Terms of Service
Effective date: 2026-06-04 · Version 1.1
In these Terms, "DivePass" means the DivePass application and website, the DivePass service, and the persons operating it. "You" means the individual who accepts these Terms.
1. Acceptance and age
By creating an account or using DivePass, you agree to these Terms of Service ("Terms"), our Privacy Policy, and the Safety Acknowledgment. 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, that your UGC is accurate and not defamatory, and you will defend and indemnify DivePass from any claim that your UGC infringes on or violates someone else's rights.
6. Copyright, defamation, and takedown
DivePass respects intellectual property and reputation rights. If you believe content on the service infringes your copyright or is defamatory or otherwise unlawful, send a notice to hello@divepass.app identifying the content, its location, your contact information, and the basis of your claim. We will review and may remove content at our discretion. We comply with applicable notice-and-takedown procedures, including the U.S. Digital Millennium Copyright Act, and may remove content and terminate repeat infringers. The designated agent for copyright notices may be reached at the address above.
7. Third-party operators
DivePass lists and refers users to independent dive shops and freelance professionals ("Operators"). Operators are independent businesses, not employees, agents, partners, or joint venturers of DivePass. Bookings, payments, refunds, cancellations, complaints, supervision of dives, and the dives themselves are matters solely between you and the Operator.
DivePass does not supervise, control, employ, insure, train, or guarantee any Operator, and does not verify Operators' certifications, permits, or insurance independently of their own representations to us. Your decision to engage any Operator, and your conduct during any dive, are yours alone. Any claim arising from an Operator's acts or omissions, or from a dive, is between you and that Operator.
8. Scuba diving — assumption of risk and limited release
Scuba diving carries inherent risks of serious injury and death, including decompression sickness, drowning, equipment failure, marine-life encounters, and conditions beyond anyone's control. By using DivePass to log, plan, or book dives, or to contact Operators, you acknowledge that you are solely responsible for your dive decisions, your fitness to dive, your certification level, and your equipment.
You knowingly and voluntarily assume all inherent risks of scuba diving. To the maximum extent permitted by applicable law, you agree not to hold DivePass liable for injury, death, loss, or damage arising from the inherent risks of diving or from the acts or omissions of any Operator or third party. Nothing in this section waives, limits, or releases any liability that cannot lawfully be waived, limited, or released — including liability for death or personal injury caused by gross negligence, willful misconduct, or fraud. The full Safety Acknowledgment is incorporated into these Terms.
9. No warranty
DivePass is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement, and we do not warrant that the service will be uninterrupted, secure, or error-free. We do not warrant any Operator's services, qualifications, or safety practices.
10. Limitation of liability
To the maximum extent permitted by applicable law, DivePass is not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the service.
Subject to the carve-out below, DivePass's total aggregate liability to you for all claims is limited to the greater of (a) the total amounts you have paid DivePass in the twelve months preceding the claim, or (b) USD $100.
This section does not exclude or limit any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by gross negligence (culpa grave), willful misconduct (dolo), or fraud. If any limitation in this section is held unenforceable as to a particular claim, it remains in effect for all other claims, and the unenforceable limitation will be reduced to the minimum extent necessary to be enforceable rather than struck entirely.
11. Indemnification
You agree to defend, indemnify, and hold DivePass harmless from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees and defense costs) arising from your conduct, your UGC, your violation of these Terms or of any law, or your interactions with Operators or other users. This obligation survives termination of your account.
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 competent courts of Cozumel, Quintana Roo, Mexico.
14. Force majeure
DivePass is not liable for any failure or delay in providing the service caused by events beyond its reasonable control, including acts of nature, hurricanes, storms, red tide, marine-park or government closures or dive bans, war, civil unrest, labor disputes, utility or hosting failures, or third-party service outages.
15. 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.
16. Severability, survival, and entire agreement
If any provision is found unenforceable, it will be reduced to the minimum extent necessary and the remainder remains in effect. Sections 5–11, 13, and 14 survive termination of your account or these Terms. These Terms, together with the Privacy Policy and Safety Acknowledgment, are the entire agreement between you and DivePass regarding your use of the service, and no third party is a beneficiary of these Terms except as expressly stated.
17. Contact
Questions about these Terms: hello@divepass.app.