Terms of Service

1. Acceptance of Terms

By accessing or using DomainKits ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Service. We reserve the right to update these Terms at any time, and your continued use constitutes acceptance of any changes.

If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. User Eligibility

To use our Services, you must:

• Be at least 18 years old or of legal age in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our Services under applicable laws
• Provide accurate and truthful information during registration

By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Service Description

DomainKits provides domain name search and availability checking services. Our Service includes:

• Domain availability searches across multiple TLDs
• Information about expired and expiring domains
• Domain lifecycle status information
• Technical domain data from public sources
• AI-powered domain analysis tools
• Bulk domain checking features

4. Prohibited Uses

You expressly agree NOT to use our Service for any of the following purposes:

5. Usage Limits and Fair Use

For detailed usage limits by membership tier, please see our Membership Tiers page.

5.1 Limit Adjustments

We reserve the right to adjust usage limits at any time based on:

• Service capacity and infrastructure requirements
• Abuse prevention measures
• Business and operational needs
• Fair usage across all members

Changes to usage limits will be communicated via email or website notice. Significant reductions to paid tier limits will be announced at least 14 days in advance.

5.2 Violations

Violations of usage limits may result in:

• Temporary suspension (1-24 hours)
• Permanent IP ban for repeated violations
• Account termination without refund
• Legal action for severe abuse

6. Premium Subscription Terms

6.1 Pricing and Billing

• Price: $29.99 USD per month (subject to change with 30 days notice)
• Billing Cycle: Monthly, automatically recurring
• Payment Methods: Credit card, debit card, and other methods supported by Stripe
• Currency: All prices are in USD. Applicable taxes (including VAT) will be calculated and added at checkout based on your location.
• Payment Processor: All payments are securely processed by Stripe, Inc.

6.2 Free Trial

• New subscribers are eligible for a 7-day free trial
• Payment information is required to start the trial
• You will not be charged during the trial period
• If you cancel before the trial ends, you will not be charged
• After the trial, your subscription will automatically convert to a paid subscription
• Trial eligibility: One free trial per customer. If you have previously subscribed, you are not eligible for another free trial.
• We will send a reminder email before your trial ends and your first payment is processed

6.3 Automatic Renewal

• Subscriptions renew automatically at the end of each billing period
• You will be charged the then-current subscription price
• We will send a reminder email before each renewal (typically 3-7 days in advance)
• It is your responsibility to manage your subscription and ensure payment information is up to date

6.4 Cancellation Policy

• You may cancel your subscription at any time from your account settings
• Cancellation takes effect at the end of your current billing period
• You will retain access to Premium features until the end of the paid period
• After cancellation, your account will revert to the free Member tier
• You may resubscribe at any time, but will not receive another free trial

6.5 Right of Withdrawal for EU Consumers (Widerrufsrecht)

As an EU consumer, you generally have a 14-day right of withdrawal for online purchases. However, for digital content and services:

• By subscribing and requesting immediate access to our digital services, you expressly consent to the immediate performance of the contract before the withdrawal period has expired.
• You acknowledge that by giving this consent and by us beginning performance, you lose your right of withdrawal.
• During the checkout process, you will be asked to confirm: "I agree to immediate access to the service and acknowledge that I lose my right of withdrawal once the service begins."
• If you do not agree to immediate performance, you may wait 14 days before your subscription begins, during which time you retain your right of withdrawal.

