Document being finalized, subject to legal review.
The French version is the legally binding version.
Article 1 — Purpose and scope
These General Terms of Use (the “Terms”) govern access to and use of the dark-moon.org website and its subdomains, the client area, the partner area, and the open-source Community edition of the DarkMoon software. They apply to any user, whether a visitor, a holder of a free account, a client or a partner. They do not govern the sale of paid services (which is governed by the General Terms of Sale, “GTS”) or the rights in the code of the Community edition, which are governed exclusively by the GPL-3.0 licence.
Article 2 — Order of precedence of the documents
The contractual set is made up, in decreasing order of precedence, of the following documents: (1) the signed special conditions or purchase order; (2) the GTS; (3) these Terms of Use; (4) the Acceptable Use Policy; (5) the technical documentation. By exception to this order: the Data Processing Agreement prevails over any other document as regards the processing of personal data; and the protective provisions applicable to a Consumer prevail for the Consumer's benefit. This order-of-precedence clause is a single clause and applies identically to the Terms of Use and to the GTS.
Article 3 — Acceptance and amendment
Use of the website constitutes acceptance of these Terms. Creating an account requires their express acceptance by way of a non-pre-ticked checkbox. ASC may amend the Terms; account holders are informed of any substantial amendment by email and by on-site notice, subject to thirty (30) days' prior notice. As regards a Consumer, no substantial amendment is enforceable against them without their express agreement; failing agreement, the Consumer may terminate free of charge and the previous conditions remain applicable until the end of the current period. Amendments never apply retroactively to orders already placed.
Article 4 — Description of the DarkMoon product
DarkMoon is an artificial-intelligence-assisted penetration testing (“pentest”) platform. Software agents plan and orchestrate offensive security operations by means of a controlled execution layer, and produce an audit report documented with evidence. The product is offered in several editions and services described in the GTS. A data-minimisation feature, the “Privacy Gateway”, is described in the Privacy Policy.
Article 5 — User accounts
5.1 Account creation and security
Access to the client or partner areas requires the creation of an account. Authentication is carried out by a one-time passcode sent by email (OTP). The user provides accurate information, keeps their access credentials confidential and reports any unauthorised use without delay. Each account is personal.
5.2 Partner area
Access to the partner area is subject to an approval procedure (verification of the company's identity). ASC may accept, refuse or suspend an application. The commercial conditions are set out in the GTS applicable to the Partner Programme.
Article 6 — Rules of use
The user shall not disrupt the operation of the website, access it by unauthorised automated means, infringe the intellectual property rights of ASC or of third parties, upload unlawful content, or use DarkMoon in breach of the law or of the Acceptable Use Policy. Any breach may result in the suspension or closure of the account.
Article 7 — Open-source Community edition
7.1 Legal regime
The Community edition of DarkMoon is free software distributed under the GNU General Public License version 3 (GPL-3.0), which constitutes a standalone contract entered into directly between ASC and each user of the code, including non-clients. These Terms in no way restrict the freedoms granted by the GPL-3.0 (use, study, modification and redistribution of the source code). No provision of this set of documents may add any restriction to the rights guaranteed by that licence.
7.2 No warranty and no support
In accordance with sections 15 and 16 of the GPL-3.0, the Community edition is provided “as is”, without any warranty and without any support commitment. Any community support that may be provided is gratuitous and discretionary, outside of any service level. These exclusions do not affect the mandatory statutory warranties from which a Consumer may benefit in respect of the paid services only.
7.3 Scope excluded from the paid services
The Community edition is not a “Service” within the meaning of the GTS. The warranties, service levels and liability commitments provided for in the GTS apply only to the paid editions and services. The trademarks, logos and proprietary components of the Pro edition are not covered by the GPL-3.0 licence.
7.4 Lawful use
As the Community edition is an offensive security tool with real execution, the user is solely responsible for it. Its use is subject to the applicable laws, in particular Articles 323-1 et seq. of the French Criminal Code. As regards users of the Community edition alone, the Acceptable Use Policy operates as a reminder of legal obligations and adds no contractual obligation liable to restrict the freedoms of the GPL-3.0 licence.
Article 8 — Availability of the website
ASC endeavours to ensure the accessibility of the showcase website and of the documentation, without undertaking any availability obligation in this respect. Access may be suspended for maintenance. The availability of the paid services is governed by the GTS.
Article 9 — Personal data and cookies
The processing of personal data and the arrangements relating to cookies are described in the Privacy Policy.
Article 10 — Governing law
These Terms are governed by French law. Disputes are subject to the jurisdiction rules set out in the GTS (provisions applicable to consumers or to professionals, as the case may be).