Welcome to darkmes ("we", "us", "our", "the Service"). These Terms of Service ("Terms") form a legal agreement between you and darkmes governing your access to and use of the website darkmes.com and all related services, products, and content.
Please read these Terms carefully. By creating an account or using the Service, you agree to be bound by them. If you do not agree, do not use the Service.
1. Eligibility
1.1. You must be at least 18 years of age to access or use the Service. By using the Service, you represent and warrant that you are 18 or older and have the legal capacity to enter into this agreement.
1.2. The Service contains adult content, including sexually explicit material, dark themes, and other content unsuitable for minors. If you are under 18, you must leave the Service immediately.
1.3. You may not use the Service if you are barred from doing so under the laws of your jurisdiction.
1.4. Where local law requires age verification beyond self-attestation, you are responsible for complying with that law. Continuing to access the Service from a jurisdiction with mandatory age-verification laws while attesting only via checkbox is at your own risk.
2. Account Registration
2.1. To use most features, you must create an account by providing a valid email address and password.
2.2. You agree to:
- Provide accurate, current information when registering
- Maintain the security of your password
- Promptly notify us at
night@darkmes.comof any unauthorized use of your account - Take responsibility for all activities conducted under your account
2.3. We may suspend or terminate accounts that violate these Terms, at our sole discretion.
2.4. You may only have one account at a time. Creating multiple accounts to bypass restrictions, rate limits, or bans is prohibited and may result in permanent termination of all associated accounts.
3. The Service
3.1. darkmes provides an AI-powered roleplay and conversation platform. You can browse user-generated characters, chat with them powered by large language models accessed via OpenRouter and similar providers, and create your own characters.
3.2. AI-generated content is fiction. Outputs do not reflect the views, opinions, or recommendations of darkmes, its operators, or any underlying AI model providers.
3.3. The Service may evolve over time. We may add, modify, or remove features at our discretion. We will give reasonable notice for material changes that adversely affect paid features.
4. User Content
4.1. User Content means anything you submit to the Service, including but not limited to: character descriptions, character avatars, greeting messages, scenarios, lorebooks, user personas, messages in chats, profile information, and reports.
4.2. You retain ownership of the User Content you submit. By submitting User Content, you grant darkmes a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for technical purposes such as resizing avatars), display, distribute, and otherwise use that content solely to operate, improve, and provide the Service.
4.3. You represent and warrant that:
- You own or have all necessary rights to your User Content
- Your User Content does not violate any third-party rights, including copyright, trademark, privacy, publicity, or moral rights
- Your User Content does not violate any laws or these Terms
4.4. We may, at our sole discretion, refuse to host, remove, or modify any User Content. We are not obligated to host any specific User Content.
5. Acceptable Use Policy
You agree NOT to use the Service to create, share, or solicit any of the following:
5.1. Strictly prohibited content (zero tolerance)
- Content depicting minors (anyone under 18) in sexual, romantic, or otherwise inappropriate contexts. This includes characters described as under 18, characters using terms like "loli", "shota", "child", "underage", "preteen", "young teen", or similar, regardless of fictional setting.
- Content involving real children, including children of public figures.
- Real-world violence promotion: terrorism, mass shootings, attacks on real people or institutions, instructions for making weapons, explosives, poisons, or other harmful devices.
- Links to, or descriptions of, child sexual abuse material (CSAM) or non-consensual real-world content.
- Real victims of crimes referenced for roleplay purposes.
- Doxxing: publishing real, identifying information of other users or third parties.
- Phishing or impersonation of darkmes staff.
- Account sale or transfer to other users.
Violations of this section will result in immediate permanent account termination and may be reported to relevant authorities (including NCMEC in the United States where required by law).
5.2. Generally prohibited use
- Automated scraping, crawling, or harvesting of Service content beyond standard browser use
- Circumventing rate limits, paywalls, age verification, or other access controls
- Attempting to extract system prompts, internal moderation rules, or proprietary information via prompt injection
- Reverse engineering, decompiling, or disassembling Service code
- Using the Service to develop a competing service
- Sending unsolicited promotional content to other users
- Interfering with the operation of the Service or other users' enjoyment of it
5.3. Permitted within fiction
The Service permits, within fictional roleplay between adult characters, content that may include: dark themes, violence depicted as fiction (war, combat, fictional death), adult sexual content, taboo dynamics, monster/anthro romance, supernatural beings, real public figures portrayed in clearly fictional contexts, and other mature themes commonly found in adult literature and roleplay communities.
