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Terms of Service

Effective Date: October 16, 2026

These Terms of Service ("Terms") govern your access to and use of the DivvyDen platform, website, software, services, features, applications, tools, and related offerings made available through https://divvyden.com (collectively, the "Platform").

The Platform is owned and operated by Otto Web Solutions, LLC, doing business as DivvyDen ("DivvyDen," "we," "us," or "our").

By accessing or using the Platform, creating an account, subscribing to a paid plan, generating content, publishing a profile, selling a digital product, purchasing a digital product, booking a service, registering for an event, enrolling in a membership, using automation features, or sending marketing communications through the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Platform.

1. About DivvyDen

DivvyDen is a software-as-a-service platform for creators and businesses. The Platform offers a broad and growing set of tools, which may include:

  • Link-in-bio profiles — customizable public pages with links, social handles, branding, and analytics;
  • AI Book Studio — AI-assisted creation of ebooks, picture books, puzzle books, coloring books, journals, recipe books, courses, and other digital content formats, including AI-generated cover art;
  • Digital storefronts — tools to publish, market, and sell ebooks, courses, audio products, digital downloads, and other approved digital products;
  • AI-generated Landing Pages — custom, AI-designed marketing pages built for a specific ebook, course, puzzle, picture book, or other product you publish, including AI-written copy and page layout;
  • AutoDM (Social Media Automation) — automated direct message and comment reply features for supported social platforms, including Instagram and Facebook;
  • Social Promoter — AI-assisted organic post creation and publishing to connected Facebook Pages, Instagram accounts, and Pinterest boards, including post history and logging. This includes DivvyDen's own official social accounts, which DivvyDen may use, at its discretion, to promote published creator content (such as ebooks, courses, puzzles, and picture books) as part of the Service — see Section 19 (License You Grant to DivvyDen) below;
  • Sales Funnels and Email Marketing — automated email sequence tools triggered by lead magnet opt-ins, product purchases, or manual enrollment;
  • Lead Magnets — tools to offer downloadable resources in exchange for subscriber opt-ins;
  • Bookings and appointments — scheduling and payment tools for service-based creators;
  • Events and ticketing — tools to create, promote, and sell tickets to live or virtual events;
  • Memberships — recurring subscription and membership management tools;
  • Store Hub (Business tier) — a digital hub for physical businesses including loyalty stamp cards, QR check-ins, giveaways, and surveys;
  • Analytics — profile views, link clicks, product performance, and sales metrics;
  • Creator directory — a discoverable listing of public profiles; and
  • Other tools — additional features that DivvyDen may introduce over time.

DivvyDen may offer free plans, paid subscription plans, and premium feature add-ons. Availability of specific features depends on your subscription plan and account type.

2. Eligibility

To create an account, use paid features, sell digital products, offer services, run automations, send marketing emails, or receive payouts through the Platform, you must be at least 18 years old and capable of entering into a legally binding agreement.

By using the Platform, you represent and warrant that you meet these requirements.

If you use the Platform on behalf of a business or other entity, you represent and warrant that you are authorized to bind that entity to these Terms.

3. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Platform, our business practices, legal requirements, payment provider requirements, card network rules, or operational needs.

Updated Terms will become effective when posted on the Platform unless a later date is stated.

Your continued use of the Platform after revised Terms are posted means you accept the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform.

4. Your Account

You may need to create an account to access certain features. You agree to provide accurate, current, and complete information and to keep your information updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You must notify us promptly if you believe your account has been accessed without authorization or otherwise compromised.

You may not transfer, sell, assign, rent, or share your account in a way that violates these Terms or applicable law.

5. Usernames, Profiles, and Public Pages

When creating a profile, you may select a username, handle, or profile identifier. Your username, profile, store, links, and published content must not:

  • Impersonate another person, brand, business, or organization;
  • Infringe another party's intellectual property, privacy, publicity, or other rights;
  • Contain misleading, deceptive, offensive, unlawful, or harmful content;
  • Be used primarily for username squatting, resale, or bad-faith use;
  • Misrepresent your identity, affiliation, qualifications, or authority; or
  • Violate these Terms or any applicable law.

We may require a username change, reclaim inactive usernames, remove profile content, disable links, suspend profiles, or terminate accounts that violate this section.

