1. Acceptance of Claiming Agreement
By accessing or using DARWN's claiming features, including claiming positions, unclaiming positions, or receiving payout distributions, you agree to be bound by this Claiming Agreement in addition to our general Terms of Service and Platform Disclaimer, which are incorporated herein by reference.
Your electronic acceptance of this Agreement signifies that you have read, understand, and agree to be bound by all terms and conditions set forth herein.
2. Definitions
For purposes of this Agreement, the following terms shall have the meanings set forth below:
- "Claim" — The act of acquiring fractional payout rights in a healthcare professional on the DARWN platform at no cost.
- "Unclaim" — The act of releasing your fractional payout rights in a professional, forfeiting all future payouts associated with that position.
- "Claimer" — A user who holds an active claim on a professional and is entitled to fractional payout distributions.
- "Payout Pool" — The total number of active claimers for a given professional at the time of a placement fee event.
- "Fractional Payout Rights" — Your proportional share of future placement fees, calculated based on claim timing and early claimer bonuses.
- "Early Claimer Bonus" — Priority allocation weight granted to users who claimed earlier, resulting in larger fractional payouts.
- "FMV" (Fair Market Value) — The estimated value of a position's future payout potential as calculated by DARWN's proprietary valuation algorithm, based on factors including salary data, industry tenure norms, career trajectory, and claim timing.
- "Wallet" — The user's DARWN account balance used to receive payout distributions.
- "Placement Fee Event" — When a professional is hired through the platform, triggering a payout distribution to all active claimers.
3. Membership & Eligibility
To participate in claiming on DARWN, you must:
- Be at least 18 years of age
- Be a legal resident of the United States
- Have accepted the DARWN Terms of Service
- Have accepted the Platform Disclaimer
- Have a verified DARWN account in good standing (Worker, Recruiter, Student, or Hospital account)
- Maintain accurate and current account information
DARWN reserves the right to suspend or terminate claiming privileges for any user who fails to meet these requirements or violates any provision of this Agreement.
4. Claiming and Unclaiming
4.1 Making a Claim
Verified users may claim any professional on the platform at no cost. Claiming grants you fractional payout rights based on the total number of active claimers and your position in the claim timeline. There is no limit to the number of users who may claim the same professional. Earlier claimers receive priority bonus allocations when placement fees are distributed.
4.2 Unclaiming a Position
You may unclaim a professional at any time, immediately forfeiting all future payout rights associated with that position. Unclaiming is permanent and cannot be reversed. Any payouts distributed before you unclaimed will remain in your Wallet. Unclaiming reduces the total payout pool, increasing the fractional allocation for remaining claimers.
4.3 Multiple Claims
Users may hold active claims on multiple professionals simultaneously. There is no restriction on the number of concurrent claims you may maintain. However, each claim dilutes the payout pool for that professional, reducing the fractional allocation for all claimers.
5. Payout Distribution Rules
When a placement fee event occurs (a professional is hired through the platform), DARWN distributes payouts to all active claimers according to the fractional allocation model.
- Payouts are calculated based on the total number of active claimers at the time of the placement fee event
- Earlier claimers receive priority bonus allocations, resulting in larger payouts
- The exact allocation formula is proprietary and may be adjusted by DARWN at any time
- Payouts are distributed automatically to your Wallet within 48 hours of the placement fee event
- You will receive email notification of all payout distributions
- Payout amounts may vary significantly based on the number of claimers and your claim timing
- There is no guaranteed minimum payout amount
DARWN retains a percentage of all placement fees before distribution to claimers. The exact percentage is subject to change and will be disclosed in the Fee Schedule.
6. Fair Market Value Estimates
DARWN calculates an estimated Fair Market Value (FMV) for each position using a proprietary algorithm that considers factors including but not limited to:
- Professional's current salary and compensation data
- Industry tenure norms and job change probability
- Performance metrics and professional ratings
- Historical placement fee data for similar professionals
- Total number of active claimers and claim timing distribution
- Expected payout frequency and timing
FMV is an estimate only. DARWN does not guarantee the accuracy of any FMV calculation or that future payouts will match the estimated value. Actual payout amounts may differ significantly from the displayed FMV. Users are solely responsible for their own due diligence and claiming decisions. FMV should not be relied upon as financial advice.
7. Fees
Claiming and unclaiming positions on DARWN is completely free. For the complete fee schedule, see our Fee Schedule.
- Claiming: No cost to claim any professional
- Unclaiming: No cost to release your fractional payout rights
- Payout Distribution: No fees deducted from individual payouts
- Wallet Deposits: No fee for standard deposits
- Wallet Withdrawals: Standard payment processing fees may apply
DARWN reserves the right to modify fees with 30 days' advance notice. Continued use of the platform after fee changes constitutes acceptance of the new fee schedule.
