Terms and Conditions

1. About these Terms

These Terms of Use govern access to and use of the Divide website and web application at divideapp.com.au, including any case, invitation, communication, report, professional-access or payment feature that we make available (together, Divide or the Service).

By creating an account, accepting an invitation, accessing a case or using Divide, you agree to these Terms and our Privacy Policy. If you do not agree, do not use Divide.

Divide is operated by Divide by Simplified Moves Pty Ltd (ACN 700 293 401 · ABN 21 700 293 401) (we, us or our).

2. Eligibility

You may create or use a participant or professional account only if you:

• are at least 18 years old;
• are ordinarily resident in Australia;
• have legal capacity to accept these Terms;
• provide accurate account information; and
• have not been suspended or prohibited from using Divide.

A person outside Australia may join an international-interest waitlist where available but must not create or use a separation case unless we expressly make the Service available in that country.

You must use your own account. You must not impersonate another person, access another person's account or share your login credentials.

3. What Divide does

Divide is a shared record-keeping and communication tool for Australian separation cases. It can help participants:

• record household items, financial assets, liabilities and responsibilities;
• add photographs and permitted image evidence;
• privately record preferences or decisions;
• identify agreed, single-claimant, contested or unresolved records;
• communicate through available case tools;
• grant limited case access to authorised professionals; and
• generate summaries and reports from information entered by users.

Features may change as the Service develops. The app will show which features and permissions are available in a particular case.

4. What Divide does not do

Divide does not:

• provide legal, financial, tax, accounting, valuation, counselling, safety or family-dispute-resolution advice;
• act as a lawyer, mediator, accountant, financial adviser, valuer, trustee, escrow service or court;
• decide legal ownership, entitlement, value, fairness or the outcome of a property settlement;
• verify that an item, document, photograph, statement, valuation, debt or ownership claim is accurate or authentic;
• create a binding agreement, court order, consent order or legally enforceable settlement merely because information appears in a case or report;
• continuously monitor messages, uploads or conduct; or
• provide an emergency, family-violence or crisis-response service.

You should obtain independent professional advice before relying on information in Divide or making legal or financial decisions.

5. Cases and participants

A separation case normally has two participants, referred to in the app as Participant A and Participant B. The case creator is Participant A until Participant B accepts the invitation.

After Participant B accepts, payment does not give either participant greater legal ownership of, or control over, the shared information. The intended model is that both participants have equal standing, subject to any safeguards, approval processes and technical permissions displayed in the app.

Each participant is responsible for:

• reviewing information before relying on it;
• correcting their own entries where appropriate;
• keeping their email address and account secure;
• understanding who can access the case; and
• exporting any information they need before access expires or a case is deleted.

6. Free exploration and paid access

Divide may permit a case to be explored without payment up to a stated free limit. The intended launch limit is 50 combined active records across the whole case, including inventory records, financial assets, liabilities and responsibilities. The limit is shared and is not reserved equally between participants.

At the limit, existing records may remain viewable and editable, but new records, professional-access features, reports and other paid functionality may be unavailable until paid access is activated.

Until checkout is enabled in the app, paid functionality may be unavailable. When paid case access is offered:

• the launch price is $247 including GST;
• either participant may pay;
• one successful payment unlocks the paid case features for both participants;
• payment does not give the payer greater control or entitlement; and
• there is no subscription, automatic renewal or recurring charge.

The checkout screen and Payment and Refund Terms form part of these Terms.

7. Paid period, archive and reactivation

Unless the checkout states otherwise, paid case access lasts for 12 months from successful payment and activation.

At the end of the paid period, we may place the case into a read-only archive for a further 12 months. During the archive period, participants may view the case and download existing reports where the feature is available, but editing and other active features may be restricted.

Either participant may reactivate the case for another paid period at the price displayed at that time. Reactivation is not automatic.

Before planned deletion after the archive period, we will take reasonable steps to give at least 30 days' notice to the contact email addresses recorded for the case. Users remain responsible for keeping those addresses current and downloading records they need.

We may retain or preserve information beyond the ordinary period where reasonably required for law, a court or regulatory request, a complaint, safety incident, fraud review, chargeback, security investigation, dispute, or the establishment, exercise or defence of legal claims.

8. Professional users

Where professional-access features are available, a participant may invite an independent professional to a case, subject to the role, consent process and permissions shown in the app.

