Davia — Terms of Use

Effective date: 31 July 2026 · Version: 1.1

These Terms of Use ("Terms") are a binding agreement between you and Davia Labs, Inc., a Delaware corporation with its registered office at c/o Resident Agents Inc., 8 The Green, Suite R, Dover, DE 19901, USA ("Davia", "we", "us"), and govern your access to and use of the Davia game, website, applications, and related services (the "Service").

Davia is an AI-powered, character-first sandbox role-playing game. You can play a character in a persistent world, take actions, converse with characters, and create, publish, and remix worlds, characters, stories, and related assets.

By creating an account, signing in, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms incorporate the following documents:

• the Community & Content Guidelines; and
• the Copyright, Trademark & Intellectual Property Policy.

1. Eligibility and age

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using the Service, you represent that you meet those requirements. We may suspend or terminate access if we reasonably believe an account is being used by someone under 18.

2. Your account

The Service currently supports email verification codes, Google sign-in, and guest access for some features. You are responsible for activity under your account and for keeping access to your email and identity-provider account secure. Tell us promptly at contact@davia.ai if you believe your account has been used without authorization. You may not sell or transfer your account.

Guest access may be temporary and may not preserve all progress or content.

3. The Service and artificial intelligence

The Service uses artificial intelligence to generate or transform text, images, music, sound, characters, scenes, and events. Content on Davia may be created by users, generated by AI, supplied by Davia, or combine those sources.

You acknowledge that:

• AI output may be inaccurate, inconsistent, offensive, or unexpected;
• characters are software-driven representations, not human beings, and do not have human feelings, intentions, or professional qualifications;
• safety systems may allow or restrict content imperfectly; and
• the same or similar output may be generated for other users.

4. Entertainment only and wellbeing

The Service is for entertainment. It is not an emergency service and is not a source of medical, mental-health, legal, financial, or other professional advice. Do not rely on a character as a human or qualified professional.

If you or someone else may be in immediate danger, contact local emergency services. If you are experiencing a crisis or considering self-harm, contact a local crisis service or find an appropriate helpline at findahelpline.com.

5. Your Content

"Your Content" means material you submit, upload, or author through the Service, including prompts, actions, messages, worlds, characters, maps, statistics, rules, images, audio, and other assets. AI-generated output is addressed separately in Section 6.

Ownership

As between you and Davia, you retain the rights you already hold in your original contributions. You do not obtain rights in third-party material merely because you uploaded it or because the Service processed it.

License needed to operate the Service

You grant Davia a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, technically adapt, display, and transmit Your Content to the service providers that help us operate, secure, maintain, and support the Service.

For content you publish, this license also permits Davia to make it available to other users, distribute it through the Service, create technical previews and promotional extracts, and promote the published content and the Service.

Remix license

Publishing a game enables the Service's remix feature. You grant Davia the right to allow authenticated users to make a complete in-Service copy of a published game version and to modify, play, and publish that copy through the Service. The copy may include its world, map and cells, characters and other entities, landmarks, statistics, rules, premise, descriptions, cover, and other assets included in that version.

This remix permission is non-exclusive, worldwide, royalty-free, and limited to the Service's play and creator features. It does not permit another user to extract or exploit your content outside the Service unless you separately allow it. A remix is an independent creation: changes to the source do not update the copy, and deleting or unpublishing the source does not automatically delete remixes already created. The license survives for existing remixes to the extent needed to operate, review, unpublish, or remove them under these Terms.

Davia may preserve and display source, version, creator, and remix-lineage information. You may not use remixing to misrepresent who created a game or to remove or falsify provenance information supplied by the Service. A rights or safety action may affect a source game, one or more related remixes, or both, depending on what each version contains.

You can grant only rights you actually hold. The remix feature does not transfer ownership, create rights in third-party material, or certify that the source or remix is lawful. A remixer receives no broader rights than the source creator could grant and is responsible for their additions and for any remix they publish.

