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Terms of Service

The rules for using darkship, including how plans, billing, renewal and cancellation work.

Effective Version 1.0

01Acceptance and eligibility

These Terms of Service (“Terms”) are an agreement between you and Rock Application Systems, LLC (“Rock Application Systems, LLC”, “we”, “us”), a limited liability company incorporated in Delaware, United States, and they govern your use of the darkship website, console, REST API, evaluation service, SDKs and related documentation (together, the “Service”). Company registration: Delaware limited liability company, file number 10478325. Registered address: 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States.

By creating an account, signing in, or using the Service you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of an organisation, you confirm that you have authority to bind it, and “you” includes that organisation. You must be at least 18 years old and legally able to enter into a contract. If you do not agree, do not use the Service.

02Accounts and organisations

  • Give accurate information and keep it up to date. Verify your email address when asked to.
  • Keep your credentials, two-factor device, API tokens and SDK keys secret. You are responsible for activity under your account and keys until you revoke them. Server keys must never be placed in browser or mobile code; client keys exist for that purpose.
  • Each organisation has one or more Owners who control members, roles, billing and deletion. Owners are responsible for who they invite and for the permissions they grant.
  • Tell us promptly at security@darkship.tech if you suspect unauthorised access.
  • One person may not create accounts to avoid plan limits or a suspension.

03The Service

darkship lets you define feature flags and targeting rules, evaluate them in your applications with our SDKs or the evaluation API, and manage everything through the console and the REST API, including environments, scoped API tokens, webhooks and an audit log. Server SDKs evaluate flags inside your own process using a cached copy of your configuration.

We keep improving the Service and may add, change or remove features. We will give reasonable notice (at least 30 days where practical) before we remove a feature that paying customers rely on or make a breaking change to the REST API or the SDK wire protocol. Features marked beta, preview or proposed are provided for evaluation, may change or disappear, and are excluded from any availability commitment.

04Acceptable use

You agree not to, and not to allow others to:

  • break the law, infringe others’ rights, or use the Service to harm people, including to deliver malware or to run harassment, fraud or deceptive practices;
  • probe, scan or test the vulnerability of the Service, or bypass authentication, rate limits, quotas or plan limits, except as part of good-faith security research that follows our disclosure process (write to security@darkship.tech first);
  • disrupt the Service, send traffic intended to degrade it, or place an unreasonable load on it (for example by evaluating flags in a loop through the remote API instead of using an SDK cache);
  • access the Service by automated means other than the documented API, SDKs and tokens;
  • resell, sublicense or provide the Service to third parties as a competing service, or use it to build a competing product;
  • reverse engineer the hosted Service, except where applicable law allows it despite this restriction;
  • store in flag names, descriptions or rule values any special-category personal data, payment card numbers, passwords or other secrets.

We may investigate suspected violations and, as set out in Section 16, suspend access.

05Plans, subscription and auto-renewal

The Service is offered on a Free plan and on paid plans (currently Pro and Business), with Enterprise terms available by agreement. Prices, request quotas and limits on seats, projects, environments, flags and retention are listed on the pricing page, which forms part of these Terms for the plan you select. Prices are in US dollars. There is no per-seat or per-end-user pricing and no usage-based overage billing.

Paid subscriptions renew automatically. A subscription is billed in advance, monthly or annually as you choose, and renews at the end of each billing period for the same interval at the then-current price, until you cancel. Annual billing is discounted as shown on the pricing page. We will notify the billing contacts at least 30 days before a price increase takes effect, and a change applies only from the renewal after that notice, so you can cancel before it applies.

When you upgrade, the new plan applies as soon as the payment is confirmed, and the amount charged is shown to you at checkout before you pay. When you downgrade or cancel, the change takes effect at the end of the billing period you already paid for.

