TERMS

OF USE

These Terms govern your use of cloakandkernel.com, kernel.cloakandkernel.com, and other services where these Terms are posted, including our analytical tools, forecasts, models, articles, videos, analysis, and commentary (collectively, the “Services”). The Services are operated by Cloak and Kernel, LLC (“Cloak & Kernel,” “we,” “us,” or “our”).

By accepting these Terms or using the Services after receiving conspicuous notice that your use constitutes acceptance, you agree to these Terms.

IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

IMPORTANT: SECTION 8 REQUIRES BINDING INDIVIDUAL ARBITRATION OF MOST DISPUTES AND INCLUDES A CLASS-ACTION WAIVER. SECTION 7 LIMITS OUR LIABILITY.

You must be at least 16 years old to use the Services. If you are under 18 or under the age of majority where you live, you may use the Services only with permission from a parent or legal guardian who has reviewed and agreed to these Terms on your behalf. A parent or guardian providing that agreement also agrees to these Terms in their own capacity concerning the minor’s use.

You must be at least 18 and have reached the age of majority where you live to make purchases or use paid features.

If you create an account, provide accurate information, protect your credentials, and promptly report unauthorized use. You are responsible for activity you authorize. If you act for an organization, you must have authority to bind it.

Our Privacy Policy explains how we handle personal information.

The Services are for informational and entertainment purposes. Content may include opinions, automated outputs, statistical estimates, and third-party information. It is not financial, investment, legal, or other professional advice.

Projections, rankings, probabilities, simulations, recommendations, and outcome ranges depend on available information and assumptions. They do not guarantee actual results. Outcomes may fall outside displayed ranges. Historical performance, backtests, and comparisons do not guarantee future accuracy or success.

The Services may contain calculation errors, software bugs, omissions, inaccurate inputs, or outdated information, including player availability, injuries, statistics, odds, and scoring settings. Information and methodologies may change without notice. We do not promise to identify or correct every error or update information before any game, deadline, or decision.

You are responsible for evaluating the information, verifying relevant facts and league settings, and making your own decisions. We do not guarantee winning lineups, successful transactions, contest results, prizes, profits, or betting outcomes. To the extent permitted by law, you assume the risks of relying on the Services.

We do not accept wagers or provide wagering services. Nothing in the Services constitutes an offer or solicitation to wager. You are responsible for complying with laws applicable to your activities.

We grant you limited, nonexclusive, nontransferable permission to use the Services for lawful personal, noncommercial purposes, subject to these Terms.

We and our licensors retain rights in the Services, including software, original content, graphics, and branding. Third-party materials remain subject to their owners’ rights. We do not claim ownership of underlying facts merely because they appear in the Services.

Except as permitted by applicable law or our prior written authorization, you may not:

• Republish, resell, commercially exploit, or systematically extract our content or outputs.
• Use automated tools to collect content or data, except ordinary search-engine indexing consistent with our published instructions.
• Use our protected content or outputs to train, fine-tune, or evaluate AI models, or systematically reuse them to create a competing service or dataset.
• Bypass access restrictions, introduce malicious code, interfere with the Services, or access accounts or systems without authorization.
• Remove ownership notices or falsely imply affiliation with us.

You may share links and use sharing or export features as intended. Commercial licenses require a separate written agreement defining permitted uses and fees. Unauthorized use does not grant a license.

These restrictions do not limit rights that applicable law makes nonwaivable.

The Services may incorporate third-party information or link to platforms, advertisers, and other providers. We do not control their accuracy, availability, practices, or services. Their terms govern your dealings with them. References to teams, leagues, athletes, or organizations do not imply endorsement or affiliation unless expressly stated.

If you voluntarily submit suggestions or feedback about the Services, you grant us a nonexclusive, worldwide, perpetual, royalty-free license to use and incorporate that feedback without compensation or attribution. This permission does not authorize uses of personal information inconsistent with our Privacy Policy or extend to unrelated private information in support requests.

We may change, suspend, or discontinue content, features, methodologies, or the Services. We may restrict access for violations of these Terms, security concerns, or legal requirements, subject to applicable law and any express purchase commitments.