8. Payout Terms
All payout distributions on DARWN are credited to your Wallet automatically when a placement fee event occurs.
- Payouts are distributed within 48 hours of a placement fee event
- Payout amounts are calculated based on the fractional allocation model and your claim timing
- All payout distributions are final — no adjustments, corrections, or disputes are permitted after distribution
- You will receive email notification of all payout distributions
- Payout history is available in your account dashboard
9. Claim Permanence and Transferability
Claims on DARWN are tied to your account and cannot be transferred to other users.
- You may unclaim a position at any time, forfeiting all future payout rights
- Claims cannot be sold, gifted, or transferred to another DARWN user
- Claims cannot be pledged as collateral or used outside the DARWN platform
- You retain fractional payout rights for as long as your claim remains active
- If your account is suspended or terminated, your active claims may be forfeited
10. Claimer Obligations
By claiming a position on DARWN, you represent and warrant that:
- You are claiming in good faith with the intent to receive future payouts
- You will not engage in claim manipulation or fraudulent claiming activity
- You understand that claiming dilutes the payout pool for all other claimers
- You will not create multiple accounts to circumvent claim limits or manipulate payout allocations
- You will not collude with other users to manipulate claim timing or payout distributions
11. Acknowledgment of Risks
By claiming a position on DARWN, you acknowledge and agree that:
- You are solely responsible for conducting your own due diligence on any position
- DARWN does not guarantee any future payouts, payout amounts, or payout timing
- Fractional allocations may decrease as more users claim the same professional
- Payout events depend on external factors (employer hiring decisions) beyond DARWN's control
- Past payout history is not indicative of future results
- You may receive zero payouts if the professional is never hired through the platform
12. Prohibited Claiming Activities
The following activities are strictly prohibited on DARWN:
- Payout Manipulation: Any activity designed to artificially influence payout allocations or claim timing
- Multiple Accounts: Creating or using multiple accounts to gain unfair payout advantages or circumvent claim limits
- Claim Coordination: Coordinating with other users to manipulate claim timing or payout distributions
- Fraudulent Claiming: Claiming positions with no intent to participate in good faith
- Automated Claiming: Using bots, scripts, or automated tools to claim positions
- Account Sharing: Sharing your account credentials with others to claim on your behalf
- Information Abuse: Claiming based on material non-public information about professionals or employers
Violations of this section may result in immediate suspension of claiming privileges, forfeiture of all active claims, and/or permanent ban from the platform.
13. Payout Calculation and Distribution
When a placement fee event occurs, payouts are calculated and distributed as follows:
- DARWN identifies all active claimers for the professional at the time of the event
- The placement fee is allocated among claimers using the fractional allocation algorithm
- Earlier claimers receive priority bonus weights in the allocation
- Individual payout amounts are calculated based on each claimer's weighted share
- Payouts are credited to each claimer's Wallet within 48 hours
- Email notifications are sent to all recipients
All payout distributions are final. DARWN does not offer adjustments, corrections, or recalculations of distributed payouts except in cases of clear technical error. Disputes regarding payout calculations must be submitted within 7 days of distribution.
14. Dispute Resolution
In the event of a dispute arising from claiming activity or payout distributions on DARWN:
- You must submit a written dispute to disputes@darwn.com within 7 days of the event
- Your dispute must include your account details, claim reference, payout reference (if applicable), and a description of the issue
- DARWN will review the dispute and respond within 14 business days
- If the dispute cannot be resolved informally, it shall be resolved through binding arbitration as described in our Dispute Resolution Policy
15. Limitation of Liability
THE DARWN PLATFORM AND ALL CLAIMING SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARWN'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL PAYOUTS YOU HAVE RECEIVED FROM DARWN IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
DARWN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF EXPECTED PAYOUTS, LOSS OF DATA, OR OPPORTUNITY COSTS, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR ANY CLAIMING ACTIVITY.
16. Termination
DARWN may suspend or terminate your claiming privileges at any time, with or without cause, upon notice to you. Grounds for termination include but are not limited to:
- Violation of this Agreement or any DARWN policy
- Engaging in prohibited claiming activities
- Failure to maintain account in good standing
- Fraudulent or illegal activity
Upon termination, all active claims may be forfeited at DARWN's sole discretion. Any payouts distributed before termination will remain in your Wallet. You may request withdrawal of your Wallet balance in accordance with our standard withdrawal procedures, subject to any pending investigations or disputes.
17. Contact
For questions about this Claiming Agreement or claiming-related inquiries: