Terms of Service

Welcome to DivSuite. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and DivSuite (“Company,” “we,” “us,” or “our”) governing your access to and use of our website, software, applications, and services (collectively, the “Services”).

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

1. Acceptance of Terms

By creating an account, accessing, or using any part of our Services, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

DivSuite provides a unified commerce platform including, but not limited to, point of sale systems, inventory management, warehouse management, e-commerce integrations, accounting tools, and related business management software. The specific features available to you depend on your subscription plan and may change over time.

3. Account Registration and Security

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe may be compromised.

4. Acceptable Use Policy

You agree NOT to use our Services to:

• Violate any applicable federal, state, local, or international law or regulation
• Engage in any fraudulent, deceptive, or misleading activities
• Infringe upon the intellectual property rights of others
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Services
• Collect or harvest user data without authorization
• Use the Services for any illegal, harmful, or unethical purpose

5. Payment Terms and Billing

Certain Services require payment of fees. By subscribing to paid Services, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide valid payment information and authorize us to charge your payment method
• Accept that fees are non-refundable except as expressly stated in these Terms
• Understand that failure to pay may result in suspension or termination of Services

We reserve the right to modify pricing with reasonable notice. Continued use of the Services after a price change constitutes acceptance of the new pricing.

6. Intellectual Property Rights

All content, features, functionality, software, and materials available through our Services, including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, and software, are owned by DivSuite or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms.

7. User Data and Content

You retain ownership of all data, content, and information you submit to our Services (“User Data”). By using our Services, you grant us a limited license to use, store, and process your User Data solely for the purpose of providing the Services to you.

You are solely responsible for the accuracy, quality, integrity, legality, and intellectual property ownership of your User Data. We do not assume any liability for User Data or any loss or damage resulting from its use.

8. Third-Party Services and Integrations

Our Services may integrate with or provide links to third-party services, including but not limited to payment processors, marketplace platforms (such as Amazon, eBay, and Walmart), and accounting software. These third-party services are governed by their own terms and policies. We are not responsible for the content, accuracy, availability, or practices of any third-party services.

YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THIRD-PARTY SERVICES AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF SUCH SERVICES.

11. Indemnification

You agree to indemnify, defend, and hold harmless DivSuite and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any User Data you submit through the Services

12. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. We shall not be liable to you or any third party for any termination of your access to the Services.

You may terminate your account at any time by contacting us. Upon termination, you remain responsible for all fees incurred prior to termination.

13. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language and shall take place in the State of Delaware, United States.

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through our Services or via email. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and DivSuite regarding the Services and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at: