Terms of Use

Please read these Terms of Use ("Terms") carefully. They govern your use of the DiveScout website, apps and services (collectively, the "Services"), including dive site information, weather and visibility forecasts, condition ratings, maps, dive logging and community features.

By accessing or using the Services you agree to these Terms. If you do not agree, please do not use the Services. Questions: support@divescout.com.au.

Safety disclaimer: diving, snorkelling and freediving carry inherent risks including serious injury and death. DiveScout provides informational tools only and is not a substitute for training, certification, supervision or your own judgement. Conditions change and forecasts can be wrong. Always verify conditions on site and never rely solely on DiveScout.

Consumer rights: these Terms are subject to the Australian Consumer Law. Nothing in them excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded — including guarantees that services be supplied with due care and skill. Where liability can be limited but not excluded, our liability is limited to resupplying the services or paying the cost of resupply.

Dispute resolution: for users in Australia, disputes are governed by Victorian law and the courts of Victoria. For users outside Australia, section 14 sets out an arbitration process.

You must be at least 16 years old to use the Services or create an account. This is the same age rule stated in our Privacy Policy. We collect a date or year of birth at sign-up to check this, and we will close accounts we believe belong to someone under 16.

To use personal features you need an account. You must:

• Provide accurate and current information
• Keep your login credentials confidential
• Not share your account or impersonate others
• Use your account for personal, non-commercial purposes
• Update your details promptly if they change

You are responsible for activity on your account. We may suspend or close accounts for breaches of these Terms, illegal activity or fraud.

3.1 Free and paid features — the core Services are free. Some features require a free account (such as tomorrow's forecast, logging dives and saving one favourite site), and some are part of DiveScout Pro, a paid membership (such as the extended three-day outlook, unlimited favourites, saved searches and good-conditions alerts at your saved sites). The current list of Pro features and prices is shown on the DiveScout Pro page before you pay.

3.2 DiveScout Pro memberships — Pro is offered as a monthly or yearly subscription in Australian dollars. It renews automatically at the end of each billing period until you cancel. You can cancel at any time using the Manage membership option on the DiveScout Pro page; cancellation takes effect at the end of the period you have already paid for, and no further charges are made. Cancelling Pro does not delete your account or your content — you keep the free features.

3.2a One month free trial — new Pro members get their first month free. You will not be charged during the trial, and you can cancel at any time before it ends using the Manage membership option, in which case you pay nothing. If you do not cancel, your membership starts automatically at the end of the trial at the price shown when you signed up. The free trial is available once per person.

3.3 Event tickets — we may sell one-off tickets to events we organise (such as social snorkels and workshops). Ticket prices are shown before you pay. Unless the event listing says otherwise, tickets are refundable if you cancel at least 48 hours before the event starts, and are fully refunded if we cancel the event.

3.4 Payments — payments are processed by our payment provider. We never see or store your card number. Prices are in Australian dollars and include GST where applicable.

3.5 Price and feature changes — if we change Pro pricing, we will give you at least 30 days' notice before the new price applies to your renewal, and you can cancel before then. Any refund terms operate subject to your non-excludable rights under the Australian Consumer Law, including your right to a remedy where a service is not supplied with due care and skill or is not fit for its purpose.

3.6 Twelve-month price guarantee — the price you sign up at is locked in for the first 12 months of your membership, counted from the day your subscription starts (including any free trial). If we raise the price of Pro during that period, the increase does not apply to you until your first renewal after those 12 months, and we will still give you at least 30 days' notice before it takes effect. Your guaranteed price and the date it runs until are shown on the DiveScout Pro page. If you cancel and later re-subscribe, a new 12-month guarantee starts at the price current at that time.

