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Terms of Service

Effective date: 2026-05-15 · Version 1.0 (beta)

DRAFT — pending legal review. This document is in beta and has not been reviewed by a licensed attorney. It is provided to govern the beta service in good faith.

1. Acceptance and age

By creating an account or using DivePass, you agree to these Terms of Service ("Terms") and our Privacy Policy. You must be at least 18 years old to use DivePass. If you do not agree, do not use the service.

2. What DivePass is

DivePass is a logbook, a directory of dive sites and partner dive operators, and a referral platform. DivePass is not:

  • A dive operator, instructor, or certification body
  • A medical advisor or fitness evaluator
  • An insurance provider
  • A payment processor (during beta — bookings are paid directly to the operator)
  • A guarantor of any operator's safety, qualifications, or services

3. Your account

You may create one account, must provide accurate information, and are responsible for maintaining the confidentiality of your credentials and all activity under your account.

4. License to use the app

We grant you a personal, revocable, non-exclusive, non-transferable license to use DivePass for your own non-commercial diving activity.

5. Your content

You may upload dive logs, photos, reviews, and other content ("UGC"). You retain ownership of your UGC. By uploading, you grant DivePass a non-exclusive, worldwide, royalty-free license to host, display, copy, distribute, and create derivative works of your UGC for the sole purpose of operating and improving the service.

You represent that you own your UGC or have permission to share it, and you will defend and indemnify DivePass from any claim that your UGC infringes on someone else's rights.

6. Prohibited conduct

You may not:

  • Use DivePass for any illegal purpose
  • Upload content that infringes copyright, trademark, or privacy rights
  • Harass, threaten, or impersonate other users
  • Misrepresent your certification level, identity, or affiliations
  • Scrape, automate, or reverse-engineer the service
  • Attempt to bypass security or rate limits

7. Third-party operators

DivePass lists and refers users to independent dive shops and freelance professionals ("Operators"). Operators are independent businesses, not employees, agents, or partners of DivePass. Bookings, payments, refunds, cancellations, complaints, and the dives themselves are matters between you and the Operator.

DivePass does not supervise, control, employ, insure, or guarantee any Operator. We do not verify Operators' certifications, permits, or insurance independently of their own representations to us.

8. Scuba diving — assumption of risk

Scuba diving carries inherent risks of injury and death. By using DivePass to log dives, plan dives, or contact Operators, you acknowledge that you are solely responsible for your dive decisions, your fitness to dive, your certification level, and your equipment. The full Safety Acknowledgment is at /legal/safety.

9. No warranty

DivePass is provided "as is" and "as available." We make no warranty of accuracy, availability, fitness for purpose, or that the service will be uninterrupted or error-free.

10. Limitation of liability

To the maximum extent permitted by law, DivePass and its founder are not liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of your use of the service. Our total aggregate liability to you for all claims is limited to the amount you have paid DivePass in the twelve months preceding the claim, which during the beta period is MXN $0.

Some jurisdictions do not permit limits on certain damages; this section applies only to the extent permitted in your jurisdiction.

11. Indemnification

You agree to defend, indemnify, and hold DivePass and its founder harmless from any claim arising from your conduct, your UGC, your violation of these Terms, or your interactions with Operators or other users.

12. Account termination

You may terminate your account at any time. We may suspend or terminate your account for cause, including violation of these Terms, fraud, or risk to other users.

13. Governing law and disputes

These Terms are governed by the laws of Mexico, without regard to conflict-of-laws principles. Any dispute arising from these Terms or your use of the service will be resolved in the courts of Mexico.

(An arbitration clause for non-Mexican users will be added in V2.)

14. Changes to these Terms

We may update these Terms. Material changes will trigger an in-app re-acceptance flow before you can continue using the service. Non-material changes (clarifications, typo fixes) take effect on posting.

15. Severability and entire agreement

If any provision is found unenforceable, the remainder remains in effect. These Terms together with the Privacy Policy and Safety Acknowledgment are the entire agreement between you and DivePass regarding your use of the service.

16. Contact

Questions about these Terms: axelcureno@gmail.com.