Terms of service

These terms apply when you use this website, subscribe to one of our hosted products, buy a software license from us, or engage us for a project. By doing so you agree to them. If you are acting for a company, you confirm you may accept these terms on its behalf.

Our products and licenses

Software you install is licensed, not sold. Your use of it is governed by the software license terms and by any license details on your quote or invoice. Product pages describe what each product does and what it requires; please check the requirements before buying.

Hosted products and subscriptions

• Hosted products such as Darwvin CRM and Darwvin Call Center are provided as a service for the plan and number of users or agents on your order, for as long as the subscription is active.
• Subscriptions are billed in advance, monthly or yearly. A subscription continues until it is cancelled; you can cancel at any time in your account, and access continues until the end of the period already paid for.
• If a payment is overdue we keep the service running for a reasonable time while it is settled, and may suspend access after that. We tell you before suspending.
• Your data in a hosted product remains yours. You can export it while the subscription is active. After a subscription ends we keep it available for export for the period stated in your order, and then delete it.
• Products marked “early access” are offered to a limited number of customers while they mature. Their features may change, and any service levels are those stated in your order.
• You are responsible for how your users use the service, including having a lawful basis to record calls or store personal data where you do so.

Quotes, orders and prices

• Prices are shown or quoted in US dollars unless stated otherwise and exclude taxes that may apply in your country.
• An order is accepted when we confirm it and, for invoiced orders, when payment is received.
• Licenses are delivered electronically after payment is confirmed.
• Payment processing, when offered online, is provided by a third-party payment processor under its own terms.

Custom projects

Custom development is performed under a written proposal or agreement that sets out scope, milestones, fees and ownership of the results. Where that agreement differs from these terms, the agreement applies.

Your account

You sign in to your customer account with a one-time link sent to your email address, or with your email address and a license key. Keep license keys and access to that mailbox confidential; you are responsible for activity under your account.

Acceptable use

• Don't attempt to bypass license checks, rate limits or security controls.
• Don't use our website or software to break the law or infringe the rights of others.
• Don't submit false information in forms or orders.

Warranty and liability

We build our software carefully and fix reproducible defects during the support period. Beyond that, and to the extent permitted by law, the software and website are provided “as is”. We are not liable for indirect or consequential losses such as lost profits or data, and our total liability for a claim is limited to the amount you paid us for the product or service concerned in the twelve months before the claim. Nothing in these terms limits liability that cannot be limited by law, or rights you have as a consumer under mandatory law.

Refunds

See the refund policy.

Governing law

The law governing a purchase or project is stated on your quote, invoice or project agreement. Mandatory consumer protections of your country of residence always apply.

Changes

We may update these terms. Changes don't affect orders already accepted.

Who we are and how to reach us

In this document, “Darwvin”, “we” and “us” mean Darwvin. The full legal name and registered address of the contracting entity are stated on your quote or invoice and are available on request.

Questions about this document: our contact form.