You agree to use the Services lawfully and for personal, non-commercial purposes. You must not:

• Infringe intellectual property, privacy or other rights
• Use automated tools to scrape, extract or copy Content
• Upload illegal, harmful, defamatory or abusive material
• Post another person's health, medical or personal information
• Share your account credentials
• Attempt to gain unauthorised access to any systems or data
• Reverse engineer or decompile any part of the Services
• Use the Services commercially without our written permission
• Break any applicable law

Serious or repeated breaches may result in suspension or closure of your account.

5.1 DiveScout content — text, images, graphics, logos, maps, ratings, forecasts and software ("Content") are owned by DiveScout or its licensors. You receive a limited, non-exclusive, revocable licence to use Content for personal purposes. Third-party data we display remains subject to its own licence, credited on our Data sources page.

5.2 You own your content — you keep ownership of everything you submit: dive logs, reviews, photos, wildlife sightings, hazard reports, site submissions and community posts ("User Submissions"). You confirm you own them or have the right to submit them.

5.3 Licence to operate the Services — you grant DiveScout a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display and distribute your User Submissions for the purpose of operating and improving the Services, including showing them publicly alongside the relevant dive site. This licence is not perpetual: it ends when you delete the submission or your account, and we will stop displaying and distributing that content within 30 days. Copies may remain in encrypted backups until those backups expire, and we cannot recall content other users have already downloaded, screenshotted or shared.

5.4 Separate licence for promotional use — we will only use your User Submissions in marketing or promotional material if you give separate, specific consent for that purpose, as described in our Privacy Policy. That consent is not bundled into these Terms, is not implied by creating an account or posting content, and you can withdraw it at any time on your account page or by emailing admin@divescout.com.au.

5.5 Aggregated and de-identified insights — we may derive aggregated, de-identified statistics and forecasting models from submitted observations (for example water-visibility patterns). These outputs do not identify you and may continue to be used after you delete content, because they no longer contain your personal information or reproduce your content.

5.6 Safety records — hazard reports may be retained, and later de-identified, so other divers keep the benefit of the safety history even if you close your account.

5.7 Feedback — suggestions and feedback you send us may be used freely to improve the Services, without obligation to you.

Some parts of the Services use statistical models and algorithms to produce forecasts, condition ratings and recommendations ("Outputs"). Our water-visibility model runs on our own infrastructure and is trained on aggregated observations, weather data and satellite readings. We do not send your dive logs, photos, profile or messages to third-party AI providers, and your content is not used to train anyone else's models.

Outputs may be inaccurate, incomplete or out of date. Verify them independently before relying on them. DiveScout gives no warranty regarding Outputs beyond those that cannot be excluded by law.

The Services display data from and link to third parties, including weather, tide, satellite and marine-life data providers and mapping services. We do not control their accuracy, reliability or availability. Following an external link is at your own risk and subject to that party's terms. Our sources are listed on the Data sources page.

We may modify, suspend or discontinue parts of the Services for maintenance, compliance or other reasons. We will give notice of material changes where practicable. This does not affect your non-excludable rights under the Australian Consumer Law.

You acknowledge that:

• Diving, snorkelling and freediving carry inherent risks including decompression sickness, barotrauma, shallow water blackout, marine life injuries, drowning and death
• You are responsible for diving within your training, certification and current ability
• Marine conditions change rapidly and unpredictably
• DiveScout information may be outdated, inaccurate or incomplete
• You will verify conditions on site before entering the water
• You are responsible for your own safety and that of your buddy
• You will comply with applicable diving, fishing and marine park regulations

Subject to the Australian Consumer Law and any other rights that cannot be excluded, the Services are provided "as is", we do not warrant accuracy, completeness or uninterrupted access, and you use them at your own risk.

10.1 This section applies only to the extent permitted by law. It does not exclude, restrict or modify any consumer guarantee, right or remedy under the Australian Consumer Law, and it does not exclude liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot lawfully be excluded.

