AXESAAS TERMS OF SERVICE

FOR DIVORCE|SPLIT ONLINE

AXESAAS and/or its subsidiaries and affiliates (referred to as "AXESAAS", "we", "our", or "us”) provide the software application services known as Divorce|Split. This Agreement is a legal agreement between you (referred to as “you” or “your”) and AXESAAS. You acknowledge that by clicking “I AGREE” you are accepting electronically, all the terms and conditions stated in this Agreement which is a precondition to installing, accessing, or using our software application. If you do not accept and agree to this Agreement, then you may not use our software application or services.

DEFINITIONS.

AXESAAS is a California corporation with the exclusive rights to market the software application and services known as Divorce|Split.

“Agreement” refers to this agreement and any amendments to this Agreement from time to time.

“Terms of Service” refers to the terms and conditions contained within this agreement and any amendments to this Agreement from time to time.

“Consultants” means your attorney(s), CPA(s), or other trusted financial individual(s) who, by your invitation, can share limited access to your account, and whose number may be limited under various subscription plans for the Divorce|Split application, as provided by AXESAAS.

“D/S” refers to the Divorce|Split software as a service (SAAS) application and any other services provided by Divorce|Split.

“Input Data” refers to all data, photos, forms, schedules, works, reports and materials provided or uploaded to, input or stored in the D/S software application; transmitted by D/S by your actions; supplied by you to AXESAAS for uploading to, transmission by or storage in the D/S software application; or generated by the D/S software application as a result of use by you (but excluding analytics data relating to the use of the D/S software application and server log files);

“Personal Data” is any data that is processed by AXESAAS on your behalf in relation to this Agreement and has the meaning given to it in the California Online Privacy Protection Act 2003 (Cal OPPA).

“Service(s)” refers to any service(s) provided by AXESAAS to its Customers under this Agreement.

“Update” refers to any patch, hotfix or minor update to the current version of the software application.

“Upgrade” means a major version upgrade to the software application.

“Term” refers to the period during which you have a valid paid subscription to the software application and Services.

“Effective Date” refers to the first day of a valid paid subscription.

“Account” refers to the subscription service purchased by you to which you have been provided login access using your chosen username and password.

A. THE AGREEMENT

This Agreement sets forth the terms regulating your use of AXESAAS’ software and all Services including its current content, future updates, and new releases. It also includes all Additional Terms and Conditions including those from third parties’

Terms and Conditions provided separately to you related to our software and Services.

B. RIGHT TO USE

You are hereby given, during the period paid for, the right to use the Services for the specific purposes authorized by AXESAAS. The Services are protected by copyright, trade secret and other intellectual property laws. AXESAAS reserves all other rights in the Services.

AXESAAS, until termination of this Agreement, nonpayment or other default, shall grant to you a personal, nontransferable right to use the Services. In addition, and dependent upon the level of Services purchased, you may have specific limited number of Consultants granted limited access to use the Services as it pertains to your account. You agree you will not or allow any third party to do any of the following:

Copy, duplicate in any form, republish, or redistribute any material or content from the Service;
Use the Services or its content in any way that violates this Agreement or in violation of any applicable Federal or State law, rule or regulation;
Use the Service in any manner that damages, may damage or limits access in any manner to the Services and/or Platform.
Permit any unauthorized person to access or use the Services;
Make or attempt to make any alteration to the Services;
Sub-license your right to access and use Services;
Conduct any reverse engineering in whole or part of any of the Services.

You must ensure that all Consultants accessing the Services are doing so with your direct authority. Furthermore, you agree to maintain reasonable safeguards and security measures to protect your Account access details so that unauthorized persons do not obtain access to the Services.

AXESAAS shall use all reasonable efforts to maintain access to the Services to you through its hosting services providers and the public internet but does not guarantee 100% availability.

Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from AXESAAS to you, or from you to AXESAAS.

C. PRICING AND PAYMENT

Services are offered on various application and content levels on a minimum annual subscription basis. Payment is required to become an active user and gain access to the Service level selected.