These Terms do not grant Davia a separate license to use Your Content to train general-purpose AI models. If Davia introduces such a use, it will require separate notice and any choice required by applicable law. Content may still be processed by AI providers as necessary to return the features and outputs you request.

Removal and account closure

You may request deletion of your account or specific content by emailing contact@davia.ai. We may retain limited copies where reasonably necessary for backups, security, fraud prevention, legal obligations, disputes, or the protection of others. Removal may take a reasonable period to propagate through backups and service providers. Published content may become unavailable when it is removed or when the associated account is closed. Existing independent remixes may remain available as described above. We may retain remix-lineage and enforcement records where reasonably necessary to handle rights claims, safety, fraud, disputes, or legal obligations.

6. AI-generated output

As between you and Davia, we do not claim ownership of output generated for you through the Service, subject to these Terms, applicable law, and third-party rights. However:

• we do not warrant that output is original, unique, protectable by copyright, accurate, or free of third-party rights;
• purely AI-generated material may not qualify for copyright protection; and
• you are responsible for reviewing how you use or publish output.

7. Acceptable use

Your use of the Service must comply with the Community & Content Guidelines. In particular, you may not use the Service to create, request, upload, or publish:

• child sexual abuse material or any sexualization or exploitation of minors;
• sexual content or non-consensual intimate content;
• content that facilitates or encourages suicide, self-harm, terrorism, serious violence, exploitation, or other serious crime;
• credible threats, targeted harassment, hateful conduct, impersonation, or the disclosure of another person's private information;
• malware, fraud, scams, or attempts to compromise the Service or another user; or
• content that infringes intellectual-property, privacy, publicity, or other rights.

You also may not interfere with the Service, circumvent access or safety controls, scrape or access it through unauthorized automated means, extract or redistribute its models or confidential system components, or reverse-engineer the Service except where applicable law expressly permits it.

8. Creating and publishing

When you publish content for other people to see or play, you represent and warrant that you own the necessary rights or have another sufficient legal basis for the content and for the license granted to Davia. This includes rights in:

• text, characters, worlds, rules, and maps;
• images, visual references, music, sound, and other assets;
• names, logos, and trademarks; and
• the name, image, likeness, voice, or other attributes of any real person.

Calling something "fan-made" or "fanart" does not by itself make the use lawful. If published content includes AI-generated or synthetic material, a real person, or real-world political or historical events, you must describe it in a way that does not misleadingly present fiction or simulation as authentic fact.

Because publishing enables remixing, your rights must also be sufficient for the remix license in Section 5. Do not publish material if you are not permitted to authorize the in-Service copying and adaptation that the feature performs.

We may refuse, remove, unpublish, restrict, or geo-restrict content that we reasonably believe violates these Terms, the incorporated policies, applicable law, or the rights or safety of others.

9. Third-party rights and fan-created content

You are responsible for the content you create and publish. Davia does not certify that fan-created content or any use of a third party's characters, worlds, brands, art, music, or likeness is lawful. Exceptions such as fair use, parody, or quotation vary by jurisdiction and depend on the facts.

The fact that a game can be remixed does not mean its creator owned every element or could authorize every reuse. Before publishing a remix, you must review the copied material and your changes and have rights or another sufficient legal basis for the resulting publication.

We may act on valid infringement notices under the Copyright, Trademark & Intellectual Property Policy.

10. Private play and public content

Private play is not publicly displayed by default, but it remains subject to the hard prohibitions in these Terms and the Community & Content Guidelines. Content submitted during private play is processed by the systems and providers needed to generate the experience and may be reviewed in limited circumstances for security, support, abuse prevention, or legal compliance.

Public content can be viewed, played, indexed, shared, and remixed by other people. Do not publish information or material you expect to remain private or that you are not permitted to license for those uses.

