Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the websites, including darcstandard.org and app.darcstandard.org (the “Sites”), and the DARC platform (the “Platform”), operated by DARC Security LLC, a Delaware limited liability company doing business as “DARC” (“DARC,” “we,” “us,” or “our”). By accessing or using the Sites or the Platform, you agree to these Terms. If you do not agree, do not use the Sites or the Platform.

1. Relationship to Customer Agreements

Organizations that subscribe to DARC’s services do so under a separate subscription agreement (the “Customer Terms and Conditions”) accepted during onboarding. If you use the Platform on behalf of a subscribed organization, the Customer Terms and Conditions govern that organization’s subscription, and in the event of any conflict between these Terms and the Customer Terms and Conditions, the Customer Terms and Conditions prevail with respect to that subscription.

2. The Platform

DARC operates an automated security compliance platform that validates security controls on a continuous basis and issues certifications under the DARC Standard. Descriptions of the Platform and the DARC Standard controls are available on the Sites. We may modify, add to, or discontinue features of the Sites or Platform at any time.

3. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Platform. If you use the Platform on behalf of an organization, you represent that you are authorized to act for that organization. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate and complete information and to keep it current. Notify us promptly at security@darcstandard.org of any suspected unauthorized use of your account.

4. Google Sign-In and Google Workspace Integration

The Platform allows you to sign in with your Google account and allows Google Workspace administrators to connect their organization’s Workspace tenant to DARC for read-only, automated validation of security controls. What we access and how we handle that data is described in our Privacy Policy. DARC’s use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. You or your administrator may disconnect Google access at any time via your Google Account permissions or the Google Admin console.

5. Acceptable Use

You agree not to, and not to permit any third party to:

• Use the Sites or Platform in violation of applicable law.
• Access or attempt to access accounts, systems, or data without authorization, or probe, scan, or test the vulnerability of the Sites or Platform without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Sites or Platform.
• Scrape, crawl, harvest, or bulk-extract content or data from the Sites or Platform.
• Reverse engineer, decompile, or attempt to derive the source code of the Platform, except to the extent such restriction is prohibited by law.
• Misrepresent your identity or affiliation, or submit false or misleading information to the Platform.
• Access or use the Platform to develop, or assist in developing, a competing product or service.

6. Intellectual Property

The Sites, the Platform, the DARC Standard, and all related content, trademarks (including “DARC” and the DARC logos and badges), and technology are owned by DARC or its licensors and are protected by intellectual property laws. Except as expressly permitted in writing by DARC (including under the Customer Terms and Conditions), no rights are granted to you in any of the foregoing. Certification badges and marks may be used only by organizations holding a valid certification and only in accordance with their agreement with DARC.

7. Third-Party Services

The Sites and Platform may link to or interoperate with third-party services (including Google). Those services are governed by their own terms and privacy policies, and DARC is not responsible for them.

8. Disclaimers

THE SITES AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DARC DOES NOT WARRANT THAT THE SITES OR PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. A DARC CERTIFICATION IS AN ATTESTATION THAT AN ORGANIZATION SATISFIED THE APPLICABLE CONTROLS AT THE RELEVANT TIME; IT IS NOT INSURANCE, A GUARANTEE OF SECURITY, OR A REPRESENTATION THAT ANY ORGANIZATION CANNOT BE COMPROMISED, AND ANY RELIANCE ON A CERTIFICATION IS AT THE RELYING PARTY’S OWN RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITES OR PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARC’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). FOR SUBSCRIBED ORGANIZATIONS, LIABILITY ARISING FROM THE SUBSCRIPTION IS GOVERNED EXCLUSIVELY BY THE CUSTOMER TERMS AND CONDITIONS. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Indemnification

You will defend and indemnify DARC against third-party claims arising from your violation of these Terms or your misuse of the Sites or Platform, except to the extent caused by DARC. For subscribed organizations, indemnification for subscription matters is governed by the Customer Terms and Conditions.

11. Copyright Complaints

If you believe content on the Sites infringes your copyright, send a notice satisfying 17 U.S.C. § 512(c)(3) to legal@darcstandard.org with “DMCA Notice” in the subject line. We will respond to valid notices, including by removing or disabling access to the identified material.

12. Feedback

If you send us suggestions, ideas, or other feedback about the Sites or Platform, you grant DARC a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you.

13. Export Controls and Sanctions

You may not use the Sites or Platform in violation of U.S. export control or sanctions laws, and you represent that you are not located in an embargoed jurisdiction and are not on any U.S. government restricted-party list.

14. Termination

We may suspend or terminate your access to the Sites or Platform at any time for violation of these Terms or where required by law. Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Feedback), 15 (Governing Law and Disputes), and 16 (General) survive termination.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflicts of laws principles. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to personal jurisdiction and venue in those courts.

16. General

These Terms are the entire agreement between you and DARC regarding the Sites and, except as stated in Section 1, your use of the Platform; they do not amend or supersede the Customer Terms and Conditions. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver. There are no third-party beneficiaries to these Terms.

17. Changes to These Terms

We may update these Terms from time to time. We will post the updated version at this URL with a revised “Last updated” date. Material changes will take effect no earlier than the date they are posted, and we will provide notice through the Sites or by email where appropriate. Your continued use of the Sites or Platform after changes take effect constitutes acceptance of the revised Terms.

18. Contact

DARC Security LLC
Legal: legal@darcstandard.org
Security issues: security@darcstandard.org