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Terms of Service

The Divvy Corporation, Inc.
July 20, 2017

1. Welcome!

Thank you for using the services (the “Services”) provided to you by The Divvy Corporation, Inc. (hereinafter referred to as “Divvy”). Divvy is a Massachusetts domestic corporation with its principal place of business located at 116 Topsfield Road, Wenham, Massachusetts 01984.

By using Divvy’s Services you (“you,” “your,” or “User”) are agreeing to the terms further defined below (hereinafter the “Terms” or the “Agreement”). If you do not agree with the Terms, you will not have any rights hereunder and shall not use Divvy’s Services.

Services include access and use of (1) Divvy’s website (thedivvy.com) (“website”), (2) any other internet services, components, programs, and tools, and (3) updates and maintenance to the website, service information, help content or prevention of computer viruses.

The Terms are an agreement between you and Divvy and have a binding, legal effect.

Please review the Terms carefully.

Please contact our Divvy Team by e-mailing help@divvy.com or by calling via telephone 1-978-468-2508 with any questions or concerns you may have.

The Terms are as follows:

2. Registration

To begin the use of and benefit from Divvy’s Services, User’s must create and register a “User” account (“Account”). You, as the user, hereby agree to provide true and accurate information (“Personal Information”) about yourself when requested during registration. Further, you hereby agree provide updates to Personal Information in order to maintain up-to-date, true and accurate Personal Information with Divvy. Details regarding what information will be required and collected by Divvy as your Personal Information can be found in Divvy’s Privacy Information page.

In the event you do not provide true and accurate Personal Information, or at any point such information is no longer true and accurate, Divvy possesses (a) the right to terminate your Account,(b) the right to suspend your Account and/or (c) the right to refuse to provide your Account with any current or future Services.

3. Use of Divvy Services

The use of Divvy’s Services does not provide you with any ownership rights to any intellectual property (“IP”) provided in Divvy’s Services (i.e. Divvy’s website, correspondence, etc.) or the content of which you access. You shall not use such content from Divvy’s Services with the exception that you have obtained written consent from Divvy, or any other owner of the IP or as otherwise permitted by applicable law.

You shall not misuse the Services in any way. You shall only use Divvy’s Services as permitted by applicable law. You shall not interfere with Divvy’s Services or try to access the Services in any method other than the instructions and requests Divvy provides to you.

Divvy’s Services may be obtained through the use of mobile devises. In the event you use Services on a mobile device, you shall abide by all safety and traffic laws and do not use the Services on a mobile device in any way that would be distracting to other or otherwise prevent others from abiding by all safety and traffic laws. Divvy reserves the right to suspend or terminate Services to any User who does not comply with these Terms.

You may take notice of certain content while using Divvy’s Services that is not owned by Divvy because Divvy’s Services do display content that is not Divvy’s (“Third-Party Content” or “Content”). Any entity that makes Third-Party Content available to you possesses the sole responsibility for that Content. Divvy possesses the right to review and determine if Third-Party Content is illegal or in violation of our Terms and/or other policies. Divvy does not review all Third-Party Content.

4. User’s Consent to Electronic Communication

Divvy’s primary method of communication with its Users is via electronic mail (“e-mail”). Divvy shall use the e-mail address(es) which you provide with your Personal Information, or any e-mail you provide to Divvy subsequent to the time you initially provide your Personal Information. As a reminder, you are solely responsible for maintaining true and accurate Personal Information with us, including your e-mail address(es).

By registering and creating and account as explained in Section 2 above, you hereby agree to receive notices electronically from Divvy. You further agree that Divvy may provide all correspondence and notices of transactions related to Services and your Account via e-mail. Such correspondence includes but is not limited to (1) changes, revisions, amendments and modifications to any agreements, Terms, Services, Privacy Information page and any other Divvy policy, disclosure, or communication with third parties including other Divvy users, and (2) any other correspondence Divvy is required to provide pursuant to applicable law. Notices of transactions include but are not limited to statements, any notices related to the transaction and any disputes with the transaction.

Information provided through electronic communication from Divvy will be provided via e-mail which may contain additional hyperlinks necessary to access in order to obtain the information Divvy intends to convey. It is your sole responsibility to access the website provided via hyperlink. Please contact Divvy if a hyperlink is broken or otherwise does not provide access. Divvy reserves the right to notify and provide this information via the website.

