Legal
TERMS OF USE
Last Updated: April 3, 2026
These Terms of Use (the “Terms”) form a legal contract between you (“You” or “Your”) and TheAfterEve, Inc., a Delaware corporation doing business as Divisly, together with its affiliates and subsidiaries (collectively, “Divisly”). These Terms apply each time You access or use Divisly’s websites, mobile application, platform, and any related services, features, functionality, content, reports, exports, or applications made available by Divisly (collectively, the
“Services”).
By accessing, downloading, installing, or using the Services, or by clicking to accept these Terms, You agree to be bound by these Terms. If You do not agree to these Terms, You must not access or use the Services and must immediately discontinue use.
THESE TERMS CONTAIN IMPORTANT PROVISIONS, INCLUDING: A BINDING ARBITRATION AGREEMENT, WHICH REQUIRES YOU TO RESOLVE DISPUTES WITH DIVISLY THROUGH FINALAND BINDING ARBITRATION RATHER THAN IN COURT; A WAIVER OF YOUR RIGHT TO AJURYTRIAL; AND A CLASS ACTION WAIVER, WHICH REQUIRES YOU TO BRING CLAIMS ONLYIN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms form a binding agreement between Divisly and You. Authorized Users may access and use the Services only as permitted by You when You grant them access to specific data or reports through the Services. Authorized Users may be required to accept these Terms directly when accessing the Services. If You or any Authorized User does not meet the eligibility requirements described in these Terms or does not agree to be bound by them, such party may not access or use the Services.
1. ELIGIBILITY, ROLE DEFINITIONS, AND OBLIGATIONS.
1.1 Applicability. These Terms apply to You and any Authorized Users who access or use Divisly's Services.
1.2 Eligibility. You may access or use the Services only if You are at least eighteen (18) years of age and are legally capable of entering into a binding agreement. Nothing in these Terms authorizes any individual to use the Services to obtain or provide legal advice; any attorney–client relationship exists solely between You and any attorney You separately engage.
1.3 Authorized Users. Authorized Users may access and use the Services only as permitted by You and subject to Your permissions and sharing settings within Your Workspace.
1.4 Representations and Warranties. You represent and warrant that: (a) You are at least eighteen (18) years of age; (b) You will provide accurate, current, and complete information when registering and using the Services; (c) You will use the Services only for lawful purposes and in compliance with these Terms and all applicable laws; (d) You are solely responsible for determining which individuals You designate as Authorized Users and for managing their access within Your Workspace; (e) You have obtained all necessary consents, authorizations, and permissions required to permit Authorized Users to access and use the Services; and (f) You are responsible for ensuring that all Authorized Users comply with these Terms to the extent applicable to their access and use of the Services. Each Authorized User represents and warrants that the Authorized User will comply with these Terms and all applicable laws in connection with the Authorized User’s access to and use of the Services and will comply with Your permissions and instructions within Your Workspace. Authorized Users who are licensed attorneys, mediators, special masters, or other professionals remain solely responsible for their own professional obligations, ethical duties, and compliance with applicable rules of professional conduct in connection with any use of the Services.
1.5 No Verification Obligation. Divisly has no obligation to verify (i) the identity, credentials, licensure, or professional status of any Authorized User, (ii) the authority of any Authorized User to act on Your behalf, or (iii) the appropriateness of any sharing or access decision You make within Your Workspace. Divisly may rely on the permissions and access controls You establish within Your Workspace.
1.6 Definitions. As used in these Terms:
a. “Authorized User” means any individual whom You permit to access specific information or reports through the Services, including attorneys, paralegals, mediators, or any other person You choose to grant access.
b. “Divisly” has the meaning set forth in the preamble above.
c. “Services” has the meaning set forth in the preamble above.
d. “You” or “Your” means the individual who creates an account and uses the Services to document property and assets for personal documentation purposes including in connection with divorce or separation proceedings.
e. “Your Workspace” means the account environment established by You within the Platform and Services, including associated settings, permissions, data, User Content, and Authorized User access controls.
1.7 Responsibility for Account and Workspace. You are responsible for all activity conducted through Your account and within Your Workspace, including all acts and omissions of any Authorized User. Divisly may rely on the permissions, access controls, and sharing settings You configure within Your Workspace. You are responsible for granting, modifying, and revoking access for Authorized Users and for ensuring that such access is appropriate for Your intended use of the Services.
