Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between you and Dyva, Inc., a Delaware corporation ("Dyva," "we," "us"). By using any part of Dyva — creating an account, chatting with a character, browsing the Marketplace, calling the API, or even just visiting the site — you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy.

If you don't agree, don't use the service. Continued use after we post changes means you accept those changes.

These Terms take effect the moment you first use Dyva. You confirm you have the legal capacity to enter this agreement. If you're accepting on behalf of a company or organization, you confirm you have authority to bind them.

2. Your Account

Age requirement. You must be at least 13 to use Dyva. If you're between 13 and 18, you need a parent or guardian's consent, and they must agree to these Terms on your behalf. We may verify your age at any time and terminate accounts that don't meet requirements. In the EEA, the minimum age is 16 unless local law says otherwise. Mature content features require you to be 18 or older.

Account creation. Some features require an account. Use accurate information and keep it current. One account per person — creating extras to dodge limits or bans violates these Terms.

Security is on you. Your password, API keys, and tokens are your responsibility. Use a strong, unique password. Don't share credentials. If something looks compromised, email security@dyva.ai immediately. You're responsible for all activity on your account, authorized or not. We're not liable for losses caused by weak security on your end.

Third-party sign-in. If you log in with Google, Discord, or another OAuth provider, you authorize us to access the information they share per your settings and our Privacy Policy.

3. Platform Services

Dyva is a social AI platform. Here's what that includes:

• AI Characters. Create characters with custom personalities, system prompts, greeting messages, and configurable behavior. Characters maintain persistent memory across sessions — they remember what you've told them.
• Voice. Real-time text-to-speech and speech-to-text conversations with AI characters. Custom voice cloning lets you give characters a unique voice from audio samples.
• Marketplace. A creator economy where you can browse, publish, and monetize AI characters. Creators earn a 70/30 revenue share (see Section 7).
• Scenes. Interactive multi-character stories with backstories, settings, and branching narratives. Build worlds, not just conversations.
• Comics and Video. AI-generated comic strips and video generation. Your prompts and parameters go through third-party AI services (like fal.ai) to produce visual content.
• Image Generation. Avatar creation, character art, and animation powered by AI. Same rules as other generated content — you're responsible for what you create.
• Knowledge Base. Upload documents to give characters specialized knowledge. RAG-powered retrieval means your character can reference your materials in conversation.
• Social. DMs, groups, feed, followers, profiles. Dyva isn't just a chatbot — it's a platform where people connect around AI characters.
• Integrations. Connect characters to Discord, Telegram, and Slack. Your characters live where your community already hangs out. Subject to those platforms' own terms.
• API and Developer Tools. REST API, WebSocket streaming, webhooks, and developer documentation for programmatic access. Subject to our API Terms.
• Embedding. White-label chat widgets for third-party websites. Your character, their site.

We can change things. We may modify, suspend, or discontinue any feature at any time. We'll try to give notice for major changes, but no guarantees of uninterrupted, error-free service. We aim for uptime — but maintenance, outages, and the general chaos of running infrastructure mean we can't promise perfection.

Third-party AI models. The service depends on external AI providers. Changes to those models can affect quality or availability. That's not something we can fully control.

4. Content and Ownership

Your content is yours. Character configurations, personality settings, system prompts, knowledge base documents, uploaded files, messages — you own what you create. Nothing in these Terms transfers ownership to Dyva.

But we need a license to operate. By submitting content, you grant Dyva a worldwide, non-exclusive, royalty-free, sublicensable license to use, process, store, display, and distribute it as needed to run the service. That means processing your messages through AI models, storing data on our servers, showing published characters on the Marketplace, and using aggregated, de-identified data for analytics.

AI-generated content. Content produced by AI is generated by statistical models. It is not authored, reviewed, or guaranteed by any human. It may be wrong, biased, fabricated, or inappropriate. AI output is not professional advice — not legal, medical, financial, therapeutic, or anything else requiring a license. Consult real professionals for real problems.

AI characters are software. They don't have feelings, consciousness, or legal personhood. Any sense of personality is an artifact of how the model was trained. Talking to them doesn't create any agency, partnership, or fiduciary relationship with Dyva. They are not substitutes for human relationships or mental health treatment.