The intended launch model is:

• each participant may invite their own lawyer to a restricted, read-only view;
• a jointly appointed mediator or family dispute resolution practitioner requires both participants' approval;
• each participant may invite their own accountant, who receives restricted access to the Financial Register and may mark entries within their scope as verified; the other participant may choose to use the same accountant, giving that accountant access to both sides;
• a financial-adviser role is not offered at initial launch;
• professionals do not receive the other participant's residential or safe address, or participant-to-participant messages, by default;
• a mediator may use a separate mediated communication thread and may record proposed or agreed outcomes without changing participant source entries; and
• authorised professionals may generate or download only the reports and information permitted for their role.

The exact access shown in the app at the time of invitation applies. Do not invite a professional unless you understand and accept the permissions displayed.

Professionals are independent of Divide. We do not employ, endorse, supervise or guarantee them, and we do not verify their qualifications unless we expressly say that we have done so. Their access does not create a lawyer-client, fiduciary, mediation, accounting or advisory relationship with Divide.

Removing a professional ends future access through the Service, but cannot retrieve copies or reports already downloaded or otherwise lawfully retained outside Divide.

9. Messages and communications

Where direct messaging is available:

• either participant may disable direct participant messaging immediately;
• re-enabling direct participant messaging may require both participants' agreement;
• participant-to-participant messages are intended to be visible only to the participants;
• a mediator may communicate through a separate mediated thread; and
• messages may be retained as part of the case record and may not be editable or deletable after sending.

Do not use messages for emergencies, threats, service of legal documents or communications prohibited by a court or intervention order. Divide does not continuously monitor messages.

10. Reports

Reports are generated from user-entered information and system records. They may include disputed, unverified or incomplete information.

A report may identify the participant who paid for case access, the payment date and the amount paid. That information is administrative only and does not establish ownership, contribution, legal entitlement or fairness.

Reports are not legal advice, financial advice, a valuation, proof of ownership, a binding settlement, a court document or a substitute for professional review. You are responsible for checking a report before sharing or relying on it.

A report may contain confidential personal information. Store and share it securely. Divide cannot control a downloaded report after it leaves the Service.

11. Your information and uploads

You retain ownership of intellectual property rights in information and content you lawfully upload or enter (User Content).

You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, back up, display and transmit User Content only as reasonably necessary to:

• provide and secure Divide;
• make it available to authorised case members and professionals;
• generate reports and exports;
• provide support;
• investigate misuse, security incidents or complaints;
• comply with law; and
• enforce these Terms.

This licence ends when the relevant information is deleted from active systems, except to the extent it remains in backups, must be retained for a permitted purpose, or has been genuinely de-identified.

At initial launch, uploads may be limited to item photographs and image-based receipts or valuations. Do not upload identity documents, bank statements, court documents, audio, video, intimate images, passwords, access credentials or other highly sensitive or legally restricted material unless the app expressly permits it and you are lawfully authorised to do so.

You must keep your own copy of important information. Divide is not intended to be the sole or permanent repository for original documents or evidence.

12. Information about another person

You must not enter, upload or share another person's personal information unless you have a lawful basis and authority to do so.

You warrant that your User Content:

• is accurate to the best of your knowledge or is clearly presented as your own position or allegation;
• does not breach confidentiality, privacy, intellectual property, privilege, a court order or another legal obligation;
• is reasonably relevant to the case; and
• is not obtained or used unlawfully.

Where information is disputed, Divide may preserve each participant's stated position or attach a dispute note rather than deciding which position is correct.

13. Acceptable use and safety

You must not use Divide to:

• harass, threaten, intimidate, shame, abuse or coerce another person;
• engage in coercive control, stalking, surveillance or location tracking;
• evade an intervention order, protection order, no-contact direction or court order;
• impersonate another person or access another person's device, email or account;
• upload intimate, pornographic, humiliating, defamatory, malicious or illegally obtained material;
• falsify evidence, ownership, values, payments, identities or professional credentials;
• upload malware or interfere with the security or operation of Divide;
• scrape, reverse engineer or access the Service through unauthorised automated means;
• use information from Divide for an unrelated commercial purpose; or
• otherwise act unlawfully or infringe another person's rights.

We may restrict invitations or messaging, remove content, suspend access, preserve relevant records or take other reasonable steps where we suspect unlawful, abusive, fraudulent or unsafe use. We may refer a matter to authorities where required or permitted by law.

