Terms of Service

Key Terms at a Glance

Before you read the full terms, here are the key points:

• Diver Dash is a dive center management platform. We provide the software; you run your business.
• You own your data. Client records, financial data, and business information you put into Diver Dash belong to you.
• We act as your data processor. When you store your clients' personal data on our platform, we process it on your behalf and under your instructions.
• Subscriptions renew automatically. We will notify you before renewals and make cancellation straightforward.
• You are responsible for your clients' consent. Especially for sensitive data like medical questionnaires, you must obtain proper consent from your clients before entering their data.
• We provide the platform "as is." While we work hard to keep Diver Dash reliable, we cannot guarantee uninterrupted service.
• Our liability is limited. Details are in Section 14, with important exceptions that protect your statutory rights.
• These terms are governed by the laws of the State of Delaware, USA. With important protections for consumers in the EU, UK, Australia, Brazil, and other jurisdictions.

Questions? Contact us at admin@diverdash.com.

1. Acceptance of These Terms

By creating a Diver Dash account, clicking "I Agree," or using the Diver Dash platform, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional policies referenced in these Terms.

If you are agreeing to these Terms on behalf of a company or other legal entity (such as a dive center), you represent that you have the authority to bind that entity. In that case, "you" refers to both you personally and the entity you represent.

If you do not agree to these Terms, do not create an account or use Diver Dash.

These Terms form a binding agreement between you and Genius Creations LLC ("Diver Dash," "we," "us," or "our").

2. Service Description

Diver Dash is a cloud-based, multi-tenant software-as-a-service (SaaS) platform designed for dive center management. The platform provides a comprehensive suite of tools including client management (registration, onboarding, profile management, and document storage), course and trip management (scheduling, enrollment, progress tracking, and dive trip planning), financial management (invoicing, billing, payments, expenses, accounting, and financial reporting), staff management (scheduling, payroll processing, role-based access control, and team coordination), equipment management (inventory, rental tracking, and equipment assignments), medical management (medical questionnaire processing and clearance tracking), communication (transactional email notifications), and integrations with services such as Google Calendar synchronization and Stripe payment processing.

Feature availability varies by subscription plan. We may add, modify, or discontinue features from time to time. See Section 22 for how we handle material changes.

3. Account Registration and Responsibilities

3.1 Eligibility

To create a Diver Dash account, you must be at least 16 years old (or the minimum age of digital consent in your jurisdiction, whichever is higher), have the legal capacity to enter into a binding agreement, provide accurate and complete registration information, and, if registering on behalf of a business, have authority to bind that business to these Terms.

3.2 Account Setup

When you register, you will provide your name, email address, password, company name, and subscription plan preference. The first user to register for a company is automatically assigned the Super Admin role.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, all activity that occurs under your account, notifying us immediately at admin@diverdash.com if you suspect unauthorized access to your account, and not sharing your account credentials with others.

We are not liable for any loss resulting from unauthorized use of your account, unless caused by our failure to maintain reasonable security measures.

3.4 Accuracy of Information

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. We reserve the right to suspend or terminate accounts that contain materially inaccurate information.

4. Subscription Plans, Pricing, and Payment

4.1 Subscription Tiers

Diver Dash offers three subscription tiers: Basic, Professional, and Enterprise. Each tier includes a defined set of features and usage limits. Current pricing and feature details are available at diverdash.com/pricing.

4.2 Billing

All payments are processed through Stripe, our third-party payment processor, and you agree to Stripe's terms of service in connection with your payment transactions. Diver Dash does not store your payment card information -- this is handled entirely by Stripe. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selection), and all fees are quoted in USD and are exclusive of applicable taxes unless stated otherwise.

4.3 Taxes

You are responsible for all applicable taxes (including sales tax, VAT, GST, or similar taxes) associated with your subscription, except for taxes based on Diver Dash's net income. If we are required to collect taxes, they will be added to your invoice.