Knowledge base uploads. When you upload documents to a character's knowledge base, you confirm you have the rights to that content. We process it for RAG retrieval — the character can reference it in responses. You retain ownership; we get the license described above.

Your guarantees. You confirm that: (a) you have the rights to submit your content; (b) it doesn't infringe anyone's IP, privacy, or other rights; (c) it complies with our Acceptable Use Policy; and (d) it contains no malware or harmful code.

Feedback. If you send us suggestions, ideas, or feedback about the service, we can use them freely without obligation or compensation to you.

5. Acceptable Use

Your use of Dyva is governed by our Acceptable Use Policy. It's part of this agreement. Read it.

The short version: don't use Dyva for anything illegal, harmful, or abusive. Don't generate CSAM. Don't harass people. Don't try to break or reverse-engineer the platform. Don't circumvent rate limits or access controls. Don't scrape outside the API.

We monitor for compliance and will take action — warnings, suspension, termination, content removal, or law enforcement referral — as needed.

6. Payments and Subscriptions

Dyva runs on a credit-based system. Different plans give you different allocations:

• Free: $0/month — 50 messages per day, basic features.
• Plus: $12/month — expanded message limits, more character slots, enhanced features.
• Pro: $30/month — higher limits, API access, priority support, voice cloning, advanced customization.
• Creator: $50/month — everything in Pro plus Marketplace publishing, advanced analytics, embed widgets, and creator tools.

Features and limits are described on our pricing page at the time you subscribe. We may adjust features across tiers — see price changes below.

Payment processing. All payments go through Stripe. By subscribing, you agree to Stripe's Terms. We never see or store your full card number — Stripe handles that under PCI-DSS standards.

Auto-renewal. Paid plans renew automatically. Cancel anytime in your account settings — cancellation takes effect at the end of your current billing period. No partial refunds for the remaining time.

Refunds. Generally non-refundable, except as law requires. We offer a full refund within 7 days of a new subscription. After that, it's case-by-case. Billing errors or service defects? Email billing@dyva.ai within 30 days of the charge.

Price changes. We'll give at least 30 days' notice before changing subscription prices. Keep using the service after the change takes effect and you accept the new price. Don't like it? Cancel before the effective date.

Taxes. Prices exclude applicable taxes (VAT, sales tax, etc.). You're responsible for all taxes on your subscription except taxes on Dyva's net income.

Free tier. Limited features, provided "as is." May change or disappear without notice.

7. Creator Economy

If you publish AI characters on the Marketplace, you're a Creator, subject to our Creator Agreement.

Revenue share. Creators earn 70% of qualifying revenue from their Marketplace characters. Dyva keeps 30% as a platform fee. Payment schedules, payout thresholds, and tax details are in the Creator Agreement.

Your obligations. As a Creator, you're responsible for ensuring your characters — configs, knowledge base materials, descriptions, avatars — comply with these Terms, our Acceptable Use Policy, and all applicable laws. We can review, modify, or remove non-compliant content.

Marketplace listing. Publishing a character means you consent to us displaying, promoting, and distributing it. We don't guarantee any level of visibility, traffic, or revenue. The Marketplace is competitive — results depend on quality and demand.

8. Intellectual Property

Dyva's IP. The platform — software, algorithms, interfaces, designs, logos, trademarks, and documentation — belongs to Dyva and is protected by US and international IP law. Don't use our name, logo, or marks without written permission.

Your license to use Dyva. We grant you a limited, non-exclusive, non-transferable, revocable license to use the service per your subscription plan. You may not: copy or create derivative works of our platform, sublicense or sell access, build a competing product using our service, or run extraction tools against us outside the API.

Your IP. You keep ownership of everything you create on Dyva — character configs, knowledge base documents, uploaded content. The license you grant us (Section 4) is for operating the service, not for claiming your work.

API output. Content generated through the API belongs to you, subject to the same AI-generated content disclaimers in Section 4. You're responsible for how you use it downstream.

DMCA. We respect intellectual property and respond to valid takedown notices. Our full procedures are in our DMCA & Copyright Policy. Notices go to dmca@dyva.ai. Repeat infringers get terminated.

All rights not expressly granted are reserved.

9. Privacy

Your data matters. Our Privacy Policy explains what we collect, how we use it, how we protect it, and what rights you have under GDPR, CCPA, and other data protection laws.

