Legal
Terms of Service
The agreement between you and Darkspeed Consulting LLC for our website, our products, including LoreWeaver, and our services.
Who we are and what these Terms cover
These Terms of Service ("Terms") are a binding agreement between you and Darkspeed Consulting LLC, a Virginia limited liability company ("Darkspeed," "we," "us," or "our"). They govern your access to and use of darkspeedconsulting.com and any other website, application, software, product, or service that we operate and that refers to these Terms (together, the "Services").
Darkspeed operates products under its own brands, including LoreWeaver and LoreWeaver AI. LoreWeaver and LoreWeaver AI are brands of Darkspeed Consulting LLC, not separate legal entities. Any reference to "LoreWeaver," "LoreWeaver AI," "we," or "us" in the terms, policies, or communications of those products refers to Darkspeed Consulting LLC.
By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes it. If you do not agree to these Terms, do not use the Services.
Product terms and client agreements
Product terms. Some products have their own terms of service, privacy policy, or rules ("Product Terms"), such as the LoreWeaver Terms of Service at loreweaverai.com/terms. When you use such a product, its Product Terms govern that use and control if they conflict with these Terms. Where Product Terms do not address a matter, these Terms apply to the fullest extent permitted by law.
Client agreements. Consulting, development, and other professional services that we perform for a client are governed by a separate written agreement, such as a master services agreement, statement of work, or proposal accepted in writing ("Client Agreement"). A Client Agreement controls over these Terms for the services it covers.
Eligibility
You must be at least 18 years old, or the age of majority where you live if that is higher, to use the Services. Some products may set additional requirements. You may not use the Services if you are prohibited from receiving them under the laws of the United States or any other applicable jurisdiction, including U.S. export control and sanctions laws.
Accounts
Some Services require an account. You agree to provide accurate and complete information, to keep it current, to keep your sign-in credentials confidential, and to notify us promptly of any unauthorized use of your account. You are responsible for all activity under your account. We may refuse, suspend, or reclaim an account or username at our discretion.
Acceptable use
You agree not to, and not to help or encourage anyone else to:
- Violate any applicable law or regulation, or the rights of any person, including intellectual property, privacy, and publicity rights
- Create, upload, request, or share any content that sexualizes minors. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children and cooperate with law enforcement
- Harass, threaten, defame, or impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Upload malware, probe or breach our security, or interfere with or disrupt the Services or the networks and systems that run them
- Access the Services by automated means, scrape or harvest data, or exceed or circumvent usage limits, rate limits, or access restrictions
- Reverse engineer, decompile, or attempt to derive the source code, prompts, models, or architecture of the Services, except where the law expressly permits it
- Use the Services or their output to develop, train, or benchmark a competing product or machine learning model
- Send spam or unsolicited communications, or use the Services for fraud or deceptive practices
- Resell, sublicense, or provide the Services to others except as we expressly permit
We may investigate suspected violations, remove content, and suspend or terminate access, and we may report conduct to law enforcement where appropriate.
Your content
Ownership. You keep the rights you have in the content you submit to the Services, such as text, images, audio, files, and project materials ("Your Content").
License to us. You grant Darkspeed a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and adapt Your Content as needed to operate, provide, secure, and improve the Services, to comply with law, and to carry out your instructions, such as publishing content you choose to share with others. This license lasts while Your Content remains on the Services and for a reasonable period afterward for backups, legal compliance, and dispute resolution.
Your responsibility. You are solely responsible for Your Content. You represent that you have all rights needed to submit it and to grant the license above, and that it does not violate these Terms or any law. We do not have to monitor content, but we may review, refuse, or remove any content at our discretion.
Feedback. If you send us ideas or suggestions, we may use them without restriction or compensation to you.
AI features and output
Some Services use artificial intelligence, including models provided by third parties, to generate text, images, audio, or other material in response to your input ("Output"). You understand and agree that:
- Output is generated automatically, may be inaccurate, incomplete, offensive, or unexpected, and may be similar to Output generated for others
- Output does not reflect the views of Darkspeed, and unless a Service clearly says otherwise, it is fiction or entertainment and not professional, legal, medical, financial, or other advice
- You are responsible for reviewing Output and for how you use, rely on, or share it
- The models, providers, features, and limits behind AI features may change at any time
As between you and Darkspeed, and to the extent permitted by law, you may use Output you generate subject to these Terms and any Product Terms. We make no representation that Output is original, protectable, or free of third-party rights.
Fees and payment
Paid features and their prices are described where you buy them. By making a purchase, you authorize us and our payment processors to charge your payment method for the fees and applicable taxes.
