Terms of Service
These terms are the agreement between you and us for using Darko. Please read §7 in particular — it explains that Darko never handles money, and what that means for you.
Our Privacy Policy explains what we do with your personal data and forms part of this agreement.
1. Who we are
Darko is provided by Leo Kolar and Marko Žužić, jointly. You can reach us at [email protected].
When Darko is incorporated as a company, that company will take our place as your counterparty under these terms. We will tell you before that happens.
2. What Darko is
Darko is a gifting app. You keep wishlists, share them with people you choose, and those people can quietly reserve items they intend to give you — so the gift stays a surprise.
Darko is a coordination tool, not a shop and not a payment service. We do not sell the items on your wishlists, we are not party to any purchase you make from a merchant, and we never take, hold or transfer money between users.
3. Who may use Darko
You must be at least 13 years old. If you are under the age of digital consent in your country (between 13 and 16 across the EU), you may use the core service, but the optional features that rely on your consent need your parent's or guardian's authorisation — see Privacy Policy §5.
You must give a truthful display name and keep your account credentials to yourself. You are responsible for what happens under your account.
4. Your content
Everything you put into Darko — wishlists, wishes, notes, images, messages — remains yours. We claim no ownership of it.
To run the service we need a limited permission from you: you grant us a non-exclusive, royalty-free licence to store, copy, adapt and display your content solely in order to operate Darko for you and the people you share it with. That licence exists only for running the service, covers nothing else, and ends when you delete the content or your account — subject to the retention periods in Privacy Policy §9.
You confirm that you have the right to upload what you upload, and that it does not infringe anyone else's rights.
5. Rules of use
Do not use Darko to:
- break the law, or infringe anyone's rights;
- harass, threaten, impersonate or abuse another person;
- upload malware, or content that is unlawful, hateful or sexually explicit;
- collect other users' data, scrape the service, or circumvent our rate limits, security controls or access rules;
- resell or commercially exploit the service, or use it to send unsolicited advertising;
- add another person's personal data where you have no proper basis for doing so — including in a family member profile.
We may suspend or terminate an account that breaks these rules — see §11.
6. AI-assisted wish creation
You can create a wish from a product link or a photo, and we use an AI provider to extract the product details. The result is always a draft you review and confirm. Extraction can be inaccurate, incomplete or unavailable, and prices in particular go stale.
Check the merchant's own page before buying. We do not warrant that any extracted title, image or price is correct or current. AI processing of photos requires your consent, and manual entry is always available.
7. Gifts, group gifts and money
No money passes through Darko. We do not process payments, hold funds, act as an escrow or payment service, or verify that anyone has paid anything.
Group gifting in Darko is an honour system:
- The organiser may post a payment note — typically an IBAN or a payment QR code — and members send money directly to them, outside Darko, by whatever means they agree.
- "Marked as paid" in the app means only that someone pressed a button. It is not proof of payment, and we cannot verify, guarantee, reverse or recover any transfer.
- A wish or group gift can be deleted or cancelled at any time, including after members have sent money. The app warns before this happens and notifies members, but that warning is the only safeguard available to us — we cannot claw anything back.
Accordingly, we are not liable for money you send another user, for a gift that does not arrive, for a reservation someone does not honour, or for any dispute between users about contributions. Those are matters between the people involved. Send money only to people you actually trust, and treat a payment note as information supplied by another user, not as something we have checked.
You also deal directly with merchants when you buy an item. We are not a party to that purchase and have no responsibility for the goods, delivery or the merchant's terms.
8. Advertising
Darko is funded partly by advertising. Ads are never personalised — we do not profile you for advertising, do not use your device's advertising identifier, and do not track you across other apps or websites. See Privacy Policy §6.
9. Subscriptions and payment
Darko has a free tier and a paid Premium tier. The free tier includes a limited number of private wishlists and a capped allowance for AI-assisted wish creation; Premium removes those limits and unlocks additional features. Current limits and prices are shown in the app before you buy.
All payments are handled by the Apple App Store or Google Play, under their terms and using their payment methods. We never receive your card details.
- Renewal. Subscriptions renew automatically until you cancel.
- Cancelling. Cancel through your Apple or Google account settings; cancellation takes effect at the end of the paid period, and you keep Premium until then.
- Refunds and your right of withdrawal. As an EU consumer you have a statutory right to withdraw from a distance contract within 14 days. Because purchases are made through the app stores, refund and withdrawal requests are handled by Apple or Google under their published procedures — contact them first. If they direct you back to us, write to [email protected] and we will help. Note that where you ask for immediate access to a digital service and acknowledge it, the withdrawal right may end once the service has been fully provided.
- Price and feature changes. We may change prices or what a tier includes. You will be told in advance under §13, and changes never apply retroactively to a period you have already paid for.
10. Availability and warranties
We work to keep Darko running, but we provide it as it is. We do not promise that it will be uninterrupted, error-free, or that data you enter will never be lost, and we may change, suspend or discontinue features.
Nothing here removes the rights you have as a consumer under mandatory law, including the legal guarantee of conformity for digital services.
11. Suspension and ending the agreement
You can stop at any time by deleting your account in Settings → Privacy. Deletion is described in Privacy Policy §10.2, including the 30-day grace period and the obligations you must resolve first — handing over or cancelling a group gift you administer, and handing over or deleting a family member profile you solely administer.
We may suspend or terminate your access if you seriously or repeatedly breach these terms, if required by law, or if your use puts the service or other users at risk. Except where the breach is severe or we are legally prevented, we will warn you first and give you a chance to put it right. If we terminate without cause, you may claim a pro-rata refund of any subscription period already paid for.
12. Liability
We are liable to you for damage we cause by intent or gross negligence, for death or personal injury, and for anything else that mandatory law does not permit us to exclude. Nothing in these terms limits that.
Otherwise, and to the extent the law allows:
- we are not liable for money sent between users, for gifts not received, or for disputes between users (§7);
- we are not liable for the acts, content or goods of merchants, other users, or third-party services;
- we are not liable for indirect or consequential loss, or for lost profit or lost data beyond what was reasonably foreseeable when you started using Darko;
- where we are liable for a paid service, our liability is limited to what you paid us in the 12 months before the event — but this cap does not apply to the first paragraph of this section.
If you use Darko as a business rather than as a consumer, the consumer-protection carve-outs above do not apply to you.
13. Changes to these terms
We may change these terms as Darko changes. Every version carries a version number and a date.
For changes that materially affect your rights or obligations, we will give you reasonable notice in advance — in the app or by email — and tell you when they take effect. If you do not accept them, you may end the agreement by deleting your account before that date. Minor corrections that do not change your rights take effect on publication.
14. Applicable law and disputes
These terms are governed by Croatian law. If you are a consumer, this does not deprive you of the protection of mandatory rules in your own country of residence, and you may bring proceedings in the courts there.
If something goes wrong, please contact [email protected] first — most things are fastest to fix directly. If we cannot resolve it, a consumer may refer the dispute to the competent consumer dispute-resolution body in their country. Otherwise, the courts of Croatia have jurisdiction.
15. Contact
[email protected] — for anything about these terms or the service.
[email protected] — for personal data, as set out in the Privacy Policy.