Operator: Divai LLC, an Alaska limited liability company (“DIVAI”, “we”, “us”). Contact: legal@divai.ai
These Terms govern your use of the DIVAI platform at app.divai.ai, the public site divai.ai, and any assistant, API or mobile application we provide (together, the “Service”). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.
1. Who may use DIVAI
1.1 You must be at least 18 years old and able to enter a binding contract.
1.2 If you use the Service for a company, you confirm you are authorised to bind that company, and “you” includes it.
1.3 You are responsible for everyone who uses the Service through your account.
2. Your account
2.1 Keep your sign-in credentials confidential. Tell us at security@divai.ai immediately if you suspect unauthorised use.
2.2 You must give accurate account information and keep it current.
2.3 We may suspend or close an account that breaches these Terms (see section 9).
3. What DIVAI does
3.1 DIVAI is an AI-assisted platform. You describe what you need; DIVAI plans, prices and produces outputs such as websites, images and text, and may host previews.
3.2 Price before pay. Before any paid action runs, the Service shows the cost in credits and asks for your approval. Nothing consequential runs without your explicit approval.
3.3 Outputs are generated by automated systems and may contain errors. You are responsible for reviewing outputs before you rely on them, publish them, or use them commercially.
3.4 Features marked “coming soon” are not available and are not promised by any date.
4. Credits, plans and payment
4.1 The Service is paid for with credits. Credits are purchased through subscription plans or one-time top-ups, at the prices shown at checkout, in US dollars unless another currency is shown.
4.2 Plan credits are issued each billing cycle and expire at the end of that cycle. Unused plan credits do not roll over.
4.3 Top-up credits are valid for three (3) calendar months from the date of purchase, after which unused top-up credits expire.
4.4 Granted credits (welcome credits, promotional credits, credits we grant as compensation) have no cash value, cannot be withdrawn or transferred, and may expire as stated when granted. Welcome credits do not expire while your account is active.
4.5 Credits are added to your balance only after the payment is confirmed and settled by our payment processor. Credits are a prepaid balance, not money, and are not a deposit.
4.6 Subscriptions renew automatically at the end of each cycle until cancelled. You can cancel at any time from your account; cancellation takes effect at the end of the current cycle.
4.7 Prices may change. Changes apply from the next cycle, and we will tell you before they apply.
4.8 Payments are processed by Stripe. We do not store your full card details.
5. Refunds
5.1 Failed service. If a paid job fails to complete after our automatic retries and fallback, the credits charged for it are returned to your balance automatically.
5.2 Money refund. A refund of money for a top-up is available only if the top-up credits are entirely unspent and you request it within 14 days of purchase, from the Service or by writing to billing@divai.ai.
5.3 Partially used balances are not refunded in money.
5.4 Subscription fees already charged are not refunded, except where required by law.
5.5 We may make exceptions at our discretion. Nothing in this section limits rights you have under mandatory consumer law.
5.6 Chargebacks. If a payment is reversed by your bank, the corresponding credits are removed from your balance. If they were already spent, your account may be frozen until the matter is resolved.
6. Your content and your outputs
6.1 You own what you give us (your prompts, uploads, business information) and you own the outputs the Service generates for you, to the extent permitted by law and subject to section 7.
6.2 You grant DIVAI a licence to store, process and display your content and outputs only as needed to provide the Service to you (including hosting previews and sites you publish through DIVAI).
6.3 We do not use your content or outputs to train third-party AI models. Our AI providers are used under terms that prohibit training on your data.
6.4 You are responsible for having the rights to anything you upload (logos, photos, text).
6.5 Because outputs are generated by AI, similar outputs may be produced for other users. We do not guarantee exclusivity of any output.
