Terms of Use
These terms govern your use of Darwa. By creating an account or deploying a service, you agree to them on behalf of yourself and any organisation you represent.
- Your code and data remain yours. We claim no ownership and no licence beyond running it for you.
- Fixed terms keep their purchase price through the term; renewal uses the then-current regular price.
- RAM and memory figures are plan allocations, not dedicated physical hardware for every object.
- We publish an uptime target and credit you when we miss it on a paid plan.
- We can suspend an account for non-payment or a breach of Acceptable Use, with notice except in emergencies.
1. Your account
You must be 16 or older and provide accurate details. You are responsible for activity under your account, for the people you invite, and for the roles you assign them. Keep credentials secure and tell us promptly if you believe an account has been compromised.
2. Ownership of content
You keep all rights to your code, data, and configuration. You grant us only the licence needed to host, build, transmit, back up, and display it in order to provide the service — nothing more, and nothing that survives deletion of the content. We do not train models on it.
3. Payment
- Paid plans are billed monthly in arrears for usage and in advance for fixed plan fees.
- Compute is metered per second; storage per GB-month. Estimates are shown before you commit.
- Invoices are due on receipt. After a failed renewal payment, monthly plans remain accessible for 3 days before suspension; prepaid terms of 12 months or longer remain accessible for 14 days.
- A promotional or fixed-term price applies for the prepaid term shown at checkout. That price does not change during the purchased term.
- Unless you cancel, the service renews at the then-current regular renewal price communicated to you. The renewal price shown when you first purchase is the current price, not a guarantee that the same amount will apply at a later renewal.
- Regular and renewal prices may increase or decrease. We provide clear notice 30 days before an increase takes effect, or within another notice period required by applicable law, and include how to cancel before the new price is charged. A decrease may apply immediately or from the next billing or renewal date.
- Where required, we also send a reminder before a discounted or long-term subscription renews.
- Taxes are added where applicable. Valid VAT or TRN identifiers are honoured.
4. Free tier
Free resources do not expire and free web services do not sleep. They carry usage limits, no uptime commitment, and community support. We may reclaim free resources in a project with no activity for 12 months, after emailing you twice.
5. Uptime and credits
We target 99.9% monthly availability on paid plans and 99.99% on Scale plans with a signed agreement. If we fall below the target, request a credit within 30 days and we apply it against the next invoice: 10% of the monthly fee below target, 25% below 99.0%, 50% below 95.0%. Credits are the sole remedy for missed availability.
6. Acceptable use
Your use must comply with the Acceptable Use Policy. Serious or repeated breach permits immediate suspension of the offending workload.
7. Suspension and termination
You may cancel at any time; billing stops at the end of the period and resources are deleted after 14 days, during which you can export. We may suspend for non-payment, breach, or legal requirement, giving notice first except where an emergency or a court order prevents it. On termination for our breach, we refund prepaid fees for the unused term.
8. Changes to the service
Features may change. We give 90 days notice before removing a generally available feature you use, and offer a migration path. Beta and features marked “Soon” carry no such commitment and may change or be withdrawn.
9. Resource limits
Resource figures apply to the plan or service scope identified where they are shown. Across the Darwa platform, a figure labelled RAM, memory, allocated memory, or reserved memory is a logical plan allocation used for workload placement and enforcement. It does not mean that a separate physical RAM module or an entire host is assigned exclusively to you unless the product is expressly labelled dedicated.
A plan allocation is not automatically repeated for every website, database, container, agent, process, replica, or other object within that plan. Unless we expressly describe a figure as applying per object, the objects covered by the service share the stated plan allocation. A dashboard value labelled usage reports observed consumption; a value labelled allocated or reserved reports capacity assigned for the relevant plan or service and is not a live-usage measurement.
Darwa may run workloads on shared infrastructure, move them between compatible hosts, and reserve part of a host’s memory for its operating system, runtime, management services, and safe operation. That platform reserve is separate from customer workload usage. Each plan also sets applicable CPU and memory limits. If a plan’s limits change because we adjust or retire a tier, or because you change plans, usage is measured against the new limits going forward. Size and test your workload for the plan and allocation scope currently shown in the product.
10. Warranties and disclaimers
We provide the service with reasonable skill and care. Beyond the commitments in these terms and the DPA, the service is provided as-is; we do not warrant that it will be uninterrupted or error-free, and you remain responsible for the design and testing of your application.
11. Limitation of liability
Neither party is liable for indirect, incidental, or consequential loss, or for lost profits, revenue, or data, except where caused by wilful misconduct. Our aggregate liability is capped at the fees you paid in the 12 months before the claim. Nothing here limits liability that cannot lawfully be limited.
12. Indemnity
You indemnify us against third-party claims arising from your content or your breach of these terms. We indemnify you against claims that the platform itself infringes a third party’s intellectual property rights, provided you tell us promptly and let us handle the defence.
13. Governing law
These terms are an agreement with Zevello, Inc., the C corporation that provides Darwa. The governing law and courts are those stated in an applicable order form or separately signed agreement. If neither document specifies them, governing law and jurisdiction are determined under applicable conflict-of-law rules. Either party may seek injunctive relief where necessary to protect its rights.
Contact
Darwa is a product and brand of Zevello, Inc., a C corporation. Written notice may be sent to legal@darwa.co. Security reports go to security@darwa.co. Privacy requests go to privacy@darwa.co.