Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “Licensee”, or “you”) and DomSpade Pro, operated by an independent software developer (“Developer”, “we”, “us”, or “our”).

These Terms govern your access to and use of the website located at domspade.com (the “Site”), hosted on the cloud, your online user account authenticated via Clerk, payment transactions processed via Dodo Payments, and the downloadable Domspade Pro desktop computer software application for macOS and Windows, which runs independently on your local system (collectively, the “Software”).

By purchasing a license, downloading, installing, launching, or using the Software, or by accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not purchase, install, or use the Software.

1. Age Requirement & Eligibility

You must be at least thirteen (13) years of age to access the Site or use the Software. If you are between the ages of 13 and the legal age of majority in your jurisdiction (typically 18 years old), you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms on your behalf prior to your use or purchase.

By using Domspade Pro, you represent and warrant that you possess the full legal right, power, and authority to enter into this agreement and comply with all applicable local, national, and international laws.

2. Software License Grant & Lifetime Updates

Perpetual License: Domspade Pro is sold for a one-time price of $49 per license (regular retail price $100, currently discounted by 51%). Upon payment, the Developer grants you a personal, worldwide, non-exclusive, non-sublicensable, non-transferable (except via official seat transfer), perpetual license to download, install, and execute the Software on one (1) physical or virtual machine workspace at any given time (“Workspace License”).

Free Future Updates for Life: Your valid license entitles you to receive all future software updates free of charge. Updates are not restricted to or dependent on a specific major version (such as v1.x or v2.x). All future versions, engine performance patches, new discovery features, and registry protocol updates are completely free to download and update for any user with a valid license key.

Independent Local Execution: Each software license is independent and runs strictly on your own computer system. The website is hosted in the cloud to manage authentication and license activation, while the actual workstation application operates locally on your machine.

Single Active Workspace & Transferability: Each purchased license key permits exactly one active workstation installation at any given time. If you replace your computer, upgrade your operating system, or switch workstations, you may release and deactivate your workspace license key via your online account dashboard and activate the license on your new machine with no additional fee.

License Restrictions: Except as expressly permitted by law, you shall not:

• Sell, resell, rent, lease, sublicense, distribute, host, or commercially exploit the Software binary or your assigned license key;
• Reverse engineer, decompile, decrypt, disassemble, or attempt to derive the source code or proprietary algorithms of the compiled binary;
• Modify, adapt, translate, or create derivative works of any portion of the Software;
• Bypass, alter, disable, or tamper with any digital rights management, license verification mechanism, or activation servers;
• Bundle, package, or distribute the Software with any automated bot nets, malware, or unauthorized third-party tooling.

3. Local Architecture, Query Speeds & Cloud Backups

Direct Query Engine (50 to 500+ Checks/Sec): When checking domain name availability, Domspade Pro connects directly from your local computer to authoritative root registry servers via raw network sockets and RDAP. Depending on your system hardware resources, CPU capacity, and internet bandwidth, the engine can sustain 50 to 500+ verified queries per second. Search queries stay 100% private on your machine and are never routed through, inspected, or logged by the Developer.

Zero Access to User Data: All your portfolios, watchlist names, acquisition costs, buyer notes, and deal flow CRM stages live exclusively in an SQLite database on your device. We do not have access to any user data apart from the securely stored, encrypted backup file system.

Automated & Manual Cloud Backups: Domspade Pro includes an automated cloud backup system that automatically runs upon software initialization and repeats periodically after a set amount of time. Users may also manually trigger a cloud backup at any time. All backup files are safely stored in the cloud in an encrypted state. We use your private license key to decrypt the backup.

Data Loss Disclaimer: While automated cloud backups and manual snapshots are provided for convenience, you are solely responsible for keeping local backups of your data. Because decryption requires your valid license key, lost license keys cannot be recovered by the Developer to decrypt backups. The Developer assumes zero liability for any loss, corruption, or destruction of local databases or backup archives.

IP Rate Limits & Registry Blocks: Because queries originate directly from your computer's IP address, you are solely responsible for controlling query concurrency and adhering to registry Acceptable Use Policies (AUP). The Developer is not responsible if a third-party registry, DNS resolver, or network ISP temporarily rate-limits, throttles, or blacklists your IP address due to high-frequency bulk scanning.

4. Third-Party Services, BYOK AI & Sensitive Data Security

Encrypted & Secured Sensitive Data: All sensitive user data - including your third-party AI provider API keys - is encrypted and stored securely on your local system. We never transmit your raw API keys to our servers or expose them to third parties.

