These terms ("Terms") are a binding agreement between you and DIVU GmbH (Austria) or DIVU Canada Ltd. (Calgary, CA), collectively "DIVU", "we" or "us". By using this website or engaging our services, you agree to them. These Terms apply to both divu.tech and divu.ca.
01 Acceptance
Using divu.tech, subscribing to our writing, or booking a working session with us constitutes acceptance of these Terms. If you do not agree with any part of them, please do not use the site or contact us commercially.
02 Website use
You agree to use this website lawfully and to refrain from:
- Attempting to probe, scan, or test the vulnerability of the site or any connected system without our prior written consent.
- Scraping, crawling, or harvesting content at a rate that degrades service for others.
- Introducing malware or otherwise interfering with the integrity of the site.
- Using automated tools to submit the contact form or the data-personality questionnaire.
We may rate-limit, block, or pursue civil remedies against anyone who breaches the above.
03 Intellectual property
The DIVU name, mark, wordmark, site design, written essays, our analytical methods, and method documents are the intellectual property of DIVU GmbH. You may quote short excerpts with attribution; you may not republish whole essays, mirror the site, or use our marks in a way that suggests endorsement.
Engagement deliverables are governed by the IP clause of the engagement letter: typically, the client owns the models and dashboards built for their own operations, and DIVU retains the underlying methods and tooling.
04 Engagements
A commercial engagement with DIVU is formed only by a countersigned engagement letter. Nothing on this website (including fee ranges, pricing tiles, or scoping conversations) constitutes a binding offer on our part. The engagement letter governs scope, fees, timelines, acceptance criteria, change-control and IP for that specific project.
If the engagement letter conflicts with these Terms, the engagement letter wins. These Terms fill gaps; they do not override.
05 Confidentiality
All non-public information exchanged during scoping or delivery is treated as confidential for five years from the end of the engagement, whether marked as such or not. DIVU consultants are bound by individual NDAs with the same reach.
06 Warranties
We perform engagement work with the care and skill reasonably expected of a specialist analytics firm, and we stand behind our numbers. Beyond that, the website and any free content are provided "as is", without warranties of merchantability, fitness for a particular purpose, or uninterrupted availability.
07 Liability
To the extent permitted by law, DIVU's aggregate liability arising from or connected to a given engagement is capped at the fees paid under that engagement in the twelve months preceding the claim. We are not liable for indirect, incidental, or consequential loss, including lost profits, except in cases of intent or gross negligence. Nothing in these Terms excludes liability that cannot be excluded under applicable law.
08 Termination
We may suspend or terminate access to the website at any time for breach of these Terms. Engagement termination rights are set out in the engagement letter. Sections 03, 05, 06, 07 and 09 survive termination.
09 Governing law
Engagements contracted through DIVU GmbH are governed by Austrian law, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods, with exclusive venue in the courts of Graz, Austria. Engagements contracted through DIVU Canada Ltd. are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, with exclusive venue in the courts of Calgary, Alberta. DIVU may, at its option, bring proceedings in the jurisdiction of the client's registered office where practical.
Questions about these Terms go to office@divu.tech or office@divu.ca. See the Imprint for our full company details.