Terms of Service
IMPORTANT:
DivvyRight is NOT a law firm, NOT a financial advisor, and NOT an accounting service. DivvyRight does not provide legal, financial, or tax advice. Our platform is a data compilation and organization tool only. You should consult with a licensed attorney before submitting any financial disclosure documents to a court.
Table of Contents
- 1. Definitions
- 2. Nature of Service & Critical Disclaimers
- 3. Account Registration & Eligibility
- 4. Subscription, Fees & Payment
- 5. User Responsibilities
- 6. Intellectual Property
- 7. Third-Party Integrations
- 8. Data Accuracy Disclaimer
- 9. Limitation of Liability
- 10. Warranty Disclaimer
- 11. Indemnification
- 12. Dispute Resolution
- 13. Termination
- 14. Miscellaneous
- 15. Contact
1. Definitions
For the purposes of these Terms of Service, the following definitions apply:
- "Agreement" means these Terms of Service, together with our Privacy Policy and any other policies or guidelines referenced herein, which collectively govern your access to and use of the Service.
- "Content" means any data, text, documents, information, financial records, or other materials that you upload, enter, import, or otherwise provide to the Service, whether manually or through Third-Party Services.
- "Compiled Output" means any reports, summaries, documents, spreadsheets, financial disclosures, or other organized materials generated by the Service using your Content and data obtained from Third-Party Services.
- "Service" means the DivvyRight platform, including the website, web application, any associated APIs, and all features, functionality, and tools provided by DivvyRight.
- "User" or "You" means any individual or entity that accesses or uses the Service, whether as a registered account holder or otherwise.
- "Third-Party Services" means external platforms, financial institutions, data providers, or services (including, but not limited to, financial data aggregators and connected bank or financial accounts) that integrate with or provide data to the Service.
- "Subscription" means the paid plan or tier selected by the User to access certain features and functionality of the Service, as described on our pricing page and subject to the payment terms outlined in Section 4 of this Agreement.
2. Nature of Service & Critical Disclaimers
PLEASE READ THIS SECTION CAREFULLY. IT DEFINES THE NATURE AND LIMITATIONS OF THE SERVICE.
DivvyRight is a DATA COMPILATION AND ORGANIZATION TOOL ONLY. The Service is designed to help users collect, organize, and compile financial data and related information into structured documents. The Service does not analyze, interpret, or provide recommendations regarding any legal, financial, or tax matters.
DivvyRight expressly does NOT:
- Provide legal advice, financial advice, tax advice, or accounting services of any kind;
- Represent users in any legal proceedings, negotiations, or disputes;
- Verify the legal sufficiency, completeness, or accuracy of any Content or Compiled Outputs;
- Guarantee that any documents or Compiled Outputs meet the requirements of any court, jurisdiction, or regulatory body;
- Provide guidance on how to complete, interpret, or submit financial disclosure forms;
- Create any attorney-client, fiduciary, advisory, or professional-client relationship between DivvyRight and the User.
You are SOLELY responsible for reviewing and verifying ALL data and Compiled Outputs generated by the Service. Compiled Outputs are produced using automated processes based on the data you provide and data obtained from Third-Party Services. These outputs may contain errors, omissions, or inaccuracies.
DivvyRight STRONGLY recommends that you consult with a licensed attorney before relying on, submitting, or filing any Compiled Outputs or documents generated by the Service. Laws governing financial disclosure vary significantly by jurisdiction, and only a qualified legal professional can advise you on your specific obligations and rights.
No information provided on the DivvyRight platform, including any guides, tooltips, prompts, or interface text, should be construed as legal, financial, or tax advice. Such information is provided solely for the purpose of assisting you in navigating the data-entry and compilation features of the Service.
3. Account Registration & Eligibility
3.1 Eligibility
You must be at least eighteen (18) years of age to create an account and use the Service. By creating an account, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into this Agreement.
3.2 Account Creation
To access certain features of the Service, you must register for an account by providing accurate, current, and complete information as requested during the registration process. You agree to update your account information promptly to keep it accurate, current, and complete.
