Terms of Service
Draft, pending legal review. This is a working draft prepared for founder and counsel review. It is not yet a binding agreement and will be revised before launch.
Effective date: To be set on launch.
Last updated: To be set on launch.
Version: Draft 0.1
1. Acceptance
These Terms of Service ("Terms") form a binding agreement between you and Dark Talent ("Dark Talent", "we", "us", "our") governing your use of the Dark Talent iOS and macOS application, including all bundled extensions, the darktalent.app website, and any related services (together, the "Service"). By downloading, installing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
You must be at least 13 years of age to use Dark Talent.
2. The Service
Dark Talent is a private AI focus system for founders, builders, and high-agency people. It provides tools for daily state assessment, focus sessions (Lock-In), pressure journaling (Pressure Log), objective tracking (Target), weekly review (Weekly Debrief), and pattern detection (Signals), with optional AI coaching (The Coach) and optional third-party work integrations. The Service is provided on a personal, non-exclusive, non-transferable, revocable basis for your own personal use.
3. Apple's standard EULA and IAP
The Service is distributed through Apple's App Store. To the extent these Terms are silent, Apple's standard End User License Agreement applies. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Service. In-App Purchases are processed by Apple.
4. Subscriptions, tiers, and pricing
Dark Talent is offered in three tiers: Free, Pro, and Elite. Pricing for paid tiers is set on the App Store. Subscriptions auto-renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in Settings → Apple ID → Subscriptions on your device. Refunds are handled by Apple at reportaproblem.apple.com.
5. Your account and credentials
Dark Talent does not require you to create an account with us. Authentication relies on your Apple ID and on the OAuth credentials you grant to third-party integrations. You are responsible for securing access to your device and your Apple ID, and for managing the OAuth tokens you grant.
6. Third-party integrations
The Service can connect to third-party platforms (Apple Calendar, Notion, GitHub, Linear, Slack, Gmail). Each integration is governed by the third party's terms of service and privacy policy, the OAuth scopes you grant during connection, and the permission level you set inside Dark Talent. You may disconnect any integration at any time in Settings → Integrations.
7. AI Coach — important limits
The AI Coach is a software tool. Its output is generated by statistical models. It can and will sometimes be wrong. You agree that:
- The Coach's output is not professional advice of any kind — not medical, mental health, legal, financial, tax, investment, or career advice.
- You are solely responsible for any action you take based on the Coach's output.
- The Coach is provided "as is" and we make no warranty as to accuracy, completeness, or fitness for any specific purpose.
- Features that require cloud inference send redacted prompts to Anthropic; you can disable cloud AI in Settings → Privacy.
8. Crisis Mode disclaimer
Dark Talent includes a Crisis Mode that detects content suggesting possible self-harm, harm to others, or acute crisis using an on-device classifier. When triggered, Dark Talent displays a screen with hardcoded references to crisis support services. Crisis Mode is a referral, not a service.
- Crisis Mode is not a substitute for professional mental health care, psychiatric evaluation, therapy, or emergency medical services.
- Dark Talent is not a medical device, is not a mental health treatment, and does not diagnose, treat, cure, mitigate, or prevent any condition.
- The classifier is imperfect. It may produce false positives and false negatives. You should not rely on it to detect a crisis.
- Dark Talent does not alert, contact, or dispatch any emergency service, family member, employer, friend, clinician, or other person on your behalf.
- If you are in immediate danger, contact your local emergency number (911 in the US, 999 in the UK, 112 in the EU, or the equivalent) without delay.
9. Acceptable use
You agree not to use the Service for any unlawful purpose, reverse engineer it, scrape or extract data outside the export functions, circumvent rate limits or paywalls, generate illegal or infringing content, attempt to extract system prompts from AI providers, use the Service to build a competing product, or misrepresent yourself.
10. License grant
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on Apple devices you own or control, for your personal use, for the duration of your applicable subscription (or, for the free tier, for as long as we offer it). All rights not expressly granted are reserved.
11. Intellectual property
The Service, including all software, designs, text, graphics, the "Dark Talent" wordmark and logo, the Coach voice and system prompts, and all related intellectual property, are owned by Dark Talent or its licensors. You retain all rights to the content you create inside the Service. You grant us only the limited rights necessary to operate the Service on your behalf as described in the Privacy Policy.
12. Feedback
If you send us feedback, suggestions, or feature ideas, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use and incorporate the feedback into the Service without obligation to you.
13. Beta and experimental features
We may label some features beta, experimental, or preview. These features may be unstable, may change without notice, and may be removed at any time. They are provided without warranty and you use them at your own risk.
14. Suspension and termination
You may stop using the Service at any time by uninstalling the app and cancelling your subscription. We may suspend or terminate your access to the Service if you materially breach these Terms, if continued provision would expose us or other users to legal or security risk, or if we discontinue the Service.
15. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE OUTPUT OF THE AI COACH WILL BE ACCURATE, RELIABLE, OR FIT FOR ANY PURPOSE.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DARK TALENT, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD 50.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
17. Indemnification
You agree to indemnify and hold harmless Dark Talent, its affiliates, officers, employees, and agents from any claim, loss, liability, or expense arising out of your use of the Service in violation of these Terms or applicable law, your content, or your violation of any rights of a third party.
18. Apple as third-party beneficiary
You and Dark Talent acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance Apple will have the right (and be deemed to have accepted the right) to enforce these Terms against you.
19. Governing law and disputes
These Terms are governed by the laws of the operating entity's home jurisdiction, to be finalized prior to launch, without regard to its conflict-of-laws principles. Nothing in this section limits any non-waivable consumer rights you have under the law of your country of residence.
20. Changes to these Terms
We may revise these Terms from time to time. Material changes will be notified in-app before they take effect, and your continued use of the Service after the effective date constitutes acceptance. If you do not agree to a change, you may stop using the Service and cancel your subscription.
21. Contact
For any question about these Terms, write to legal@darktalent.app.
This page is a hand-rendered HTML version of the canonical draft at docs/legal/terms-of-service.md in the source repository. The Markdown remains the source of truth until counsel signs off; both will be republished together at launch.