Payments are billed to you in U.S. Dollars.
Payment must be made by a valid credit card acceptable to AXESAAS.
Your account will be debited at the time you subscribe and provide your credit card information.
Successful subscription payment allows use of the Service subscribed level for up to 365 days (one year) and is nonrefundable.
Incomplete, inaccurate, non-current or otherwise invalid information may not allow you to complete payment for your subscription.

Failure to correct such issues promptly may suspend or terminate your account and result in refusal of access to the Services.

AXESAAS may elect, at their sole discretion, to change any pricing, by giving you not less than 30 days' written notice of the change OR on any anniversary of the date of subscription.
All amounts due must be paid before the commencement of the period to which they relate.
You may cancel your subscription at any time using the unsubscribe option in your Subscriptions page.

Cancellations are neither wholly nor pro-rated refundable.

Upgrades: When you upgrade to a higher plan level, you are only charged the prorated subscription difference in plan costs between your current plan and your upgrade level for the remainder of your subscription period.
Thereafter your subscription will automatically renew on the anniversary of the initial Term start date at the prevailing rate for your subscribed plan level.

D. TERM

The term of the subscription starts on the day of acceptance of this Agreement and a valid credit card payment transaction. The term ends on the 365th day following the start day and is automatically extended for an additional term on the anniversary of your signup date until such time as you unsubscribe from the Service or your account it terminated under the terms of this agreement. Unless upgrading subscription levels, there is no proration of subscription fees.

E. MOBILE PHONES AND OTHER DEVICES

The parties acknowledge and agree that the use of these Services may be accessed through mobile devices. For the compatible use of the Mobile App, the parties' respective rights and obligations with respect to the Mobile App and any liabilities of either party arising out of the use of such Mobile App shall be subject to the same terms and conditions as listed herein, and accordingly this Agreement shall govern any such use, rights, obligations, or liabilities.

F. USAGE & INPUT DATA

You are responsible for all Input Data entered, copied to, downloaded, or otherwise input in any manner into the software application or via the Services. AXESAAS is not responsible in any way for any aspect of any data you submit. You are solely responsible for the accuracy, currency, and ownership of all data you input into the D/S software application and/or Services.

AXESAAS shall create a back-up copy of the Input Data as scheduled by the Hosting Services consigned by AXESAAS. AXESAAS shall endeavor to see that each such copy is sufficient to restore your use of the software application and Services and return them to the state they were in at the time the backup was made. AXESAAS shall retain and securely store each such copy for a minimum period of 30 days. AXESAAS is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

You agree not to use, nor permit any third party to use, the software application or Services to copy, publish, distribute, link to, upload, download, or transmit in any manner any of the following, including but not limited to:

Any infected or damaging content, such as spy software, data or photos, any virus, worm or trojan horse;
Any activity leading to or engaging in spamming or flooding;
Any obscene, pornographic, profane, hateful, distasteful, threatening, extorting, insensitive or inappropriate information of any kind;
Any illegal, fraudulent, defamatory or other information which could lead to criminal or civil liability under any local, state, federal or foreign law;
Any content that is false, would falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
Except as permitted by AXESAAS in writing, any investment opportunities, solicitations, chain letters, pyramid schemes, or other unsolicited commercial communication;
Any information, software or content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
Any use, or indirect use, whatsoever that threatens, intimidates, extorts, bullies, damages, defames or otherwise causes any harm to any other individual, corporation or legal entity.

G. YOUR PERSONAL INFORMATION, DATA PROTECTION AND PRIVACY.

You are responsible for securely managing your password(s) for the software application and Services and for immediately contacting AXESAAS should you at any time become aware of any unauthorized access to your account.

You agree that AXESAAS may, as part of the Services, use and maintain your data according to the AXESAAS Terms of Service. You give AXESAAS permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other AXESAAS Services. For example, this means that AXESAAS may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.

Each party shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.