By using Dyva, you consent to data collection and processing as described in the Privacy Policy, including transfers to the US. Enterprise and API customers are also covered by our Data Processing Agreement.

AI training. Aggregated, de-identified data may be used to improve our AI systems. You can opt out in Settings. See the Privacy Policy for details.

10. Disclaimers and Limitations

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES — EXPRESS OR IMPLIED — INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We don't guarantee the service will be uninterrupted, secure, or error-free. We don't guarantee AI output will be accurate, complete, or safe. We don't endorse any third-party products or services offered through the platform.

Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DYVA'S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) FEES YOU PAID TO DYVA IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $100.

No consequential damages. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, DATA, OR GOODWILL — ARISING FROM YOUR USE OF THE SERVICE, AI-GENERATED CONTENT, UNAUTHORIZED ACCESS, OR ANY OTHER SERVICE-RELATED MATTER. EVEN IF WE WERE ADVISED OF THE POSSIBILITY.

Indemnification. You agree to defend and hold harmless Dyva and its team from claims arising from: your use of the service, your content, your violation of these Terms or any law, or claims that your content infringes third-party rights.

Some jurisdictions don't allow these exclusions. Where that's the case, our liability is limited to the greatest extent the law allows. These limits are a fair allocation of risk and essential to us providing the service at these prices.

11. Termination

By you. Cancel your subscription in account settings. Request account deletion through the service or at support@dyva.ai. Cancellation takes effect at the end of your billing period. Deletion enters a 30-day grace period — you can reverse it during that window. After 30 days, it's permanent.

By us. We may suspend or terminate your account for: breach of these Terms, fraudulent or illegal activity, non-payment, extended inactivity (12+ months), law enforcement requests, service discontinuation, or security issues. We'll try to give notice unless immediate action is needed for safety.

What happens. When your account is terminated: access ends immediately, outstanding fees become due, we delete your content per our retention policies, earned Creator revenue above payout thresholds gets paid per the Creator Agreement, and you must stop using all Dyva IP, API credentials, and embed codes.

Data export. Before deleting your account, request a data export at support@dyva.ai or in Settings. We'll provide it within 30 days in a machine-readable format. After deletion, we have no obligation to keep or provide your data.

12. Dispute Resolution

Governing law. These Terms are governed by Delaware law, without regard to conflict-of-law rules.

Binding arbitration. This is important — read it carefully. Any dispute arising from these Terms or the service will be resolved by final, binding arbitration through JAMS under its Comprehensive Arbitration Rules. A single arbitrator with technology law expertise will preside. Arbitration takes place in Wilmington, Delaware, unless both parties agree otherwise or opt for videoconference. The award is final and enforceable in any court.

Class action waiver. YOU AND DYVA MAY ONLY BRING CLAIMS INDIVIDUALLY, NOT AS A CLASS MEMBER OR REPRESENTATIVE. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS WITHOUT BOTH PARTIES' WRITTEN CONSENT.

Small claims exception. Either party can bring an individual claim in small claims court if it qualifies.

Injunctive relief. Either party may seek injunctive relief in any court to protect IP, confidential information, or proprietary rights.

Opt-out. You can opt out of arbitration and the class action waiver by emailing legal@dyva.ai within 30 days of accepting these Terms. Include your name, username, and a clear opt-out statement.

Time limit. Any claim must be filed within one year of arising, or it's permanently barred.

13. Changes to Terms

We may update these Terms. For material changes, we'll give at least 30 days' notice via email or in-app notification. Non-material changes may take effect when posted.

Continued use after changes take effect means you accept them. If you disagree, stop using the service and cancel before the effective date. That's your sole remedy for disputed changes.

14. Contact

Questions, concerns, or just want to talk?

Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, Creator Agreement, API Terms, DMCA Policy, and all referenced policies, are the entire agreement. They supersede all prior agreements.

Severability. If any provision is found unenforceable, it gets modified to come as close to the original intent as possible. The rest stands. Our failure to enforce a provision isn't a waiver. You can't assign these Terms without our consent. We can assign freely. Neither party can bind the other — nothing here creates a partnership, agency, or employment relationship.

By using Dyva, you acknowledge that you have read and agree to these Terms of Service.