dia
Anmelden

Terms of Service

These terms govern your use of Dia. Please read them carefully before using the service.

Effective: November 22, 2025 · Last updated: October 1, 2026

Agreement to Terms

By accessing or using Dia (the "Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.

Your Consent

By using this platform, you expressly consent to:

  • Data Processing: The collection, storage, processing, and transmission of your messages, voice inputs, preferences, and usage data as described in our Privacy Policy
  • Model Improvement: If you opt in, anonymized error corrections (with personal data removed) are used to improve Dia. You choose when you first use Dia and can change your choice anytime from Preferences. See our Privacy Policy for details.
  • Third-Party AI Services: Your content being sent to and processed by third-party AI providers (Anthropic Claude, Google Gemini, OpenAI) to generate responses
  • Voice Processing: Your voice recordings being processed by third-party speech services (Microsoft Azure AI Speech, with OpenAI transcription, ElevenLabs and Deepgram as fallbacks) for text-to-speech and speech-to-text functionality
  • AI-Generated Content: Receiving AI-generated responses that may be inaccurate, incomplete, offensive, inappropriate, or harmful, and using such content at your own risk
  • Monitoring and Moderation: Our right to monitor, review, or remove content for abuse prevention, security, legal compliance, or service improvement
  • Communications: Receiving essential service communications, security alerts, and updates about your account or subscription

If you do not consent to these terms, you must immediately cease using the Service and delete your account.

Eligibility

You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet these age requirements.

User Accounts

Authentication is provided through Supabase Auth (Google OAuth, Apple Sign-In). You are responsible for maintaining the confidentiality of your account and for all activities under your account. You agree to immediately notify us of any unauthorized use of your account.

Privacy & Data Collection

By using the Service or creating an account, you acknowledge that you have read and consent to our Privacy Policy and to the collection and use of your information as described therein. This includes the transmission of your data to third-party service providers necessary to operate the Service.

Acceptable Use

You agree to use the Service responsibly and in accordance with all applicable laws. You must not:

  • Violate any applicable laws, regulations, or third-party rights
  • Interfere with or disrupt the Service, servers, or networks
  • Attempt to gain unauthorized access to other users' data or accounts
  • Upload or transmit illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
  • Use the Service to generate content that violates third-party AI providers' acceptable use policies
  • Reverse engineer, decompile, or attempt to extract source code from the Service
  • Use automated systems (bots, scrapers) without written permission
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation

Your Content

You retain ownership of your content. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your content solely for operating, providing, and improving the Service. This license terminates when you delete your content or account, except for content shared with other users or where continued retention is required by law.

AI and Third‑Party Services

The Service integrates third-party AI APIs (Anthropic Claude, Google Gemini, OpenAI), voice processing providers (Microsoft Azure AI Speech, with OpenAI transcription, ElevenLabs and Deepgram as fallbacks) and an image generation provider (Replicate). Your use of these features may be subject to the third parties' terms and acceptable use policies. AI output may be incorrect, inappropriate, or harmful; you must use discretion and verify information independently.

Subscriptions and Billing

On the web, subscriptions and payments are processed by Stripe. We do not store full payment card details; Stripe acts as our payment processor and may provide us limited billing information (e.g., payment status, expiration month/year, last4) to operate your subscription. In the iPhone and Android apps, purchases are made through Apple's App Store or Google Play, whose terms, billing and refund rules apply to those purchases; you manage or cancel them in your App Store or Google Play account.

  • Subscriptions renew automatically until canceled
  • You can manage or cancel a web subscription at any time in the Stripe customer portal, opened from Account and settings on talktodia.com; App Store and Google Play subscriptions are managed in your Apple or Google account
  • Cancellations take effect at the end of the current billing period unless otherwise stated
  • Taxes may apply and are your responsibility where required
  • Refunds: for a web purchase, write to contact@talktodia.com; we handle each request individually and always as required by law. App Store and Google Play purchases are refunded by Apple or Google under their own refund policies

Right to Cancel Subscriptions and Refuse Service

We reserve the right to refuse service, and to cancel or suspend any subscription at our discretion, with or without notice, including to prevent abuse or comply with legal obligations. If we cancel a subscription without cause, we may provide a pro‑rated refund for the unused portion of the current billing period.

