Terms of Service
Welcome to the Darwin Pricing® dynamic pricing service (the “Service”), a service of the Darwin Pricing LLC (“Darwin Pricing”, “we”, or “us”). Please read these Terms of Service carefully, as they contain the legal terms and conditions that govern your use and access of the Service. Darwin Pricing reserves the right to update and change the Terms of Service from time to time by posting an updated version of such Terms of Service at https://dynamics-admin.darwinpricing.com/terms no later than thirty (30) days prior to the posted effective date of such update. If you continue to use or access the Service after the posted effective date, you hereby agree to the updated Terms of Service. Unless Darwin Pricing otherwise indicates, your use of any new features, changes, and enhancements to the current Service, including the release of new features and resources, shall be subject to the Terms of Service.
BY SIGNING UP FOR AN ACCOUNT OR BY USING THE SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR CORPORATE END USER THAT IS SPECIFIED IN THE REGISTRATION INFORMATION ASSOCIATED WITH SUCH END USER’S ACCOUNT FOR THE SERVICE.
- You must provide your legal full name, a valid email address, and any other information requested during the account signup process in order to obtain an account. You must ensure that all account information remains complete and accurate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account and password, and are responsible for all activities conducted using your account and password. Darwin Pricing cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Service for any illegal or unauthorized purpose. Without limiting the foregoing, you may use the Service only in accordance with the use parameters of your account’s plan level (“Plan Level”), and you agree not to attempt to circumvent such limitations.
Payment and Pricing Terms
Payment and pricing terms for the Service are set forth on Darwin Pricing Dynamics’s pricing information page available at https://www.darwinpricing.com/pricing, which is incorporated by reference into these Terms of Service.
Cancellation and Termination
- You will continue to be billed for the Service until Darwin Pricing terminates your account in accordance with these Terms of Service or you properly cancel your account. You are solely responsible for properly canceling your account. You can cancel your account by browsing to your account’s billing settings and clicking “Stop Subscription”.
- If you cancel the Service before the end of your current paid up subscription period, your cancellation will take effect upon completion of the billing cycle that has already been paid.
- Darwin Pricing, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the suspension or deletion of your Account or your access to your Account. Darwin Pricing reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Darwin Pricing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Darwin Pricing. Such notice may be provided at any time by posting the changes to the Darwin Pricing Dynamics Site (https://www.darwinpricing.com) or the Service itself. If you do not agree to such pricing change, you may cancel your account during such 30-day period. By continuing to use the Service after the effective date of such pricing change, you hereby agree to such pricing change.
- Darwin Pricing shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Software Licenses, Copyright and Content Ownership
All software (including the Darwin Pricing Dynamics client) that is furnished to you in connection with the Service is provided subject to the terms of a separate end-user license agreement that accompanies such software. You agree to abide by the terms of such end-user license agreement in your use of such software.
The Service (including all of its software and technology components), together with all intellectual property rights therein, are the exclusive property of Darwin Pricing and its suppliers. The look and feel of the Service is copyright © 2020 Darwin Pricing. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Service without express written permission from Darwin Pricing.
Darwin Pricing® is a registered trademark of Sébastien Fauvel, Ackerstr. 43, 4057 Basel, Switzerland. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.
Prohibition of Price Discrimination
The Service is intended for the sole purpose of enabling you to give away discount codes selectively to customers navigating on your online store from specific geographical areas, in order for you to be competitive on the local market. We are performing an automated sales performance analysis based on your anonymized sales data in order to advise you regarding the optimal geographical distribution of these discount codes, and we are offering a software solution using machine learning to put this advice into practice automatically.
You understand that using the Service for a different purpose than intended, and especially for price discrimination purposes, might be in breach of legal regulations like the Services Directive of the European Union. You understand that you are sole responsible for your usage of the Service, and that Darwin Pricing shall not be liable for any costs resulting from your infringement of such regulations.
Therefore, we strongly advise you against using the Service in a way that you would display different prices on your online store based on the location of your customers, which is not the purpose of the Service and would be a form of price discrimination. We strongly recommend you instead to promote on your online store different discount codes in different geographical areas, based on the location of your customers. While the promotion of these discount codes is targeted at specific locations, in case a customer would get access to a discount code that was not intended for him, you should not deny him the right to redeem it because of his location, nationality or residence. Please seek legal advice if you are unsure about which regulations apply in your specific situation.
General Data Protection Regulation: Compliance as a Data Controller
Darwin Pricing may store some personally identifiable information about you in order to create your account, to provide customer support, to send you reports on your request, to prepare or execute contracts and to send invoices:
- Email address
- Full name
- Company name
- Phone number
- Skype account
- Google+ account
In order to provide you a timely customer support through a chat window while you are using the Service, your IP address, your email address and your full name are being sent to our chat service provider Intercom. You have a right to access, rectify or delete this information by contacting email@example.com.
