Terms of Service
1. Acceptance
These Terms of Service ("Terms") govern your access to and use of darkmatterhub.ai and all related APIs, SDKs, dashboards, and services (collectively, the "Service"). By creating an account, accessing the Service, or using any API key, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.
2. The Service
DarkMatter provides an independent verification and audit layer for AI agent decisions. The Service records, hashes, and makes verifiable cryptographic commitments ("Records") of AI agent inputs, outputs, and associated metadata submitted by you or your agents via the API.
What DarkMatter does not do: The Service is an audit infrastructure layer. We do not interpret the content of your Records, guarantee their legal admissibility in any jurisdiction, certify the accuracy of any AI decision recorded, or act as a compliance advisor. Records are cryptographically tamper-evident, not legally certified.
3. Accounts and Access
You must provide accurate information when creating an account. You are responsible for all activity that occurs under your account, including all API usage under your API keys. You must notify us immediately at [email protected] if you suspect unauthorized access. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.
4. Fees and Payment
Paid plans are billed in advance on a monthly basis through Stripe. All fees are in US dollars. Prices are subject to change with 30 days notice. Fees paid are non-refundable except where required by applicable law or where we have failed to provide the Service as described. You authorize us to charge your designated payment method for all applicable fees. If payment fails, we may suspend your access until payment is resolved.
Free plan usage is subject to the commit limits described on our pricing page. We reserve the right to modify free plan limits at any time with reasonable notice.
5. Acceptable Use
You may not use the Service to:
- Submit data that violates any applicable law or third-party rights
- Attempt to reverse-engineer, probe, or compromise Service infrastructure
- Resell or sublicense access to the Service without written permission
- Submit personally identifiable health, financial, or biometric data without appropriate safeguards
- Use the Service to build a competing audit infrastructure product
- Transmit malware, spam, or data designed to disrupt the Service
- Misrepresent the authenticity or chain of custody of any Record
We reserve the right to suspend or terminate access for any violation of this section without prior notice.
6. Your Data and Records
You retain ownership of all payload data you submit to the Service ("Customer Data"). By submitting Customer Data, you grant us a limited, non-exclusive license to store, hash, process, and make your Records verifiable solely as necessary to provide the Service.
We do not sell your Customer Data. We do not use Customer Data to train AI models. We may collect and use aggregated, anonymized usage metrics (commit volume, API call frequency, error rates) for product improvement.
You are responsible for ensuring you have the right to submit any Customer Data to the Service, including any data relating to third parties or your users.
7. Record Integrity and Verification
DarkMatter commits your Records to a cryptographic hash chain stored on our infrastructure. This provides tamper-evidence: any modification to a committed Record is detectable. However:
- We do not guarantee the accuracy, completeness, or truthfulness of the payload content you submit
- We do not provide legal certification of any Record
- Record availability is subject to our infrastructure uptime; we target 99.9% availability but do not guarantee it
- Records on the Free plan are subject to the stated retention window; we may delete Records beyond the retention window without additional notice
8. Intellectual Property
All software, infrastructure, APIs, SDKs, documentation, and interface elements of the Service are owned by us. You may use the Service only as permitted by these Terms. The DarkMatter name, sigil, and brand elements are proprietary. You may not use them without written permission.
Open source components of our SDKs (darkmatter-sdk, darkmatter-js) are governed by their respective open source licenses as published on GitHub.
9. Confidentiality
Each party may disclose confidential information to the other in connection with the Service. Each party agrees to hold the other's confidential information in reasonable confidence and not use it for purposes outside the Service relationship. This obligation survives termination for three (3) years, except for trade secrets which are protected indefinitely.
10. Term and Termination
These Terms are effective when you first access the Service and continue until terminated. Either party may terminate at any time. Upon termination:
- Your access to the Service ends immediately
- You may export your Records for 30 days following termination (except termination for cause)
- We may delete your Customer Data after the export period
- No refund is owed for any prepaid period
We may terminate immediately for material breach, including violation of the Acceptable Use section above.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT RECORDS WILL BE ADMISSIBLE AS EVIDENCE IN ANY LEGAL PROCEEDING.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Indemnification
You agree to indemnify, defend, and hold harmless DarkMatter and its founder, operators, officers, directors, employees, contractors, affiliates, successors, and assigns (collectively, "DarkMatter Parties") from any claims, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising from: (i) your use of the Service; (ii) your Customer Data; (iii) your violation of these Terms; (iv) your violation of any applicable law; or (v) your violation of any third-party rights. DarkMatter reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with DarkMatter's defense of such claim.
14. Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute arising from these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in New York, New York. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
15. Modifications
We may update these Terms at any time. We will post the revised Terms with an updated date. For material changes, we will make reasonable efforts to notify you by email. Your continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.
16. Miscellaneous
These Terms constitute the entire agreement between you and us regarding the Service. If any provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect. Our failure to enforce any right or provision does not constitute a waiver. You may not assign these Terms without our written consent. We may assign these Terms freely.
For questions about these Terms, contact us at [email protected].