Bring Your Own Key (BYOK) Model: The AI Domain Assistant and automated brand generation tools connect directly to third-party artificial intelligence providers (such as OpenAI, Groq, OpenRouter, Anthropic, or local models via Ollama) using your own API keys. The Developer charges 0% markup on AI tokens.

Third-Party Terms & Costs: You are solely responsible for all API token usage costs, rate limits, account balances, and compliance with the terms of service of each respective AI provider.

Third-Party Data Disclaimer: The Software connects to external public data sources for due diligence checks (such as the Internet Archive Wayback Machine, GLEIF corporate registry, DNSBL spam blacklists, and RDAP endpoints). The Developer does not control, verify, or guarantee the availability, uptime, accuracy, or completeness of any data returned by these external services.

5. No Domain Registrar, Brokerage, or Escrow Relationship

Not an ICANN Registrar: Domspade Pro is an investigative intelligence, discovery, and portfolio workflow tool. The Developer is not an ICANN-accredited domain registrar, domain reseller, domain broker, auction house, or licensed escrow agent. Domspade Pro does not register domain names, collect domain registration fees, hold domain names in escrow, or execute transfers.

Indicative Availability: When the Software reports that a domain name is “Available”, this status represents an automated, point-in-time interpretation of raw server responses returned by the authoritative registry. The Developer does not guarantee that a domain reported as available can actually be registered, that the registry will accept your registration, or that the domain has not already been reserved or placed on hold by the registry.

Third-Party Front-Running Disclaimer: While Domspade Pro eliminates search logging on our systems, network queries transit public internet infrastructure, local ISPs, and registry name servers. The Developer assumes no responsibility or liability if an automated drop-catcher, third-party registrar, or outside actor registers, drops, or alters the price of any domain name prior to your registration attempt.

Independent Deal Negotiations: The Deal Flow CRM module is solely an internal organizational tool. All transactions, negotiations, transfers, contracts, and commission settlements are conducted directly between you and your counterparties or third-party marketplaces (e.g., Escrow.com, Sedo, Dan.com, Afternic). The Developer is not a party to, and disclaims all liability regarding, any domain transaction.

6. No Investment, Financial, Appraisal, or Legal Advice

Algorithmic Estimates Only: Any quality scores, pronounceability ratings, entropy scores, past sales comparables, or holding cost calculations provided by the Software are automated mathematical heuristics provided strictly for educational and informational purposes.

No Financial or Investment Advice: Nothing contained within the Software or on domspade.com constitutes financial, investment, appraisal, tax, or legal advice. Domain name investing carries substantial commercial risks, including illiquidity, price volatility, and total loss of invested capital. You are solely responsible for conducting your own independent financial and legal due diligence before buying, appraising, or selling any domain name.

7. Trademark Diligence & Anti-Cybersquatting Responsibility

User Sole Responsibility: You represent and warrant that you will conduct thorough, independent trademark searches across relevant national and international trademark databases (including USPTO, EUIPO, and WIPO) before attempting to register, acquire, or sell any domain name found using Domspade Pro.

Prohibition on Cybersquatting: You explicitly agree that you will not use Domspade Pro to search for, register, hold, or sell any domain name with the bad-faith intent to profit from the trademark, trade name, or personal goodwill of any third party in violation of the Anticybersquatting Consumer Protection Act (15 U.S.C. § 1125(d)), the Uniform Domain-Name Dispute-Resolution Policy (UDRP), or any comparable global law.

The Developer makes no representation or warranty that names generated by pattern generators, brand synthesizers, or AI assistants are free of registered trademarks, common-law proprietary rights, or commercial disputes. You assume all legal and financial risks associated with intellectual property claims.

8. Payments (Dodo Payments), Authentication (Clerk) & 7-Day Refund Policy

Pricing: Domspade Pro is sold for a one-time purchase price of $49.00 USD per license (discounted 51% from the regular $100.00 price). There are no recurring monthly subscriptions or annual maintenance fees.

Payment Processing via Dodo Payments: All order checkouts, invoicing, currency conversions, sales tax calculations, and payment card transactions are processed securely by Dodo Payments. By purchasing a license, you agree to Dodo Payments' terms of service and billing policies.

Authentication via Clerk: User account registration, sign-in authentication, and license key portal security on domspade.com are powered by Clerk.

7-Day Money-Back Guarantee: We offer an unconditional 7-day money-back guarantee. If you are not satisfied with Domspade Pro for any reason, you may request a 100% full refund by emailing contact@domspade.com within seven (7) consecutive calendar days of your initial license purchase.

