Terms of Use
1 Acceptance of the Terms
By accessing and using the XSS Cloaker platform ("Platform"), you agree to comply with and be bound by these Terms of Use. If you do not agree with any part of these terms, you should not use our services.
Continued use of the Platform after any modification of these terms constitutes acceptance of the changes.
2 Description of the Service
XSS Cloaker is a cloaking platform that allows users to create and manage web traffic targeting systems. The Platform offers tools for:
- Advanced detection of bots and crawlers
- Intelligent redirection based on visitor characteristics
- Traffic analysis and detailed statistics
- Management of multiple campaigns
3 Permitted Use
The Platform must be used exclusively for lawful purposes, including:
- A/B testing and conversion optimization
- Content protection against unauthorized scrapers
- Audience targeting for legitimate marketing
- User experience optimization
4 Prohibited Use
It is expressly prohibited to use the Platform for:
- Black hat SEO practices or search engine manipulation
- Distribution of malware, viruses, or malicious code
- Phishing, fraud, or any illegal activity
- Copyright or intellectual property infringement
- Spam or sending unsolicited communications
- Unauthorized collection of personal data
- Any activity that violates Brazilian or international laws
5 User Responsibility
You are fully responsible for:
- All content published through the Platform
- Compliance with all applicable laws
- Security of your access credentials
- Activities carried out on your account
- Damages caused by misuse of the Platform
6 Cancellation and Refund
6.1. Right of Withdrawal
You have the right to cancel your subscription within 7 (seven) calendar days from the date of purchase or receipt of the first access, without the need for justification.
6.2. Cancellation Process
To exercise the right of withdrawal:
- Send a request to the support email
- Provide the account number and registration details
- The refund will be processed within 10 (ten) business days
- The amount will be refunded using the same payment method used
6.3. Cancellation After the Withdrawal Period
After the 7-day period, cancellations are subject to the following conditions:
- Monthly plans: cancellation at any time, without prorated refund
- Annual plans: proportional refund only in exceptional cases, at the company's discretion
- Unused credits are non-refundable
- Access remains active until the end of the paid period
7 Age Restrictions
7.1. Minimum Age
Use of the Platform is permitted only for persons over 18 (eighteen) years.
7.2. Minors
Persons under 18 may only use the Platform with the express consent and supervision of parents or legal guardians, in accordance with the General Data Protection Law.
7.3. Verification
We reserve the right to request proof of age at any time. Accounts created by minors without authorization will be immediately suspended.
8 Privacy and Data Protection
8.1. Collection and Processing of Data
We collect and process personal data in accordance with the General Data Protection Law (Law No. 13,709/2018 - LGPD). The collected data include:
- Registration information (name, e-mail, phone)
- Payment data (processed by third parties)
- Platform usage data
- Access and activity logs
8.2. Rights of the Data Subject (LGPD Art. 18)
a) Confirmation of the Existence of Processing
Right to know whether we process your personal data
b) Access to Data
Right to access all your stored data
c) Correction of Incomplete, Inaccurate, or Outdated Data
Right to request correction of incorrect information
d) Anonymization, Blocking, or Deletion
Right to request anonymization or deletion of unnecessary or excessive data
e) Data Portability
Right to receive your data in a structured and readable format for transfer to another provider
f) Deletion of Data Processed with Consent
Right to request deletion of data when consent is the legal basis
g) Information about Sharing
Right to know which public and private entities we share your data with
h) Information about the Possibility of Not Consenting
Right to be informed about the consequences of not giving consent
i) Revocation of Consent
Right to withdraw your consent at any time
j) Review of Automated Decisions
Right to request review of decisions made solely based on automated processing
8.3. Exercise of Rights
To exercise any of the rights above:
- Send a request to the contact e-mail provided in section 14
- Properly identify yourself
- Specify which right you wish to exercise
- We will respond within 15 (fifteen) business days
8.4. Security Incident Notification
In the event of a security incident that may pose a risk or cause significant harm to data subjects:
a) Commitment to Notify
We will notify the National Data Protection Authority (ANPD) and the affected users
b) Notification Deadline
The notification will be made within a reasonable time, not exceeding 72 (seventy-two) hours after we become aware of the incident
c) Content of the Notification
The communication will include:
- Description of the nature of the data affected
- Information about the data subjects involved
- Indication of the technical and security measures used
- Risks related to the incident
- Reasons for delay, if the communication is not immediate
- Measures being taken to reverse or mitigate the effects
d) Communication Channel
The notification will be sent to the registered e-mail. In serious cases, it will also be sent by other available means.
8.5. Legal Basis for Processing
The processing of personal data is based on the following legal bases of the LGPD:
- Performance of a contract (Art. 7º, V)
- Compliance with a legal obligation (Art. 7º, II)
- Legitimate interest (Art. 7º, IX)
- Consent of the data subject (Art. 7º, I)
8.6. Data Sharing
We do not sell, rent, or share your personal data with third parties, except:
- When necessary for the execution of services
- For compliance with legal obligations
- With your express consent
8.7. Data Retention
We retain your personal data only for as long as necessary to:
- Provide the contracted services
- Comply with legal obligations
- Exercise rights in legal proceedings
After that period, the data will be deleted or anonymized.
