Terms of Service

Version 3 · September 8, 2026

Last updated: September 8, 2026

1. Acceptance of Terms

By accessing or using Darkly Energized ("Service", as described in Section 2), 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.

If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind it, and "you" means that entity. If you do not have that authority, you accept these Terms personally.

2. Description of Service

Darkly Energized offers two things through this site. These Terms cover both, and "the Service" means both together.

Platform Services

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.

Platform Services are offered in multiple subscription tiers (Free, Basic, Pro, and Enterprise) with varying levels of access to data, indicators, saved charts, and API functionality.

Consulting Services

Darkly Energized also provides professional engineering and advisory services, including engineering sprints, fractional CTO retainers, system audits, and related work. Through this site you can describe a project, sign a non-disclosure agreement, and receive and sign the agreements that govern an engagement.

Describing a project does not create an engagement and does not oblige either of us to proceed. An engagement begins only when a Statement of Work is signed by both parties, and is governed by the agreements described in Section 15, which prevail over these Terms where they conflict.

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 canceled.

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.

Fees for Consulting Services are not subscriptions. They are set out in the Statement of Work for the engagement and are governed by the Master Services Agreement, not by this Section.

x402 Cryptocurrency Payments

Certain API endpoints support payment via the x402 protocol using USDC on the Base blockchain. By submitting an x402 payment, you acknowledge and agree to be bound by these Terms. x402 transactions are processed on-chain and are irreversible and non-refundable. You are solely responsible for ensuring the correctness of your payment. x402 access is limited to Darkly Energized computed series and is subject to rate limits as described in Section 11.

5. NOT FINANCIAL ADVICE

The Platform Services are provided for informational and educational purposes only. Nothing on this platform constitutes financial advice, investment advice, trading advice, or any other sort of professional advice. We do not recommend or endorse any specific securities, investments, or trading strategies.

You should consult with a qualified financial advisor, broker, or other professional before making any investment decisions. No fiduciary relationship is created between you and Darkly Energized LLC by your use of the Platform Services.

This Section is about the Platform Services. Consulting Services are professional services delivered under a Statement of Work, and anything we say or provide while scoping or proposing one; what they are, what they are not, and what is disclaimed about them is set out in our Disclaimer and in the agreements governing the engagement.

6. Assumption of Risk

Financial markets are inherently volatile and unpredictable. By using the Platform Services, 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 Platform Services aggregate 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.

This cap applies to the Service as described in these Terms. Liability arising under an engagement is capped by the Master Services Agreement for that engagement, and Section 15 governs which applies.

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.

This Section does not affect the ownership of work produced for you under an engagement. Deliverables created under a Statement of Work are assigned to you on the terms of the Master Services Agreement, and Section 15 governs.

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.

Access via x402 pay-per-call is subject to the same usage restrictions as authenticated API access. IP-based rate limits apply, at the levels published in our API documentation. Only Darkly Energized computed series are available via x402; raw upstream data requires a subscription.

A project token issued to you for describing a project is subject to this Section as if it were an API key. It may create and edit your own projects and nothing else.

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 close your account at any time from your account settings, or 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.

This Section does not permit us to end an engagement. An engagement ends only as its own agreements provide, and closing your account does not terminate an agreement you have signed or remove our obligation to keep the record of it.

14. Governing Law & Dispute Resolution

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

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

This arbitration agreement does not apply to any dispute arising out of or relating to a Mutual Non-Disclosure Agreement, Master Services Agreement, or Statement of Work between us. Whether a dispute falls within this arbitration agreement or within this paragraph is for a court, not an arbitrator, to decide. Where a dispute arises out of or relates to both these Terms and one of those agreements, that agreement’s dispute resolution provisions govern the whole of it. Those disputes are governed by the dispute resolution provisions of the agreement in question, including its choice of court, and nothing in this Section limits either party's right to seek injunctive relief where that agreement allows it.

15. Which agreement governs

If you have signed an agreement with us (a Mutual Non-Disclosure Agreement, a Master Services Agreement, or a Statement of Work), then for anything within that agreement's subject matter, that agreement governs and prevails over these Terms to the extent they conflict.

For everything else, including your use of the Platform Services and your account, these Terms govern.

These Terms (including our Privacy Policy and Disclaimer, which are incorporated by reference) and any agreements you have signed are the entire agreement between us on their respective subjects, and replace any earlier understanding on those subjects.

16. 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.

Changes to these Terms do not change an agreement you have already signed.

17. Contact

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