Termini di servizio

La versione completa di questo documento è in inglese qui sotto.

1. Introduction

Welcome to Divinci AI, Inc. (“Company”, “we”, “us”, or “our”). We provide an AI platform that includes web, desktop, and mobile applications, embeddable AI chat assistants, voice and SMS services, APIs and developer tools, and AI model evaluation services, powered by both off-the-shelf and custom language models (collectively, the “Services”). By accessing or using the Services, including any AI-generated content or responses, you agree to be bound by these Terms of Service (“Terms”).

If you do not agree to these Terms, you may not access or use the Services.

If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

2. Eligibility

To create an account or purchase the Services, you must be at least 18 years old and capable of entering into a legally binding agreement. The Services are not directed to children under 13 (or the applicable age of digital consent in your jurisdiction).

3. Description of Services

Our Services allow users to interact with AI-powered language models, including commercially available foundation models and custom fine-tuned models with retrieval-augmented generation (RAG) capabilities, over web chat, embedded website widgets, voice calls, and SMS. These models can assist with a range of queries and tasks but do not provide expert advice. You should not rely solely on AI-generated content for important decisions, including those relating to health, finance, legal, or other professional fields.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials, API keys, and access tokens, and for all activity that occurs under them. Notify us promptly at security@divinci.ai if you suspect unauthorized use of your account.

5. Whitelabel Services and End Users

Some of our customers (“Customers”) use the Services to offer AI assistants under their own brand — for example, an AI chat widget embedded on a Customer’s website, or a Customer-branded mobile application or phone number.

• If you are a Customer, you are responsible for your own end users: for providing them with legally required notices and terms, for obtaining any consents required for the data you collect through your assistant, and for the instructions, knowledge bases, and configurations you supply to your assistant. You must not configure your assistant to violate these Terms or applicable law.
• If you are an end user interacting with a Customer’s branded assistant, your relationship is primarily with that Customer. Divinci processes your interaction data on the Customer’s behalf, as described in our Privacy Policy. The Customer’s own terms and privacy policy also apply.

6. Fees, Billing, Wallet, and Refunds

• Payment processing. Paid features are billed through our payment processor, Stripe. Your card details are held by Stripe, not by Divinci.
• Wallet credits. Certain Services are pay-as-you-go, funded by prepaid wallet credits denominated in USD. Wallet credits are not a bank deposit, do not accrue interest, and are not transferable except as we expressly allow. Usage (including AI model usage, voice minutes, and SMS messages) is deducted from your wallet as it occurs.
• Subscriptions. Subscription plans renew automatically until cancelled. Cancellation takes effect at the end of the current billing period.
• Crypto payments (x402). Some API resources may accept payment in USDC stablecoin over supported blockchain networks using the x402 payment protocol. On-chain payments are final and irreversible once settled; blockchain transactions are publicly visible by the nature of the underlying networks, and network conditions may affect settlement timing.
• Refunds. Except where required by law or expressly stated otherwise, fees and consumed usage are non-refundable. Unused prepaid wallet balances may be refunded upon request at our reasonable discretion, less any processing costs. On-chain (x402) payments cannot be reversed by Divinci.
• Price changes. We may change pricing with notice; changes apply to subsequent billing periods and future usage.

7. Voice and SMS Services

• AI voice calls. Some assistants can hold phone conversations. Call audio is processed in real time by our telephony providers (for speech-to-text and text-to-speech) and by AI model providers to generate responses; Divinci does not store raw call audio recordings, but text transcripts of calls and call metadata (phone numbers, duration, cost) are stored and associated with the relevant account. By placing or receiving a call with an AI assistant, you consent to this processing and transcription. Customers deploying voice assistants are responsible for any call-monitoring or recording disclosures required in their jurisdictions.
• SMS. By opting in to SMS interactions with an assistant, you consent to receive automated text messages. Message frequency varies; message and data rates may apply. Reply STOP to opt out and HELP for help. Consent to SMS is not a condition of any purchase.

8. API, SDK, and Third-Party Client Access

We offer APIs, developer tools, and support for third-party clients (including MCP-compatible AI agents and applications) that can access your account with your authorization.

• API keys and OAuth grants are scoped to the workspace (whitelabel) they are issued for. Unless you restrict a key or grant to specific permissions, it has full access within its workspace. Review the scope of any third-party application before authorizing it.
• You are responsible for what applications you authorize and for revoking access you no longer want.
• You may not use the APIs to build a service that misrepresents AI output as ours where it is not, to circumvent usage-based billing, or to probe or degrade the Services.

