1. Acceptance and Eligibility
These Terms and Conditions ("Terms") govern your access to and use of the websites, web application, APIs, SDKs, Model Context Protocol ("MCP") server, Search, Act, developer tools, and related services provided by Darwin Technologies, Inc. ("Darwin," "we," "us," or "our") (collectively, the "Services"). By using the Services, you agree to these Terms and our Privacy Policy.
You must be at least 18 and legally able to enter into these Terms. If you use the Services for an organization, you represent that you have authority to bind it. If you use an automated agent or assistant, you are responsible for ensuring it acts within your authority and these Terms.
2. The Services
2.1 Search
Search finds and ranks public AI capabilities using your query, public metadata, relevance, reliability, and other signals. Search results are informational and may change. Ranking, availability, or inclusion is not an endorsement, certification, or guarantee that a capability is suitable, lawful, accurate, secure, or available for your intended use.
2.2 Act
Act coordinates a durable session with an AI capability you or your authorized agent selects. An Action can include communication, authentication, payment, and an exact approval when required. The current Action state determines which mutations are available. Stopping a turn does not necessarily end an Action; ending an Action closes the durable session and Darwin derives its outcome from available backend evidence.
2.3 APIs, SDKs, and MCP
Developer interfaces let authorized software and agents use Darwin. You are responsible for your integration, credentials, end-user notices, consent flows, and compliance with applicable law and these Terms. You may not misrepresent tool results, bypass authorization, or present an automated request as having authority it does not possess.
3. Accounts and Security
- Provide accurate account and developer information and keep it current.
- Protect passwords, API keys, access tokens, devices, and other credentials.
- Use credentials only for the account, application, environment, and permissions for which they were issued.
- Notify security@darwin.so promptly of suspected unauthorized access or credential compromise.
- Accept responsibility for activity performed through your account or credentials, subject to applicable law.
We may require identity or business verification, rotate or revoke credentials, impose reasonable limits, or suspend access when necessary to protect the Services or comply with law.
4. Your Content and Instructions
You retain ownership of content you submit. You grant Darwin a limited, worldwide, non-exclusive license to host, copy, transmit, transform, and process that content only as needed to provide, secure, support, and improve the Services, comply with law, and enforce these Terms. This license ends when the content is no longer needed for those purposes, subject to backups and legal obligations.
You represent that you have the rights and authority needed to submit content and instructions and to permit Darwin and selected providers to process them. Do not submit secrets, personal data, copyrighted material, or regulated information unless you are authorized to do so and the selected capability supports that use.
5. Third-Party AIs and Services
AI capabilities, authentication providers, vaults, payment methods, websites, and other destinations may be operated by third parties. Their terms, privacy policies, pricing, availability, and output apply to your use of their services. Darwin does not control or guarantee third-party content, conduct, security, or performance.
You are responsible for reviewing a destination and its requested scopes, payment terms, and proposed action before proceeding. Darwin may disable or remove a capability or integration, but is not required to monitor every destination or transaction.
6. Authentication, Approvals, and Payments
6.1 Authentication
Authentication authorizes a specific relationship and set of scopes with a destination. It does not by itself approve work, authorize a payment, or verify a final outcome. You may revoke a saved connection, subject to any independent obligations you have to the destination.
6.2 Approvals
When an Action requests approval, the approval is bound to the exact displayed payload, digest, revision, scope, and expiry. Approving authorizes only that interaction. Review it carefully; you are responsible for approvals made through your account or authorized agent.
6.3 Payments
A payment request is bound to displayed terms such as merchant, amount, currency, method, protocol, scope, and expiry. Underlying payment credentials are processed by the selected payment provider. Unless Darwin expressly identifies itself as the seller, the destination provider is the merchant or service provider and its refund, cancellation, delivery, tax, and dispute terms apply. A later Action failure does not undo a completed payment. Darwin will not automatically issue a refund unless the bound terms expressly promise one.
7. Fees and Billing
Fees for Darwin plans or usage will be disclosed before purchase or in an applicable order form. You authorize Darwin and its payment processor to charge the selected payment method for those fees and applicable taxes. Recurring charges, renewal, cancellation, credits, and refunds are governed by the terms shown at purchase or in the order form. Third-party Action payments are separate from fees owed to Darwin.
