Terms of service

 

Effective Date: 15th September 2024

1. Introduction

Welcome to Qloaked! These Terms of Service (“Terms”) govern your use of our global proxy-as-a-service (“Service”), which sits between origin servers and the visitors of websites and simplifies SSL provisioning for customer domains. By accessing or using our Service, you agree to comply with and be bound by these Terms. If you do not agree, you must not use the Service.

Qloaked reserves the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms on our website. Continued use of the Service after such changes constitutes your acceptance of the new Terms.

2. Definitions

  • “Service” refers to the Qloaked proxy and SSL provisioning services.

  • “Client” refers to the individual or entity that registers for and uses the Service.

  • “End User” refers to any individual who accesses the Client’s website through our Service.

  • “Content” refers to any data, information, or material that is transmitted through or stored on the Service.

  • “Origin Server” refers to the Client’s server that hosts the content delivered through Qloaked.

3. Use of the Service

3.1 Description of Service

Qloaked provides a global proxy-as-a-service designed to facilitate the delivery of web content and simplify SSL provisioning for customer domains. Our Service includes:

  • Proxy Functionality: Acting as an intermediary between origin servers and end users, enabling efficient content delivery and enhanced security. Our global network of Kubernetes clusters and anycast IP address ensures low-latency and high-performance delivery by routing traffic through the nearest node.

  • SSL Provisioning: Providing and managing SSL certificates to ensure secure communications between Qloaked and end users. This includes automated issuance, renewal, and management of certificates.

  • DNS-Based Integration: Our Service predominantly operates through DNS, requiring minimal technical integration. This approach simplifies the setup process, allowing clients to quickly configure their domains with low technical overhead.

3.2 Account Registration

To use our Service, you must register for an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 License

Qloaked grants you a limited, non-exclusive, non-transferable license to use the Service solely for your business purposes, subject to these Terms.

3.4 Acceptable Use

You agree not to use the Service to engage in any unlawful activities, distribute harmful content, or violate the rights of others. Prohibited activities include, but are not limited to:

  • Distributing malware, viruses, or other harmful code.

  • Engaging in any activity that disrupts the Service or harms Qloaked’s infrastructure.

  • Using the Service to transmit or store content that is illegal, defamatory, or infringes on intellectual property rights.

3.5 Service Limitations

Qloaked reserves the right to limit your use of the Service based on factors such as bandwidth usage, number of requests, or types of content delivered. These limitations are in place to ensure fair usage and the stability of the Service.

4. Client Responsibilities

4.1 Security

While Qloaked provides SSL provisioning to secure the communication between the origin server and the end-users, the Client is responsible for maintaining the security of their accounts, systems, and the content they provide.

4.2 Compliance with Laws

You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including data protection laws.

4.3 Content Ownership

You retain ownership of the content you transmit through the Service. By using the Service, you grant Qloaked a license to use, modify, and store the content as necessary to provide the Service.

5. Intellectual Property

5.1 Qloaked’s IP

All intellectual property rights in and to the Service, including but not limited to software, logos, and trademarks, are owned by Qloaked. You are not granted any rights to these except as expressly set out in these Terms.

5.2 Client’s IP

Qloaked acknowledges that it does not own any of the content provided by the Client. The Client retains all rights, title, and interest in their content, subject to the license granted to Qloaked to perform the Service.

6. Confidentiality

6.1 Definition of Confidential Information

Confidential Information includes any information that is identified as confidential or that should reasonably be understood to be confidential, including trade secrets, business strategies, and client data.

6.2 Obligations

Both parties agree to protect each other’s Confidential Information with the same degree of care as they use to protect their own confidential information, but in no event with less than reasonable care.

7. Privacy and Data Protection

7.1 Data Processing

Qloaked processes personal data in accordance with its Privacy Policy, which forms part of these Terms. We collect and use personal data as necessary to provide the Service.

7.2 Data Breach Notification

In the event of a data breach, Qloaked will notify you without undue delay and provide sufficient information to allow you to meet any obligations to report or inform end-users.

8. Fees and Payment

8.1 Pricing

You will be charged based on your usage of the Service and/or according to the rates outlined on our Pricing Page, unless otherwise agreed in a separate written agreement. Qloaked reserves the right to modify its pricing at any time, and such changes will be reflected on the Pricing Page. Continued use of the Service after a pricing change constitutes your acceptance of the new pricing.

8.2 Payment Processing

Payments for the Service are processed automatically on a monthly basis through our payment provider, Stripe. The card on file will be charged at the end of each billing cycle, and a receipt will be sent to the email address associated with your account. If a payment fails or is not processed, you will be notified and given the opportunity to update your payment information. Late payments may result in the suspension or termination of your account.

8.3 Refunds

All payments are non-refundable, except at our sole discretion. However, if Qloaked fails to meet the Service Level Agreement (SLA) as specified on our SLA Page, you may be entitled to a refund or service credits, as outlined in the SLA.

9. Service Levels and Support

9.1 Service Availability

Qloaked aims to provide reliable and uninterrupted service. However, we do not guarantee 100% uptime but do offer an SLA available here: 

9.2 Support

Support is available via email at support@qloaked.com during our business hours, 9am – 6pm Monday – Friday (Excluding UK Bank holidays). We strive to respond to all queries within 3 work hours.

10. Termination

10.1 Termination by Qloaked

Qloaked may terminate or suspend your access to the Service if you breach these Terms, fail to make payments, or engage in activities that harm the Service or other users. Additionally, Qloaked reserves the right to terminate your access to the Service at its sole discretion, with 1 month’s notice, even if no breach has occurred.

10.2 Termination by Client

You may terminate your account at any time by providing 1 month’s notice to Qloaked.

10.3 Effects of Termination

Upon termination, your access to the Service will be disabled, and Qloaked will delete any of your content stored on our servers, except as required by law. You will remain responsible for any fees incurred up to the date of termination.

11. Disclaimer of Warranties

The Service is provided “as is” and “as available,” without any warranties of any kind, either express or implied. Qloaked disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

12.1 Liability Cap

Qloaked’s total liability to you for any damages arising out of or related to these Terms or the Service will not exceed the amount you have paid to Qloaked in the 3 months preceding the event that gave rise to the liability.

12.2 Exclusion of Certain Damages

In no event will Qloaked be liable for any indirect, incidental, consequential, or special damages, including lost profits or data, arising out of or in connection with these Terms or the Service, even if Qloaked has been advised of the possibility of such damages.

13. Indemnification

You agree to indemnify and hold harmless Qloaked, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Service, your breach of these Terms, or your violation of any law or the rights of a third party.

14. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of London, England.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by Qloaked, constitute the entire agreement between you and Qloaked regarding your use of the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

The failure of Qloaked to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign your rights or obligations under these Terms without Qloaked’s prior written consent. Qloaked may assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and assigns.

16. Contact Information

For any questions or concerns about these Terms, please contact us at support@qloaked.com.