Diving Buddy Terms of Use
Last updated October 28, 2024
Agreement to Our Legal Terms
We are Diving Buddy Corporation ("Company," "we," "us," "our"), a corporation incorporated in the State of Delaware, United States. Our registered business address is 8 THE GREEN STE R, Dover, DE 19901, and our primary operational address is 3003 North 1st Street, Suite #312, San Jose, CA 95134.
For any inquiries, you may contact us via:
Email: contact@divingbuddy.io
Mail: 3003 North 1st Street, Suite #312, San Jose, CA 95134, United States
These Terms of Use form a legally binding agreement between you, personally or on behalf of an entity ("you"), and Diving Buddy Corporation. By accessing our Diving Buddy mobile application and related services (collectively, the "Services"), you acknowledge that you have read, understood, and agreed to be bound by all terms outlined here. If you disagree with any part of these Terms of Use, please do not use our Services.
This application is intended solely for users aged 18 and above. Persons under the age of 18 are not permitted to use or register for the Services.
We will notify users of changes to these Terms of Use by email or within the app. Any modifications will be effective upon posting or such notification. By continuing to use the Services after the effective date of any changes, you agree to the updated Terms of Use.
Table of Contents
1. Our Services
2. User Registration & Account
3. Intellectual Property & User Content
4. Purchases, Payments & Refund Policy
5. Privacy Policy & Data Use
6. Mobile Application License
7. Disclaimer of Liability
8. Term, Termination & Modifications
9. Governing Law & Dispute Resolution
10. Contact Us
1. Our Services
The information provided through our Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would violate law or regulation or subject us to additional registration within such jurisdiction. If you access the Services from locations outside the United States, you are responsible for compliance with local laws, if and to the extent that they apply.
Our Services are not designed to comply with any industry-specific regulations (including but not limited to HIPAA or FISMA), so if your activities are subject to such laws, you may not use our Services in a manner that would violate these requirements.
2. User Registration & Account
To access certain features of our Services, you may be required to register for an account. By creating an account, you agree to:
ㆍ Provide accurate, current, and complete information during registration.
ㆍ Maintain and promptly update your account information to keep it accurate, complete, and up to date.
ㆍ Keep your login credentials confidential and secure. You are responsible for all activities that occur under your account, whether authorized or not.
ㆍ Notify us immediately if you believe your account has been compromised or accessed without your authorization.
We reserve the right to suspend or terminate your account if any information provided during registration or afterward proves to be inaccurate, false, or incomplete, or if you are found to be in violation of these Terms.
You must be at least 18 years old to create an account. By registering, you represent and warrant that you meet the age requirement and are capable of agreeing to these Terms.
3.Intellectual Property & User Content
Our Intellectual Property
All content, trademarks, service marks, and other intellectual property used in the Services, including but not limited to the app’s design, source code, databases, functionality, software, website, audio, video, text, photos, and graphics (collectively, the "Content"), as well as Diving Buddy’s name, logo, and branding (collectively, the "Marks"), are owned or licensed by Diving Buddy Corporation and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and the Content solely for your personal, non-commercial use.
Restrictions
You agree not to:
ㆍ Copy, modify, reproduce, distribute, or create derivative works from the Content or Marks without our prior written permission.
ㆍ Use any of our Marks without prior approval, except as part of the Services.
User-Generated Content
By creating, submitting, posting, or displaying content through the Services (such as photos, videos, or text), you grant Diving Buddy Corporation a worldwide, non-exclusive, royalty-free, transferable license to use, display, reproduce, and distribute your content for the purposes of operating and promoting the Services.
You represent and warrant that:
ㆍ You own or have the necessary rights to all content you submit.
ㆍ Your content does not infringe the intellectual property rights, privacy rights, or other legal rights of any third party.
We reserve the right to remove or modify any user-generated content at our discretion if it violates these Terms or applicable laws.