3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to immediately notify DivvyRight of any unauthorized use of your account or any other breach of security. DivvyRight shall not be liable for any loss or damage arising from your failure to protect your account credentials.
3.4 One Account Per User
Each individual may maintain only one (1) account on the Service. Creating multiple accounts for the purpose of circumventing restrictions, abusing promotional offers, or for any other deceptive purpose is strictly prohibited and may result in immediate termination of all associated accounts.
4. Subscription, Fees & Payment
4.1 Subscription Plans
The Service offers various subscription plans with different features, functionality, and pricing tiers. A description of available plans and their respective features is provided on our Pricing page. DivvyRight reserves the right to modify, add, or remove subscription plans at any time.
4.2 Automatic Renewal
Unless you cancel your Subscription before the end of the current billing period, your Subscription will automatically renew for successive periods of the same duration at the then-current rate. You authorize DivvyRight to charge your designated payment method for all applicable fees upon renewal.
4.3 Payment Terms
All fees are stated in United States dollars and are non-refundable except as expressly provided in this Agreement or as required by applicable law. You are responsible for all applicable taxes, and DivvyRight may charge taxes as required by law.
4.4 Refund Policy
Refund requests will be evaluated on a case-by-case basis at DivvyRight's sole discretion. To request a refund, please contact us at legal@divvyright.com. DivvyRight reserves the right to deny refund requests that do not meet its refund criteria.
4.5 Pricing Changes
DivvyRight reserves the right to change its pricing at any time. Any pricing changes will take effect at the start of your next billing cycle following notice of the change. Your continued use of the Service after a pricing change constitutes your acceptance of the new pricing. If you do not agree to the new pricing, you may cancel your Subscription before the start of the next billing cycle.
5. User Responsibilities
By using the Service, you represent, warrant, and agree that:
- Truthful and Accurate Information: All Content you provide to the Service is truthful, accurate, and complete to the best of your knowledge. You understand that the quality and accuracy of Compiled Outputs depends entirely on the accuracy of the data you provide.
- Sole Responsibility for Accuracy: You are solely responsible for the accuracy, completeness, and legality of all Content you provide and all Compiled Outputs generated by the Service. DivvyRight does not independently verify any information you provide.
- Verification of Compiled Outputs: You must carefully review and verify all Compiled Outputs before relying on, submitting, or filing them with any court, government agency, opposing party, or other third party.
- Compliance with Laws and Court Rules: You must comply with all applicable federal, state, and local laws, regulations, and court rules in connection with your use of the Service and any Compiled Outputs.
- No Fraudulent or Unlawful Conduct: You must not use the Service to conceal assets, commit fraud, misrepresent financial information, violate court orders, or engage in any unlawful activity. You acknowledge that providing false or misleading financial information in legal proceedings may constitute perjury or fraud and may result in severe legal penalties.
- Jurisdictional Variations: You acknowledge that financial disclosure requirements vary significantly between jurisdictions, courts, and case types. It is your responsibility to determine whether Compiled Outputs meet the specific requirements of your jurisdiction and case. DivvyRight makes no representation that Compiled Outputs satisfy the requirements of any particular jurisdiction.
6. Intellectual Property
6.1 DivvyRight's Intellectual Property
The Service, including all software, algorithms, code, designs, graphics, trademarks, logos, user interface elements, and documentation, is the exclusive property of DivvyRight and its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. Nothing in this Agreement grants you any right, title, or interest in the Service except for the limited right to use it as expressly permitted herein.
6.2 Your Content
You retain all ownership rights in the Content you provide to the Service. By submitting Content, you grant DivvyRight a limited, non-exclusive, royalty-free license to use, process, store, and display your Content solely for the purpose of providing and improving the Service. This license terminates when you delete your Content or close your account, subject to any backup or archival retention periods described in our Privacy Policy.
6.3 Compiled Output Ownership
Subject to DivvyRight's intellectual property rights in the underlying templates, formatting, and compilation methodology, you own the Compiled Outputs generated by the Service using your Content. DivvyRight retains all rights in the structure, templates, algorithms, and processes used to generate Compiled Outputs.
