Terms & Conditions

01. Agreement Parties & Corporate Entity

These Commercial Terms and Conditions ("Terms", "Agreement") constitute a legally binding contract entered into by and between Dark Energies LLC ("Company", "Dark Energies", "we", "us", or "our"), an entity registered and lawfully existing under the corporate laws of the United States, and the customer, client, or corporate entity ("Client", "you", or "your") contracting for services or accessing darkenergies.in.

By accepting a formal Statement of Work (SOW), issuing a purchase order, authorizing an estimate, remitting an invoice deposit, or using our deliverables, you explicitly confirm that you possess lawful authority to bind your organization to these Terms in full.

02. Scope of Technology & Growth Services

Dark Energies delivers four primary pillars of professional digital engineering and growth services:

• Mobile App Development: Native iOS (Swift), native Android (Kotlin), and cross-platform (Flutter, React Native) mobile engineering, API integrations, biometric authorization, offline synchronization, in-app billing, and App Store / Google Play publishing support.
• Custom Software Development: Enterprise SaaS platforms, distributed cloud microservices, bespoke internal CRM/ERP software, relational database architecture (PostgreSQL), REST/GraphQL APIs, role-based security (RBAC), and legacy code modernization.
• Website Development: High-performance corporate web platforms, client portals, Jamstack web applications, headless CMS implementations, sub-second TTFB edge routing, and technical SEO architecture.
• Google Ads Management: Full-funnel performance marketing across Google Search Ads, Performance Max, Display Network, and YouTube. Encompasses keyword intent research, copy testing, negative keyword maintenance, server-side GA4/GTM conversion tracking, and ongoing bid optimization.

03. Statements of Work (SOW) & Sprint Execution

Every software, website, or marketing engagement is governed by an executed Statement of Work (SOW) or digital contract that defines:

• Specific technical deliverables, user stories, and architectural specifications.
• Phased sprint milestones, acceptance criteria, and delivery timelines.
• Pricing structure (Fixed-Scope Milestone or Dedicated Growth Retainer).

Any modification, feature expansion, or technical deviation requested by the Client outside the active SOW will be formalized through a written Change Order specifying additional timeline and budgetary adjustments before engineering commences.

04. Fees, Invoicing Currency & Payment Terms

• Electronic Payment Methods: Invoices may be settled via domestic Automated Clearing House (ACH) transfer, Federal Reserve Wire Transfer, international SWIFT wire (processed directly via our US banking partner Mercury Technologies / partner depository banks), or authorized corporate credit cards via Stripe.
• Payment Triggers: Milestone payments are invoiced upon completion and delivery of specified sprint objectives. Ongoing marketing retainers are invoiced monthly in advance of each 30-day service cycle.
• Due Dates: Invoices are due upon receipt or Net 15 days as explicitly stated on the invoice. Unpaid balances past thirty (30) days accrue interest at 1.5% per month or the maximum rate permissible by US law, whichever is lower.
• Suspension of Services: In the event of non-payment exceeding 15 business days following formal notice, Dark Energies reserves the right to suspend active sprint deployments, Google Ads campaign management, and code releases until accounts are reconciled.

05. Intellectual Property (IP) Rights & Code Transfer

Dark Energies retains sole ownership of its pre-existing proprietary developer tooling, boilerplate code scaffolds, open-source libraries, and generic utility modules ("Company Tools"). Dark Energies grants Client a perpetual, royalty-free, worldwide, non-exclusive license to use and execute such Company Tools strictly as embedded within the delivered custom software.

06. Client Responsibilities & Materials

Timely project delivery requires active Client collaboration. The Client agrees to:

• Provide required brand assets, copy, third-party API credentials, and domain access within five (5) business days of request.
• Review sprint deliverables and provide consolidated feedback within ten (10) business days of milestone submission.
• Represent and warrant that all content, logos, data, and trademarks supplied to Dark Energies do not infringe upon any third-party intellectual property or privacy rights.

07. Mutual Confidentiality & Non-Disclosure

"Confidential Information" encompasses all proprietary business strategies, source code, financial terms, trade secrets, customer databases, and architectural designs exchanged between parties. Both parties agree to:

• Maintain absolute confidentiality and prevent unauthorized dissemination using at least the same degree of care used to protect their own proprietary assets.
• Restrict disclosure strictly to authorized employees, contractors, and legal advisors who have signed equivalent non-disclosure covenants.
• Confidentiality obligations survive for a duration of three (3) years following the termination or completion of the contract.

08. 30-Day Post-Launch Bug Warranty & Disclaimers

30-Day Software Warranty: Dark Energies warrants that all custom mobile applications, software, and websites delivered under an SOW will perform substantially in accordance with agreed specifications for a period of thirty (30) calendar days following formal client sign-off. Any material reproducible bug reported within this period will be debugged and resolved by Dark Energies at zero additional cost.

Google Ads & Marketing Performance Disclaimer: Dark Energies executes Google Ads Management with industry-leading optimization, high-intent targeting, and rigorous ROAS modeling. However, the Client acknowledges that advertising platform auction algorithms (Google LLC), consumer demand fluctuations, and competitor bidding are third-party variables; therefore, Dark Energies cannot and does not guarantee specific revenue quotas or inbound sales figures.

09. Limitation of Liability

To the maximum extent permitted by applicable law of the United States:

• Neither party shall be liable to the other for indirect, incidental, consequential, punitive, or special damages, including lost profits, loss of data, business interruption, or procurement of substitute services.
• The total aggregate liability of Dark Energies LLC arising out of or related to any project engagement, whether in contract, tort (including negligence), or otherwise, is strictly capped at the total amount of fees actually paid by the Client to Dark Energies under the specific SOW during the three (3) months preceding the incident giving rise to liability.

10. Term, Cancellation & Termination

Termination for Convenience: Either party may terminate an ongoing retainer agreement (such as Google Ads Management or monthly maintenance) by providing fourteen (14) calendar days written notice prior to the start of the next billing cycle.

Termination for Cause: Either party may immediately terminate an active contract upon written notice if the other party commits a material breach and fails to cure such breach within fifteen (15) calendar days of receiving written notice.

Upon termination, the Client remains responsible for payment of all work completed, milestone deliverables handed over, and billable hours incurred up to the effective termination date.

11. Governing Law & Dispute Resolution

This Agreement and any dispute, controversy, or claim arising out of or relating to our business engagements shall be governed by, construed, and enforced in accordance with the laws of the United States of America, without regard to conflicts of law principles.

In the event of any commercial disagreement, both parties commit to engaging in good-faith executive consultations for a minimum of thirty (30) days. Any dispute not resolved through mutual dialogue shall be submitted to final and binding commercial arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association (AAA), or resolved in courts of competent jurisdiction in the United States.

12. Corporate Legal Contact

For contractual notifications, Master Service Agreements (MSAs), custom SOWs, or legal inquiries, please contact our administrative counsel: