Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Divan ("we," "us," or "our") governing your access to and use of the Divan platform and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

2. Description of Service

Divan is an AI-powered advisory platform that enables users to engage in conversations with AI advisors. These advisors are artificial intelligence systems designed to provide perspectives and insights based on principles extracted from the published works, writings, and publicly available ideas of various thinkers, authors, and experts.

3. Account Registration

To access certain features of the Service, you must create an account using Google authentication. By creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may not use false identities, impersonate others, or create accounts on behalf of others without authorization. Accounts are non-transferable without our prior written consent.

4. User Eligibility

You must be at least 13 years of age to use the Service. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you must have your parent or legal guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable federal, state, local, or international law or regulation
• Infringe upon the intellectual property rights or privacy rights of others
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks
• Use the Service to generate content that impersonates real individuals in misleading or harmful ways
• Use automated scripts, bots, or other means to access the Service without our express permission
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Use the Service or its outputs to develop competing products or services
• Engage in any activity that could damage, disable, overburden, or impair the Service

6. User Content

You retain ownership of any content you submit to the Service, including messages and conversations ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely for the purpose of providing and improving the Service.

You are solely responsible for your User Content and represent that you have all necessary rights to submit such content. You agree not to submit any content that:

• Contains sexually explicit or pornographic material
• Promotes hate speech, discrimination, or violence against individuals or groups
• Exploits or endangers minors in any way
• Contains or promotes illegal activities
• Infringes on any third party's intellectual property rights
• Contains malware, viruses, or other harmful code

7. Intellectual Property

The Service, including all content, features, and functionality (excluding User Content), is owned by Divan and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes, subject to these Terms. This license does not include the right to modify, distribute, sell, or create derivative works based on the Service.

8. Billing and Payments

The Service is currently offered free of charge. We may introduce premium features or subscription plans in the future. If we do:

• Payment processing will be handled by third-party payment processors (such as Stripe)
• You authorize us to charge your payment method for all fees incurred
• Subscription fees are billed in advance on a recurring basis until cancelled
• You may cancel your subscription at any time through your account settings
• Refunds, if any, will be provided in accordance with our then-current refund policy
• You are responsible for maintaining accurate billing information

9. Service Modifications and Termination

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

You may terminate your account at any time by contacting us at support@askdivan.com. We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; (d) AI-generated content will be accurate, complete, reliable, current, or error-free; or (e) the results of using the Service will meet your requirements.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIVAN, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service, including AI-generated content
• Unauthorized access, use, or alteration of your transmissions or content
• Any decisions made or actions taken based on AI advisor responses

Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) one hundred dollars ($100) or (b) the amounts paid by you to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Divan and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, or your User Content.

13. Dispute Resolution

If you have any dispute with us arising out of these Terms or the Service, you agree to first contact us at support@askdivan.com and attempt to resolve the dispute informally for at least 60 days before initiating any formal proceedings.

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO THESE TERMS, YOU AND DIVAN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of these Terms.

15. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by Divan. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party websites or services.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Divan regarding your use of the Service and supersede all prior agreements and understandings.

18. Contact Us

If you have any questions about these Terms, please contact us at support@askdivan.com.