6.6 Refund Policy

• If you cancel during the free trial, you will not be charged
• After the trial period and once service has begun with your consent, payments are generally non-refundable
• No partial refunds for unused subscription time
• Refunds may be provided at our sole discretion or as required by applicable law
• EU consumers who did not consent to immediate service performance retain their statutory withdrawal rights
• To request a refund, contact us at [email protected]

6.7 Price Changes

• We reserve the right to change subscription prices
• Price changes will be communicated at least 30 days in advance via email
• Price changes will apply to your next billing cycle after the notice period
• If you do not agree with a price change, you may cancel your subscription before the next billing cycle without penalty
• Continued use after a price change takes effect constitutes acceptance of the new price

6.8 Payment Processing

• Payments are processed securely by Stripe, Inc.
• We do not store your full credit card information on our servers
• You are responsible for keeping your payment information up to date
• Failed payments may result in suspension of Premium access
• We will attempt to retry failed payments according to our payment processor's policies
• You will receive email notifications for payment failures

6.9 Subscription Termination

We may suspend or terminate your Premium subscription immediately, without notice, for:

• Violation of these Terms of Service
• Fraudulent or abusive behavior
• Repeated payment failures
• Chargebacks or payment disputes
• Any reason at our sole discretion

In case of termination for Terms violations, no refund will be provided, except where required by applicable law.

7. Intellectual Property Rights

7.1 Our Property

• The DomainKits name, logo, and branding
• Website design, graphics, and user interface
• Proprietary algorithms and search technology
• Compiled databases and data arrangements
• All software code and documentation

7.2 Your Rights

You are granted a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for personal or internal business purposes
• View and use search results for legitimate domain research
• Share individual results with proper attribution to DomainKits

7.3 Restrictions

You may NOT:

• Copy, modify, or create derivative works of our Service
• Decompile, reverse engineer, or disassemble any part of our Service
• Remove any copyright or proprietary notices
• Use our trademarks without written permission
• Redistribute, sell, rent, or sublicense any part of our Services

7.4 Domain Data

Domain registration data we provide is sourced from publicly available records. While we compile and present this data, we do not claim ownership of underlying registry data. Our value-added analysis, formatting, and tools remain our intellectual property.

7.5 User Feedback

Any feedback, suggestions, or ideas you provide may be used by us without obligation to compensate you.

8. Account Responsibilities

8.1 Registration

When registering for an account, you must:

• Provide true, accurate, and complete information
• Use a valid email address that you control
• Keep your account information up to date

8.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or use at [email protected]

We are not liable for any losses arising from unauthorized account access due to your failure to protect your credentials, except in cases of our gross negligence or willful misconduct.

8.3 Account Termination

• You may request account termination at any time by contacting us
• We may suspend or terminate accounts that violate these Terms
• We reserve the right to refuse service to anyone at our sole discretion

9. Data Accuracy Disclaimer

While we strive for accuracy, DomainKits:

• Does not guarantee 100% accuracy of all information
• Is not liable for outdated or incorrect data, except in cases of gross negligence
• Recommends independent verification before domain purchases
• Updates data on a best-effort basis
• Is not responsible for any financial losses from domain investment decisions

10. Third-Party Services

Our Service may contain links to third-party websites or services, including:

• Domain registrars
• Auction platforms
• WHOIS providers
• Domain marketplaces
• Payment processors (Stripe)

We are not responsible for:

• The content, privacy policies, or practices of third parties
• Transactions conducted through third-party services
• Any damages arising from your use of third-party services
• The availability or accuracy of third-party services

11. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Lyalpha GmbH (operating as DomainKits), its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorney's fees) arising from:

• Your use of our Services in violation of these Terms
• Your violation of any third party rights
• Your violation of any applicable laws
• Any content or data you submit or use through our Service
• Your misuse of the Service or unauthorized access

This indemnification obligation does not apply to damages caused by our intentional misconduct or gross negligence.

12. Limitation of Liability

12.1 Unlimited Liability

We have unlimited liability for:

• Damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit)
• Death, bodily injury, or damage to health caused by our negligence
• Liability under the German Product Liability Act (Produkthaftungsgesetz)
• Any other liability that cannot be excluded or limited under applicable mandatory law

12.2 Limited Liability for Slight Negligence

For slight negligence (einfache Fahrlässigkeit), we are only liable for:

• Breach of essential contractual obligations (Kardinalpflichten) — these are obligations whose fulfillment is essential for the proper performance of the contract and on which you may regularly rely
• In such cases, our liability is limited to typically foreseeable damages at the time of contract conclusion

12.3 Exclusion of Other Liability

Subject to the above, we exclude liability for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Costs of substitute services
• Damages from domain registration decisions

12.4 Maximum Liability Cap

Where liability is limited to typically foreseeable damages, our total liability shall not exceed the greater of €100 or the fees you paid us in the 12 months preceding the claim.

