Terms of Service

1. Introduction and Acceptance

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and DarkStrata Ltd ("DarkStrata", "we", "us", "our"), a company registered in England and Wales (Company No: 16521338).

By accessing or using the DarkStrata platform, website, APIs, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not access or use our Services.

2. Definitions

In these Terms, unless the context otherwise requires:

• "Account" means the account created by you to access and use the Services.
• "Authorised Users" means the individuals authorised by you to access and use the Services under your Account.
• "Confidential Information" means any information disclosed by one party to the other that is marked as confidential or would reasonably be understood to be confidential.
• "Customer Data" means all data, content, and information submitted, uploaded, or otherwise provided by you or your Authorised Users to the Services.
• "Documentation" means the user guides, technical documentation, and other materials provided by DarkStrata relating to the Services.
• "Intellectual Property Rights" means patents, trademarks, service marks, copyright, database rights, design rights, know-how, trade secrets, and all other intellectual property rights, whether registered or unregistered.
• "Subscription" means your paid access to the Services for the applicable Subscription Term.
• "Subscription Term" means the period during which you have paid access to the Services, as specified in your order or subscription agreement.

3. Services

3.1 Provision of Services

Subject to your compliance with these Terms and payment of applicable fees, DarkStrata grants you a non-exclusive, non-transferable, revocable right to access and use the Services during the Subscription Term solely for your internal business purposes.

3.2 Service Availability

We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for planned maintenance (of which we will provide reasonable notice) and circumstances beyond our reasonable control. We do not guarantee uninterrupted or error-free operation of the Services.

3.3 Modifications to Services

We reserve the right to modify, update, or discontinue any aspect of the Services at any time. We will provide reasonable notice of any material changes that adversely affect your use of the Services. Continued use of the Services following such notice constitutes acceptance of the modifications.

3.4 Beta Features

We may offer beta or preview features that are not generally available. Such features are provided "as is" without warranty and may be modified or discontinued at any time without notice.

3.5 Free Tier Credential Check Licence

Where you access the Credential Check API without a paid subscription (the "Free Tier"), DarkStrata grants you a non-exclusive, non-transferable, revocable licence to use the Credential Check API solely for your own internal business purposes, namely verifying credentials submitted to websites, applications, and systems that you own or operate. The Free Tier is subject to a usage allowance of 500 credential checks per calendar month, which DarkStrata may vary on reasonable notice.

The Free Tier licence does not permit you to: (a) incorporate, embed, bundle, or otherwise make the Credential Check API available as part of any product, plugin, application, or service that you sell, license, resell, or otherwise supply to a third party; (b) operate the Credential Check API on behalf of, or for the benefit of, any third party, including as a managed service or agency arrangement; or (c) provide access to the Credential Check API, or its results, to any third party.

Any such use requires a separate written partner licence from DarkStrata. Use of the Free Tier for the purposes described above is a material breach of these Terms and DarkStrata may suspend or revoke the relevant API credentials immediately under clause 14. Where you create Free Tier API credentials you will be asked to confirm acceptance of this restriction, and that confirmation is recorded against the credential.

The Free Tier allowance applies per organisation, across all API credentials that organisation holds. You must not, and must not permit any person to, circumvent or attempt to circumvent the allowance, including by creating or operating multiple Accounts or organisations, by distributing usage across Accounts under common control, or by any other means. DarkStrata may aggregate usage across Accounts it reasonably believes to be under common control and apply a single allowance to them.

The Free Tier is provided "as is" and "as available". Clause 3.2 does not apply to it: DarkStrata gives no availability, uptime, latency, accuracy, or support commitment in respect of the Free Tier, and may rate limit, suspend, reduce the allowance for, or withdraw it at any time. You must not rely on the Free Tier where failure or unavailability of a credential check would cause loss, and you remain responsible for your own authentication and access controls irrespective of any result returned.

