Effective Date: August 26, 2024

The policies below play an important role in keeping the Cloaked ecosystem safe and applies to your Cloaked Account, and use of Cloaked Pay, Cloaked.app, Cloaked mobile app or any other Cloaked website (collectively the “Cloaked Site”).
 
For further information, refer to our Terms of Use. 


What type of activity is prohibited?You may not use your Cloaked Account to engage in the following categories of activity: 
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• Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, regulation, or sanctions programs administered where Cloaked conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), Department of Homeland Security, Department of Commerce, or which would involve proceeds of any unlawful activity; publishing, distributing or disseminating any unlawful material or information, escort activities, content that sexually exploits or endangers children (including child sexual abuse material), or that supports terrorism, criminal organizations, or individuals. You are not permitted to use Cloaked to exploit people, including through human trafficking, or share content that depicts, threatens, or promotes any form of violence, assault, or exploitation. Do not share intellectual property you do not have a right to use. You may not transmit imagery that is excessively violent or graphic, or that contains sexually explicit content or pornography. Cloaked should not be used to facilitate commercial sexual services, or to offer and/or transact in regulated or restricted goods.
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• Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Cloaked Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Cloaked Site, other Cloaked Accounts, computer systems or networks connected to the Cloaked Site, through password mining or any other means; use Cloaked Account information of another party to access or use the Cloaked Site, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user's Cloaked Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Cloaked. We may limit Cloaked services, phone number(s) or phone number use, if we believe that abusive activity, excessive use, or illegal conduct is occurring, at our sole discretion.

• Abuse Other Users: Interfere with another individual’s or entity's access to or use of any Cloaked Services; defame, abuse (including, but not limited to, robocalling), extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; harvest or otherwise collect information from the Cloaked Site about others, including without limitation email addresses, without proper consent. Use of Artificial Intelligence-based voices or texts through outbounding calling using Cloaked phone numbers, including marketing campaigns and/or robocalling, using such AI-based voices for outbound calls. This does not prevent use of AI-based technology to assist individuals that are unable to speak or are otherwise using AI to assist a handicap. Do not use Cloaked to transmit content that purposefully deceives, impersonates, or willfully misrepresents or otherwise scams, defrauds, or exploits Cloaked, our users, or potential users.

• Fraud: Activity which operates to defraud Cloaked, Cloaked Pay, Cloaked users, or any other person; provide any false, inaccurate, or misleading information to Cloaked or attempts to steal funds from Cloaked or any third-parties.

• Unlawful Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance that are not sanctioned by a governmental body or regulatory authority.

• Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Cloaked intellectual property, name, or logo, including use of Cloaked trade or service marks, without express consent from Cloaked or in a manner that otherwise harms Cloaked or the Cloaked brand; any action that implies an untrue endorsement by or affiliation with Cloaked.

• Note:  With Cloaked approval, ethical hacking under the guidelines of any agreement or program with Cloaked is permissible.


What type of businesses are prohibited from using Cloaked Services?
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Cloaked Services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by card network rules or the requirements of our banking providers or processors. You confirm that you will not use Cloaked Services in connection with any of the following businesses, activities, practices, or items:
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• Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes.
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• Restricted Financial Services: Check cashing, bail bonds; collections agencies.

• Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder.

• Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen.

• Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis.

• Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs.

• Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body.
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• Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom).

• Obscene Content and Services: Sites offering any sexually-related services such as prostitution or escorts.
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• Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs.
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• Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.

• High risk businesses: Any businesses that we believe pose elevated financial risk, legal liability, or violate card network rules or bank policies.

• Spam-bots or Spam Companies.

Cloaked will cooperate with law enforcement, including jointly handling bad actors or any national security concerns, if and as those arise. The Cloaked platform is built in an E2E encrypted, zero-knowledge access manner, so Cloaked's access is limited, but we will comply with legal obligations.

The specific types of use listed above are representative, but not exhaustive. If you are uncertain as to whether or not your use of Cloaked involves a Prohibited Use or Prohibited Business, or have questions about how these requirements apply to you, please contact us at [email protected].