1.8 Authorized User Agreement to Terms. By accessing or using the Services, each Authorized User agrees to comply with these Terms to the extent applicable to such Authorized User’s access to and use of the Services.
2. PURPOSE AND NATURE OF SERVICES.
2.1 Services Description. Divisly provides a software platform that enables You to organize, manage, document, and share property and asset inventory information, including in connection with divorce or separation proceedings. The Services allow You, as well as Your Authorized Users acting at Your direction, to upload, submit, store, process, generate, and share information and materials in connection with property documentation and related matters.
2.2 Authorized User Submissions; Responsibility. Authorized Users may access and use the Services only as permitted by You and subject to the permissions, sharing settings, and access controls You establish within Your Workspace. You are solely responsible for all User Content submitted by Authorized Users and for all use of such content. If an Authorized User is a licensed professional, that individual remains solely responsible for their own professional obligations and compliance with applicable rules.
2.3 Not a Law Firm; No Legal Advice. DIVISLY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE OR LEGAL SERVICES. Divisly does not form attorney–client relationships, does not provide legal opinions, and does not supervise, control, or direct the legal judgment of any attorney or Authorized User. Any attorney–client relationship exists solely between You and any attorney You separately engage, and not with Divisly. You are solely responsible for any legal decisions made in connection with or in reliance on information documented through the Services.
2.4 Responsibility for Communications and Materials. Divisly does not verify the accuracy, completeness, or legal sufficiency of any information submitted through the Services and is not responsible for the substance of any communications, advice, documents, or materials created, transmitted, or stored by You or Your Authorized Users.
2.5 Role Limited to Software Tools. Divisly’s role is limited to providing software, data management, workflow, and AI-enabled tools to assist You in documenting property and assets. All legal advice, legal strategy, and professional determinations remain solely the responsibility of You and any professionals You separately engage.
2.6 No Legal Determinations; No Ownership Conclusions. Nothing in the Services, and no output, report, summary, inventory, or other content generated through the Services, constitutes a determination of ownership, title, value, or any other legal interest in any property or asset documented through the platform. All such determinations are solely the province of applicable legal proceedings, courts, and the professionals You separately engage. Divisly makes no representation that any inventory or documentation created through the Services is complete, accurate, or suitable for use in any legal proceeding, and You are solely responsible for the accuracy and completeness of all information You submit.
2.7 Account Isolation; No Opposing Party Access. Your Workspace is isolated and accessible only to You and the Authorized Users You explicitly grant access to. Divisly does not facilitate, and expressly prohibits, any access by an opposing party in any legal proceeding to another party’s Workspace, account, or User Content.
3. ACCOUNTS AND USER REQUIREMENTS.
3.1 Account Registration; Accuracy of Information. You must register an account to use the Services offered by Divisly through the Platform or other authorized methods. You agree to provide accurate, current, and complete information when registering and to promptly update such information as necessary to keep it accurate and complete.
3.2 Authorized User Access. Authorized Users may access the Services solely through credentials You have issued or authorized within Your account. You are responsible for assigning, managing, and revoking such credentials.
3.3 Authorized User Accounts and Access Codes. Authorized Users may be invited or provisioned by You to access the Services within Your Workspace. Authorized Users may be required to create individual login credentials or use access credentials You have provided. All Authorized User accounts are provisioned under, and remain associated with, Your account. You control whether an Authorized User is granted, modified, or revoked access.
3.4 Responsibility for Account Activity. You are responsible for all activity occurring under Your account, including activity by all Authorized Users. Divisly does not independently verify the identity or authority of any Authorized User and is entitled to rely on Your authorization of access within Your Workspace.
3.5 Age Restriction. You may not permit any Authorized User to access or use the Services if such Authorized User is under eighteen (18) years of age. Each Authorized User represents and warrants that the Authorized User is at least eighteen (18) years of age.
3.6 Credential Security. You and each Authorized User are responsible for safeguarding all usernames, passwords, and authentication credentials associated with Your account and for all activity that occurs under those credentials, except to the extent such activity results solely from Divisly’s unauthorized disclosure of credentials. You or the applicable Authorized User must promptly notify Divisly of any known or suspected unauthorized access.
3.7 Authentication; Suspension/Termination. Divisly may suspend, restrict, or terminate any account or access to the Services for noncompliance with these Terms or if continued access could compromise data integrity, platform security, or Divisly’s legal or contractual obligations.
3.8 Account Deletion. You may request deletion of Your account at any time by contacting Divisly at the email address listed in Section 21. Divisly will process account deletion requests within thirty (30) days of receipt, subject to any legal or regulatory obligations requiring Divisly to retain certain information for a longer period. Upon account deletion, Divisly will delete or de-identify Your User Content in accordance with its data retention policies and these Terms. Note that deletion of Your account will also revoke all Authorized User access associated with Your Workspace. Exported or shared content that has already left Divisly’s systems cannot be recalled or deleted by Divisly.
4. FEES AND PAYMENTS.
4.1 One-Time Fee; App Store Billing. Access to the Services is provided on a per-transaction, one time fee basis. Fees are charged at the time of purchase through the applicable app store platform (such as Apple App Store or Google Play) or through Divisly’s website, as applicable. All purchases are processed by the applicable app store or payment processor, and their billing terms and refund policies apply to such transactions. Divisly does not directly collect or store Your payment card information for in-app purchases processed through app store platforms. You are responsible for all applicable taxes associated with Your purchase, other than taxes based on Divisly’s net income.
4.2 No Independent Payment Obligation of Authorized Users. Authorized Users do not have any independent obligation to pay fees to Divisly solely by virtue of being granted access by You. You remain solely responsible for all fees incurred in connection with Your account.
4.3 Refunds. For purchases made through a third-party app store platform (such as Apple App Store or Google Play), all refund requests are governed solely by the applicable app store’s refund policies, and Divisly has no ability to issue refunds for such transactions. For purchases made directly through Divisly’s website or other direct purchase channels, all sales are final except as expressly required by applicable law. If You believe You have been charged in error, please contact Divisly at the email address listed in Section 21 within thirty (30) days of the charge.
5. PERMITTED USE AND USE RESTRICTIONS.
5.1 Permitted Use Generally. You and Your Authorized Users may access and use the Services only for their intended purpose and in compliance with these Terms and applicable law. Authorized Users who are licensed professionals are additionally responsible for compliance with all professional and ethical obligations applicable to their use of the Services.
5.2 Prohibited Activities. The following activities are expressly prohibited, and (a) neither You nor any Authorized User may engage in them, and (b) You shall not permit any Authorized User within Your Workspace to engage in them:
a. Improper or Unlawful Communications and Content. No party may: (i) send or facilitate the sending of spam, junk mail, chain letters, or other unsolicited communications through the Services; (ii) post, upload, transmit, or distribute any content that is unlawful, deceptive, fraudulent, threatening, harassing, defamatory, obscene, pornographic, infringing, or otherwise objectionable; (iii) impersonate any person or entity, or misrepresent their identity or affiliation with another party, including misrepresenting a relationship with Divisly; (iv) distribute or submit content that infringes or misappropriates the contractual, fiduciary, intellectual property, privacy, publicity, or other rights of any third party; or (v) upload or transmit confidential, proprietary, or personal information of any third party without appropriate authorization.
b. Technical Misuse or Interference. No party may: (i) access or attempt to access the Services through unauthorized means or bypass access controls; (ii) introduce or upload viruses, worms, Trojan horses, malicious code, or other harmful material; (iii) use any automated system, scraper, crawler, bot, or similar technology to access or interact with the Services, except through Divisly-approved APIs; (iv) interfere with or disrupt the proper functioning, integrity, or security of the Services, servers, or networks; (v) attempt to probe, scan, test the vulnerability of, or circumvent any security or authentication measures; or (vi) access data, accounts, or workspaces that they are not authorized to access.
c. Misuse of Platform, Data, or Intellectual Property. No party may: (i) resell, sublicense, rent, lease, timeshare, or otherwise commercialize the Services or any portion thereof, except as expressly permitted in a written agreement with Divisly; (ii) copy, modify, reverse-engineer, decompile, disassemble, or create derivative works from the Services; (iii) remove, obscure, or alter any proprietary notices, branding, or attribution; or (iv) use any part of the Services, related data, or outputs to create, train, replicate, benchmark, or improve any large language model, generative-AI system, or other product or service that competes with Divisly.
d. Platform-Specific Prohibited Conduct. No party may: (i) use the Services to harass, intimidate, or abuse any other person; (ii) upload images or content depicting minors in any inappropriate or unlawful context; (iii) upload false, misleading, or fraudulent information regarding the value, ownership, or condition of any property or asset; or (iv) fabricate, alter, or manipulate inventory records or documentation for purposes of fraud or misrepresentation.
