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Legal Documents

Last updated: 9/5/2025

Translation: This document is an automatic translation of the original version written in French. In case of divergence of interpretation or conflict, the French version prevails and is the only one that counts. Original version available here: French version.

Table of Contents

TERMS OF USE (TOU)

Version in effect as of: November 20, 2025

Article 1 - Definitions
Service: All functionalities offered via the diven.app website and the Diven mobile application.
Publisher: Qoulou SRL.
User: Any natural or legal person using the Service.
Account: The User's personal space.
User Content: Any keyword, image or data provided by the User to the Service.
Generated Content: Any text or image created by the Service in response to User Content.
Credits: Virtual units representing a limited license to access paid features of the Service.

Article 2 - Object and Acceptance These TOU govern the use of the Service. By creating an Account or using the Service, you accept these TOU in their entirety. If you do not accept them, do not use the Service.

Article 3 - Modification of TOU We may modify these TOU. In case of substantial modification, you will be notified at least 15 days in advance. Use of the Service after this date constitutes acceptance of the new conditions.

Article 4 - User Account The User must be at least 18 years old to use the Service. The User must provide accurate information. They are responsible for the security of their Account and credentials.

Article 5 - Share Images and Generated Content 5.1 - Ownership and rights on images Share images generated by the Service are created based on the content you provide. You do not own exclusive rights to these images. The images are the property of the Service and may be shared among multiple users. You pay credits for the image generation service.

5.2 - Watermark All share images generated include a watermark with the Service's branding for marketing purposes. This watermark is permanently embedded and cannot be removed. By generating share images, you accept this condition.

5.3 - Your rights (GDPR) You have the right to export a list of all images you have generated, access download links for these images, and request deletion of your image generation records when deleting your account.

5.4 - Retention and deletion The Service reserves the right to delete images at any time, particularly for technical optimization, legal compliance, or when images are no longer used.

Article 6 - Service Description and AI Warning The Service provides tools, including those based on artificial intelligence, to create Generated Content.

Important Warning: Generated Content is produced by third-party artificial intelligence systems (notably Google Gemini). Although we use safety filters to block inappropriate content, these filters are not infallible and may allow inappropriate, inaccurate, offensive, biased, or otherwise problematic content to pass through.

The Publisher disclaims all responsibility regarding:

  • Inappropriate, offensive, or harmful content that may be generated despite safety filters
  • The accuracy, completeness, relevance, or quality of Generated Content
  • Errors, inaccuracies, biases, or outdated content in Generated Content
  • Similarity of Generated Content to existing works
  • Damages resulting from the use of Generated Content

Generated Content does not constitute professional, medical, legal, or financial advice. It is the exclusive responsibility of the User to critically evaluate Generated Content, verify its accuracy, assess its suitability for their needs, and not use or share inappropriate content. The Service is provided "as is" without warranty of any kind.

Article 7 - Service Use and Moderation
7.1 Prohibited Uses
The User undertakes not to use the Service to create illegal, hateful, defamatory, pornographic content, violating third-party rights (including intellectual property), or for any disinformation, spam or malicious activity.
7.2 Content Reporting (DMCA & DSA)
For EU (DSA): Any content deemed illegal may be reported to Legal Team.
For USA (DMCA): If you believe your copyright has been violated, please send a DMCA-compliant notification to our designated agent, whose contact details are available in our Legal Notices.
7.3 Internal Complaint System (EU)
In accordance with the DSA, any User whose content has been removed, or whose Account access has been restricted, has the right to file an internal complaint with the Publisher. The complaint may be addressed to Legal Team. The Publisher will process this complaint within a reasonable time.
7.4 AI-Generated Content (Asia)
If you are a user based in a jurisdiction, particularly in China, that requires mandatory labeling of AI-generated content, it is your sole responsibility to comply with this obligation by clearly labeling the Generated Content before publicly distributing it.

Article 8 - Intellectual Property
8.1 Service Ownership
The Service and all its components are the exclusive property of the Publisher.
8.2 User Content
You remain the owner of your User Content and grant us a license to operate and improve the Service.
8.3 Generated Content and License to Publisher
Copyright in the Generated Content, if it exists and is protectable under the law of your jurisdiction, belongs to you. It is your sole responsibility to ensure that your User Content provides sufficient human creative contribution to be protectable by copyright.
You grant us a worldwide, irrevocable, free and sublicensable license to use, copy, modify and distribute this Generated Content. This license allows us to operate, improve, train our AI models, and promote the Service. The use of your User Content for training purposes will comply with Directive (EU) 2019/790 and in particular the opt-out reservations expressed in a machine-readable manner.

Article 9 - Liability
The Publisher is subject to an obligation of means. Our service is provided in accordance with the described functionalities, but we provide no guarantee as to the quality, originality, relevance, accuracy, or appropriateness of the Generated Content.

Liability regarding Generated Content: The Publisher uses third-party safety filters (notably Google Gemini) to block inappropriate content, but these filters are not perfect. The Publisher expressly disclaims all responsibility regarding:

  • Inappropriate, offensive, harmful, or otherwise problematic content that may be generated despite filters
  • Errors, inaccuracies, biases, or outdated content in Generated Content
  • Direct or indirect damages resulting from the use of Generated Content
  • Violation of third-party rights by Generated Content

Liability regarding third-party services: The Publisher's liability cannot be engaged in case of failure of third-party services (AI APIs, hosts, safety filters). The Publisher does not guarantee the continuous or error-free operation of these third-party services.

Financial liability limitation: Our financial liability is limited, all damages combined, to the higher of five hundred euros (500 EUR) and the sums you have paid us in the last six (6) months.

In case of bankruptcy, dissolution or disappearance of the Publisher, no liability or refund obligation may be invoked by the User.

Article 10 - Indemnification
You agree to indemnify, defend and hold harmless the Publisher from any claim, loss, expense (including reasonable attorney fees) arising from your violation of these TOU or your use of the Service.

Article 11 - Service Stop and Modification
In case of definitive stop of the Service, we will notify you at least sixty (60) days in advance, during which you can use your remaining Credits. After this period, they will be lost without refund. In case of disappearance of the application or the Publisher, remaining Credits will be automatically lost without refund.

Article 12 - Termination
You can terminate your Account at any time. We may terminate it for violation of the TOU. Termination results in loss of unused Credits.

Inactive accounts (without login) for a period of twelve (12) consecutive months may be deleted. You will be notified by email at least one (1) month before the final deletion of your Account, during which you can reconnect to avoid deletion. This deletion will result in the loss of all your unused Credits without refund.

Article 13 - General Provisions
Divisibility: If a clause is deemed inapplicable, the other clauses remain in force.
No waiver: The fact of not exercising a right does not constitute a waiver of that right.
Language of reference: The French version of these documents is the only one that takes precedence in case of dispute. Translations are provided for information purposes.

Article 14 - Applicable Law and Jurisdiction
These TOU are governed by Belgian law. Except for mandatory provisions to the contrary or specific provisions below, any dispute will be under the exclusive jurisdiction of the courts of the Walloon Brabant district (Belgium).

Article 15 - Specific Provisions for Users Residing in the United States
If you reside in the United States, the following provisions apply and take precedence over any conflicting provision:
Binding Individual Arbitration: Any dispute, claim or controversy arising from or related to these TOU or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its commercial arbitration rules. The seat of arbitration will be the State of Delaware, and the procedure may be conducted virtually.
Class Action Waiver: YOU AND THE PUBLISHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Liability Cap: Our total liability to you will not exceed the higher of five hundred US dollars (500 USD) and the amounts you have paid us in the last six months.
Applicable Law: These TOU and any dispute will be governed by the laws of the State of Delaware, without regard to conflict of law principles.

SALES TERMS

Version in effect as of: November 20, 2025

Article 1 - Object These Sales Terms govern the purchase and use of Credits and supplement the TOU.

Article 2 - Nature of Credits Credits constitute a limited, prepaid, non-refundable and non-transferable right of use to access paid features of the Service. They have no monetary value outside the Service.

Article 3 - Order and Payment Payment is made via mobile application platforms (Google Play Store, Apple App Store), subject to the general conditions specific to these platforms. Prices are indicated including all taxes. These Sales Terms are accepted by the User upon account creation as part of the Terms of Use.

Article 4 - Right of Withdrawal and Refund Policy

European Law (EU Directive 2011/83/EU):
In accordance with European law, by placing an order, you request immediate execution of the service and expressly acknowledge losing your right of withdrawal as soon as the Credits are delivered to your Account.

