DarkHorse – Terms of Service

Last updated: July 30, 2025

1. ACCEPTANCE OF TERMS

By accessing or using any website, landing page, application, offer, or communication owned by DarkHorse ("Company," "we," "our," "us"), you ("Client," "you") agree to these Terms of Service ("Terms"). If you do not agree, do not use our Services.

2. SERVICES

DarkHorse provides marketing strategy, paid‑ads management, funnel builds, automation, and related consulting ("Services"). Specific deliverables and timelines are outlined in the relevant proposal, service agreement, or order form ("Order").

3. ELIGIBILITY

You must be at least 18 years old and legally able to enter contracts to use our Services.

4. CLIENT RESPONSIBILITIES

• Provide accurate information, creative assets, and timely approvals.

• Maintain all required licenses, permits, and compliance obligations (e.g., industry regulations, platform policies).

• Comply with anti‑spam laws (e.g., CASL, TCPA, CAN‑SPAM) when emailing or texting leads supplied by DarkHorse.

5. FEES & PAYMENT

• Fees are listed in your Order (e.g., $100 deposit + $998 balance for the Done‑For‑You Ad Launch).

• Charges are due in the currency stated, via the payment method you select.

• Late payments accrue 1.5 % interest per month (or the maximum allowed by law).

• Deposits are non‑refundable unless otherwise stated in writing.

6. INTELLECTUAL PROPERTY

• DarkHorse retains ownership of all pre‑existing intellectual property and proprietary frameworks.

• Upon full payment, you receive a non‑exclusive, perpetual license to use final deliverables for your own business marketing.

• You grant us a limited license to display your logo, testimonials, and results in our portfolio unless you opt‑out in writing.

7. RESULTS & GUARANTEES

Marketing performance depends on many factors outside our control (market conditions, budget, creative, offers). We do not guarantee specific leads, sales, or ROI unless expressly stated in a signed performance guarantee agreement.

8. CONFIDENTIALITY

Both parties agree to keep each other's non‑public information confidential and use it only for fulfilling the Order.

9. DATA PROTECTION

• We handle personal data in accordance with our Privacy Policy.

• You represent that you have lawful grounds to share any customer data you pass to us.

10. DISCLAIMER OF WARRANTIES

Services are provided "as is" and "as available." DarkHorse disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.

11. LIMITATION OF LIABILITY

To the maximum extent permitted by law, DarkHorse's total liability for any claim arising out of or relating to these Terms or Services will not exceed the fees you paid us in the 90 days preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold DarkHorse harmless from any claims, damages, or expenses arising out of (a) your breach of these Terms, (b) your content, products, or services, or (c) your violation of any law or third‑party rights.

13. TERMINATION

• Either party may terminate an Order for material breach with 10 days' written notice and opportunity to cure.

• We may pause or terminate Services immediately if your account is past due or you engage in unlawful or unethical marketing practices.

• Sections 6–13 survive termination.

14. GOVERNING LAW & VENUE

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict‑of‑laws principles. Any dispute shall be resolved exclusively in the provincial or federal courts located in Vancouver, BC.

15. DISPUTE RESOLUTION

Before filing suit, parties agree to attempt in good faith to resolve disputes through a 30‑day informal negotiation. If unresolved, disputes may be referred to mediation or binding arbitration by mutual consent.

16. MODIFICATIONS

We may update these Terms at any time. Material changes become effective when posted. Continued use of Services after an update constitutes acceptance.

17. SEVERABILITY

If any provision is held unenforceable, the remaining provisions remain in effect.

18. ENTIRE AGREEMENT

These Terms, together with any Order and our Privacy Policy, form the entire agreement between the parties and supersede all prior discussions.

19. CONTACT

Questions? Email [email protected]