Terms of Service

1. Introduction & Scope

These Terms of Service govern your use of:

• Cloakd checkout pages
• Merchant dashboard
• API and webhooks

These Terms do not apply to:

• The Cloakd marketing website
• Any other unrelated Cloakd services

2. What Cloakd Is

Cloakd is a non-custodial crypto payment orchestration service. Cloakd facilitates cryptocurrency payments between customers and merchants.

Cloakd does not:

• Hold funds
• Control wallets
• Provide escrow services
• Act as a bank or payment processor
• Custody cryptocurrency or digital assets

All payments flow directly from customer wallets to merchant-specified addresses. Cloakd provides coordination and payment tracking only.

3. What Cloakd Is Not

Cloakd explicitly does not provide:

• Credit card processing
• Chargebacks
• Escrow services
• Custody of funds
• Dispute resolution services
• Guarantees of settlement finality beyond blockchain confirmation
• Payment reversals or cancellations

4. Transaction Finality & Risk

Cryptocurrency transactions are irreversible by nature.

• Once a transaction is broadcast to the blockchain, it cannot be canceled
• Sending to the wrong network, wrong asset, or wrong amount is the sender's responsibility
• Cloakd is not responsible for user errors in payment execution

Payment quotes expire after a set time period. If a quote expires:

• A new quote must be requested
• Exchange rates may change
• Payment amounts may be recalculated

5. Merchant Responsibilities

Merchants using Cloakd are solely responsible for:

• Goods and services sold to customers
• Legal compliance in their jurisdiction
• Tax obligations and reporting
• Refunds and customer support
• Email notifications, shipping, and fulfillment systems
• Handling disputes with customers
• Maintaining accurate wallet addresses for receiving payments

Cloakd is not responsible for merchant business operations, delivery of goods or services, or merchant-customer disputes.

6. Customer Responsibilities

Customers using Cloakd checkout are responsible for:

• Verifying payment details before submitting a transaction
• Wallet security and private key management
• Selecting the correct network and asset
• Compliance with local laws regarding cryptocurrency use
• Understanding that cryptocurrency transactions are irreversible

7. Third-Party Services

Cloakd relies on third-party blockchain infrastructure and liquidity providers to facilitate payments.

• Cloakd is not liable for failures, delays, or downtime of third-party systems
• Cloakd does not control underlying blockchain networks
• Network congestion, gas fees, and blockchain conditions are outside Cloakd's control

Cloakd makes no guarantees about the availability or performance of external services.

8. Service Availability

Cloakd is provided "as is" without warranties of any kind.

• There is no uptime guarantee
• Cloakd may suspend or limit access to the service at any time
• Maintenance and outages may occur without prior notice
• Cloakd reserves the right to modify or discontinue features

9. Fees

Cloakd charges a per-transaction service fee based on the merchant's account tier. The applicable fee rate is agreed at the time of merchant onboarding and is documented in the merchant's account settings.

Current fee tiers:

• Self-managed: 1% per transaction. Merchant handles their own integration and support.
• Full-service: 2% per transaction. Includes integration support, managed setup, and ongoing account management.

Fees are deducted at the time of transaction processing. Merchants receive the net amount after fees. Fee structures applicable to a merchant's account may be updated by Cloakd with thirty (30) days' written notice. Continued use of the service after the notice period constitutes acceptance of the updated fee.

Third-party blockchain network fees (gas fees) are separate from Cloakd's service fee and are outside Cloakd's control.

10. Limitation of Liability

To the maximum extent permitted by law:

• Cloakd is not liable for lost funds due to user error, including incorrect addresses, wrong networks, or wallet mismanagement
• Cloakd is not liable for indirect, incidental, consequential, or punitive damages
• Cloakd's total liability for any claim is limited to the fees paid by the user in the preceding three months
• Cloakd is not liable for third-party service failures

Users acknowledge that cryptocurrency transactions carry inherent risk and agree to use Cloakd at their own risk.

11. Termination

Cloakd may suspend or terminate merchant access to the service at any time for any reason, including violation of these Terms.

Merchants may stop using Cloakd at any time by discontinuing API access and removing integration.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands.

Cloakd is registered in the Netherlands. Full legal entity details are available at info@cloakd.ai or via the Dutch Chamber of Commerce (KVK) public register.

13. Acceptable Use & Prohibited Activities

Cloakd's services may only be used in connection with lawful business activities. By using Cloakd, merchants represent and warrant that their business and the goods or services they sell comply with all applicable laws in their jurisdiction of operation.

The following uses are strictly prohibited and will result in immediate account suspension and termination:

• Sale of illegal goods or services of any kind under applicable law
• Any activity involving child sexual abuse material (CSAM) or exploitation of minors
• Sale of illegal weapons, explosives, or weapons of mass destruction
• Human trafficking, forced labour, or sexual exploitation
• Terrorism financing or any support for persons or entities subject to EU, UN, or OFAC sanctions
• Operation of dark web marketplaces or platforms designed to facilitate anonymous illegal activity
• Fraud, scams, deceptive schemes, or misrepresentation to customers
• Money laundering or deliberate layering of illicit funds
• Any activity that violates applicable EU or Dutch law

Merchants operating in regulated industries (including but not limited to financial services, pharmaceuticals, gambling, and adult content) are solely responsible for obtaining and maintaining all licences and regulatory approvals required in their jurisdiction. Cloakd does not verify or warrant that any merchant holds such approvals.

Cloakd reserves the right to terminate any merchant account at its sole discretion, including where Cloakd determines, in good faith, that a merchant's activities present unacceptable legal, regulatory, or reputational risk.

14. AML/CFT Compliance

Cloakd maintains an Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) policy in accordance with applicable Dutch law, including the Wwft (Wet ter voorkoming van witwassen en financieren van terrorisme) and the Sanctiewet 1977.

As part of merchant onboarding, Cloakd collects basic business information (Know Your Business / KYB) for all merchants. Merchants agree to provide accurate and complete information during onboarding and to notify Cloakd of any material changes to their business.

Cloakd's full AML/CFT Policy is available at cloakd.ai/aml-policy.

15. Contact

For questions about these Terms, contact us at info@cloakd.ai.