Terms of Service

1. Introduction and Acceptance

Welcome to Dayvid.ai. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Latrova Tech(CNPJ: 27.356.487/0001-04) ("we," "us," or "our"), the operator of the Dayvid.ai platform, website, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or rules referenced herein. If you do not agree to these Terms, you must not use the Service.

Dayvid.ai is a paid SaaS platform for AI-powered video creation and publishing. Users upload audio, images, and subtitles, and the platform generates videos with animations, styled captions, and outros. The Service also offers AI image generation, text-to-speech, audio transcription, and direct publishing to YouTube, TikTok, and Instagram.

2. Eligibility

You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.

If we become aware that a user is under 18, we will immediately suspend the account and delete all associated personal data in accordance with our Privacy Policy.

If you are using the Service on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

To access the Service, you must create an account by providing accurate and complete information, including a valid email address and a secure password. You agree to:

• Keep your account credentials confidential and not share them with any third party.
• Notify us immediately at support@dayvid.ai if you suspect unauthorized access to your account.
• Maintain accurate and up-to-date account information.

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

4. Description of the Service

Dayvid.ai provides the following core features:

• Video creation: Upload audio, images, and subtitles to generate videos with animations, styled captions, and outros.
• AI content generation: AI-powered image generation, text-to-speech narration, audio transcription, subtitle review, carousel planning, and analytics insights.
• Publishing: Direct video upload and scheduling to YouTube, TikTok, and Instagram via OAuth integration.
• Analytics: Video performance metrics with AI-generated insights (for supported platforms).
• Brands: Brand profiles with visual identity, fonts, and linked platform accounts.
• Media Library: File management for your uploaded and generated media.
• API access: Programmatic access via API tokens for CLI integration.

We reserve the right to modify, update, or discontinue any feature of the Service at any time with reasonable notice. Material changes that affect your subscription will be communicated via email.

5. Subscription, Payment, and Credits

5.1 Subscription Plans

Dayvid.ai is a paid subscription service. There is no free tier or free trial. All prices are listed in United States Dollars (USD).

Subscriptions are billed on a monthly recurring basis. Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date.

5.2 Payment Processing

All payments are processed by our third-party payment processor, Stripe, Inc.. We do not directly collect, store, or process credit card numbers or bank account details. By subscribing, you agree to Stripe's terms and conditions for payment processing.

5.3 AI Credits

AI-powered operations (image generation, text-to-speech, transcription, AI insights) consume AI credits. Credits are included in your subscription plan and may also be purchased separately.

• Credits are allocated per billing cycle and do not roll over to the next period.
• Credits are non-refundable, non-transferable, and cannot be exchanged for cash.
• When your credits are exhausted, AI features will be unavailable until your next billing cycle or until you purchase additional credits.

5.4 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You will retain access to the Service through the end of your current billing period.
• No prorated refunds will be issued for partial periods.
• Unused credits at the time of cancellation are forfeited.
• After your subscription expires, your data will be retained for 30 days to allow for possible reactivation, after which it will be permanently deleted per our Privacy Policy.

5.5 Refund Policy

All subscription payments are generally non-refundable. We may, at our sole discretion, issue refunds on a case-by-case basis when:

• Less than 10% of your AI credits have been used within the current billing period.
• The request is made within 7 days of the initial purchase or renewal.
• A material service outage or defect prevented you from using the Service for a significant portion of the billing period.

To request a refund, contact support@dayvid.ai with the subject "Refund Request."

5.6 Price Changes

We may change our subscription pricing with at least 30 days' advance notice via email. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.

6. Content Ownership and License

6.1 Your Content

You retain all intellectual property rightsto the content you create and upload to the Service, including audio files, images, subtitles, and any original creative work ("Your Content").

By using the Service, you grant us a limited, non-exclusive, royalty-free, revocable license to use, process, store, and transmit Your Content solely as necessary to provide, operate, and improve the Service for you (e.g., rendering videos, storing files, publishing to connected platforms on your behalf, and processing usage events and AI interactions through analytics and observability tools to monitor reliability and improve features). See our Privacy Policy for details on analytics and sub-processors.

This license terminates when you delete Your Content or your account, subject to our data retention policy. We do not sell, sublicense, or use Your Content for advertising, marketing, or any purpose beyond providing the Service.

