Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you and CloakNote ("CloakNote," "we," "us," or "our") governing your access to and use of the CloakNote mobile application (the "App"), the CloakNote website, and any related pages that expressly link to these Terms.

By downloading, installing, accessing, or using the App or any CloakNote page that links to these Terms, you agree to these Terms. If you do not agree, do not download, install, access, or use the App or website.

You represent and warrant that:

• you are legally capable of entering into these Terms;
• you will comply with all applicable laws, rules, and regulations in connection with your use of the App and website; and
• if you are under the age of majority in your jurisdiction, you are using the App or website with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

Subject to your compliance with these Terms, CloakNote grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App for your personal, lawful use, and a limited right to access and use the CloakNote website and related pages for their intended informational purpose.

This license gives you no ownership rights in the App, website, or any CloakNote intellectual property. All rights not expressly granted are reserved.

The App, website, and related materials, including software, code, interface design, layout, graphics, text, branding, functionality, and related intellectual property rights, are owned by CloakNote or its licensors and are protected by applicable intellectual property and other laws.

Except for the limited license expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.

You retain any rights you may have in the notes, text, or other content you create, store, or review using the App ("User Content"). You are solely responsible for your User Content and for your decision to create, store, access, or review it using the App.

We do not claim ownership of your User Content.

Because the App's current functionality stores User Content locally on your device rather than on CloakNote-controlled servers, you acknowledge and agree that:

• you are responsible for maintaining access to your device;
• you are responsible for device security, including passcodes, biometrics, operating system updates, and backup settings;
• we do not provide cloud backup, account recovery, or guaranteed restoration of User Content; and
• we are not responsible for loss, exposure, corruption, or inaccessibility of User Content resulting from device loss, theft, damage, backup behavior, operating system behavior, user action, third-party services, or other causes outside our reasonable control.

The App is designed to support note-taking and to reduce casual visual exposure of note content in certain environments. The App is not marketed, warranted, or provided as a guaranteed:

• encryption product;
• secret management system;
• anti-surveillance solution;
• anti-forensics solution;
• secure communications platform;
• legal compliance tool; or
• safety-critical or mission-critical system.

If you choose to use the App for sensitive information, you do so at your own risk.

You agree that you will not:

• use the App or website in violation of any applicable law or regulation;
• use the App or website to infringe, violate, or misappropriate the rights of any person or entity;
• use the App to facilitate unlawful concealment, harassment, stalking, fraud, or other harmful or illegal conduct;
• reverse engineer, decompile, disassemble, modify, adapt, or create derivative works of the App except to the extent such restrictions are prohibited by applicable law;
• interfere with, disable, or circumvent security-related features or technical protections of the App or website;
• introduce malware, malicious code, or harmful content into or through the App;
• attempt to disrupt or gain unauthorized access to the CloakNote website or its hosting infrastructure; or
• misrepresent your affiliation with CloakNote or the source, nature, or ownership of the App or website.

Your use of the App and website is also governed by our Privacy Policy:

https://cloaknote.xyz/privacy

The App and website may be distributed through or rely on third-party platforms and services, including app stores, mobile operating systems, device manufacturers, browsers, hosting providers, backup services, and speech technologies. Those third parties are independent from CloakNote and may impose their own terms, conditions, and privacy policies.

CloakNote is not responsible for the availability, security, content, or practices of third-party platforms or services.

We may release updates, upgrades, patches, fixes, enhancements, or new versions of the App at any time, with or without notice. We may also modify, suspend, restrict, or discontinue any part of the App, website, or related materials at any time to the maximum extent permitted by law.

We are not obligated to provide any particular update, feature, or continued availability.

Unless expressly stated otherwise, the App is licensed, not sold, to you. Any charges, subscriptions, billing terms, taxes, refunds, or store-specific purchase terms are governed by the platform through which you obtained the App and any terms presented at the time of purchase.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, WEBSITE, AND RELATED MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, CLOAKNOTE DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY, AND THAT THE APP OR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT THE APP WILL PREVENT THIRD-PARTY OBSERVATION, PREVENT DEVICE-LEVEL ACCESS, PREVENT DATA LOSS, OR SATISFY ANY PARTICULAR CONFIDENTIALITY OR SECURITY STANDARD.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOAKNOTE AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE APP, WEBSITE, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOAKNOTE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP, WEBSITE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID, IF ANY, FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
• FIFTY U.S. DOLLARS (US $50.00).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CloakNote and its affiliates, licensors, service providers, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, judgments, awards, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use or misuse of the App or website;
• your User Content;
• your violation of these Terms; or
• your violation of any applicable law or any third-party right.

These Terms remain in effect until terminated. We may suspend or terminate your right to use the App or website at any time, with or without notice, if we reasonably believe you have violated these Terms or if suspension or termination is necessary for legal, security, operational, or business reasons.

Upon termination, the license granted to you under these Terms ends immediately and you must stop using the App and website. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, indemnification, dispute-related provisions, and any payment obligations.

You may not use, export, re-export, import, or transfer the App except as authorized by applicable law, including export control and sanctions laws of the United States and other applicable jurisdictions. You represent and warrant that you are not located in, under the control of, or a national or resident of any prohibited country or on any applicable restricted-party list.

To the maximum extent permitted by applicable law, these Terms will be governed by the laws of the jurisdiction in which the publisher of the App is established, without regard to conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the App will be brought exclusively in the courts that have jurisdiction over the publisher of the App, unless applicable consumer protection law requires otherwise.

Nothing in these Terms limits any non-waivable consumer rights you may have under applicable law.

We may update these Terms from time to time. When we do, we will post the updated Terms and revise the "Last Updated" date above. To the extent permitted by law, the updated Terms become effective when posted unless we state otherwise.

Your continued use of the App or website after revised Terms become effective constitutes your acceptance of the revised Terms.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision is not a waiver of that provision or any other provision.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, or sale of assets.

These Terms, together with the Privacy Policy and any terms expressly incorporated by reference, constitute the entire agreement between you and CloakNote regarding the App and supersede prior or contemporaneous understandings relating to the App and website.

If you have questions about these Terms, please contact us through:

• Support: https://cloaknote.xyz/support
• Home Page: https://cloaknote.xyz