Additional terms may apply to particular features or purchases when presented to you. Those terms control conflicts concerning that feature or purchase. Applicable payment, renewal, cancellation, and refund terms will be disclosed before purchase.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND OTHER WARRANTIES NOT EXPRESSLY PROVIDED IN THESE TERMS OR APPLICABLE PURCHASE TERMS.

We do not warrant that the Services will be accurate, complete, reliable, secure, uninterrupted, timely, or error-free, or that they will meet your requirements. Informal advice or assistance does not create additional warranties.

TO THE FULLEST EXTENT PERMITTED BY LAW, CLOAK AND KERNEL, LLC AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, ANTICIPATED WINNINGS, OR OPPORTUNITIES ARISING FROM THE SERVICES OR RELIANCE ON THEIR CONTENT.

THE COMBINED TOTAL LIABILITY OF THESE PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED US $100 IN THE AGGREGATE. THIS IS A TOTAL LIMIT PER USER, NOT A SEPARATE LIMIT FOR EACH CLAIM OR INCIDENT.

These limitations apply regardless of the legal theory asserted, including contract, negligence, or other tort, and even if a party was advised that such losses were possible.

Nothing excludes or limits liability or remedies that cannot lawfully be excluded or limited, including liability for fraud, willful misconduct, or gross negligence where applicable law prohibits limitation. The cap does not limit our arbitration-fee obligations or nonwaivable statutory rights to attorney fees or other remedies.

Informal resolution. Before initiating arbitration, either party must send written notice describing the dispute, requested relief, and contact information. Send notices to hello@cloakandkernel.com; we will use contact information you have provided. Both parties will attempt in good faith to resolve the dispute for 60 days after receipt. Applicable filing deadlines are suspended during that period to the extent legally permitted. This process does not prevent eligible small-claims proceedings or requests for urgent provisional relief.

Binding arbitration. You and Cloak & Kernel agree to arbitrate disputes arising from the Services or these Terms, except eligible individual small-claims cases and matters that applicable law prohibits arbitrating. The Federal Arbitration Act governs.

JAMS will administer proceedings before one neutral arbitrator under its applicable rules and Consumer Minimum Standards. Both parties may participate in selection. Hearings may be remote by agreement or at a reasonably accessible location. We will pay fees allocated to us under those standards; consumer fees will not exceed their permitted amount. Nonwaivable remedies remain available. The arbitrator will allow appropriate information exchange and issue a reasoned written award.

Individual proceedings. Both parties waive jury trials for arbitrable disputes and, to the extent lawful, class or representative proceedings. Nonwaivable public injunctive relief remains available. Courts decide formation and enforceability of the arbitration agreement and class waiver. An unenforceable waiver sends the affected claim or remedy to court; severable arbitrable claims remain in arbitration.

For qualifying coordinated demands, the parties agree to JAMS’s published Mass Arbitration Procedures and Guidelines. These do not authorize class arbitration or override mandatory consumer protections. Rules are available at jamsadr.com.

Except for the Federal Arbitration Act and mandatory laws applicable to you, these Terms are governed by the laws of the State of Georgia, United States, without regard to conflict-of-law rules. Subject to Section 8, small-claims rights, and mandatory venue protections, court proceedings must be brought in state or federal courts of competent jurisdiction located in Georgia. You and we consent to the jurisdiction of those courts.

We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of the relevant business or assets, provided the successor assumes our obligations. You may not assign these Terms without our consent, except where applicable law permits.

If a provision is unenforceable, the remainder remains effective, subject to Section 8. Failure to enforce a provision is not a waiver. These Terms and applicable additional terms constitute the agreement governing use of the Services. Provisions concerning ownership, feedback licenses, disclaimers, liability, and disputes survive termination.

We may update these Terms prospectively. We will update the “Last updated” date when these Terms change, provide conspicuous notice of material changes, and obtain renewed agreement where required. Changes to dispute provisions will not apply to disputes already known to either party when the changes take effect.

Questions and contractual notices: hello@cloakandkernel.com

This contact method does not replace legally required procedures for service of process.