You warrant to AXESAAS that it has the legal right to disclose all Personal Data that you do in fact disclose to AXESAAS under, or in connection with, this Agreement.

You shall only supply to AXESAAS, and AXESAAS shall only process, in each case under or in relation to this Agreement, the Personal Data of data subjects using, or associated with users of the Service, as entered by you in the process of using this Service.

AXESAAS shall only process your Personal Data as set out in this Agreement or any other document agreed by the parties in writing. AXESAAS shall promptly inform you if, in the opinion of AXESAAS, your instruction relating to the processing of your Personal Data infringes the Data Protection Laws. Notwithstanding any other provision of this Agreement, AXESAAS may process your Personal Data if and to the extent that AXESAAS is required to do so by applicable law. In such a case, AXESAAS shall inform you of the legal requirement before processing, unless that law prohibits such information.

AXESAAS shall ensure that persons authorized by AXESAAS to process your Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. AXESAAS and you shall each implement appropriate technical and organizational measures to ensure an appropriate level of security for your Personal Data.

AXESAAS reserves the right to engage third parties to process your Personal Data without the prior specific or general written notice to, or authorization from, you. AXESAAS shall ensure that each third-party processor is subject to equivalent legal obligations and privacy requirements as those imposed on AXESAAS. As of the Effective Date, AXESAAS is hereby authorized by you to engage, as sub-processors with respect to your Personal Data, third parties to provide services necessary to process that data.

AXESAAS shall, insofar as possible and considering the nature of the processing, take appropriate technical and organizational measures to assist you with the fulfillment of your obligation to respond to requests exercising a data subject's rights under the Data Protection Laws. AXESAAS shall assist you in ensuring compliance with the obligations relating to the Data Protection Laws. AXESAAS shall report any Personal Data breach relating to your Personal Data to you following AXESAAS becoming aware of the breach. AXESAAS shall make available to you all information necessary to demonstrate the compliance of AXESAAS with its obligations under the Data Protection Laws.

AXESAAS shall remove all of your Personal Data from the software application after the provision of services and/or after a suitable grace period after your subscription has expired. AXESAAS shall archive your data for an indefinite period, at their discretion, for your benefit in the event you wish to reenroll or avail in the future of other AXESAAS services that would use this data. AXESAAS shall retain data to the extent that applicable law requires storage of the relevant Personal Data.

If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under this Agreement, then the parties shall use their best endeavors promptly to agree such variations to this Agreement as may be necessary to remedy such non-compliance.

H. MAINTENANCE SERVICES

AXESAAS shall, at their sole discretion, provide the Maintenance Services to you during the Term.

The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

AXESAAS shall where practical give you prior written notice of scheduled Maintenance Services that are likely to affect the availability of the software application or Services or are likely to have a material negative impact upon the Services, without prejudice to AXESAAS's other notice obligations under the main body of this Agreement. However, AXESAAS can, at its sole discretion and as it deems necessary perform Upgrades and Updates to its software application and Services without prior notice. AXESAAS shall endeavor to provide the Maintenance Services with reasonable skill and care.

AXESAAS may suspend the provision of the Maintenance Services if any amount due to be paid by you to AXESAAS under this Agreement is overdue.

I. AXESAAS DOES NOT GIVE PROFESSIONAL ADVICE.

AXESAAS is not in the business of providing legal, financial, accounting, tax, asset valuation, health care, real estate or other professional services or advice. You acknowledge that AXESAAS will not provide any legal, financial, tax, asset valuation, health care, real estate or other professional services or advice under this Agreement or in relation to the software application and/or Services. AXESAAS does not warrant or represent that the software application or Services, or the use of the software application or Services by you, will not give rise to any legal liability on your part or that of any other person. We recommend you acquire the consultation services of an appropriate and competent professional when you need any type of professional assistance noted above.

J. OTHER AXESAAS SERVICES.

You may be offered other services, products, or promotions by AXESAAS ("AXESAAS Services"). Additional terms and conditions and fees may apply. With some AXESAAS Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.

