Creator Agreement

1. Eligibility

The Creator Program is not open to everyone. To qualify, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher)
• Hold an active Dyva account on the Creator plan ($50/month) or above
• Provide accurate, complete tax information for payment processing -- we cannot pay you without it
• Comply with all applicable laws, including your local tax obligations
• Agree to this Agreement, the Terms of Service, and the Acceptable Use Policy

If you downgrade below the Creator plan, your Marketplace listings are paused until you re-subscribe. Your content and earned revenue are preserved -- you do not lose what you built.

2. Creator Content

2.1 What You Can Publish. As a Creator, you can publish AI characters ("Dyvas") to the Marketplace -- complete with custom personalities, system prompts, knowledge bases, scenes, voice configurations, avatar art, and any other creative assets you build. You can also publish scenes (interactive stories), comics, and other content types we make available.

2.2 Ownership. Your stuff is your stuff. You own your original content: Dyva configurations, system prompts, personality designs, knowledge base materials, artwork, and creative assets (collectively, "Creator Content"). Nothing in this Agreement transfers ownership of your Creator Content to Dyva. Period.

2.3 License to Dyva. By publishing to the Marketplace, you grant Dyva a worldwide, non-exclusive, royalty-free (subject to the revenue share below), sublicensable license to: (a) host, store, cache, and display your Creator Content; (b) let users interact with your published Dyvas and content; (c) use your character's name, tagline, avatar, and description for promotion and discovery; and (d) create technical representations needed for service operation (embeddings, vector indexes, analytics). This license lasts as long as your content is published on Dyva.

2.4 AI-Generated Output. When users interact with your Dyvas, the AI generates responses based on your configurations. You do not own the individual AI-generated outputs -- those are generated in real time for each user session. You own the creative framework (your prompts, personality, knowledge base) that shapes those outputs.

2.5 Your Guarantees. You confirm that: (a) you have the right to publish this content and grant these licenses; (b) your Creator Content does not infringe anyone's intellectual property, privacy, or other rights; (c) it complies with the Acceptable Use Policy; and (d) you have all necessary permissions for any third-party materials you include (fonts, images, voice samples, reference data). If you use someone else's work, you need their permission. No exceptions.

3. Revenue Share

3.1 The Split: 70/30. You earn 70% of Net Revenue generated by your published Creator Content. Dyva keeps 30%. This is a straightforward split -- no hidden fees, no surprise deductions beyond what's listed here.

3.2 What Counts as Revenue. Revenue is generated when users spend credits interacting with your Dyvas. This includes:

• Message credits -- text conversations with your characters
• Voice minutes -- voice calls and audio interactions
• Subscriptions -- if users subscribe directly to your content
• Tips -- voluntary payments from users who appreciate your work
• Premium content -- scenes, comics, or gated content users pay to access

3.3 Net Revenue. "Net Revenue" means gross revenue minus: (a) payment processing fees (typically 2.9% + $0.30 per transaction via Stripe); (b) applicable taxes and legally required withholdings; and (c) refunds or chargebacks directly related to your content.

3.4 Attribution. Revenue is attributed per-message and per-minute based on the user's subscription tier and credit balance. The Creator Studio dashboard shows exactly how this breaks down.

3.5 Reporting. You get real-time earnings, usage analytics, and revenue breakdowns in the Creator Studio dashboard. We also send monthly earnings statements detailing totals, deductions, and net payable amounts. Full transparency -- you should always know what you earned and why.

4. Payouts

4.1 Minimum Threshold. Payouts are available once your balance reaches $25.00. Balances below that roll over to the next payout period. We set this threshold to keep transaction costs reasonable for everyone.

4.2 Payout Schedule. Monthly. Payouts are initiated within 10 business days after each calendar month ends. New Creator accounts may have their first payout held for up to 30 days while we verify your identity and run standard fraud checks.

4.3 Payment Method. All payments are processed through Stripe Connect. You will need to set up and maintain a Stripe Connect account with accurate banking and identity details. If a payment fails because your information is wrong or outdated, that is on you -- we will retry, but we are not responsible for delays caused by incorrect details.

4.4 Alternative Methods. We may offer additional payment methods in the future (PayPal, wire transfer, crypto). We will notify Creators when new options become available.

4.5 Taxes. You are responsible for reporting and paying all taxes on your Creator earnings. We do not do your taxes for you. What we will do: (a) withhold taxes where required by law; (b) provide 1099-MISC forms to U.S. Creators earning $600+ per year; (c) request W-8BEN or equivalent forms from non-U.S. Creators. Get a tax professional if you need help -- this is real income and tax authorities treat it that way.

5. Marketplace Content Guidelines

The Marketplace has standards. Beyond the Acceptable Use Policy (which always applies), Marketplace content must meet these requirements:

5.1 Quality Standards:

• Characters must have a clear, coherent personality and purpose
• Descriptions, taglines, and names must be accurate and not misleading
• Avatar images must be appropriate for the content rating and not infringe third-party rights
• Knowledge bases should be relevant, well-organized, and free of placeholder content

5.2 Prohibited Content:

• Copies, clones, or near-identical reproductions of other creators' characters
• Characters designed to impersonate real people without their consent
• Hidden instructions that manipulate users, extract personal information, or bypass safety systems
• Content that exists primarily to inflate metrics, game rankings, or exploit the revenue system
• Deceptive claims about what the Dyva can do (do not promise capabilities the platform does not support)
• Anything that violates the Acceptable Use Policy

5.3 Content Ratings. All Marketplace content must be correctly categorized and tagged with the appropriate content rating. Miscategorizing content to reach a wider audience will result in removal and may lead to account action.

6. Review and Moderation

6.1 How We Review. We use a combination of automated systems and human review to evaluate Marketplace submissions. Not every submission gets a manual review before publishing, but all published content is subject to ongoing moderation. We may review content at any time.

6.2 Approval and Rejection. We can approve, reject, or remove any Creator Content at our discretion. If we reject your submission, we will tell you why and give you a chance to fix it. Repeated low-quality submissions may result in slower review times.

6.3 Violations. If your content violates this Agreement, the AUP, or applicable law, we may: (a) remove it from the Marketplace immediately; (b) suspend revenue accrual on the affected content; (c) withhold pending payments during investigation; and/or (d) revoke your Creator Program participation entirely (see Section 7).

6.4 Appeals. You can appeal any moderation decision by contacting creators@dyva.ai within 30 days of the action. We will review the appeal and respond within 10 business days. Appeals are reviewed by a different team member than the one who made the original decision.

6.5 Ratings and Reviews. Users can rate and review your characters. Do not solicit, purchase, or manipulate ratings -- ever. We actively detect fraudulent reviews and will remove them. Manipulation of the review system is grounds for immediate termination.

7. Termination

7.1 By You. You can leave the Creator Program at any time. Unpublish your content and downgrade your account. We will pay out any accrued earnings above the $25 minimum threshold within 30 days of your departure. Clean and simple.

7.2 By Dyva. We may revoke your Creator status immediately if: (a) you materially breach this Agreement or any Dyva policy; (b) your content receives repeated valid complaints, DMCA takedowns, or legal challenges; (c) your Dyva account is terminated under the Terms of Service; or (d) you engage in fraud, manipulation, or abuse of the Creator Program.

7.3 Program Discontinuation. If we ever discontinue the Creator Program entirely (we do not plan to, but life happens), we will give at least 60 days notice and pay out all accrued earnings.

7.4 What Happens After. Once termination takes effect: (a) the license you granted us in Section 2.3 ends; (b) we remove your content from the Marketplace within a reasonable timeframe; (c) you still get paid for pre-termination earnings above the minimum threshold. Sections 2.5, 3 (for pre-termination earnings), 4, 8, 9, and 10 survive termination.

8. Indemnification

You agree to defend and hold harmless Dyva, its officers, directors, employees, and contractors from any claims, damages, losses, liabilities, or expenses (including reasonable attorney's fees) arising from: (a) your Creator Content, including any claim that it infringes third-party rights; (b) your breach of this Agreement; (c) your violation of any applicable law; or (d) your use of the Creator Program in a way that harms Dyva or its users.

In plain terms: if something you publish causes legal problems, you are responsible for the fallout. We will give you prompt notice of any claim and reasonable cooperation in the defense.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DYVA'S TOTAL LIABILITY UNDER THIS AGREEMENT IS CAPPED AT THE AMOUNTS ACTUALLY PAID TO YOU IN THE 12 MONTHS PRECEDING THE CLAIM. DYVA IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.

This cap applies regardless of the legal theory -- contract, tort, negligence, strict liability, or anything else. Some jurisdictions do not allow certain liability exclusions, so these limitations apply to the fullest extent permitted by your local law.

10. Modifications

We may update this Agreement. When we do, we will give you at least 30 days notice via email and/or in-app notification before changes take effect. The updated version will be posted here with a new effective date.

If you keep participating in the Creator Program after the notice period, you accept the updated terms. If you disagree with the changes, terminate your participation before they take effect -- we will pay out your accrued earnings as described in Section 7.1.

For material changes to the revenue share structure, we will provide at least 60 days notice.

11. Contact

Creator-specific questions: creators@dyva.ai

Legal matters: legal@dyva.ai

We read every email. For payout issues or Stripe Connect problems, include your Dyva username and the relevant transaction details so we can help faster.