6.4 Limited License
Subject to the terms of this Agreement, DivvyRight grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes during the term of your Subscription. You may not sublicense, distribute, sell, or otherwise commercially exploit the Service or any portion thereof.
7. Third-Party Integrations
7.1 Third-Party Connections
The Service may allow you to connect to or integrate with Third-Party Services, including but not limited to financial data aggregators, banking institutions, and other external platforms. By connecting a Third-Party Service, you authorize DivvyRight to access, retrieve, and use data from those services on your behalf and in accordance with our Privacy Policy.
7.2 No Responsibility for Third-Party Data
DivvyRight is not responsible for the accuracy, completeness, timeliness, or availability of data provided by Third-Party Services. Data from financial institutions and other third parties may contain errors, may be delayed, or may not reflect the most current information. You acknowledge that DivvyRight does not control and cannot verify data obtained from Third-Party Services.
7.3 Third-Party Terms
Your use of Third-Party Services is subject to those services' own terms of service and privacy policies. DivvyRight is not a party to any agreement between you and any Third-Party Service and shall not be liable for any act or omission of any Third-Party Service.
7.4 Availability
DivvyRight does not guarantee the continued availability of any Third-Party Service integration. Third-Party Services may modify, limit, or discontinue their services or API access at any time without notice, which may affect the functionality of the Service.
8. Data Accuracy Disclaimer
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT ADDRESSES THE ACCURACY AND RELIABILITY OF DATA AND COMPILED OUTPUTS PROVIDED BY THE SERVICE.
DIVVYRIGHT MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY OF ANY KIND REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR LEGAL SUFFICIENCY OF:
- User-Provided Data: Any Content you enter, upload, or otherwise provide to the Service;
- Third-Party Data: Any data obtained from financial institutions or other Third-Party Services;
- Compiled Outputs: Any reports, documents, summaries, or other materials generated by the Service; or
- Legal Sufficiency: The suitability of any Compiled Outputs for use in any legal proceeding, court filing, or regulatory submission.
Data obtained from financial institutions and other Third-Party Services may contain errors, omissions, or inaccuracies. Account balances, transaction histories, and other financial data may be delayed, incomplete, or incorrect. DivvyRight relies on Third-Party Services to provide accurate data and has no ability to independently verify such data.
The automated compilation process used by the Service may produce errors, including but not limited to: miscategorized transactions, incorrect account balances, duplicated or missing entries, formatting errors, and calculation errors.
THE USER IS SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND CONFIRMING THE ACCURACY OF ALL DATA AND COMPILED OUTPUTS BEFORE RELYING ON, SUBMITTING, OR FILING THEM. DIVVYRIGHT SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY DATA OR COMPILED OUTPUT.
9. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS DIVVYRIGHT'S LIABILITY TO YOU.
9.1 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIVVYRIGHT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO DIVVYRIGHT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.2 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIVVYRIGHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages of any kind;
- Lost profits, revenue, data, or business opportunities;
- Adverse court rulings, legal outcomes, or judicial determinations resulting from or related to the use of the Service or Compiled Outputs;
- Penalties, sanctions, fines, or contempt findings imposed by any court or regulatory body;
- Errors, inaccuracies, or omissions in data provided by Third-Party Services;
- Errors in Content provided by the User or in Compiled Outputs resulting from inaccurate Content;
- Decisions made or actions taken based on Compiled Outputs or any other information obtained through the Service;
- Unauthorized access to or alteration of your account, data, or transmissions;
- Service interruptions, downtime, or unavailability, whether planned or unplanned;
- Acts or omissions of any third party, including Third-Party Services, financial institutions, or other users.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER DIVVYRIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIVVYRIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
- WARRANTIES OF NON-INFRINGEMENT;
- WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA, CONTENT, OR COMPILED OUTPUTS;
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- WARRANTIES OF AVAILABILITY OR UPTIME OF THE SERVICE OR ANY THIRD-PARTY SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DIVVYRIGHT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. Indemnification
You agree to defend, indemnify, and hold harmless DivvyRight, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your Use of the Service: Any claim arising from or related to your access to or use of the Service, including any Compiled Outputs generated therefrom;
- Content Accuracy: Any claim arising from inaccuracies, errors, or omissions in the Content you provide or the Compiled Outputs generated using your Content;
- Submission of Compiled Outputs: Any claim arising from your submission, filing, or use of Compiled Outputs in any legal proceeding, court filing, or other context;
- Violation of Terms: Any breach or alleged breach of this Agreement by you;
- Violation of Law: Any violation of applicable laws, regulations, or court orders by you in connection with your use of the Service;
- Misrepresentation in Proceedings: Any claim that you provided false, misleading, or incomplete financial information in any legal proceeding using Compiled Outputs or other materials derived from the Service.
