Terms of Service

Last Updated: October 26, 2025

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:

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:

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:

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:

6. User Responsibilities and Prohibited Conduct

You agree not to:

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:

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:

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:

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:

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 $1,000, 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:

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:

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:

13.3 Effect of Termination

Upon termination:

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:

16. Changes to Terms

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

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.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: support@darkiee.com
Address: Indore, Madhya Pradesh, India
Website: www.darkiee.com

We will respond to all inquiries within 2-3 business days.

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