Last updated: April 10, 2026
Welcome to Darwin CX (“Darwin CX”, “Company”, “we”, “our”, “us”), which includes Darwin CX and its current and future affiliates, subsidiaries, and successors.
These Terms of Service (“Terms”) govern your access to and use of the Darwin CX platform, applications, and related services (collectively, the “Services”), including any websites operated by Darwin CX.
By accessing or using the Services, you agree to be bound by these Terms. Please review them carefully.
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy available at https://www.darwin.cx/privacy.
If Darwin CX processes personal data on your behalf in connection with your use of the Services, the Darwin CX Data Processing Addendum (“DPA”) also applies. In the event of any conflict between these Terms and the DPA with respect to personal data processing, the DPA will control.
If you do not agree to these Terms, you must not access or use the Services.
We may update these Terms from time to time. When we make changes, we will revise the “Last updated” date above.
Material changes will take effect upon notice provided through the Services or by other reasonable means. Your continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms.
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of others, restrict or inhibit anyone else's use of the Services, or interfere with the proper operation of the Services.
Prohibited conduct includes, but is not limited to, harassing or causing distress or inconvenience to any other user, transmitting unlawful, obscene or offensive content, or engaging in conduct that disrupts the normal functioning of the Services.
To access and use certain features of the Services, you may be required to register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process and to keep such information up to date.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify Darwin CX if you become aware of any unauthorized access to or use of your Account or credentials.
Darwin CX is not responsible for any loss or damage arising from your failure to safeguard your Account information.
In connection with your use of the Services, you may authorize individuals to access and use the Services on your behalf (“Authorized Users”). Each Authorized User will be required to create and use unique login credentials.
You are responsible for ensuring that Authorized Users maintain the confidentiality of their credentials and do not share them with any third party. You are responsible for all acts and omissions of your Authorized Users and for their compliance with these Terms and all applicable laws and regulations.
You acknowledge that Authorized Users may have access to your Account, including Content and any personal data associated with your use of the Services. Darwin CX is not responsible for activities that occur under your Account as a result of actions taken by Authorized Users, including any loss, deletion, or disclosure of Content.
Darwin CX reserves the right to suspend or terminate your Account or the access of any Authorized User if we reasonably determine that these Terms have been violated, including where Account information is inaccurate, incomplete, or compromised, or where continued access presents a security, legal, or compliance risk.
The Services allow you and your Authorized Users to submit, upload, store, process, share, and otherwise make available information, data, text, documents, files, and other materials (“Content”).
As between you and Darwin CX, you retain all right, title, and interest in and to your Content. These Terms do not grant Darwin CX any ownership rights in your Content.
You represent and warrant that you have all rights, permissions, and authority necessary to submit and use Content in connection with the Services and that the use of such Content does not violate applicable law or infringe the rights of any third party, including intellectual property, privacy, or contractual rights.
To the extent Content includes personal data, such personal data will be processed in accordance with the Privacy Policy and, where applicable, the Darwin CX DPA . Nothing in these Terms limits or modifies Darwin CX’s obligations under applicable data protection laws or the DPA.
You grant Darwin CX a limited, non‑exclusive, worldwide right to access, host, store, process, transmit, and display Content solely as necessary to provide, operate, maintain, and improve the Services, including to perform features such as storage, backup, search, sharing, document processing, previews, and other service functionality. This right includes use by Darwin CX’s affiliates and subprocessors as described in the Privacy Policy and DPA.
You are solely responsible for the accuracy, quality, and legality of Content and for ensuring that your Content does not contain malicious code, unlawful material, or content that violates these Terms. Darwin CX does not monitor or review Content except as necessary to provide the Services, comply with law, enforce these Terms, or address security or operational issues.
Darwin CX is not responsible for the loss, deletion, or corruption of Content, except to the extent required by applicable law or expressly set forth in a separate written agreement. ``
Darwin CX may send you communications related to your use of the Services, including administrative messages, security alerts, service updates, and legal notices. These communications are necessary to provide and operate the Services and are not optional.
Darwin CX may also send marketing or promotional communications in accordance with applicable law. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions included in such messages or by contacting unsubscribe@darwin.cx. Opting out of marketing communications will not affect your receipt of service‑related communications.
You agree not to misuse the Services or assist anyone else in doing so. You may use the Services only in accordance with these Terms and all applicable laws and regulations.
