Terms of Use
Effective date: 4/21/2026
1. Introduction
These Terms of Use (“Terms”) govern your access to and use of the website, software, and services provided by Darka Software (hereinafter “we”, “us”, or “our”).
Our registered office is at ul. Księcia Witolda 49/15, 50-202 Wrocław, registered no.: 7492112747.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.
2. Description of Services
We provide software tools and plugins that integrate with Crisp chat services (the “Services”). These tools may process data related to:
- Crisp operators (e.g., support agents);
- End users or customers interacting via chat;
- Messages and metadata exchanged through Crisp.
Our Services enhance, extend, or automate functionality within the Crisp platform.
3. Relationship with Crisp
Our Services depend on and integrate with Crisp.
By using our Services, you also agree to comply with Crisp’s applicable terms and policies. We are not responsible for the operation, availability, or security of Crisp’s services.
4. Eligibility
You must be at least 18 years old and legally capable of entering into binding agreements to use our Services.
By using the Services, you represent and warrant that you meet these requirements.
5. Account and Access
To use our Services, you may need to:
- Have an active Crisp account;
- Authorize access to your Crisp workspace;
- Provide accurate and complete information.
You are responsible for maintaining the security of your account and credentials and for all activities occurring under your account.
6. Acceptable Use
You agree not to use the Services:
- In violation of any applicable laws or regulations;
- To process unlawful, harmful, or abusive content;
- To infringe the rights of others, including privacy and data protection rights;
- To attempt to reverse engineer, disrupt, or compromise the Services;
- To misuse data obtained through Crisp integrations.
We reserve the right to suspend or terminate access for violations.
7. Data Processing and Roles
When using our Services:
- You act as the data controller for personal data processed through Crisp and our plugins;
- We act as a data processor on your behalf;
- We process data solely to provide and improve the Services.
You are responsible for ensuring that you have a valid legal basis for processing personal data.
Please refer to our Privacy Policy for more details.
8. Third-Party Services
Our Services integrate with third-party platforms, including Crisp.
We are not responsible for:
- Third-party service availability or downtime;
- Their data handling practices;
- Any damages caused by third-party services.
Your use of third-party services is at your own risk.
9. Intellectual Property
All rights, title, and interest in and to the Services, including software, design, and content, remain our exclusive property or that of our licensors.
You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.
You may not:
- Copy, modify, or distribute our software;
- Reverse engineer or attempt to extract source code;
- Use our Services to build competing products.
10. Service Availability
We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation.
We may:
- Modify or discontinue features at any time;
- Perform maintenance that temporarily affects availability.
11. Limitation of Liability
To the fullest extent permitted by law:
- The Services are provided “as is” and “as available”;
- We disclaim all warranties, express or implied;
- We are not liable for indirect, incidental, or consequential damages;
- Our total liability is limited to the amount paid (if any) for the Services.
This includes, but is not limited to, data loss, service interruptions, or third-party failures.
12. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
- Your use of the Services;
- Your violation of these Terms;
- Your unlawful processing of personal data.
13. Billing and Subscription
13.1 Subscription Models
Our Services may be offered either:
- Through subscription plans managed by Crisp(“Crisp-managed subscriptions”); or
- Directly by us (“Darka-managed subscriptions”).
The applicable billing model depends on the specific plugin or Service you are using.
13.2 Crisp-Managed Subscriptions
For Services purchased via Crisp:
- Billing, invoicing, and payment processing are handled by Crisp;
- Your subscription is subject to Crisp’s terms, billing policies, and refund rules;
- Any billing-related inquiries, including cancellations and refunds, should be directed to Crisp.
We are not responsible for billing disputes, payment processing, or refunds handled by Crisp.
13.3 Darka-Managed Subscriptions
For Services purchased directly from us:
- You agree to pay all applicable fees in accordance with the pricing provided at the time of purchase;
- Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually);
- You authorize us (or our payment providers) to charge your payment method automatically.
13.4 Payment Processing
For Darka-managed subscriptions, payments may be processed through third-party payment providers.
By providing payment details, you agree to the terms of those providers. We do not store full payment card information unless explicitly stated.
13.5 Free Trials and Promotions
We may offer free trials or promotional access.
Unless you cancel before the trial ends:
- Darka-managed subscriptions will automatically convert into paid subscriptions;
- Crisp-managed subscriptions will follow Crisp’s billing terms.
