Terms and Conditions of Use

Updated May 2025.

Welcome to Cloakup!

Thank you for choosing Upsurge and using Cloakup, our security solution for websites and applications. These Terms of Use govern the access and use of the Cloakup platform, available at https://cloakup.me, hereinafter referred to as "Cloakup", "platform", "we" or "our service".

By accessing or using Cloakup, you declare that you have read, understood and accepted these Terms of Use. If you do not agree with any of the conditions set forth herein, please do not use the platform.

1. DEFINITIONS

In this instrument, we understand the expressions below according to the following definitions:

  1. Upsurge: UPSURGE SOLUCOES EM TECNOLOGIA LTDA, Limited Liability Company, regularly registered under CNPJ 34.403.240/0001-59, headquartered at Rua Independência, 81, Centro District, in the City of Igrejinha/RS, under ZIP Code 95.650-000;
  2. Cloakup ou Plataforma: Tool developed by Upsurge that enables clients to quickly and easily configure the filters they need to protect their website from bot traffic, spy services, competitors and any other unwanted traffic;
  3. Client: Individual or legal entity registered with Cloakup, who accesses and/or uses the services offered by it;
  4. Dashboard: Client's visualization panel, available through login and password, which provides an overview of the data captured by the Platform;
  5. Data treatment: Under the terms of article 5, item X, of Law 13.709 of 2018, any operation performed by Upsurge with the Client's personal data.

2. ADHESION

2.1. This document establishes the conditions of use of the services offered by Cloakup, configuring an agreement between Clients and Upsurge. By using the services made available through Cloakup, you declare that you are aware of and agree with the terms described herein, as well as with the applicable legislation.

2.2. By using Cloakup, you acknowledge and agree that Upsurge will consider such use as an express acceptance of these Terms and related legal rules.

2.3. By accepting these Terms, the Client authorizes the processing of their personal data for the purpose of enabling the proper functioning and continuous improvement of Cloakup's functionalities.

2.4. These Terms of Use are available for consultation at any time on Cloakup, through the following link: https://cloakup.me/en/terms.

3. WHO WE ARE AND WHAT WE DO

3.1. Upsurge offers an intelligent traffic filtering solution focused on digital marketing and online advertising. Its technology protects companies and websites against bots, ensuring more efficient and secure campaigns. With a focus on performance and data integrity, it optimizes paid media investments.

4. REGISTRATION AND CONDITIONS OF USE

4.1. The use of Cloakup is conditional on Client registration and express acceptance of these Terms of Use.

4.1.1. For registration, it is necessary to provide the following data:

  1. Full name;
  2. Phone;
  3. Email.

4.1.2. The registration must contain truthful, complete and updated information. The Client is solely responsible for the information provided and for maintaining the confidentiality of their access credentials.

4.1.3. It is not allowed to share access credentials with third parties. The account is personal, non-transferable and linked to the registered CPF or CNPJ.

4.1.4. The creation of multiple accounts by the same Client to obtain advantages or circumvent limits is prohibited and will result in the closure of all related accounts.

4.2. The use of Cloakup is done through a recurring monthly subscription, with automatic billing, which is limited to the plan chosen by the Client.

4.3. The use of Cloakup to host, protect or distribute illegal, offensive, discriminatory, defamatory content that infringes the rights of third parties or violates current legislation is expressly prohibited.

5. FUNCTIONALITIES

5.1. All Cloakup functionalities are described on the Platform page.

5.2. Upsurge reserves the right to modify, delete, add or alter functionalities, with 30 (thirty) days prior notice to Clients.

6. PLANS, PAYMENTS AND PRICE ADJUSTMENTS

6.1. The use of Cloakup is done through a recurring subscription.

6.2. Only payments by credit card or pix will be accepted, which will be processed through a partner company, responsible for the payment gateway.

6.3. The Platform offers different subscription plans, each with their respective monthly request limits, specified at the time of contracting.

6.4. Plan upgrade is not automatic. In case of surplus, the Client will be notified via dashboard and additional charges will be applied proportionally to the remaining period of the month.

6.5. Upsurge will not interrupt the service immediately upon surplus, precisely to avoid interruption of operation of the protected website or application.

6.6. Upsurge may readjust the values of plans and services periodically, based on an official index, preferably the IPCA, or another that replaces it.

7. CANCELLATION

7.1. Upsurge offers free cancellation within 7 (seven) days after the first contracting.

7.2. Subscription cancellation can be requested at any time through the Platform panel. However, cancellation will only take effect from the subsequent billing cycle.

7.3. The Client undertakes to carry out the cancellation with due advance notice. No chargeback request will be accepted with the credit card operator regarding regularly processed transactions.

8. REFUND POLICY

8.1. To be eligible for a refund of the amount paid, the Client must fully meet the following criteria:

  1. Have used the system for a maximum of 7 (seven) consecutive days from the subscription date;
  2. Have not exceeded the limit of 500 (five hundred) requests within this 7 (seven) day period; and
  3. Be in the first month of the Cloakup subscription.

8.1.1. The limit of 500 requests was defined as a reasonable parameter so that the subscriber can test the platform's functionalities and evaluate whether the service meets their expectations.

8.2. Having met the above criteria, the refund request can be made through the chat available on our official website.

8.3. The refund amount will be calculated proportionally to the days of use and the contracted subscription plan. Any processing or operational fees will not be included in the refund.

8.4. Once the request is approved, refund processing will be carried out within 3 (three) business days.

8.5. After processing, the amount may take between 5 (five) and 10 (ten) business days to be effectively credited to the account or payment method used in the subscription.

8.6. Payments referring to automatic subscription renewal are non-refundable.

8.7. Payments made due to excess usage are considered final and non-refundable.

9. DATA DELETION

9.1. Client data will be kept for up to 30 (thirty) days from the end of the subscription.

9.2. After this period, the data will be deleted definitively and irreversibly.

10. TERMS CHANGES

10.1. These Terms may be changed at any time, with prior notice prominently displayed on the Platform.

10.2. Continued use of Cloakup after the change will imply acceptance of the new conditions.

11. CONTACT CHANNELS

11.1. All services and requests related to Cloakup must be made exclusively through the official chat available on the Platform.

11.2. Queries made through external channels will not be considered.

12. GENERAL PROVISIONS

12.1. Any clause or condition of this instrument that, for any reason, is deemed null or ineffective by any court or tribunal, will not affect the validity of the other provisions of these Terms.

12.2. Upsurge's failure to demand any rights or provisions of these Terms shall not constitute a waiver.

12.3. All materials, patents, trademarks, registrations, domains, names, privileges, creations, images and all rights related and connected to Cloakup are and will remain the sole and exclusive property of Upsurge.

12.4. This instrument constitutes the complete understanding between the Client and Upsurge and is governed by Brazilian Laws, with the forum of Upsurge's domicile city being elected as the only competent one to resolve issues arising from this instrument.