Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Darwiny ("Darwiny", "we", "us") governing your access to and use of the Darwiny service at darwiny.ai ("Service"). By creating an account or installing the Darwiny loader script on your storefront, you agree to these Terms.

1. The Service

Darwiny generates AI-produced variations of your product pages, routes a portion of your storefront traffic to those variations, and measures conversion. You remain the owner of the content generated on your behalf and of the underlying store data. You grant us a limited licence to process that data to operate the Service.

2. Your account

You must provide accurate account information and are responsible for maintaining the security of your credentials. You are responsible for all activity that occurs under your account.

3. Subscription & billing

• Subscriptions obtained through the Darwiny Shopify app are approved and billed by Shopify using Shopify App Pricing. The current public plan has a $39 monthly base fee.
• The Shopify plan also includes usage-based capacity charges. During each billing cycle, the applicable capacity tier is determined by the higher of your product-count or storefront-traffic tier, using the thresholds and prices disclosed on Shopify's hosted plan page. Usage within the approved pricing schedule is added automatically to your Shopify bill.
• Darwiny subscriptions purchased independently of the Shopify app are separate services and are billed through Stripe. A standalone Stripe subscription neither pays for nor unlocks the Shopify app.
• The embedded Shopify app contains no Stripe checkout, Stripe billing link, or other external payment route.
• Prices shown are exclusive of applicable taxes.
• Shopify app subscriptions, plan changes, and cancellation are managed in Shopify Admin. Standalone subscriptions can be canceled from the Darwiny billing portal. Cancellation takes effect under the rules shown by the applicable billing provider.
• If Shopify freezes an app subscription or Stripe marks a standalone subscription past due, we may suspend the paid Service until the billing provider confirms that the subscription is active again.

4. Money-back guarantee

If your product-page conversion rate, measured over the Darwiny loader, has not improved during your first 30 days on a paid plan, email support@darwiny.ai and we will refund that billing period in full. The guarantee applies only to the first paid billing period and requires that the loader has been active for at least 14 days of that period.

5. Acceptable use

You agree not to:

• Use the Service to generate unlawful, infringing, deceptive, or harmful content.
• Interfere with the integrity of third-party storefronts or visitors.
• Probe, scan, or reverse-engineer the Service.
• Resell or white-label the Service without our written consent.

6. Intellectual property

We retain all rights to the Service itself, including the loader, the generation pipeline, and the dashboard UI. You retain all rights to your product data and storefront content. Content generated for you by the Service is yours.

7. Availability

We target high availability but do not guarantee uninterrupted service. Scheduled maintenance and incidents occur; our loader is built to fall back to the original page on failure so your storefront continues to function.

8. Disclaimers

The Service is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding merchantability, fitness for a particular purpose, or non-infringement. Conversion-rate improvements are not guaranteed beyond the money-back guarantee in section 4.

9. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or related to these Terms is limited to the amount you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.

10. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms or if required by law. Sections 6, 8, 9, 10, and 12 survive termination.

11. Changes

We may update these Terms from time to time. Material changes will be announced by email at least 14 days before they take effect.

12. Governing law

These Terms are governed by the laws of Denmark, excluding its conflict-of-law rules. Disputes are subject to the exclusive jurisdiction of the courts of Copenhagen, except where mandatory consumer-protection law provides otherwise.

13. Contact

Questions? support@darwiny.ai.