4.4 Price Changes

We may change subscription pricing from time to time. We will provide at least 30 days' advance written notice of any price increase (by email and within the platform). Price changes will take effect at your next renewal period following the notice. If you do not agree with a price change, you may cancel your subscription before it takes effect.

4.5 Failed Payments

If a payment fails, we will attempt to process the charge again and notify you of the issue. If payment remains unsuccessful after reasonable retry attempts, we may suspend or downgrade your account until the balance is resolved.

5. Auto-Renewal and Cancellation

5.1 Automatic Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. At renewal, you will be charged the then-current subscription fee for your plan.

By subscribing, you provide your express consent to automatic renewal under these terms.

5.2 Renewal Notifications

We will send you a renewal reminder by email at least 30 days before annual subscription renewals. The reminder will include the renewal date, the renewal amount, and a direct link to cancel or manage your subscription.

5.3 How to Cancel

You may cancel your subscription at any time through:

• Stripe Customer Portal: Accessible from your Diver Dash account billing settings
• Email: admin@diverdash.com

Cancellation takes effect at the end of your current paid period. You will retain access to all features until then. We do not provide pro-rated refunds for unused portions of a billing period, except where required by applicable law.

5.4 Confirmation of Cancellation

After you cancel, we will send you an email confirming your cancellation, the date your subscription will end, and information about your data export options.

6. Free Trials

6.1 Trial Period

New accounts may receive a 7-day free trial with access to platform features. No payment card is required to start a trial unless indicated during signup.

6.2 Trial-to-Paid Conversion

If you provide payment details during registration, your trial will automatically convert to a paid subscription at the end of the trial period. We will send you a reminder email at least 3 days before your trial ends informing you of:

• The date your trial expires
• The subscription plan and price that will apply
• How to cancel if you do not wish to continue

If you do not provide payment details, your account will be downgraded or suspended at the end of the trial period.

7. Acceptable Use Policy

7.1 Permitted Use

You may use Diver Dash only for lawful purposes related to managing a dive center business or providing dive-related services. You agree to use the platform in accordance with these Terms and all applicable laws.

7.2 Prohibited Conduct

You agree not to:

• Disrupt the platform: Attempt to interfere with, overload, or impair the functioning of Diver Dash or its infrastructure (including denial-of-service attacks, excessive API calls, or automated scraping)
• Gain unauthorized access: Attempt to access accounts, systems, or data that you are not authorized to access, or bypass security measures
• Distribute harmful content: Upload or transmit viruses, malware, or other harmful code
• Misuse data: Use client or business data obtained through Diver Dash for purposes unrelated to your dive center operations, or sell, share, or distribute such data to unauthorized third parties
• Harass or abuse: Use the platform to harass, threaten, defame, or abuse any individual
• Violate laws: Use the platform in any way that violates applicable local, national, or international laws or regulations
• Infringe intellectual property: Use the platform to infringe on the intellectual property rights of others
• Misrepresent identity: Impersonate another person or entity, or falsely represent your affiliation
• Share credentials: Share your account login credentials with unauthorized individuals
• Compete unfairly: Use the platform, its design, or its data to build a competing product or service
• Provide inaccurate dive information: Knowingly enter false information about diver qualifications, certifications, or medical fitness that could compromise diver safety

7.3 Your Responsibility for Client Data

As a dive center using Diver Dash, you are responsible for:

• Obtaining all necessary consents from your clients before entering their personal data into the platform, including explicit consent for health and medical data
• Ensuring your use of client data complies with applicable data protection laws in your jurisdiction
• Responding to data subject requests from your clients (with our assistance as needed)
• Ensuring that any data about minors is processed with appropriate parental or guardian consent

7.4 Enforcement

If we determine that you have violated this Acceptable Use Policy, we may, at our discretion and without prior notice where the violation is severe:

1. Issue a warning
2. Temporarily suspend your access
3. Permanently terminate your account

We will make reasonable efforts to notify you and provide an opportunity to address the issue before suspension or termination, except where immediate action is necessary to protect the platform, other users, or comply with legal obligations.

