Terms - Darsky Creative

Updated: November 13, 2025

The following are the terms of use of the Darsky Creative website and services. You can also view our Privacy Policy to learn about our practices towards handling any personal information that you may provide to us.

Before using Darsky Creative services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF Darsky Creative SERVICES (“SERVICES”). BY USING THE DARSKY CREATIVE SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT THE SOLE DISCRETION OF DARSKY CREATIVE. IF YOU DO NOT AGREE AND ABIDE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

ACCEPTANCE OF TERMS

The web pages available at darskycreative.com and all associated pages (“Site”) like the Website Maintenance page, Support page, are owned and operated by Darsky Creative (“Darsky Creative”) and accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before purchasing, subscribing to, or using Darsky Creative services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description Of Service

The Site is an internet service that offers support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Darsky Creative makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

Your access to and use of the Site may be interrupted from time to time, as a result of equipment malfunction, upgrade, maintenance or repair of the Site or otherwise, within or outside the control of Darsky Creative. Darsky Creative has the right to change, suspend or discontinue the availability of the Site and/or Services and/or remove any content at any time in its sole discretion without notice.

REGISTRATION

As a condition to using Services, you may be required to open an account with Darsky Creative or GoDaddy (“Reseller”) and create a unique password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and suspension and/or termination of your Darsky Creative account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise not appropriate and/or offensive.

Please do not reveal your Account information to anyone else. You are responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you must agree to immediately notify Darsky Creative of any security breach of your Account. Darsky Creative shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Darsky Creative or Reseller account.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Darsky Creative Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

PAYMENT

All Darsky Creative Plans are recurring subscriptions that automatically charge your provided credit or debit card every 30 days until a cancellation request is submitted.

You agree that you will pay for the Services, and that Darsky Creative may charge your selected payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.

Prices for the Services may change at any time at Darsky Creative’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Darsky Creative, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Darsky Creative, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Darsky Creative username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

LIMITATION OF LIABILITY

In no event shall Darsky Creative be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

Darsky Creative, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY Darsky Creative OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

NTELLECTUAL PROPERTY

Darsky Creative graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Darsky Creative. Darsky Creative’s intellectual property may not be used in connection with any product or service without the prior written consent of Darsky Creative.

SUPPORT REQUESTS & REASONABLE USE

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email support@darskycreative.com.

Each request is subject to review by Darsky Creative and contingent upon distinct agreement between You and Darsky Creative. Your requests are subject to approval by Darsky Creative management or by its assigned agent. The effort required for resolution of each request is exclusively determined by the Darsky Creative management.

Darsky Creative provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.

NATURE OF REQUESTS

Requests may include but are not limited to the following categories.

Theme/plugin audits
Theme/plugin installation and implementation
HTML, CSS, JavaScript changes
Custom WordPress plugin development
Custom WordPress theme development
Copywriting, content population, or image/graphic editing
Creation of graphics (e.g. logos, buttons, banners, etc.)
WordPress configuration analysis and advice
Optimization of CSS, JavaScript, and Images

If you are unsure whether or not a request meets these criteria, submit it as a request to support@darskycreative.com and we will either accept the ticket or deny the ticket based on managerial approval.

THIRD-PARTY MATERIALS

Certain services available may include materials from third parties. If Darsky Creative provides links to third-party materials as a convenience to you, you agree that Darsky Creative is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability and / or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree not to use any third-party materials in a manner that would infringe or violate the rights of any other party and that Darsky Creative is not in any way responsible for any such use by you.

TERMINATION & CANCELLATION

Darsky Creative Plans are either monthly or annual subscriptions, based on the type of service purchased and shall reflect on the original receipt sent after registration. The Plans automatically charge your provided credit or debit card every 30 days (for Monthly) or 1 year (for Annual) until a cancellation request is submitted.

You may cancel your Darsky Creative service anytime. A valid cancellation request is one made via sending an email or submitting a contact form with the subject line “Plan Change” or “Cancellation Request”.

Darsky Creative may terminate or suspend any and all Services and/or your Darsky Creative account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to cancel your Darsky Creative account, you must Contact us with your cancellation request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You can contact us through the contact page or by the provided email address to issue a termination request.

REFUNDS

All products or services found on this site are governed by a 30-day money-back guarantee for new customers. This refund guarantee does not cover renewals for monthly or annual plans, and returning clients. Darsky Creative also does not provide pro-rated refunds for annual or monthly plans.

The 30-day count begins on the date of first purchase and registration of the service.

Even if a valid termination or cancellation request is received outside the 30-days window, any opportunity for a refund is considered waived and products and services are deemed non-refundable.

Renewals are considered non-refundable if the request to terminate or cancel service is made outside the 30-day window.

This covers both monthly and annual subscriptions.

You can include the refund request in your valid termination request as prescribed above if you are within the 30-day window.

If you request a refund within the 30-day window, this will be processed by your assigned Client Manager and will be returned within the timeframes stipulated by your bank or financial institution.

Please submit a contact form or email in case you have not received your refund after 1 calendar month.

CHANGE

Darsky Creative reserves the right, at its sole discretion, to change or remove or replace or add to the terms at any time. If the alterations constitute a material change to the terms, Darsky Creative will notify you by posting an announcement on the website. What constitutes a material change will be determined at Darsky Creative’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

MISCELLANEOUS

No partnership, agency, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Darsky Creative in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Darsky Creative shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Darsky Creative’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Darsky Creative may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within California between two residents thereof, the parties submit to the exclusive jurisdiction of California courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.