6. Subscription Plans, Billing, and Cancellation

DivvyDen may offer free and paid subscription plans. By subscribing to a paid plan, you authorize Otto Web Solutions, LLC d/b/a DivvyDen and our payment processors to charge your selected payment method on a recurring basis for the plan you selected, plus any applicable taxes, until you cancel.

Unless otherwise stated at purchase, paid subscriptions automatically renew at the end of each billing cycle for the same subscription term at the then-current price.

You may cancel your subscription at any time through your account settings. Cancellation stops future renewals. Unless otherwise stated, cancellation does not refund amounts already paid, and paid features remain available until the end of the current billing period.

7-day money-back guarantee. If you are not happy with a paid subscription plan, you can ask for a full refund of your first payment for that plan within 7 days of being charged — no reason needed. Request it from the Your Plan page in your dashboard (or contact support), and the refund goes back to your original payment method. A refunded plan is cancelled right away and your account moves to the Free plan. The guarantee applies to your first payment on each paid plan (monthly or annual), once per account. It does not cover purchases of other sellers' digital products, which follow Section 13.

Except for the 7-day money-back guarantee above, all subscription fees are non-refundable once charged, including for partial billing periods, unused time, downgrades, or account closure, except where required by applicable law.

If a payment fails, is declined, is reversed, or is disputed, we may suspend paid features, downgrade your account, retry the charge, restrict access, or take reasonable action to recover unpaid amounts.

7. Digital Product Sales

DivvyDen may allow eligible users to create, publish, market, and sell approved ebooks, courses, audio products, and other approved digital products through the Platform.

When you sell a digital product through DivvyDen, you are responsible for the product you publish, the accuracy of your product listing, the rights to your content, the legality of the product, customer support obligations, and compliance with these Terms.

DivvyDen may provide checkout, download delivery, sales tracking, analytics, refund tools, payout tracking, and other marketplace-related functionality.

DivvyDen may approve, reject, remove, restrict, review, or disable any product listing, creator store, ebook, course, file, account, or payout if we believe it violates these Terms, creates legal or payment risk, violates payment processor rules, infringes rights, misleads customers, or harms the Platform.

8. Services Offered Through the Platform

DivvyDen may allow users to offer appointment bookings, ticketed events, membership subscriptions, lead magnet campaigns, and other service-based or audience-building features through the Platform (collectively, "Creator Services").

When offering Creator Services, you (the "Service Provider") are solely responsible for:

  • Delivering the booked appointment, service, event, or membership benefit as described;
  • Setting accurate pricing, availability, cancellation policies, and refund terms visible to customers;
  • Complying with all applicable laws, including consumer protection, professional licensing, industry-specific regulations, and data privacy requirements applicable to your service or location;
  • Managing customer communications, scheduling, support, and any cancellations or rescheduling;
  • Complying with the terms of any third-party platform or integration used in connection with Creator Services;
  • For lead magnet campaigns: accurately describing the downloadable resource, delivering it promptly, obtaining valid subscriber consent, and complying with all applicable email and privacy laws; and
  • Any tax, accounting, and reporting obligations related to revenue you earn through Creator Services.

DivvyDen provides tools to facilitate Creator Services but is not a party to any service agreement, booking contract, membership arrangement, event ticket sale, or lead magnet opt-in between you and your customers or subscribers. We do not guarantee fulfillment, quality, delivery, or outcome, and are not liable for disputes between Service Providers and their customers or subscribers.

9. Social Media Features

9.1 AutoDM (Automated Messaging and Comment Replies)

DivvyDen may offer social media automation features, including automated direct message replies and comment responses, on supported third-party platforms such as Instagram and Facebook (the "AutoDM Feature").