Upon issuance of a refund, your license key will be permanently deactivated and your workspace entitlement terminated.

Chargebacks & Disputes: If you initiate an unauthorized payment chargeback, dispute, or credit card reversal without first contacting us to request a refund under our 7-day policy, we reserve the right to immediately terminate your license and pursue all available legal remedies to recover associated banking fees.

9. Acceptable Use & Prohibited Conduct

You agree that you will not use the Site or the Software to:

• Launch automated distributed denial-of-service (DDoS) attacks, flood root nameservers, or intentionally degrade internet infrastructure;
• Circumvent or exploit any rate-limiting mechanisms or protocols established by domain registries or network providers;
• Violate any local, state, federal, or international statute, ordinance, or treaty;
• Distribute, publish, share, or post your personal license key or activation credentials publicly or on file-sharing repositories;
• Harass, stalk, threaten, or violate the privacy rights of any individual, including using OSINT background search tools for unlawful profiling or doxxing;
• Transmit any computer viruses, worms, Trojan horses, or harmful code via the Site or Software.

10. Intellectual Property Rights

The Software, Site, user interface designs, visual layouts, branding, compiled code, icons, documentation, and database schemas are the sole and exclusive intellectual property of the Developer and are protected by copyright, trademark, and other proprietary laws.

Nothing in these Terms grants you any ownership rights, title, or interest in or to the Software or the Domspade brand, except for the limited, non-exclusive license explicitly granted in Section 2.

11. Disclaimer of Warranties (“AS-IS”)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SOFTWARE, AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

THE DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT REGISTRY RESPONSES WILL BE TIMELY OR ACCURATE, THAT DOMAINS SHOWN AS AVAILABLE CAN BE SUCCESSFULLY REGISTERED, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

12. Strict Limitation of Liability & Loss Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE DEVELOPER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR STATUTORY DAMAGES WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOFTWARE OR SITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DEVELOPER SHALL HAVE ZERO LIABILITY FOR:

• Loss of profits, revenue, or prospective business opportunities;
• Inability to register or acquire any domain name, expired drops, or dropped auctions;
• Front-running, price increases, or registration by any third party;
• Temporary or permanent IP address blocks, ISP restrictions, or registry rate limits;
• Third-party AI API charges, token overages, outages, or account terminations;
• Loss, corruption, or destruction of local SQLite database records or encrypted backups;
• Trademark infringement claims, UDRP disputes, ACPA lawsuits, or legal fees;
• Bugs, system crashes, or computer downtime.

Cumulative Aggregate Liability Cap: In no event shall the Developer's total cumulative aggregate liability to you arising out of or related to these Terms, the Site, or the Software exceed the actual total dollar amount paid by you to the Developer for the Domspade Pro license (specifically capped at $49.00 USD, or the amount actually paid). If you acquired or evaluated the software free of charge, the Developer's maximum liability to you shall be Zero Dollars ($0.00 USD).

13. Indemnification by User

You agree to defend, indemnify, and hold harmless the Developer from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your access to or use of the Site or the Software;
• Any domain name searched, evaluated, registered, held, marketed, or sold by you;
• Any claim that a domain name registered or marketed by you infringes or violates any trademark, copyright, trade secret, or proprietary right of any third party, or violates ACPA or UDRP regulations;
• Your violation of any term or provision of these Terms;
• Your violation of any third-party right, including registry acceptable use terms or third-party AI provider terms.

14. Governing Law & Dispute Resolution

Governing Law: These Terms and any dispute, claim, or controversy arising out of or related to these Terms, the Site, or the Software shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any principles of conflicts of law.

Mandatory Informal Resolution: Before initiating any formal legal proceeding, you agree to contact the Developer at contact@domspade.com and provide a brief written description of the dispute along with your contact information. Both parties agree to negotiate in good faith to resolve the dispute informally for at least thirty (30) days prior to initiating formal action.

Binding Individual Arbitration & Class Action Waiver: Any dispute that cannot be resolved through informal negotiations shall be settled by binding individual arbitration administered under commercial arbitration rules. YOU AND THE DEVELOPER EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

15. Modifications to Terms & Contact Information

The Developer reserves the right to modify or replace these Terms at any time at our sole discretion. Any updates will become effective immediately upon posting to this page with an updated “Last updated” date. Your continued use of the Software or Site following the posting of revised Terms constitutes your acceptance of the changes.

If you have questions regarding these Terms, or if you need to contact the Developer for any legal notice or refund request, please contact:

Email: contact@domspade.com