You grant AXESAAS permission to use information about your business and experience to help us to provide the AXESAAS Services to you and to enhance the Services. You grant AXESAAS permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant AXESAAS permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

AXESAAS may freely use feedback you provide. You agree that AXESAAS may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials. You grant AXESAAS a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to AXESAAS in any way.

K. WARRANTIES

AXESAAS warrants to you that:

AXESAAS has the legal right and authority to offer the software application and Services outlined in this agreement, to enter into this Agreement and to perform its obligations under this Agreement. The software application and Services, when used by you in accordance with this Agreement, will not infringe the Intellectual Property Rights of anyone.

You warrant to AXESAAS that:

You have the legal right and authority to use the software application and Services in accordance with the Agreement.
You have the legal right to represent and act on behalf of the individual or entity subscribed to the software application and/or Services.
You take full responsibility for the costs, payment schedules and payments of the subscription to the software application and Services.

All the parties' warranties and representations in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.

L. DISCLAIMER OF WARRANTIES AND YOUR ACKNOWLEDGEMENT

YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING DISCLAIMER OF WARRANTIES:

YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT

YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES

ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE

LAW, AXESAAS, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS,

LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS")

DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE,

MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-

INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE

ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE

SERVICES. AXESAAS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT

THAT THE SERVICES ARE SECURE, FREE FROM SECURITY VULNERABILITIES,

FREE FROM DEFECTS, ERRORS, BUGS, VIRUSES, INTERRUPTION, THEFT OR

DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

AXESAAS, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS

OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR

ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

M. LIMITATION OF LIABILITY AND INDEMNITY

YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING LIMITATION OF LIABILITY AND INDEMNITY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE

LIABILITY OF AXESAAS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS

RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU

PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH

CLAIM. SUBJECT TO APPLICABLE LAW, AXESAAS, ITS AFFILIATES AND

SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT,

SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET,

ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF

DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR

INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET

AXESAAS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF AXESAAS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE

LIABILITY OF AXESAAS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

YOU AGREE TO INDEMNIFY AND HOLD AXESAAS AND ITS AFFILIATES AND

SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY AND

EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING

OUT OF YOUR USE OF THE SERVICES OR BREACH OF THIS AGREEMENT

(COLLECTIVELY REFERRED TO AS "CLAIMS"). AXESAAS RESERVES THE RIGHT,

IN ITS SOLE DISCRETION AND AT ITS OWN EXPENSE, TO ASSUME THE

EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS. YOU AGREE TO REASONABLY COOPERATE AS REQUESTED BY AXESAAS IN THE DEFENSE OF ANY CLAIMS.

N. AXESAAS MAY MONITOR YOUR CONTENT.

AXESAAS may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect AXESAAS or its customers, or operate the Services properly. AXESAAS, at its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

O. GOVERNING LAW.

California state law governs this Agreement without regard to its conflicts of laws provisions. The courts of California shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

P. TERMINATION.

AXESAAS may immediately, at its sole discretion and without notice, terminate this Agreement or suspend the Services if you fail to comply with this Agreement, payment is overdue or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect AXESAAS’s rights to any outstanding payments due. AXESAAS may terminate a free account at any time. All sections of the Agreement will survive and remain in effect even if the Agreement is terminated.

Q. GENERAL.

This Agreement is the entire agreement and if any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

You cannot assign or transfer ownership of this Agreement to anyone without written approval of AXESAAS. However, AXESAAS may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by AXESAAS or (c) a successor by merger. Any assignment in violation of this Section shall be void. This Agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party.

You are always advised to seek and retain the expert services of an attorney and/or chartered/certified public accountant to provide legal and/or financial assistance or advice in the exploration, preparation, planning and court filing of a divorce. At no time will AXESAAS or Divorce|Split provide legal or financial advice, and all product and output from the software application and Services should be reviewed by a legal or fiscal professional prior to inclusion in any court filing or formal recording.