Privacy Policy

SERIOUS
DATED 2011-04-29 · VERSION 20260904_rev01 · COMPARED WITH 20230301_rev01

What changed, in plain language

Elegant Themes added a new section explaining that when you use Divi AI, your prompts and any content you feed it (text, images, code, website content) are sent to OpenRouter, which forwards them to outside AI companies like OpenAI, Anthropic, and Google. The company says it isn't responsible for how those third parties handle your data, and puts the burden on you to make sure you have the right to submit whatever you send. The only other change is a new date in the revision history.

Changes that may affect you

Your Divi AI content goes to an open-ended list of outside AI companiesSERIOUS
DATA SHARING

Anything you send to Divi AI is passed to OpenRouter, which then hands it to other AI companies. The policy names OpenAI, Anthropic, and Google but says 'without limitation,' so the list can grow without telling you. Which company gets your request can also change from request to request, so you can't know in advance who is handling your content.

These providers may include, without limitation, OpenAI, Anthropic, Google, and other providers that OpenRouter makes available. The provider used for a particular request may vary based on factors such as the requested feature, model availability, performance, and service requirements.

What you can do — If you build sites for clients, don't paste client content, private business details, or anything under a confidentiality agreement into Divi AI. Use it only with material you'd be comfortable handing to an outside AI company.

Broad sweep of what an AI request carries with itMATERIAL
DATA COLLECTION

A Divi AI request doesn't just send your prompt. It can also include images, code, and website content you make available to the feature, the surrounding context, the answers you get back, and technical usage data. That's a wide net, and more of your site's material may leave Elegant Themes than you'd expect from typing a short prompt.

Information transmitted in connection with a Divi AI request may include your prompts and instructions; text, images, code, website content, or other materials that you submit or make available to the feature; relevant context needed to process the request; generated responses; and associated technical and usage information.

What you can do — Before using Divi AI on a page, check what content sits on it — the feature may send surrounding page material, not just what you type.

How long the AI companies keep your data is out of your handsMATERIAL
DATA RETENTION

Once your information reaches OpenRouter or an AI provider, their retention rules apply, not Elegant Themes'. The policy says those rules 'may change from time to time,' so data you sent under one set of rules could end up kept longer under another. Elegant Themes' own deletion request form won't reach data sitting on a third party's servers.

Information shared with these third parties is subject to their applicable terms, privacy policies, data-processing practices, and retention requirements, which may change from time to time.

What you can do — Read OpenRouter's privacy policy and check whether the AI providers it routes to train on or retain submitted data before you use Divi AI for anything sensitive.

Elegant Themes disclaims responsibility if an AI provider mishandles your dataMATERIAL
LIABILITY LIMITS

If OpenRouter or one of the AI companies behind it leaks, misuses, or poorly secures what you sent, Elegant Themes says it isn't responsible. Since you deal with Elegant Themes and never chose these providers yourself, this leaves you chasing companies you have no direct relationship with.

To the extent permitted by law, Elegant Themes is not responsible for the independent privacy, security, or data-processing practices of OpenRouter or any downstream artificial intelligence provider.
You carry the legal risk for what you type into Divi AIMATERIAL
USER OBLIGATIONS

The policy makes you responsible for having every right, permission, and consent needed for whatever you submit. For anyone building sites for clients, that quietly shifts a real legal duty onto you: if you paste in a client's copy, photos, or customer data without their say-so, that's your problem, not the company's.

You are responsible for the information you submit to Divi AI. You must have all rights, permissions, notices, and consents necessary to provide that information to Elegant Themes and to permit its processing by OpenRouter and the applicable artificial intelligence providers.

What you can do — If you use Divi AI on client projects, get written permission from clients before feeding their content into it, and keep sensitive or regulated data (health, financial, personal records) out entirely.

Your information may be stored in countries with weaker privacy lawsMINOR
DATA SHARING

AI providers can process or store your data in the US or wherever else they operate. The policy openly warns those places may have privacy laws different from your own, which can mean fewer protections and less practical ability to get data removed.

These third parties may process or store information in the United States or other countries where they or their service providers operate, and those countries may have privacy laws that differ from the laws where you live.

Changelog

  1. + ADDEDNew section on Divi AI and outside AI providers

    The policy now explains that anything you put into Divi AI gets sent to OpenRouter, a routing service that passes it along to other AI companies. Which company handles your request can change from one request to the next, and the list is open-ended.

    When you use Divi AI, the information included in your request is transmitted to OpenRouter, a third-party artificial intelligence routing service. OpenRouter routes requests to one or more third-party large language model and artificial intelligence providers. These providers may include, without limitation, OpenAI, Anthropic, Google, and other providers that OpenRouter makes available.

  2. + ADDEDSpells out what gets sent with an AI request

    The company lists what travels with a Divi AI request: your prompts, plus text, images, code, or website content you give it, the surrounding context, the AI's answers, and technical usage data. All of it can be used to run the service, stop fraud, fix bugs, and meet legal duties.

    Information transmitted in connection with a Divi AI request may include your prompts and instructions; text, images, code, website content, or other materials that you submit or make available to the feature; relevant context needed to process the request; generated responses; and associated technical and usage information.

  3. + ADDEDUsing Divi AI counts as your permission to share the data

    Simply using the feature is treated as you telling Elegant Themes to hand the data to these outside companies. Once it's there, their own rules — including how long they keep it — apply instead, and those rules can change at any time.

    By using Divi AI, you direct and authorize Elegant Themes to transmit this information to OpenRouter and the applicable artificial intelligence providers as necessary to provide Divi AI. Information shared with these third parties is subject to their applicable terms, privacy policies, data-processing practices, and retention requirements, which may change from time to time.

  4. + ADDEDYour data may leave your country

    AI providers may store or handle your information in the United States or anywhere else they operate, in places where privacy laws may protect you less than the laws at home.

    These third parties may process or store information in the United States or other countries where they or their service providers operate, and those countries may have privacy laws that differ from the laws where you live.

  5. + ADDEDYou must have the rights to whatever you feed the AI

    You are on the hook for making sure you're allowed to submit what you type or upload. The policy tells you not to put in sensitive, confidential, regulated, or other people's information unless you're authorized to.

    You must have all rights, permissions, notices, and consents necessary to provide that information to Elegant Themes and to permit its processing by OpenRouter and the applicable artificial intelligence providers.

  6. + ADDEDCompany disclaims responsibility for the AI companies' practices

    If OpenRouter or one of the downstream AI providers mishandles or leaks your data, Elegant Themes says it isn't responsible, as far as the law allows.

    To the extent permitted by law, Elegant Themes is not responsible for the independent privacy, security, or data-processing practices of OpenRouter or any downstream artificial intelligence provider.

  7. + ADDEDNew date added to revision history

    The history list now shows a modification date of August 18, 2026, alongside the older entries.

    Modified Date: August 18, 2026

Full text changes — 20230301_rev01 to 20260904_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

6161In order to make a purchase from us, you must use our shopping cart provider to finalize and pay for your order. Its privacy statement and security practices will also apply to your information. We encourage you to read that privacy statement before providing your information.
6262
6363**Intercom**
6464
6565We communicate with our customers using a combination of email and live chat. This communication is facilitated through Intercom.com. Chat histories are stored on their server. Other information, including your username and email address, are provided to Intercom when you sign up. This allows us to locate your account when we chat with you, which is necessary in order for us to provide sales, billing and technical support to our customers.
6666
67**Divi AI and Third-Party Artificial Intelligence Providers**
68
69When you use Divi AI, the information included in your request is transmitted to OpenRouter, a third-party artificial intelligence routing service. OpenRouter routes requests to one or more third-party large language model and artificial intelligence providers. These providers may include, without limitation, OpenAI, Anthropic, Google, and other providers that OpenRouter makes available. The provider used for a particular request may vary based on factors such as the requested feature, model availability, performance, and service requirements.
70
71Information transmitted in connection with a Divi AI request may include your prompts and instructions; text, images, code, website content, or other materials that you submit or make available to the feature; relevant context needed to process the request; generated responses; and associated technical and usage information. Elegant Themes, OpenRouter, and the selected artificial intelligence provider may process this information to route and fulfill your request, operate and secure the service, prevent fraud or abuse, troubleshoot errors, and comply with applicable law.
72
73By using Divi AI, you direct and authorize Elegant Themes to transmit this information to OpenRouter and the applicable artificial intelligence providers as necessary to provide Divi AI. Information shared with these third parties is subject to their applicable terms, privacy policies, data-processing practices, and retention requirements, which may change from time to time. These third parties may process or store information in the United States or other countries where they or their service providers operate, and those countries may have privacy laws that differ from the laws where you live.
74
75You are responsible for the information you submit to Divi AI. You must have all rights, permissions, notices, and consents necessary to provide that information to Elegant Themes and to permit its processing by OpenRouter and the applicable artificial intelligence providers. You should not submit sensitive personal information, confidential information, regulated data, or information belonging to another person unless you are authorized to do so and your use complies with applicable law. To the extent permitted by law, Elegant Themes is not responsible for the independent privacy, security, or data-processing practices of OpenRouter or any downstream artificial intelligence provider.
76
6777**No Information Collected from Children.**
6878
6979We will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately removed from any access. Because it does not collect such information, Elegant Themes has no such information to use or to disclose to third parties. Elegant Themes has designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA").
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7181### How Do You Use Individual Information?
7282
138148977 West Napa Street #1002
139149Sonoma, CA 95476
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142152### 8\. History
143153
154Modified Date: August 18, 2026
144155Modified Date: November 29, 2021
145
146156Modified Date: October 27, 2021
147157Modified Date: May 25, 2018
148158Modified Date: May 16, 2016
149159Effective Date: April 29, 2011