Creator Agreement

1. ELIGIBILITY

To join the Creator Program, you must: (a) be at least 18 years old (or the age of majority in your jurisdiction); (b) have a Dyva+ account on the Creator tier or above; (c) provide accurate tax information for payment processing; (d) comply with all applicable laws, including tax obligations; and (e) agree to this Agreement, the Terms of Service, and the Acceptable Use Policy.

2. CREATOR CONTENT

2.1 Ownership. You own your original content -- Dyva+ configurations, system prompts, personality settings, knowledge base materials, and creative assets (collectively, "Creator Content"). Nothing in this Agreement transfers ownership to Dyva+.

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

2.3 Your Guarantees. You confirm that: (a) you have the right to grant these licenses; (b) your Creator Content does not infringe anyone's IP, privacy, or other rights; (c) it complies with the Acceptable Use Policy; and (d) you have all necessary permissions for any third-party materials included.

3. REVENUE SHARE

3.1 Revenue Split. You earn 70% of Net Revenue from your published Creator Content. "Net Revenue" is gross revenue minus: (a) payment processing fees (typically 2.9% + $0.30 per transaction); (b) applicable taxes and withholdings; and (c) refunds or chargebacks related to your content.

3.2 Revenue Attribution. Revenue is calculated based on messages and voice minutes users consume with your Dyva+s, on a per-message and per-minute basis according to the user's subscription tier.

3.3 Reporting. Real-time earnings, usage analytics, and revenue breakdowns are available in the Creator Studio dashboard. We also provide monthly earnings statements with totals, deductions, and net payable amounts.

4. PAYOUTS

4.1 Minimum Threshold. Payouts are available once your balance reaches $25.00. Balances below that roll over to the next period.

4.2 Payout Schedule. Monthly payouts are initiated within 10 business days after each month ends. New Creator accounts may have payments held for up to 30 days for fraud review.

4.3 Payment Methods. Payments go through Stripe Connect (or another service we designate). Keep your payment info accurate -- we are not responsible for failed payments due to incorrect details.

4.4 Taxes. You are responsible for reporting and paying all taxes on your Creator earnings. We may withhold taxes as required by law and will provide applicable tax forms (e.g., 1099-MISC for U.S. Creators earning $600+/year). Non-U.S. Creators may need to provide a W-8BEN or equivalent.

5. MARKETPLACE CONTENT GUIDELINES

Beyond the Acceptable Use Policy, Marketplace content must:

• Be original or properly licensed -- no copying other creators' characters
• Have accurate names, descriptions, and taglines
• Not make deceptive claims about what the Dyva+ can do
• Be correctly categorized and tagged
• Not contain hidden instructions to manipulate users, extract personal info, or bypass safety
• Not exist primarily to inflate metrics or game the ranking algorithm

6. REVIEW AND MODERATION

6.1 Review Process. We may review, approve, reject, or remove any Creator Content at our discretion, using both automated systems and human review.

6.2 Removal. If your content violates this Agreement, AUP, or the law, we may: (a) remove it from the Marketplace; (b) suspend revenue accrual; (c) withhold pending payments during investigation; and/or (d) terminate your Creator Program participation (Section 7).

6.3 Ratings and Reviews. Users can rate and review your characters. Do not solicit, purchase, or manipulate ratings. We remove fraudulent reviews and take action against manipulation.

7. TERMINATION

7.1 By You. You can leave the Creator Program anytime by unpublishing your content and downgrading your account. We will pay any accrued earnings above the minimum threshold within 30 days.

7.2 By Dyva+. We may terminate your participation immediately if: (a) you breach this Agreement or any Dyva+ policy; (b) your content receives repeated valid complaints or takedowns; (c) your account is terminated under the Terms of Service; or (d) we discontinue the Creator Program (with 60 days notice).

7.3 After Termination. The license in Section 2.2 ends, and we will remove your content from the Marketplace within a reasonable time. Sections 2.3, 3 (for pre-termination earnings), 4, 8, and 9 survive termination.

8. INDEMNIFICATION

You agree to defend and hold harmless Dyva+ and its team from any claims, damages, losses, or expenses (including attorney's fees) arising from: (a) your Creator Content; (b) your breach of this Agreement; (c) any law you violate; or (d) third-party claims that your content infringes their rights.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Dyva+'S TOTAL LIABILITY UNDER THIS AGREEMENT IS CAPPED AT THE AMOUNTS PAID TO YOU IN THE 12 MONTHS BEFORE THE CLAIM. Dyva+ IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR REVENUE.

10. MODIFICATIONS

We may modify this Agreement with at least 30 days notice (email or in-app). Continued participation after the notice period means you accept the changes. If you disagree, terminate before they take effect.

11. CONTACT

Questions? Contact us at [email protected] or [email protected].