By using the AutoDM Feature, you:

  • Grant access: You grant DivvyDen limited, revocable access to your social media account(s) solely to enable and operate the automation rules you configure. You represent that you have full authority to authorize this access for the applicable account.
  • Compliance with Social Platform terms: You acknowledge and agree that your use of AutoDM must comply with the terms of service, community guidelines, developer policies, messaging policies, and API usage terms of the applicable social platform(s), including Meta's Platform Terms, Instagram's Community Guidelines, and any successor or related policies. You are solely responsible for maintaining compliance with those policies.
  • Account restriction risk: You acknowledge that social platforms may independently restrict, rate-limit, suspend, or terminate access to your social account at any time for any reason, including as a result of automation activity. DivvyDen has no control over social platform enforcement decisions and is not responsible for any account restriction, suspension, ban, reduced reach, or content removal imposed by any social platform as a result of your use of AutoDM or any other automation feature.
  • Content responsibility: You are solely responsible for all messages, replies, and content sent through AutoDM on your behalf, including the accuracy, legality, and appropriateness of any automated message.
  • Feature availability: AutoDM availability and functionality depend on social platforms' API access and developer programs, which may be modified, restricted, or discontinued by the social platform at any time without notice to DivvyDen or to you. DivvyDen is not responsible for interruptions or discontinuation of AutoDM caused by changes to third-party platform APIs or policies.

You agree not to use AutoDM to:

  • Send spam, unsolicited commercial messages, or bulk messaging in violation of applicable laws or social platform policies;
  • Harass, threaten, or abuse any person;
  • Disseminate misleading, deceptive, fraudulent, or illegal content; or
  • Violate any applicable anti-spam, privacy, or communications law.

DivvyDen may suspend or disable your access to AutoDM if we determine that your usage violates these Terms, social platform policies, or applicable law, or if continued access creates legal, reputational, or platform risk.

9.2 Social Promoter (Organic Post Publishing)

DivvyDen may offer a Social Promoter feature that uses AI to generate organic post caption options and enables you to publish image-based posts and Pins directly to your connected Facebook Pages, Instagram accounts, and Pinterest boards (the "Social Promoter Feature").

By using the Social Promoter Feature, you:

  • Grant publishing access: You grant DivvyDen limited, revocable access to post content to your connected Facebook Page(s), Instagram account(s), and Pinterest board(s) on your behalf. You represent that you are the authorized administrator or owner of those accounts and boards and have the authority to publish content to them.
  • AI-generated caption responsibility: DivvyDen uses a third-party AI service (OpenAI) to generate suggested post captions based on your product information. AI-generated captions may be inaccurate, incomplete, or unsuitable. You are solely responsible for reviewing, editing, and approving any caption before publishing. Publishing AI-generated content is done at your own risk and does not reduce your responsibility for the content.
  • Image content: All posts published through Social Promoter are image posts or Pins. You are responsible for ensuring that any image you use — whether it is your product's cover image or an image URL you supply — is one you have the right to publish, is not misleading or infringing, and complies with Meta's and Pinterest's content policies and applicable law.
  • Compliance with Social Platform terms: Your use of Social Promoter must comply with Meta's Platform Terms, Meta's Content Policies, Instagram's Community Guidelines, Facebook's Community Standards, Pinterest's Developer Guidelines, Pinterest's Community Guidelines, Pinterest's Advertising Standards (where applicable), and any other applicable social platform policies. You are solely responsible for ensuring that every post or Pin you publish through Social Promoter — including caption text, images, product claims, and promotional language — complies with those policies. This includes compliance with advertising disclosure requirements (such as FTC guidelines) if applicable.
  • Account restriction risk: Social platforms may restrict, rate-limit, suspend, or remove posts or your account as a result of content you publish, including content published through Social Promoter. DivvyDen has no control over social platform enforcement decisions and is not liable for any removal, restriction, reduced reach, account penalty, or suspension resulting from your use of this feature.
  • Post logging: Every publish attempt — whether successful or failed — is logged in DivvyDen's systems, including the caption, image, platform, account, product, status, and timestamp. This log is retained for platform integrity, abuse detection, dispute resolution, and compliance purposes. If you hide a post from your dashboard, the underlying log is not deleted — it is retained internally and is not visible to you but is accessible to DivvyDen for the purposes described above.
  • Feature availability: Social Promoter depends on Meta's Graph API, Pinterest's API, and OpenAI's API. Availability may be modified, restricted, or discontinued by those third parties at any time. DivvyDen is not responsible for interruptions caused by changes to third-party APIs or policies.

You agree not to use Social Promoter to publish:

  • Spam, deceptive promotions, misleading product claims, or content that violates applicable advertising laws;
  • Content that infringes copyright, trademark, publicity, privacy, or other rights;
  • Content prohibited by Meta's Platform Terms, Instagram's or Facebook's content policies, or Pinterest's Community Guidelines or Developer Guidelines;
  • Content that constitutes illegal advertising, financial solicitation, or regulated product promotion; or
  • Any content that violates Section 16 (Prohibited Products and Content) of these Terms.

