These Terms of Service ("Terms") are an agreement between you and Diva.ai ("Diva," "we," "us," or "our") governing your access to and use of the Diva website, waitlist, and application (together, the "Service"). By joining the waitlist, creating a profile, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
Diva is an AI-powered voice-venting companion. You speak or type about everyday stressors, and Diva responds with a supportive, high-energy persona intended for entertainment, emotional-release, and journaling purposes.
Diva is not a licensed therapist, counselor, medical provider, or crisis service, and nothing Diva says is professional medical, psychological, legal, or financial advice. Diva does not diagnose, treat, or monitor any condition. Use of the Service does not create a therapist-patient, doctor-patient, or any other professional relationship.
You must be at least 16 years old to use the Service. If you are between 16 and the age of legal majority in your jurisdiction, you must have a parent or legal guardian's permission to use the Service, and that parent or guardian agrees to these Terms on your behalf. Diva is not directed at children under 13, and we do not knowingly collect personal information from children under 13.
Joining the waitlist requires an email address and your affirmative consent to these Terms and the Privacy Policy. You're responsible for providing accurate information and for keeping any credentials associated with your account confidential. We may reach out about early access, product updates, or research based on the marketing preferences you agree to at signup, and you can unsubscribe from non-essential emails at any time.
You agree not to use the Service to:
"Your Content" means anything you speak, type, or save through the Service, including rants and Rant Vault entries and any profile details you provide. You retain ownership of Your Content. You grant Diva a limited, worldwide, royalty-free license to process, transcribe, store, and generate responses to Your Content solely to operate, maintain, and improve the Service, in line with the Privacy Policy. Saved Rant Vault entries are automatically and permanently deleted after 7 days; we are not a long-term storage or backup service, so keep your own copy of anything you don't want to lose.
Diva's replies are generated by an AI language model combined with a scripted local persona as a fallback. Responses are probabilistic: they may be inaccurate, repetitive, tonally off, or occasionally inappropriate despite our efforts to steer the persona. Don't rely on anything Diva says as fact, and don't treat Diva's output as professional advice of any kind (see Section 8).
If Diva's conversation-safety logic detects language suggesting a mental health emergency, self-harm, or harm to others, it will surface crisis resources (such as the 988 Suicide & Crisis Lifeline, Crisis Text Line, and SAMHSA's National Helpline) instead of continuing the persona. Diva cannot guarantee it will catch every instance requiring intervention. If you or someone else is in immediate danger, call your local emergency number (911 in the US) right away. Do not rely on Diva.
The Service, including its software, design, the Diva name, persona, orb mark, and all related branding, is owned by Diva.ai and protected by intellectual property laws. Except for the limited right to use the Service as intended, these Terms don't grant you any rights to our trademarks, logos, or brand assets.
Diva relies on third-party infrastructure. For example, a large-language-model API for generating responses, and your browser's built-in speech-recognition engine for converting your voice to text. Your use of the Service is also subject to the applicable terms of those providers, and we aren't responsible for their acts, omissions, or outages.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY AI-GENERATED RESPONSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVA.AI AND ITS OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) USD $50. Some jurisdictions don't allow these limitations, so some of the above may not apply to you.
You agree to indemnify and hold Diva.ai harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms or misuse of the Service.
We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that violates these Terms or that we believe is harmful to other users, us, or third parties. You may stop using the Service, and unsubscribe from waitlist emails, at any time.
[Placeholder: set this to the state/country where Diva.ai is legally established once formed, e.g. "the State of Delaware, USA."] These Terms are governed by the laws of [Jurisdiction placeholder], without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service will be resolved in the courts located in [Venue placeholder], and you consent to that jurisdiction.
We may update these Terms from time to time. If we make material changes, we'll update the "Last updated" date above and, where appropriate, notify waitlist members by email. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
Questions about these Terms? Email us at hello@diva.ai.