11. Reports and enforcement

You can report content, conduct, or a legal concern by emailing contact@davia.ai and including the relevant page URL or stable identifier, the reason for the report, and any useful supporting information. Copyright and trademark reports should follow the Copyright, Trademark & Intellectual Property Policy.

This email is not monitored as an emergency service. If someone may be in immediate danger, contact local emergency services.

We may investigate a report and take action including restricting content or an account, preserving information, or notifying authorities where required by law. We are not required to resolve private disputes between users or determine the ultimate ownership of contested rights.

12. Credits, subscriptions, rewards, and payments

Credits are a limited license to access certain Service features, including gameplay turns and character conversations. They have no monetary value, are not transferable, and are not redeemable for cash.

Purchases and subscriptions

Davia offers one-time credit purchases and automatically renewing monthly subscriptions through Stripe. Before checkout, the Service identifies the price, currency, billing interval where applicable, and number of credits offered. A subscription grants the stated credits after each successfully paid invoice and renews each month until canceled.

You can manage or cancel a subscription through the Stripe customer portal linked from the Credit Shop. Cancellation stops future renewals but does not remove credits already granted. Purchased credits do not expire while your account and the Service remain available. We may change future subscription prices or benefits with the notice required by applicable law; a change does not reduce credits already granted.

Discount or promotion codes may have separate eligibility, duration, and use conditions displayed at checkout.

Promotional credits and referrals

Davia may offer promotional credits for activities such as creating or connecting an account, returning to claim a periodic reward, or referring a new player. The Service may display eligibility rules, reward amounts, waiting periods, reserve limits, referral limits, and other program conditions. These offers may be changed, suspended, or ended, subject to applicable law.

Do not self-refer, create duplicate or automated accounts, send unlawful or unsolicited referral messages, misrepresent an offer, or otherwise manipulate a reward program. We may withhold or reverse promotional credits and restrict participation where we reasonably identify mistake, abuse, fraud, or a breach of these Terms. Promotional credits are not purchased credits and may be subject to the conditions of the relevant offer.

Billing issues and mandatory rights

If a paid action fails for technical reasons or you have a billing issue, contact contact@davia.ai. We may restore affected credits or issue a refund where appropriate or required by law. Taxes, withdrawal rights, refunds, subscription-cancellation rights, and other mandatory consumer rights continue to apply where applicable.

13. Privacy and data

Operating the Service involves processing account identifiers, profile and language preferences, gameplay and conversation content, creator and remix content, generated outputs, purchase and subscription records, reward and referral activity, support and feedback communications, and usage, device, security, analytics, and diagnostic data. Referral anti-abuse controls may use signals derived from network information, such as a hashed IP address.

We use service providers for authentication, databases and storage, AI generation, hosting and content delivery, payments, analytics, error monitoring, and communications. For connected accounts, completing a first game may trigger a one-time feedback message using the account email, first name if available, interface or game language, and playthrough identifier. You may ask us at contact@davia.ai to stop non-essential email communications.

The Privacy Policy describes these practices in more detail, including the current use of analytics, diagnostics, and session replay.

Do not submit highly sensitive personal information that is not needed to use the Service. To request access to or deletion of information associated with your account, contact contact@davia.ai. Some records may be retained where required for security, disputes, payments, tax, accounting, or other legal obligations.

14. Davia's intellectual property

The Service, including the Davia name and brand, software, engine, interfaces, and content supplied by Davia, is owned by Davia or its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal entertainment and to use the creator features as they are made available. This does not permit resale, unauthorized commercial exploitation, or extraction of Service content or technology.

15. Third-party services and links

The Service relies on third parties for features such as identity verification, hosting, AI generation, payments, analytics, monitoring, and communications. It may also link to third-party websites or services. A third party's own terms and privacy practices govern your direct use of its service, such as Google sign-in or Stripe checkout. Our providers may process information on our behalf as described in Section 13 and any privacy notice made available for the Service.

We do not control third-party services and are not responsible for their acts, content, availability, or security, except to the extent applicable law provides otherwise. We may add, replace, or discontinue a provider or integration as the Service evolves.

16. Availability, changes, and termination

We may modify, suspend, or discontinue part or all of the Service, including specific models, features, worlds, or characters. You may stop using the Service at any time. We may suspend or terminate access for breach of these Terms or where reasonably necessary to protect Davia, users, third parties, or the Service.

Some features may be identified as early access, preview, beta, or experimental. They may be incomplete, change materially, contain errors, or become unavailable. If participation involves special conditions or a planned progress reset, we will describe those conditions through the Service. This paragraph does not limit refund, service-conformity, or other rights that cannot lawfully be limited.

Sections that by their nature should survive termination, including provisions about rights, licenses already exercised, disclaimers, liability, disputes, and indemnification, will continue to apply.

17. Disclaimers and limitation of liability

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind. We do not warrant that the Service or any AI output will be accurate, safe, uninterrupted, or fit for a particular purpose.

To the maximum extent permitted by law, Davia will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost data or content. Davia's total aggregate liability is limited to the greater of the amount you paid us in the six months before the claim or USD 100. Nothing in these Terms excludes or limits liability or consumer rights that cannot lawfully be excluded or limited.

18. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Davia and its officers, directors, and employees from third-party claims, damages, losses, liabilities, and reasonable legal costs arising from content you publish, your infringement of another person's rights, or your material violation of these Terms.

19. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules, except that the U.S. Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.

For users in the United States, before starting arbitration, either party must send the other a written Notice of Dispute and allow 30 days to try to resolve the dispute informally. Your notice must include your name, contact information, the account involved if applicable, a description of the dispute, and the relief requested. Send notices to contact@davia.ai or the postal address in Section 22. Davia will send its notice to the email or postal address associated with your account.

Except for a qualifying individual small-claims action or a request for temporary or injunctive relief to protect intellectual property, confidential information, or Service security, an unresolved U.S. dispute will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The proceeding may take place by documents, telephone, or video, or at another reasonably convenient location as the applicable rules require. Fees will be allocated under those rules, and Davia will pay the amounts the rules require it to pay.

The arbitrator may award the same individual remedies a court could award. You and Davia waive a jury trial and may bring claims only in an individual capacity, not as a plaintiff or class member in a class, collective, consolidated, or representative proceeding, to the extent permitted by law. If this class-action waiver is unenforceable for a particular claim or remedy, that claim or remedy may proceed in court after the arbitrable claims are resolved.

You may opt out of this arbitration agreement by emailing contact@davia.ai within 30 days of first accepting these Terms and stating your name, the email associated with your account, and that you opt out. Nothing in this section prevents either party from reporting a matter to a government agency or regulator.

This section does not remove mandatory rights or forums available to consumers under the law of their place of residence.

20. Export and sanctions

You may not use the Service in violation of applicable export-control or sanctions laws or while acting for a prohibited person or entity.

21. Changes to these Terms

We may update these Terms. We will change the version and effective date and, for material changes, provide reasonable notice. Where required, we may ask you to accept the updated Terms before continuing to use the Service.

22. Miscellaneous and contact

If a provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. These Terms and the incorporated policies form the agreement concerning the Service. You may not assign these Terms without our consent. We may assign them as part of a merger, reorganization, financing, or sale of all or part of our business, subject to rights that applicable law does not allow us to limit.

We are not responsible for a delay or failure caused by events reasonably beyond our control, but this does not remove payment, refund, or consumer obligations that applicable law requires. If you send ideas or feedback about Davia, you allow us to use them without restriction or compensation; this does not change the ownership or licenses for Your Content described in Section 5.

Questions about these Terms: contact@davia.ai · Davia Labs, Inc., c/o Resident Agents Inc., 8 The Green, Suite R, Dover, DE 19901, USA.