DivvyDen may suspend or disable your access to Social Promoter if we determine that your usage violates these Terms, social platform policies, or applicable law, or if continued access creates legal, reputational, or platform risk.

10. Email Marketing and Sales Funnels

DivvyDen may provide email marketing and sales funnel tools that allow you to create automated email sequences delivered to your subscribers, leads, and customers ("Email Marketing Features"). These sequences may be triggered by lead magnet opt-ins, product purchases, or manual enrollment.

By using Email Marketing Features, you represent, warrant, and agree that:

  • Consent and legal compliance: You have obtained, or will obtain before sending, all legally required consents, permissions, and opt-ins from every recipient of your automated emails. You are solely responsible for ensuring that your subscriber lists, opt-in processes, message content, sending frequency, and data handling practices comply with all applicable laws and regulations, including but not limited to the CAN-SPAM Act (United States), Canada's Anti-Spam Legislation (CASL), the General Data Protection Regulation (GDPR), the UK GDPR, and any other applicable privacy, anti-spam, or electronic communications laws in your or your recipients' jurisdictions.
  • Prohibited content: You will not use Email Marketing Features to send spam, unsolicited commercial messages, phishing messages, deceptive content, misleading offers, illegal promotions, or any content prohibited by these Terms or applicable law.
  • Unsubscribe compliance: You will honor all unsubscribe and opt-out requests promptly and maintain a clear, functional, and legally compliant opt-out mechanism in all marketing emails you send through the Platform.
  • Data controller responsibility: You are the data controller for all email addresses and personal information collected through your lead magnets, opt-in forms, product purchases, and any other subscriber acquisition method you operate. DivvyDen processes this data on your behalf as a data processor, solely as directed by you and as necessary to provide the Email Marketing Features. You are responsible for your data collection practices, privacy notices, subscriber disclosures, and full compliance with applicable data protection laws.
  • List quality and authorization: You are responsible for maintaining an accurate, up-to-date subscriber list and ensuring you are lawfully authorized to contact all recipients on that list.
  • Deliverability and complaint rates: You acknowledge that excessive spam complaints, unsubscribe rates, or bounce rates may result in DivvyDen limiting or suspending your access to Email Marketing Features to protect the Platform's sender reputation.

DivvyDen reserves the right to suspend, limit, or terminate your access to Email Marketing Features if we determine that your usage generates excessive spam complaints, violates these Terms, or violates applicable law, without liability to you.

11. Platform Fees, Seller Earnings, and Payouts

For digital product and Creator Services sales made through the Platform, the seller (not DivvyDen) is the merchant of record — the seller is the party contracting with the buyer, and payouts settle directly to the seller's connected payment account. DivvyDen acts as a technology platform and facilitator and collects a platform fee (commission) on each sale as described below; DivvyDen is the merchant of record only for its own subscription plans sold directly to sellers.

DivvyDen may charge platform fees, transaction fees, subscription fees, or other fees related to digital product sales, Creator Services, premium features, or seller services. The platform fee applied to a given sale may vary based on the seller's subscription plan and the type of product or service sold, and may be adjusted by DivvyDen from time to time.

Seller earnings may be calculated after deducting applicable platform fees, payment processing fees, refunds, chargebacks, taxes, negative balances, reserves, adjustments, and other amounts permitted under these Terms.

Seller payouts may be processed through Stripe Connect, PayPal, or another third-party payment provider. To receive payouts, sellers may be required to create or connect a payment account, complete identity verification, provide tax information, comply with payment processor requirements, and satisfy eligibility requirements.

We may delay, suspend, withhold, reverse, or offset payouts if:

  • Required by law, payment processor rules, tax obligations, or card network rules;
  • Your account is under review;
  • Your product, store, or content may violate these Terms;
  • There is suspected fraud, abuse, infringement, chargeback risk, or unlawful activity;
  • You owe amounts to DivvyDen;
  • A buyer dispute, refund, or chargeback is pending;
  • Your connected payment account is incomplete, restricted, or rejected; or
  • We determine that payout creates legal, financial, reputational, or security risk.