If there is immediate danger, call 000. Divide is not an emergency or crisis service.

14. Account and case deletion

Before Participant B accepts an invitation, the creator may delete the case, subject to retention required for security, legal or operational purposes.

After both participants have contributed, a request to delete the whole shared case will ordinarily require both participants' approval or expiry of the applicable retention period. However, the other participant does not have an absolute veto over every privacy request.

If one participant requests deletion, restriction, access or correction and the other participant objects, we will assess the request having regard to:

• whose information it is;
• the shared nature and integrity of the case record;
• whether information remains reasonably needed to provide the Service to the other participant;
• correction or dispute-annotation options;
• applicable law and court orders;
• complaints, safety, fraud and security considerations; and
• the establishment, exercise or defence of legal claims.

Closing an account may end that person's access without automatically destroying records reasonably required for the other participant or a permitted retention purpose.

Deletion from active systems may not immediately remove information from encrypted backups, logs or records required by law. We will securely delete or de-identify information when it is no longer reasonably needed for a permitted purpose.

15. Suspension and termination

We may suspend or terminate access, remove content or restrict features where reasonably necessary because of:

• breach of these Terms;
• unlawful, abusive, unsafe or fraudulent activity;
• security risk;
• non-payment;
• legal or regulatory requirements;
• service discontinuation; or
• protection of users, Divide or third parties.

Where practicable and safe, we will give reasonable notice and an opportunity to export information. Immediate action may be taken where delay could create risk.

16. Service availability and changes

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free availability. Maintenance, outages, provider failures, security events or circumstances beyond our reasonable control may affect access.

We may add, remove or change features. We will not knowingly reduce an existing paid access period retrospectively without a lawful basis and an appropriate remedy. If we discontinue Divide, we will take reasonable steps to provide advance notice and an export opportunity where practicable.

17. Intellectual property

Except for User Content, Divide and its software, branding, design, text, reports, templates, workflows and other materials are owned by or licensed to us and are protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable right to use Divide for its intended personal or authorised professional purpose during your access period. You must not copy, resell, license, reverse engineer or commercially exploit the Service except as permitted by law or with our written consent.

18. Third-party services

Divide relies on service providers for hosting, authentication, email delivery, storage and, when enabled, payment processing. Their own terms and privacy practices may apply to their services.

We are not responsible for third-party websites or services merely because Divide links to or integrates with them. This does not limit rights that cannot lawfully be excluded.

19. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

Where a service failure is minor and can be remedied, we may choose to remedy it within a reasonable time. For a major failure, or where another non-excludable remedy applies, you may be entitled to cancel the affected service and receive a refund or other remedy as provided by law.

20. Disclaimers and limitation of liability

To the maximum extent permitted by law:

• Divide is supplied on an as-available basis;
• you are responsible for decisions made using information in a case or report;
• we are not responsible for inaccurate, unlawful or misleading User Content entered by users or professionals; and
• we are not responsible for actions taken by another participant or professional outside our reasonable control.

Any limitation or exclusion in these Terms applies only to the extent permitted by law. The final liability allocation remains subject to review by our commercial lawyer.

21. Complaints and support

Contact support@divideapp.com.au for support, payment issues, privacy concerns, abuse reports or complaints. Please include enough information for us to understand and assess the issue, but do not email highly sensitive documents unless requested through a secure method.

We will acknowledge complaints within a reasonable period and aim to provide an outcome or progress update within 30 days, depending on complexity and legal requirements.

22. Changes to these Terms

We may update these Terms prospectively. We will publish the updated version and new effective date. Where a change is material, we will take reasonable steps to notify affected users before it takes effect.

Continued use after the effective date indicates acceptance, but we will not rely on a change to remove rights that cannot lawfully be removed or to retrospectively reduce an existing paid entitlement without an appropriate remedy.

23. General

These Terms and the documents incorporated into them form the agreement between you and us concerning Divide. If part of these Terms is unenforceable, the remaining parts continue. A delay in enforcing a right is not a waiver.

You may not transfer your account or rights under these Terms. We may transfer our rights and obligations as part of a genuine restructure, financing or sale, subject to applicable law and privacy obligations.

24. Governing law and contact

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.

Divide by Simplified Moves Pty Ltd

ACN 700 293 401

ABN 21 700 293 401

Email: support@divideapp.com.au