Terms of Service

Agreement

Last updated: 28 October 2026.

These terms are an agreement between the business that opens a Dark Water account ("you") and Dark Water Ventures Inc., 83 New York Ave, Newark, New Jersey, United States ("Dark Water", "we", "us"). By creating an account or using the service, you agree to these terms and to our Privacy Policy. The person who accepts them confirms that they are at least 18 years old and can bind the business.

The service

Dark Water gives a business one login for customers, schedule, estimates, invoices, payments, website leads, campaigns and automations. What each plan includes is shown on our pricing page. Features may change over time. We will not remove a core feature of a paid plan during a period you have already paid for.

Plans and prices

• Start: $0 a month. No card is needed to open an account.
• Pro: $149 a month.
• Business: $299 a month.
• Managed: from $799 a month. The work our team does is defined and agreed before it starts. It is not unlimited.
• Enterprise: terms and price agreed in writing.
• Payments by Flow: $0 a month plus a fee on each payment, as shown on Flow's price list.

There are no setup fees. Prices do not include taxes, which are added where required. We may change prices with at least 30 days' notice by email. Your current price applies until the end of the billing period after that notice. Businesses that opened an account before the current plan ladder took effect keep the features they had.

Billing, cancelling and refunds

Paid plans are billed monthly in advance by card through Stripe, and renew each month until cancelled. You can change plan or cancel at any time from the billing page in the portal. After you cancel, the paid plan stays active until the end of the month already paid. The account then moves to the free Start plan, or keeps the features it had before the current plans if it was opened earlier. Payments are not refunded for part of a month, unless the law requires it or we agree in writing. If a payment fails, we may limit paid features until it is settled.

Your account

Keep your sign-in details private and turn on two-step sign-in where you can. You are responsible for what happens under your account and for the team members you invite and the roles you give them. Tell us right away at [email protected] if you think your account has been misused.

Your data

The records your business puts into Dark Water belong to your business. You give us permission to store, process and send them only to provide the service to you, as described in our Privacy Policy. You can export your contacts at any time, and we will provide a copy of your other records on request. When you close your account, we delete your records as our Privacy Policy describes.

You are responsible for having the right to collect and use your customers' information. That includes the consent needed to send them marketing email or texts. Dark Water records the consent you enter and honours unsubscribes and STOP replies. It does not replace your own legal duties, such as those under email and text-message laws.

Acceptable use

You will not use Dark Water to:

• send unlawful, deceptive or unsolicited messages;
• post fake reviews or false claims about your business or anyone else's;
• collect information you have no right to;
• try to reach another business's records;
• break or overload the service, or probe it for weaknesses without our written permission;
• resell the service without a written agreement.

We may remove content or suspend features that break these rules.

Payments by Flow and Stripe

Payments a business takes from its customers are processed by Payments by Flow, which uses Stripe. A business that takes payments also agrees to Flow's terms and to Stripe's terms for connected accounts. Payouts, refunds and disputes are handled in Flow. Dark Water shows the result on your invoices.

Websites and content we prepare

When Dark Water builds or suggests a website, email or other content for you, check it before you publish it. Make sure the facts, prices, photos and claims are correct and that you have the right to use them. You are responsible for what you publish.

No promise of results

Reports, calculators, forecasts and attribution figures show what was measured or estimated, and say so. Dark Water does not promise any amount of revenue, leads, search ranking or reviews.

Availability and changes

We work to keep Dark Water running and secure, but we do not promise that it will always be available or free of errors. We offer no uptime percentage. We may have planned maintenance, and we may change or stop features. If we stop offering the service entirely, we will give you at least 30 days' notice and a way to export your records.

Suspension and ending

You can close your account at any time. We may suspend or close an account that breaks these terms, puts other people or the service at risk, or leaves fees unpaid. Where reasonable, we tell you first and give you a chance to fix the problem. The parts of these terms that by their nature should continue after the account ends will continue, including fees owed, liability and the law that applies.

Disclaimer

Except as these terms say, the service is provided "as is" and "as available". To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

Limitation of liability

To the extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible. Our total liability for all claims about the service is limited to the greater of the fees you paid us in the 12 months before the claim arose, or $100. These limits do not apply to fees you owe us, to your obligations under "Acceptable use" and "Indemnity", or where the law does not allow them.

Indemnity

You will defend and hold harmless Dark Water Ventures Inc. against third-party claims that arise from the content you put into or send through Dark Water, your messages to your customers, or your breach of these terms. You will also cover reasonable costs those claims cause.

Law and disputes

These terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-law rules. Any dispute is decided in the state or federal courts located in New Jersey, and both parties agree to those courts. Before starting a claim, please write to us so we can try to resolve it informally. Nothing in these terms requires arbitration.

Changes to these terms

When we change these terms, we post the new version here with a new date. If a change is material, we email account holders at least 30 days before it takes effect. If you keep using Dark Water after that date, you accept the new terms.

General

These terms, the pricing page and the Privacy Policy are the whole agreement about the service, unless we sign a separate written agreement, which then takes priority. If part of these terms cannot be enforced, the rest still applies. You may not transfer these terms without our consent. We may transfer them to a company that takes over the service.

Contact: Dark Water Ventures Inc., 83 New York Ave, Newark, New Jersey, United States. [email protected].