Terms of Service
These terms are a software license agreement between you and DarkCent LLC, the seller of SleepyEye (“we,” “us”). By purchasing a license or using the software, you agree to them. If you don't agree, don't buy or use the software.
1. What this is
SleepyEye is computer software: a trading assistance tool that we provide as a resource. It is licensed privately to a small number of individually invited customers and is not offered to the general public. This is a license to use software — it is not an investment product.
2. Your license
When you purchase a tier, we grant you a personal, non-exclusive, non-transferable, non-sublicensable license to install and run the software for your own use, on accounts you own, for the term of your tier. One license permits one running instance at a time unless your tier expressly says otherwise; what each tier includes — instances, updates, and support — is as described on the pricing page when you buy. You may not:
- resell, redistribute, rent, lease, or share the software or your license;
- reverse engineer, decompile, or disassemble the software except where the law permits it despite this restriction;
- remove or alter proprietary notices.
We (and our licensors) keep all ownership of the software. Nothing here transfers any intellectual property to you beyond the license described above.
3. You have full control as you wish
The software runs on your own complimentary computer or infrastructure and connects to your own brokerage or exchange account. We do not actively monitor your instance, and we have no access to your personal credentials. We cannot ever take custody of money or assets. You are also responsible for configuring, supervising, and stopping your instance, and for every order it submits.
4. Not investment advice
The software is a tool that executes preset rules. It is impersonal and general — it is not tailored to your financial situation, needs, or objectives. Nothing on this site, in the software, in its documentation, default settings, or updates — and nothing we say in support conversations — is investment, financial, legal, or tax advice, or a recommendation to buy, sell, or hold any security or other asset. We are not your broker, investment adviser, or fiduciary, and we are not registered with the SEC, CFTC, or any other regulator. Every trading decision, including the decision to run the software at all, is yours alone.
5. Trading risk; no guarantees
Trading involves substantial risk of loss and is not suitable for everyone. We make no representation that the software will be profitable or will avoid losses. Past performance — including any backtest or historical result — does not indicate future results; backtested results in particular are hypothetical, do not reflect real execution, and have inherent limitations. Automated software can malfunction: bugs, connectivity failures, API changes, exchange or brokerage outages, and unexpected market conditions can all cause rapid, substantial losses, including losses greater than you intended to risk. Only trade with money you can afford to lose, and monitor anything you leave running.
6. Updates and support
Each tier includes the updates and support described on the pricing page, provided as-is and as-available, with no guaranteed response time or service level. While your license is active you receive every update we release, but we don't promise to develop the software indefinitely, and we may change or discontinue features over time.
7. Payment and taxes
Payments are processed by Stripe at the prices shown at checkout. After checkout, we communicate with the individual privately. You can cancel operations anytime you wish. You are responsible for any taxes that apply to your purchase, other than taxes on our income.
8. All sales final; no auto-renewal
All sales are final and we do not offer refunds, except where a refund is required by law. There is no subscription and nothing auto-renews, so there is nothing to cancel — to stop, simply don't make another weekly payment. Your access ends at the end of the last week you paid for.
9. Disclaimer of warranties
The software is provided “as is” and “as available,” without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the software will be uninterrupted, error-free, or secure, or that it will produce any particular trading result.
10. Limitation of liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any trading losses, lost profits, or lost data, arising out of or related to the software or these terms — even if we've been advised such damages are possible. Our total liability for all claims is nothing.
Some jurisdictions don't allow certain limitations, so parts of the above may not apply to you; in that case our liability is limited to the smallest extent the law allows.
11. Indemnification
You will defend and hold us harmless from claims and costs (including reasonable attorneys' fees) arising from your use of the software, your trading activity, or your breach of these terms.
12. Termination
You can stop using the software at any time. We may terminate your license if you materially breach these terms and don't fix the breach within 14 days of notice. Sections 4, 5, and 9 through 15 survive termination.
13. Changes to these terms
We may update these terms from time to time. If we make a material change, we'll notify you by email at least 14 days before it takes effect. If you don't accept the change, simply stop paying for further weeks; you keep access through the end of the week you've already paid for. Continuing to use the software after the change takes effect means you accept the updated terms.
14. Governing law
These terms are governed by the laws of the State of California, without regard to conflict-of-law rules, and any dispute will be resolved in the state or federal courts located there.
15. Contact
Questions about these terms: info@darkcent.org.