5. Indemnification

You hereby agree that you shall defend, indemnify and hold harmless Divvy, its affiliates, directors, officers, employees, attorneys, agents and representatives from and against any claims, damages, losses, penalties, liability, costs, tax assessments, interest and expenses, including but not limited to any claim for attorneys’ fees, of any kind or nature which arise from any claim, action or investigation (collectively “Claim” or “Claims”) which relate to any of the following:

  1. Claim for any violation, whether actual or alleged, of your representations, warranties and obligations as agreed upon in these Terms;
  2. Claims relating to, or arising from, any transaction you submit to Divvy’s Services;
  3. Claims for your conduct to be wrongful or improper use, whether actual or alleged, of Divvy’s Services;
  4. Claims for any violation of federal law of the United States of America or any other country, or the laws of the Commonwealth of Massachusetts;
  5. Claims for your violation of any third-party’s intellectual property rights;
  6. Claims for any violation by a third-party who accessed and/or used Divvy’s Services under your Account; and
  7. Any claims for negligence committed by you or unauthorized third party via your Divvy Account.

6. User’s License

By agreeing to Divvy’s Terms, you are hereby granted a personal license (“License”) to the access and use of Divvy’s Services. This License shall be limited to the restricted use of making and receiving payments, and the management of funds you may receive via Services. The License shall be revocable and not irrevocable by Divvy. The License shall be non-exclusive and non-transferable to any third party.

Access by a third party to your Account with Divvy is strictly prohibited by Divvy. You shall not permit a third-party to do any of the following:

  1. Access or attempt to access Services, systems, programs, Personal Information or date that is private and not public information;
  2. Transfer any rights granted to you by Divvy through these Terms;
  3. Authorizing any third party to benefit from Services through any arrangement including but not limited to lease agreements;
  4. Share any material in any way including but not limited to the copying, republishing, posting, transmitting, uploading, reselling or distributing;
  5. Interfere with the proper conduct of Services, prevent access to or use of Services by Divvy’s users in any way, including any action taken that is negligent to the operation of Divvy; and
  6. Any malicious, wrongful or illegal act committed by a third party via use of your license granted by Divvy under this Section 6.

7. Assignment

You shall not assign or otherwise transfer any rights or licenses granted to you by these Terms. Divvy may assign any rights or licenses granted to you by these Terms without restriction.

8. Ownership

Divvy is the rightful and lawful owner of Services. As further defined in Section 6 above, the ability to User to use and benefit from Divvy services is via the License. Divvy’s Services are protected pursuant to intellectual property laws.

Divvy possesses and maintains the right to implement and otherwise use the substance of any comment from you on how to improve the Services (“Comment”). Divvy appreciates and encourages all submissions of Comments from all of its User. However, please note when you submit a Comment to Divvy, you thereby agree that your Comment is unsolicited, without restriction and gratuitous to Divvy. Divvy then has no obligation to you, including any obligation as fiduciary. Divvy may provide additional compensation for Comment to any user, but is under no obligation to do so. Compensation for Comment is determined in the sole discretion of Divvy.

9. Right to Privacy

Please review Divvy’s Privacy Information thoroughly and carefully.

Through acceptance of the Terms provided herewith, you submit your acceptance and confirmation that you have read, accepted and understand Divvy’s Privacy Information page.

If you cannot access Divvy’s Privacy Information page, please contact Divvy immediately and we will accordingly assist you in gaining access.

10. Security of Personal Information

The security of your Personal Information is a top priority for Divvy. Divvy provides technical and organizational measures in a commercially reasonable method and manner designed to secure Personal Information from loss of all kinds.

Divvy strives to provide the strong security for its Users who benefit from its Services. However, Divvy cannot guarantee that unauthorized third parties will not attempt, and succeed, in gaining access around the measures Divvy has undertaken. Personal Information may be subject to accidental loss or from unauthorized access, alteration, use and/or disclosure.

By agreeing to these Terms, you hereby acknowledge that when you provide Personal Information, you provide and assume the risk associated therewith.

11. Protection of Personal Information

You shall be responsible for the safety and confidentiality of your account numbers, passwords, login details and all other security or access information used by you personally to access, use and benefit from Divvy’s Services. You shall be responsible in preventing unauthorized access to your Personal Information and any other information you provide to Divvy. You shall be responsible for all e-mails sent to Divvy or to any third-party which such correspondence contains Personal Information.

It is your responsibility to notify us of any loss, theft or unauthorized use of your Personal Information. Divvy is under no obligation to recognize any loss, theft or unauthorized use of your Personal Information.

By accepting these terms, you hereby further agree to grant permission to Divvy to combine your Personal Information with that of other Divvy users in order to improve Divvy Services. All combinations of Personal Information of its users shall be anonymous.

12. Disputes

Time: Any action or proceeding commenced by User to enforce any dispute or claim (“User Claims”) for an obligation or right granted pursuant to the Terms or by applicable law shall and must be commenced within one (1) year after the alleged claim. This provision may be superseded as otherwise required by law.

Dispute Resolution: Any dispute between Divvy and you (including but not limited to the applicability, construction or meaning of this Agreement) that cannot be amicably resolved shall, upon demand of either party with written notice to the other party, be submitted to arbitration under the rules of the American Arbitration Association. Any such arbitration shall be conducted in Boston, Massachusetts by one (1) arbitrator. The prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys’ fees and all other expenses related to the User Claims. The decision of the arbitrator shall be binding, conclusive and final.

