Terms of Service

Draft document — legal counsel review recommended before production use.

1. Purpose and acceptance

These Terms of Service ("Terms") govern access to and use of the Divide platform, operated by [To be configured] ("Divide", "we"), available at https://www.pleasedivide.fr.

By creating an account or using the Service, the Customer accepts these Terms. If the Customer acts on behalf of a legal entity, they represent that they have authority to bind that entity.

2. Nature of the Service

Divide provides SaaS software to configure rules for splitting a single incoming payment among multiple beneficiaries and to orchestrate execution of that split on Stripe Connect infrastructure via application programming interfaces.

Divide is not a payment institution, e-money issuer, payment service provider under EU Directive 2015/2366 (PSD2), or escrow agent. Divide does not hold split funds in a bank account in its own name. Money movement is executed by Stripe on Stripe accounts belonging to the Customer, the platform, and/or connected beneficiaries, as applicable under Stripe Connect.

The Customer acknowledges that payment regulatory compliance (KYC, AML, payout execution) rests primarily with Stripe and, where applicable, other parties in the payment chain.

3. Definitions

• Customer: individual or legal entity that opens a Divide account and configures splits.
• Beneficiary: third party designated by the Customer to receive a share, holder of a connected Stripe account.
• Payer: person paying an amount that triggers a split (in the current product, typically the Customer or an authorized user on their workspace).
• Service: the Divide application, APIs, and related features (calculation, execution, tracking, export, AI-assisted document extraction).
• Stripe: Stripe Payments Europe, Ltd. and/or Stripe group entities providing payment infrastructure.

4. Service description

Divide enables the Customer to:

• register beneficiaries and split rules (percentages, fixed amounts, priorities, advance recoupment where available);
• calculate each share from an incoming amount;
• trigger splits after payment via Stripe PaymentIntent (Collect / quick split dashboard flows);
• track executions, per-beneficiary status, and exportable records;
• receive AI-generated split proposals from uploaded documents, subject to explicit Customer validation.

Divide does not guarantee the accuracy of AI proposals. The Customer remains solely responsible for the rule actually applied after validation.

5. What Divide does not do

Divide does not:

• voluntarily hold funds as escrow or custodian;
• perform beneficiary KYC/AML (delegated to Stripe Connect);
• guarantee payout success if Stripe, a bank, or a beneficiary prevents execution;
• adjudicate commercial disputes between Customer, Payer, and Beneficiaries.

Technical exception: if a beneficiary has not completed Stripe onboarding (KYC) at split time, their line may remain pending on Stripe infrastructure until automatic resume when the account becomes eligible. This is not contractual escrow in favour of Divide.

6. Roles and responsibilities

The Customer shall indemnify Divide against third-party claims arising from misconfiguration, inaccurate information, or Customer-validated splits.

7. Money flow

1. The Payer pays a Stripe PaymentIntent for an amount that may include Divide commission and pass-through network fees.
2. On successful payment, Divide calculates shares and initiates Stripe transfers to beneficiary connected accounts, funded by the originating charge (source_transaction).
3. Shares are fully distributed to beneficiaries per Customer rules; Divide commission is collected via a "fees on top" pricing structure.

The Customer acknowledges that timing, refusal, freezes, or account closures are governed by Stripe and banks.

8. Edge cases

Failed transfer

Divide uses idempotent execution; persistent failure attributable to the beneficiary (IBAN, restricted account) must be resolved between Customer, beneficiary, and Stripe. Divide is not liable to compensate Customer or beneficiary financially.

Incomplete KYC

Share remains pending; Divide may notify the beneficiary; automatic resume when Stripe enables transfers. Customer is informed via the dashboard.

Beneficiary dispute

Dispute between Customer and beneficiary; Divide may provide traceability only.

Payer refund after split

Charge-funded transfers are not automatically reversed via Divide; refunds are handled by Customer, Payer, and Stripe under applicable rules.

Stripe account freeze or closure

Divide may suspend execution; Divide is not liable for funds blocked by Stripe.

Configuration error

Customer bears consequences of wrong rules or incorrect AI validation.

9. Pricing

Without active Divide Plus subscription (up to 5 beneficiaries): 3% commission on distributed amount + 2% network fee on distributed amount.

With active Divide Plus subscription: 1% commission on distributed amount. Base subscription €49 excl. VAT/month (50 beneficiaries included); €5 excl. VAT/month per additional beneficiary beyond quota.

Card payments: card processing pass-through fees (Stripe, by card zone/type) may be added to the amount paid by the Payer.

Current pricing is published on https://www.pleasedivide.fr and may be updated with reasonable notice to active Customers.

10. Invoicing

Divide invoices Customer for subscription and/or commission fees as stated on invoices. Customer must provide accurate billing details (company ID, address, VAT where applicable).

11. Stripe

Use of the Service requires acceptance of applicable Stripe terms, including the Stripe Services Agreement and Stripe Connected Account Agreement. If these Terms conflict with Stripe terms regarding payment operations, Stripe terms prevail for those operations.

12. Intellectual property

Divide grants Customer a non-exclusive, non-transferable licence to access the Service for the subscription or usage period. Customer retains ownership of its data and configurations.

13. Availability and support

Divide targets reasonable Service availability (excluding maintenance, force majeure, Stripe outages). Support via [To be configured] within reasonable commercial timelines.

14. Termination

Customer may stop using the Service and request account closure. Divide may suspend or terminate access for Terms breach, suspected fraud, or competent authority request.

15. Limitation of liability

To the maximum extent permitted by law, Divide's aggregate liability is capped at fees actually paid by Customer in the twelve (12) months before the triggering event.

Divide is not liable for indirect damages, lost revenue, or acts of Stripe, banks, or beneficiaries.

16. Personal data

See our Privacy Policy.

17. Governing law and disputes

These Terms are governed by French law. Courts at Divide's registered office have jurisdiction, subject to mandatory consumer protections where applicable.

Consumers: EU ODR platform: https://ec.europa.eu/consumers/odr

18. Changes to these Terms

Divide may update these Terms to reflect Service evolution, regulation, or Stripe requirements. For material changes, Customer will be notified by email or in-app with reasonable notice (typically thirty (30) days). Continued use after the effective date constitutes acceptance, subject to mandatory consumer rights.

19. Term and subscription

Access continues for as long as the Customer uses the Service. Divide Plus subscriptions are billed monthly via Stripe Billing, with no minimum term unless stated on the pricing page, and renew automatically until cancelled by the Customer via Stripe tools or on request to Divide.

20. Force majeure

Neither party is liable for failure due to events beyond reasonable control (widespread Internet outage, natural disaster, government act, prolonged Stripe or critical provider unavailability), provided the other party is notified as soon as practicable.

21. Language

These Terms are written in English. If translated, the English version governs for international Customers unless mandatory local law requires otherwise; for Customers in France, the French version prevails.

22. Contact

[To be configured] — [To be configured] — [To be configured] — Representative: [To be configured]