Terms of Service

Last updated: May 12, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") are an agreement between you and Diverge, based in New South Wales, Australia ("Diverge," "we," "our," or "us"). They govern your use of the Diverge mobile application, our website at getdiverge.com, and any related services (together, the "Service").

By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Service.

2. Description of the Service

Diverge is a productivity application designed for neurodivergent users — including people with ADHD, autism, and other cognitive differences. The Service provides task management, brain dump (voice and text), energy-based planning, focus sessions, and other productivity tools.

3. Not Medical Advice

Diverge is not a medical device, treatment, diagnostic tool, or substitute for professional healthcare. The Service is designed to help with planning, task management, and productivity. Nothing in the Service is intended as medical advice or a clinical assessment of any condition, including ADHD, autism, or any other diagnosis.

If you have a medical or mental-health concern, consult a qualified healthcare provider. Do not rely on Diverge for diagnosis, treatment, or emergency care. If you are in crisis, contact emergency services in your country immediately.

4. Eligibility and Accounts

You must be at least 13 years old to use the Service, or older if your jurisdiction requires a higher age of digital consent.

When you create an account you agree to:

  • Provide accurate and current information
  • Keep your credentials confidential
  • Be responsible for activity under your account
  • Notify us promptly of any unauthorised access

We may suspend or terminate accounts that violate these Terms.

5. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law
  • Transmit malicious code, viruses, or harmful data
  • Attempt to gain unauthorised access to the Service, other accounts, or our systems
  • Harass, abuse, or harm another person
  • Send spam or unsolicited communications
  • Interfere with or disrupt the Service or its servers
  • Copy, modify, reverse-engineer, or distribute the Service's software, except as permitted by these Terms or applicable law
  • Use the Service to build a competing product or scrape data

6. Your Content

The tasks, notes, brain-dump entries, and other material you create or upload to the Service ("Your Content") remain yours.

You grant Diverge a limited, worldwide, royalty-free licence to host, store, process, transmit, and display Your Content as necessary to provide the Service to you. This licence ends when you delete the Content or close your account, except where retention is required by law.

You are responsible for Your Content. You warrant that Your Content does not infringe third-party rights and complies with these Terms.

7. Intellectual Property

The Service, including the app, website, software, design, branding, and original content (other than Your Content), is owned by Diverge and protected by Australian and international copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any of those rights to you.

You receive a limited, revocable, non-exclusive, non-transferable licence to use the Service for personal, non-commercial use, subject to these Terms.

8. Subscriptions and Payments

Some features of the Service require a paid subscription.

iOS Subscriptions

iOS subscriptions are sold and billed by Apple through the App Store under Apple's terms. Apple is responsible for collecting payment, issuing receipts, processing refunds, and managing renewal of these subscriptions. You can manage and cancel iOS subscriptions in iOS Settings → your Apple ID → Subscriptions.

Auto-renewal

Unless cancelled at least 24 hours before the end of the current period, subscriptions automatically renew at the then-current price. The renewal charge is collected by Apple within 24 hours before the renewal date.

Free Trials

If you receive a free trial, you must cancel at least 24 hours before the trial ends to avoid being charged.

Refunds

App Store refunds are handled by Apple at Apple's discretion under Apple's refund policies. Except where required by law (including the Australian Consumer Law) or Apple's policies, subscription fees are non-refundable.

Price Changes

We may change subscription prices. Material changes will be communicated in advance and will only take effect for renewals after that notice.

9. Termination

We may suspend or terminate your access to the Service if you breach these Terms, if required by law, or if we reasonably believe continued provision would harm Diverge or other users.

You may stop using the Service at any time and delete your account through the app or by contacting us. On termination:

  • Your right to use the Service ends immediately
  • Productivity content and account data are deleted in accordance with the Privacy Policy
  • Sections of these Terms that by their nature should survive (intellectual property, disclaimers, limitation of liability, indemnity, governing law) survive termination

10. Disclaimers

Except as set out in section 12 (Australian Consumer Law), the Service is provided "as is" and "as available." To the maximum extent permitted by law, Diverge disclaims all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and uninterrupted availability.

We do not warrant that the Service will be error-free, secure, or available at all times, that defects will be corrected, or that any data you create with the Service will not be lost or corrupted.

11. Limitation of Liability

To the maximum extent permitted by law, and subject to section 12 (Australian Consumer Law):

  • Diverge will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, business opportunity, or other intangible losses.
  • Diverge's total aggregate liability arising out of or relating to the Service, however caused, is limited to the greater of (a) the amount you have paid Diverge in the twelve (12) months preceding the event giving rise to liability, or (b) AU$100.

These limits apply even if a remedy fails of its essential purpose and even if Diverge has been advised of the possibility of such damages.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other applicable consumer protection law where such exclusion would be unlawful.

If a consumer guarantee under the Australian Consumer Law applies to the Service and cannot be excluded, our liability for breach of that guarantee is limited (to the extent permitted by law) to:

  • For services: re-supplying the services or paying the cost of having the services re-supplied
  • For goods: replacement of the goods, supply of equivalent goods, or payment of the cost of replacement

13. Indemnity

You agree to indemnify and hold harmless Diverge and its officers, employees, and contractors from any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of:

  • Your violation of these Terms
  • Your misuse of the Service
  • Your Content
  • Your violation of any third-party right or applicable law

We will notify you of any claim and reasonably cooperate in the defence at your expense.

14. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the app or by email at least 30 days before they take effect, where practicable. We will update the "Last updated" date. Continuing to use the Service after the change means you accept the revised Terms. If you do not agree, stop using the Service.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia, without regard to its conflict-of-law rules. You and Diverge submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising out of or in connection with these Terms or the Service. Nothing in this section limits any right to bring proceedings in another jurisdiction where required by mandatory law.

17. Force Majeure

Neither party is liable for any failure or delay in performance caused by events outside its reasonable control (including acts of God, natural disasters, war, riots, terrorism, government action, network outages, or pandemic).

18. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force. These Terms, together with the Privacy Policy, are the entire agreement between you and Diverge concerning the Service and supersede any prior agreements.

19. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, on notice to you.

20. Notices

We may give notices through the app, by email to the address on your account, or by posting on the Service. Notices to Diverge should be sent to hello@getdiverge.com.

21. Contact

If you have any questions about these Terms, contact us at hello@getdiverge.com or through our website contact form.