8. Acceptable Use
You may not use the Services to:
- Violate law, regulation, sanctions, export controls, or the rights of others.
- Access accounts, data, systems, or capabilities without authorization.
- Defeat authentication, approval, payment, rate-limit, safety, or security controls.
- Distribute malware, exploit vulnerabilities, interfere with the Services, or facilitate abuse.
- Use deceptive identities, impersonate others, or falsely claim authority or consent.
- Expose credentials, payment data, private messages, or personal information improperly.
- Scrape, resell, or reproduce the Services in a way that violates law or third-party rights.
- Use outputs or rankings as the sole basis for decisions that legally require human review.
9. Intellectual Property
Darwin and its licensors own the Services, software, interfaces, documentation, branding, and related intellectual property, excluding your content and third-party materials. Subject to these Terms, Darwin grants you a limited, revocable, non-exclusive, non-transferable right to use the Services.
If you provide feedback, you grant Darwin a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not publicly identify you as its source without permission.
10. Privacy and Confidentiality
Our Privacy Policy describes how we handle personal information. Each party may receive confidential information from the other and will use reasonable care to protect it and use it only for the purpose for which it was disclosed. These obligations do not apply to information that is public through no breach, already known without duty, independently developed, or lawfully received from another source.
11. Legacy Campaign Review Content
If Darwin provides access to an unreleased creator campaign through a legacy review page, the reviewer must keep creator identities, footage, schedules, placement drafts, and campaign configuration confidential until the applicable content is publicly released. The reviewer may not record, copy, distribute, or share the review page or its content except with people authorized to review it for the same organization. Any additional terms shown and accepted in that review flow also apply to that campaign.
12. Availability and Changes
We may modify, suspend, limit, or discontinue features, integrations, previews, or the Services. We do not promise that any capability, destination, protocol, result, or Action will remain available or error-free. Preview and beta features may be incomplete and may change without notice.
13. Suspension and Termination
You may stop using the Services at any time. We may suspend or terminate access if you materially breach these Terms, create risk or legal exposure, fail to pay amounts due, or threaten the security or integrity of the Services. Where practical, we will give notice and an opportunity to cure. Terms that by their nature should survive—including payment obligations, ownership, disclaimers, liability limits, indemnity, dispute terms, and general provisions—will survive.
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, SEARCH RESULTS, ACTIONS, THIRD-PARTY CAPABILITIES, AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." DARWIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY. AI OUTPUTS MAY BE INCOMPLETE, INCORRECT, OR UNSUITABLE. YOU MUST REVIEW OUTPUTS AND CONSEQUENTIAL ACTIONS BEFORE RELYING ON THEM.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARWIN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARWIN'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID DARWIN FOR THE SERVICES DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY WHERE APPLICABLE LAW PROHIBITS THEM.
16. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Darwin and its affiliates, officers, employees, and agents from claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys' fees arising from your content, your instructions or Actions, your use of third-party services, your violation of these Terms or law, or your infringement of another person's rights. Darwin may control the defense of a covered claim, and you will reasonably cooperate.
17. Dispute Resolution
Before filing a formal claim, contact legal@darwin.so and describe the dispute. The parties will try in good faith for 30 days to resolve it informally.
Except for claims eligible for small-claims court or requests for injunctive relief involving unauthorized access or intellectual property, disputes arising from these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules. Arbitration will take place in San Francisco, California, unless the parties agree otherwise or applicable law requires another location. Class, collective, and representative proceedings are waived to the extent permitted by law.
18. Governing Law
California law governs these Terms without regard to conflict-of-law principles. For disputes not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts in San Francisco County, California, except where applicable law requires otherwise.
19. General
These Terms, the Privacy Policy, and any applicable order form or displayed transaction terms are the entire agreement for the Services they cover. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; Darwin may assign them in connection with a reorganization, financing, merger, acquisition, or sale of assets. Neither party is liable for delay caused by events beyond its reasonable control.
20. Changes and Contact
We may update these Terms. We will post the updated version and change the date above. If a change materially affects your rights, we will provide additional notice where required. Continued use after the effective date constitutes acceptance of the updated Terms.
Questions or notices may be sent to Darwin Technologies, Inc. at legal@darwin.so. General inquiries may be sent to hello@darwin.so.