4. Purchases, Payments & Refund Policy
Purchases and Payment Methods
Purchases made through the Services, such as subscriptions or additional features, are processed via third-party payment providers. We accept payments through PayPal, credit cards, and other payment methods as specified within the Services.
By providing payment information, you authorize Diving Buddy Corporation or its third-party providers to charge your selected payment method for all fees and any applicable taxes.
Subscription Payments and Renewals
If you subscribe to any paid services within the app, the subscription will automatically renew at the end of the term unless canceled before the renewal date. You may manage or cancel subscriptions directly through your account with the payment provider, such as PayPal. Subscription fees are non-refundable once the payment is processed.
Refund Policy
All purchases are final, and we do not offer partial refunds for any unused portion of a subscription or feature purchase. Any refunds, if applicable, are solely at our discretion.
Pricing Changes
We reserve the right to change prices for any features or subscription plans at any time. However, you will be notified in advance of any changes in pricing for your current subscription term.
5. Privacy Policy & Data Use
We are committed to protecting your privacy. By using our Services, you agree to the collection, use, and disclosure of information as described in our Privacy Policy, which details how we handle personal data, user content, and other information provided through the Services.
The Privacy Policy includes information on:
ㆍ Data Collection: The types of information we collect, such as personal details, device data, and usage information.
ㆍ Data Usage: How we use this data to operate, enhance, and personalize the Services.
ㆍ Data Sharing: Circumstances under which we may share your information with third parties, such as service providers and legal authorities.
ㆍ Data Security: Measures we implement to protect your information.
For more detailed information, please review our full Privacy Policy [link to Privacy Policy].
6. Mobile Application License
Use License
We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Diving Buddy mobile application on your personal devices, strictly in accordance with these Terms of Use.
Restrictions
You agree not to:
Decompile, reverse engineer, disassemble, or attempt to derive the source code of the app.
Modify, adapt, translate, or create derivative works based on the app.
Use the app for any revenue-generating endeavor or commercial purpose beyond those expressly permitted by Diving Buddy Corporation.
Make the app available over a network where it could be used by multiple devices at the same time.
App Store Compliance
When downloading the app from Apple App Store or Google Play, you agree to comply with their respective terms and conditions. Diving Buddy Corporation is solely responsible for the app's maintenance, support, and warranty, as required under these Terms.
7. Disclaimer of Liability
The Services are provided on an "as-is" and "as-available" basis. Diving Buddy Corporation makes no warranties, either express or implied, regarding the reliability, accuracy, or suitability of the Services for any specific purpose.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be available at all times, secure, free of errors, or free from harmful components like viruses.
Limitation of Liability
In no event will Diving Buddy Corporation or our directors, employees, or agents be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits or data, arising from your use of the Services. Our total liability to you for any claim relating to the Services will not exceed the amount, if any, paid by you to Diving Buddy Corporation in the 6 months prior to the claim.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so these exclusions may not apply to all users.
8. Term, Termination & Modifications
Term
These Terms of Use remain in effect as long as you access or use the Services.
Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to the Services at any time and for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease. You are prohibited from creating a new account or accessing the Services without our explicit consent if your account has been terminated.
Modifications
We may modify or discontinue all or part of the Services at any time, with or without notice. Any changes to these Terms of Use will be effective upon posting within the app or notifying you by email. By continuing to use the Services after the effective date of changes, you agree to be bound by the modified terms.
9. Governing Law & Dispute Resolution
These Terms of Use and any disputes arising out of or related to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
Dispute Resolution
Any legal action or proceeding related to these Terms of Use shall be brought exclusively in the state or federal courts located in Dover, Delaware. By using the Services, you consent to the jurisdiction and venue of these courts and waive any objections to the exercise of jurisdiction over you by such courts.
10. Contact Us
If you have questions, feedback, or need assistance regarding these Terms of Use or the Services, please contact us:
ㆍ Email: contact@divingbuddy.io
ㆍ Mail: Diving Buddy Corporation, 3003 North 1st Street, Suite #312, San Jose, CA 95134, United States
We are here to help and will respond to your inquiries as promptly as possible.