Subscriptions. Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel at any time, and access continues until the end of the period you paid for.
Refunds. Except where required by law or stated in Product Terms, payments are non-refundable and we do not provide refunds or credits for partial periods.
App store purchases. Purchases made through the Apple App Store or Google Play are billed by Apple or Google, and refunds are handled under their policies.
Changes. We may change prices and plans with notice where required by law. A price change takes effect at the start of your next billing period after notice.
Our intellectual property
The Services, including their software, design, text, graphics, and the names Darkspeed, LoreWeaver, and LoreWeaver AI with their logos, are owned by Darkspeed or its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose. All rights not expressly granted are reserved. You may not use our names, logos, or trade dress without our prior written permission.
Copyright complaints
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. To file a notice, email connect@darkspeedconsulting.com with the subject "Copyright notice" and include the information required by 17 U.S.C. § 512(c)(3): your physical or electronic signature, identification of the copyrighted work, identification of the allegedly infringing material and where it appears, your contact information, a statement of your good-faith belief that the use is not authorized, and a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act for the copyright owner.
If your material was removed and you believe that was a mistake, you may send a counter-notice that meets 17 U.S.C. § 512(g)(3). We terminate the accounts of repeat infringers in appropriate circumstances.
Third-party services
The Services may use or link to services, content, or websites operated by others, such as sign-in providers, payment processors, app stores, and AI model providers. Their terms and policies govern your use of them, and we are not responsible for them.
Suspension and termination
You may stop using the Services at any time. We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if we believe you have violated these Terms or Product Terms, if your use creates risk or possible legal exposure for us or others, if we are required to by law, or if we discontinue a Service. Sections that by their nature should survive termination survive, including those on content licenses, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.
Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. DARKSPEED DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OUTPUT OR CONTENT WILL BE ACCURATE, RELIABLE, OR APPROPRIATE. YOU USE THE SERVICES AT YOUR OWN RISK.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DARKSPEED AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THE SERVICES, OUTPUT, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Darkspeed and its members, managers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to Your Content, your use of the Services or Output, your violation of these Terms or any law, or your violation of the rights of any third party.
Dispute resolution and arbitration
Please read this section carefully. It affects how disputes between you and Darkspeed are resolved.
Informal resolution first. Before starting arbitration or a court case, the party with a dispute must send the other a written notice describing it and the relief sought. Notices to Darkspeed go to connect@darkspeedconsulting.com. The parties will try in good faith to resolve the dispute for 60 days before either starts a proceeding.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA"). The AAA Consumer Arbitration Rules apply to individuals using the Services for personal purposes, and the AAA Commercial Arbitration Rules apply to everyone else. The Federal Arbitration Act governs this section. Arbitration will take place in Fairfax County, Virginia, or by video conference, and judgment on the award may be entered in any court of competent jurisdiction.
Class action and jury trial waiver. You and Darkspeed may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding. You and Darkspeed each waive the right to a jury trial.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property, trade secrets, or confidential information.
Opting out. You may opt out of this arbitration agreement by emailing connect@darkspeedconsulting.com with the subject "Arbitration opt-out," your name, and the email address associated with your use of the Services, within 30 days after you first accept these Terms.
Severability. If the class action waiver is found unenforceable as to a claim, that claim must be severed and decided in court, and the rest of this section still applies. If any other part of this section is found unenforceable, the remainder stays in effect.
Governing law and venue
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law rules. Subject to the arbitration section above, the parties consent to the exclusive jurisdiction of the state courts located in Fairfax County, Virginia, and the United States District Court for the Eastern District of Virginia, Alexandria Division.
Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms with a new effective date and, if the changes are material, give reasonable notice, such as by email or in the Services. Changes take effect when posted unless the notice says otherwise. If you continue to use the Services after changes take effect, you accept the updated Terms.
General terms
Entire agreement. These Terms, together with any Product Terms, Client Agreement, and our Privacy Policy, are the entire agreement between you and Darkspeed about the Services and supersede any prior agreements on that subject.
Severability and waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets.
Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship, and these Terms create no third-party beneficiary rights.
Notices. We may send you notices by email, through the Services, or by posting them on our website. You consent to receiving communications from us electronically. You may send legal notices to us at connect@darkspeedconsulting.com.
Interpretation. Headings are for convenience only. "Including" means "including without limitation."
Contact
Darkspeed Consulting LLC, Fairfax, Virginia. Email connect@darkspeedconsulting.com or call (571) 223-8815.