Terms of Service
Last Updated: [Insert Date]
Welcome to Darvin, a no-code platform developed and maintained by Gotiva. These Terms of Service ("Terms") govern your use of the Darvin website and services (“Services”). By accessing or using Darvin, you confirm that you’ve read, understood, and agreed to be bound by these Terms and our Privacy Policy.
1. Use of the Services
1.1 Eligibility
You must be at least 13 years old (or 16 in certain jurisdictions) to use Darvin. By using our services, you represent that you meet this requirement and have the legal capacity to enter into a binding agreement.
1.2 Account Registration
To use certain features, you must create an account. You agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for any activities under your account.
If you are using Darvin on behalf of an organization, you represent that you have the authority to bind that entity to these Terms.
2. License & Intellectual Property
2.1 Limited License
We grant you a personal, revocable, non-exclusive, non-transferable license to use the Services in accordance with these Terms and any plan-specific limitations.
2.2 Gotiva’s Rights
All content and components of the Darvin platform—designs, infrastructure, source code, algorithms, branding, and documentation—are owned by Gotiva or its licensors. You may not copy, reverse engineer, or exploit any part of the platform outside of your allowed use.
2.3 Your Work & Generated Code
Any applications, code, or content you build or generate through Darvin are yours. We make no claims over your generated apps, designs, or logic. You are free to use, publish, sell, or license your creations as you wish.
3. User Content
You may upload content (e.g., images, text, videos, or files) for use within your projects. You retain all rights to your content but grant Gotiva a limited license to use it solely to operate and improve the Services.
You agree that your content:
Does not infringe on the rights of others
Complies with applicable laws
Is not harmful, illegal, or misleading
We reserve the right to remove content or suspend accounts that violate these rules.
4. Usage Restrictions
You agree not to:
Use Darvin for unlawful or harmful purposes
Attempt to interfere with the platform’s security or infrastructure
Introduce malware or attempt unauthorized access
Exploit the Services for commercial purposes outside your subscription license
Circumvent usage limits by creating multiple accounts
5. Paid Plans, Billing & Cancellations
5.1 Subscriptions
Darvin is offered as a subscription-based service. Plans are billed in advance and renew automatically unless canceled by you. Subscription options and features may vary based on the plan selected, as described on our website or in your account dashboard.
We reserve the right to modify subscription pricing, billing cycles, or plan features at any time. Continued use of the Service after changes take effect will constitute your acceptance of the updated terms.
You may cancel your subscription at any time through your dashboard. Your access will remain active until the end of your current billing cycle, after which the subscription will not renew.
5.2 Payments
You authorize Gotiva or its payment processor to charge your selected payment method. You are responsible for maintaining valid billing details.
5.3 Refunds
All payments are non-refundable unless required by law or expressly agreed by Gotiva. Unused tokens will not accumulate or roll over from month to month. Each billing cycle resets your token balance.
5.4 Waiver of Withdrawal Right for Immediate Use
If you reside in a jurisdiction where consumers have the right to withdraw from online purchases within defined period, you acknowledge and agree that this right does not apply once digital content or services are made available for immediate use. By purchasing tokens quotas on Darvin and opting to begin using them immediately, you expressly consent to the immediate provision of the service and waive your statutory right of withdrawal under applicable consumer protection laws.
6. Service Availability & Changes
We aim to keep Darvin accessible and running smoothly. However, we may occasionally need to modify or discontinue features, conduct maintenance, or limit access—temporarily or permanently—without prior notice.
7. Data Collection & Privacy
Our use of your personal and project-related data is governed by our Privacy Policy. In short, we use data to:
Provide and support the Services
Improve features and performance
Ensure security and compliance
We do not sell your personal data.
8. Ownership of Feedback
Any feedback or suggestions you provide may be used by Gotiva without restriction or obligation. By submitting feedback, you grant us the right to use it for product improvements or communications.
9. Termination
We reserve the right to suspend or terminate your access at any time, for any reason, including if you violate these Terms. You may terminate your account by stopping use and, if needed, contacting us to delete it.
Upon termination, any licenses or rights granted under these Terms will immediately cease.
10. Disclaimers
Darvin is provided “as is” and “as available.” We make no warranties regarding:
The accuracy or fitness of any generated output
The continuous availability of the platform
The absence of bugs, errors, or security flaws
You use the platform at your own risk.
11. Limitation of Liability
To the maximum extent permitted by law, Gotiva shall not be liable for any indirect, incidental, special, or consequential damages—including data loss, business interruption, or loss of profits—even if advised of the possibility.
Our total liability under these Terms shall not exceed the amount you paid to us in the past 6 months.
12. Indemnification
You agree to indemnify and hold harmless Gotiva, its officers, directors, employees, and affiliates from any claims or disputes arising from:
Your use of the Services
Violation of these Terms
Your content or code
Use of applications you built using Darvin
13. Legal Compliance & Export Controls
You are responsible for complying with local laws. Darvin may not be used in restricted countries or by individuals under sanctions or embargoes.
14. Governing Law
These Terms are governed by the laws of Poland, excluding conflict-of-law principles. Any legal disputes will be resolved exclusively in courts located in Poland.
15. Updates to These Terms
We may update these Terms from time to time. When we do, we’ll revise the “Last Updated” date and may notify you through the platform or email. Continued use of Darvin after changes means you accept the revised Terms.
16. Contact
For questions about these Terms, please contact:
Gotiva sp. z o.o. ul. Twarda 18, 00-105 Warszawa, Poland
Email: support@gotiva.global
Website: https://www.darvin.dev