06Payment and taxes

  • Payments are processed by Stripe. We do not receive or store your full card number. By subscribing you authorise us, through Stripe, to charge your payment method for the plan, each renewal, upgrades and any taxes.
  • Fees are exclusive of taxes (such as VAT, GST, sales tax or withholding) unless stated. You are responsible for taxes that apply to your purchase, and we will add them where the law requires us to collect them. Provide accurate billing and tax information.
  • If a payment fails we retry and notify the billing contacts. The organisation then enters a grace period during which the Service keeps working and flags keep being served. If payment is not resolved by the end of the grace period, the organisation moves to the Free plan limits, and the console may restrict actions that exceed them (see Section 08).
  • If you dispute a charge, please contact us first at hello@darkship.tech so that we can fix it quickly.

07Cancellation and refunds

How to cancel. You can cancel at any time in the billing portal in the console, with no cancellation fee. Cancelling stops future renewals. The paid plan stays active until the end of the period you already paid for, and then the organisation moves to the Free plan. You may need to archive flags, members or projects that exceed the Free limits.

Refunds. Fees for a billing period that has started are non-refundable, and we do not give partial refunds for unused time, except where required by law or where we say otherwise in writing. If you buy as a consumer in Brazil, you keep the statutory right of withdrawal within seven days of the purchase of a distance contract (Consumer Defence Code, art. 49), and if you are a consumer elsewhere you keep the withdrawal and cancellation rights your local law gives you; to use them, write to hello@darkship.tech. If we cause a material, extended outage of a paid plan, you can ask for a credit or refund of the affected period and we will consider it in good faith.

Deleting the organisation. When an Owner requests deletion of an organisation, the subscription is set to end at the close of the current billing period, so it will not renew. See Section 16 and the Privacy Policy for the 30-day regret period.

08Quotas and service continuity

Each plan includes a monthly request quota. A request is a server SDK downloading or refreshing your configuration, or a remote evaluation call; evaluation inside a server SDK, console and management API calls, and webhook deliveries are not counted. When you approach or exceed a quota, or a payment is overdue, we notify you and may restrict console actions such as creating new flags, projects or members. We do not turn off the evaluation of your existing flags because of a quota or a billing state. You will not be charged overage, and we may ask you to move to a larger plan if you routinely exceed your quota.

09Your data

  • Ownership. You own the content you put into the Service: your flag configuration, rules, segments, project data and webhook settings (“Customer Data”). You give us a limited licence to host, process, copy and transmit it only as needed to provide, secure and support the Service and as these Terms allow.
  • Evaluation context. We do not store the evaluation context your applications send when they evaluate flags; see the Privacy Policy.
  • Personal data. For personal data of your own users that you place in the Service (for example identifiers in targeting lists), you are the controller and Rock Application Systems, LLC is your operator. You are responsible for having a lawful basis and for informing those people. Our Data Processing Agreement, available on request at dpo@darkship.tech, applies to that processing.
  • Export. You can export your audit log and configuration through the console and API during the term.
  • Aggregate data. We may use aggregated, de-identified usage statistics (such as counts of requests and flags) to operate, secure and improve the Service. They do not identify you or your end users.
  • Deletion. When an organisation is deleted, its data is erased after the 30-day regret period, subject to backups expiring and to legal retention duties described in the Privacy Policy.

10Intellectual property and feedback

Rock Application Systems, LLC and its licensors own the Service, including the software, design, documentation and trademarks. These Terms give you a limited, non-exclusive, non-transferable, revocable right to use the Service during the term in line with them, and do not transfer ownership of anything to you. Our SDKs and other open-source components are licensed under the licence stated in their repositories and packages, which governs your use of that code. If you give us feedback or suggestions, you allow us to use them without restriction or payment and without any duty to you.

11Third-party services

The Service works with third-party services, such as Stripe for payments, Google if you choose “Sign in with Google”, and the monitoring, logging and feature flag tooling in your own stack (for example OpenFeature). Their terms govern your use of them, and we are not responsible for them. Where we use providers to deliver the Service, they are listed as sub-processors in the Privacy Policy.

12Availability and support

We run the Service to be highly available. Server SDKs keep serving the last configuration they received if our service is unreachable, and fall back to the default values you define in code, so a temporary outage on our side should not stop your application. We publish status and incidents on the status page. Availability targets and response times are objectives and not guarantees, unless a separate written agreement signed by Rock Application Systems, LLC says otherwise. Planned maintenance will be announced where practical. Support is provided by email at hello@darkship.tech on a reasonable-efforts basis.

13Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available”. We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the Service will be uninterrupted, error-free or free of harmful components, or that it will meet your requirements. You are responsible for testing flags and rule changes before relying on them in production, and for providing sensible default values in your code. Nothing here limits warranties or rights that cannot be excluded under mandatory consumer law.

14Limitation of liability

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data, even if advised of the possibility; and (b) the total liability of Rock Application Systems, LLC arising out of or related to the Service or these Terms is limited to the greater of the fees you paid to us in the 12 months before the event giving rise to the claim and USD 100.

These limits do not apply to liability that cannot be limited by law, including liability for fraud, wilful misconduct, gross negligence, or death or personal injury, or to your payment obligations, and nothing in these Terms removes rights you hold under mandatory consumer protection law.

15Indemnification

If you are a business customer, you will defend and indemnify Rock Application Systems, LLC against third-party claims, and the resulting losses and reasonable costs, arising from your Customer Data, your breach of these Terms or your violation of law or third-party rights. We will tell you promptly about the claim, let you control the defence (we may take part at our expense) and not settle it without your consent where it would impose obligations on us. This section does not apply to consumers.

16Suspension and termination

  • By you. You can stop using the Service at any time, cancel your plan (Section 07) and delete your account or organisation.
  • By us. We may suspend or limit access, immediately where necessary to protect the Service, other customers or the law, if you breach these Terms or the acceptable use rules, put the Service or others at risk, fail to pay after the grace period, or if we are required to by law. Where practical we will give prior notice and a chance to fix the problem. We may also end a Free account that has been inactive for a long period after notifying you by email. We may end the Service or a plan for business reasons with at least 90 days’ notice, and refund prepaid fees for the period after the end date.
  • Effect. When access ends, your right to use the Service ends. Organisation deletion follows the 30-day regret period; during it SDK keys keep serving flags so your applications are not broken without warning, and an Owner can cancel the deletion. After that, data is erased as described in the Privacy Policy. Sections that by nature should survive (including payment obligations, intellectual property, disclaimers, liability, indemnity and governing law) survive termination.

17Changes to these Terms

We may update these Terms. We will post the new version here, change the version and effective date at the top, and notify organisation Owners by email at least 30 days before material changes take effect. If you do not agree to a change, you can cancel before it takes effect; continuing to use the Service after that date means you accept the new Terms. Changes required by law, or that do not reduce your rights, may take effect sooner.

18Notices

We may send notices to the email address on your account or billing contact, and by posting in the console or on the status page. You must keep those addresses up to date. Send legal notices to us at legal@darkship.tech.

19Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Before filing a claim, each party will try to resolve the dispute in good faith by written notice and discussion for 30 days. The state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and each party consents to their personal jurisdiction and venue, except that (a) if you are a consumer, you may bring proceedings in the courts of your place of residence where mandatory law gives you that right, and (b) either party may seek urgent injunctive relief in any competent court. The UN Convention on Contracts for the International Sale of Goods does not apply.

20General

  • Entire agreement. These Terms, the Privacy Policy, the pricing page for your plan, and any signed order form or Data Processing Agreement are the whole agreement about the Service. If they conflict, a signed document prevails over these Terms, and these Terms prevail over the pricing page.
  • Severability and waiver. If a provision is held unenforceable, the rest stays in force and the provision is applied to the extent allowed. Not enforcing a right is not a waiver of it.
  • Assignment. You may not assign these Terms without our written consent. We may assign them in a merger, acquisition or sale of assets, or to an affiliate, with notice to you.
  • Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, labour disputes, government action, or failures of the internet, power or upstream providers.
  • Language. The English version governs. A translation is provided for convenience only.
  • Relationship. We are independent contractors. Nothing creates a partnership, agency or employment relationship, and there are no third-party beneficiaries.

21Contact

Questions about these Terms: legal@darkship.tech. Billing and support: hello@darkship.tech. Privacy: dpo@darkship.tech.