Terms of Service

    Last updated: September 28, 2026

    These Terms of Service ("Terms") are a binding agreement between you and Darwin Labs Inc., a Delaware corporation ("Darwin," "we," "us," or "our"). They cover your use of our website darwinsecurity.ai, the Darwin mobile apps, and related services (together, the "Service"). By using the Service you agree to these Terms. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

    Please read Section 11. It requires most disputes to be resolved by individual arbitration and not in court or as a class action. You can opt out within 30 days.

    1. Who May Use the Service

    Adults. You must be at least 18 years old and able to enter into a contract to create an account, own or pay for a Darwin family, or act as a guardian.

    Teens. A teen who is at least 13 years old may use the Service only as a protected member of a family, and only if their parent or legal guardian adds them, is a guardian in that family, and agrees to these Terms on the teen's behalf. If you add a teen, you represent that you are their parent or legal guardian, that you consent to Darwin collecting and using the teen's information as described in our Privacy Policy, including their flagged messages and calls being shared with the family's guardians, and that you are responsible for the teen's use of the Service.

    Children under 13. The Service is not for children under 13. Do not add a child under 13 to your family or install Darwin on their device.

    You may not use the Service if we have previously suspended or removed you.

    2. Accounts and Families

    Your account. You sign in with a one-time code, or with your Apple or Google account. Give us accurate information, keep your devices, sign-in codes, and linked accounts secure, and tell us promptly if you think someone else has access. You are responsible for activity under your account.

    Families. A Darwin family has one owner, who pays for the subscription and manages membership, and may have guardians and protected members. If you join a family as a protected member, you agree that the guardians of that family can see the alerts Darwin raises for you, including the content of the flagged message, email, or call. If you invite someone, you represent that you have their permission, or that you are their parent or legal guardian if they are under 18. Darwin must not be installed on another person's device, or connected to another person's accounts, without that person's knowledge and consent, or for a teen, without the consent of their parent or legal guardian. Guardians are not guaranteed to receive, see, or act on any alert in time to prevent a loss.

    3. What Darwin Does and Does Not Do

    The Service. Darwin is an alerting and informational tool that helps you spot potential scams. It includes the link checker and AI-content checker on our website; features in the mobile apps that analyze text messages, emails, social media direct messages, links, images, and other content you give it access to; Call Guard, which answers and screens phone calls for you; the Ask Darwin chat; family features that share alerts with guardians; and optional paid services such as Darwin Rescue.

    WE CANNOT AND DO NOT GUARANTEE THAT DARWIN WILL PROTECT YOU FROM SCAMS. Darwin will miss some scams, and it will sometimes flag communications that are legitimate. Scammers change their methods constantly, and no tool catches everything. A message, email, link, or call that Darwin does not flag, or that Call Guard connects to you, may still be a scam. The absence of a warning is not confirmation that something is safe.

    AI output can be wrong. Darwin relies on automated systems, including artificial intelligence. Verdicts, risk scores, summaries, transcripts, and chat answers may be incomplete or incorrect. Check them before you rely on them.

    Not insurance and not professional advice. Darwin is not a guarantee, warranty, or insurance product against fraud, theft, or financial loss, and it does not provide legal, financial, or tax advice. You alone are responsible for the actions you take, or decline to take, in response to anything the Service tells you, including before you send money, share information, or click a link.

    Third-party bad actors. 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.

    4. Your Responsibilities

    Access to your communications. Some features require you to give Darwin access to your text messages, your email account, your social media accounts, your contacts, or your calls. You represent that you have the right to give us that access, and that doing so does not break any law or any agreement you have with someone else, such as an employer's policy for a work account or device or the terms of the service you connect. If you connect a third-party account, you authorize Darwin to access it on your behalf to provide the Service. These communications include personal information about other people. You are responsible for your decision to share it with us.

    Good security habits. The Service works best alongside sound personal security practices. 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.

    Prohibited uses. 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.

    You also may not access the Service through automated means such as bots or scripts, reverse engineer it, or use it to monitor another person without their knowledge and consent.

    5. Call Guard and Call Recording

    How Call Guard works. Call Guard is optional. When you turn it on, you set your mobile carrier to forward calls to a phone number that Darwin provides. An automated AI assistant answers forwarded calls from people who are not in your contacts, asks the caller for their name and reason for calling, and then connects the call to you, takes a message, or declines the call. Calls from your contacts skip the questions and ring you directly. You turn Call Guard on and off yourself using your carrier's forwarding codes, and you are responsible for any forwarding, airtime, or other charges from your carrier.

    Calls are recorded and transcribed. By turning on Call Guard you instruct us, on your behalf, to record and transcribe the calls it handles, including the part of the call after you are connected to the caller, and to make the recording, transcript, and an AI-generated summary available to you and, for flagged calls, to the guardians of your family. If you do not want your calls recorded, do not turn on Call Guard.

    Callers are told the call may be recorded. When the AI assistant screens a caller, it starts by telling them that the call may be recorded. When a call from one of your contacts is connected to you, both of you hear that notice before you hear each other. A caller who reaches voicemail is asked to leave a message after the tone. Anyone on the call, including you, is free to hang up at that point. Whether to stay on a recorded call is each person's own choice, and it is not Darwin's responsibility. Staying on the call after the notice is treated as agreement to the recording.