9 Intellectual Property
9.1. Copyright (Law No. 9.610/1998)
All content on the Platform, including but not limited to:
- Source code and software
- Design and interface
- Text, graphics, and images
- Logos and trademarks
- Documentation and support materials
They are protected by copyright and are the exclusive property of XSS Cloaker or its licensors.
9.2. Industrial Property (Law No. 9.279/1996)
All trademarks, trade names, and distinctive signs are the property of XSS Cloaker and are protected by industrial property law.
9.3. License to Use
By contracting our services, you receive a limited, non-exclusive, non-transferable, and revocable license to:
- Access and use the Platform
- Create and manage campaigns
- View reports and statistics
This license does not include rights to:
- Reproduction or distribution of the software
- Modification or reverse engineering
- Sublicensing or resale
10 Limitation of Liability
10.1. Use at Your Own Risk
The Platform is provided "as is". We do not guarantee that the service will be uninterrupted, error-free, or completely secure.
10.2. Exclusion of Warranties
To the fullest extent permitted by law, we exclude all warranties, express or implied, including:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement of third-party rights
10.3. Limitation of Damages
Under no circumstances will we be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or data
- Damages caused by improper use of the Platform
- Actions by third parties
- Decisions made based on information from the Platform
10.4. Indemnification
You agree to indemnify and hold XSS Cloaker harmless from any claim, damage, loss, or expense resulting from:
- Breach of these Terms of Use
- Improper use of the Platform
- Violation of third-party rights
- Noncompliance with applicable laws
11 Suspension and Account Termination
11.1. Immediate Suspension
We reserve the right to suspend or terminate your account immediately, without prior notice, in the event of:
- Breach of these Terms of Use
- Illegal or fraudulent activities
- Use of the Platform for prohibited purposes
- Compromise of the Platform's security
- Non-payment
11.2. Suspension Process
In case of suspected violation:
- We will investigate the situation
- We may request clarifications
- The decision to suspend is discretionary
- There is no obligation to refund in cases of suspension due to a violation
11.3. Voluntary Termination
You may terminate your account at any time through the control panel or by contacting support.
11.4. Effects of Termination
After account termination:
- Access to the Platform will be immediately revoked
- Your data will be retained for the legally required period
- Active campaigns will be deactivated
- There is no refund of amounts already paid (except during the withdrawal period)
12 Modifications to the Terms
12.1. Right to Modify
We reserve the right to modify these Terms of Use at any time in order to:
- Adapt to changes in legislation
- Addition of new features
- Improve security and user experience
- Update commercial policies
12.2. Prior Notice of Changes
For significant changes that affect users' rights and obligations:
- We will notify with a minimum advance notice of 30 (thirty) calendar days
- The notification will be sent to the registered email
- A notice will also be posted on the Platform
- Minor changes or corrections may be made without prior notice
12.3. Acceptance of Changes
- Continued use of the Platform after the notice constitutes acceptance of the new terms
- If you do not agree with the changes, you must cancel your account before the effective date
- Cancellation due to disagreement with the new terms does not entitle you to a refund, except if the change is substantial and unilateral
12.4. Version History
We will keep a history of previous versions of these Terms of Use available for reference.
13 Governing Law and Jurisdiction
13.1. Applicable Law
These Terms of Use are governed by and interpreted in accordance with the laws of the Federative Republic of Brazil, including but not limited to:
- Marco Civil da Internet (Law No. 12,965/2014)
- General Data Protection Law (Law No. 13,709/2018)
- Consumer Protection Code (Law No. 8,078/1990)
- Brazilian Civil Code (Law No. 10,406/2002)
- Brazilian Penal Code (Decree-Law No. 2,848/1940)
13.2. Jurisdiction
The court of the district of [CIDADE/ESTADO] to settle any disputes arising from these Terms of Use, with express waiver of any other venue, no matter how privileged.
13.3. Dispute Resolution
Before initiating any legal action, the parties agree to:
- Attempt to resolve the dispute amicably
- Use support and customer service channels
- Consider mediation or arbitration as alternatives
- The period for attempting an amicable resolution is 30 (thirty) days
14 Contact
For questions, suggestions, exercise of LGPD rights, cancellation requests, or any other communication related to these Terms of Use:
E-mail: [SEU-EMAIL-DE-CONTATO]
Hours of Operation: [HORÁRIO]
Response Time: Up to 15 business days for general requests
Security Emergencies: Up to 5 business days
15 General Provisions
15.1. Entire Agreement
These Terms of Use constitute the entire agreement between you and XSS Cloaker regarding the use of the Platform.
15.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.3. No Waiver
Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
15.4. Assignment
You may not assign or transfer your rights and obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time.
15.5. Language
If these Terms are translated, the Portuguese version will prevail.