9. Responsible Use

You agree to use the Services responsibly and in compliance with applicable laws. You will not use the Services to:

• Transmit illegal, harmful, abusive, or discriminatory content.
• Engage in any form of harassment, misinformation, or harmful behavior.
• Attempt to manipulate, alter, or exploit the language models or the platform in a manner that violates these Terms, including attempts to bypass safety measures, rate limits, or billing.
• Send unsolicited communications (spam) through voice, SMS, or email features.

We reserve the right to suspend or terminate access to the Services if we determine any misuse.

10. Your Content

You retain ownership of the content you submit to the Services — prompts, uploaded files, knowledge-base documents, and assistant configurations (“Your Content”). You grant us a limited license to host, process, transmit, and display Your Content as necessary to provide the Services (including processing by the AI model providers and infrastructure providers described in our Privacy Policy). We do not use Your Content to train AI models. You are responsible for having the rights to the content you upload.

11. AI Content Disclaimer

The AI models provided through the Services generate content based on user prompts and configured knowledge. AI-generated content may be incomplete, outdated, or inaccurate. The Company is not liable for any decisions or actions taken based on AI-generated content. The AI does not have personal judgment, expertise, or context awareness beyond its training data and configured knowledge, and cannot replace professional advice.

12. Evaluation Services (TrustBench)

Our model evaluation services produce signed evaluation records. Evaluation runs are private by default; if you choose to publish a run, the published record — which may reveal the model, prompts, and outputs involved — becomes publicly verifiable, and you are responsible for that disclosure.

13. Intellectual Property

All rights, titles, and interests in the Services — including the platform software, AI orchestration, and proprietary algorithms — remain the exclusive property of the Company and its licensors. Subject to these Terms and your plan, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business or personal purposes, including commercial use of assistants you configure within the Services.

You may not reverse-engineer the Services or resell access to them except through features we provide for that purpose (such as whitelabel deployments).

14. Copyright Complaints (DMCA)

If you believe content available through the Services infringes your copyright, send a notice to legal@divinci.ai including: identification of the work, the location of the allegedly infringing material, your contact information, a good-faith statement, and a statement under penalty of perjury that you are authorized to act. We will respond in accordance with the Digital Millennium Copyright Act, including removing material and terminating repeat infringers where appropriate.

15. Third-Party Services

The Services interoperate with third-party services (authentication, payment, telephony, cloud, and AI model providers, and integrations you choose to connect, such as Google Drive or Gmail). Your use of those services is subject to their own terms, and we are not responsible for them.

16. Privacy and Data Security

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and store your data, and is incorporated into these Terms.

17. Disclaimers and Limitations of Liability

The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent permitted by law:

• The Company is not liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Services, including reliance on AI-generated responses, service interruptions, or loss of data.
• The Company’s total liability, whether in contract, warranty, tort, or otherwise, will not exceed the amount paid by you for the Services in the 12 months preceding the claim.

18. Indemnification

You will defend and indemnify the Company against claims arising from Your Content, your end users (if you are a Customer), or your breach of these Terms or applicable law.

19. Dispute Resolution

If you have a dispute with us, contact legal@divinci.ai first — most concerns can be resolved informally within 30 days. Any dispute not resolved informally will be resolved by binding arbitration in Los Angeles, California, on an individual basis (no class actions), except that either party may bring qualifying claims in small-claims court or seek injunctive relief for intellectual-property misuse. You may opt out of arbitration by emailing legal@divinci.ai within 30 days of first accepting these Terms.

20. Termination

We may suspend or terminate your access to the Services if you breach these Terms or if we determine, in our sole discretion, that your continued access may harm the Company or other users. You may stop using the Services and delete your account at any time; wallet balances and data are handled as described in Section 6 and the Privacy Policy.

21. Amendments to Terms

We reserve the right to update or modify these Terms at any time. When material changes are made, we will notify you through our Services or other communication channels. Your continued use of the Services after any updates constitutes your acceptance of the revised Terms.

22. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict-of-laws principles. Subject to Section 19, any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts located in Los Angeles, California.

23. Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us at:

Divinci AI, Inc.
Email: legal@divinci.ai
Address: Los Angeles, California, USA