Terms & Conditions

Please read these Terms and Conditions ("Terms") carefully. These Terms govern and apply to your access and use of the platform offered by Split Happy Inc., Split Happy services available through the Split Happy Web site (www.splithappy.com), and Split Happy mobile apps (referred to as “App”) (all hereinafter collectively referred to as Split Happy "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service.

As used herein, “we,” “our,” and “us” refer to Split Happy; “you”, “your” and “yourself” refer to the individual user of the Services.

As used herein, “Website”, “Site” or “Platform” refers to www.splithappy.com.

You hereby certify that you are (i) over the age of eighteen (18), (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account, (iii) your marital union, domestic partnership, or other similar union is governed by the laws of the State where Split Happy provides Services, (iv) you are 18 years of age or older and legally competent to agree to these Terms and Conditions.

Split Happy provides divorce filing services in the State of California.

Split Happy offers self-help “Do-It-Yourself” (DIY) software, instructional templates, interactive guides and checklists, various tutorials on the divorce process, and videos that will help you in your divorce process. Split Happy also provides (1) generally published, factual information, that has been approved by the Courts which pertain to the legal procedures, rights, or obligations, when you represent yourself in a legal matter; (2) access to relevant, published legal documents; (3) a “Do-It-Yourself” divorce form generator; and (4) access to mediators and therapists who you can hire to assist you in your case.

Our self-help DIY software currently covers only California divorce cases and the standard forms used by most Courts in California. However, we do not currently provide support for all Local Court Forms that may be required by some California courts. You should check with your local Courthouse to see if they require any special coversheets or other such local forms.

Split Happy is not a law firm and does not provide attorney services. We do not handle contested divorces. Should your divorce matter not be able to be handled through the DIY process, or with the assistance of mediators and therapists, you will then need to retain an attorney to handle your contested divorce.

Therapy and mediation services are accessible in all states where we have an affiliated Mediator and/or Therapist. You do not need to be legally married in order to benefit from Mediation and/or Therapy services, however, only legally recognized marriages can be terminated by the Courts.

You understand and agree that Split Happy does not provide attorney services. We are a document preparation, mediation and therapy services facilitator. The fact that some of our Mediators may hold licenses as attorneys does not make Split Happy a law firm and any legal services you contract with an attorney-mediator who is listed on www.splithappy.com shall be done outside the scope of the Services provided by Split Happy.

Even though some of our Mediators may be licensed attorneys, we provide access to these mediators for mediation purposes. You cannot hire these mediators to handle your case as attorneys if you are using our Services. Thus, you will need to retain an independent attorney to handle your contested divorce.

ACCESSING SPLIT HAPPY’S MATERIALS DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND SPLIT HAPPY OR ANY OF ITS AFFILIATED ENTITIES.

Split Happy users that access mediators and/or therapists through our Platform enter into an agreement directly with the respective mediator/therapist. In case you decide to access and pay for any mediator and/or therapist help, you will be required to review and accept the latter’s terms of services specifically related to the services and fees that you are hiring them to perform.

Site Content

Split Happy provides assistance to those looking to separate, divorce, or establish some other type of arrangement from their spouse, domestic partner, or long term co-habiting adult.

Split Happy provides access and assistance to Court documents for separation and divorce, currently only in the State of California, and access to Mediation and Therapy services to allow couples (co-habitants) to work out their split so they can "Split Happy." Split Happy supports its customers to find the path to happy even in the difficult task of splitting up.

If at any point we determine for any reason that we cannot continue to provide access to the materials currently available on our Web site, we may remove access to such materials, and no recourse shall be available to any member of the public. Split Happy has no obligation to provide or continue to provide these materials.

The materials provided on our Website are informational only and do not provide content tailored to your specific matter. The information presented is not legal advice, is not to be acted on as such, and is subject to change without notice. We will make every reasonable attempt to keep the information available up to date. The information contained in the materials is deemed reliable but not guaranteed.

In case you decide to access and pay for any of our premium Services please understand that our Services are not suitable for everyone or every case, and we make no guarantees regarding the outcome of your case.

Account Enrollment

To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person and Split Happy customer service. In exchange for your use of the Service and, if applicable, in order for our Mediators and Therapists to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname after you provide certain personal and emergency Contact Information); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Split Happy has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Split Happy reserves the right to terminate your Account and your use of Split Happy Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Split Happy will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

Prohibited Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming, or through other means. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Split Happy nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

Payment

Any payment you make for the use of the Services is used to compensate Split Happy for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.