12.5 Service Disclaimer

Our services are provided "as is" and "as available." To the extent permitted by law, we make no warranties regarding:

• Merchantability or fitness for a particular purpose
• Accuracy, completeness, or reliability of data
• Uninterrupted or error-free operation
• Security or freedom from viruses or harmful components

13. Termination

13.1 Termination by You

You may stop using our Services and request account deletion at any time by contacting us at [email protected].

13.2 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• No refunds will be provided for termination due to Terms violations, except where required by law
• We may delete any data associated with your account after a reasonable retention period
• We are not obligated to provide any data or information to you, except as required by applicable data protection laws
• Provisions that should survive termination (e.g., intellectual property, limitation of liability, indemnification) will remain in effect

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

14.1 Dispute Resolution for Business Users (B2B)

If you are using our Services for commercial or business purposes:

• Any disputes shall be resolved through good faith negotiations for a period of 30 days
• If negotiations fail, disputes shall be subject to the exclusive jurisdiction of the courts of Düsseldorf, Germany

14.2 Consumer Rights (B2C)

If you are a consumer (Verbraucher) within the meaning of § 13 BGB:

• You retain all mandatory protections under the consumer protection laws of your country of residence
• You may bring legal proceedings in either your country of residence or Germany
• Nothing in these Terms restricts your right to bring claims in the courts of your habitual residence

14.3 EU Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR). You can find it at: https://ec.europa.eu/consumers/odr

Our email address for ODR purposes: [email protected]

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

14.4 Class Action Waiver

To the extent permitted by applicable law, and except where prohibited for consumers in your jurisdiction, you agree to resolve disputes only on an individual basis.

15. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy. By using DomainKits, you consent to our collection and use of information as described in the Privacy Policy.

15.1 Data Processing

• Data processing is performed in the European Economic Area (EEA)
• Some data may be processed by our service providers (e.g., Stripe) with appropriate safeguards
• Cross-border transfers comply with GDPR using Standard Contractual Clauses (SCCs) where applicable

15.2 Your Rights

Under GDPR, you have rights to access, correct, delete, restrict processing, and port your data. See our Privacy Policy for details on exercising these rights.

16. API and Developer Terms

If we provide API access, additional terms apply:

• API access requires separate approval and agreement
• API keys must be kept confidential
• Rate limits are strictly enforced
• Commercial use requires a paid license
• We may revoke API access at any time with reasonable notice, except in cases of abuse
• You may not share, sell, or transfer your API keys

17. Modifications to Service and Terms

17.1 Service Modifications

We reserve the right to:

• Modify or discontinue any part of the Service with reasonable notice
• Change features, functionality, or pricing
• Impose limits on certain features
• Restrict access to parts of the Service

We will provide notice of significant changes when reasonably possible.

17.2 Terms Modifications

We may modify these Terms with at least 30 days notice for material changes. Changes will be communicated via email and/or notice on our website.

If you do not agree with modified Terms, you may terminate your account before the changes take effect. Your continued use of the Services after changes take effect constitutes acceptance of the new Terms.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lyalpha GmbH regarding the use of DomainKits, superseding all prior agreements.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

18.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

18.5 Force Majeure

We are not liable for any delay or failure due to causes beyond our reasonable control, including natural disasters, pandemics, wars, government actions, or third-party service disruptions.

18.6 Language

These Terms are provided in English. In case of any conflict between the English version and any translation, the English version shall prevail, except where local law requires otherwise.

18.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as explicitly stated herein.

18.8 Headings

Section headings are for convenience only and have no legal effect.