    Recording laws are your responsibility. Laws on recording phone calls differ from place to place. Some states and countries require the consent of everyone on the call. Call Guard records calls at your direction and for your benefit, and you are solely responsible for making sure that recording, transcribing, storing, and sharing your calls is lawful where you and the people you speak with are located, including by telling callers that the call is being recorded and getting their consent where that is required. We give the notice described above to help with this, but we do not represent that it satisfies the law that applies to you. You are also responsible for how you use, share, or publish any recording or transcript. To the fullest extent permitted by law, Darwin Labs Inc. has no liability for claims arising from the recording of your calls, and your indemnification obligations under these Terms cover those claims.

    Not for emergencies. Call Guard is not a replacement for your phone service and must not be relied on for emergency calls. You can always dial 911 or other emergency numbers directly from your phone. Call Guard tries to recognize callbacks from emergency services and put them through, but we do not guarantee that it will.

    Missed, declined, and delayed calls. Call Guard depends on your carrier, third-party telephony providers, your internet connection, and automated judgment. It may decline or delay a legitimate or important call, fail to notify you, connect a scam call, or be unavailable. We are not liable for missed, declined, dropped, delayed, or wrongly connected calls, or for anything a caller says or does.

    6. Darwin Rescue

    Darwin Rescue ("Rescue") is an optional, paid service offered by Darwin. Based on the information you provide about a scam-related loss, Rescue prepares a package of dispute and fraud-report materials for you to submit — for example, chargeback and transaction-dispute documentation for your bank or credit union, the relevant card network, or payment processors, and fraud reports for government channels such as the Consumer Financial Protection Bureau or the Federal Trade Commission. Rescue is largely automated, with Darwin specialists assisting where a case needs it. You submit your package yourself or authorize Darwin to submit it on your behalf, at your direction.

    A best-effort case-preparation service. Rescue is a paid case-preparation and assistance service. Your fee pays for the work of preparing your case — generating your dispute and fraud-report package, any specialist assistance your case needs, and procedural guidance on the options available to you — not for any recovery of funds. Darwin makes a best effort to help you build and advance your case, but it does not collect, hold, or take custody of any funds, does not charge any contingency or percentage of any amount recovered, and does not promise, undertake, or act as your representative to obtain a recovery. You direct your case and remain the party pursuing your claim; Darwin prepares materials and assists at your direction. The fee is earned for the services performed and is not an advance payment for, or contingent upon, any recovery.

    No guarantee of recovery. Recovery outcomes depend on factors outside our control, including the payment method used, how quickly you act, the policies and decisions of your financial institution and the relevant card networks, and the conduct of third parties. Some types of losses — including many wire transfers, gift card payments, and cryptocurrency transactions — are frequently unrecoverable. We do not and cannot guarantee that any funds will be recovered, and no outcome in one case predicts the outcome of another.

    Not legal, financial, or tax advice. Darwin Labs is not a law firm, does not provide legal representation, and does not provide financial or tax advice. Rescue provides case-preparation and procedural guidance only. You remain responsible for all decisions in your case, and you may consult an attorney at any time.

    Your authorization. By submitting a Rescue case, you authorize Darwin Labs to prepare dispute and complaint materials based on the information you provide and, where you direct, to share your case information with your financial institution, card network, payment processors, or government agencies for the purpose of pursuing your recovery.

    Accuracy of your information. You represent and warrant that all information you submit in connection with a Rescue case is truthful, accurate, and complete. Submitting false or misleading information in a payment dispute may constitute fraud. Your indemnification obligations under these Terms extend to claims arising from inaccurate, incomplete, or false case information you provide.

    Communications. All Rescue case communication is conducted in writing by email. Rescue does not provide case services by telephone, and Darwin will never call you to request payment.

    Rescue fees. Rescue costs a flat fee of $50 USD per case, charged when you submit your case. The fee covers your specialist's case review and the preparation of your evidence packet — it is payment for those services, not an advance fee for or a contingency on any recovery — and it does not guarantee any outcome. If we decline your case at intake review, the fee is refunded in full, automatically. Fees for accepted cases are otherwise non-refundable except where required by law.

    7. Subscriptions and Fees

    Access to most of the Service requires a paid subscription. One subscription covers the members of your Darwin family. By subscribing, you agree to pay the fees shown to you at the time of purchase. Fees are billed in advance on a recurring basis (monthly or annually, as selected), and your subscription renews automatically until you cancel. All fees are non-refundable except as expressly set forth in these Terms or required by law.

    Free trials. We may offer a free trial to new subscribers. You must provide a payment method to start a trial. Unless you cancel before the trial ends, your subscription begins and your payment method is charged the price shown when you started the trial.

    Where you buy decides who bills you. If you subscribe in the iOS or Android app, Apple or Google bills you, and their payment and refund terms apply. You manage, cancel, and request refunds for those subscriptions in your App Store or Google Play account, and we cannot cancel or refund them for you. If you subscribe on our website, our payment processor Stripe handles your payment and you can cancel in your account settings. Cancellation takes effect at the end of the current billing period. Deleting the app or your account does not cancel a subscription bought through Apple or Google.