DivvyRight reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with DivvyRight's defense of such claim.
12. Dispute Resolution
12.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Service (a "Dispute") informally by contacting DivvyRight at legal@divvyright.com. The parties shall use good faith efforts to resolve the Dispute within thirty (30) days of receipt of the written notice of the Dispute.
12.2 Binding Arbitration
If a Dispute cannot be resolved informally within the thirty (30) day period described above, either party may initiate binding arbitration. Any Dispute shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its then-current Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator.
12.3 Venue & Governing Law
The arbitration shall take place in Nashville, Tennessee, United States. This Agreement and any Disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. Any court proceedings ancillary to arbitration (including motions to compel arbitration, confirm an arbitration award, or enforce an arbitration award) shall be brought exclusively in the state or federal courts located in Davidson County, Tennessee.
12.4 Class Action Waiver
YOU AND DIVVYRIGHT AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, then the arbitration agreement shall be deemed null and void with respect to such proceeding, and the Dispute shall proceed in court.
12.5 Small Claims Exception
Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of that court, provided the action remains in small claims court and is not removed or transferred to a court of general jurisdiction.
13. Termination
13.1 Termination by User
You may cancel your Subscription and terminate your account at any time through your account settings or by contacting us at legal@divvyright.com. Cancellation will take effect at the end of the current billing period. You will retain access to the Service through the end of the paid billing period.
13.2 Termination by DivvyRight
DivvyRight reserves the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to: breach of this Agreement, fraudulent activity, non-payment of fees, violation of applicable laws, or conduct that DivvyRight reasonably determines is harmful to other users, DivvyRight, or third parties.
13.3 Data Export & Deletion
Upon termination or cancellation of your account, you will have thirty (30) days to export your Content and Compiled Outputs from the Service. After the thirty (30) day export period, DivvyRight will permanently delete your Content and Compiled Outputs in accordance with our Privacy Policy, except as required to comply with legal obligations or resolve disputes.
13.4 Surviving Provisions
The following sections shall survive termination or expiration of this Agreement: Sections 1 (Definitions), 2 (Nature of Service & Critical Disclaimers), 6 (Intellectual Property), 8 (Data Accuracy Disclaimer), 9 (Limitation of Liability), 10 (Warranty Disclaimer), 11 (Indemnification), 12 (Dispute Resolution), and 14 (Miscellaneous).
14. Miscellaneous
14.1 Entire Agreement
This Agreement, together with the Privacy Policy and any other policies or documents referenced herein, constitutes the entire agreement between you and DivvyRight regarding the Service and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Service.
14.2 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of this Agreement.
14.3 No Waiver
The failure of DivvyRight to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by DivvyRight.
14.4 Assignment
You may not assign or transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of DivvyRight. DivvyRight may assign this Agreement in its entirety, without your consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
14.5 Force Majeure
DivvyRight shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, fire, flood, pandemic, epidemic, power outages, internet or telecommunications failures, or the acts or omissions of Third-Party Services.
14.6 Notices
DivvyRight may provide notices to you via email to the address associated with your account, through in-app notifications, or by posting on the Service. Notices to DivvyRight must be sent to legal@divvyright.com or to the mailing address provided in Section 15. Notices are deemed given when sent by email (upon transmission) or when delivered if sent by mail.
15. Contact
If you have any questions, concerns, or complaints regarding these Terms of Service or the Service, please contact us at:
We will make reasonable efforts to respond to all inquiries within a commercially reasonable timeframe.