Terms of Service

TERMS OF SERVICE & ACCEPTABLE USE POLICY

Last Updated: December 11, 2025

1. INTRODUCTION AND ACCEPTANCE Welcome to Digital Divas. These Terms of Service (“Terms”) constitute a binding legal agreement between you (“Client” or “User”) and Digital Divas LLC, a Limited Liability Company registered in New Mexico (“Company,” “we,” or “us”).

By purchasing a setup package, subscription, or accessing our community, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access our services.

2. DESCRIPTION OF SERVICES Digital Divas operates as a technical consultancy and software-as-a-service (SaaS) provider. We provide:

  • Configuration Files: Custom AI character definitions and workflow configurations.

  • Technical Setup: Installation of open-source software (e.g., ComfyUI) on the Client’s independent cloud infrastructure (e.g., RunPod).

  • Educational Support: Consulting and mentorship via our private Discord community.

Disclaimer of Hosting: Digital Divas is not a content hosting platform. We do not host, store, or generate the end-user’s content on our servers. All content generation occurs on the Client’s private cloud instance.

3. ACCEPTABLE USE POLICY (AUP) – STRICT ENFORCEMENT While Digital Divas provides the technical tools, the Client is solely responsible for how those tools are used. However, we maintain a Zero-Tolerance Policy regarding the following prohibited activities.

You agree NOT to use the configurations, workflows, or knowledge provided by Digital Divas to generate, distribute, or promote:

  1. Child Sexual Abuse Material (CSAM): Any content depicting minors in a sexualized manner. NOTE: Digital Divas complies with federal law and will report any suspected CSAM to the National Center for Missing & Exploited Children (NCMEC) and relevant authorities.

  2. Non-Consensual Sexual Content (NCSC): “Deepfakes” or realistic depictions of real-world individuals without their explicit written consent.

  3. Brand Damaging & IP Infringement: Content that infringes on the trademark, copyright, or likeness of third parties (e.g., celebrities, corporate mascots, or protected brands).

  4. Violence and Hate Speech: Content promoting illegal acts, self-harm, gratuitous violence, or hatred based on race, ethnicity, religion, or gender.

Violation Consequences: If a Client is found to be in violation of this AUP within our community or support channels:

  • Their access to the Digital Divas community will be permanently terminated.

  • Their license to receive software updates will be revoked.

  • No refunds will be issued for any portion of fees paid.

4. THIRD-PARTY INFRASTRUCTURE (RUNPOD) Our services involve setting up software on third-party cloud rental platforms (specifically RunPod.io).

  • Client Responsibility: The Client is responsible for their own relationship, billing, and account standing with RunPod.

  • No Liability: Digital Divas is not responsible for outages, data loss, or price changes initiated by RunPod or other third-party infrastructure providers.

5. PAYMENT AND REFUND POLICY Digital Divas provides high-touch professional services and digital goods.

  • Setup & Mentorship Packages ($995 – $1,495): These fees cover the labor and intellectual property required to configure your custom environment. Once the setup process has commenced or the configuration files have been delivered, setup fees are non-refundable.

  • Subscriptions: Monthly support subscriptions (Basic, Supernova, Mentorship) may be cancelled at any time. Cancellations will take effect at the end of the current billing cycle. No partial refunds are issued for unused days in a month.

  • Chargeback Disputes: We have a strict zero-tolerance policy for friendly fraud. If a Client initiates a chargeback for a non-refundable service they received, we reserve the right to dispute the chargeback using this signed agreement and permanent ban the Client from all future services.

6. INTELLECTUAL PROPERTY RIGHTS

  • The Content You Generate: As the operator of the AI, you own the rights to the images and content you generate, subject to the laws of your jurisdiction.

  • The Tools We Provide: Digital Divas retains all rights to our proprietary workflows, custom nodes, training materials, and documentation. You are granted a limited, non-transferable license to use these tools for your personal or commercial generation purposes. You may not resell, redistribute, or pirate the configuration files themselves.

7. DISCLAIMER OF WARRANTIES The services are provided “as is.” Generative AI is an experimental technology. Digital Divas makes no guarantees regarding:

  • The specific aesthetic output of every generation.

  • The continued compatibility of open-source tools (e.g., if ComfyUI releases a breaking update, we will strive to support it, but cannot guarantee immediate compatibility).

8. LIMITATION OF LIABILITY To the maximum extent permitted by law, Digital Divas LLC shall not be liable for any indirect, incidental, or consequential damages arising from the use of our configurations or the content generated by the Client. Liability is limited to the amount paid by the Client to Digital Divas in the six (6) months prior to the claim.

9. GOVERNING LAW These Terms shall be governed by the laws of the State of New Mexico, without regard to its conflict of law provisions.

10. CONTACT INFORMATION For support or legal inquiries, please contact us via our Discord support ticket system or at: admin@digitaldivas.ai