DarkStrata may monitor Free Tier usage to verify compliance with this clause 3.5 and may, on reasonable written notice, request information about how you use the Credential Check API and the websites, applications, and systems on which it is deployed. You agree to respond to such a request promptly and accurately. Failure to do so is grounds for suspension under clause 14.

This clause 3.5 does not apply to Credential Check access provided under a paid subscription or a partner licence, which is governed by the applicable order form or licence agreement. A trial does not constitute a paid subscription for the purposes of this clause, and credentials created during a trial remain subject to it when the trial ends.

4. Account Registration and Security

4.1 Account Creation

To use the Services, you must create an Account by providing accurate, current, and complete information. You agree to update your information to maintain its accuracy throughout the Subscription Term.

4.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must immediately notify us of any unauthorised access to or use of your Account.

4.3 Authorised Users

You may permit Authorised Users to access the Services under your Account, subject to your Subscription limits. You are responsible for ensuring that all Authorised Users comply with these Terms and are liable for any breach by your Authorised Users.

4.4 Eligibility

The Services are intended for business and professional use. By creating an Account or using the Services, you represent and warrant that you are at least 18 years old, that you are not a person or entity barred from receiving the Services under applicable sanctions or export-control laws, and that you will use the Services in a business or professional capacity and not to conduct personal surveillance of, or otherwise target, other individuals.

5. Customer Obligations

5.1 Acceptable Use

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

• Use the Services in any way that violates applicable laws or regulations
• Use the Services to infringe upon or violate the rights of any third party
• Use the Services to monitor, query, scan, profile, track, or analyse any domain, network, IP address, email address, account, individual, or other asset that you do not own or control, or that you are not expressly authorised in writing to monitor
• Use the Services to stalk, harass, threaten, intimidate, surveil, or exercise coercive control over any individual, including in connection with intimate-partner or domestic monitoring
• Use the Services to collect, aggregate, or expose personal data about any individual for the purposes of harassment, doxxing, or unlawful surveillance
• Provide false, stolen, or misleading identity, registration, verification, or payment information, or impersonate or misrepresent your affiliation with any person or organisation
• Attempt to gain unauthorised access to any systems, networks, or data
• Use the Services to transmit malware, viruses, or other harmful code
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use the Services to conduct vulnerability scanning or penetration testing against third parties without their explicit consent
• Resell, sublicense, or otherwise make the Services available to third parties without our prior written consent
• Remove or alter any proprietary notices or labels on the Services

5.2 Customer Data

You retain all rights in and to your Customer Data. By submitting Customer Data to the Services, you grant DarkStrata a non-exclusive, worldwide, royalty-free licence to use, copy, store, and process Customer Data solely for the purpose of providing and improving the Services.

You represent and warrant that you have all necessary rights and consents to submit Customer Data to the Services and that such submission does not violate any applicable laws or third-party rights.

5.3 Asset Ownership and Verification

Many features of the Services allow you to add, monitor, query, scan, or analyse domains, subdomains, IP addresses, email addresses, and other identifiers or assets (each an "Asset"). You represent and warrant that, for every Asset you add, submit, query, monitor, or analyse through the Services, you own or control that Asset, or are expressly authorised in writing by its owner or registrant to do so. This warranty applies regardless of whether the Asset is persistently added to your Account and regardless of whether we require verification for the feature in question.

Before granting access to features we designate as sensitive, we may require you to complete ownership verification, which may include DNS record checks, file-based verification, or verification via email addresses at the domain. Where we require verification, you must complete it before using the relevant feature, and we may withhold, restrict, or revoke access to any feature or Asset until verification is satisfactorily completed.

Adding, querying, or analysing an Asset for which you cannot or will not provide valid proof of ownership or authorisation, or providing falsified or misleading verification information, constitutes a material breach of these Terms. In such cases we may, without limiting our other rights, immediately suspend or permanently close your Account under Section 13.3 and withhold any refund of fees paid.