13. LIMITATION OF DIVVY LIABILITIES

Divvy shall provide our services using a commercially reasonable level of care. Divvy hopes you enjoy its Services. However, there are certain things about Divvy’s Services it does NOT promise:

WHERE PROVIDED BY APPLICABLE LAW, DIVVY AND DIVVY’S PROCESSORS, SUPPLIERS OR ITS LICENSORS OR ANY OF DIVVY ASSOCIATES’ AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AFFILIATES, OR REPRESENTATIVES (HEREINAFTER COLLECTIVELY “DIVVY AND DIVVY ASSOCIATES”) SHALL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, CONSEQUENTIAL EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.

WHERE PROVIDED BY APPLICABLE LAW, THE COMPLETE LIABILITY OF DIVVY AND DIVVY ASSOCIATES FOR ANY DISPUTES OR CLAIMS PURSUANT TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT OF PAYMENT YOU MADE TO DIVVY FOR USE OF SERVICES.

WHERE PROVIDED BY APPLICABLE LAW, DIVVY AND DIVVY ASSOCIATES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DAMAGE, FINANCIAL LOSS, LOST PROFITS, REVENUES OR DATA, OR INJURY CAUSED BY UNAUTHORIZED THIRD PARTIES, INCLUDING BUT NOT LIMITED TO HACKING AND TAMPERING OF SERVICES, YOUR ACCOUNT, PERSONAL INFORMATION AND OTHER INFORMATION CONTAINED THEREIN.

WHERE PROVIDED BY APPLICABLE LAW, DIVVY AND DIVVY ASSOCIATES SHALL ASSUME NO RESPONSIBILITY FOR ANY (A) INACCURACIES OR ERROS OF SERVICES OR FOR ANY LOSS OR DAMAGE CAUSED AS A RESULT THEREOF; (B) COMPUTER OR SYSTEM VIRUSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH DIVVY’S SERVICES BY ANY UNAUTHORIZED THIRD PARTY; (C) UNAUTHORIZED ACCESS TO OUR SERVICES AND TO PERSONAL INFORMATION; (D) PERSONAL INJURY, PROPERTY DAMAGE OR DEATH, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO SERVICES, AND; (E) CONDUCT OR CONTENT BY A DIVVY USER OR UNAUTHORIZED USER WHICH MAY BE DETERMINED TO BE DEFAMATORY, OFFENSIVE, HARASSMENT, AND/OR ILLEGAL.

14. Amendment to Terms

(a) Divvy possesses the right to update, revise or otherwise change the Services provided in its sole discretion. (b) Divvy possesses the right to update, revise or otherwise change user limits regarding the use of Services. (c) Divvy possesses the right to make immediate changes or revisions to the Services in order to comply with applicable laws or to maintain an adequate and effective security system for Divvy Users. (d) Divvy possesses the right to perform any and all maintenance, necessary or unnecessary, to the Services which may result in interruptions, delays and/or errors to the use of Services.

Divvy will use best efforts to provide you with reasonable notice of any changes of Divvy Services as listed in the above Subsections (a) through (d) of this Section 14.   Divvy will use best efforts to provide such notice through correspondence such as e-mailing Users at the e-mail address(es) provided with Personal Information and/or in the Divvy website.

Please be aware that Divvy does not guarantee notice will always be provided.

15. Termination of User

Without notice and liability Divvy may suspend, terminate or in any other manner refuse to allow access to Services to any User for any reason or no reason at all. Such suspension, termination or otherwise may be temporary or permanent in time. Divvy may suspend, terminate or otherwise end a User’s accessibility to Services for any reason, including but not limited to Divvy’s sole determination that User has violated the Terms listed hereunder or for no reason at all. Divvy does not possess the responsibility to maintain recordings including Personal Information and may delete all records of a User who has been terminated.

In the instance of such suspension, termination or other refusal to permit access to Services, User shall forthwith cease using Services and the license provided as described in the above Section 6.

You hereby agree that upon suspension, termination or other refusal to access Services, Divvy shall not be liable to you or any third party for the refusal of access to Services or the deletion of records including Personal Information.

Your rights and obligations pursuant to the above Sections 5 (Indemnification) and 13 (Limitation of Liability) shall survive in the instance of termination of this Terms of Service.

16. Business Users of Divvy Services

If the instance you are using Services on behalf of a business entity, including but not limited to corporations, limited liability companies, limited liability partnerships, etc., that business accepts these Terms. The business shall hold Divvy harmless and indemnify Divvy, its officers, directors, employees, affiliates, associates and attorneys from any lawsuit, claim or other action arising from and related to the uses of these Services or violation of these Terms including without limitation claims, litigation costs and reasonable attorneys’ fees.