We are Diving Buddy Corporation ("Company," "we," "us," "our"), a corporation incorporated in the State of Delaware, United States. Our registered business address is 8 THE GREEN STE R, Dover, DE 19901, and our primary operational address is 3003 North 1st Street, Suite #312, San Jose, CA 95134.
For any inquiries, you may contact us via:
Email: contact@divingbuddy.io
Mail: 3003 North 1st Street, Suite #312, San Jose, CA 95134, United States
These Terms of Use form a legally binding agreement between you, personally or on behalf of an entity ("you"), and Diving Buddy Corporation. By accessing our Diving Buddy mobile application and related services (collectively, the "Services"), you acknowledge that you have read, understood, and agreed to be bound by all terms outlined here. If you disagree with any part of these Terms of Use, please do not use our Services.
This application is intended solely for users aged 18 and above. Persons under the age of 18 are not permitted to use or register for the Services.
We will notify users of changes to these Terms of Use by email or within the app. Any modifications will be effective upon posting or such notification. By continuing to use the Services after the effective date of any changes, you agree to the updated Terms of Use.
Table of Contents
1. Our Services
2. User Registration & Account
3. Intellectual Property & User Content
4. Purchases, Payments & Refund Policy
5. Privacy Policy & Data Use
6. Mobile Application License
7. Disclaimer of Liability
8. Term, Termination & Modifications
9. Governing Law & Dispute Resolution
10. Contact Us
1. Our Services
The information provided through our Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would violate law or regulation or subject us to additional registration within such jurisdiction. If you access the Services from locations outside the United States, you are responsible for compliance with local laws, if and to the extent that they apply.
Our Services are not designed to comply with any industry-specific regulations (including but not limited to HIPAA or FISMA), so if your activities are subject to such laws, you may not use our Services in a manner that would violate these requirements.
2. User Registration & Account
To access certain features of our Services, you may be required to register for an account. By creating an account, you agree to:
ㆍ Provide accurate, current, and complete information during registration.
ㆍ Maintain and promptly update your account information to keep it accurate, complete, and up to date.
ㆍ Keep your login credentials confidential and secure. You are responsible for all activities that occur under your account, whether authorized or not.
ㆍ Notify us immediately if you believe your account has been compromised or accessed without your authorization.
We reserve the right to suspend or terminate your account if any information provided during registration or afterward proves to be inaccurate, false, or incomplete, or if you are found to be in violation of these Terms.
You must be at least 18 years old to create an account. By registering, you represent and warrant that you meet the age requirement and are capable of agreeing to these Terms.
3.Intellectual Property & User Content
Our Intellectual Property
All content, trademarks, service marks, and other intellectual property used in the Services, including but not limited to the app’s design, source code, databases, functionality, software, website, audio, video, text, photos, and graphics (collectively, the "Content"), as well as Diving Buddy’s name, logo, and branding (collectively, the "Marks"), are owned or licensed by Diving Buddy Corporation and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and the Content solely for your personal, non-commercial use.
Restrictions
You agree not to:
ㆍ Copy, modify, reproduce, distribute, or create derivative works from the Content or Marks without our prior written permission.
ㆍ Use any of our Marks without prior approval, except as part of the Services.
User-Generated Content
By creating, submitting, posting, or displaying content through the Services (such as photos, videos, or text), you grant Diving Buddy Corporation a worldwide, non-exclusive, royalty-free, transferable license to use, display, reproduce, and distribute your content for the purposes of operating and promoting the Services.
You represent and warrant that:
ㆍ You own or have the necessary rights to all content you submit.
ㆍ Your content does not infringe the intellectual property rights, privacy rights, or other legal rights of any third party.
We reserve the right to remove or modify any user-generated content at our discretion if it violates these Terms or applicable laws.
4. Purchases, Payments & Refund Policy
Purchases and Payment Methods
Purchases made through the Services, such as subscriptions or additional features, are processed via third-party payment providers. We accept payments through PayPal, credit cards, and other payment methods as specified within the Services.