6.2 AI-Generated Content

Content generated through our AI features (images, narration audio, transcriptions, text) is created using third-party AI providers including OpenAI, FAL.ai, and ElevenLabs.

• You receive full usage rights to AI-generated content created through the Service, including for commercial purposes.
• AI-generated content may be non-unique: other users using similar prompts may generate similar or identical outputs.
• The underlying AI providers' terms and policies also apply to AI-generated content. We encourage you to review the terms of OpenAI, FAL.ai, and ElevenLabs.
• Intellectual property protection for AI-generated content may vary by jurisdiction. We make no representations regarding the copyrightability of AI-generated outputs.
• You are responsible for ensuring that your use of AI-generated content complies with applicable laws, including any requirements to disclose AI-generated content in your jurisdiction.
• AI interactions (including your prompts and the resulting model outputs) may also be processed by analytics and observability tools (such as PostHog) for product improvement, debugging, and quality monitoring. See our Privacy Policy for details.

6.3 Our Intellectual Property

The Service, including its software, design, branding, logos, user interface, and all associated intellectual property, is owned by Latrova Tech and protected by applicable intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, or brand assets.

7. Third-Party Platform Integrations

Dayvid.ai integrates with third-party platforms (YouTube, TikTok, Instagram) to enable video publishing and analytics. When you connect a platform account, you authorize Dayvid.ai to access and interact with that platform on your behalf within the scope of the permissions you grant.

7.1 YouTube Integration

By connecting your YouTube account, you agree to be bound by the YouTube Terms of Service and the Google Privacy Policy. You can revoke Dayvid.ai's access to your YouTube account at any time via Google Security Settings.

7.2 TikTok Integration

By connecting your TikTok account, you agree to be bound by TikTok's Terms of Service. You can revoke Dayvid.ai's access to your TikTok account at any time via your TikTok Connected Apps settings.

When publishing to TikTok, Dayvid.ai respects TikTok's content and privacy controls. If you mark a video as branded content, certain privacy settings (such as "Only Me" visibility) may be restricted in accordance with TikTok's policies.

7.3 General Platform Terms

• You are responsible for complying with each platform's terms of service, community guidelines, and content policies when publishing content through Dayvid.ai.
• We are not responsible for actions taken by third-party platforms, including content removal, account suspension, or changes to their APIs or policies.
• If a platform revokes Dayvid.ai's API access or changes its policies, certain features may become temporarily or permanently unavailable.
• When you disconnect a platform account or revoke our access through the platform's settings, we immediately delete all data associated with that platform connection, including OAuth tokens and platform-specific metadata. This deletion is not subject to any retention period.

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. You must not:

8.1 Prohibited Content

• Upload, create, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Create content that infringes upon any third party's intellectual property rights, including copyrights, trademarks, or rights of publicity.
• Use the Service to create or distribute misinformation, disinformation, or deceptive content.
• Generate content that exploits or harms minors in any way.
• Use AI features to impersonate real individuals without their explicit consent.
• Generate or distribute deepfakes — synthetic photorealistic images, video, or audio of real persons — without their explicit, verifiable consent. This includes face swaps, AI-generated likenesses, and any synthetic media designed to be mistaken for real footage of identifiable individuals.
• Create AI voice clones used to impersonate real persons without their explicit consent.
• Generate sexually explicit or sexually suggestive content depicting real persons (without verifiable consent) or any depiction of minors (under any circumstance).
• Create content that promotes discrimination, hatred, or violence against any individual or group.

8.2 Prohibited Activities

• Attempt to reverse engineer, decompile, disassemble, or derive the source code of the Service.
• Use automated tools (bots, scrapers, crawlers) to access the Service beyond the provided API.
• Manipulate engagement metrics or use the Service for spam, including publishing identical content across multiple accounts simultaneously.
• Circumvent or attempt to circumvent usage limits, credit systems, rate limits, or any other technical restrictions.
• Use the Service or its outputs to develop, train, or improve competing AI models or services.
• Share, resell, or redistribute your account access or API tokens to third parties.
• Interfere with or disrupt the integrity, security, or performance of the Service.
• Use the Service in any manner that violates applicable laws or regulations, including export controls and sanctions.

8.3 Content Responsibility

You are solely responsible for all content you create, upload, or publish through the Service. We do not pre-screen user content but reserve the right to remove content that violates these Terms or applicable law.

8.4 Consequences of Violation

Any violation of this Acceptable Use Policy will result in immediate account suspension or termination at our sole discretion, and may result in forfeiture of any remaining credits without refund. We may report unlawful content — including child sexual abuse material (CSAM), fraud, harassment, or any platform abuse — to law enforcement and relevant authorities, and cooperate with legal processes as required.

9. Storage Limits

Each subscription plan includes a defined storage allocation for your uploaded and generated media files.

• When you reach your plan's storage limit, you will need to delete existing files to free space before uploading new content.
• We do not automatically delete your files when you reach the storage limit.
• Project data (configurations, schedules, publish history) does not count toward your storage limit and is retained as long as your account is active.
• Upgrading your plan may increase your available storage allocation.

10. API Access

We may provide programmatic access to the Service via API tokens. When using the API:

• API tokens are confidential credentials. You are responsible for keeping them secure and must not share them publicly.
• API usage is subject to the same terms, usage limits, and acceptable use policies as the web interface.
• We may impose rate limits on API access to ensure service stability.
• We reserve the right to revoke API tokens that are misused or compromise service security.

11. Termination and Suspension

11.1 Termination by You

You may cancel your subscription and terminate your account at any time by contacting support@dayvid.ai. Upon cancellation, you retain access through the end of your current billing period. After that, your data will be handled per our retention policy (see Section 5.4 and our Privacy Policy).

11.2 Termination or Suspension by Us

We may suspend or terminate your account, with or without notice, if:

• You violate these Terms or our Acceptable Use Policy.
• You use the Service for illegal activities or in a manner that threatens the security or integrity of the Service.
• We are required to do so by law, regulation, or legal process.
• Your use creates risk or liability for us, other users, or third-party platforms.

We will attempt to provide advance notice when reasonably possible, but may act immediately when necessary to protect the Service, our users, or comply with legal obligations.

11.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases (unless you have remaining time in a paid billing period).
• We recommend downloading your content before account termination. After the retention period, content will be permanently deleted.
• Sections of these Terms that by their nature should survive termination will remain in effect, including content licenses, limitation of liability, indemnification, and dispute resolution.

12. Disclaimer of Warranties

AI-generated content (images, narration, transcriptions, text) may contain errors, inaccuracies, or unexpected results. You are responsible for reviewing all AI-generated content before publishing or distributing it.

13. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Latrova Tech, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service.
• Your Content or any content you publish through the Service.
• Your violation of these Terms.
• Your violation of any third party's rights, including intellectual property rights or platform terms of service.
• Any claim that your content or use of the Service caused damage to a third party.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at support@dayvid.ai to attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute within 60 days of receiving your notice.

15.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Brazil, without regard to its conflict of law provisions.

15.3 Jurisdiction

If informal resolution is unsuccessful, any disputes arising from these Terms shall be submitted to the exclusive jurisdiction of the courts located in Brazil.

15.4 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15.5 Time Limitation

Any claim arising out of or related to these Terms must be filed within one (1) year after the cause of action accrues, or it shall be permanently barred.

16. Copyright Infringement (DMCA)

We respect the intellectual property rights of others. If you believe that content available through the Service infringes your copyright, you may submit a notice to our designated agent at support@dayvid.ai with the following information:

• A description of the copyrighted work you claim has been infringed.
• A description of where the allegedly infringing material is located on the Service.
• Your contact information (name, address, phone number, email).
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
• Your physical or electronic signature.

We may remove infringing content and may terminate the accounts of repeat infringers.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page.
• Notify registered users via email.
• Post a prominent notice on the Service.

Your continued use of the Service after any changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and cancel your subscription.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Latrova Tech regarding the Service and supersede all prior or contemporaneous agreements, representations, and understandings.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall only be effective if in writing and signed by an authorized representative.

18.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law, with notice to you.

18.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, power failures, internet outages, or third-party service disruptions.

18.6 Notices

We may send you notices via email to the address associated with your account. You are responsible for keeping your email address current. Notices sent to your registered email are considered received.

19. Contact Us

If you have any questions, concerns, or requests regarding these Terms, contact us at:

For legal inquiries or disputes, please email support@dayvid.ai with the subject line "Legal Inquiry."