DivvyDen is not responsible for payout delays caused by payment processors, banks, incomplete seller verification, incorrect payout information, compliance reviews, chargebacks, reserves, or third-party outages.

12. Payment Processing

Payment processing services for subscriptions, digital product purchases, Creator Services, refunds, chargebacks, seller onboarding, seller payouts, and related transactions may be provided by Stripe, PayPal, or other third-party payment processors.

Your use of payment services may also be subject to the terms, privacy policies, account agreements, and compliance requirements of the applicable payment processor.

DivvyDen is not responsible for payment processing errors, verification failures, card issuer declines, bank holds, chargeback outcomes, processor restrictions, frozen accounts, delayed payouts, or other issues caused by payment processors or financial institutions.

13. Refunds, Chargebacks, and Digital Product Delivery

Because ebooks, courses, and digital products are delivered electronically, all digital product sales are generally final unless otherwise stated by the seller, required by law, or approved by DivvyDen in our discretion.

DivvyDen may issue, require, or facilitate refunds if:

  • A product is not delivered;
  • A file is defective or inaccessible;
  • The product listing is materially misleading;
  • The product violates these Terms;
  • Fraud or unauthorized payment is suspected;
  • A payment processor or card network requires a refund; or
  • Applicable law requires a refund.

If a buyer files a chargeback or dispute, we may debit or offset the seller's available or future earnings, request evidence, suspend payouts, remove the product, or restrict the seller account.

Sellers are responsible for maintaining accurate product descriptions, delivering the promised digital product, responding to support requests, and cooperating with disputes.

14. Your Content

"Your Content" means any content you upload, submit, create, generate, publish, sell, display, link, or otherwise make available through the Platform, including text, prompts, ebook drafts, generated ebooks, course outlines, generated courses and lessons, puzzles, picture books, AI-generated landing pages (including their written copy, layout, and generated hero artwork), product files, descriptions, images, profile information, photos, banners, background images, links, affiliate links, automated messages, social media posts (including captions and images published through Social Promoter), email sequences, graphics, branding, and other materials.

You are solely responsible for Your Content.

By posting, generating, uploading, publishing, or selling Your Content through DivvyDen, you represent and warrant that:

  • You own Your Content or have all necessary rights, permissions, licenses, and releases;
  • Your Content does not infringe any copyright, trademark, privacy, publicity, contractual, proprietary, or other third-party right;
  • Your Content is not unlawful, fraudulent, defamatory, obscene, misleading, harmful, or abusive;
  • Your Content does not contain malware, viruses, malicious code, spyware, or harmful technology;
  • Your Content complies with these Terms, our policies, and all applicable laws;
  • Any product claims, income claims, health claims, financial claims, legal claims, or educational claims are accurate, lawful, properly disclosed, and not misleading; and
  • You will not use DivvyDen to sell content you do not have the right to sell or to send messages you do not have the right to send.

15. AI-Generated Content

DivvyDen may provide tools that assist with generating ebook drafts, picture books, puzzle books, coloring books, journals, recipe books, course materials, cover art, outlines, descriptions, titles, marketing copy, landing page copy and design (including AI-generated hero artwork), social media post captions (through Social Promoter), and other content (collectively, "AI-Generated Content").

AI-Generated Content may be inaccurate, incomplete, duplicative, offensive, infringing, or unsuitable for publication. You are responsible for reviewing, editing, fact-checking, and legally clearing all AI-Generated Content before publishing or selling it. Publishing AI-Generated Content without adequate review is done at your own risk.

DivvyDen does not guarantee that AI-Generated Content is original, copyrightable, commercially usable, legally compliant, accurate, or free from third-party rights.

You may not use the Platform to generate, publish, or sell content that:

  • Infringes copyright, trademark, publicity, privacy, or other rights;
  • Plagiarizes or closely imitates another work, author, brand, person, or creator;
  • Impersonates another person or falsely suggests endorsement;
  • Contains adult sexual content or erotica intended for sexual gratification;
  • Contains illegal, hateful, harassing, violent, exploitative, or abusive material;
  • Provides deceptive financial, medical, legal, tax, investment, or professional advice;
  • Promotes scams, unlawful activities, or dangerous behavior; or
  • Violates payment processor, card network, or platform rules.

16. Prohibited Products and Content

You may not use DivvyDen to create, publish, link to, promote, sell, or distribute:

  • Illegal products, services, or content;
  • Adult sexual content, pornography, erotica intended for sexual gratification, or AI-generated adult sexual content;
  • Copyrighted, trademarked, pirated, plagiarized, counterfeit, or stolen content;
  • Unauthorized summaries, reproductions, or derivative works of protected books, courses, software, music, movies, brands, or other materials;
  • Products that violate privacy, publicity, or proprietary rights;
  • Hate, harassment, exploitation, abuse, threats, or content promoting unlawful violence;
  • Giveaways, sweepstakes, contests, lotteries, raffles, or prize-based promotions that violate applicable law or that you operate without the required legal authorizations, registrations, bond filings, or disclosures — this does not prohibit use of DivvyDen's built-in giveaway tools when operated by you in full compliance with applicable law;
  • Cryptocurrency, securities, investment opportunities, trading signals, or financial products that require licensing;
  • Deceptive "get rich quick," guaranteed income, passive income, or unrealistic earnings claims;
  • Fake testimonials, deceptive reviews, or misleading before-and-after claims;
  • Medical, legal, tax, or financial advice that is false, misleading, unsafe, or provided without proper authorization;
  • Malware, phishing pages, spam, credential theft, or harmful technology;
  • Regulated goods or services, including weapons, drugs, controlled substances, or other restricted items; or
  • Any other content, product, service, or activity that DivvyDen determines creates legal, financial, security, payment processor, reputational, or user safety risk.

17. Affiliate Links and Promotions

DivvyDen allows users to publish affiliate links, referral links, promotional links, and similar third-party content.

You are solely responsible for:

  • The links, products, services, and destinations you publish or promote;
  • Complying with advertising, endorsement, affiliate disclosure, consumer protection, and platform rules;
  • Ensuring that claims, descriptions, testimonials, earnings statements, and promotions are accurate and lawful;
  • Clearly disclosing affiliate relationships where required by the FTC, applicable state law, or other regulation; and
  • Your relationship with any affiliate network, merchant, advertiser, or third party.

DivvyDen does not verify, endorse, guarantee, or assume responsibility for third-party products, services, offers, merchants, affiliate programs, or websites linked through user profiles.

18. Customer Relationships

For digital products and Creator Services sold or offered by creators through the Platform, the seller or Service Provider is responsible for the product listing, product content, service description, customer support, legal compliance, and fulfillment, except where DivvyDen expressly states otherwise.

DivvyDen may assist with checkout, download access, receipts, refunds, disputes, moderation, and support, but we do not guarantee any seller's products, claims, results, quality, legality, or customer outcomes.

Buyers are responsible for reviewing product and service descriptions before purchasing or booking.

19. License You Grant to DivvyDen

By posting, uploading, generating, publishing, listing, selling, or otherwise making Your Content available on the Platform, you grant DivvyDen a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, adapt, modify, distribute, transmit, perform, promote, analyze, and use Your Content as reasonably necessary to operate, maintain, secure, improve, market, and provide the Platform.

This license includes the right to display your public profile, creator store, product listings, ebook and course previews, images, descriptions, and related content to visitors, buyers, payment processors, service providers, and other users as needed. It also includes the right to feature published products (such as ebooks, courses, puzzles, and picture books) on DivvyDen's own official social media accounts and marketing channels for the purpose of promoting those products and the Platform.

You retain ownership of Your Content, subject to the rights granted in these Terms.

20. DivvyDen Intellectual Property

The Platform, including its software, layout, design, branding, trademarks, logos, features, functionality, templates, workflows, analytics systems, automation tools, and content provided by DivvyDen other than Your Content, is owned by DivvyDen or its licensors and is protected by intellectual property and other laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.

You may not copy, modify, reproduce, sell, sublicense, reverse engineer, scrape, exploit, or misuse any part of the Platform except as expressly permitted by these Terms.

21. Content Review and Moderation

We reserve the right, but do not assume the obligation, to review, monitor, screen, remove, disable, restrict, reject, or refuse any content, product, profile, store, link, automated message, email campaign, account, transaction, or payout at our sole discretion.

We may take action if we believe something:

  • Violates these Terms;
  • Violates payment processor or card network rules;
  • Infringes third-party rights;
  • Creates legal, tax, financial, security, reputational, or user safety risk;
  • Is deceptive, abusive, harmful, unlawful, or misleading;
  • May result in disputes, chargebacks, regulatory concerns, or payment processor restrictions; or
  • Interferes with the safe and proper operation of the Platform.

