Terms of Service

Welcome to DarkFeature. These Terms of Service ("Terms") govern your use of our feature flag management platform and related services (collectively, the "Services") provided by DarkFeature ("we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Services. These Terms apply to all visitors, users, and others who access or use the Services.

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last Updated" date.

• "Services" means the DarkFeature feature flag management platform, including all features, functionality, and content.
• "User," "you," "your" means any individual or entity that accesses or uses the Services.
• "Content" means any data, information, or materials that you upload, store, or process through the Services.
• "Account" means the account you create to access and use the Services.

To use our Services, you must be at least 16 years old and have the legal capacity to enter into these Terms. You may not use the Services if you are prohibited from receiving services under applicable law.

When you create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate DarkFeature, a DarkFeature employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services
• To attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
• To introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful

DarkFeature provides a feature flag management platform that allows you to:

• Create and manage feature flags for your applications
• Target users based on various attributes and conditions
• Conduct A/B testing and experimentation
• Monitor feature flag usage and performance
• Integrate with your existing development workflow

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice to users.

You retain ownership of any content you upload, store, or process through our Services. By using our Services, you grant us a limited license to use, store, and process your content solely for the purpose of providing the Services to you.

You are solely responsible for the content you upload and ensure that:

• You have the right to use and share such content
• The content does not violate any applicable laws or regulations
• The content does not infringe on the rights of any third party
• The content is not harmful, offensive, or inappropriate

We may remove any content that violates these Terms or is otherwise objectionable, though we have no obligation to review content.

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure.

You are responsible for ensuring that your use of the Services complies with applicable data protection laws, including but not limited to GDPR, CCPA, and other privacy regulations.

Some features of our Services may require payment. All fees are non-refundable except as expressly stated in these Terms or as required by law.

You agree to pay all fees associated with your use of the Services in accordance with the pricing and payment terms presented to you. We may change our pricing with 30 days' notice.

If you fail to pay any fees when due, we may suspend or terminate your access to the Services. You are responsible for all taxes associated with your use of the Services.

The Services and their original content, features, and functionality are and will remain the exclusive property of DarkFeature and its licensors. The Services are protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. You may not use any of our intellectual property without our express written permission.

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or us.

Upon termination, your right to use the Services will cease immediately. We may delete your account and all associated data, though we may retain certain information as required by law or for legitimate business purposes.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DARKFEATURE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not warrant the accuracy, completeness, or usefulness of any information provided through the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARKFEATURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

IN NO EVENT SHALL DARKFEATURE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

You agree to defend, indemnify, and hold harmless DarkFeature and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party right
• Any content you upload or share through the Services

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

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California.

You and DarkFeature agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

These Terms constitute the entire agreement between you and DarkFeature regarding the use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If we waive any terms of these Terms in an individual circumstance, that waiver will not be considered a waiver of any terms or conditions on any other occasion.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.