Terms of Service

Welcome to Darwyn! These Terms of Service ("Terms") govern your access to and use of the Darwyn website, software-as-a-service (SaaS) platform, and related services ("Services") provided by Darwyn ApS ("Darwyn," "we," "us," or "our"). By using our Services, you agree to these Terms. If you do not agree, you may not use the Services.

1. Who We Are

Darwyn ApS
CVR: 12345678
Ravnsborggade 12C 1. tv, 2200 København N, Denmark
Email: support@darwyn.ai

2. Use of Services

You may use the Services only in accordance with these Terms and applicable law. You must be at least 18 years old to use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

You agree not to:

• Use the Services for unlawful purposes or to violate any law
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Use the Services to process or store sensitive personal data unless agreed in writing

Unlimited Processing and Fair UseSome subscription tiers may include "unlimited" processing with no daily caps. However, Darwyn reserves the right to implement rate limiting or throttling mechanisms at its discretion to maintain system integrity and prevent abuse. Any attempt to abuse the platform through excessive automated requests, scripting, or otherwise bypassing fair use will be considered a violation of these Terms and may result in suspension or termination of your access to the Services.

3. Account Registration

To access some features of the Services, you may be required to create an account. You agree to provide accurate, complete, and up-to-date information. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.

4. Subscription Plans and Payments

Darwyn may offer both free and paid plans. By selecting a paid plan, you agree to pay the applicable fees and authorize us (or our payment processor, such as Stripe) to charge your payment method. Fees are non-refundable except as required by law.

All fees are exclusive of applicable taxes unless otherwise stated.

We reserve the right to change the pricing of our plans at any time. If we make changes to your plan's pricing, we will provide you with reasonable advance notice. Continued use of the Services after the effective date of any pricing change constitutes your acceptance of the new fees.

5. Intellectual Property

All intellectual property rights in the Services are owned by or licensed to Darwyn. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services.

6. Privacy and Data Processing

Use of the Services is also governed by our Privacy Policy. Where applicable, data processing is subject to our Data Processing Agreement (DPA), which includes Standard Contractual Clauses (SCCs) for international transfers. By using the Services, you accept and agree to these documents.

Business users are responsible for reviewing the DPA/SCCs to determine their compliance needs.

Note on integrations: When you connect third-party tools (e.g. support systems like e.g. ServiceNow) to the Services, you may choose to transmit personal data (including support ticket content) to Darwyn and its authorized subprocessors (e.g. OpenAI). You are responsible for ensuring that any personal data shared complies with applicable privacy laws and your organization's internal policies.

7. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services if you violate these Terms, cause harm, or if we are required to do so by law.

Upon termination, your right to access and use the Services will end immediately.

8. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted or error-free.

9. Limitation of Liability

To the extent permitted by law, Darwyn shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of the Services.

Our total liability shall not exceed the amount you paid to us (if any) for the Services in the 12 months preceding the claim.

10. Changes to These Terms

We may update these Terms from time to time. If changes are material, we will notify you via email or through the Services. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

11. Governing Law

These Terms are governed by the laws of Denmark, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Copenhagen, Denmark.

Contact Us

For questions about these Terms, please contact us at support@darwyn.ai.