Terms of Use & Conditions

Last updated: July 20, 2026

1. Acceptance of Terms & General Provisions

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User") and the developers of the DAIVE application ("We", "App"). By downloading, registering, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please cease using the App immediately.

CRITICAL DISCLAIMER: NOT MEDICAL OR PSYCHOLOGICAL CARE
The App, its content, artificial intelligence (AI) tools, analytics, emotional insights, and advice are provided SOLELY for personal self-reflection, emotional tracking, and educational purposes. The App is NOT a licensed healthcare or mental health provider and does NOT provide medical advice, diagnosis, psychotherapy, psychiatric care, or clinical treatment. Use of the App does NOT create a doctor-patient or therapist-client relationship.

2. Emergency & Crisis Protocol

If you are experiencing acute psychological distress, suicidal ideation, self-harm impulses, or a medical emergency, DO NOT USE THE APP. Immediately call your local emergency services (112, 911, or 103) or contact a national crisis helpline (e.g., 988 in US/Canada, 7333 in Ukraine) or a certified healthcare professional.

3. Artificial Intelligence (AI) Disclaimer

All emotional analytics, audio transcriptions, cognitive distortion detection, and text recommendations are automatically generated by artificial intelligence models. You acknowledge that AI models may make errors or output inaccurate, incomplete, or inappropriate information ("AI hallucinations"). You assume full responsibility for any decisions or actions taken based on information provided by the App. The developers are not liable for actions taken based on AI output.

4. Subscriptions and Payments (Apple App Store & RevenueCat)

Access to Premium features requires a paid subscription. Payments, subscription management, and cancellations are processed exclusively through your Apple ID or Google Play Account. Subscriptions automatically renew unless cancelled at least 24 hours prior to the end of the current billing period in your App Store settings. Refund requests are governed solely by Apple's or Google's store policies.

5. Limitation of Liability & Indemnification

To the maximum extent permitted by applicable law, the App and its developers shall NOT be liable for any direct, indirect, incidental, consequential, emotional, or punitive damages resulting from your use of or inability to use the App. The App is provided on an "AS IS" and "AS AVAILABLE" basis. You agree to defend, indemnify, and hold harmless the developers against any claims or legal fees resulting from your violation of these Terms.

6. Intellectual Property

The App, including its code, software, design, trademarks, branding, graphics, and interface, is the property of the developers and is protected by intellectual property laws. Nothing in these Terms grants you any right to copy, modify, distribute, or reverse engineer the App.

7. Privacy Policy

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data and diary entries, including our use of third-party APIs like OpenAI. By using the App, you consent to our data practices as described in the Privacy Policy.

8. Age Requirements

You must be at least 13 years old (or the legal age of digital consent in your jurisdiction) to use the App. If you are under 18, you represent that you have your parent or legal guardian's permission to use the App and that they have read and agreed to these Terms on your behalf.

9. User Content and Acceptable Use

You retain all rights to the text and audio diary entries you submit ("User Content"). By submitting User Content, you grant the App the right to process this content (including through third-party AI services) solely to provide the App's features to you. You agree not to submit any content that is illegal, abusive, harassing, defamatory, or violates the rights of others. We reserve the right to suspend or terminate accounts that violate these rules.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law provisions. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the courts located in Kyiv, Ukraine, and you consent to the jurisdiction of such courts.

11. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you within the App or via email. Your continued use of the App after such changes constitutes your acceptance of the new Terms.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

13. Contact & Support

If you have any questions regarding these Terms, please contact our support team at [email protected].