Terms of Service
Last updated:
These Terms of Service ("Terms") govern your access to and use of the Divera platform, including the Divera dashboard for dive-center operators and the Divera mobile application for divers (collectively, the "Service"), provided by Divera ("Divera", "we", "us").
1. Acceptance of these Terms
By creating an account, signing into the dashboard, or otherwise accessing the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a dive center or other legal entity, you represent that you have authority to bind that entity and the term "you" refers to that entity.
2. Accounts
Operator accounts are created by invitation. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. You must provide accurate information and keep it up to date. We may suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for unlawful purposes.
3. Description of the Service
Divera is a software-as-a-service platform that helps dive centers manage immersions, bookings, equipment, staff scheduling, and diver records, and helps divers register for dives, store certifications, and communicate with their dive center.
Divera is a tool that supports the operations of dive centers; it is not a dive operator itself, does not perform dives, does not provide instruction, and does not assess the medical fitness of divers. Decisions about who may dive, under what conditions, and with which equipment remain the sole responsibility of the dive center and its qualified staff.
4. Fees and Payments
Pricing for paid plans, if any, will be communicated separately and agreed in writing with your dive center. The Service may display or record payment information for bookings between dive centers and their divers; Divera does not currently process those payments and is not party to the underlying transaction.
5. Your Obligations
- Comply with all applicable laws, including data-protection, consumer-protection, and dive-safety regulations in the jurisdictions where you operate.
- Only upload data (including diver records, medical questionnaires, identification documents and waivers) for which you have a lawful basis to process and, where required, the data subject's consent.
- Do not attempt to disrupt the Service, reverse-engineer it, scrape it, or use it to send unsolicited communications.
- Do not use the Service to make decisions about a person's health, fitness to dive, or insurance eligibility without the involvement of qualified personnel.
6. Your Content
You retain all rights in the content you upload to the Service ("Your Content"). You grant Divera a limited, non-exclusive, worldwide licence to host, store, transmit, and display Your Content solely as necessary to provide and improve the Service to you. We will not sell Your Content or use it to train machine-learning models without your prior written consent.
7. Intellectual Property
The Service, including its software, design, trademarks and logos, is owned by Divera or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms. No other rights are granted by implication.
8. Disclaimers and Limitation of Liability
The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law. Divera does not warrant that the Service will be uninterrupted, error-free, or fit for a particular purpose.
To the fullest extent permitted by applicable law, Divera shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, arising out of or in connection with the Service. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability arising from gross negligence, wilful misconduct, or, where applicable, personal injury or death caused by negligence.
Diving carries inherent risks. Responsibility for diver safety, medical clearance, and emergency response rests with the dive center, its qualified staff, and the diver. Divera does not assume any operational, supervisory, or rescue duty by virtue of providing the Service.
9. Suspension and Termination
You may stop using the Service at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if continued provision of the Service to you becomes commercially unreasonable. On termination, sections that by their nature should survive (intellectual property, disclaimers, limitation of liability, governing law) will remain in effect.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of the Kingdom of Spain, without regard to its conflict-of-laws rules. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Spain, without prejudice to any mandatory consumer-protection rights you may have under the law of your country of residence.
11. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Material changes will be announced through the dashboard or by email. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.
12. Contact
Questions about these Terms can be sent to diveradevelopers@gmail.com.