Without limiting the foregoing, you agree not to use the Services:
(a) In any manner that violates applicable local, national, or international law or regulation; (b) To exploit, harm, or attempt to exploit or harm minors in any way;
(c) To transmit or facilitate the transmission of unsolicited or unauthorized advertising, promotional materials, spam, or similar solicitations;
(d) To impersonate or attempt to impersonate Darwin CX, a Darwin CX employee, another user, or any other person or entity;
(e) To infringe the rights of others, including intellectual property, privacy, confidentiality, or contractual rights;
(f) To engage in conduct that is fraudulent, deceptive, threatening, abusive, or otherwise harmful, including conduct intended to misrepresent, disparage, or cause reputational harm to Darwin CX, its customers, or other users through the misuse of information obtained via the Services; (g) To interfere with, disrupt, damage, or impair the operation, integrity, or security of the Services, including by introducing viruses, malware, or other harmful code;
(h) To attempt to gain unauthorized access to the Services, user accounts, systems, networks, or data;
(i) To probe, scan, or test the vulnerability of any Darwin CX system or network without authorization;
(j) To bypass, circumvent, or disable any security, authentication, or access‑control mechanisms; (k) To use automated means, including bots, scrapers, or crawlers, to access or extract data from the Services without prior written consent;
(l) To publish, disclose, or share screenshots, recordings, visual representations, or detailed descriptions of non‑public areas of the Services, including dashboards, reports, or administrative interfaces, without Darwin CX’s prior written consent, except as required by law; or (m) To reverse engineer, decompile, or otherwise attempt to derive the source code or underlying structure of the Services, except to the extent expressly permitted by applicable law.
The Services are intended for use only by individuals at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old. If you are under eighteen (18) years of age, you may not access or use the Services.
Services, including all software, technology, documentation, interfaces, designs, trademarks, service marks, logos, and other materials provided by or on behalf of Darwin CX (collectively, “Darwin CX Materials”), are owned by Darwin CX or its licensors and are protected by intellectual property and other applicable laws.
Except as expressly permitted under these Terms, no rights or licenses are granted to you with respect to the Services or Darwin CX Materials, whether by implication, estoppel, or otherwise.
Nothing in these Terms restricts your ownership rights in Content, as described in Section 6.
Darwin CX respects the intellectual property rights of others and expects uses of the Service to do the same.
If you believe that content available through the Services infringes a copyright you own or control, you may submit a written notification of claimed infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by providing the following information: (a) A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Darwin CX to locate the material;
(d) Your contact information, including address, telephone number, and email address; (e) A statement that you have a good-faith belief that the use of material is not authorized by the copyright owner, its agent, or the law; and
(f) A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Notices of claimed infringement should be sent to: legal@darwin.cx
If you provide Darwin CX with feedback, suggestions, ideas, error reports, or other input regarding the Services (“Feedback”), you agree that Darwin CX may use such Feedback without restriction or obligation to you.
You acknowledge and agree that: (a) Feedback does not constitute confidential information; (b) Darwin CX may have already developed or may develop ideas similar to or identical to the Feedback; and (c) Darwin CX will own all improvements, modifications, or enhancements to the Services that result from or incorporate Feedback.
Nothing in this section obligates Darwin CX to implement Feedback or to compensate you for any Feedback provided.
The Services may contain links to or integrations with third-party websites, applications, or services that are not owned or controlled by Darwin CX.
Darwin CX does not endorse and is not responsibile for the content, products, services, privacy practices, or terms of any third-party websites or services. Your access to and use of any third‑party websites or services is at your own risk and subject to the terms and policies of those third parties.
Darwin CX will not be liable for any loss or damage arising from your use of or reliance on any third‑party websites or services.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DARWIN CX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
DARWIN CX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT OR DATA WILL BE ACCURATE, COMPLETE, OR RELIABLE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DARWIN CX, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DARWIN CX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO DARWIN CX FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms limits liability that cannot be excluded or limited under applicable law.
Darwin CX may suspend or terminate your access to the Services, in whole or in part, at any time if we reasonably determine that:
(a) You or an Authorized User have violated these Terms;
(b) Your use of the Services poses a security, legal, or compliance risk;
(c) Suspension or termination is required to comply with applicable law or a lawful request from a governmental authority; or
(d) Continued provision of the Services is no longer commercially or technically feasible.
Upon termination, your right to access and use the Services will immediately cease. Sections that by their nature should survive termination, including ownership, disclaimers, limitation of liability, dispute resolution, and governing law, will survive.
Darwin CX will not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including natural disasters, acts of God, pandemics, war, terrorism, labour disputes, power or network failures, cyber attacks, governmental actions, or failures of third‑party service providers.
Darwin CX may modify, suspend, or discontinue all or part of the Services in response to such events or other unforeseen circumstances without liability, provided that such actions are taken in good faith.
Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute arising out of or relating to these Terms or the Services informally by contacting Darwin CX at legal@darwin.cx.
If a dispute cannot be resolved informally, Darwin CX may require that the dispute be resolved through final and binding arbitration administered by JAMS in accordance with its applicable rules, except where prohibited by law.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
Nothing in these Terms deprives you of protections afforded by mandatory laws of your country or state of residence.
No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
These Terms are binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.
If you have any questions about these Terms of Service, please contact Darwin CX at privacy@darwin.cx.
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