Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Scubaful LLC.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable laws and regulations

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Description of Service

Scubaful is a social networking platform designed for scuba divers to connect, organize dive trips, share experiences, and build a diving community. The Service provides tools for:

• Creating and managing user profiles
• Connecting with other divers
• Organizing and managing dive trips, courses, and events
• Sharing photos, videos, and dive experiences
• Messaging and communication
• Tracking dive certifications and dive logs

4. Account Registration and Security

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

You may not transfer your account to another person or use another person's account without permission. We reserve the right to suspend or terminate accounts that violate these Terms.

5. User Content and License

Your Content

You retain all ownership rights to content you submit, upload, or share on the Service ("User Content"), including photos, videos, messages, comments, and other materials. However, by submitting User Content, you grant Scubaful a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, distribute, display, and perform your User Content in connection with operating and providing the Service.

Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to share your User Content
• Your User Content does not violate any third-party rights
• Your User Content complies with these Terms and our Community Guidelines

Content Moderation

We reserve the right, but have no obligation, to monitor, review, or remove User Content that violates these Terms or is otherwise objectionable. We may suspend or terminate accounts that repeatedly violate these Terms.

6. Prohibited Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe the intellectual property rights of others
• Harass, bully, threaten, or intimidate other users
• Post false, misleading, or fraudulent content
• Spam, phish, or engage in other deceptive practices
• Upload viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use automated systems (bots, scrapers) without permission
• Impersonate another person or organization
• Interfere with or disrupt the Service

For detailed guidelines on acceptable behavior, please review our Community Guidelines. Violations may result in account suspension or termination.

7. Payment Tracking

You acknowledge and agree that:

• Scubaful is only a tracking tool, not a payment service
• You are responsible for all payment arrangements with other users
• Scubaful has no liability for payment disputes, fraud, or non-payment
• You should use secure payment methods and verify all transactions

8. ASSUMPTION OF RISK AND LIABILITY DISCLAIMER

SCUBAFUL IS NOT RESPONSIBLE FOR:

• The safety, conduct, or actions of trip organizers or participants
• The quality, safety, or suitability of any dive sites, equipment, or services
• Injuries, accidents, property damage, or death occurring during diving activities
• The accuracy of dive site information, weather forecasts, or user-provided content
• Verification of certifications, experience levels, or diving qualifications
• Compliance with diving safety standards, regulations, or best practices

YOU ASSUME ALL RISKS ASSOCIATED WITH DIVING ACTIVITIES. You are solely responsible for:

• Ensuring you have proper training and certification for planned dives
• Verifying the qualifications and safety practices of trip organizers
• Assessing your own physical fitness and medical suitability for diving
• Inspecting and maintaining your diving equipment
• Following safe diving practices and your training
• Obtaining appropriate insurance for diving activities

Scubaful provides a platform for communication and organization only. We do not supervise, endorse, or verify any diving activities, operators, or participants. USE THE SERVICE AT YOUR OWN RISK.

9. Intellectual Property

Scubaful's Rights

The Service, including its design, features, graphics, software, and content (excluding User Content), is owned by Scubaful LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express permission.

Trademarks

"Scubaful" and related logos are trademarks of Scubaful LLC. You may not use our trademarks without prior written consent.

Copyright Complaints (DMCA)

If you believe your copyrighted work has been infringed, please contact us at legal@scubaful.com with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

10. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources. We do not endorse or assume responsibility for any third-party sites, products, or services. Your use of third-party services is at your own risk and subject to their terms and policies.

We use third-party service providers (authentication, maps, storage, analytics) as described in our Privacy Policy. We are not responsible for the actions or policies of these third parties.

11. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Mandatory Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the breach, termination, enforcement, interpretation, or validity thereof) shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

CLASS ACTION WAIVER

YOU AND SCUBAFUL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Arbitration Location and Fees

Arbitration shall take place in New York County, New York. You agree to pay the AAA's standard consumer filing fee. Scubaful will pay the remaining arbitration fees in accordance with AAA Consumer Arbitration Rules. Each party shall bear its own attorney fees and costs.

Time Limitation for Claims

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL SCUBAFUL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SCUBAFUL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Scubaful LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content
• Your participation in any diving activities organized through the Service

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Scubaful does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• User-provided information (dive sites, weather, certifications) is accurate or reliable

15. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, for any reason, including if we believe you have violated these Terms or engaged in conduct harmful to the Service or other users.

You may terminate your account at any time through the account settings. Upon termination:

• Your profile information will be anonymized
• Your User Content may remain accessible to other users as described in the Privacy Policy
• Sections of these Terms that by their nature should survive (indemnification, disclaimers, limitations of liability, dispute resolution) will continue to apply

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Scubaful regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms, please contact us: