Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Diana Intelligence Corp. (“Diana,” “we,” “us,” or “our”). They cover Diana Family — the iPhone app, the family dashboard, and the updates we send by text message (SMS) and WhatsApp (together, the “Service”) — and the getdiana.com website.

By creating a family, using the app, or receiving updates from Diana, you agree to these Terms. If you do not agree, do not use the Service. Please also read our Privacy Policy, which explains what we collect and how long we keep it. It is part of these Terms.

These Terms replace our previous terms of service. They apply to anyone who starts using Diana Family on or after the Effective Date above. If you were already using Diana Family before then, our previous terms continue to apply to you until that date, which gives you time to read these and decide. See 21. Changes to These Terms.

1. Who Can Use Diana Family

• Diana Family is for people age 13 and older. Do not use it if you are under 13.
• If you are under 18, a parent or guardian must read and agree to these Terms on your behalf, take part in your family account, and remain responsible for your use of the Service.
• If you agree to these Terms on behalf of a child, you confirm that you are their parent or legal guardian and that you consent to their participation.
• You agree to give accurate information when setting up a family, and to keep your phone number and family details current.

2. Your Family Account

• A family can be created by a parent on the web or by a child in the app. Either way, the family holds the profiles of the people and pets in it.
• A person does not need an account to receive updates. Someone who wants to connect an account to an existing profile can only do so by matching the family code and verifying the phone number already saved for them.
• The family code is how people join your family. Share it only with people you intend to add. You are responsible for what happens through your account, including anyone you give access to.
• Sign-in uses a verified phone number, Sign in with Apple, or Facebook; some existing accounts still use an email address and password. Keep control of whichever you use, and tell us promptly if you think someone else has access.

3. What the Child Controls

Diana Family is built so the child decides what leaves their phone. Those controls are part of the deal, not a courtesy:

• The child chooses who receives updates, and can add or remove recipients at any time.
• The child chooses whether every update is reviewed before sending, only sensitive ones are, or new moments send automatically.
• The child can pause all collection in the app, change or revoke Photos access in iOS Settings, and request deletion from inside the app.
• Nobody else in the family — including a parent — can approve an update on the child's behalf or turn off their review setting for them.

4. Adding Someone Else to Your Family

When you add another person's phone number, you represent that you are authorized to add them and that they have agreed to receive family updates from Diana. Do not add someone who has not agreed, and remove anyone who asks to be removed.

If you add a photo of another person so Diana can recognize them, you represent that you have their permission (or, for a child, their parent's or guardian's permission) to do so. Removing the photo removes the stored face reference.

5. Messaging Terms

Diana Family sends transactional SMS and WhatsApp messages: phone verification codes, child-approved family updates, a one-time welcome message when a family member is first enabled to receive updates, and family account notifications. Message frequency varies based on family activity and settings. Message and data rates may apply.

Reply STOP at any time to stop receiving messages and HELP for help. Consent to receive messages is not a condition of buying any goods or services, and Diana Family SMS and WhatsApp messages are not marketing messages. Delivery depends on carriers, phone numbers, opt-out status, and third-party providers, so it is not guaranteed.

6. Mobile Number Privacy

Diana Intelligence Corp. does not sell, rent, or share mobile phone numbers with third parties or affiliates for their own marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, except the service providers that help us deliver and support Diana Family messages.

7. Your Content

You keep ownership of your photos, the updates generated from them, and everything else you put into Diana Family. We do not claim it.

You give us a limited licence to host, store, process, and display that content only as far as we need to in order to run the Service for you: analyzing a photo for safety, drafting an update from it, showing it to you for review, and delivering the approved update to the family members you chose. That licence exists only while we hold the content, and it ends when the content is deleted under the retention schedule in our Privacy Policy or when you delete your account.

We do not use your content to train third-party AI models, to advertise, to build a profile of anyone, or to create derivative products. We do not sell it. If we ever want to use it for something not described in the Privacy Policy, we will ask you first.

8. Acceptable Use

You agree not to:

• Use the Service to harass, threaten, impersonate, stalk, monitor, or spy on anyone, including members of your own family.
• Add a phone number or a person's photo without the permission described in Section 4.
• Upload content that is unlawful, or that sexualizes or exploits a minor.
• Try to access another family's data, interfere with the Service, probe or scrape it, or work around its safety, review, or rate limits.
• Use the Service in violation of any applicable law.

We may remove content, suspend collection, or close an account that breaks these rules, and we will report child sexual abuse material to the authorities as required by law.

9. What Diana Family Is Not

Diana Family is a way to share warm everyday updates. It is not a safety, monitoring, location-tracking, security, medical, or emergency service, and it is not a substitute for professional advice or care. Do not rely on it in any situation where a delayed, missing, or inaccurate message could cause harm. In an emergency, contact your local emergency services directly.

10. AI-Generated Updates

Updates are drafted by artificial intelligence from what it can see in a photo. AI makes mistakes: it can describe something inaccurately, miss context, or get a detail wrong. Treat an update as a friendly summary, not a record of fact. Review is available precisely so a person decides what gets sent, and we recommend leaving it on.

11. The getdiana.com Website

The website is informational. Joining a waitlist or submitting a form does not guarantee access to the Service, and any launch timing, feature, or price we describe may change. Early-access and beta features may be incomplete, may change, and may be withdrawn.

12. Apple App Store

These Terms are between you and Diana only, not with Apple, and Apple is not responsible for the app or its content. If you download the app from the App Store, the following also applies:

• Your licence to use the app is limited to Apple-branded devices that you own or control, as permitted by the App Store Terms of Service.
• Diana, not Apple, is solely responsible for the app, for maintenance and support, and for any warranty. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. Apple has no other warranty obligation.
• Diana, not Apple, is responsible for addressing any claim relating to the app, including product liability, failure to conform to a legal requirement, consumer protection claims, and claims that the app infringes someone's intellectual property.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

13. Third-Party Services

The Service depends on providers we do not control, including Apple, carriers, WhatsApp, and our hosting and AI providers. Those providers are listed in our Privacy Policy. Their outages, changes, or terms can affect the Service, and we do not make warranties about them.

14. Our Intellectual Property and Your Feedback

We own the Service itself — the apps, the website, our name and logo, and everything we built to run them. These Terms do not transfer any of that to you beyond the right to use the Service.

If you send us a suggestion, we may use it without owing you anything for it. That applies only to the suggestion, never to your photos, updates, or family data.

15. Ending Your Use

• You can stop at any time: pause collection, delete the app, or request deletion of your data from inside the app or by emailing us.
• A recipient can stop receiving messages at any time by replying STOP.
• We may suspend or end access if these Terms are broken, if we are required to by law, or if we discontinue the Service. Where we reasonably can, we will give notice first.
• When an account is deleted, we delete the associated data on the schedule in the Privacy Policy. Sections that by their nature should survive — content ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — do.

16. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, that a message will arrive, or that an update will be accurate. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

17. Limitation of Liability

To the fullest extent permitted by law, Diana will not be liable for indirect, consequential, exemplary, incidental, punitive, or special damages, or for lost profits, even if we were advised such damages were possible. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us for the Service in the six months before the claim and US $50.

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, or for death or personal injury caused by negligence. Some jurisdictions do not allow these limits, so they may not apply to you.

18. Indemnification

You agree to indemnify and hold Diana harmless from claims, damages, and costs arising out of content you submit, phone numbers or photos you added without permission, your breach of these Terms, or your misuse of the Service. If you are a parent or guardian who accepted these Terms for a child, this applies to their use as well. This does not apply to claims caused by our own wrongdoing.

19. Disputes

Please email support@getdiana.com first — most problems are faster to fix that way. If we cannot resolve a dispute informally within 60 days, it will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in San Francisco, California, or by video or telephone if you prefer.

You keep two ways out. Either of us may bring an individual claim in small-claims court instead. And you may reject arbitration entirely by emailing support@getdiana.com within 30 days of first accepting these Terms; doing so costs you nothing and does not affect your use of the Service.

20. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Where a claim is not subject to arbitration, the state and federal courts in San Francisco, California will have jurisdiction. If you live somewhere whose consumer-protection laws give you rights that cannot be waived, you keep those rights.

21. Changes to These Terms

We may update these Terms. We will change the “Last Updated” date above. For material changes, we will give existing users at least 30 days' notice — in the app, by message, or by email — and set an Effective Date at the end of that period. The previous terms keep applying to you until then. Changes required by law or needed to address a security or abuse problem may take effect sooner.

If you do not agree to a change, stop using the Service and delete your account before the Effective Date.

22. Miscellaneous

If a provision of these Terms is unenforceable, the rest stays in force. Our not enforcing something right away does not waive it. You may not transfer your rights under these Terms; we may transfer ours in connection with a merger, acquisition, or sale of assets. These Terms and the Privacy Policy are the entire agreement between us about the Service.

23. Contact

Diana Intelligence Corp.
Support and legal notices: support@getdiana.com
Privacy: privacy@getdiana.com