Welcome to DarwGZ AI. These Terms of Service ("Terms") govern your access to and use of the DarwGZ AI website (https://darwgz.ai.com) and any related services provided by DarwGZ AI ("we", "us", or "our").
By accessing or using our website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use our website.
1. Agreement to Terms
By accessing or using the DarwGZ AI website, you agree to these Terms and any additional terms and conditions that may apply to specific services or content. If you are using our website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We may update these Terms from time to time. Your continued use of our website following the posting of revised Terms means you accept and agree to the changes. It is your responsibility to check this page periodically for updates.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Order" means a request to purchase Products through the Services.
- "Products" means the fruits, vegetables, and other items offered for sale through the Services.
- "Subscription" means a recurring Order for Products at specified intervals.
- "User" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Content and Intellectual Property
4.1 Our Content
All content on our website, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of DarwGZ AI or our content suppliers and is protected by international copyright laws. The compilation of all content on our website is the exclusive property of DarwGZ AI and is protected by international copyright laws.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and content for personal, non-commercial purposes. This license does not include:
- The right to reproduce, distribute, publicly display, or publicly perform our content
- The right to modify or create derivative works based on our content
- The right to use our content for any commercial purpose
- The right to access or use our content in a way that violates these Terms
4.3 User Content
By submitting content to our website (such as comments, feedback, or suggestions), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
You represent and warrant that:
- You own or control all rights to the content you submit
- The content is accurate and not misleading
- The content does not violate these Terms or any applicable law
- The content will not cause injury to any person or entity
4.4 Copyright Infringement
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and where it is located on our website
- Your contact information, including address, telephone number, and email address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner
Please send copyright infringement notices to: copyright@darwgz.ai.com
5. User Conduct
When using our website, you agree not to:
- Violate any applicable law or regulation
- Infringe the rights of any third party, including intellectual property, privacy, and publicity rights
- Use our website to transmit or distribute malware, viruses, or any other malicious code
- Interfere with or disrupt the integrity or performance of our website or the data contained therein
- Attempt to gain unauthorized access to our website, user accounts, or computer systems
- Collect or harvest any personally identifiable information from our website
- Use our website for any commercial purpose without our prior written consent
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- Engage in any conduct that restricts or inhibits any other user from using or enjoying our website
- Use our website in any manner that could disable, overburden, damage, or impair the site
6. Third-Party Links and Content
Our website may contain links to third-party websites or services that are not owned or controlled by DarwGZ AI. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that DarwGZ AI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. Disclaimers
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT:
- THE WEBSITE WILL MEET YOUR REQUIREMENTS
- THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS
- ANY ERRORS IN THE WEBSITE WILL BE CORRECTED
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DARWGZ AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARWGZ AI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR:
- ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
- ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE DURING THE TWELVE (12) MONTHS PRIOR TO BRINGING THE CLAIM.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Indemnification
You agree to defend, indemnify, and hold harmless DarwGZ AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website, including, but not limited to, your User Content, any use of the website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the website.
10. Termination
We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the website will immediately cease. If you wish to terminate your account, you may simply discontinue using the website or contact us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the website.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Dispute Resolution
Any dispute arising out of or relating to these Terms, including their formation, interpretation, breach, or termination, will be resolved through the following process:
13.1 Informal Negotiation
The parties will first attempt to resolve any dispute through informal negotiation. The party raising the dispute shall send a written notice to the other party describing the nature of the dispute. Within 30 days of receipt of this notice, the parties shall meet and attempt to resolve the dispute.
13.2 Mediation
If the dispute cannot be resolved through informal negotiation, the parties will seek resolution through mediation under the rules of the Centre for Effective Dispute Resolution (CEDR). The mediation shall take place in London, United Kingdom, and shall be conducted in English.
13.3 Legal Proceedings
If the dispute remains unresolved 60 days after the start of mediation, either party may commence legal proceedings in the courts of England and Wales, which shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and DarwGZ AI regarding your use of our website and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter of these Terms.
14.2 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent shall be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
14.3 Relationship
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and DarwGZ AI.
14.4 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DarwGZ AI.
14.5 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14.6 Force Majeure
We will not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.