5.3 Prohibited Content; CSAM Reporting. You and each Authorized User are strictly prohibited from uploading, submitting, transmitting, or storing any image, video, or other content that sexually exploits or depicts minors in any way, including any content that constitutes child sexual abuse material (“CSAM”). Divisly complies with all applicable federal reporting obligations, including the requirement under 18 U.S.C. § 2258A to report known or apparent CSAM to the National Center for Missing and Exploited Children (“NCMEC”). Any account found to contain or transmit CSAM will be immediately and permanently terminated, and Divisly will report the matter to NCMEC and cooperate fully with law enforcement. Divisly reserves the right to report any suspected criminal activity identified in connection with use of the Services to appropriate law enforcement authorities.
5.4 Responsibility for Compliance. You are responsible for ensuring compliance with these restrictions by all Authorized Users associated with Your account. Each Authorized User is responsible for their own compliance with this Section. Divisly reserves the right to suspend, restrict, or terminate access to the Services (in whole or in part) for any violation of this Section.
6. USER CONTENT AND DATA.
6.1 Responsibility for User Content. You are responsible for all information, materials, and data that You or Your Authorized Users upload, submit, or transmit through the Platform or Services (collectively, “User Content”) and for all consequences of its use or submission. User Content includes, without limitation, property and asset inventory data, photos of real property and personal property, ownership preferences, notes, documents, reports, and other materials submitted or exchanged through the Services. Any User Content submitted by an Authorized User is deemed submitted on behalf of Your account. You must ensure that all User Content transmitted through Your account is accurate, truthful, current, complete, and lawful, and that You have all necessary rights, permissions, and authority to submit and process such User Content through the Services. Each Authorized User is responsible for the User Content that such Authorized User submits through the Services and for complying with Your instructions and permissions.
6.2 License to Divisly; Permitted Processing. By submitting User Content, You (and the submitting Authorized User, to the extent the Authorized User has rights in the submitted User Content) grant Divisly a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, store, and display such User Content solely as necessary to operate, maintain, secure, support, and provide the Services’ core functionality (including storage, retrieval, summaries, analytics, and workflow features) to You and Your Authorized Users and to comply with applicable law. Divisly shall not access, use, sell, disclose, or process User Content outside of those purposes.
6.3 Legal Compliance and Disclosure. Divisly may preserve or disclose User Content if required by law or in the good-faith belief that such action is reasonably necessary to: (i) comply with legal process or regulatory requirements; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of third parties; or (iv) protect the rights, property, or safety of Divisly, You, Authorized Users, or the public.
6.4 Ownership and IP Rights. You retain ownership of all User Content and associated materials submitted through the Services, subject only to the limited operational license granted above. If both an individual Authorized User and You contribute to the same User Content, ownership resides with You.
6.5 Access Controls. Divisly does not claim ownership of User Content and will not publish, sell, or use User Content for targeted advertising or other unrelated commercial purposes. Access to User Content within the Services is restricted to authorized participants within Your Workspace, subject to permissions and access controls. Divisly implements technical and organizational measures designed to prevent unauthorized access across user accounts.
6.6 Application During Trial or Evaluation Periods. User Content submitted during any trial, evaluation, freemium, or other no-fee access period is subject to the same confidentiality, security, access-control, and data-handling obligations as User Content submitted under a paid transaction.
6.7 AI-Related Content.
a. Definitions. “AI-Related Content” means all information, data, and materials used in or produced by Divisly’s AI-enabled functionality, including (i) “AI Inputs,” which are prompts, instructions, data, or other materials that You and/or Your Authorized Users submit for use in AI-enabled features within the Services, and (ii) “AI Outputs,” which are any data, text, summaries, classifications, recommendations, or other materials generated by such features.
b. AI Inputs. As between Divisly and You, You retain ownership of all AI Inputs submitted through the Services within Your Workspace, subject only to the limited licenses granted in these Terms. By submitting AI Inputs, You and/or the submitting Authorized User (as applicable) grant Divisly a limited, non exclusive, worldwide, royalty-free license to use, process, and analyze such AI Inputs solely to provide, maintain, secure, and improve Divisly’s AI-enabled functionality and to comply with applicable law.
c. Training Restrictions. Divisly does not use User Content or Protected Health Information (“PHI”) to train foundation models or general-purpose artificial intelligence systems. Any improvement of Divisly’s AI-enabled functionality is performed only using de-identified and aggregated data that cannot reasonably identify You or any individual and does not include PHI. Divisly does not permit third-party model providers to use User Content or AI Inputs submitted through the Services to train their general-purpose models.
d. AI Outputs. Divisly’s AI-enabled functionality may generate automated or AI-assisted outputs based on AI Inputs or other User Content. Divisly does not claim ownership of AI Outputs derived from Your data or prompts. As between the parties, AI Outputs generated within Your Workspace are deemed part of Your User Content. You and each Authorized User acknowledge that AI Outputs are algorithmically generated and may contain inaccuracies, omissions, or unintended results. You and any Authorized User who relies on an AI Output are solely responsible for reviewing, verifying, and approving any AI Output before relying on it or transmitting it to any Authorized User or other third party.
6.8 Data Retention and Export. Divisly may retain archived or backup copies of User Content and AI-Related Content in accordance with its internal data retention and deletion policies, provided that any retained copies remain subject to Divisly’s confidentiality and security obligations under these Terms. Upon Your written request made prior to termination, or upon termination or expiration of Your account (other than for uncured material breach), Divisly will, within a commercially reasonable time (not to exceed thirty (30) days unless otherwise required by law), make available for export Your User Content and AI Inputs in a commonly used and technically feasible format. Authorized Users do not have an independent right under these Terms to request export or deletion of User Content from Divisly; Authorized Users must direct such requests to You. Where required by applicable law, Divisly may cooperate with You in responding to an Authorized User request relating to workspace data, and Divisly may act on such request only as authorized or confirmed by You (unless Divisly is required by law to act without such confirmation). Following termination or expiration of Your account, Divisly will delete or de
identify User Content in accordance with its retention policies, except to the extent continued retention is required by applicable law, regulation, legal process, backup integrity requirements, or contractual obligation. Any retained data will remain subject to the confidentiality and security obligations set forth in these Terms.
6.9 Ownership Summary. Nothing in this Section transfers ownership of any User Content or related materials submitted through the Services. As between the parties, You retain all right, title, and interest in and to such materials. Divisly retains all right, title, and interest in and to the Services, including its software, models, algorithms, system architecture, workflows, documentation, and all improvements, enhancements, derivative works, and intellectual property created in connection with the Services or AI-enabled functionality, excluding Your User Content and AI Outputs derived from Your data. No rights are granted to You or any Authorized User except as expressly set forth in these Terms.
6.10 Exported and Shared Content. Once You export, download, or share any User Content (including any report, inventory list, PDF, or CSV file generated through the Services), Divisly has no ability to recall, restrict, or control that content. Divisly bears no responsibility for how exported or shared User Content is used, stored, disclosed, or introduced into any legal proceeding by You, any Authorized User, or any third party to whom You or an Authorized User provides access. You are solely responsible for all decisions regarding the export and sharing of User Content and for any consequences arising therefrom.
7. MONITORING AND INTELLECTUAL PROPERTY RIGHTS.
7.1 Monitoring. Divisly may monitor use of the Services to ensure compliance with these Terms, improve performance, maintain security, and protect the integrity of the platform. Divisly may use automated diagnostic, logging, and analytics tools that collect technical and usage data; however, such monitoring will not involve access to or review of User Content or other confidential information submitted through the Services except to the limited extent reasonably necessary to (i) respond to technical support requests, (ii) investigate suspected misuse, security incidents, or violations of these Terms, or (iii) comply with applicable law.
7.2 Divisly IP. All intellectual property rights in and to the Services (including, without limitation, all software, source code, object code, algorithms, models, data structures, workflows, interfaces, documentation, trade secrets, and all related improvements or derivative works) are and shall remain the exclusive property of Divisly and its licensors. The names “Divisly” and any related logos, service marks, or trade names are trademarks of Divisly and may not be used without prior written consent.
7.3 Divisly Confidential Information. All nonpublic technical, commercial, financial, or business information disclosed by Divisly in connection with the Services (“Confidential Information”) is proprietary and confidential. You and each Authorized User agree to protect such Confidential Information using at least the same degree of care that You use to protect Your own confidential information of a similar nature, but in no event less than reasonable care. You and each Authorized User may use Divisly’s Confidential Information solely as necessary to access and use the Services in accordance with these Terms and for no other purpose.
8. VIOLATIONS AND SUSPENSION.
8.1 Compliance. You are responsible for ensuring compliance with these Terms by You and all Authorized Users who access or use the Services through Your account or at Your direction. This includes compliance with the account obligations in Section 3 and the use restrictions in Section 5.
8.2 Suspension or Termination. Divisly may, in its sole discretion, suspend, restrict, or terminate Your or any Authorized User’s access to the Services, in whole or in part, if it determines that: (a) You or any Authorized User has violated these Terms; (b) continued access poses a security, confidentiality, legal, or data integrity risk; (c) suspension or termination is necessary to prevent fraud, abuse, or unlawful activity; or (d) suspension or termination is required to comply with applicable law, court order, or governmental request.
8.3 Notice; Cure. Where commercially reasonable under the circumstances, Divisly will provide notice prior to suspension and an opportunity to cure. However, Divisly may suspend access immediately without prior notice if necessary to protect the security or integrity of the Services, other users, or third parties.
8.4 Effect of Termination. Repeated, material, or uncured violations may result in permanent account termination. Suspension or termination shall not relieve You of any payment obligations accrued prior to such suspension or termination. Suspension or termination shall not relieve You or any Authorized User of any non payment obligations accrued prior to such suspension or termination.
9. CHANGES TO SERVICES.
9.1 Modifications; Discontinuation. Divisly reserves the right to modify, update, enhance, limit, or discontinue the Services, or any portion thereof, at any time in its sole discretion. This may include changes to features, functionality, integrations, AI-enabled tools, or technical requirements.
9.2 Pricing Changes. Divisly may also change pricing or service offerings from time to time. Any pricing changes will be communicated in advance through the Services or by other means as required by applicable law.
9.3 No Liability for Changes. You and each Authorized User acknowledge that the Platform and Services may evolve over time and that certain features may be added, modified, or retired. Divisly shall not be liable for any modification, suspension, limitation, or discontinuance of the Services, except as expressly provided in a separate written agreement between You and Divisly.
10. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Divisly and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) Your breach of these Terms; (b) any misuse of the Services by You or by any Authorized User within Your Workspace; (c) any User Content, AI Inputs, or other materials submitted through Your account that infringe, misappropriate, or otherwise violate the rights of any third party, including intellectual property, privacy, confidentiality, or publicity rights; (d) Your violation of applicable law or regulatory requirements; or (e) any dispute between You and any Authorized User or other third party arising out of or relating to the Services, including any dispute arising from Your decision to grant or revoke an Authorized User’s access. Divisly reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case You agree to cooperate fully in asserting any available defenses. Each Authorized User agrees to defend, indemnify, and hold harmless Divisly from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to that Authorized User’s breach of these Terms or misuse of the Services.
11. CONFIDENTIALITY AND DISCLOSURE.
11.1 Confidentiality Obligations. Divisly will maintain the confidentiality of all User Content and other nonpublic information submitted by You or Your Authorized Users through the Services using commercially reasonable administrative, technical, and physical safeguards consistent with prevailing SaaS security standards. Divisly will use such information solely for the purposes of providing, maintaining, securing, and supporting the Services, and as otherwise permitted under these Terms or required by applicable law.
11.2 Permitted Disclosures. Divisly may disclose such information only: (i) to its employees, contractors, and subprocessors who have a legitimate “need to know” for purposes of providing, maintaining, securing, or supporting the Services, provided that each is bound by written confidentiality obligations at least as protective as those set forth in these Terms; (ii) as required by applicable law, regulation, subpoena, court order, or other lawful governmental request, in which case Divisly will provide You with prompt written notice (to the extent permitted by law) prior to such disclosure so that You may seek a protective order or other appropriate remedy, and will disclose only the minimum portion of information it is legally required to produce; (iii) in connection with a merger, acquisition, financing, reorganization, or sale of Divisly’s business or assets, provided the recipient agrees in writing to maintain confidentiality under terms at least as protective as those set forth herein; or (iv) with Your prior written consent. Divisly does not sell User Content and does not disclose such information for cross-context behavioral advertising or targeted advertising.
11.3 Aggregated and De-Identified Data. Divisly may use and disclose aggregated, anonymized, or de-identified information derived from the Services (including usage statistics, performance metrics, trends, and benchmarking data) for analytics, product development, security monitoring, or industry reporting purposes, provided that such information cannot reasonably be used to identify You or any Authorized User. Such aggregated or de-identified data will not include PHI unless properly de-identified in accordance with applicable law.
11.4 Security Incidents; Limited Disclosure Disclaimer. You and each Authorized User acknowledge that no system or method of transmission over the Internet is completely secure. While Divisly implements commercially reasonable safeguards, it cannot guarantee that unauthorized access will never occur. Divisly will notify You without undue delay of any confirmed unauthorized access to User Content to the extent required by applicable law and will cooperate in good faith with reasonable investigation and remediation efforts. You are responsible for determining whether and how to notify Your Authorized Users, as applicable, subject to Your legal obligations and applicable law.
12. LINKS.
12.1 Third-Party Links. The Platform and Services may contain links to websites, platforms, or services operated by third parties. Divisly does not control and is not responsible for the content, accuracy, availability, security, or practices of any such third-party sites or services. The inclusion of a link does not imply endorsement, sponsorship, or affiliation by Divisly. Your and each Authorized User’s access to and use of any third party sites or services is at the applicable party’s own risk and subject to the terms and privacy policies of those third parties. Divisly disclaims all liability arising out of or relating to any access to, use of, or reliance on any third-party sites or services.
12.2 Third-Party Dependencies. To the extent the Services integrate with or rely on third-party providers (including hosting, infrastructure, analytics, identity verification, payment processing, or similar providers), Divisly shall not be liable for interruptions, errors, or data issues caused by such third parties beyond Divisly’s reasonable control.
13. NO WARRANTIES. YOUR AND EACH AUTHORIZED USER’S ACCESS TO AND USE OF THE SERVICES IS AT THAT PARTY’S SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. DIVISLY DOES NOT WARRANT THAT THE SERVICES WILLBE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOU AND EACH AUTHORIZED USER ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OBTAINED THROUGH THE SERVICES AND FOR TAKING APPROPRIATE PRECAUTIONS TO PROTECT YOUR SYSTEMS AND DATA. DIVISLY DOES NOT WARRANT THAT ANY AI-GENERATED CONTENT, RECOMMENDATIONS, SUMMARIES, ANALYSES, OR AUTOMATED COMMUNICATIONS PRODUCED THROUGH THE SERVICES WILL BE FACTUALLY CORRECT, LEGALLY SUFFICIENT, OR SUITABLE FOR YOUR OR ANY AUTHORIZED USER’S PURPOSES. YOU AND EACH AUTHORIZED USER ARE SOLELY RESPONSIBLE FOR REVIEWING, VALIDATING, AND APPROVING ANY AI OUTPUT BEFORE RELYING ON IT OR TRANSMITTING ITTO ANY AUTHORIZED USER OR OTHER THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED FROM DIVISLY OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVISLYSHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR OR ANY AUTHORIZED USER’S ACCESS TO OR USE OF THE SERVICES, EVEN IF DIVISLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF DIVISLY IS FOUND LIABLE NOTWITHSTANDING THE FOREGOING, ITS AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEE PAID BY YOU FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM, OR FIFTY U.S. DOLLARS ($50.00), WHICHEVER IS GREATER. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM ACCRUES, OR IT SHALL BE PERMANENTLY BARRED. THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EXCEPT TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY LAW. NOTHING IN THIS SECTION LIMITS LIABILITY FOR DIVISLY’S WILLFUL MISCONDUCT OR FRAUD.