By providing payment information, you authorize Diving Buddy Corporation or its third-party providers to charge your selected payment method for all fees and any applicable taxes.
Subscription Payments and Renewals
If you subscribe to any paid services within the app, the subscription will automatically renew at the end of the term unless canceled before the renewal date. You may manage or cancel subscriptions directly through your account with the payment provider, such as PayPal. Subscription fees are non-refundable once the payment is processed.
Refund Policy
All purchases are final, and we do not offer partial refunds for any unused portion of a subscription or feature purchase. Any refunds, if applicable, are solely at our discretion.
Pricing Changes
We reserve the right to change prices for any features or subscription plans at any time. However, you will be notified in advance of any changes in pricing for your current subscription term.
5. Privacy Policy & Data Use
We are committed to protecting your privacy. By using our Services, you agree to the collection, use, and disclosure of information as described in our Privacy Policy, which details how we handle personal data, user content, and other information provided through the Services.
The Privacy Policy includes information on:
ㆍ Data Collection: The types of information we collect, such as personal details, device data, and usage information.
ㆍ Data Usage: How we use this data to operate, enhance, and personalize the Services.
ㆍ Data Sharing: Circumstances under which we may share your information with third parties, such as service providers and legal authorities.
ㆍ Data Security: Measures we implement to protect your information.
For more detailed information, please review our full Privacy Policy [link to Privacy Policy].
6. Mobile Application License
Use License
We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Diving Buddy mobile application on your personal devices, strictly in accordance with these Terms of Use.
Restrictions
You agree not to:
Decompile, reverse engineer, disassemble, or attempt to derive the source code of the app.
Modify, adapt, translate, or create derivative works based on the app.
Use the app for any revenue-generating endeavor or commercial purpose beyond those expressly permitted by Diving Buddy Corporation.
Make the app available over a network where it could be used by multiple devices at the same time.
App Store Compliance
When downloading the app from Apple App Store or Google Play, you agree to comply with their respective terms and conditions. Diving Buddy Corporation is solely responsible for the app's maintenance, support, and warranty, as required under these Terms.
7. Disclaimer of Liability
The Services are provided on an "as-is" and "as-available" basis. Diving Buddy Corporation makes no warranties, either express or implied, regarding the reliability, accuracy, or suitability of the Services for any specific purpose.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be available at all times, secure, free of errors, or free from harmful components like viruses.
Limitation of Liability
In no event will Diving Buddy Corporation or our directors, employees, or agents be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits or data, arising from your use of the Services. Our total liability to you for any claim relating to the Services will not exceed the amount, if any, paid by you to Diving Buddy Corporation in the 6 months prior to the claim.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so these exclusions may not apply to all users.
8. Term, Termination & Modifications
Term
These Terms of Use remain in effect as long as you access or use the Services.
Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to the Services at any time and for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease. You are prohibited from creating a new account or accessing the Services without our explicit consent if your account has been terminated.
Modifications
We may modify or discontinue all or part of the Services at any time, with or without notice. Any changes to these Terms of Use will be effective upon posting within the app or notifying you by email. By continuing to use the Services after the effective date of changes, you agree to be bound by the modified terms.
9. Governing Law & Dispute Resolution
These Terms of Use and any disputes arising out of or related to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
Dispute Resolution
Any legal action or proceeding related to these Terms of Use shall be brought exclusively in the state or federal courts located in Dover, Delaware. By using the Services, you consent to the jurisdiction and venue of these courts and waive any objections to the exercise of jurisdiction over you by such courts.
10. Contact Us
If you have questions, feedback, or need assistance regarding these Terms of Use or the Services, please contact us:
ㆍ Email: contact@divingbuddy.io
ㆍ Mail: Diving Buddy Corporation, 3003 North 1st Street, Suite #312, San Jose, CA 95134, United States
We are here to help and will respond to your inquiries as promptly as possible.