1. What DAR.WIN Is — and Is Not

DAR.WIN is a passive home awareness platform that uses WiFi motion sensing technology, provided in partnership with Cognitive Systems Corp., to detect movement patterns in your home and provide insights and notifications to help you stay aware of activity without using cameras or wearable devices.

DAR.WIN is not a medical device, emergency response system, or life-safety device. DAR.WIN does not detect medical emergencies, falls, cardiac events, or any health condition. DAR.WIN is not approved or cleared by the FDA, Health Canada, or any other regulatory body as a medical device, and you may not use it as one.

DAR.WIN is not a substitute for:

• Professional medical care or monitoring
• Emergency response services (such as 911 or a personal emergency response system)
• In-person caregiving or supervision
• Medical alert devices, fall detection devices, or wearable health monitors

If you or a loved one needs medical monitoring, fall detection, or emergency response, you must consult a qualified healthcare provider and use products specifically designed and certified for those purposes.

By using DAR.WIN, you acknowledge that DAR.WIN, Darwin Software Systems, Inc., its officers, employees, partners, and licensors (including Cognitive Systems Corp.) are not liable for any injury, illness, emergency, or other adverse event that DAR.WIN does not detect, alert you to, or prevent.

2. Definitions

• Service: The DAR.WIN platform, mobile applications, software, firmware, dashboards, hardware, and related services.
• Hardware: Smart plugs and any other physical devices we provide as part of the Service.
• Customer: The individual or entity that has purchased a DAR.WIN subscription.
• Authorized User: A person authorized by the Customer to access the Service (such as a family member, caregiver, or staff member).
• Motion Data: Data derived from WiFi signals used to detect movement patterns within a monitored space.
• User Data: Account information, usage data, and any other information you provide or that we collect through your use of the Service.

3. Eligibility and Account

You must be at least 18 years old and able to enter a binding contract to use DAR.WIN. By creating an account, you represent that you meet these requirements.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity under your account
• Ensuring any Authorized User you grant access to also follows these Terms
• Providing accurate and current information

If you suspect unauthorized access to your account, contact us immediately at support@dar.win.

4. Hardware

• Provision: The Hardware is provided to you to enable the Service.
• Ownership: Hardware delivered to you becomes your property upon delivery, except as otherwise specified in your purchase agreement. Software, firmware, and platform services that operate the Hardware are licensed, not sold.
• Hardware Warranty: The Hardware is covered by a one (1) year limited warranty against manufacturing defects from the date of delivery. The warranty does not cover damage caused by misuse, modification, unauthorized repair, environmental damage, or normal wear and tear.
• Replacement: During the warranty period, defective Hardware will be repaired or replaced at our discretion. After the warranty period, replacement may be available for purchase.
• Installation: You are responsible for installing the Hardware in accordance with the instructions we provide and ensuring the network conditions necessary for the Service to function.

5. Subscription, Billing, and Cancellation

• Subscription: The Service is provided on a subscription basis. Subscription fees, billing cycle, and any one-time fees are described at checkout and in your account.
• Billing: Subscription fees are billed in advance, on the cycle you selected. You authorize us to charge your payment method automatically.
• Automatic Renewal: Your subscription automatically renews at the end of each billing cycle unless you cancel before the renewal date.
• Cancellation: You may cancel your subscription at any time through your account settings or by contacting support@dar.win. Cancellation takes effect at the end of the then-current billing cycle, and no refunds are issued for partial billing periods, except as required by law.
• Price Changes: We may modify subscription fees with at least thirty (30) days' notice. New fees take effect at the start of your next billing cycle after the notice period.
• Suspension: If we are unable to charge your payment method, the Service may be suspended until payment is current.

