Terms of Service

1. Definitions

• "Service" refers to the DarkSmart smart home platform, including all software, websites, mobile apps, APIs, and related services.
• "User," "you," or "your" refers to any individual or entity using the Service.
• "Account" refers to your registered DarkSmart user account.
• "Content" refers to any data, information, text, software, or materials uploaded, submitted, or transmitted through the Service.
• "Device" refers to any smart home device connected to or controlled through the Service.

2. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated by reference. These Terms constitute a legally binding agreement between you and DarkSmart.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Eligibility

You must be at least 18 years old to create an account and use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using the Service under applicable laws
• All information you provide is accurate, current, and complete

4. Account Registration and Security

4.1 Account Creation

To use certain features of the Service, you must create an account by providing:

• A valid email address
• Your full name
• A secure password
• Any additional information required during registration

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using a strong, unique password and enabling two-factor authentication if available

4.3 Account Restrictions

You agree NOT to:

• Share your account credentials with others
• Create multiple accounts for abusive purposes
• Impersonate another person or entity
• Use automated systems (bots) to create accounts
• Sell, trade, or transfer your account to others

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service to:

• Control and automate compatible smart home devices
• Create automation flows and schedules
• Integrate with supported third-party platforms (Google Home, MQTT, Matter)
• Access and manage your account settings and data

5.2 Prohibited Activities

You agree NOT to:

• Violate Laws: Use the Service for any illegal purpose or in violation of local, national, or international laws
• Infringe Rights: Violate intellectual property rights, privacy rights, or other rights of third parties
• Abuse the Service: Attempt to gain unauthorized access, reverse engineer, or disrupt the Service
• Harm Others: Harass, threaten, stalk, or harm other users
• Spam or Phish: Send unsolicited communications or engage in phishing activities
• Distribute Malware: Upload viruses, malware, or malicious code
• Overload Systems: Excessively use resources or attempt to overwhelm our infrastructure
• Scrape Data: Use automated tools to scrape or collect data without permission
• Resell Service: Resell or commercially exploit the Service without authorization

6. Service Usage and Limitations

6.1 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency repairs or security updates
• Third-party service disruptions (Google Cloud, internet providers)
• Force majeure events beyond our control

6.2 Usage Limits

We may impose reasonable usage limits, including but not limited to:

• Maximum number of devices per account
• API rate limits
• Storage limits for automation rules and logs
• Bandwidth restrictions for data-intensive features

Current usage limits will be communicated through our documentation or app interface.

6.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of significant changes.

7. Third-Party Services and Integrations

7.1 Third-Party Platforms

DarkSmart integrates with third-party platforms including Google Home, MQTT brokers, and Matter-compatible devices. Your use of these integrations is subject to their respective terms and privacy policies:

• Google Home: Google Terms of Service
• Device Manufacturers: Each device manufacturer's terms apply to their hardware

7.2 No Endorsement

The availability of third-party integrations does not constitute an endorsement of those services. We are not responsible for the content, products, or services of third parties.

7.3 Integration Changes

Third-party integrations may be modified or discontinued at any time due to API changes, policy updates, or other factors beyond our control.

8. Intellectual Property Rights

8.1 DarkSmart Ownership

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, software, and documentation, are the exclusive property of DarkSmart and are protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.

8.3 Restrictions

You may NOT:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any software
• Remove or alter copyright notices or trademarks
• Use our trademarks without prior written permission

8.4 User Content

You retain ownership of any content you create or upload (automation rules, device names, custom configurations). By using the Service, you grant us a license to use this content solely to provide and improve the Service.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy commitments:

• We never sell your personal data
• All data is encrypted in transit and at rest
• You can export or delete your data at any time
• We comply with GDPR and applicable data protection laws
• Voice recordings are processed by third-party providers (Google), not by DarkSmart

10. Fees and Payment (Future Implementation)

The Service is currently provided free of charge. In the future, we may introduce premium features or subscription plans. If implemented:

• Pricing will be clearly communicated in advance
• Existing users will receive advance notice before any charges apply
• You may cancel subscriptions at any time
• Refund policies will be detailed in the subscription terms

11. Disclaimers and Warranties

11.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of uninterrupted or error-free operation
• Warranties regarding accuracy or reliability of information
• Warranties of compatibility with all devices or platforms

11.2 Device Compatibility

While we strive for broad device compatibility, we do not guarantee that the Service will work with all smart home devices, network configurations, or third-party platforms.

11.3 Security Disclaimer

While we implement industry-standard security measures, no system is completely secure. You acknowledge that you use the Service at your own risk and that we cannot guarantee absolute security.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARKSMART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or business opportunities
• Service interruptions or data breaches
• Device damage or malfunction
• Personal injury or property damage
• Third-party claims or actions

12.2 Liability Cap

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid to DarkSmart (if any) in the 12 months preceding the claim, or $100 USD, whichever is greater.

12.3 Basis of the Bargain

These limitations reflect the allocation of risk between the parties and are fundamental elements of the agreement between you and DarkSmart.

13. Indemnification

You agree to indemnify, defend, and hold harmless DarkSmart, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your negligence or willful misconduct

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Using the "Delete Account" feature in the mobile app (Settings → Account → Delete Account)
• Emailing us at imedimami@gmail.com

Account deletion is permanent and results in the removal of all your data within 30 days.

14.2 Termination by DarkSmart

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms or our Acceptable Use Policy
• You engage in fraudulent or illegal activities
• Your account poses a security risk
• We are required to do so by law
• We discontinue the Service (with reasonable notice)

14.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• Your data will be deleted according to our retention policies
• You remain liable for any obligations incurred before termination
• Sections of these Terms that should survive (liability, indemnification, etc.) will continue to apply

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Algeria, without regard to conflict of law principles. For EU/EEA users, mandatory consumer protection laws of your country of residence shall also apply.

15.2 Jurisdiction

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in Algiers, Algeria, except where mandatory consumer protection laws require otherwise.

15.3 Informal Resolution

Before pursuing formal legal action, we encourage you to contact us at imedimami@gmail.com to resolve disputes informally. We commit to working in good faith to reach a mutually acceptable resolution.

15.4 Arbitration (Optional)

For disputes that cannot be resolved informally, parties may agree to binding arbitration under the rules of the Algerian Chamber of Commerce, conducted in English or French.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DarkSmart regarding the Service and supersede all prior agreements.

16.2 Modifications to Terms

We may modify these Terms at any time. Material changes will be communicated via:

• Email notification to your registered address
• In-app notification
• Prominent notice on our website

Continued use of the Service after changes take effect constitutes acceptance. If you disagree with changes, you must stop using the Service and delete your account.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.4 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any successor entity in the event of a merger or acquisition.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us:

18. Acknowledgment

By using the DarkSmart Service, you acknowledge that:

• You have read and understood these Terms of Service
• You have read and understood our Privacy Policy
• You agree to be bound by these Terms and the Privacy Policy
• You are legally able to enter into this agreement
• You understand the risks associated with smart home technology

Thank you for choosing DarkSmart. We're committed to providing you with a secure, reliable, and innovative smart home experience.