Critical Safety & Risk Disclosure

Please read this section carefully. By using the Service, you acknowledge and accept these risks:

  • Generative AI Nature: Dia is a generative AI system powered by large language models. Its outputs are probabilistic, may be factually incorrect, incomplete, offensive, inappropriate, or harmful, and can vary with each interaction. AI responses should never be treated as factual without independent verification.
  • No Professional Advice: Dia does not provide medical, mental health, psychological, legal, financial, or any other professional advice. Outputs are for educational and conversational purposes only. Do not rely on Dia as a substitute for qualified professionals or licensed practitioners.
  • User Responsibility: You are solely responsible for your actions, decisions, and outcomes. The maintainer, contributors, and operators are not responsible or liable for any consequences (including physical, mental, emotional, financial, reputational, or other harms) arising from your use of the Service, reliance on AI outputs, or decisions influenced by interactions with Dia.
  • AI Inferences & Characterizations: Dia may analyze your inputs and generate inferences, interpretations, or characterizations about you, your personality, emotions, or situation. These are AI-generated artifacts based on pattern matching. They may be completely wrong and are not statements of fact. We are not responsible for how Dia characterizes you or any distress caused by such characterizations.
  • Anthropomorphic Design: Dia uses first-person language and conversational patterns to create an immersive learning experience. Dia is not sentient, conscious, or human. It does not have feelings, memories (beyond conversation context), or real-world agency. Treat it as an AI tool, not a person or companion.
  • Sensitive Information: Do not share personal, confidential, or sensitive information that you would not share with any other commercial AI service. This includes but is not limited to: passwords, financial details, intimate personal matters, information that could be used for identity theft, or anything that could cause harm if disclosed.
  • Mental Health & Crisis: If you are experiencing a mental health crisis, having thoughts of self-harm or suicide, or facing any emergency, immediately contact local emergency services (e.g., 911 in the US), a suicide prevention hotline, or a qualified mental health professional. Dia cannot and must not be relied upon for crisis intervention or emergency assistance.
  • Content Moderation Limitations: While we implement safeguards, AI systems can produce unexpected, offensive, or harmful content. We cannot guarantee that all inappropriate outputs will be prevented. If you encounter harmful content, discontinue use and report it to us.
  • Third-Party AI Risks: The Service relies on third-party AI providers. Their models may have biases, limitations, or behaviors beyond our control. Your data is subject to their respective terms and policies.
  • No Guarantees: We make no guarantees about the accuracy, reliability, completeness, or appropriateness of AI outputs. Use all outputs with caution, apply critical thinking, and independently verify any information before acting on it.

By continuing to use this Service, you acknowledge that you have read, understood, and accept these risks and limitations.

Service Availability & Modifications

We strive to provide reliable service, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Service without notice or liability.

Platform Safety & Content Moderation

We implement technical and procedural safeguards to promote safe use of the Service, including:

  • Rate limiting to prevent abuse
  • Monitoring for suspicious or harmful patterns
  • Compliance with third-party AI provider safety policies
  • User reporting mechanisms for problematic content

However, no system is perfect. We cannot guarantee that all harmful, offensive, or inappropriate content will be prevented or detected. You acknowledge that you may encounter such content and agree to use the Service at your own risk.

Intellectual Property

The Service and its original content (excluding user content) are licensed under Apache-2.0. See the LICENSE and NOTICE files in the source repository for full license terms, copyright notices, and attribution requirements. Third-party components may be subject to their own licenses.

Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason or no reason, including but not limited to:

  • Violation of these Terms or acceptable use policies
  • Suspected abuse, fraud, or illegal activity
  • Security concerns or risk to the Service or other users
  • Non-payment of fees
  • Compliance with legal obligations or court orders
  • Discontinuation of the Service

Upon termination, your right to use the Service ceases immediately. You may delete your account at any time through your account settings.

Disclaimers and Limitation of Liability

IMPORTANT LEGAL NOTICE:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY AI-GENERATED CONTENT OR OUTPUT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE MAINTAINER, CONTRIBUTORS, OPERATORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, RELIANCE ON AI OUTPUTS, OR ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, the maintainer and contributors expressly disclaim all responsibility and liability for:

  • Any mental, emotional, psychological, physical, financial, reputational, or other harms arising from use of the Service
  • Decisions made in reliance on AI outputs, suggestions, inferences, or characterizations
  • Offensive, harmful, inaccurate, or inappropriate content generated by AI systems
  • Actions or omissions of third-party service providers
  • Unauthorized access to or disclosure of your data
  • Service interruptions, data loss, or technical failures

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. If you are dissatisfied with the Service or these Terms, your sole remedy is to discontinue use and delete your account.

Indemnification

You agree to indemnify, defend, and hold harmless the maintainer, contributors, operators, affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms or any applicable laws
  • Your content or any content you submit to the Service
  • Your violation of any third-party rights
  • Any decisions you make based on AI outputs or interactions with the Service

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved through good faith negotiation first. If negotiations fail, disputes may be subject to binding arbitration or court proceedings as permitted by law in your jurisdiction.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.

Changes to the Terms

We may update these Terms from time to time. Material changes will be indicated by updating the "Last updated" date at the top of this page. We may also notify you through the Service or via email. Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

It is your responsibility to review these Terms periodically. If you do not agree to any changes, you must stop using the Service and delete your account.

Contact

For questions, concerns, or notices regarding these Terms, please contact: contact@talktodia.com