Subject to that, DiveScout and its officers, employees and partners (the "DiveScout Parties") are not liable for:

• Indirect, incidental, special, consequential or punitive damages
• Loss of profits, data or business opportunities
• Loss arising from inaccuracies in forecasts, ratings or dive site information, where we have taken reasonable care
• Acts or omissions of third parties and third-party data providers
• Unauthorised access or security incidents occurring despite reasonable security measures

10.2 Cap — where our liability can be limited but not excluded, and to the extent permitted by law, our total liability is limited to resupplying the relevant services or, at our option, the greater of the amounts you paid us in the 12 months before the claim and AUD $100.

10.3 Your responsibility — you decide whether to enter the water. Nothing in the Services is a recommendation that any particular dive is safe for you.

To the extent permitted by law, you agree to indemnify the DiveScout Parties against claims, losses and reasonable costs arising from your User Submissions, your breach of these Terms, or your breach of the law or another person's rights. This indemnity is reduced to the extent our own acts or omissions contributed to the loss.

Our Privacy Policy explains what we collect and why, and forms part of these Terms. Where Australian law requires your consent for a particular use of your information — including marketing and promotional use of your content — we ask for it separately rather than treating your acceptance of these Terms as consent.

Do not post health, medical or other sensitive information about yourself or anyone else through the Services.

13.1 By DiveScout — we may suspend or close your account for:

• Breach of these Terms
• Illegal or fraudulent activity
• Legal or regulatory requirements
• Serious technical or security issues

Except where immediate action is needed, we will tell you why and, where appropriate, give you a chance to fix the problem.

13.2 By you — you can delete your account at any time from your account settings; you do not need to contact us. If you would prefer us to do it, email support@divescout.com.au. Deletion is processed as described in the Privacy Policy.

13.3 After termination — the licence in section 5.3 ends as described there. Provisions that by their nature survive (including sections 10, 11 and 14) continue to apply.

14.1 Talk to us first — please contact support@divescout.com.au so we can try to resolve the issue informally. We will acknowledge within 5 business days and aim to respond substantively within 30 days.

14.2 Australian users — these Terms are governed by the laws of the State of Victoria, Australia. Disputes arising out of or in connection with the Services are subject to the non-exclusive jurisdiction of the courts of Victoria. You may also use any applicable consumer dispute body, including Consumer Affairs Victoria.

14.3 Users outside Australia — if a dispute is not resolved informally within 60 days, it will be finally resolved by binding individual arbitration seated in Melbourne, Victoria, Australia, conducted in English under the ACICA Arbitration Rules of the Australian Centre for International Commercial Arbitration by a single arbitrator. You waive participation in class or representative proceedings, to the extent permitted by law. This clause does not apply to users in Australia, who retain full access to Australian courts and all rights under Australian law, and it does not prevent either party seeking urgent interim relief from a court.

15.1 Changes to these Terms — we may update these Terms. Material changes will be notified by email or in-app notice before they take effect, and the "Last Updated" date will change. If you do not accept a change, you may close your account.

15.2 Entire agreement — these Terms and the Privacy Policy form the whole agreement between you and DiveScout.

15.3 Severability — if a provision is unenforceable, the rest continues to apply.

15.4 No waiver — not enforcing a right does not waive it.

15.5 Assignment — you may not transfer your rights. We may assign these Terms to a successor who agrees to be bound by them.

15.6 Force majeure — we are not liable for delays caused by events beyond our reasonable control.

15.7 Third-party beneficiaries — none, except Apple as stated in section 16.

If you obtain the DiveScout app from the Apple App Store:

• These Terms are between you and DiveScout, not Apple
• Apple is not responsible for the app or its content
• Apple has no maintenance or support obligations
• You may use the app only on Apple-branded devices in accordance with Apple's Usage Rules
• Apple is a third-party beneficiary of these Terms and may enforce them against you
• DiveScout, not Apple, is responsible for addressing claims relating to the app

DiveScout — support@divescout.com.au (general), admin@divescout.com.au (privacy) — https://divescout.app