Last updated: 2026-08-05 · Plain text version of this document

Terms of Service

DRAFT — NOT YET IN FORCE. Liability caps, warranty disclaimers, governing law, and dispute resolution are the clauses most likely to be tested and the ones I am least able to set for you. Counsel must review before publication. Items marked [VERIFY] need a business decision.

1. Who this is between

These terms are between you and After Dark Systems, LLC, a limited liability company [VERIFY: state of formation].

They apply to the corporate site, our security products, and our infrastructure and API services. Our DNS and internet data intelligence services have their own terms at legal.dnsapi.ai.

If you are agreeing on behalf of an organisation, you confirm you have authority to bind it, and "you" means that organisation.

2. Your account

You need an account for most services. You must give accurate information, keep your credentials secure, and tell us promptly at security@afterdarksys.com if you believe your account is compromised.

Authentication runs through Authentik single sign-on. We support passkeys and multi-factor authentication, and we recommend both.

You must be at least 16 years old, or the age of digital consent where you live if that is higher.

3. Acceptable use

You may not use our services to:

Security products carry a stricter rule

Our security products can be used to cause harm. You may only use them against systems you own or where you hold documented authorisation from the owner. You are responsible for holding that authorisation, and for producing it if we ask. We may suspend access immediately where we reasonably believe a product is being used against a third party without permission.

4. Data you upload

You keep ownership of everything you upload. You grant us only the licence we need to run the service for you.

Where you upload personal data about other people — your employees, your users, credentials from your own breach exposure — you are the controller and we are your processor. That requires a Data Processing Agreement in addition to these terms. See the Security Services Addendum (plain text).

You are responsible for having a lawful basis for the data you give us.

5. Our intellectual property

We keep ownership of the services, our software, and our brands. These terms grant you a limited, non-exclusive, non-transferable, revocable right to use the services while your account is in good standing.

Where a component is open source, its own licence governs it and that licence wins over this section.

6. Fees

Paid plans are billed as described at purchase. Payment is processed by Stripe; we never see your full card number.

[VERIFY: business decisions needed — billing cycle, renewal terms, refund policy, price change notice period, what happens to data on non-payment.]

Fees exclude taxes unless stated. You are responsible for taxes other than those on our income.

7. Availability

We work to keep the services running but do not promise uninterrupted availability. We may take services down for maintenance, and will give notice where we reasonably can.

[VERIFY: no SLA currently offered. If any customer has been promised uptime commitments, they need to be written down here or in a separate SLA.]

8. Suspension and termination

You may stop using the services and close your account at any time.

We may suspend or terminate your access if you breach these terms, if we are required to by law, or if your use threatens the security or stability of the service or other customers. Where circumstances allow, we will warn you first and give you a chance to fix the problem.

On termination we will make your data available for export for [VERIFY: 30 days?], then delete it on the schedule in our Privacy Policy (plain text).

9. Warranties

The services are provided "as is". To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Our security products report what they find. They cannot find everything. A clean result is not a guarantee that a system is secure, and you must not represent it as one.

10. Liability

[VERIFY: cap needs a business decision. A common structure is fees paid in the preceding 12 months, with carve-outs for death or personal injury caused by negligence, fraud, and anything that cannot lawfully be limited.]

Nothing in these terms limits liability that cannot lawfully be limited. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

11. Indemnity

You will defend and indemnify us against third-party claims arising from your use of the services in breach of these terms, including any claim that you lacked authorisation to test a system you tested.

12. Changes

We may change these terms. For material changes we will give at least [VERIFY: 30 days?] notice to account holders. Continuing to use the services after a change takes effect means you accept it. If you do not accept, stop using the services and close your account.

13. Governing law and disputes

[VERIFY: governing law, venue, and whether to require arbitration. This is a material business decision with real consequences for cost and consumer rights — counsel should set it, and consumer protection law in the EU and UK limits how far it can go.]

14. General

If a provision is unenforceable, the rest survives. Our not enforcing a term is not a waiver of it. You may not assign these terms without our consent; we may assign them in a merger or sale of the business.

These terms, plus any addendum or order form you have signed, are the whole agreement between us.

15. Contact