5.4 Security Research and Vulnerability Disclosure

DarkStrata does not operate a bug bounty programme and does not offer monetary rewards, swag, hall-of-fame recognition, or any other compensation in exchange for vulnerability reports or security research findings relating to the Services. Any security testing you perform against the Services remains subject to Section 5.1 (Acceptable Use); unauthorised scanning, testing, or exploitation of the Services, or of other customers' Accounts, is prohibited and may result in suspension or termination of your Account.

Responsible disclosure of suspected vulnerabilities is welcomed and should be submitted in accordance with our security.txt. Submitting a vulnerability report does not entitle you to any payment, recognition, or other reward, and does not create any contractual relationship beyond these Terms.

5.5 Lawful Basis for Third-Party Data

Where your use of the Services involves the monitoring, collection, or analysis of personal data relating to any individual other than yourself, you represent and warrant that you have a valid lawful basis for such processing under the UK GDPR and all other applicable data protection laws, and that you act as the data controller in respect of that processing. You are solely responsible for ensuring that your use of the Services complies with applicable data protection, privacy, surveillance, and anti-harassment laws, and you will indemnify DarkStrata in accordance with Section 12 for any breach of this Section.

5.6 Identity and Anti-Fraud

You must not create an Account or use the Services using a false, stolen, or misappropriated identity, nor impersonate or misrepresent your affiliation with any person or organisation. You must not submit false, stolen, or unauthorised payment details, and any chargeback, payment reversal, or fraudulent payment activity constitutes a material breach of these Terms. We may decline, suspend, or permanently close any Account that we reasonably believe has been created or used fraudulently, by a sanctioned person or entity, or otherwise in breach of this Section, without refund and without limiting our other rights.

5.7 Monitoring, Reporting, and Cooperation

We may log, monitor, and audit the Assets you query and the activity conducted through your Account in order to detect, prevent, and investigate breaches of these Terms, fraud, and unlawful use. You acknowledge that you have no expectation of anonymity in respect of such activity where we are investigating suspected abuse. Where we reasonably believe the Services are being used to stalk, harass, defraud, or otherwise harm any person, or to commit a criminal offence, we may report the relevant activity and associated Account information to law enforcement, regulators, or affected parties, and may preserve related records for that purpose.

6. Fees and Payment

6.1 Subscription Fees

You agree to pay all fees applicable to your Subscription as set out in your order or as displayed on our website. All fees are quoted in the currency specified and are exclusive of VAT and other applicable taxes unless otherwise stated.

6.2 Payment Terms

Unless otherwise agreed, fees are payable in advance for each Subscription Term. We may charge fees via credit card, direct debit, or invoice, as applicable to your Subscription. Partner (MSP) accounts are invoiced monthly in arrears for their client organisations, payable within 30 days of the invoice date. Late payments may be subject to interest at the rate of 4% above the Bank of England base rate.

6.3 Price Changes

We may change our fees by giving you at least 30 days' notice by email. For Subscriptions with a fixed Subscription Term, the new fees apply from your next renewal. For partner (MSP) accounts billed monthly in arrears, new fees and any change to your partner discount apply from the first calendar month that starts after the notice period ends. If you do not accept a change you may cancel your Subscription, or remove the affected client organisations, before it takes effect. You will not pay the new fees for any period before that date.

6.4 Refunds

Except as required by law or as expressly set out in these Terms, all fees are non-refundable. If we terminate your Account due to your breach of these Terms, no refund will be provided.

7. Intellectual Property

7.1 DarkStrata IP

The Services, including all software, algorithms, user interfaces, designs, documentation, and other materials, are owned by or licensed to DarkStrata and are protected by Intellectual Property Rights. Except for the limited rights expressly granted in these Terms, DarkStrata reserves all rights in and to the Services.

7.2 Feedback

If you provide us with suggestions, ideas, or feedback regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate such Feedback into the Services without any obligation to you.

7.3 Trademarks

"DarkStrata" and our logos are trademarks of DarkStrata Ltd. You may not use our trademarks without our prior written consent.

8. Confidentiality

Each party agrees to protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Neither party shall disclose the other's Confidential Information to any third party except as necessary to perform its obligations under these Terms or as required by law.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party prior to disclosure; (c) is rightfully obtained from a third party without restriction; or (d) is independently developed without use of the disclosing party's Confidential Information.

9. Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK GDPR and the Data Protection Act 2018.

Where we process personal data on your behalf as a data processor, our Data Processing Agreement applies and forms part of these Terms.

10. Warranties and Disclaimers

10.1 DarkStrata Warranties

DarkStrata warrants that:

• The Services will perform substantially in accordance with the Documentation during the Subscription Term
• We will provide the Services with reasonable skill and care
• We have the right to grant you access to the Services

10.2 Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARKSTRATA DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that all defects will be corrected. The Services are not intended to be the sole means of protecting your organisation against security threats, and you should implement appropriate security measures as part of a comprehensive security strategy.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.

11.2 Liability Cap

SUBJECT TO SECTION 11.3, DARKSTRATA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO DARKSTRATA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.3 Unlimited Liability

Nothing in these Terms limits or excludes either party's liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be limited or excluded under applicable law

12. Indemnification

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

• Your use of the Services in violation of these Terms
• Your Customer Data or any content you submit through the Services
• Your violation of applicable laws or third-party rights

13. Term and Termination

13.1 Term

These Terms commence when you first access the Services and continue until terminated in accordance with this Section.

13.2 Termination for Convenience

Either party may terminate these Terms at any time by providing written notice to the other party. If you terminate, your Subscription will continue until the end of the current Subscription Term, after which it will not renew.

13.3 Termination for Cause

Either party may terminate these Terms immediately upon written notice if:

• The other party materially breaches these Terms and fails to cure such breach within 30 days of receiving written notice
• The other party becomes insolvent, enters administration, liquidation, or any similar proceeding

We may also suspend or terminate your access to the Services immediately if we reasonably believe you are in breach of Section 5.1 (Acceptable Use).

13.4 Effects of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• You must pay any outstanding fees owed to DarkStrata
• We will delete your Customer Data within 90 days, unless retention is required by law or is reasonably necessary to investigate or evidence suspected breach of these Terms, fraud, or unlawful use, or to establish, exercise, or defend legal claims
• Sections that by their nature should survive termination will survive, including Sections 7, 8, 10, 11, 12, and 16

14. Suspension

We may suspend your access to the Services immediately if: (a) your Account is past due; (b) we reasonably believe your use poses a security risk to the Services or other customers; (c) we are required to do so by law; or (d) you are in breach of these Terms.

We will provide notice of suspension where practicable and will restore access promptly once the issue is resolved.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any order or subscription agreement, constitute the entire agreement between you and DarkStrata and supersede all prior agreements and understandings relating to the subject matter hereof.

15.2 Amendment

We may amend these Terms from time to time by posting updated Terms on our website. Material changes will be notified via email or through the Services. Your continued use of the Services after such notice constitutes acceptance of the amended Terms.

15.3 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms to any successor in interest or affiliate without restriction.

15.4 Waiver

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.

15.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

15.6 Third-Party Rights

These Terms do not confer any rights on any person or party other than the parties to these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

15.7 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, strikes, or government actions.

16. Governing Law and Disputes

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

16.2 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

16.3 Dispute Resolution

Before initiating any legal proceedings, the parties agree to attempt in good faith to resolve any dispute through negotiation. Either party may initiate the dispute resolution process by sending written notice to the other party describing the dispute.

17. Contact Us

If you have any questions about these Terms or our Services, please contact us:

Email: [email protected]
Website: darkstrata.io

DarkStrata Ltd
Registered in England and Wales
Company No: 16521338
VAT Registration No: GB495674335