When you schedule a support call through our online calendar, we share with our booking service provider YouCanBook.me some personal information that you have entered into the booking form, like your full name, email address and phone number. You have a right to access, rectify or delete this information by contacting firstname.lastname@example.org.
Besides that, Darwin Pricing may store and process your email address and your full name in a mailing list hosted by the email marketing platform MailChimp in order to send you promotional emails from time to time. You have a right to access, rectify and delete this information through the corresponding links in the footer of such emails or by contacting email@example.com.
We also make use of Google Analytics to analyse the traffic on our website, and of YouTube to store videos and play them on our website. We are using the anonymous version of Google Analytics as well as the cookiesless version of YouTube to make sure that you will not be tracked by these Google services while navigating on our website.
General Data Protection Regulation: Compliance as a Data Processor
Through the installation of the Darwin Pricing client software on your e-commerce website, your e-commerce platform may send us some personally identifiable information on your customers along with order and refund details, like for instance:
- IP address
- Email address
- Street address
- Phone number
- Customer ID
Darwin Pricing does not store or process such personally identifiable information.
IP addresses are being anonymized as soon as technically possible (within milliseconds) before any further processing is taking place. Technically, IP anonymization is achieved by deleting the last 8 bits of IPv4 addresses resp. the last 80 bits of IPv6 addresses. This means that an anonymized IP address represents a group of typically 256 different households and businesses, usually located approximately in the same area. The geolocation of your website visitors is based on their anonymized IP addresses and has a typical accuracy of 30 km.
Depending on your e-commerce platform, further personally identifiable information like email addresses, street addresses, phone numbers and customer IDs may be sent by your e-commerce platform to Darwin Pricing along with order and refund details. This supplementary information is being discarded as soon as technically possible (within milliseconds) before we proceed further, on your behalf, with a sales performance analysis based on anonymized sales data.
Since no personally identifiable information on your customers is being stored by Darwin Pricing, we cannot process any request to access, rectify or delete such data.
Service Level Commitment
Darwin Pricing is committed to providing our customers with a great experience with our products. Darwin Pricing Dynamics is provided using the software-as-a-service model. In this model, the software you use to manage your prices and promotions is comprised of two components: The Darwin Pricing Dynamics Client, which is a small software module that is deployed inside your application; and the Service which is a set of software programs that collect, store, analyze and present the purchasing data sent from the Client in your application to our service, and delivers dynamic prices. The service level within Darwin Pricing’s control is the availability of the Service. The Service shall be considered available so long as customers are able to log in to the Darwin Pricing Dynamics user interface and retrieve dynamic prices. We endeavor to make the Service available at all times with the exception of very short maintenance windows that occur periodically throughout the month. Darwin Pricing will use commercially reasonable efforts to maintain Service availability of at least 99.5% during any monthly billing cycle. Excluding planned maintenance periods, in the event the Service availability drops below 99.5% for two consecutive monthly billing cycles or if the Service availability drops below 99.0% in any single monthly billing cycle, you may terminate the Service with no penalty. Such termination will be effective as of the end of the then-current billing period and no additional fees shall be charged. Customers may request the service level attainment for the previous month by filing a support ticket on our Site.
- Your use of the Service is at your sole risk, and Darwin Pricing makes no representations that the Service will effectively maximize at all times the profit that could potentially be generated by the traffic on your website.
- Technical support is only provided to users that have paid for a Plan Level, and no technical support is available for any free Plan Levels.
- You understand that Darwin Pricing uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service. Darwin Pricing is not responsible for any failures attributable to third parties.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Darwin Pricing, or any other Darwin Pricing service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Darwin Pricing.
- You understand that the technical processing and transmission of the Service may be transferred unencrypted over a network, and assume all risks related thereto. Darwin Pricing shall not be liable to you for any liabilities arising from the operation of the Service over the Internet or other network.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If the amount of data collected in providing your Service significantly exceeds the average amount of data collected (as determined solely by Darwin Pricing) of other Darwin Pricing Dynamics customers at your subscription level, we reserve the right to immediately disable your account or throttle your Service until you can reduce your bandwidth consumption.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DARWIN PRICING EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DARWIN PRICING DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DARWIN PRICING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DARWIN PRICING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING ANY SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; TERMINATION OF YOUR ACCOUNT; OR ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DARWIN PRICING’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50) OR THE AMOUNTS YOU PAID TO DARWIN PRICING IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
This Agreement shall be governed by the laws of the Swiss Confederation without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to this Agreement, you agree to submit to the jurisdiction of, and agree that venue is proper in, the ordinary courts located in the Canton of Basel-Stadt, Switzerland. The failure of Darwin Pricing to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Darwin Pricing and govern your use of the Service, superceding any prior agreements between you and Darwin Pricing (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service were last updated on August 14, 2020. You can review the most current version of the Terms of Service at any time at: https://dynamics-admin.darwinpricing.com/terms. Questions about the Terms of Service should be sent to to firstname.lastname@example.org.