Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By accessing or using DarkSight ("the Protocol", "we", "us", or "our"), including but not limited to our website located at darksight.fun, our software development kit (SDK), smart contracts, documentation, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Services.

These Terms constitute a legally binding agreement between you and DarkSight. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services after any such modifications constitutes your acceptance of the modified Terms.

2. Description of Services

DarkSight is a privacy-preserving prediction market protocol built on the Solana blockchain. The Protocol enables users to participate in prediction markets while maintaining privacy of their positions and trading strategies through zero-knowledge proofs and cryptographic techniques.

The Services include, but are not limited to: (a) access to our website and documentation; (b) open-source software, including smart contracts, circuits, and SDK components; (c) technical documentation and educational materials; and (d) any other services we may provide from time to time.

Important: DarkSight is currently in pre-alpha development. The Protocol, including all smart contracts, circuits, and SDK components, are experimental and have not been audited. The Services are provided "as is" and "as available" without any warranties or guarantees of any kind.

3. No Financial Services or Investment Advice

DarkSight is not a financial institution, investment advisor, broker-dealer, or exchange. The Services do not constitute financial, investment, legal, or tax advice. Nothing on our website, in our documentation, or provided through our Services should be construed as a solicitation, recommendation, endorsement, or offer to buy or sell any securities, commodities, or financial instruments.

Prediction markets involve substantial risk of loss. You should not participate in prediction markets unless you fully understand the risks involved and can afford to lose your entire investment. Past performance is not indicative of future results. The value of positions in prediction markets can fluctuate significantly and may become worthless.

You are solely responsible for evaluating the merits and risks associated with using the Services and for making your own independent decisions regarding any transactions or activities conducted through the Protocol.

4. No Guarantees or Promises

DarkSight makes no promises, guarantees, or warranties regarding:

  • The continued operation, availability, or functionality of the Protocol or Services
  • The accuracy, completeness, or reliability of any information provided through the Services
  • The security, privacy, or performance of the Protocol or any underlying blockchain technology
  • The success, profitability, or value of any positions or transactions
  • The completion of any development milestones, features, or roadmap items
  • The timing or occurrence of any future releases, updates, or improvements

The Protocol may be discontinued, modified, or terminated at any time without notice. We are under no obligation to continue developing, maintaining, or supporting the Services.

5. Pre-Alpha Status and Risks

The Protocol is experimental software in pre-alpha development. This means:

  • Smart contracts have not been audited by third-party security firms
  • Zero-knowledge circuits have not undergone formal verification
  • The trusted setup ceremony has not been performed
  • Known and unknown bugs, vulnerabilities, or design flaws may exist
  • The Protocol may fail, malfunction, or behave unexpectedly
  • You may lose all funds deposited into or used with the Protocol

DO NOT USE THE PROTOCOL WITH FUNDS YOU CANNOT AFFORD TO LOSE. The Protocol is not suitable for production use, and you should not rely on it for any critical or valuable transactions.

6. User Responsibilities

You are solely responsible for:

  • Maintaining the security and confidentiality of your private keys, wallet credentials, and any other authentication information
  • All transactions and activities conducted using your wallet or account
  • Ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction
  • Evaluating the risks and suitability of using the Protocol for your particular circumstances
  • Obtaining appropriate legal, financial, and tax advice before using the Services
  • Verifying the accuracy of any information before relying on it

You agree not to use the Services for any illegal, fraudulent, or unauthorized purpose, or in any way that could damage, disable, or impair the Services or interfere with any other party's use of the Services.

7. Intellectual Property

The Services, including but not limited to our website, software, documentation, logos, trademarks, and other content, are owned by DarkSight or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Our open-source software components are licensed under the MIT License or other open-source licenses as specified in the respective repositories. You may use, modify, and distribute our open-source code in accordance with the terms of those licenses.

You may not use our trademarks, logos, or other proprietary materials without our prior written consent, except as may be permitted by applicable open-source licenses.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARKSIGHT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or use
  • Loss of funds or cryptocurrency
  • Business interruption
  • Loss of goodwill or reputation
  • Errors, bugs, or security vulnerabilities in the Protocol
  • Failures of blockchain networks or infrastructure
  • Regulatory actions or changes in law
  • Any other damages arising from your use or inability to use the Services

Our total liability to you for any claims arising from or related to the Services shall not exceed the amount you paid to us, if any, in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless DarkSight and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your infringement of any intellectual property or other rights of any third party
  • Any transactions or activities you conduct using the Protocol

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the maximum extent permitted by applicable law, DarkSight disclaims all warranties, express or implied, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Services will be uninterrupted, secure, error-free, or free of viruses or other harmful components
  • Warranties regarding the accuracy, reliability, or completeness of any information provided through the Services
  • Warranties that defects will be corrected

No advice or information, whether oral or written, obtained from DarkSight or through the Services shall create any warranty not expressly stated in these Terms.

11. Regulatory Compliance

You are solely responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and regulatory requirements in your jurisdiction. This includes, but is not limited to:

  • Securities laws and regulations
  • Gambling and gaming laws
  • Anti-money laundering (AML) and know-your-customer (KYC) requirements
  • Tax laws and reporting obligations
  • Export control and sanctions laws

DarkSight does not provide legal, tax, or regulatory advice. You should consult with qualified legal and tax professionals in your jurisdiction before using the Services.

The Services may not be available in all jurisdictions. We reserve the right to restrict or prohibit access to the Services in certain jurisdictions at our sole discretion.

12. Termination

We reserve the right to suspend, modify, or terminate your access to the Services, or any portion thereof, at any time, with or without cause, with or without notice, and without liability to you.

You may stop using the Services at any time. Upon termination, your right to use the Services will immediately cease.

Sections of these Terms that by their nature should survive termination shall survive termination, including but not limited to Sections 3, 5, 8, 9, 10, and 13.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which DarkSight operates, without regard to its conflict of law provisions.

Any disputes arising from or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of a recognized arbitration organization, except where prohibited by law. You waive any right to participate in a class-action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, we reserve the right to seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

14. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and DarkSight regarding the Services and supersede all prior agreements and understandings.

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

Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure: We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or failures of blockchain networks or infrastructure.

15. Contact Information

If you have any questions about these Terms, please contact us through our website at darksight.fun or via our official channels.

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.