Terms of Service

1. Agreement to Terms

Welcome to Darkiee. These Terms of Service ("Terms") constitute a legally binding agreement between you and Darkiee ("we," "our," or "us") regarding your access to and use of our website www.darkiee.com and our technology services.

By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

          Important: These Terms contain provisions that limit
          our liability to you and require you to resolve disputes with us
          through arbitration. Please read these Terms carefully.
        

2. Services Offered

Darkiee provides a range of technology services, including but not limited to:

Web Development and Design
Mobile App Development (iOS and Android)
AI Automation Solutions
Cloud Solutions and Infrastructure
UI/UX Design Services
Custom Software Development
Technology Consulting

The specific scope, deliverables, timelines, and costs for each project will be defined in a separate Statement of Work (SOW) or Service Agreement between you and Darkiee.

3. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

If you are using our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

4. User Accounts

Certain features of our services may require you to create an account. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access or security breach
Providing accurate, current, and complete information
Updating your information to keep it accurate and current

We reserve the right to suspend or terminate your account if we suspect any unauthorized or fraudulent activity.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality on our website and in our services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content") are the exclusive property of Darkiee and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for your personal or internal business purposes. This license does not include any right to:

Resell or make commercial use of our services or Content
Modify, adapt, or create derivative works
Reverse engineer, decompile, or disassemble any software
Remove any copyright or proprietary notices
Use automated systems to access or collect data

5.3 Client Projects

Upon full payment for custom development services, you will own the final deliverables as specified in the Service Agreement. However, Darkiee retains ownership of:

Pre-existing materials, tools, frameworks, and code libraries
General methodologies and processes
Any materials developed independently of your project

6. User Responsibilities and Prohibited Conduct

You agree not to:

Use our services for any illegal or unauthorized purpose
Violate any applicable laws, regulations, or third-party rights
Transmit any viruses, malware, or harmful code
Interfere with or disrupt the integrity or performance of our services
Attempt to gain unauthorized access to our systems or networks
Impersonate any person or entity or misrepresent your affiliation
Harass, abuse, or harm other users
Collect or store personal data about other users without consent
Use our services to transmit spam or unsolicited communications
Engage in any activity that could damage our reputation or business

7. Payment Terms

7.1 Pricing

Pricing for our services will be specified in the Service Agreement or Statement of Work. All prices are in the currency specified in the agreement and are exclusive of applicable taxes unless otherwise stated.

7.2 Payment Schedule

Payment terms will be outlined in your Service Agreement. Typical payment structures include:

Upfront deposit (typically 30-50% of project cost)
Milestone-based payments
Final payment upon project completion
Monthly retainer for ongoing services

7.3 Late Payments

Late payments may be subject to interest charges of 1.5% per month (or the maximum rate permitted by law, whichever is lower). We reserve the right to suspend services for accounts with overdue balances.

7.4 Refunds

Refund policies are project-specific and will be detailed in your Service Agreement. Generally, deposits and payments for completed work are non-refundable.

8. Project Timeline and Delays

We will make reasonable efforts to meet agreed-upon timelines. However, timelines are estimates and may be subject to change due to:

Changes in project scope or requirements
Delays in receiving necessary materials or feedback from you
Technical complexities or unforeseen challenges
Force majeure events (see Section 15)

We are not liable for any losses or damages resulting from project delays, provided we have made reasonable efforts to communicate delays and their causes.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. For custom development projects, we typically provide a 30-90 day warranty period for bug fixes (as specified in your Service Agreement).

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN YOUR SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

We do not warrant that:

Our services will meet your specific requirements or expectations
The operation of our services will be uninterrupted, timely, secure, or error-free
Results obtained from using our services will be accurate or reliable
Any errors in our services will be corrected

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DARKIEE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, use, goodwill, or other intangible losses
Damages resulting from your access to or use of (or inability to access or use) our services
Unauthorized access to or alteration of your transmissions or data
Statements or conduct of any third party on our services

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM, OR ₹10,000, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Darkiee and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

Your access to or use of our services
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Any content or materials you provide to us
Any harm caused to any third party through your use of our services

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of these Terms.

Confidential information does not include information that:

Is or becomes publicly available through no breach of this agreement
Was rightfully in the receiving party's possession prior to disclosure
Is independently developed without use of confidential information
Is rightfully obtained from a third party without breach of any obligation

13. Termination

13.1 Termination by You

You may terminate your use of our services at any time by providing written notice. Termination does not relieve you of any payment obligations for work already performed.

13.2 Termination by Us

We may suspend or terminate your access to our services immediately, without prior notice or liability, for any reason, including:

Breach of these Terms
Non-payment of fees
Suspected fraudulent, abusive, or illegal activity
At our discretion for any business reason

13.3 Effect of Termination

Upon termination:

Your right to use our services will immediately cease
You remain responsible for any outstanding fees or charges
Provisions that by their nature should survive termination will survive (including indemnification, limitation of liability, and dispute resolution)

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

14.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or our services, the parties agree to first attempt to resolve the matter through good faith negotiation.

If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit to binding arbitration in Indore, Madhya Pradesh, India, in accordance with the Arbitration and Conciliation Act, 1996.

14.3 Jurisdiction

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Indore, Madhya Pradesh, India.

15. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from circumstances beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, or extreme weather conditions
War, terrorism, civil unrest, or government actions
Labor disputes or strikes
Internet or telecommunications failures
Pandemics or health emergencies
Supplier or vendor failures

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

Posting the updated Terms on our website with a new "Last Updated" date
Sending an email notification to registered users
Displaying a prominent notice on our website

Your continued use of our services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using our services.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with any Service Agreement or Statement of Work, constitute the entire agreement between you and Darkiee regarding our services and supersede all prior agreements and understandings.

17.2 Severability

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

17.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

17.6 Language

These Terms are provided in English. Any translation is provided for convenience only. In case of conflict, the English version prevails.