Platform Terms of Service

These Terms govern access to Diving.Management, Diving.Software, Diving.Voyage and related applications, websites, APIs and services (together, the “Platform”) operated by the entity identified in the Platform Identity Schedule (“we”, “us”, “Platform Provider”). By creating an account, accessing a workspace or using the Platform, you agree to these Terms.

Diving.Software is an operations and booking service for dive businesses. Diving.Voyage provides diver accounts, discovery and booking access. The Platform Provider is not the provider, instructor, guide, carrier or safety supervisor for a booked diving service unless a checkout expressly identifies it as such.

You must be legally capable of entering a contract. If you act for an organization, you confirm that you have authority to bind it. A business user must provide accurate legal, tax, location, contact and payment information and keep it current. An adult creating or approving a minor's record confirms legal authority to do so.

You must use accurate information, protect credentials, limit workspace access to authorised personnel and notify us promptly of suspected misuse. Accounts are personal unless the Platform expressly supports a shared operational role. The organization is responsible for its users, role assignments, lawful instructions and activity performed through its workspace, except to the extent caused by our breach.

We may require verification, multi-factor authentication, business evidence or Stripe onboarding. We may suspend access where reasonably necessary to protect users, data, payments, legal compliance or Platform integrity.

Subject to these Terms and the Commercial Schedule, we grant a limited, non-exclusive, non-transferable right to use the Platform during the subscription or authorised free-access period. Features may include offer configuration, booking/POS intake, customer and document management, planning, operations, payments, public listings and integrations.

We may improve the Platform and make proportionate changes that do not materially remove paid core functionality. Material adverse changes will be notified in advance where reasonably possible. Beta, preview or early-access features may change and are provided without a production availability commitment.

Each dive business is solely responsible for:

• the accuracy, legality, availability, safety and delivery of its services;
• permits, licences, insurance, qualified staff, boats, equipment, emergency plans and local compliance;
• prices, taxes, descriptions, prerequisites, capacity and availability;
• customer contracts, cancellation rules, waivers, medical screening and guardian permissions required in its jurisdiction;
• deciding whether a participant may safely take part;
• responding to customers, incidents, refunds, complaints and regulatory requests;
• having a lawful basis and providing notices for personal data it enters or receives;
• its users' permissions and any data exported from the Platform.

The Platform does not provide medical, legal, tax, diving, certification or safety advice.

You must not use the Platform to break law; mislead customers; discriminate unlawfully; sell prohibited or unsafe services; infringe rights; upload malware; probe or bypass security; scrape or access data without permission; expose another tenant's data; impersonate others; interfere with availability; use automated access outside documented APIs; or submit unlawful, excessive or unnecessary sensitive data.

You must not use customer health, identity or emergency information for advertising, profiling unrelated to the service, or any purpose incompatible with the notice and lawful basis under which it was collected.

As between the Platform Provider and a business, the business retains rights in its tenant data. The Platform Provider retains rights in the Platform, software, documentation, aggregate service metrics, public/global catalogs and platform-operated directory records. Diving.Voyage retains the diver account/profile as described in the Privacy Notice; a dive business retains its organization-scoped customer and operational record.

You grant us the rights necessary to host, secure, process, transmit, back up and display data to provide the Platform, comply with law and enforce these Terms. We do not acquire ownership of your confidential tenant content.

Data protection obligations are governed by the Privacy Notice and, for business customers, the DPA.

If a business publishes a profile, offer, image or other content, it authorises us to display, format and distribute that content through the Platform. The business confirms that it has all necessary rights and that claims are accurate. We may moderate, correct obvious technical errors, unpublish or remove content that is unlawful, unsafe, misleading or violates policy. Reviews and platform verification signals remain platform records; businesses may not fabricate or manipulate them.

Bookings are governed by the Booking Terms, Booking Contract Schedule and applicable Cancellation Policy. For direct Stripe Connect charges, the named dive operator is the merchant of record and contracting service provider. We facilitate the transaction and may collect an operator-side platform fee. Payment processing is governed by the Payment Terms and Stripe's applicable terms.

