DivvyPal Terms and Conditions
Last Updated: [11/20/2024]

1. Acceptance of Terms

By downloading, installing, or using the DivvyPal mobile application ("App"), you ("User") agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the App.

2. Use of the App

DivvyPal, Inc. ("Company") grants you a non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial use only, subject to these Terms.

3. Privacy Policy

Please refer to our [Privacy Policy] for information on how we collect, use, and disclose information from our Users.

4. Definitions

In this Agreement, the following terms shall have the meanings specified:

• "Account": A unique account created for you to access our Service or parts of our Service.

• "Service Provider": Third-party companies or individuals employed by the Company to facilitate the Service, provide the Service on behalf of the Company, perform services related to the Service, or assist the Company in analyzing how the Service is used.

• "Personal Data": Any information that relates to an identified or identifiable individual.

• "Usage Data": Data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (e.g., the duration of a page visit).

5. License to Use

Users are granted a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the App solely for personal, non-commercial use in accordance with these Terms.

6. Acceptable Uses

Users must use the App for lawful purposes only. Prohibited behaviors include, but are not limited to:

• Using the App unlawfully or for any illegal activities.

• Harassing, threatening, abusing, or intimidating other users.

• Impersonating someone else or using someone else's account.

• Spamming other users.

• Reverse engineering the App.

• Developing third-party apps that interact with the App without authorization.

7. Prohibited Conduct

Users are prohibited from:

• Engaging in any activity that violates any laws or regulations.

• Copying, modifying, or distributing any part of the App without our written permission.

• Using the App to harm minors or perform any activity that is obscene, offensive, or inappropriate.

8. User-Generated Content

Users retain ownership of content they create but grant DivvyPal, Inc. a license to use, distribute, reproduce, modify, adapt, and publicly display such content. Users are responsible for the legality and appropriateness of their content.

9. Third-Party Services

Users may connect their bank accounts via Plaid, transfer money via Astra, and utilize receipt scanning via Taggun. By using these services, users agree to comply with their respective terms and conditions:

• Plaid: For more details, refer to Plaid's Privacy Policy and Terms of Service.

• Astra: For more details, refer to Astra's Privacy Policy and Terms of Service.

• Taggun: For more details, refer to Taggun's Privacy Policy and Terms of Service.

10. Data Collection by Third Parties

DivvyPal, Inc. may share data with third parties (Plaid, Astra, Taggun) as necessary to provide their services. Users consent to the collection, use, and sharing of their data in accordance with the privacy policies of these third parties.

11. Fees and Charges

DivvyPal, Inc. may charge fees for transactions or services offered within the App. Users will be notified of applicable fees prior to completing any transaction.

12. User Eligibility

The App is intended for Users who are 18 years of age or older and U.S. citizens. While the App can be used globally, only U.S. citizens may send money within the App.

13. Account Termination

We reserve the right to terminate or suspend any account or prevent any User from creating an account for any reason, including but not limited to, violation of these Terms.

14. Intellectual Property

All intellectual property rights in the App and related materials are owned by DivvyPal, Inc. This includes, but is not limited to, software, text, images, and logos, except where our App interfaces with third-party partners (Plaid, Astra, and Taggun).

15. Negative Balances and Failed Transfers

Any transaction resulting in a negative balance is the User’s responsibility. Users must reimburse DivvyPal, Inc. for any negative balances incurred. The Company reserves the right to suspend or terminate any account with unsuccessful transfers.

16. Subscription Services (Apple App Store)

If you purchase a subscription through the Apple App Store:

• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period.

• Your Apple ID account will be charged for renewal within 24 hours before the end of the current period, at the same cost as the original subscription, unless otherwise stated.

• You can manage your subscriptions and turn off auto-renewal by going to your Account Settings in the App Store after the purchase.

• Any unused portion of a free trial period, if offered, will be forfeited when the User purchases a subscription to that service, where applicable.

• Refunds for subscriptions are subject to Apple's refund policy. To request a refund, contact Apple Support directly, as refunds are managed by Apple, not by DivvyPal, Inc.

17. Dispute Resolution

Any disputes arising from or relating to these Terms will be resolved through binding arbitration, in accordance with the rules of the American Arbitration Association. The location of the arbitration will be in Dover, Delaware.

18. Modifications to Terms

We may modify these Terms at any time. Users will be notified of any changes through the App. Continued use of the App following the posting of changes constitutes acceptance of those changes.

19. Limitation of Liability

To the maximum extent permitted by law, DivvyPal, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the App; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the App.

20. Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.

21. Contact Information

For support or questions regarding these Terms, please contact us at Support@divvypal.com.

22. Additional Provisions

• Device Responsibility: It is the User's responsibility to ensure that their device remains charged. The Company cannot be held responsible for any loss of access due to a device running out of battery.

• Internet Connectivity: The Company cannot be held responsible if the App does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance. Any charges for data usage are the responsibility of the User.

• Updates to the Application: The Company may update the App at any time. Users are required to download updates to continue using the App. The Company does not guarantee compatibility with all versions of operating systems.

• Termination of Services: The Company may terminate the provision of the App at any time without notice. Upon termination, the rights and licenses granted to you will end, and you must cease using the App and delete it from your device.