Definitions
- “Billing cycle” means the recurring paid period of a subscription, measured from a successful payment to the next scheduled renewal.
- “Monthly subscription credits” means the credit allocation included with a paid subscription for one billing cycle.
- “Paid top-up credits” means credits purchased separately from a subscription.
- “Starter credits” and “promotional credits” mean credits granted free of charge, for example at signup or under a promotion.
- “Credits” means any of the above. Credits are a consumption mechanism for the Service only. Credits are not cash, have no monetary value, are non-transferable, may not be sold or exchanged, and are not interest, securities, gift cards, or stored value. ** Draft item pending confirmation before activation.**
Part 1 — Subscription and Auto-Renewal Disclosure
1.1. Subscription structure. Paid access to the Service is provided through subscriptions. Each subscription includes an allocation of monthly subscription credits per billing cycle. Plan details and prices are presented at the point of purchase.
1.2. Automatic renewal. Subscriptions renew automatically at the end of each billing cycle at the then-current price, unless you cancel before the renewal date.
1.3. Pre-charge disclosure. Before the first recurring charge, DIVAI will clearly disclose:
- that the subscription renews automatically;
- the billing cycle length and the renewal price;
- how to cancel;
- the credit validity and expiration rules in Part 4 and Part 5 of this document;
- the refund policy in Part 3;
- that taxes are charged separately where applicable.
1.4. Informed consent. DIVAI will obtain your informed, affirmative consent to the recurring charge before the first charge. A record of consent will be retained.
1.5. Renewal receipts and reminders. DIVAI will provide a receipt or confirmation after each charge. ** Draft item pending confirmation before activation.**
1.6. Pricing currency. Master and reference pricing is stated in US dollars. Where lawful regional or local currency presentment is offered, the local price is displayed before purchase. Taxes are separate and are added where applicable.
1.7. Price changes. DIVAI may change subscription prices with reasonable advance notice before the change applies to your next renewal. ** Draft item pending confirmation before activation.**
Part 2 — Cancellation Policy
2.1. Cancel anytime. You may cancel your subscription at any time through your account settings or by contacting billing@divai.ai.
2.2. Effect of cancellation. Cancellation stops future renewals. No further renewal charge occurs after cancellation.
2.3. Access through the paid period. Your access continues through the end of the already-paid billing cycle. Your monthly subscription credits remain valid until the end of that cycle under the rules in Part 5.
2.4. No partial-cycle refunds. Cancellation does not produce a refund for the current billing cycle, except where Part 3 provides otherwise or where mandatory local law requires it.
2.5. Data after cancellation. Retention and deletion of your Customer IP and Project Brain content after cancellation follow the Privacy Policy. Your account and data are not deleted merely because a subscription ends.
Part 3 — Refund and Credit Policy
3.1. Duplicate billing. If you are charged twice for the same subscription or purchase in error, DIVAI will correct the error and refund the duplicate charge.
3.2. Unauthorized transactions. If you report an unauthorized transaction, DIVAI will investigate under applicable law and payment-network rules. Chargebacks are reviewed under fraud-review procedures and payment-network rules.
3.3. Technical billing errors. If a technical error causes an incorrect charge, DIVAI will correct the error and refund the incorrect amount.
3.4. Material DIVAI-caused execution failure. If a failure caused by DIVAI materially prevents delivery of a paid execution, DIVAI will restore the affected credits or provide a refund as appropriate. Failed jobs restore credits first.
3.5. Consumed credits. Consumed credits are generally non-refundable, except where required by law or where the consumption resulted from a DIVAI error.
3.6. Starter and promotional credits. Starter credits and promotional credits have no cash value and are non-refundable. Starter credits are granted in a small, capped amount at signup and are subject to anti-abuse controls.
3.7. Paid top-up refunds. Paid top-up credits are refundable within 14 days of purchase only if 100% of the purchased top-up balance is unused. This baseline applies subject to mandatory local rights, which may provide broader refund rights. See the Mandatory Local Rights section below.
3.8. Refund method and currency. Refunds are processed through the original transaction, payment currency, and payment path where supported. DIVAI does not apply any hidden exchange-rate deduction. However, your bank, card issuer, or payment processor may apply exchange-rate movements or fees between the original charge and the refund. Any such difference in the final credited amount is a third-party effect. It is not a DIVAI fee. Mandatory refund law controls where it provides greater protection.
3.9. Margin policy. DIVAI’s pricing is designed to comply with DIVAI’s margin policies. ** Draft item pending confirmation before activation.**
Part 4 — Paid Top-Up Credit Policy
4.1. Separate balance. Paid top-up credits are held in a balance separate from monthly subscription credits.
4.2. Validity. Paid top-up credits have a standard commercial validity of exactly 3 months from the date of purchase.
4.3. No extension. DIVAI does not offer commercial extensions of top-up credit validity.
4.4. Mandatory-law override. Where mandatory local law requires a longer validity period or prohibits expiration, mandatory law controls for that customer.
4.5. Consumption order. The Service consumes monthly subscription credits first. Paid top-up credits are consumed second, only after the current cycle’s monthly subscription credits are exhausted.
4.6. Refunds for top-ups. Refund rules for paid top-up credits are stated in Section 3.7.
Part 5 — Failed-Payment / Recovery-Offer Policy
5.1. Monthly subscription credit validity. Monthly subscription credits are valid only within the current paid billing cycle. They expire at the end of the cycle. There is no rollover of unused monthly subscription credits into a later cycle.
5.2. No allocation on failure. A new monthly credit allocation is issued only after a successful renewal payment. A failed payment never creates a new allocation.
5.3. Recovery offer. If a renewal payment fails, DIVAI will make a one-time renewal-recovery offer of a 3% discount. The discount is exactly 3%. It is never more than 3% automatically. The offer is valid for 24 hours after the failed renewal. It applies only if you successfully complete payment within that 24-hour window. The offer is available one time per customer account lifetime. The offer and all pricing remain subject to DIVAI’s margin policies.
5.4. After the 24-hour window. If payment is not completed within 24 hours, the recovery offer expires. No new monthly credits are issued until payment succeeds. Your account may remain limited or read-only.
5.5. Cure period. You may cure a failed payment for up to 30 days after the failed renewal. During the cure period, no free AI execution is provided. Access may remain limited or read-only.
5.6. Later suspension. If payment is not cured, DIVAI may apply stronger suspension measures after the cure period.
5.7. No deletion for payment failure. DIVAI does not delete your account, Customer IP, or Project Brain content merely because a payment failed. Retention and deletion follow the Privacy Policy.
Mandatory Local Rights
M.1. Non-waivable rights. Nothing in this document limits any mandatory, non-waivable right you have under the consumer-protection law of your place of residence. Where mandatory local law conflicts with a term in this document, mandatory local law controls for that customer, and the rest of the document continues to apply.
M.2. Cooling-off and withdrawal rights. Some jurisdictions provide a cooling-off or withdrawal period for distance contracts, with special rules for digital content and digital services (including rules under which the withdrawal right is lost when digital service performance begins with the consumer’s consent and acknowledgment). The application of these rules depends on your jurisdiction. ** Draft item pending confirmation before activation.**
M.3. Expiration rules. Where mandatory local law requires longer validity or prohibits expiration of paid balances, mandatory law controls over Parts 4 and 5 for that customer.
M.4. Refund rights. Where mandatory local law provides refund rights broader than Part 3, mandatory law controls for that customer.