Google Play Store Refund Policy:
Purchases made through Google Play Store are also subject to Google's own refund policy, which provides additional consumer protection:

  • 48-Hour Refund Window: You may request a refund within 48 hours of purchase by contacting Google Play directly (not the Publisher).
  • Google's Evaluation: Google Play evaluates refund requests on a case-by-case basis. Refunds for consumable products (Credits) are typically granted if the Credits have not been consumed (spent).
  • Refund on Consumed Credits: If you have already spent the Credits, Google Play may deny your refund request. However, Google reserves the right to approve refunds at their discretion.
  • Refund Process: All refunds are processed by Google Play Store. Contact Google Play support at https://support.google.com/googleplay.
  • Credit Deduction: If a refund is approved by Google Play, the Publisher will deduct the purchased Credits from your Account. If you have already spent the Credits, the Publisher may be unable to deduct them, but the refund will still be processed by Google.
  • Refund Abuse Prevention: The Publisher monitors refund activity to maintain a fair system for all users. If a refund results in a credit shortage :
    • First Notice (0-7 days): You will receive an email notification requesting resolution within 7 days. During this period, you can purchase credits through the app to cover the shortage and restore your account to good standing.
    • Account Suspension (After 7 days): If the shortage is not resolved within the 7-day deadline, your account will be suspended (sign-in blocked). You can still purchase credits through the Google Play Store and contact support at {supportEmail} to verify the purchase and restore your account manually.
    • Automatic Restoration: Once you purchase sufficient credits to cover the shortage, your account status will be automatically restored (if within the 7-day period) or manually restored by support (if after suspension).
  • Repeat Offenses: Multiple unresolved refund incidents may result in permanent account suspension. Abusive behavior may also be reported to Google Play and may result in restrictions across the Google Play ecosystem.
  • Publisher's Role: The Publisher does not initiate, approve, or deny refunds. All refund decisions are made by Google Play Store.

After 48 Hours:
After the 48-hour window, purchases are final and non-refundable, except in cases of technical failure or fraud (see Article 5).

Article 5 - Validity and Refund Credits have no expiration date as long as the Service is active. After the 48-hour Google Play refund window has expired, Credits are not refundable, including in case of technical problem, bug, malfunction or deletion of the Service or the Publisher. For refunds within 48 hours, see Article 4.

Article 6 - Disputes and Mediation For any complaint, contact Contact Us. In accordance with Belgian law, you can also call on the Consumer Mediation Service free of charge (mediationconsommateur.be).

PRIVACY POLICY

Version in effect as of: November 20, 2025

Article 1 - General Principles Qoulou SRL, as data controller, undertakes to protect your personal data. For any question, contact Legal Team. The Privacy Policy is permanently accessible from the application listing on stores (Google Play / App Store) and directly in the application.

Article 2 - Data Collected We collect identification data (email), usage data (keywords, generated content), connection data (IP) and transaction data (purchase history via stores).

Article 2.1 - Age Requirement The Service is intended for Users who are 18 years of age or older. By using the Service, you represent and warrant that you are at least 18 years old. If you are under 18, you must not use the Service.

Article 3 - Purposes and Legal Bases

PurposeLegal basis
Provision and management of the ServiceContract performance (TOU)
Credit purchaseContract performance (Sales Terms)
Security and maintenanceLegitimate interest
Service improvement and training of our algorithmsLegitimate interest
Audience analysis (aggregated)Consent (cookies)
Compliance with legal obligationsLegal obligation

Processing based on our legitimate interest is justified by a Legitimate Interest Assessment (LIA) that has taken into account the necessity of processing to provide a high-quality service and the safeguards we implement to protect your rights, including data minimization. You can object to this processing by contacting us.

Article 4 - Data Sharing and Transfers We share data with our technology partners to operate the Service: Google (Firebase, Gemini), OpenAI, Stability AI, Pexels, and OVHcloud. Some of these partners being located in the United States, transfers are framed by legal guarantees (Standard Contractual Clauses or Data Privacy Framework, subject to the partner being certified). In case of transfer to third countries outside the EU/USA, other protection mechanisms, such as security assessment, may be applied depending on local legislation. For data transfers outside China, we comply with Chinese PIPL requirements, including the security assessment required by the Cyberspace Administration of China (CAC).

Article 5 - Your Rights (GDPR) You have the right to access, rectify, erase, limit, object and portability of your data. Contact us to exercise these rights. A simple and accessible mechanism from your Account also allows you to download your data, delete them, and withdraw your consent to tracking.

Article 6 - Retention Period We keep your data as long as your Account is active, then for the time necessary to satisfy our legal obligations and settle disputes (generally 5 to 10 years after Account deletion).

Legal Documents - Diven