Diva Terms of Service

Terms of service

Rules for using Diva

These Terms are the agreement between you and Diva. By creating an account or using the app, you agree to them and acknowledge the Privacy Policy and related notices. If you do not agree, please do not use the service.

1. Eligibility

You must be at least 14 years old and legally capable of agreeing to these Terms. Users aged 14 to 17 may use Diva only where permitted by applicable law and should involve a parent or guardian where required. Diva is not directed to children under 14, and you may not create an account for a child or submit another person's photo or personal data.

2. Your account

• Provide accurate information and keep your sign-in method and device secure.
• You are responsible for activity performed through your account unless you promptly report unauthorized access.
• One person may not impersonate another, sell an account, evade feature limits, or manipulate subscriptions, scans, rewards, or quotas.
• Sign in with Apple, Google, or email may be subject to the identity provider's own terms.

3. License to use the app

Subject to these Terms, Diva grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the app for lawful personal use. You may not copy, rent, sell, sublicense, reverse engineer, bypass security, scrape the service, extract models or prompts, overload APIs, or use Diva to build a competing dataset or service except where applicable law expressly permits it.

4. Your content

You keep ownership of photos, entries, feedback, and other content you submit. You grant Diva and its service providers a limited license to host, transmit, transform, and process that content only as necessary to provide, secure, maintain, and support the feature you requested. You confirm that you have the right and consent needed to submit the content.

5. Acceptable use

You may not use Diva to:

• Upload another person's face, health information, or private content without permission.
• Create deceptive impersonations, non-consensual intimate imagery, harassment, exploitation, illegal content, or content that endangers a child.
• Seek or provide medical diagnosis, emergency care, eating-disorder encouragement, self-harm encouragement, or dangerous health instructions.
• Defeat access controls, quotas, subscription checks, rate limits, storage rules, or account-security measures.
• Interfere with the service, introduce malicious code, test vulnerabilities without written authorization, or access another user's data.
• Use outputs as evidence of a person's health, identity, ethnicity, attractiveness, employability, insurability, or eligibility for a consequential decision.

6. AI and nutrition estimates

You understand that AI outputs and food data are probabilistic estimates and may be wrong. You are responsible for reviewing, editing, confirming, or discarding them. Diva does not guarantee calories, macros, ingredients, allergens, serving sizes, restaurant transcription, face shape, skin type, cosmetic score, product suitability, or generated-image likeness.

Never rely on a menu or food scan for allergy, intolerance, religious, medical, pregnancy, or medication-related decisions. Confirm ingredients and cross-contamination directly with the restaurant or manufacturer.

7. No medical or professional relationship

Diva provides general self-care, tracking, cosmetic, educational, and entertainment tools. Using Diva does not create a doctor-patient, dietitian-client, therapist-client, trainer-client, or other professional relationship. Diva is not an emergency service or medical device.

8. Free and paid features

Diva may offer a free main-goal experience and paid Diva Pro features. Available features, scan quotas, cooldowns, reward rules, fair-use limits, supported devices, and premium benefits may change as the service evolves. Any material change to an active paid subscription will be handled as required by the applicable store rules and consumer law.

9. Third-party services

Diva depends on third-party stores, authentication providers, health platforms, AI services, databases, hosting, diagnostics, and notification systems. Their services may be unavailable or change, and their own terms apply. Diva is not responsible for third-party content or a service interruption outside Diva's reasonable control, subject to rights that cannot legally be excluded.

10. Intellectual property

Diva's software, branding, design, text, mascots, graphics, prompts, catalogs, and service content are owned by Diva or its licensors and protected by law. These Terms do not transfer those rights to you. AI-generated output may be similar to output created for others and may not qualify for exclusive intellectual-property protection.

11. Availability and changes

We aim to keep Diva available, but do not promise uninterrupted or error-free operation. Features may be corrected, updated, suspended, or removed for security, safety, legal, provider, technical, or product reasons. Back up any information you need independently where the app provides an export or manual alternative.

12. Suspension and termination

You may stop using Diva and delete your account at any time. We may restrict or terminate access when reasonably necessary to address fraud, security risk, abuse, unlawful conduct, repeated violations, non-payment, or provider/legal requirements. Where appropriate, we will provide notice and a way to appeal through support.

13. Disclaimers

To the maximum extent allowed by law, Diva is provided "as is" and "as available." We do not warrant that outputs will be accurate, complete, safe for a particular person, uninterrupted, or suitable for a particular purpose. Nothing in these Terms excludes warranties or consumer rights that cannot legally be excluded.

14. Limitation of liability

To the maximum extent permitted by law, Diva is not liable for indirect, incidental, special, consequential, or punitive losses, lost data, lost profits, or decisions made from an AI or nutrition estimate. Diva's total liability for a claim related to paid services will not exceed the amount you paid for Diva during the 12 months before the event giving rise to the claim. These limits do not apply where prohibited, including liability that cannot be limited for intent, gross negligence, personal injury, or mandatory consumer protections.

15. Applicable law and consumer rights

Applicable consumer law in your place of residence continues to protect you. Any dispute should first be sent to slay@askdiva.app so we can try to resolve it. Nothing here removes a mandatory right to use your local courts or consumer dispute process.

16. Apple-specific terms

For an iOS download, Apple is not a party to these Terms and is not responsible for Diva or its support, except for obligations Apple cannot exclude. Apple and its subsidiaries are third-party beneficiaries of the license terms and may enforce them. If no custom end-user license is provided in App Store Connect, Apple's Standard Licensed Application End User License Agreement also applies.

17. Changes to these Terms

We may update these Terms for legal, security, provider, or product changes. We will post the new date and provide additional notice when required. Continued use after an effective update means you accept the updated Terms, except where law requires express agreement.

Subscription terms

Diva Pro billing and renewal

Diva offers Weekly and Yearly Diva Pro subscriptions. The product name, duration, price, currency, trial, introductory offer, taxes, and included benefits shown on the Apple App Store or Google Play purchase screen at confirmation are authoritative.

1. Purchase and renewal

• Payment is charged to your Apple App Store or Google Play account when you confirm the purchase.
• A subscription automatically renews for the same period unless you cancel through the relevant store before its renewal deadline. Store rules commonly require cancellation at least 24 hours before the current period ends.
• Your store account may be charged for renewal shortly before the current period ends.
• If a free trial or introductory offer is shown, its exact eligibility and duration appear on the store confirmation screen. Unless canceled in time, it converts to the displayed paid subscription.

2. Manage, cancel, and restore

You can manage or cancel in your Apple subscription settings or Google Play subscription settings. Diva also provides RevenueCat Customer Center and Restore Purchases where supported. Deleting the app or deleting your Diva account does not automatically cancel an Apple or Google subscription. Cancel it separately with the store to stop future charges.

3. Refunds

Apple or Google processes the payment and controls refund eligibility under its rules and applicable law. Request a refund through the store where you purchased. Contact Diva support for entitlement problems after a valid purchase.

4. Premium access and limits

Diva Pro unlocks the features shown on the current paywall and may remain subject to disclosed scan limits, cooldowns, supported-device requirements, provider availability, and abuse-prevention controls. A subscription does not guarantee a successful AI result for every image. If an entitlement is not recognized, use Restore Purchases and contact support with the store and product name, but never send a full card number or account password.