Business charges are stated in the accepted Commercial Schedule. Fees are exclusive of taxes unless stated otherwise. The business is responsible for its taxes and for accurate tax treatment of customer sales. Subscription fees may renew automatically for the stated interval until cancelled. Cancellation stops future renewal but does not retrospectively refund an already-started period unless mandatory law or the Commercial Schedule says otherwise.

We may change fees prospectively by giving at least 30 days' notice, or longer where required by law or contract. A new rate applies no earlier than the next renewal or stated effective date. Transaction commission is frozen for each booking under the fee-policy version recorded with that booking.

The Platform integrates with services such as Stripe, hosting, email and CAPTCHA providers. Their separate terms may apply. We are not responsible for third-party systems outside our reasonable control, but we remain responsible for our own selection and management obligations under applicable data-protection law.

The Platform, branding, code, design and documentation are owned by us or our licensors. Except for the limited right in section 4, no rights are transferred. If you give feedback, you permit us to use it without restriction or payment, provided we do not disclose your confidential information.

Each party must protect the other's non-public business, technical and customer information using reasonable care and use it only for the contract. This does not cover information lawfully public, already known without duty, independently developed or lawfully obtained from another source. A compelled disclosure must be limited and, where lawful, preceded by notice.

We use reasonable care to operate and secure the Platform but do not promise uninterrupted or error-free availability. Planned maintenance, emergency security work, internet failures and third-party outages may affect service. Any specific service levels must be stated in a separate written order.

Either party may terminate according to the Commercial Schedule. We may suspend or terminate for material breach, unlawful or dangerous use, non-payment, security risk or where continued service would violate law or provider requirements. Where appropriate, we will give notice and a reasonable opportunity to cure.

After termination, authorised access ends. On request made within 30 days, we will provide a reasonable export of available tenant data in a commonly used format, subject to security, law and unpaid charges. We then delete or anonymise data under the Retention Schedule, except for lawful retention, backups and dispute evidence.

Each party warrants it has authority to enter these Terms. We warrant that we will provide the Platform with reasonable skill and care. To the maximum extent permitted by law, the Platform is otherwise provided “as available”; implied warranties that can lawfully be excluded are excluded. Nothing excludes non-waivable statutory rights.

Nothing limits liability that cannot legally be limited, including fraud, wilful misconduct, death or personal injury caused by negligence where exclusion is prohibited, or mandatory data-protection liability.

Subject to that rule, neither party is liable for indirect or consequential loss, lost profits, lost goodwill or loss of data that the other party could reasonably have backed up. Our aggregate liability arising from the Platform in any 12-month period is limited to the fees paid or payable by the affected business during that period, or the B2B liability floor in the Platform Identity Schedule if higher. This cap does not apply to a party's infringement, confidentiality breach, unlawful data use, payment obligations or indemnity to the extent local law prohibits the cap.

The Platform Provider is not liable for operator-delivered diving services, safety decisions, weather, participant fitness, equipment, transport or operator representations. This does not limit liability for the Platform Provider's own acts or omissions.

To the extent permitted by law, a business will defend and indemnify the Platform Provider against third-party claims arising from the business's services, unsafe or unlawful conduct, content, tax obligations, employment arrangements, customer contract breach or data processing contrary to law or documented Platform instructions. We will give prompt notice, reasonable cooperation and control of the defence, subject to no settlement admitting our fault without consent.

Legal notices may be sent to the emails in the relevant Identity or Commercial Schedule. We may update these Terms for law, security, provider or product changes. Material changes will be notified in advance. Changes do not alter an already-confirmed customer booking unless required by law or agreed with the customer.

B2B disputes are governed by the law and courts in the Platform Identity Schedule, without excluding mandatory rights. Consumers retain mandatory protections and access to competent courts under the law applicable to them. Before litigation, the parties should attempt good-faith resolution through the listed legal contact.

Neither party may assign the contract without consent, except we may assign it with the Platform business or corporate reorganisation while preserving rights. We are not liable for delay caused by events outside reasonable control. If a clause is unenforceable, the remainder continues. Failure to enforce is not a waiver. These Terms, incorporated schedules, DPA and any written order form are the entire platform agreement.