teRms of seRvice
Preview build. These documents are drafts pending review by counsel and are not legal advice. Numbers and terms may change before launch.
The master contract governing use of the getDARC.com site and purchases from it; a preview draft pending counsel review.
1. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use getDARC.com (the Service), which is operated by Tombatossals Softworks LLC (DARC, we, us). The Service is directed to the United States and priced in US dollars. By creating an account or placing an order you confirm that you meet this age requirement.
You are responsible for the accuracy of your account details and for all activity under your credentials. Any account that has purchase history must enable two-factor authentication (2FA); this protects your order and payment records and is required, not optional.
- Keep your credentials confidential.
- Tell us promptly of any unauthorized use of your account.
- One person per account.
2. Acceptable use and prohibited conduct
You agree not to misuse the Service. That means no unlawful activity, no interference with its security or availability, no scraping or automated abuse, no attempts to bypass pricing or inventory controls, and no infringement of the rights of others.
Conduct in the community forum is governed by the Acceptable Use Policy, which sets out prohibited content, moderation, and enforcement. Copyright complaints follow the DMCA Policy. Those documents are incorporated into these Terms.
3. Orders and formation of contract
A product listing or configured build is an invitation to purchase, not a binding offer. The order you submit is your offer to buy at the stated total. A contract forms only when we confirm the order and payment is authorized; before that point we may decline or cancel an order, for example for suspected fraud, a pricing error, or unavailable stock.
Custom builds freeze their bill of materials at checkout, so the machine we assemble is the machine that was configured and priced. Every order records the engine version used to compute it.
4. Pricing and the pricing engine
Prices are shown in US dollars, exclusive of tax; applicable sales tax is calculated and displayed at checkout based on your shipping address. The price you pay is computed by our pricing and compatibility engine, and the server is the source of truth. Your browser runs the same engine for instant feedback, but the server recomputes the total and compatibility at checkout.
If the price your browser submits does not match the server's recomputed price, the order is rejected and re-quoted. We never silently charge an amount other than the one the server computes and shows you.
We do not use fake scarcity, invented strike-through or was prices, fake countdown timers, or pre-checked boxes. Any stock count or time limit we show is real, and any reference price is a genuine MSRP or a true prior price. This is a binding commitment, not a slogan.
5. Payment and financing
Payments are processed by Stripe. Card details are entered directly into Stripe-hosted fields; we never receive or store your full card number. By paying you authorize the charge of the order total, including tax and shipping.
Where eligible, installment financing through Affirm or Klarna may be offered at checkout. Financing options are presented flat, with no option pre-selected and without hiding the cash price. The provider sets and discloses the real terms and APR, carries the credit risk, and collects from you directly; we are paid the order total up front.
6. Shipping and risk of loss
Shipping methods, handling and transit times, insurance, and any regional restrictions are described in the Shipping Policy. Standard shipping is free on orders over $99; other methods are priced at checkout and form part of the server-authoritative total.
Title and risk of loss pass to you on delivery by the carrier. High-value parcels ship insured to the order value and require signature on delivery. Loss or damage in transit before delivery is handled as a carrier or RMA claim.
7. Returns and warranty
New builds and eligible new products may be returned within 30 days under the conditions in the Returns and Refunds Policy. Assembly labor is charged at $149 for standard assembly and $249 for premium assembly; return eligibility, restocking, and non-returnable items are set out in that policy. DARC Vault (retro and used) units are graded and may carry narrower return terms tied to a mismatch with the stated grade.
New builds carry a 2-year limited warranty covering workmanship and component defects, as described in the Warranty terms; the warranty is expressly designated Limited. Vault units are warranted as graded as of shipment, not as new products. The exact warranty term and its limits are stated in the Warranty terms and are being confirmed with counsel for this preview.
8. Intellectual property and user content
The Service, including its design, text, engine, and trademarks, is owned by DARC or its licensors and is protected by law. You may use the Service only as permitted by these Terms.
You retain ownership of content you post to the forum, and you grant DARC a non-exclusive, worldwide, royalty-free license to host, display, and distribute it for the operation of the Service. Content rules are in the Acceptable Use Policy; copyright notices and counter-notices follow the DMCA Policy.
9. Disclaimers of warranty
Except for the express Limited warranty on new builds and the as-graded Vault warranty, and except as required by law, the Service and products are provided as is and as available. Modeled figures such as Build Score and Estimated FPS are estimates, labeled as such, and are not guarantees of performance.
We do not warrant that the Service will be uninterrupted or error-free. This section does not exclude implied warranties that cannot be excluded under applicable law; where an implied warranty cannot be disclaimed, its duration is limited to the written warranty term where the law allows.
10. Limitation of liability and indemnification
To the maximum extent permitted by law, DARC is not liable for indirect, incidental, special, or consequential damages, or for lost profits or data. Our total liability for any claim relating to an order is limited to the amount you paid for that order. Nothing here limits liability that cannot be limited by law.
You agree to indemnify and hold DARC harmless from claims arising out of your breach of these Terms, your misuse of the Service, or content you post, to the extent permitted by law.
11. Dispute resolution and governing law
These Terms are governed by the laws of the United States and the state in which Tombatossals Softworks LLC is organized, without regard to conflict-of-laws rules.
The dispute-resolution mechanism, including any arbitration agreement, class-action waiver, and venue, is under review by counsel and is presented here as a preview draft. This clause is not final; the published Terms will state the binding procedure, and nothing in this draft waives a right that cannot be waived under applicable law.
12. Changes, versioning, and contact
These Terms are versioned with a semantic version and an effective date. When we make a material change, we bump the version, update the effective date, and surface the change. Continued use after a change takes effect means you accept the updated Terms.
This is a preview draft pending legal review and is not legal advice. Questions about these Terms may be sent to [email protected].