Terms of Service

    Last updated: April 30, 2026

    1. Agreement to Terms

    These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Darwin Labs Inc. ("we," "us," or "our"), concerning your access to and use of our website and SaaS platform (collectively, the "Service"). We are incorporated in Delaware, United States. By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST DISCONTINUE USE IMMEDIATELY.

    We reserve the right to make changes to these Terms at any time. We will notify you of material changes by updating the "Last updated" date above or by sending notice to your registered email. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

    The Service is not intended for persons under the age of 18. By using the Service, you represent that you are at least 18 years old.

    2. Intellectual Property Rights

    Unless otherwise indicated, the Service and all source code, software, databases, functionality, designs, text, graphics, and other content (collectively, "Content") are owned by or licensed to Darwin Labs Inc. and are protected by copyright, trademark, and other applicable intellectual property laws. You may not copy, reproduce, distribute, sell, or exploit any part of the Content without our express prior written permission.

    You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your own internal business or personal purposes in accordance with these Terms.

    3. Nature of the Service

    Darwin is an alerting and informational tool designed to help you identify potential scams, phishing attempts, and other fraudulent activity. The Service provides analysis, warnings, and educational guidance based on the information you submit and the data sources available to us at any given time.

    Darwin is not a guarantee, warranty, or insurance product against fraud, theft, or financial loss. The Service does not assume responsibility for any loss you may incur as a result of fraud, scams, or any other malicious activity. You alone are responsible for the actions you take, or decline to take, in response to any alert, recommendation, or analysis provided by the Service.

    4. User Representations

    By using the Service, you represent and warrant that:

    • All registration information you submit is truthful and accurate;
    • You have the legal capacity to enter into these Terms;
    • You will not access the Service through automated or non-human means (bots, scripts, etc.) except as explicitly permitted via our API;
    • You will not use the Service for any unlawful or unauthorized purpose;
    • Your use of the Service will not violate any applicable law or regulation.

    5. User Security Responsibilities

    The Service is most effective when paired with sound personal security practices. By using the Service, you acknowledge and agree that you are responsible for:

    • Keeping your own devices, networks, and accounts secure, including by using up-to-date software and strong, unique passwords;
    • Safeguarding your login credentials and not sharing them with any third party, including persons claiming to be Darwin or its representatives;
    • Acting promptly on alerts, warnings, or recommendations issued through the Service;
    • Reporting suspected fraud, scams, or unauthorized activity through proper channels, including your financial institution, applicable law enforcement, and Darwin support;
    • Following generally accepted security best practices when reviewing communications, links, payment requests, and account activity.

    Failure to follow these practices may contribute to losses that the Service cannot prevent or detect, and may limit the protections otherwise available to you under these Terms.

    6. User Registration

    You may be required to register an account to access certain features. You agree to keep your password confidential and are responsible for all activity under your account. We reserve the right to remove, reclaim, or change usernames we determine, in our sole discretion, to be inappropriate, obscene, or otherwise objectionable.

    7. Subscriptions and Fees

    Certain features of the Service require a paid subscription. By subscribing, you agree to pay all applicable fees as described on our pricing page at the time of purchase. Fees are billed in advance on a recurring basis (monthly or annually, as selected). All fees are non-refundable except as expressly set forth in these Terms or required by law.

    We reserve the right to change our pricing at any time with reasonable notice. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

    8. Prohibited Activities

    You may not use the Service to:

    • Engage in unauthorized data collection, scraping, or harvesting;
    • Upload or transmit viruses, malware, or other malicious code;
    • Infringe on any intellectual property rights;
    • Harass, abuse, or harm another person;
    • Attempt to gain unauthorized access to any part of the Service or its related systems;
    • Use the Service to send unsolicited communications (spam);
    • Engage in any activity that interferes with or disrupts the Service;
    • Use the Service for any purpose that violates applicable law or regulation.

    9. User Generated Contributions

    The Service may allow you to submit, post, or share content ("Contributions"). By submitting Contributions, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and distribute your Contributions in connection with operating and improving the Service. You represent that you have the rights to grant this license and that your Contributions do not violate the rights of any third party.

    10. Third-Party Websites and Content

    The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites. Inclusion of any link does not imply endorsement by Darwin Labs Inc. You access third-party sites at your own risk.

    11. Service Management

    We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who violates these Terms; (3) refuse, restrict, or limit access to the Service at our discretion; and (4) otherwise manage the Service to protect our rights and property.

    12. Privacy Policy

    Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your data as described in the Privacy Policy. Please contact us at support@darwinsecurity.ai with any privacy questions.

    13. Term and Termination

    These Terms remain in effect while you use the Service. We may suspend or terminate your access at any time, without notice or liability, if you breach these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service will immediately cease. You may terminate your account at any time by contacting us or through the account settings in the Service. Upon termination, your data will be handled in accordance with our Privacy Policy, including the data retention provisions described therein.

