DiActa — Terms of Service

Effective date: August 21, 2026 Last updated: August 21, 2026

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you and DiActa AI LLC, a Massachusetts limited liability company, doing business as DiActa ("DiActa", "we", "us", "our"). They govern your access to and use of the DiActa website at diacta.ai, the DiActa web application, and all related services (together, the "Service").

By creating an account, clicking to accept these Terms, or using the Service, you agree to them. If you do not agree, do not use the Service.

If you are agreeing on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

2. Eligibility

You may use the Service only if you:

• are at least 18 years old;
• are using the Service for business or professional purposes, not as a consumer;
• are not barred from receiving services under the laws of the United States or any other applicable jurisdiction; and
• have not previously had a DiActa account suspended or terminated by us.

The Service is not directed to children and we do not knowingly collect information from anyone under 18.

3. The Service

DiActa is a software tool that helps businesses create and publish social media content. Depending on your plan, the Service may let you:

• generate draft social media copy using artificial intelligence, tailored per platform;
• generate images for those posts using artificial intelligence;
• store a brand profile (name, description, audience, voice, colors, typography, and similar preferences) that informs what is generated;
• optionally scan a website URL you provide, so we can pre-fill that brand profile;
• connect your social media accounts and publish or schedule posts to them;
• manage multiple client brands, on plans that include that feature.

DiActa is an authoring and publishing tool. It is not a marketing agency, and we do not review, approve, or endorse anything you generate or publish through it.

We may change, add, or remove features over time. If we make a change that materially reduces core functionality of a paid plan, we will give you reasonable notice and, at your option, a pro-rated refund of the unused portion of your then-current billing period.

4. Your account

You must provide accurate registration information and keep it current. You are responsible for:

• safeguarding your password and any access credentials;
• all activity that occurs under your account, whether or not you authorized it; and
• notifying us promptly at security@diacta.ai if you suspect unauthorized access.

We are not liable for losses arising from someone else using your credentials, though we will act reasonably to help you regain control of a compromised account.

Team and agency accounts. If your plan supports additional users or multiple client brands, the account owner is responsible for the acts and omissions of everyone they invite, and for ensuring each such person complies with these Terms.

5. Plans, quotas, and fair use

The Service is offered in tiers. Each tier includes a stated allowance of post generations per month, and may include allowances for other features such as animated posts, connected social accounts, or client brands. Current allowances and prices are shown on our pricing page and in your account.

You agree that:

• Allowances are per billing period and do not roll over. Unused generations expire at the end of the period.
• We apply technical rate limits to protect the Service and control third-party costs, including limits on how many images may be generated in a short window. These limits sit above normal use; if you hit one, you may simply need to wait.
• Allowances are for your own business (or, on agency plans, your own clients). You may not resell, share, or provide access to your account allowance to unrelated third parties, or use automated means to consume allowance at machine scale.

If your usage materially exceeds what your plan contemplates, or degrades the Service for others, we may contact you to move to a suitable plan, apply rate limits, or suspend the account.

6. Free trials, fees, billing, and cancellation

Please read this section carefully — it describes automatic charges.

6.1 Free plan

We may offer a free tier with limited allowances and reduced functionality. We may change or discontinue the free tier at any time.

6.2 Free trials convert to paid subscriptions automatically

Where we offer a 14-day free trial on a paid plan:

• A valid payment method is required to start the trial.
• The trial runs for 14 days from the date you start it.
• Unless you cancel before the trial ends, your subscription automatically converts to a paid monthly subscription at the then-current price for that plan, and your payment method will be charged. The trial does not lapse into the free tier.
• You may cancel at any time during the trial, at no charge, from the billing area of your account.

6.3 Subscriptions renew automatically

Paid subscriptions are billed monthly in advance and renew automatically for successive one-month terms at the then-current price, charged to your payment method on each renewal date, until you cancel.

6.4 How to cancel

You may cancel at any time from the billing area of your account, or by emailing support@diacta.ai. Cancellation takes effect at the end of your current billing period. You keep access to paid features until then; after that your account reverts to the free tier. We do not pro-rate partial months.

6.5 Changing plans

Upgrades take effect immediately, and you are charged a pro-rated amount for the remainder of the current period. Downgrades take effect at the end of your current billing period — you keep the higher tier's features, which you have already paid for, until that date.

6.6 Refunds

Except where required by law, or as expressly stated in these Terms, fees are non-refundable and we do not provide refunds or credits for partial periods, unused allowances, or periods in which you did not use the Service.

6.7 Price changes

We may change prices. We will give you at least 30 days' notice before a price change affects you, by email or in-app. The new price applies from your next renewal after the notice period. If you don't agree, cancel before that renewal.

6.8 Taxes

Prices are exclusive of tax. We will add sales tax, VAT, GST, or other applicable transaction taxes where we are required to collect them. You are responsible for all other taxes arising from your use of the Service.

6.9 Failed payments

If a charge fails, we may retry it and may suspend or downgrade your account until payment succeeds. You remain responsible for amounts owed.

6.10 Payment processing

Payments are processed by Stripe. We do not receive or store your full card details. Your use of payment functionality is also subject to Stripe's terms.

7. AI-generated content — what we do and do not promise

This section is important. Please read it in full.

7.1 How generation works

When you request a generation, we send your inputs — your brief, your brand profile, and related context — to third-party AI model providers, currently Anthropic (text) and OpenAI (images). Those providers process the request and return a result, which we then show you.

7.2 Output is a draft, and you must review it

AI models produce output that can be inaccurate, misleading, biased, outdated, or entirely fabricated. They can misstate facts, invent details that were never in your brief, misspell words, render text incorrectly in images, and produce output that is unsuitable for your brand or audience.

You are solely responsible for reviewing, editing, fact-checking, and approving every piece of content before it is published. DiActa provides drafting tools; the editorial decision — and the responsibility for it — is always yours. Do not publish generated content you have not read.

7.3 Output is not guaranteed to be unique

Generative models can produce similar or identical output for different users given similar inputs. We do not warrant that any output is original, novel, or unique to you, and we cannot guarantee that output does not resemble existing material. You are responsible for any clearance or rights checks your situation calls for.

7.4 Rights in output depend on your plan

Paid plans. As between you and DiActa, and to the extent permitted by law, you own the content you generate on a paid plan, subject to your compliance with these Terms and payment of applicable fees. You may use it commercially, without restriction or attribution, including on behalf of your clients. We claim no ownership of your posts, your brand assets, or your generated images. This survives cancellation — content generated while you were paying stays yours.

Free plan — evaluation only. Content generated on the free plan is licensed to you for the sole purpose of evaluating the Service. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to view and assess it. On the free plan you may not:

• publish, post, distribute, or display the output publicly or commercially, on social media or anywhere else;
• sell, license, or transfer it to anyone, including a client; or
• remove, crop out, obscure, or alter any watermark we apply.

Free-plan images are watermarked. Upgrading to a paid plan immediately grants you full rights — as described above — in everything you generated while on the free plan, and unlocks those images without the watermark. You do not need to regenerate them.

7.5 Two things to understand about these rights

(a) Copyright in AI output is unsettled. Its legal status varies by jurisdiction, and in the United States purely AI-generated material may not be protectable at all. We make no representation that output is protectable by copyright, and the rights described in §7.4 are granted to you as a matter of contract, which does not depend on whether copyright exists.

(b) Provider terms flow through. Your rights in output are also subject to the terms of the underlying model providers named in §10.

7.6 No guarantee of results

The Service does not guarantee any level of reach, impressions, engagement, followers, leads, conversions, or revenue. Suggested posting times and platform best-practice guidance are informational estimates, not promises of performance.

8. Your content and the licence you give us

"Your Content" means everything you provide to or create through the Service: briefs, brand profiles, uploaded material, generated copy and images, and your published posts.

You keep all ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify (for formatting and display), transmit, and process Your Content — solely to operate, secure, support, and improve the Service, including transmitting it to the third-party providers described in §10 in order to fulfil your requests. This licence ends when you delete the content or your account, except for backups retained for a commercially reasonable period and anything we must keep by law.

You represent and warrant that you own or have all rights necessary to provide Your Content, and that Your Content and our permitted use of it will not infringe anyone's rights or violate any law.

Website scanning. If you ask us to scan a website to pre-fill your brand profile, you represent that you own that site or are authorized to use its content this way. We fetch publicly available pages at the URL you give us; we do not bypass access controls.

9. Connecting social media accounts

To publish through DiActa you authorize us to connect to your social media accounts (for example LinkedIn, Facebook, Instagram, or X) via those platforms' authorization flows.

You acknowledge and agree that:

• You must comply with each platform's own terms, policies, and community standards. Those terms govern your relationship with that platform; ours do not override them.
• You are responsible for everything published to your accounts through DiActa, including scheduled posts that publish later.
• We are not responsible for the platforms. They may change or withdraw their APIs, rate-limit us, reject content, delay or fail to publish, or restrict, suspend, or terminate your account, at any time and for their own reasons. Any of these can cause a post to fail or appear differently than previewed.
• You may revoke access at any time from within DiActa or from the platform itself. Doing so may stop scheduled posts from publishing.
• Publishing and scheduling are provided through a third-party integration partner (see §10).

Scheduled posts are not guaranteed to publish at an exact time. Platform and network conditions affect delivery.

10. Third-party services

The Service depends on third parties, and Your Content is transmitted to them as needed to deliver the features you use. These currently include:

We may change providers. Their processing of your data is described in our Privacy Policy. We are not responsible for the acts, omissions, availability, or terms of third-party services, and their failure may interrupt the Service.

11. Acceptable use

You agree not to use the Service to:

1. break any law, regulation, or third-party right, or promote anything illegal;
2. violate the terms, policies, or community standards of any social media platform;
3. send spam, or post repetitive, deceptive, or bulk unsolicited content;
4. impersonate any person, business, or organization, or misrepresent your affiliation with one;
5. publish content that is defamatory, harassing, hateful, obscene, sexually explicit, violent, or that targets a protected group;
6. create or distribute disinformation, fabricated news, deceptive political content, fake reviews or testimonials, or synthetic media intended to deceive about a real person's words or actions;
7. make false or unsubstantiated claims, including in regulated areas such as health, finance, or legal services;
8. infringe anyone's copyright, trademark, publicity, privacy, or other rights;
9. artificially inflate engagement, or operate bot networks, engagement pods, or coordinated inauthentic behaviour;
10. upload or generate material depicting minors inappropriately, or any content constituting child sexual abuse material;
11. probe, scan, penetration-test, overload, or interfere with the Service or its infrastructure, or bypass any rate limit, quota, authentication, or access control;
12. access the Service by automated means except as we expressly permit, or scrape it;
13. reverse-engineer, decompile, or attempt to derive source code, models, or prompts from the Service, except where that restriction is unenforceable by law;
14. resell, sublicense, or provide the Service to third parties except as expressly allowed by your plan; or
15. use output to train a competing machine-learning model, or to build a competing product.

We may investigate suspected violations and may remove content, restrict features, suspend, or terminate accounts. Where practical and lawful we will tell you why, but for serious violations we may act immediately and without notice.

12. Agency and multi-client use

If your plan lets you manage brands on behalf of clients, you additionally represent and warrant, for each client brand, that:

• you have that client's authorization to create content and to connect and publish to their social media accounts on their behalf;
• you have the right to upload their brand assets and materials to the Service; and
• you will ensure their use complies with these Terms.

You will indemnify us for claims arising from your use of the Service on behalf of any client, on the terms in §17.

13. Our intellectual property

The Service — including the software, interface, design, documentation, and the DiActa name, logo, and wordmark — is owned by us and our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your subscription. We reserve all rights not expressly granted.

Feedback. If you send us suggestions or feedback, we may use them freely, without obligation or compensation to you.

14. Privacy and data

Our handling of personal information is described in our Privacy Policy at https://diacta.ai/privacy, which forms part of these Terms.

Data deletion. You can delete your account from within the Service. Deletion removes your account, brand profiles, stored images, usage records, and your connected-account configuration with our publishing partner, and cancels any active subscription. Deletion is permanent and cannot be undone. Content you have already published to social media platforms stays there — you must remove it from those platforms yourself. We may retain limited records where the law requires.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE.

Without limiting that, we do not warrant that: the Service will be uninterrupted, secure, timely, or error-free; defects will be corrected; generated content will be accurate, appropriate, original, lawful, or effective; posts will publish successfully or on time; or the Service will meet your requirements or produce any particular business result.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, REPUTATION, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

(b) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US$100).

(c) WE ARE NOT LIABLE FOR: content you generate, approve, or publish; action taken against you by any social media platform, including suspension or removal; the acts, omissions, or unavailability of third-party providers; or your failure to review content before publishing it.

These limits apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing here excludes liability for fraud, willful misconduct, or anything that cannot lawfully be excluded.

17. Indemnification

You will defend, indemnify, and hold harmless DiActa and its officers, members, employees, and agents from any third-party claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or relating to: (a) Your Content; (b) content you published through the Service; (c) your breach of these Terms or of any law; (d) your violation of any social media platform's terms; (e) your infringement of any third party's rights; or (f) your use of the Service on behalf of a client.

We will notify you of any such claim, give you control of the defense (except that you may not settle in a way that imposes obligations on us without our consent), and reasonably cooperate at your expense.

18. Governing law and disputes

Governing law. These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before filing anything, you agree to contact us at legal@diacta.ai and try in good faith to resolve the dispute informally for 30 days. Most disputes end here.

Venue. If that fails, you and DiActa agree that any dispute will be brought exclusively in the state or federal courts located in Berkshire County, Massachusetts, and each party consents to personal jurisdiction there.

19. Suspension and termination

By you. Cancel or delete your account at any time (§6.4, §14).

By us. We may suspend or terminate your access, with notice where practical, if you breach these Terms, if we reasonably suspect fraud or unlawful use, if required by law or by a third-party provider, if your payment fails, or if we discontinue the Service. For serious violations we may act immediately.

On termination: your licence to use the Service ends; we may delete Your Content after a reasonable period; accrued payment obligations survive. Sections 7.2–7.6, 8 (as to the surviving licence), 13, 15, 16, 17, 18, and 20 survive termination.

If we discontinue the Service entirely, we will give you at least 30 days' notice, a chance to export your content, and a pro-rated refund of any prepaid unused fees.

20. General

Changes to these Terms. We may update these Terms. For material changes we will give at least 30 days' notice by email or in-app before they take effect. Continuing to use the Service after that means you accept the updated Terms; if you don't agree, cancel before they take effect.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the Service and supersede prior discussions.

Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary, or severed, and the rest stays in effect.

No waiver. Not enforcing a right isn't a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of third-party providers and social media platforms.

No third-party beneficiaries. These Terms create no rights for anyone other than you and us.

Notices. We may give notice by email to your account address or by posting in the Service. Send notices to us at legal@diacta.ai.

Relationship. Nothing here creates a partnership, joint venture, employment, or agency relationship.

21. Contact

DiActa AI LLC (d/b/a DiActa) 82 Wendell Ave STE 100 Pittsfield, MA 01201 United States

General: support@diacta.ai Legal: legal@diacta.ai Security: security@diacta.ai