Terms of Service

1. Acceptance of Terms

Welcome to DarkMode+ ("we," "our," or "us"). By downloading, installing, accessing, or using our Chrome extension and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access or use our Service.

These Terms constitute a legally binding agreement between you and DarkMode+ regarding your use of the Service. You must be at least 13 years old (or the minimum legal age in your jurisdiction) to use the Service. If you are accessing the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

Please also review our Privacy Policy, which is incorporated by reference into these Terms and describes our practices regarding the collection, use, and disclosure of information.

2. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by updating the date at the top of these Terms and, in some cases, we may provide additional notice (such as adding a statement in the extension or sending an email notification).

Your continued use of the Service after the revised Terms have become effective indicates that you have read, understood, and agreed to the current version of these Terms. If any change to these Terms is not acceptable to you, your only remedy is to stop using the Service.

3. User Accounts

Currently, DarkMode+ does not require users to create an account to use the basic functionality of the extension. However, if we introduce account features in the future:

• You may be required to provide accurate, current, and complete information during the registration process.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
• We reserve the right to disable any user account at any time if we believe you have violated these Terms or if your account shows signs of suspicious activity.

4. License and Use Restrictions

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service for your personal, non-commercial use on devices that you own or control.

4.2 Use Restrictions

You agree not to:

• Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Remove, alter, or obscure any proprietary notices on the Service
• Use the Service to violate any law, infringe any rights of third parties, or engage in any fraudulent, misleading, or deceptive activities
• Use the Service to transmit any viruses, worms, defects, Trojan horses, or other harmful code
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service
• Access or attempt to access the Service by any means other than the interface provided by us
• Use any automated means, including scripts, bots, or scrapers, to access the Service
• Use the Service for any commercial purpose without our express written consent

4.3 Open Source Components

The Service may include components licensed under open source licenses. Nothing in these Terms prevents you from using such components in accordance with their respective open source licenses.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service, including all content, features, functionality, and design elements, is owned by DarkMode+ or our licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you ownership rights in the Service or its content.

5.2 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Feedback for any purpose without compensation or attribution to you.

5.3 Trademarks

The DarkMode+ name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DarkMode+ or our licensors. You may not use such marks without our prior written permission.

6. User-Generated Content

Currently, the Service does not enable users to submit or post content that is visible to other users. However, if we introduce such features in the future:

• You will retain ownership of any content you submit, post, or display through the Service.
• By submitting content, you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform such content in connection with operating and providing the Service.
• You represent and warrant that you own or have the necessary rights to grant the license above, and that your content does not violate the law or infringe the rights of any third party.

7. Third-Party Links and Content

The Service may contain links to third-party websites, services, or content that are not owned or controlled by DarkMode+. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

By using the Service, you expressly relieve DarkMode+ from any and all liability arising from your use of any third-party website or service. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

8. Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

9. Limitation of Liability

Some jurisdictions do not allow the limitation of liability for personal injury, death, or certain intentional acts, so some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless DarkMode+, its directors, employees, partners, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorneys' fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your actions caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Service.

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may also terminate your relationship with us by uninstalling the extension and discontinuing use of all related services.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Dispute Resolution

13.1 Initial Dispute Resolution

Before filing a claim against DarkMode+, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days, you or DarkMode+ may proceed to formal dispute resolution.

13.2 Arbitration Agreement

You and DarkMode+ agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth under "Exceptions to Agreement to Arbitrate" below.

13.3 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in San Francisco, California, unless you and we agree otherwise. Each party will be responsible for paying their own arbitration fees.

13.4 Exceptions to Agreement to Arbitrate

Either you or DarkMode+ may assert claims in small claims court if they qualify. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13.5 Class Action Waiver

YOU AND DARKMODE+ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.6 Opt-Out

You have the right to opt out of the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to [email protected] within 30 days of the date you first use our Service.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and DarkMode+ regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Service.

14.2 Assignment

You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction.

14.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

14.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of DarkMode+.

14.5 Headings

Section titles in these Terms are for convenience only and have no legal or contractual effect.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]
Website: https://darkmodeplus.com/contact