MODO, your coach and friend

Diverge Terms and Conditions

 

Effective Date: January 20, 2024

Last Updated: Not Applicable

I. Terms and Conditions

1. Definitions

  • “Software”: Refers to Diverge including its web platform, mobile application, and any associated features or services.
  • “User”: Any individual, organization, or entity that registers for, accesses, or uses the Software.
  • “Neurodivergent”: Individuals with neurological differences such as autism, ADHD, dyslexia, or other cognitive variations.
  • “Strengths-Based Skills”: Unique talents and capabilities that can be leveraged to achieve personal and professional success.
  • “Content”: Includes any text, data, files, images, or material shared, uploaded, or created by Users within the Software.
  • “Executive Functioning Skills”: Refers to cognitive abilities such as planning, organization, prioritization, and decision-making.
  • “Third-Party Services”: External platforms or tools integrated with the Software, such as Slack or Zoom.
  • “Mail Access”: Refers to the Software’s ability to connect with and access a User’s Google Mail (Gmail) and/or Apple Mail accounts, with the User’s explicit consent, for the purposes of email organization, task extraction, scheduling assistance, or related productivity features.

2. Purpose of the Software

The Software is designed to:

  1. Empower neurodivergent individuals by leveraging their strengths for workplace success.
  2. Enhance workplace collaboration and communication for diverse teams.
  3. Support executive functioning through tailored tools such as task management, prioritization, and goal-setting.
  4. Provide an inclusive platform that benefits all minds, fostering innovation and improved workplace productivity.

3. Eligibility

To use the Software, you must:

  • Be at least 18 years of age or have parental/guardian consent if under 18.
  • Use the Software in compliance with all applicable local, state, and federal laws.
  • Not have been previously suspended or banned from using the Software.

4. Acceptable Use Policy

4.1 Prohibited Use

You agree not to use the Software:

  • To engage in activities that are illegal, harmful, or discriminatory.
  • To upload or distribute malicious code, viruses, or harmful software.
  • To harass, bully, or intimidate other Users.
  • To scrape, hack, or attempt to bypass the Software’s security features.
  • For purposes of unauthorized advertising, phishing, or spamming.

4.2 Respectful Use

By using the Software, you agree to:

  • Treat all Users with respect and dignity, fostering a collaborative and inclusive environment.
  • Use the Software in good faith, respecting the privacy, content, and intellectual property of others.

We reserve the right to suspend or terminate your account for violations of this policy.

5. Data Collection, Usage, and Security

5.1 Data Collection

We collect data to deliver a personalized and effective experience, improve features, and ensure the Software operates securely and efficiently. The following data may be collected:

  • Personal Information: Name, email address, and account details during registration.
  • Usage Data: Interaction logs, such as features used, frequency of use, and time spent on the Software.
  • Device Information: IP address, browser type, operating system, and device identifiers.
  • Sensitive Data: Only collected with explicit consent, such as demographic details or optional inputs.
  • Mail Data: If you authorize Mail Access, we may retrieve limited email content and metadata (including sender, recipient, subject line, and timestamp) strictly for the purpose of delivering enhanced email-related functionality. The accessed mails aren’t stored in any server, log or system, and are returned to the front end applications without any modification. The access tokens are not stored in any server

5.2 Data Usage

We use your data for the following purposes:

  • Operational Purposes: To provide core Software functionalities.
  • Personalization: To tailor notifications, recommendations, and interface settings.
  • Improvement and Development: To analyze aggregated data for trends and software enhancements.
  • Security: To protect against fraud and unauthorized access.
  • Third-Party Processing with OpenAI: In order to deliver intelligent features (e.g., task extraction or summarization), portions of your authorized email content may be securely transmitted to OpenAI, LLC for processing. OpenAI does not use this data to train its models. All requests are handled in compliance with OpenAI’s data usage policies, which prohibit the use of API-submitted data for training purposes. For more information, please review OpenAI’s Terms of Use and Privacy Policy. Key points of OpenAI’s API data usage policy include:
    • API-submitted data is not used for model training.
    • Data is retained for a maximum of 30 days for abuse and misuse monitoring, unless otherwise required by law.
    • OpenAI maintains strict confidentiality and security controls.