17. User’s Representation and Warranty

You hereby represent and warrant as follows:

  1. The name you provided at the time of registration is your legal name;
  2. You are eighteen (18) years of age or older at the time of registration and of proper capacity to register pursuant to the Terms hereunder;
  3. You have the right and ability and right to perform hereunder;
  4. The Personal Information you have provided to Divvy is true and accurate;
  5. You are an authorized signer on the bank account provided with your Personal Information both at the time of registration and subsequent thereto;
  6. You shall not use and/or access Divvy’s Services, directly or indirectly, for any illegal activity including but not limited to any fraudulent undertaking or in any other manner so as to interfere with Divvy’s Services or in any other way harm Divvy.

18. Divvy’s Warranty

Divvy hereby warrants that, other than expressly set out in these Terms or any additional terms made by Divvy, to the extent permitted by applicable law, Services are provided without warranties of any kind, express or implied, including without limitation the implied warranty of merchantability, fitness for any particular purpose, or non-infringement. Neither Divvy nor its associates make any specific or special promises about the Services, the specific functions of the services or the Services’ availability, reliability or ability to meet your specific needs.

DIVVY’S SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.

19. General Provisions

These Terms are the complete agreement between you and Divvy except where expressly provided in these Terms.

These Terms describe the entire liabilities of Divvy for its Services and provide you with your remedies.

Waiver of any term in these Terms shall not be deemed a further or continuing waiver of such term of any other term. Divvy’s failure to assert its rights pursuant hereunder shall not be determined to be a waiver of such right or provision.

These terms shall prevail in the instance of conflict between these Terms and the Privacy Information page.

20. Electronic Fund Transfers (“EFTs”) and Account Balances
By creating an account with Divvy and initiating bank deposits or withdraws (i.e. EFTs), you agree to the terms of service and privacy policy of our financial software provider, SynapseFI, and SynapseFI financial institution partner’s Terms of Service & Privacy Policy  (“SynapseFI TOS”) which are incorporated herein by reference. Terms not defined in this section shall be defined in SynapseFI TOS. We have partnered with SynapseFI, a financial services software company, to help you pool your savings and take turns borrowing cash without interest rates. When you sign up for an account with our Platform, you will also be be signing up for a SynapseFI User Account (as defined in SynapseFI TOS). You authorize us to share your identity and banking information with SynapseFI to open and support your User Account as further detailed in our Privacy Policy and SynapseFI’s Privacy Policy. It is your responsibility to make sure the data you provide us is accurate and complete. Additionally, you are responsible for complying with SynapseFI TOS when using your User Account. It is your responsibility to read and understand SynapseFI TOS as it contains terms and conditions relating to your SynapseFI user account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitrations provisions.

When you open a SynapseFI User Account, you will link a checking or savings account to perform EFT and, if applicable, deposit funds into your SynapseFI User Account. Deposits into your User Account are held at SynapseFI’s financial institution partners as detailed in SynapseFI TOS. DEPOSITS HELD IN A USER ACCOUNT MAY BE ELIGIBLE FOR INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS DEPENDING ON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC. FOR PURPOSES OF APPLICABLE FDIC DEPOSIT INSURANCE LIMITATIONS, DEPOSITS IN ACCOUNTS AT THE FINANCIAL INSTITUTIONAL PARTNER(S) OPENED THROUGH THE FINANCIAL INSTITUTIONAL PARTNER(S) WITH SYNAPSEFI MAY NOT BE SEPARATELY INSURED FROM ANY OTHER ACCOUNTS YOU MAY HAVE OPENED WITH THE FINANCIAL INSTITUTIONAL PARTNER(S), DEPENDING ON THE NAMED ACCOUNT OWNERS.

All EFT transactions are performed by and deposits are held by SynapseFI financial institution partner. Divvy and SynapseFI only transmit transaction instructions to SynapseFI financial institution partner. Divvy will provide you with all transactions notifications and User Account balances in addition to providing customer support relating to your SynapseFI User Account ad detailed below.

21. Transactions History and Disputes
All questions regarding EFT transactions or your SynapseFI User Account must be directed to help@thedivvy.com or 1-978-468-2508 and not to SynapseFI or its financial institution partners. Divvy is responsible for resolving issues and errors relating to transactions and account balances. If you wish to make a financial service complaint against Divvy, you may email help@synapsefi.com.

 

These Terms shall be governed by Massachusetts law as applied to contracts and agreements entered into and performed solely in the Commonwealth of Massachusetts, notwithstanding choice of law or conflicts of law principles that would otherwise require the application of law of another jurisdiction and/or federal law. Divvy and User hereby further agree and consent to the exclusive jurisdiction and venue in the state court of Suffolk County, Massachusetts or the federal court for the District of Massachusetts.