Terms of Service

Welcome to DigiDive. These Terms of Service ("Terms") govern your use of our dive center management platform, including our website, mobile applications, and related services (collectively, the "Service").

By accessing or using DigiDive, you agree to be bound by these Terms. If you do not agree, please do not use our Service.

1. Definitions

• "DigiDive," "we," "us," or "our" refers to the DigiDive platform and its operators.
• "Dive Center" refers to businesses that subscribe to DigiDive for managing their operations.
• "Diver" or "Customer" refers to individuals who complete waivers or use services through a Dive Center using DigiDive.
• "User" refers to any individual accessing or using the Service, including Dive Centers, their staff, and Divers.

2. Description of Service

DigiDive provides a software platform for dive centers that includes:

• Digital waiver and liability release form processing
• Customer and diver management
• Scheduling and booking management
• Staff and instructor commission tracking
• Safety alerts and notifications
• TV display applications for schedule viewing
• AI-powered booking assistance (where available)

3. Account Registration

3.1 Dive Center Accounts

Dive Centers must provide accurate business information when registering. You are responsible for maintaining the security of your account credentials and for all activities under your account.

3.2 Diver Information

Divers who complete waivers through our platform consent to having their information stored and processed by DigiDive on behalf of the Dive Center. Divers must provide accurate information, especially regarding medical conditions that may affect diving safety.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Provide false, inaccurate, or misleading information
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Copy, modify, or distribute any part of the Service without authorization
• Use automated systems (bots, scrapers) to access the Service
• Transmit viruses, malware, or other harmful code
• Harass, abuse, or harm other users

5. Waiver and Liability Release

5.1 Digital Waivers

DigiDive facilitates the collection and storage of digital waivers on behalf of Dive Centers. By completing a waiver through our platform, you acknowledge that:

• You have read and understood the waiver content
• Your digital signature constitutes a legally binding agreement
• The waiver is between you and the Dive Center, not DigiDive
• You have provided accurate medical and personal information

5.2 Medical Information

Important: The medical questionnaire is designed to identify conditions that may affect diving safety. Providing false or incomplete medical information may result in serious injury or death. You are solely responsible for the accuracy of your medical disclosures.

5.3 Diving Activities

DigiDive is a software platform only. We do not provide diving instruction, certifications, or diving services. All diving activities are conducted by independent Dive Centers. DigiDive is not responsible for any incidents, injuries, or deaths that occur during diving activities.

6. Intellectual Property

The Service, including its design, features, content, and code, is owned by DigiDive and protected by intellectual property laws. You may not copy, reproduce, modify, or create derivative works without our written permission.

Dive Centers retain ownership of their customer data and business information stored on the platform.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

Dive Centers using DigiDive are responsible for ensuring they have appropriate consent from their customers and comply with applicable data protection laws in their jurisdiction.

8. Payment Terms

Pricing details will be announced as we finalize our subscription plans. Current beta users are not charged.

When payment terms are established:

• Subscription fees will be billed according to the selected plan
• Payments are non-refundable unless otherwise specified
• We reserve the right to modify pricing with reasonable notice
• Failure to pay may result in suspension or termination of service

9. Service Availability

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency repairs or updates
• Circumstances beyond our control (natural disasters, internet outages, etc.)

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Accuracy, reliability, or completeness of information
• Uninterrupted or error-free operation
• Security of data transmission

We do not warrant that the Service will meet your specific requirements or expectations.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGIDIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, business, or goodwill
• Personal injury or death occurring during diving activities
• Actions or omissions of Dive Centers or their staff
• Any amount exceeding the fees you paid to DigiDive in the 12 months preceding the claim

Some jurisdictions do not allow limitations on implied warranties or liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless DigiDive and its affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit through the Service

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Extended inactivity

Upon termination, Dive Centers may request export of their data within 30 days. After this period, we may delete your data in accordance with our retention policies.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting the updated Terms on our website and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the Philippines, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be resolved through:

1. Informal Resolution: Contact us first to attempt to resolve the dispute informally
2. Mediation: If informal resolution fails, parties agree to attempt mediation
3. Arbitration or Litigation: Disputes may be resolved through binding arbitration or in the courts of the Philippines

16. Miscellaneous

• Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between you and DigiDive.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

17. Contact Information

For questions about these Terms, please contact us:

Email: info@digidive.co