7. Prohibited use and content
You must not use the Service to create, upload, publish or distribute content that is, or that promotes:
- sexual or nude content;
- violence, hate, or terrorism;
- gambling, betting or lotteries;
- alcohol, drugs or tobacco;
- fraud, scams, pyramid or multi-level schemes, or dubious cryptocurrency offerings;
- impersonation of any company, person or government body;
- phishing, malware, or any attempt to compromise systems or accounts;
- content that violates Islamic principles or the laws of the Kingdom of Saudi Arabia or the Hashemite Kingdom of Jordan;
- anything involving minors in a sexual, exploitative or endangering way;
- partisan political campaigning or propaganda.
You must also not: resell the Service without our written consent; attempt to extract our models, prompts or provider details; circumvent credit, rate or safety limits; scrape the Service; or use it in a way that breaks the law where you are.
8. Content moderation
8.1 The Service checks inputs and outputs against section 7 automatically and may refuse a request. Refusals are logged.
8.2 Anyone can report content produced or hosted through DIVAI using the report control or at legal@divai.ai.
8.3 On a clear violation we may remove content, freeze the account and withhold publishing. The founder reviews frozen accounts and decides whether to restore or close them.
8.4 Credits spent on content that is refused for a clear violation of section 7 are not refunded.
9. Suspension and termination
9.1 You may close your account at any time from the Service.
9.2 We may suspend or terminate your account for breach of these Terms, for non-payment, for a chargeback, where required by law, or to protect the Service or other users.
9.3 On closure: your content and outputs remain available for download for 30 days, after which they are permanently deleted (section 11). Unused credits are forfeited unless a refund is due under section 5. Financial records are retained as described in the Privacy Policy.
9.4 Domains registered through DIVAI remain yours; you have 30 days after closure to transfer them out.
10. Hosting, domains and publishing
10.1 Previews are temporary and may be removed when they expire.
10.2 Publishing requires a domain you own or that we register in your name as an intermediary. You are the registrant of record. Registrar terms apply in addition to these Terms.
10.3 We may take down a published site that breaches section 7 or receives a valid legal complaint.
11. Data and privacy
Our Privacy Policy (divai.ai/privacy) explains what we collect and how long we keep it. In short: financial records 12 years; your content while your account is active and 30 days after deletion; technical logs 90 days.
12. Availability and support
12.1 We aim for the Service to be available at all times but do not guarantee uninterrupted service. Planned maintenance will be announced where practical.
12.2 Support is by email at support@divai.ai.
13. Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. AI outputs may be inaccurate; we do not warrant that outputs are correct, complete, original, or suitable for any purpose. We do not give legal, financial, medical or professional advice.
14. Limitation of liability
To the fullest extent permitted by law: (a) DIVAI is not liable for indirect, incidental, special, consequential or punitive damages, or lost profits, revenue, data or goodwill; (b) DIVAI’s total liability for all claims in any 12-month period is limited to the amount you paid us in that period. Nothing excludes liability that cannot be excluded by law.
15. Indemnity
You will defend and indemnify DIVAI against claims arising from your content, your outputs as you use them, your breach of these Terms, or your violation of law or third-party rights.
16. Changes to the Service or these Terms
We may change the Service and these Terms. For material changes we will notify you (by email or in the Service) at least 14 days before they take effect. Continued use after that date is acceptance.
17. Governing law and disputes
These Terms are governed by the laws of the State of Alaska, USA, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Alaska, and you consent to their jurisdiction, except that either party may seek injunctive relief anywhere. If you are a consumer in a jurisdiction whose mandatory law gives you additional rights or a different forum, those rights are not affected.
18. General
Entire agreement; severability; no waiver; we may assign these Terms to a successor; you may not assign without our consent. Notices to us: legal@divai.ai. Notices to you: your account email. If the Arabic and English versions differ, the English version prevails.
Short summary (not a substitute for the Terms): 18+. Credits are prepaid; plan credits expire each cycle, top-ups after 3 months. You see the price before anything runs. Failed jobs refund credits automatically; money refunds only for fully unused top-ups within 14 days. You own your outputs; we never train third-party models on your data. No prohibited content (section 7). Your data is deleted 30 days after you close your account.