Terms of Service

Please read these terms carefully before using our website or services.

Effective Date: April 16, 2026

1. Acceptance of Terms

By accessing or using the website located at projectdarkhorse.ai (the “Site”), any subdomains thereof, or any services provided by Darkhorse Data Solutions LLC (“DARKHORSE,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, do not use the Site or our services.

These Terms constitute a legally binding agreement between you and Darkhorse Data Solutions LLC, an Iowa limited liability company with its principal place of business at 406 Michigan, Storm Lake, Iowa 50588.

Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

2. Description of Services

DARKHORSE provides high-performance web development, digital marketing, performance auditing, and data solutions for businesses. Our services include but are not limited to:

• Custom website design and development using proprietary framework architecture
• Search engine optimization (SEO) and structured data implementation
• Website performance benchmarking and auditing
• Digital marketing strategy and consulting
• Lead generation and routing solutions
• Inventory management and display systems
• Ongoing website hosting, maintenance, and support

The specific scope of services for any client engagement will be defined in a separate service agreement or statement of work.

3. Use of Website

Permitted Use

You may use the Site for lawful purposes in accordance with these Terms. You may access publicly available content, use our benchmark tools as intended, and submit inquiries through our contact and lead forms.

Prohibited Conduct

You agree not to:

• Use the Site in any way that violates any applicable federal, state, or local law or regulation
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site
• Use any automated system, including robots, spiders, or scrapers, to access the Site for any purpose without our express written permission
• Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful
• Interfere with or disrupt the integrity or performance of the Site or its related systems
• Attempt to reverse-engineer, decompile, or disassemble any portion of the Site or its underlying technology
• Impersonate or misrepresent your affiliation with any person or entity
• Use the Site to transmit unsolicited advertising, spam, or other forms of solicitation

4. Benchmark Tool & Reports

The Site may provide access to website performance benchmarking tools and reports (the “Benchmark Tool”). These tools generate reports based on data obtained from the Google PageSpeed Insights API and other third-party analysis services.

You acknowledge and agree that:

• Benchmark reports are provided for informational purposes only and do not constitute a guarantee of any particular performance outcome
• Scores and metrics generated by the Benchmark Tool reflect data from third-party APIs at the time of analysis and may vary between runs due to network conditions, server load, geographic location, and other external factors
• DARKHORSE does not warrant the accuracy, completeness, or reliability of any third-party data used in generating benchmark reports
• Reports should not be used as the sole basis for business decisions without independent verification
• Historical benchmark data may be retained for competitive analysis, trend monitoring, and service improvement purposes

5. User Submissions

When you submit information through the Site — including but not limited to contact forms, benchmark request forms, or business inquiry forms — you grant DARKHORSE a non-exclusive, royalty-free right to use, store, and process that information for the purpose of providing our services and communicating with you.

Information you may submit includes:

• Your name, email address, phone number, and business name
• Website URLs submitted for benchmarking or analysis
• Business information provided in connection with service inquiries
• Any additional details you voluntarily provide through our forms

We will handle all submitted information in accordance with our Privacy Policy. You represent that any information you submit is accurate, current, and does not violate the rights of any third party.

6. SMS Communications Terms

By providing your phone number and opting in to receive text messages from DARKHORSE, you consent to receive SMS and MMS messages from Darkhorse Data Solutions LLC. This section outlines the terms governing our SMS communications program.

Consent

By opting in to our SMS program, you expressly consent to receive recurring automated text messages from DARKHORSE at the phone number you provide. Consent is not a condition of purchase or use of our services. You may opt in by submitting a form on our Site that includes an SMS consent checkbox, by texting a designated keyword to our short code or phone number, or by providing verbal or written consent during a service engagement.

Message Frequency

Message frequency varies. You may receive messages related to service updates, appointment confirmations, benchmark report notifications, promotional offers, and responses to your inquiries. We will not send more messages than reasonably necessary.

Opt-Out

You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from us. Upon receiving your opt-out request, we will send a single confirmation message and cease all further SMS communications to that number. You may also contact us at hello@projectdarkhorse.ai or call (712) 218-3231 to request removal from our SMS list.

Help

For assistance with our SMS program, reply HELP to any message or contact us at the email address or phone number listed above.

Message and Data Rates

Message and data rates may apply depending on your mobile carrier and plan. DARKHORSE is not responsible for any charges incurred from your carrier for receiving text messages.

Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. DARKHORSE makes no guarantees regarding message delivery timing or reliability, as these are subject to your carrier’s network and infrastructure.

Privacy

Phone numbers collected for SMS purposes will not be shared with third parties for their marketing purposes. Your information will be used solely to deliver the messages you have consented to receive and as described in our Privacy Policy.

7. Intellectual Property

All content on the Site — including but not limited to text, graphics, logos, icons, images, audio, video, software, code, data compilations, benchmark reports, analysis methodologies, and the design and arrangement thereof — is the property of Darkhorse Data Solutions LLC or its licensors and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

The DARKHORSE name, logo, and all related marks are trademarks of Darkhorse Data Solutions LLC. You may not use any of our trademarks without our prior written consent.

The DARKHORSE framework architecture, deployment pipeline, configuration systems, and all associated proprietary technology constitute trade secrets of Darkhorse Data Solutions LLC. No license, right, or interest in any of our intellectual property is granted to you by these Terms except the limited right to access and use the Site as expressly permitted herein.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources, including but not limited to Google PageSpeed Insights, Google Lighthouse, and other web analysis tools. These links are provided for your convenience only.

DARKHORSE does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of any third-party website or service is at your own risk and subject to that third party’s terms and conditions.

Any data obtained from third-party APIs (including Google PageSpeed Insights) is subject to those services’ own terms of service and usage policies. DARKHORSE is not responsible for changes to, interruptions of, or discontinuation of any third-party service.

9. Disclaimer of Warranties

The Site and all content, materials, information, services, and products available through the Site are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.

To the fullest extent permitted by applicable law, DARKHORSE disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

DARKHORSE does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any information provided through the Site, including benchmark scores and performance reports, is accurate, complete, reliable, current, or error-free.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Darkhorse Data Solutions LLC, its members, managers, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with:

• Your access to, use of, or inability to access or use the Site or our services
• Any conduct or content of any third party on or related to the Site
• Any content obtained from the Site, including benchmark reports and performance data
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Site exceed one hundred dollars ($100.00) or the amount you have paid to DARKHORSE in the twelve (12) months preceding the claim, whichever is greater.

11. Indemnification

You agree to defend, indemnify, and hold harmless Darkhorse Data Solutions LLC, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to the Site or our services
• Your violation of any provision of these Terms
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
• Any claim that information you submitted through the Site caused damage to a third party

This indemnification obligation will survive the termination of these Terms and your use of the Site.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Buena Vista County, Iowa, and you consent to the personal jurisdiction and venue of such courts.

13. Modifications to Terms

DARKHORSE reserves the right to modify these Terms at any time at our sole discretion. When we make changes, we will update the “Effective Date” at the top of this page.

Your continued use of the Site after any such modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Site.

We encourage you to review these Terms periodically to stay informed of any updates.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

The failure of DARKHORSE to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: