Effective Date: August 2024
Welcome to Divsly! These Terms of Use ("Terms") govern your use of our website, divsly.com (the "Site"), and any related services provided by Divsly, Inc. ("we," "our," or "us"). By accessing or using our Site and services (collectively, the "Services"), you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
1. Acceptance of Terms
By using our Services, you affirm that you are at least 18 years old, or the age of majority in your jurisdiction, and that you have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Changes to Terms
We may update these Terms from time to time. When we do, we will post the revised Terms on this page and update the "Effective Date" above. We encourage you to review these Terms periodically. Your continued use of the Services after the revised Terms are posted constitutes your acceptance of the changes.
3. User Accounts
3.1 Registration
To use certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.
3.2 Paid Accounts
Certain features of the Services are available only to paid account holders. These accounts include feature caps and limitations as described on our Pricing Page.
- There is no cancellation policy for paid accounts. Users who wish to terminate their subscription can delete their accounts at any time.
- There is no refund policy. If a user is dissatisfied with the subscription, they are encouraged to contact our support team for assistance.
- Deleting an account will terminate access to all paid features immediately.
3.3 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 notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account.
3.4 Termination
We reserve the right to suspend or terminate your account at any time, for any reason, including if you violate these Terms. Upon termination, your right to use the Services will immediately cease.
4. Use of Services
4.1 License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal or internal business purposes.
4.2 Prohibited Conduct
You agree not to:
- Use the Services for any unlawful purpose or in violation of any local, state, national, or international law;
- Use the Services to infringe upon the intellectual property rights of others;
- Access or attempt to access any part of the Services that you are not authorized to access;
- Disrupt or interfere with the security or integrity of the Services or the data contained therein;
- Use any automated means, such as bots or scripts, to access or interact with the Services;
- Use the Services to distribute viruses, malware, or other harmful software;
- Attempt to reverse-engineer or decompile any part of the Services.
5. Intellectual Property
5.1 Ownership
All content and materials available on the Site and through the Services, including but not limited to text, graphics, logos, icons, images, and software, are the property of Divsly or its licensors and are protected by intellectual property laws.
5.2 Trademarks
"Divsly," the Divsly logo, and any other product or service names or slogans displayed on the Site are trademarks of Divsly, Inc. or our licensors, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
5.3 User Content
You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the User Content in connection with providing the Services.
6. Privacy
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.
7. Third-Party Links and Services
Our Services may contain links to third-party websites, products, or services that are not owned or controlled by Divsly. We are not responsible for the content, privacy practices, or any other aspect of these third-party sites and services. Your use of third-party sites and services is at your own risk.
8. Disclaimers and Limitation of Liability
8.1 Disclaimers
The Services are provided "as is" and "as available," without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that the Services will be uninterrupted, error-free, or secure.
8.2 Limitation of Liability
To the maximum extent permitted by law, Divsly and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising out of or in connection with your use of or inability to use the Services.
9. Indemnification
You agree to indemnify, defend, and hold harmless Divsly, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms are governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles.
10.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in [Insert Location], and the decision of the arbitrator will be final and binding.