22. Copyright, DMCA, and Intellectual Property Complaints

DivvyDen respects intellectual property rights and expects users to do the same. DivvyDen complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We reserve the right to claim Safe Harbor protection under the DMCA and other applicable laws for user-generated content hosted on the Platform.

Takedown Notices: If you believe in good faith that content on DivvyDen infringes your copyright, you may send a written notice to our designated copyright agent at: support@divvyden.com

Your DMCA takedown notice must include all of the following:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work(s) you claim has been infringed (or, if multiple works are covered by a single notice, a representative list);
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow us to locate the material (such as the URL);
  • Your contact information, including your full name, mailing address, telephone number, and email address;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Counter-Notifications: If you believe your content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our copyright agent. Your counter-notification must include: your physical or electronic signature; identification of the removed content and its location before removal; a statement under penalty of perjury that you have a good faith belief the content was removed by mistake or misidentification; your name, address, and telephone number; and consent to jurisdiction of the federal district court in your district (or, if outside the U.S., any judicial district in which DivvyDen may be found).

Repeat Infringers: Pursuant to 17 U.S.C. § 512(i), DivvyDen maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual property rights.

Misuse of DMCA Process: Submitting a false or bad-faith takedown notice may expose you to liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f).

23. Acceptable Use

You agree not to:

  • Violate any law, regulation, or third-party right;
  • Publish misleading, fraudulent, infringing, abusive, defamatory, obscene, harmful, or unlawful content;
  • Promote scams, malware, phishing, counterfeit goods, illegal goods, or unlawful services;
  • Make deceptive income, earnings, health, investment, legal, tax, or professional claims;
  • Send unauthorized, unsolicited, or illegal commercial messages through any Platform feature;
  • Scrape, crawl, spider, harvest, or collect data from the Platform through unauthorized automated means;
  • Interfere with the security, integrity, availability, or proper functioning of the Platform;
  • Bypass usage limits, access controls, payment restrictions, or security features;
  • Upload malicious code, viruses, spyware, or harmful technology;
  • Use the Platform to spam, harass, exploit, threaten, or harm others;
  • Manipulate analytics, clicks, sales, reviews, referrals, or rankings;
  • Use the Platform for money transmission, peer-to-peer transfers, or unauthorized financial services;
  • Create multiple accounts to evade enforcement, fees, restrictions, or suspensions; or
  • Reverse engineer, decompile, or attempt to derive source code from the Platform.

24. Taxes

You are responsible for any taxes, duties, levies, or governmental charges applicable to your use of the Platform, subscription fees, digital product purchases, Creator Services revenue, seller earnings, or payouts, except for taxes based on DivvyDen's income.

DivvyDen or its payment processors may collect, calculate, withhold, report, or remit taxes where required by law or payment processor rules.

Sellers are responsible for providing accurate tax information where required and for reporting their earnings to applicable tax authorities.

25. Third-Party Services and Links

The Platform may integrate with or link to third-party websites, services, payment processors, social media platforms, affiliate networks, AI tools, analytics providers, hosting providers, email delivery providers, and other third-party services.

Your use of third-party services is governed by those third parties' terms and privacy policies.

DivvyDen does not control and is not responsible for third-party content, services, availability, fees, restrictions, business practices, privacy practices, payment decisions, verification requirements, API changes, enforcement actions, or compliance determinations.

26. Privacy

Your use of the Platform is also subject to our Privacy Policy, which explains how we collect, use, and disclose information, including information about your subscribers, leads, and customers when you use Email Marketing Features.

By using the Platform, you acknowledge that you have reviewed our Privacy Policy.

27. Suspension and Termination

We may suspend, limit, restrict, or terminate your access to the Platform, remove content, disable products, disable automations, pause email campaigns, pause payouts, or close your account at any time, with or without notice, if we believe:

  • You violated these Terms;
  • You created legal, payment, security, reputational, or user safety risk;
  • Your account is associated with fraud, abuse, disputes, chargebacks, infringement, or unlawful activity;
  • You failed to pay applicable fees;
  • Your connected payment account is restricted, rejected, or noncompliant;
  • Your content, products, or automated messages violate payment processor requirements or applicable law;
  • Your email sending practices generated excessive spam complaints or deliverability issues;
  • We are required to do so by law, court order, payment processor, card network, social platform, or regulator; or
  • Continued access would harm DivvyDen, users, buyers, sellers, partners, or the public.