15. FORCE MAJEURE EVENTS. You and each Authorized User acknowledge and agree that the Platform and Services may be interrupted or unavailable due to events outside Divisly’s control, including but not limited to work stoppages or other labor difficulties; inability to obtain necessary materials, components, or labor; wars; national emergencies; natural disasters; utility failures; third-party systems or network outages; governmental regulations; riots; adverse weather; pandemics; and other causes outside of Divisly’s control (collectively, “Force Majeure Events”). Divisly shall have no liability for such Force Majeure Events.
16. GOVERNING LAW.
16.1 Governing Law; Arbitration Forum. These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict-of-law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) in King County, Washington, under its Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
16.2 Informal Dispute Resolution. Before initiating arbitration, You and Divisly agree to attempt to resolve any dispute informally for at least thirty (30) days by contacting Divisly at support@divisly.com. If the dispute is not resolved within that time, either party may proceed with arbitration.
16.3 Class Action Waiver. To the maximum extent permitted by applicable law, You and each Authorized User agree that any dispute, claim, or controversy against Divisly will be brought and resolved only on an individual basis. No dispute may be arbitrated or litigated on a class, collective, representative, or private attorney general basis, and the arbitrator (or court, if applicable) may not consolidate claims of more than one party or otherwise preside over any form of class, collective, representative, or private attorney general proceeding.
16.4 Jury Trial Waiver. To the maximum extent permitted by applicable law, You and each Authorized User waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms or the Services, including any action seeking to enforce or vacate an arbitration award or seeking injunctive relief under Section 16.3.
16.5 Small Claims Option. Notwithstanding the foregoing, either You or Divisly may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies.
17. NOTICES. You agree that Divisly may communicate any notices to You, including notices of changes to these Terms, through e-mail, in-app notification, or by posting such notices on the Platform or through the Services. Divisly may also provide notices directly to Authorized Users where required by applicable law or where operationally necessary, including for security-related or account-specific communications.
18. NO WAIVER; SEVERABILITY. Any failure by Divisly to exercise any rights or enforce any provision of these Terms shall not constitute a waiver of such rights or provisions. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
19. PRIVACY POLICY. In addition to these Terms, Your access to and use of the Platform and Services are subject to Divisly’s Privacy Policy, available at divisly.com/privacy-policy and incorporated herein by reference. By downloading, installing, or using the Services, You acknowledge that You have read and agree to the Privacy Policy.
20. CHANGES TO TERMS. As set forth in the preamble above, Divisly reserves the right to change, modify, add, or remove any portion of these Terms at any time in its sole discretion. Divisly will update the “Last Updated” date and may provide notice through the Services or by other means as required by applicable law. If a material change affects Authorized Users’ use of the Services within Your Workspace, Divisly may also provide notice to You for communication to Your Authorized Users, or directly to Authorized Users where appropriate. Continued access to or use of the Platform or Services by You or any Authorized User following notice of any amendment constitutes acceptance of the amended Terms.
21. CONTACT INFORMATION. If You or an Authorized User would like to contact us with questions or comments concerning our Terms, please e-mail us at support@divisly.com.
22. ELECTRONIC COMMUNICATIONS. You agree to receive communications from Divisly electronically, including by email, in-app notifications, or through the Services. You agree that such communications satisfy any legal requirement that communications be in writing.
23. ADDITIONAL COOPERATION. You and each Authorized User agree to cooperate with and assist Divisly in good faith, and to provide any information Divisly may reasonably request in connection with an investigation into misuse or abuse of the Services. Divisly administers these Terms at its sole discretion and is not an agent of You, any Authorized User, or any other third party.
24. ASSIGNMENT. You may not assign or transfer these Terms or any rights or obligations under these Terms without Divisly’s prior written consent. Divisly may assign or transfer these Terms without restriction.
25. ENTIRE AGREEMENT. These Terms, together with the Privacy Policy and any other terms incorporated by reference, constitute the entire agreement between You and Divisly regarding the Services and supersede all prior or contemporaneous agreements, communications, or understandings relating to the Services.
