Terms & Consitions

Eligibility

• You must be at least 18 years old to use our platform.
• By using our services, you confirm that you are legally able to enter into this agreement.

Account Responsibility

• You are responsible for maintaining the confidentiality of your account and password.
• You agree to restrict access to your account to protect your personal information.
• You must immediately notify us of any unauthorized use of your account or security breaches.

Acceptable Use

• You agree to use the platform for lawful purposes only and will not engage in any activity that violates local, state, national, or international law.
• We do not accept content that contains pornography, hate speech, violence, or violates copyright laws.
• You are prohibited from posting or sharing content that is defamatory, infringing, obscene, offensive, or otherwise harmful.
• You will not attempt to hack, disrupt, or otherwise interfere with the security and functionality of the platform, or any third-party service linked to our platform.

Content Responsibility

• You are solely responsible for the content you upload, post, or otherwise share on Div-Idy. You warrant that you own or have the necessary rights to all content you submit.
• We reserve the right to remove any content that violates these Terms of Service without notice, and suspend or terminate your account if necessary.
• By submitting content, you grant Div-Idy a non-exclusive, royalty-free, transferable, worldwide license to use, modify, display, and distribute the content as part of our services.

No Liability for User Content

• Div-Idy is not responsible for any user-generated content posted or viewed through the platform.
• We do not endorse, verify, or take responsibility for the accuracy, legality, or appropriateness of any content posted by users.
• You agree to indemnify and hold Div-Idy harmless from any claims, damages, losses, or legal expenses arising from content you post, or any actions related to your use of the platform.

Third-Party Links

• Our platform may contain links to third-party websites or services not owned or controlled by us.
• We are not responsible for the content, privacy policies, or practices of any third-party sites. Accessing third-party websites is done at your own risk.

Modification and Termination

• We reserve the right to modify or discontinue our services at any time without prior notice.
• We may suspend or terminate your access to the platform if we believe you have violated any terms of service or if required by law.

Security and Hacking

• You agree not to use the platform for any activities that could harm, disable, overburden, or impair the functionality of the platform.
• Any attempt to hack, reverse-engineer, or exploit the platform in unauthorized ways will lead to the immediate suspension of your account and may involve legal actions.
• If you identify any security vulnerabilities or suspicious activity on the platform, you must report it to us immediately.

Limitation of Liability

• To the fullest extent permitted by law, Div-Idy is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the platform or services.
• We are not liable for any damages resulting from the content posted by other users or from third-party services linked to our platform.

Indemnification

• You agree to indemnify and hold Div-Idy, its affiliates, partners, employees, and contractors harmless from any claims, damages, or losses arising from your use of our services or violation of these terms.

Governing Law

• These Terms of Service are governed by and construed in accordance with the laws of the jurisdiction in which Div-Idy is incorporated.

Changes to Terms

• We reserve the right to update or modify these Terms of Service at any time. Changes will be effective immediately upon posting to this page.
• You are advised to review these terms periodically for updates. Continued use of our platform constitutes acceptance of the modified terms.

AI Credits and Subscription Terms

• When you purchase a subscription to Div-Idy, you will receive a specific amount of AI credits based on your selected subscription plan.
• AI credits are allocated monthly and do not roll over to the following month. Any unused credits at the end of a billing cycle will expire.
• If you upgrade or downgrade your subscription, your monthly AI credits will be adjusted to reflect your new plan, and any unused credits will not be transferred or carried over.
• You agree to use the AI credits provided as part of your subscription and acknowledge that credits will be reset at the beginning of each billing cycle.

Refunds & Right of Withdrawal

Div-idy provides immediate access to digital content and begins performance at the time of generation. By using the Service and/or submitting a generation request you consent to immediate performance of the digital service and expressly waive any statutory right of withdrawal that would otherwise apply under EU Directive 2011/83/EU and the UK Consumer Contracts Regulations. Where consumer law requires explicit consent for immediate performance and waiver of the right of withdrawal, your affirmative action at checkout or when submitting a generation (including checking a consent box) serves as such consent.

No Refunds After Delivery: Except as required by applicable mandatory law or in the case of demonstrable platform failure that prevented any generation, we do not provide refunds for fees paid after Generated Output has been delivered, previewed, downloaded, or otherwise accessed.

Chargebacks & Dispute Handling

If you dispute a charge with your payment provider without first contacting Div-idy, we may suspend your Account pending investigation. We will provide transaction logs, access timestamps, generated artifact proof (preview links or archive references), and any consent records to the payment processor to defend any chargeback. If a chargeback is resolved in Div-idy's favor, you are responsible for any fees and costs incurred in the dispute resolution process.

Arbitration; Governing Law; Venue

Governing Law: These Terms and any dispute or claim arising out of or relating to them shall be governed by the laws of the State of Nebraska, United States of America, without regard to conflict of law principles.

Arbitration: Any dispute, claim or controversy arising out of or relating to these Terms or the Service shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in Omaha, Nebraska, unless the parties agree otherwise in writing. The arbitration shall be on an individual basis only; class arbitration and class/collective actions are not permitted.

Limitation & Cap on Liability

To the maximum extent permitted by law, Div-idy's total aggregate liability for all claims arising out of or relating to these Terms or the Service shall be limited to the greater of (a) the total amount paid by you to Div-idy during the twelve (12) months preceding the claim or (b) one hundred U.S. dollars (USD $100). In no event shall Div-idy be liable for indirect, incidental, consequential, special, punitive, or exemplary damages.

DMCA & Copyright Infringement

If you believe your copyrighted work has been used on the Service in a way that constitutes infringement, notify us at dividyapp@gmail.com with the following:

• Identification of the copyrighted work claimed to have been infringed;
• Identification of the infringing material and its location on the Service;
• Your contact information (name, address, email);
• A good-faith statement that use is unauthorized; and
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act.

Data Retention, Backups & Export

You are responsible for exporting and backing up your important projects. While Div-idy strives to persist user projects, occasional outages or resets can occur. We provide export and download tools for Generated Output; however, we do not guarantee indefinite retention of projects for inactive or terminated accounts. Projects may be deleted in accordance with our retention and deletion policies.