?The Split Happy Mediators and Therapists practicing through the site may also compensate Split Happy for the use of the Split Happy technology and Platform and for administrative fees. Part of your payment for the use of the Services, accounted for separately, is remitted to the Mediator/Therapist for the mediation/therapy services provided to you. Split Happy does not participate, split, or take a percentage of this payment to the Mediator/Therapist. Regardless of any payments made, Split Happy does not hold itself out as your direct provider of mediation/therapy services as that is the role of your Mediator/Therapist. However, you agree not to retain your Mediator/Therapist or any mediator/therapist working with Split Happy for mediation/therapy services while you have an open account with Split Happy. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Split Happy from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing Split Happy with credit card information you authorize Split Happy to bill and charge your credit card when fees and charges are due.

Mediators and Therapists

Split Happy does not directly employ the Mediators/Therapists who are featured on www.splithappy.com, they are independent contractors who have agreed to provide Split Happy Users with Mediation/Therapy Services for specific rates of compensation and set their own schedules. Split Happy created a system where you can complete forms on your own, and seek the assistance of our Mediators to work out issues with your spouse or partner.

In order to receive approval to work as a Split Happy Mediator/Therapist, the applying Mediator/Therapist must be found to be in compliance with the policies and procedures of Split Happy, and have appropriate training, experience and licenses/certificates (if required) as a mediator/therapist and must receive written approval from Split Happy.

This verification process includes, but is not limited to:

• Verification of training, certifications, and experience;
• Verification of proper education and degree;
• Verification of work history.
• Verification of licensure for attorney-mediators and jurisdictions, which license mediators. The practitioner holds a valid, current license to practice, which is verified directly from the state license agency.
• Verification of malpractice insurance, where required.
• Verification of malpractice history.

Your relationship with the Mediator/Therapist is strictly with the Provider. Split Happy is not involved in the mediator-client or therapist-client relationship and does not interfere except when advocating on behalf of You when following up on a particular complaint.

Intellectual Property

All of the content available on or through the Service is the property of Split Happy or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Split Happy or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

"Split Happy" is a copyrighted term, as are others found on www.splithappy.com. All rights are reserved. Subject to the terms of these Terms, Split Happy hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in www.splithappy.com Web site to the extent, and only to the extent, necessary to access and use the Services provided on the Web site or in the App.

The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party.

Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPLIT HAPPY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, SPLIT HAPPY DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. SPLIT HAPPY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL SPLIT HAPPY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, EMPLOYEES, ANY SPLIT HAPPY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICE OR CONTENT.

UNDER NO CIRCUMSTANCES SHALL SPLIT HAPPY, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, EMPLOYEES, MEDIATORS, THERAPISTS, OR AFFILATES OR ANY THIRD PARTY WHO PROMOTES SPLIT HAPPY OR PROVIDES YOU WITH A LINK TO THE SERVICES ON WWW.SPLITHAPPY.COM, BE LIABLE FOR:

• ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE;
• ANY DAMAGES, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN;
• ANY ERRORS, MISTAKES, OR INACCURACIES OF THE WEB SITE’S CONTENT;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE,

WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF SPLIT HAPPY, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, EMPLOYEES, MEDIATORS, THERAPISTS, OR AFFILATES OR ANY THIRD PARTY WHO PROMOTES SPLIT HAPPY OR PROVIDES YOU WITH A LINK TO THE SERVICES ON WWW.SPLITHAPPY.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Hyperlinks

Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Split Happy, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to Split Happy. Split Happy does not endorse the content on any third-party websites. Split Happy is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. Split Happy does not knowingly link to third-party websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

Termination

Split Happy may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Split Happy has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Split Happy reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Privacy

You consent to Split Happy using "Meta Data" and other search terms to scan your data to improve out services applying ‘Safe Harbor” de-identified transcripts to search for trends and patterns that may affect the quality of the Services provided to you or the practices of the Mediators/Therapists.

You are giving your consent to Split Happy to record your calls to assure Quality Assurance, but you may opt out of recorded calls and continue to receive assistance.

All de-identified data, meta-data and research data collected by Split Happy through your use of the Services remains the sole property of Split Happy. Split Happy may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non-identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that Split Happy remove or delete any of such data.

You agree that the email and username you provide can be used by Split Happy to send you marketing offers from Split Happy.
You acknowledge that Split Happy must store all personal data as required by law and may not delete such data, even upon your direct request, if required by law.

You acknowledge that Split Happy will delete all such NPI data as it is not prohibited by law, upon your request, or upon the termination of a reasonable amount of time, and that such data while deleted may still exist in backup copies, for an additional period of reasonable time.

Disputes

Any dispute or claim relating in any way to your use of the Split Happy Web site, www.splithappy.com or the Services offered on same will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret these Terms as a court would.

It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Split Happy and You each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.

General

These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the California courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. Split Happy’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Split Happy may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire Agreement between Split Happy and yourself regarding the Service, and supersede and replace any prior agreements you and Split Happy might have regarding the Service. Split Happy may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the terms periodically.

Pricing

These Terms and Conditions were last updated on April 6, 2021 and are deemed effective as amended as of this date.