You may stop using the Platform at any time.

If your account is terminated, some or all of Your Content may no longer be accessible. We may retain certain information as required or permitted by law, including transaction records, tax records, dispute records, security logs, and compliance records.

28. Feedback

If you provide feedback, ideas, suggestions, or recommendations regarding the Platform, you grant DivvyDen the right to use that feedback without restriction, compensation, attribution, or obligation.

29. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVVYDEN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

  • THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS;
  • AI-GENERATED CONTENT WILL BE ACCURATE, ORIGINAL, LEGAL, COMPLETE, MARKETABLE, COPYRIGHTABLE, OR SUITABLE FOR SALE;
  • ANY DIGITAL PRODUCT WILL MEET A BUYER'S EXPECTATIONS;
  • ANY AUTOMATED MESSAGE, EMAIL SEQUENCE, OR FUNNEL WILL ACHIEVE ANY PARTICULAR RESULT;
  • SOCIAL MEDIA AUTOMATION FEATURES WILL REMAIN AVAILABLE OR UNINTERRUPTED DUE TO THIRD-PARTY PLATFORM API CHANGES;
  • ANY CREATOR WILL MAKE SALES, INCOME, PROFIT, OR BUSINESS RESULTS;
  • ANY LINK, PROFILE, PRODUCT, OR CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR
  • ANY PAYMENT PROCESSOR WILL APPROVE, PROCESS, OR PAY OUT ANY TRANSACTION.

DIVVYDEN DOES NOT PROVIDE LEGAL, TAX, FINANCIAL, MEDICAL, INVESTMENT, OR PROFESSIONAL ADVICE.

30. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTTO WEB SOLUTIONS, LLC, DIVVYDEN, AND THEIR AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND PAYMENT PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, DATA, GOODWILL, BUSINESS OPPORTUNITY, CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING LOSSES ARISING FROM SOCIAL PLATFORM ACCOUNT RESTRICTIONS, EMAIL DELIVERABILITY ISSUES, AUTOMATION FAILURES, OR API DISCONTINUATION BY THIRD PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF:

  • THE AMOUNT YOU PAID TO DIVVYDEN DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
  • ONE HUNDRED U.S. DOLLARS ($100.00).

31. Indemnification

You agree to defend, indemnify, and hold harmless Otto Web Solutions, LLC d/b/a DivvyDen and its affiliates, members, officers, employees, contractors, licensors, service providers, and payment partners from and against any claims, liabilities, damages, judgments, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Platform;
  • Your Content;
  • Your AI prompts, generated content, ebooks, courses, files, product listings, or published materials;
  • Your digital product sales or Creator Services;
  • Your automated messages, email campaigns, or funnel communications;
  • Your use of AutoDM or any social media automation feature;
  • Your violation of social platform terms of service or third-party API policies;
  • Your violation of CAN-SPAM, CASL, GDPR, or other email or privacy laws;
  • Your customer disputes, refunds, or chargebacks;
  • Your affiliate links, promotions, disclosures, or third-party destinations;
  • Your violation of these Terms;
  • Your violation of law or third-party rights;
  • Your infringement or alleged infringement of intellectual property, privacy, publicity, or proprietary rights;
  • Your misuse of the Platform; or
  • Your tax, payment, seller, or customer support obligations.

32. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Platform shall be governed by the laws of the State of Georgia, without regard to its conflict of law rules.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the state or federal courts located in Georgia, and you consent to the personal jurisdiction and venue of those courts.

33. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Our failure to enforce any provision of these Terms is not a waiver of that provision.

These Terms, together with any policies referenced in them, constitute the entire agreement between you and DivvyDen regarding the Platform.

You may not assign these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, sale, reorganization, financing, or transfer of assets.

Headings are for convenience only and do not affect interpretation.

34. Contact Information

If you have questions about these Terms, please contact:

Otto Web Solutions, LLC d/b/a DivvyDen
Website: https://divvyden.com
Email: support@divvyden.com