The rules. Accounts, subscriptions, content, disputes.
At a glance
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.
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. In the EEA, the minimum age is 16 unless local law says otherwise.
How we handle age. We ask for your date of birth during onboarding and block anyone who reports an age under 13. That date is a statement you make to us — we do not verify your age at registration, and we do not run any age-estimation or identity check on ordinary accounts. Giving us a false age is a breach of these Terms, and we may suspend or terminate an account when we have reason to believe the stated age is wrong. Adult-content features are gated separately and require document or payment-card verification through our third-party verification provider; a self-declared birthday does not unlock them.
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 [email protected] 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.
Dyva is a social AI platform. Here's what that includes:
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.
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.
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 run automated scanning across messages, direct messages, posts, and character configurations, and we act on user reports. Some enforcement is automated: content our classifier rates as critical is hidden immediately, and accounts that accumulate repeated critical violations in a short window are suspended automatically, both before any person has looked at the case. Beyond that we may issue warnings, remove content, suspend or terminate accounts, and refer matters to law enforcement. Our Trust & Safety page describes how moderation and appeals actually work.
Dyva is sold on two rails: recurring subscription plans, and Sparks, the platform's usage allowance.
We may add, retire, or adjust plans and the features inside them. Existing subscriptions keep their price until we give notice under "Price changes" below.
Payment processing. Card payments for plans and Sparks are processed by Stripe, and by subscribing you also agree to Stripe's Terms. Some purchases — including creator subscriptions and adult-rail purchases in jurisdictions that require a specialist processor — are handled by CCBill or by a cryptocurrency payment processor instead, in which case that provider's terms also apply to the transaction. Whichever processor handles a payment, Dyva never receives or stores your full card number.
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 [email protected] 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.
If you publish AI characters on the Marketplace, you're a Creator, subject to our Creator Agreement.
Revenue share. Creators earn 80% of qualifying revenue from their Marketplace characters. Dyva keeps 20% 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.
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 [email protected]. Repeat infringers get terminated.
All rights not expressly granted are reserved.
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. Training on your content is opt-in. The setting is off by default on every account, and we do not use your conversations to train AI models unless you turn it on yourself in Settings. You can turn it back off at any time. See the Privacy Policy for details.
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.
By you. Cancel your subscription in account settings; cancellation takes effect at the end of your billing period. You can delete your account from Settings. Deletion runs immediately and cannot be undone — there is no grace period and no recovery window. Deleting again changes nothing, and we write you a receipt recording what was done.
What deletion actually does. We delete your private conversations and their messages, your memories, your credentials, sessions, two-factor enrolment and login history, your library and activity, and any characters or rooms nobody else has engaged with. Content you posted into shared spaces is anonymised rather than removed — shared-room messages, your messages inside other people's conversations, group posts, community threads and replies, feed posts, and video comments keep their text but lose the link to you. A small number of record types are retained because we are legally required to keep them: orders, entitlements, the Sparks ledger, credit transactions, billing addresses, creator tax information, earnings, payouts and adjustments, subscriptions, tips, gifts, age and identity verification records, safety reports, and the audit log. Your user record is reduced to a tombstone with identifiers and credentials cleared, because those payment records depend on it. This is the retention permitted by GDPR Article 17(3)(b) and the equivalent provisions elsewhere.
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 we terminate your account: access ends immediately, outstanding fees become due, we handle your content per the deletion and retention rules above, 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. You can export your data yourself from Settings at any time, without asking us. The export is generated on request in a machine-readable format and covers your profile, preferences and consent state, notification and availability settings, per-character preferences, the characters you created, your conversations and every message in them, your memories including ones you disabled or asked a character to forget, room memberships and room messages, direct messages, orders, entitlements, the Sparks ledger, credit transactions, trust events, follows, saved characters, ratings, bookmarks, collections, login history, sessions, and age-verification records. Export before you delete: after deletion we have no obligation to keep or provide your data, and the deleted parts no longer exist to export.
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 [email protected] 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.
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.
Questions, concerns, or just want to talk?
Dyva, Inc.
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.