Terms of Service

1. Acceptance of Terms

By accessing or using the Darkly Energized platform ("Service"), operated by Darkly Energized LLC ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age.

2. Description of Service

Darkly Energized provides financial data visualization tools, composite liquidity indicators, and market data aggregation. The Service aggregates data from third-party sources including the Federal Reserve (FRED), central banks (Bank of Canada, Bank of Korea, Bank for International Settlements (BIS), and others), CoinGecko, and others.

The Service is offered in multiple subscription tiers (Free, Basic, and Pro) with varying levels of access to data, indicators, saved charts, and API functionality.

3. Account Registration

To access certain features, you must create an account using email and password or Google OAuth. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

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.

4. Subscriptions & Billing

Paid subscriptions are processed through Stripe. By subscribing to a paid tier, you authorize us to charge your payment method on a recurring basis. Subscriptions automatically renew at the end of each billing period unless cancelled.

You may cancel your subscription at any time through your account settings or the Stripe customer portal. Cancellation takes effect at the end of the current billing period. No partial refunds will be issued for the remaining portion of a billing period.

We reserve the right to change pricing with reasonable notice. Continued use of the Service after a pricing change constitutes acceptance of the new pricing.

6. Assumption of Risk

Financial markets are inherently volatile and unpredictable. By using the Service, you acknowledge and accept that:

• You bear full responsibility for your own investment and trading decisions.
• Data provided may be delayed, incomplete, or inaccurate due to third-party source limitations.
• Composite indicators and computed series are analytical tools, not predictive instruments.
• Past performance of any indicator or data series does not guarantee future results.
• You may lose some or all of your invested capital.

7. No Warranty on Data Accuracy

The Service aggregates data from third-party sources including the Federal Reserve Economic Data (FRED), Bank of Canada, Bank of Korea, Bank for International Settlements (BIS), CoinGecko, and others. We do not control these sources and make no guarantees regarding the accuracy, completeness, timeliness, or reliability of the data they provide.

Computed indicators (including liquidity composites and technical analysis overlays) are derived from this third-party data using algorithmic methods. These computations are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express or implied.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARKLY ENERGIZED LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or other intangible losses resulting from your use of the Service.
• Trading losses or investment losses based on data, indicators, or information obtained through the Service.
• Interruption, suspension, or termination of the Service.
• Errors, inaccuracies, or omissions in data or content.

In no event shall our total liability exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100) for users on the free tier, whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless Darkly Energized LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or reliance on the Service.
• Any investment or trading decisions you make.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.

10. Intellectual Property

All content, features, and functionality of the Service — including but not limited to text, graphics, logos, icons, software, composite indicator algorithms, and design — are the exclusive property of Darkly Energized LLC and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes, subject to these Terms.

11. API Usage

Access to the API is subject to rate limits based on your subscription tier. You agree not to:

• Exceed published rate limits or attempt to circumvent them.
• Scrape, redistribute, or resell data obtained through the API.
• Share your API keys with third parties.
• Use the API in a manner that degrades the Service for other users.

API keys are confidential. You are responsible for all activity that occurs using your API keys.

12. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose.
• Attempt to reverse engineer, decompile, or disassemble any part of the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Attempt to gain unauthorized access to the Service or its related systems.
• Use automated means to access the Service except through the provided API.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may cancel your account at any time by contacting support.

Upon termination, your right to use the Service ceases immediately. Sections relating to intellectual property, limitation of liability, indemnification, assumption of risk, and governing law shall survive termination.

14. Governing Law & Dispute Resolution

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

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via email. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

16. Contact

If you have any questions about these Terms, please contact us at support@darklyenergized.com or visit our contact page.