through the services is accurate or complete

Nothing in the services constitutes financial, investment, tax, or legal advice.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Cloaked is liable only for damages caused by gross negligence or willful misconduct. Neither party may recover any amount with respect to loss of profit, data, goodwill, or other indirect, incidental, consequential, or punitive damages.

This includes, without limitation, losses arising from:

  • Failed, delayed, or misdirected transactions
  • Smart contract bugs or vulnerabilities
  • Blockchain network outages or reorganizations
  • Third-party protocol failures (e.g. Uniswap, bridge providers)
  • Loss of access due to lost passkeys or backups

Force majeure events (including but not limited to natural disasters, war, pandemic, government action, or blockchain network failures) exempt performance obligations.

15. Indemnification

You agree to indemnify, defend, and hold harmless Cloaked and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising from your use of the services or violation of these Terms.

16. Privacy

Your use of the services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

17. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the services ("Dispute") shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. You agree that any Dispute shall be brought in your individual capacity only, and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Exceptions. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Claims eligible for small claims court in Delaware may be brought there instead of arbitration.

Opt-Out. You may opt out of this arbitration and class action waiver provision by sending written notice to dev@clkd.xyz within 30 days of first accepting these Terms. If you opt out, Disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

18. Miscellaneous

  • If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
  • You may not assign your rights or obligations under these Terms without our prior written consent.
  • These Terms constitute the entire agreement between you and Cloaked regarding the services.
  • Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
  • Links to third-party websites or services do not imply endorsement or responsibility for their content or practices.

19. Contact

For questions about these Terms, contact us at dev@clkd.xyz.