    Price changes. We may change our prices with reasonable notice. If you do not agree to a price change, you may cancel before it takes effect.

    Fees for Darwin Rescue are charged per case as described in Section 6, not as a recurring subscription.

    8. Privacy

    Our Privacy Policy explains how we collect, use, and share your information. It is part of these Terms. Contact support@darwinsecurity.ai with any privacy questions.

    9. Licenses and Ownership

    Your right to use the Service. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial purposes, in line with these Terms.

    Our ownership. The Service, including its software, designs, text, graphics, and trademarks, is owned by or licensed to Darwin Labs Inc. and is protected by intellectual property laws. You may not copy, distribute, sell, or exploit any part of it without our written permission.

    Your content. You keep ownership of the content you submit or make available to the Service. You grant us a worldwide, royalty-free license to host, process, and analyze that content only as needed to provide, secure, and improve the Service as described in our Privacy Policy. You represent that you have the rights needed to grant this license.

    Feedback. If you send us ideas or suggestions, we may use them without restriction or payment.

    Testimonials. If you send us a comment about Darwin and allow us to share it, you give us permission to show your comment and first name on our website, in app stores, and in our advertising, without payment. You can withdraw that permission for future use at any time by emailing support@darwinsecurity.ai.

    App stores. If you download the app from the Apple App Store or Google Play, you also agree to that store's terms. These Terms are between you and Darwin Labs Inc. only, and not with Apple or Google. Apple and Google are not responsible for the app or its content, have no obligation to provide maintenance or support for it, and are not responsible for any claims relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to your use of the iOS app.

    Third-party services. The Service may link to or work with third-party websites and services, such as your email provider or mobile carrier. We do not control them and are not responsible for their content, terms, or practices. You use them at your own risk.

    10. Disclaimers, Limitation of Liability, and Indemnification

    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.

    Limitation 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.

    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; (5) the recording, transcription, storage, or sharing of your calls through Call Guard, or your giving us access to communications, contacts, or accounts that you did not have the right to share; or (6) 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.

    Your Data

    Although we perform regular backups, you are responsible for keeping your own copies of anything important to you. To the fullest extent permitted by law, we are not liable for any loss or corruption of data you transmit to the Service.

    11. Dispute Resolution and Arbitration

    Informal Process First

    Before starting arbitration, you and we agree to try to resolve any dispute informally for at least thirty (30) days. The process starts when one party sends written notice to the other. Send notices to us at support@darwinsecurity.ai.

    Binding Arbitration

    If informal negotiations fail, disputes will be finally resolved by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association (AAA). The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration may be conducted remotely or in the county where you live, or in Delaware if you prefer.

    No Class Actions

    Arbitration is limited to the dispute between you and us individually. No arbitration will be joined with any other proceeding, and there is no right to arbitrate or litigate on a class or representative basis.

    Opt-Out

    You may opt out of this arbitration agreement by emailing support@darwinsecurity.ai within thirty (30) days of first accepting these Terms. If you opt out, we are not bound by it either, and the class action waiver still applies.

    Exceptions

    The following are not subject to arbitration: (a) disputes seeking to enforce or protect intellectual property rights; (b) claims that qualify for small claims court; and (c) claims for injunctive relief.

    Governing Law

    These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Disputes not subject to arbitration will be resolved in the state and federal courts located in Delaware, and you consent to personal jurisdiction in those courts, except where the law of your home state gives you the right to sue where you live.

    12. General Terms

    Changes to the Service. We may change, suspend, or discontinue any part of the Service at any time. The Service may be interrupted or unavailable from time to time, and we are not liable for that.

    Changes to these Terms. We may update these Terms. We will change the "Last updated" date above and, for material changes, notify you by email or in the app. Your continued use of the Service after a change means you accept it.

    Termination. You may stop using the Service and delete your account at any time in the app. We may suspend or end your access if you breach these Terms, if we must do so to comply with law, or if we stop offering the Service. After termination your data is handled as described in our Privacy Policy. Sections that by their nature should survive termination will survive.

    Electronic communications. You consent to receive communications from us electronically, and you agree that electronic notices, agreements, and signatures satisfy any legal requirement that they be in writing.

    Miscellaneous. These Terms are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a right is not a waiver. We may assign these Terms; you may not assign them without our written consent. Nothing in these Terms creates a partnership, employment, or agency relationship.

    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 core scam-detection and alerting features of the Service are offered on an as-is basis; certain optional services, including Darwin Rescue, are provided for the fees described in these Terms. 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. With respect to the informational scam-detection and alerting features of the Service, nothing in these Terms is intended to impose on Darwin Labs Inc. a higher duty of care than would otherwise apply to such a tool; the optional Darwin Rescue service is provided on a best-effort basis as described in Section 6, subject to the limitations set forth there.

    13. 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.

    The SMS program is not used for Darwin Rescue case communications, which are conducted by email only.

    14. 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