6. Acceptable Use

You agree that you will not:

1. Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying technology of the Service, the Hardware, or any related software.
2. Modify, copy, distribute, sell, lease, or sublicense the Service or Hardware.
3. Use DAR.WIN to monitor any individual without their knowledge or consent, where such consent is required by law.
4. Use DAR.WIN in violation of any local, state, federal, or international law.
5. Use DAR.WIN as a medical device, emergency response system, or for any safety-critical purpose.
6. Attempt to interfere with, disrupt, or compromise the security or operation of the Service.
7. Use the Service to transmit any malicious code, virus, or harmful software.
8. Misrepresent your identity or affiliation when using the Service.

7. Privacy and Data

Your privacy is important to us. Our Privacy Policy explains:

• What information we collect
• How we use, share, and store it
• The role of Cognitive Systems Corp. as our technology partner
• Your rights to access, correct, and delete your information
• How long we retain data

By using DAR.WIN, you acknowledge that you have read the Privacy Policy and consent to the practices it describes.

You retain ownership of your account information. Motion Data generated by the Service is processed by Cognitive Systems Corp. under strict confidentiality and security obligations, as described in the Privacy Policy.

If you are an entity Customer (such as an Assisted Living Facility, Home Health Agency, or other organization) and are subject to HIPAA or similar laws, contact us at compliance@dar.win to execute a Business Associate Agreement (BAA) before deploying the Service.

8. Intellectual Property

The Service, all software, firmware, technology, designs, content, trademarks, and intellectual property (including those of Cognitive Systems Corp.) are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for personal, non-commercial use in connection with your subscription. No other rights are granted to you. The DAR.WIN trademark and any associated logos are owned by Darwin Software Systems, Inc.

9. Limitation of Liability

To the maximum extent permitted by law:

• Darwin Software Systems, Inc., its affiliates, officers, employees, agents, partners, and licensors (including Cognitive Systems Corp.) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.
• Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amount you have paid to DAR.WIN in the twelve (12) months preceding the event giving rise to the claim.
• The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of any data or insights.
• We do not warrant that the Service will detect every event, operate without interruption, or be free from errors.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Darwin Software Systems, Inc., its affiliates, officers, employees, agents, partners, and licensors (including Cognitive Systems Corp.) from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of:

1. Your violation of these Terms.
2. Your misuse of the Service.
3. Any claim that you used DAR.WIN to monitor a person without lawful consent.
4. Any reliance on DAR.WIN for medical, emergency, or safety-critical purposes.
5. Your violation of any applicable law.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms, fail to pay, or for any other reason permitted by law. Upon termination:

• Your right to use the Service ends immediately.
• We may delete your account and data, subject to our retention obligations described in the Privacy Policy.
• Sections that by their nature should survive termination (including ownership, limitations of liability, indemnification, governing law, and dispute resolution) will continue in effect.

You may terminate your account by canceling your subscription as described in Section 5.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules.

Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@dar.win. We will try to resolve the dispute by communicating with you.

Arbitration. If the dispute is not resolved within sixty (60) days, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in New York, New York. The arbitrator's decision will be final and binding.

Class Action Waiver. You and DAR.WIN agree that any dispute will be resolved on an individual basis and not as a class, collective, consolidated, or representative action. You waive any right to participate in a class action.

Exceptions. Either party may bring a claim in small claims court if eligible, or seek injunctive relief in court for intellectual property infringement.

Jury Waiver. You waive any right to a trial by jury.

If the arbitration provision is found unenforceable, any litigation will be brought exclusively in state or federal courts located in New York County, New York, and you consent to personal jurisdiction in those courts.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will:

• Update the "Last Updated" date at the top.
• Provide notice via email, in-app notification, or website posting at least thirty (30) days before material changes take effect.

Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel your subscription.

14. Miscellaneous

• Entire Agreement. These Terms, the Privacy Policy, and any subscription or purchase documents constitute the entire agreement between you and DAR.WIN regarding the Service.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices. We may send notices to you via email or in-app messages. You may send notices to us at legal@dar.win.

15. Contact

Questions about these Terms? Contact us:

• Email (Legal): legal@dar.win
• Email (Support): support@dar.win
• Email (Privacy): privacy@dar.win
• Mail: Darwin Software Systems, Inc., New York, NY 10001