    14. Modifications and Interruptions

    We reserve the right to change, modify, or remove the contents of the Service at any time without notice. We are not liable if the Service is unavailable at any time for any period. We may experience hardware, software, or maintenance issues that result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, or discontinue the Service at any time without notice.

    15. Governing Law

    These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be resolved in the state and federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

    16. Dispute Resolution

    Informal Negotiations

    To expedite resolution and control costs, the parties agree to first attempt to resolve any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

    Binding Arbitration

    If informal negotiations fail, disputes will be finally resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will take place in Delaware. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

    Restrictions

    Arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right to arbitrate on a class-action basis.

    Damages and Attorneys' Fees

    Notwithstanding any other provision, the arbitrator shall have no authority to award punitive or exemplary damages of any kind. In any arbitration, action, or proceeding arising out of or relating to these Terms or the Service, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, to the fullest extent permitted by applicable law.

    Exceptions

    The following disputes are not subject to arbitration: (a) disputes seeking to enforce or protect intellectual property rights; (b) disputes related to theft, piracy, or invasion of privacy; and (c) claims for injunctive relief.

    17. Corrections

    There may be information on the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to update information at any time without prior notice.

    18. Disclaimer of Warranties

    THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DARWIN LABS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

    19. No Guarantee of Security

    Darwin is an informational and alerting tool — it is not an insurance product, financial guarantee, or substitute for your own judgment. No security tool can detect every scam, phishing attempt, or fraudulent activity. The Service relies on signals, heuristics, and data sources that change over time, while bad actors continually evolve their techniques to evade detection.

    You remain responsible for exercising your own judgment before sending money, sharing information, clicking links, or otherwise acting on any transaction or communication. Darwin does not guarantee the detection or prevention of any specific threat, and the absence of a warning from the Service should not be interpreted as confirmation that a communication, request, counterparty, or transaction is legitimate or safe.

    20. Third-Party Acts

    Darwin provides a detection and alerting service. We are not liable for the acts or omissions of third-party bad actors, including but not limited to scammers, phishers, fraudsters, impersonators, identity thieves, or operators of malicious websites, applications, or messaging campaigns. By offering the Service, Darwin does not assume responsibility for the conduct of any malicious third party, or for any loss, damage, or harm caused by such third parties, regardless of whether the Service detected, alerted on, or otherwise flagged the activity in question.

    21. Limitations of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DARWIN LABS INC., ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (B) $100 USD.

    22. Indemnification

    You agree to defend, indemnify, and hold harmless Darwin Labs Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (1) your use of the Service; (2) your breach of these Terms; (3) your violation of any third-party rights, including intellectual property rights; (4) any harmful act toward another user of the Service; or (5) your failure to follow security best practices, to act on alerts, warnings, or recommendations issued by the Service, or otherwise to take reasonable steps that contributed to a loss the Service might have helped you avoid.

    23. User Data

    We will maintain certain data you transmit to the Service for the purpose of managing and improving the Service. Although we perform regular backups, you are solely responsible for all data you transmit or that relates to your use of the Service. Darwin Labs Inc. shall have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.

    24. Electronic Communications and Signatures

    By using the Service, you consent to receive electronic communications from us. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, and records.

    25. California Users and Residents

    If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

    For the avoidance of doubt, the Service is offered on an as-is basis and free of charge to consumer users. Any rights or remedies available to California consumers under applicable law are subject to the disclaimers, limitations of liability, indemnification obligations, and other provisions set forth elsewhere in these Terms, to the fullest extent permitted by law. Nothing in these Terms is intended to impose on Darwin Labs Inc. a higher duty of care than would otherwise apply to a free, informational alerting tool.

    26. Miscellaneous

    These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements. Our failure to exercise any right under these Terms shall not constitute a waiver. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force. We may assign our rights and obligations at any time. You may not assign your rights without our written consent. There is no joint venture, partnership, employment, or agency relationship created by these Terms.

    27. SMS Messaging Program

    Darwin Security uses SMS to deliver one-time passcodes, to let you access our services by texting one of our registered program numbers, and to send notifications related to actions you initiate (including service messages). This program is not used for marketing. Message frequency varies based on your activity, and message and data rates may apply.

    You can opt in by submitting your phone number through our verification flow on darwinsecurity.ai and affirmatively checking the SMS consent box at the time of submission, or by texting one of our registered program numbers. Reply STOP to any message to unsubscribe; reply HELP or email support@darwinsecurity.ai for help.

    No third-party sharing for marketing. We do not share, sell, rent, or otherwise disclose your mobile phone number or SMS opt-in data to any third parties or affiliates for marketing or promotional purposes. See our Privacy Policy for full information-handling details.

    28. Contact Us

    If you have questions about these Terms or wish to resolve a complaint, please contact us at:

    Darwin Labs Inc.
    Email: support@darwinsecurity.ai