5.3 Data Sharing

  • With Service Providers: Data is shared with trusted providers for hosting, analytics, and customer support.
  • Legal Authorities: Data may be shared to comply with legal obligations.
  • Business Transfers: If the Software is acquired or merges with another entity, data may be transferred to the new entity under the same commitments.

5.4 User Control and Rights

Users have the following rights:

  • Access: Request a copy of your data.
  • Correction: Update inaccurate data.
  • Deletion: Delete your account and associated data.
  • Restriction: Limit the processing of your data.
  • Portability: Receive your data in a portable format to transfer to another service provider.
  • Revoke Mail Access: You may disconnect your Gmail or Apple Mail account at any time through your account settings. Once access is revoked, we immediately stop retrieving email data and delete any mail-related content previously accessed, unless retention is required by law or for compliance purposes.

5.5 Data Security

  • Encryption: Data is encrypted in transit (SSL/TLS) and at rest (AES-256).
  • Access Controls: Only authorized personnel with multi-factor authentication have access.
  • Monitoring: Systems are monitored for unauthorized access.
  • Disaster Recovery: Regular backups ensure recovery in the event of data loss.

5.6 Retention Policy

Data is retained only as long as necessary for the purposes outlined in this document and securely deleted thereafter.

5.7 Compliance

We comply with GDPR, CCPA, and other regional privacy laws to protect your data.

6. Accessibility and Inclusion

The Software includes features such as customizable interfaces, focus modes, and cognitive load reduction tools, designed to enhance accessibility for neurodivergent individuals and all Users.

7. User Accounts

Users are responsible for:

  • Providing accurate and complete registration information.
  • Maintaining the confidentiality of login credentials.
  • Promptly reporting unauthorized account access.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activities.

8. Intellectual Property

  • All intellectual property rights related to the Software, including design, branding, and algorithms, are owned by Diverge, LLC
  • Users retain ownership of any original content they create or share within the Software.

9. Subscription and Payment

If the Software offers premium features or subscription plans:

  • Payment terms and pricing will be disclosed at the time of subscription.
  • Refunds may be issued in limited circumstances as outlined in our Refund Policy.

10. Disclaimer of Warranties

The Software is provided “as is” and “as available” without warranties of any kind, either express or implied.

11. Limitation of Liability

To the fullest extent permitted by law, Being Collective shall not be liable for:

  • Indirect, incidental, or consequential damages, including loss of data, profits, or revenue.
  • Issues arising from unauthorized access or misuse of the Software.

12. Feedback and Suggestions

By submitting feedback, you grant us a royalty-free license to use, modify, or incorporate your suggestions without compensation.

13. Modifications to the Terms

We may update these Terms periodically. Users will be notified of significant changes via email or in-app notifications.

14. Termination

We reserve the right to suspend or terminate your account if you violate these Terms. Users may terminate their account at any time, and upon termination, data will be anonymized or deleted, unless required by law.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of Palm Beach County, Florida, USA. Any disputes will be resolved through binding arbitration in [Palm Beach County, Florida, USA

16. Third-Party Integrations

The Software may integrate with third-party tools such as Zoom, Slack, Gmail, and Apple Mail. These integrations are available only upon your explicit authorization. When connected, they enable enhanced experiences, such as managing communications, surfacing follow-up tasks, or supporting scheduling workflows. We ensure secure API-based connections and comply with all relevant third-party terms and data protection standards.

Additionally, certain smart features may rely on language processing via OpenAI, LLC. Data shared with OpenAI is limited to what is strictly required for feature functionality, is not used for training purposes, and is handled according to OpenAI’s Terms of Use and Privacy Policy.

17. Accessibility and Support

For assistance or to report issues, contact us at:

Acknowledgment and Agreement

By creating an account, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by:

  1. These Terms and Conditions
  2. Privacy Policy
  3. Data Processing Agreement (DPA)
  4. Cookie Policy

If you do not agree to these terms, you must not use the Software.

You further acknowledge and consent to:

  • The collection, usage, and storage of your data as outlined in the Privacy Policy.
  • The processing of your data as described in the Data Processing Agreement.
  • The use of cookies as specified in the Cookie Policy.

Your continued use of the Software constitutes your agreement to these terms.