Terms of Service
1. Acceptance of Terms
Novaia, Inc. (“Novaia,” “we,” “us,” or “our”) provides the Darwyn Chrome extension (the “Extension” or “Darwyn”) and related services at novaia.io (the “Site”). By accessing or using the Site or Extension, creating an account, or purchasing a subscription, you agree to these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Site or Extension.
2. Eligibility & Account Registration
- Age Requirement. You must be 13 years or older to use Darwyn. If you are under 18, you must have parental or guardian consent.
- Account Creation. You must register with a valid email address and password. You are responsible for all activity under your account.
- Accuracy of Information. You agree to provide and maintain accurate, current, and complete information.
3. Subscriptions, Billing & Refunds
- Subscription Plans. Darwyn is offered via recurring subscriptions (monthly, yearly, etc.).
- Automatic Renewal. Subscriptions auto-renew at the end of each billing cycle unless canceled beforehand.
- Payment Processing. All payments are handled by third-party processors (e.g., Stripe, PayPal). Novaia does not store full payment details.
- Refunds. All fees are non-refundable, except as required by law and if within the trial period Cancellation stops future billing but does not refund past payments.
- Price Changes. We may change pricing or billing terms with reasonable notice via email or on the Site.
4. Service Description & Data Storage
Darwyn offers study tools for students:
| Feature | Data Location |
|---|---|
| AI Chat, Quiz & Flashcards (via your LLM API key) | Stored locally in your browser (IndexedDB), and synced to servers. API keys never leave your device. |
| Calendar & Tasks | Synced to our servers (Laravel 12) over HTTPS; also browser (IndexedDB). |
| Flashcards (post-creation) | Synced to our servers; browser (IndexedDB). |
| Pomodoro Sessions & Study-Mode Blocks | Synced to our servers; browser (IndexedDB). |
5. Analytics & Tracking
We use cookies, web beacons, and similar technologies to collect anonymized usage data and help improve Darwyn and the Site. This includes Google Analytics (GA4), Meta (Facebook) Pixel, and Microsoft Clarity. We do not combine this data with your study content or API keys. See our Privacy Policy for details on opting out.
6. License & Acceptable Use
Novaia grants you a limited, revocable, non-exclusive license to use Darwyn for personal, non-commercial educational purposes. You agree not to:
- Copy, modify, or distribute Darwyn or Site content except as permitted by law.
- Reverse-engineer, decompile, or attempt to derive source code.
- Transmit viruses, malware, or malicious code.
- Use Darwyn for unlawful activities or to infringe third-party rights.
- Bypass or tamper with security features.
We may suspend or terminate your access for violations.
7. Third-Party Services
Darwyn may connect to external services (e.g., OpenAI, Google, YouTube) at your direction. Novaia is not responsible for third-party terms or practices. You use those services at your own risk.
8. Intellectual Property
All intellectual property rights in Darwyn and the Site (code, graphics, trademarks) are owned by Novaia or its licensors. Other trademarks (e.g., Chrome, YouTube, OpenAI) belong to their respective owners.
9. Disclaimers & Limitation of Liability
- No Warranty. Darwyn and the Site are provided “AS IS” and “AS AVAILABLE” without warranties.
- Limitation of Liability. Novaia’s total liability for any claim is capped at the total subscription fees you paid in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages, even if advised of the possibility.
10. Indemnification
You agree to indemnify and hold Novaia harmless from any claims, losses, or expenses (including attorneys’ fees) arising from your breach of these Terms or your misuse of the Service.
11. Termination
You may cancel your subscription and stop using Darwyn at any time. We may suspend or terminate your access for breach of these Terms or if the Service is discontinued. Surviving sections include Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.
12. Governing Law & Dispute Resolution
These Terms are governed by California law, U.S.A., without regard to conflict-of-law rules. You agree to submit to the exclusive jurisdiction of state or federal courts in San Francisco County, California.
13. Changes to These Terms
We may revise these Terms at any time. Material changes will be posted on the Site or emailed to you. Continued use after changes constitutes acceptance.
14. Contact Information
For questions or notices:
Email: legal@novaia.io