13.6 Cancellation
- Crisp-managed subscriptions: must be canceled through Crisp;
- Darka-managed subscriptions: may be canceled via your account or by contacting **support@darka.io**.
Unless otherwise stated, cancellations take effect at the end of the current billing period.
13.7 Refunds
- Crisp-managed subscriptions: refunds are governed by Crisp’s policies;
- Darka-managed subscriptions: fees are non-refundable unless required by applicable law.
13.8 Suspension for Non-Payment
We reserve the right to suspend or terminate access to the Services if:
- Payment is overdue;
- A payment attempt fails;
- Required by our payment providers or applicable law.
13.9 Taxes
All fees are exclusive of applicable taxes unless stated otherwise.
You are responsible for any taxes, duties, or charges imposed by applicable authorities, including VAT where applicable.
14. AI Processing
14.1 Use of AI Technologies
Our Services may use artificial intelligence, machine learning, or automated processing technologies (“AI Processing”) to analyze, process, and enhance data handled through the Services.
This may include, for example:
- Analyzing chat conversations;
- Generating automated responses or suggestions;
- Classifying, tagging, or summarizing messages;
- Improving workflows and automation within integrations.
14.2 Role and Responsibility
You acknowledge and agree that:
- You are responsible for determining whether AI Processing is appropriate for your use case;
- You are responsible for ensuring a valid legal basis for processing personal data using AI;
- You must inform your end users (e.g., customers) where required by applicable law that AI Processing is being used.
14.3 Data Processing and Third-Party AI Providers
AI Processing may be performed:
- By our own systems; or
- Through third-party AI service providers.
Where third-party providers are used:
- Data may be transmitted to those providers for processing;
- We take reasonable steps to ensure such providers implement appropriate security and data protection measures;
- Such processing remains subject to our Privacy Policy.
14.4 No Guarantee of Accuracy
AI-generated outputs may be incomplete, inaccurate, or inappropriate.
You acknowledge that:
- AI outputs are provided for informational or assistive purposes only;
- You are solely responsible for reviewing and verifying outputs before relying on them;
- We do not guarantee the accuracy, reliability, or suitability of AI-generated content.
14.5 Prohibited Use
You agree not to use AI Processing:
- For unlawful, discriminatory, or harmful purposes;
- To make solely automated decisions with legal or similarly significant effects without appropriate safeguards, where prohibited by law;
- In violation of applicable data protection or AI-related regulations.
14.6 Model Training
Unless explicitly stated otherwise, we do not use your data or your end users’ data to train general-purpose AI models.
If this changes, we will update these Terms and/or our Privacy Policy accordingly.
14.7 Opt-Out and Control
Where applicable, you may have the ability to disable or limit AI Processing features within the Services.
You are responsible for configuring the Services in accordance with your compliance obligations.
15. Third-Party Integrations and Data Responsibility
15.1 Integrations with Third-Party Services
Some of our Services act as connectors or integrations with third-party software and services selected and used by you (the “Third-Party Services”).
These may include, for example:
- Customer support tools such as :
- CRM systems;
- Automation platforms;
- Analytics or other business tools.
15.2 User Responsibility for Integrations
By enabling or using integrations, you:
- Authorize us to transmit data (including personal data) to the selected Third-Party Services;
- Acknowledge that such data may include customer communications, metadata, or other content processed through the Services;
- Are solely responsible for configuring integrations and determining what data is shared.
15.3 No Responsibility for Third-Party Processing
Once data is transmitted to a Third-Party Service:
- We do not control how that data is stored, processed, or used;
- We are not responsible for the privacy, security, or handling of such data by the Third-Party Service;
- Your relationship with the Third-Party Service is governed solely by their terms and policies.
15.4 Data Accuracy and Transmission
We are not responsible for:
- Data loss, alteration, or delays occurring during transmission to Third-Party Services;
- Errors caused by incorrect configuration of integrations;
- Any actions taken by Third-Party Services based on transmitted data.
15.5 Compliance Obligations
You are responsible for ensuring that:
- You have a valid legal basis to share data with Third-Party Services;
- You inform your end users where required by law;
- Your use of integrations complies with applicable data protection laws.
16. Changes to These Terms
We may update these Terms from time to time.
We will notify users of material changes by posting updates on our website.
Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
17. Contact
If you have any questions regarding these Terms, please contact us at: