Subject to these Terms of Service (this "Agreement"), cloke ("cloke", "we", "us" and/or "our") provides access to cloke's artificial intelligence platform (collectively, the "Services"). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.
If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.
1. Acceptance of Terms
By signing up and using the services provided by cloke (referred to as the "Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). The Service is owned and operated by cloke ("Us", "We", or "Our").
2. Description of Service
cloke provides an artificial intelligence platform ("the Product"). The Product is accessible at cloke (collectively, "the Website").
3. Fair Use
You are responsible for your use of the Service and for any content that is transmitted through the Service. You may not use the Service for any malicious purpose.
While the unlimited plan on cloke provides extensive access to our services, usage is subject to our fair use policy to ensure service quality for all users. We reserve the right to:
- Monitor and analyze usage patterns across all accounts
- Implement reasonable limitations on API calls, requests, or other service usage if we determine that:
- Usage significantly exceeds typical patterns of similar customers
- Usage creates undue strain on our systems or third-party services
- Usage patterns suggest automated or programmatic abuse
- Usage threatens the stability or availability of the service for other users
- Implement temporary or permanent usage limits on any account
- Request that customers modify their usage patterns
- Suspend or terminate service access if usage limitations are not respected
- Modify these terms with reasonable notice to accommodate changing service requirements
4. Intellectual Property Rights
You acknowledge and agree that the Service and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5. Changes to these Terms
We reserve the right to revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.
6. Contact Information
Questions or comments about the Website or these Terms of Service may be directed to our support team at team@cloke.io.
7. Disclaimer of Warranties
THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
8. Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
9. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or related to them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois.
By using cloke, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you are not authorized to use the Service. We reserve the right to change these Terms of Service at any time, so please review them frequently.
Thank you for using cloke!