Last Updated: July 24, 2026

Welcome to Diva ("we," "our," or "us"). By accessing or using our e-commerce platform, website, B2B wholesale portal, referral program, and AI-powered beauty features (collectively, the "Service"), you ("User") agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not use our Service.

1. Description of Service

   Diva provides an online luxury cosmetics e-commerce platform offering eyelashes, press-on nails, adhesives, tools, and beauty accessories. The Service includes B2C retail purchasing, B2B wholesale management portals, a referral commission tracking program, and AI-powered interactive features (such as personalized product recommendations, semantic catalog search, and automated customer support assistance).

2. User Responsibilities, Account Security & Acceptable Use

   2.1 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete registration, shipping, and billing information.

   2.2 B2B & Wholesale Compliance: B2B accounts must comply with verified credit limits, net-30 payment terms (where applicable), and authorized retail guidelines. Reselling Diva products on unauthorized third-party online marketplaces is strictly prohibited without prior written approval.

   2.3 Referral Program Integrity: Referral partners and ambassadors must use assigned tracking codes in good faith. Generating fraudulent purchases, self-referrals, or distributing referral links via unsolicited bulk messaging (spam) is strictly prohibited.

   2.4 Prohibited Use: You may not use the Service to submit fraudulent orders, initiate unauthorized chargebacks, attempt to compromise payment systems or database infrastructure, reverse-engineer AI features, or infringe upon third-party intellectual property rights.

   2.5 Product Application & Safety: You assume full responsibility for using personal care products (including eyelash adhesives and press-on nail kits) strictly according to product instructions and performing necessary allergy patch tests prior to full application.

3. Intellectual Property & DMCA Safe Harbor Registry

   All material on this platform—including product designs, cosmetic formulations, photography, brand assets, software code, AI outputs, and trademarks—is the exclusive intellectual property of Diva.

DMCA Safe Harbor Provisions: Diva operates in compliance with the "Safe Harbor" provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Section 512. If you believe that any user-submitted content or material on our platform infringes your copyright, please send a written notification to our designated Copyright Agent (legal@diva.getmytestdrive.com) including:

• Identification of the copyrighted work claimed to have been infringed.

• Identification of the material to be removed or link to the location on the platform.

• Your contact details, a statement of good faith belief that the use is unauthorized, and a physical or electronic signature.

1. Mandatory Indemnification & Duty to Defend

   You agree to defend, indemnify, and hold harmless Diva, its affiliates, directors, officers, employees, and suppliers from and against any and all claims, liabilities, damages, judgments, penalties, losses, or expenses (including reasonable legal fees and litigation costs) arising directly or indirectly from your misuse of the Service, violation of these Terms, fraudulent chargebacks, or referral program abuse.

Duty to Defend: Should Diva face legal action, cease-and-desist demands, or litigation from third parties resulting from your account activity, content submissions, or breach of these Terms, you are contractually obligated to assume the cost of our legal defense.

1. Disclaimer of Warranties

   The Service and all products are provided on an "AS IS" and "AS AVAILABLE" basis. Diva expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that AI recommendations, search indexing, or product availability will be completely error-free or uninterrupted.

2. Limitation of Liability

   To the maximum extent permitted by applicable law, Diva’s total aggregate liability for any claims arising out of or related to your use of the Service or purchase of products shall not exceed the total amount you paid to Diva during the 12 months immediately preceding the claim.

3. Governing Law & Dispute Resolution

   US Users: These Terms shall be governed by the laws of the State of Delaware. Any disputes arising under or in connection with these Terms shall be resolved through binding individual arbitration in Delaware.

   EU Users: If you are a resident of the European Union, nothing in these Terms shall deprive you of the statutory consumer protections afforded to you by mandatory provisions of the law of your habitual residence.

4. Changes to Terms

   We reserve the right to modify or update these Terms at any time. We will notify users of material changes via email or dashboard notifications. Your continued use of the Service after modifications are published constitutes acceptance of the revised Terms.

5. Contact Information

   For legal notices, copyright claims, or general questions regarding these Terms, please contact us at legal@diva.getmytestdrive.com.