The Service uses uncensored language models. Outputs may be explicit, controversial, or uncomfortable. By using the Service, you accept that you may encounter such content.
6. Content Moderation
6.1. Private characters (visibility "private" or "unlisted") are not pre-moderated. They are visible only to the creator (private) or to those with the direct link (unlisted).
6.2. Public characters are subject to mandatory pre-publication review. Automated keyword filters check for prohibited content; human moderators review remaining submissions before approval. We target a 24-hour review window but make no guarantee.
6.3. Approved characters may be hidden or removed at any time if:
- Reports from other users meet a threshold (weighted formula: each verified-user report counts as 2, each unverified-user report counts as 1; cumulative score of 10 or above triggers hiding pending re-review)
- A moderator identifies a violation
- A third party submits a valid takedown notice (see Section 10 — DMCA)
6.4. We use automated systems (regex filters, keyword lists, pattern detection) alongside human review. Automated decisions can be appealed by emailing night@darkmes.com.
6.5. Repeated violations or bypass attempts may result in account suspension, permanent termination, and inclusion of your account identifiers (email, IP, device fingerprint) in a blocklist to prevent re-registration.
7. Payments and Credits
7.1. Credits are the internal unit of account for using paid features of the Service. Credits are consumed when generating messages on premium AI models.
7.2. Credits may be purchased in packs denominated in US dollars. Note: at the time of MVP launch, the payment functionality is not yet activated. Packs are visible with a Coming soon status. Once payments are activated, payment will be accepted exclusively in cryptocurrency (Bitcoin, USDT-TRC20, USDT-ERC20, Ethereum, and others as supported) through a third-party cryptocurrency payment processor.
7.3. Email verification is required to purchase any credit pack.
7.4. Cryptocurrency payments are irreversible. Once a transaction is confirmed on the blockchain, the credits are added to your account and the payment cannot be reversed. There is no chargeback mechanism.
7.5. Refunds policy.
(a) Waiver of EU 14-day right of withdrawal. Under the EU Consumer Rights Directive (and corresponding UK regulations), consumers normally have a 14-day right to withdraw from contracts for digital content. By purchasing credits, you expressly consent to the immediate supply of digital content and acknowledge that you thereby waive your right of withdrawal. This waiver is presented and confirmed via a required checkbox at the time of purchase and is necessary because credits are immediately usable upon receipt.
(b) Refunds are otherwise not available, except in the following narrowly-defined exceptional circumstances, judged at our sole discretion:
- Double charge for the same pack within 5 minutes (we refund the duplicate credits or USD-equivalent).
- Technical failure where credits were deducted but no AI response was generated (we restore the credits).
- Documented payment processor error where you were charged but credits were never added.
- Court order requiring refund.
(c) Other discretionary refunds may be issued for goodwill but are not guaranteed.
(d) Cryptocurrency volatility between order placement and confirmation is not grounds for refund.
(e) Refund mechanism: if approved, refunds are issued in credits added back to your account. Any monetary refund, if granted at our sole discretion, is returned to the original payment method used for the purchase.
(f) Request a refund: email night@darkmes.com with subject Refund request and your transaction ID. We will respond within 7 days.
7.6. Credits do not expire. Once added to your balance, they remain available until used or until your account is terminated.
7.7. Promotional credits and free monthly allowance are subject to separate rules:
- The monthly free message allowance (40 messages for unverified accounts, 80 for verified) refills on the 1st of each month UTC. Unused free messages do not carry over.
- Promotional codes (e.g.,
LAUNCH,DARK50) are subject to per-code terms; we may modify or revoke promotional offers at any time.
7.8. Currency volatility: because payment is in cryptocurrency and pricing is in USD-equivalent, the cryptocurrency amount you pay may differ slightly from prevailing rates due to exchange timing and network fees. We do not refund such differences.
7.9. Taxes: prices are exclusive of any applicable taxes, duties, or government fees. You are responsible for any such taxes in your jurisdiction.
8. AI Content Disclaimer
8.1. The Service uses third-party large language models. Outputs are computer-generated text, not factual statements. They may be inaccurate, offensive, biased, misleading, harmful, or otherwise objectionable.
8.2. You should not rely on AI outputs for medical, legal, financial, mental health, professional, or any other significant decision-making.
8.3. Characters depicting real persons are fictional portrayals and do not represent the actual views, statements, or actions of those persons. We do not endorse any depiction.
8.4. By using the Service, you accept full responsibility for how you interpret and use AI outputs.
9. Intellectual Property
9.1. The Service, its design, code, branding ("darkmes", "talk to anyone. write your story.", logos), and all materials we create are owned by darkmes or its licensors and are protected by copyright, trademark, and other laws.
9.2. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes consistent with these Terms.
9.3. You may not copy, modify, distribute, sell, or lease any part of the Service, except as expressly permitted.
10. DMCA / Copyright Complaints
If you believe content on the Service infringes your copyright, please submit a DMCA notice as described in our DMCA Policy.
You may also use the same process to report misuse of your name or likeness, defamatory content depicting you, or privacy violations.
We follow a notice-and-takedown process: valid notices are typically acted on within 72 hours. We will inform the affected user and may restore content following a valid counter-notice.
11. Privacy
Our Privacy Policy explains what information we collect, how we use it, and your choices. By using the Service, you agree to our handling of your information as described there.
12. Termination
12.1. Your right to terminate: you may delete your account at any time via Settings → Account → Delete. Your data will be soft-deleted immediately and permanently purged after 30 days. You may cancel deletion within that window by logging in.
12.2. Our right to terminate: we may suspend or terminate your account, with or without notice, if:
- You violate these Terms or the Acceptable Use Policy
- Your account is inactive for an extended period (currently no such purge planned, but we reserve the right)
- We are required to by law
- We discontinue the Service
12.3. Effect of termination:
- Your credit balance is forfeited
- Your User Content (chats, characters) is deleted after the 30-day grace period
- Sections of these Terms that by their nature should survive (Sections 4.2 license, 8 AI disclaimer, 14 disclaimers, 15 indemnification, 17 dispute resolution) continue to apply
13. Service "As Is"
13.1. The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise.
13.2. To the maximum extent permitted by law, we disclaim all warranties including merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and availability.
13.3. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any defect will be corrected. We do not warrant the quality, accuracy, or safety of AI outputs.
13.4. Some jurisdictions do not allow disclaimer of implied warranties. In those jurisdictions, our warranties are limited to the minimum required by law.
14. Limitation of Liability
14.1. To the maximum extent permitted by law, in no event will darkmes, its operators, affiliates, employees, agents, suppliers, or licensors be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the Service.
14.2. Our total liability to you for any claims arising out of or related to the Service shall not exceed the greater of (a) $100 USD or (b) the total amount you paid us in the 12 months preceding the claim.
14.3. The limitations above apply regardless of legal theory (contract, tort, statute, or otherwise) and regardless of whether we have been advised of the possibility of such damages.
14.4. Some jurisdictions do not allow exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted.
15. Indemnification
You agree to indemnify, defend, and hold harmless darkmes, its operators, affiliates, employees, agents, and licensors from any claims, demands, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of any law or regulation
16. Indemnification by darkmes — None
darkmes does not indemnify users against any claims arising from their use of the Service.
17. Dispute Resolution and Governing Law
17.1. Informal resolution: before filing any claim, you agree to attempt to resolve the dispute by contacting night@darkmes.com. We will try to resolve in good faith within 60 days.
17.2. Binding arbitration: any dispute that cannot be resolved informally shall be resolved through final, binding arbitration, on an individual basis only (not class arbitration). Arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules.
17.3. Class action waiver: you and darkmes waive any right to participate in a class action, mass action, or representative action.
17.4. Governing law: these Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. (Will be updated to reflect the jurisdiction of any future entity registration.)
17.5. Exception: notwithstanding the above, either party may bring claims for intellectual property infringement or injunctive relief in court.
18. Modifications
18.1. We may modify these Terms from time to time. Material changes will be communicated by:
- Posting the updated Terms with a new "Last updated" date
- Notifying registered users via in-app banner or email at our discretion
18.2. Your continued use of the Service after changes constitutes acceptance. If you do not agree, you must stop using the Service.
19. Miscellaneous
19.1. Entire agreement: these Terms (with the Privacy Policy, DMCA Policy, and any other linked policies) constitute the entire agreement between you and darkmes.
19.2. Severability: if any provision is held unenforceable, the remaining provisions remain in effect.
19.3. No waiver: our failure to enforce any provision is not a waiver of our right to enforce it later.
19.4. Assignment: you may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations freely.
19.5. Force majeure: we are not liable for failures or delays caused by events beyond our reasonable control (natural disasters, war, pandemics, government action, internet/infrastructure failure, etc.).
19.6. Contact:
- All inquiries (general, legal, DMCA, privacy, support, press):
night@darkmes.com - DMCA notices: same address — see DMCA Policy for required format
darkmes — talk to anyone. write your story.