Terms of Service

Agreement to Terms

By accessing or using Darwin's platform, mobile applications, or website (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

Description of Services

Darwin Technologies, LLC ("Darwin," "we," "us," or "our") provides a business operations platform that integrates with your existing software systems, automates workflows, and provides AI-powered insights. Our Services include:

• System integrations and data synchronization
• Workflow automation tools
• Charlie AI conversational assistant
• Analytics and reporting dashboards
• Mobile applications for field sales and operations
• Email intelligence and classification (Finch)
• API access (where applicable to your plan)

Account Registration

To use our Services, you must create an account or be invited by an authorized administrator. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

Mobile Applications

Additional terms apply when using our mobile applications:

• Mobile apps are licensed, not sold, to you for use strictly in accordance with these Terms
• You may only use our mobile apps on devices you own or control
• You agree to comply with all applicable app store terms and conditions (e.g., Apple App Store)
• We may update the app from time to time; you are responsible for installing updates to ensure continued functionality and security

Device Permissions

Our mobile applications may request access to device features such as camera, location, and photo library. You may grant or revoke these permissions at any time through your device settings. Some features may not function without the required permissions.

Offline Functionality

Certain features may work offline with data stored locally on your device. Locally stored data will synchronize with our servers when a network connection is available. You are responsible for ensuring data is synced before removing the application from your device.

Acceptable Use

You agree not to use the Services to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with other users' use of the Services
• Reverse engineer or decompile our software
• Resell or redistribute the Services without permission
• Circumvent rate limits, authentication, or security controls

Your Data

You retain ownership of all data you submit to our Services ("Your Data"). By using our Services, you grant us a limited license to process Your Data solely for the purpose of providing the Services to you.

You are responsible for ensuring you have the right to share any data you connect to Darwin, and that such sharing complies with applicable laws and any agreements with third parties.

Payment Terms

Paid plans are billed according to the pricing and billing frequency specified at signup. You agree to:

• Pay all fees when due
• Provide valid payment information
• Accept that fees are non-refundable except as required by law

We may change our pricing with 30 days' notice. Continued use after price changes constitutes acceptance of new pricing.

Intellectual Property

Darwin and its licensors retain all rights in the Services, including all software, designs, trademarks, and content. "Darwin," "Darwin Technologies," "Charlie," and "Finch" are trademarks of Darwin Technologies, LLC. These Terms do not grant you any rights to our intellectual property except the limited right to use the Services as described herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARWIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

Our total liability for any claims arising from these Terms or your use of the Services shall not exceed the amounts you paid to us in the twelve (12) months preceding the claim.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SERVICES.

Termination

Either party may terminate these Terms at any time. You may cancel your account through your account settings or by contacting support. We may suspend or terminate your access if you violate these Terms or for any other reason with notice.

Upon termination, your right to use the Services will cease. We will make Your Data available for export for 30 days following termination. Data stored locally on mobile devices will remain until you uninstall the application.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions.

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Services. Continued use after changes take effect constitutes acceptance of the updated Terms.

Contact Us

If you have questions about these Terms, please contact us at:

Darwin Technologies, LLC
Email: legal@darwin-tech.ai
Web: darwin-tech.ai