8. Data Ownership and Processing

8.1 Your Data Belongs to You

All data that you or your staff enter into Diver Dash -- including client records, financial data, course records, staff information, and business data -- belongs to you ("Customer Data"). Diver Dash does not claim any ownership rights over your Customer Data.

8.2 Diver Dash as Data Processor

When you store your clients' personal data on our platform, Diver Dash acts as a data processor and you act as the data controller. This means:

• We process client personal data only according to your instructions and for the purpose of providing the Diver Dash service
• We do not access, use, sell, or share your client data for our own purposes
• We implement appropriate technical and organizational security measures to protect your client data
• We assist you in responding to data subject access requests from your clients
• We notify you promptly of any data breach affecting your client data

8.3 Data Processing Agreement

For business customers who require a formal Data Processing Agreement (DPA) under the GDPR or other applicable data protection laws, we provide a standard DPA upon request. Contact admin@diverdash.com to request a copy.

8.4 Aggregated and Anonymized Data

We may create aggregated and anonymized data derived from your use of the platform (for example, aggregate statistics about platform usage patterns). This data cannot identify you or your clients. We may use this data for product improvement, benchmarking, and analytical purposes.

8.5 Data Processing for the Service

You grant Diver Dash a limited, non-exclusive, worldwide license to host, store, process, display, and transmit your Customer Data solely for the purpose of providing and improving the Diver Dash service. This license terminates when your Customer Data is deleted from our systems.

9. Intellectual Property

9.1 Diver Dash IP

Diver Dash and its licensors retain all rights, title, and interest in the Diver Dash platform, including all software, source code, designs, logos, trademarks, documentation, and proprietary technology. These Terms do not transfer any ownership rights to you.

9.2 License to Use the Platform

Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable license to access and use the Diver Dash platform during your subscription term for your internal business purposes.

This license does not include the right to:

• Modify, adapt, or create derivative works of the platform
• Reverse engineer, decompile, or disassemble any part of the platform
• Sublicense, resell, or distribute access to the platform
• Remove or alter any proprietary notices or branding

9.3 Feedback

If you provide us with suggestions, feedback, or ideas about the platform ("Feedback"), you grant us an unrestricted, perpetual, royalty-free license to use that Feedback for any purpose, including improving the platform. This does not affect your ownership of your Customer Data.

10. User-Generated Content

10.1 Content You Create

"User Content" includes any data, text, files, documents, images, or other materials that you or your staff upload, enter, or create within the Diver Dash platform. User Content is a subset of your Customer Data and is subject to the same ownership terms (Section 8.1).

10.2 Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights to upload and use all User Content
• Your User Content does not infringe the intellectual property or privacy rights of any third party
• Your User Content does not violate any applicable laws
• Any documents you upload (such as client waivers, certifications, or insurance documents) have been obtained with appropriate consent

10.3 No Obligation to Monitor

We do not actively monitor User Content but reserve the right to review content if we receive reports of violations or if required by law. We may remove or restrict access to content that violates these Terms or applicable law.

11. Third-Party Services and Integrations

11.1 Integrated Services

Diver Dash integrates with several third-party services, including Stripe for payment processing, a transactional email provider for email delivery, Google Calendar for optional calendar synchronization, Google reCAPTCHA for bot protection during registration, Google Fonts for interface typography, and a cloud infrastructure provider for hosting, database, and file storage.

11.2 Third-Party Terms

Your use of third-party integrations is subject to those providers' own terms of service and privacy policies. Diver Dash is not responsible for the practices, availability, or performance of third-party services.

11.3 Google Calendar Integration

If you choose to connect your Google Calendar, you authorize Diver Dash to access and modify calendar events on your behalf using Google OAuth 2.0. You may revoke this access at any time through your Google account settings or your Diver Dash account settings. We store Google OAuth tokens securely in our database and delete them when you disconnect the integration.

11.4 Payment Processing

All payment transactions are processed by Stripe. By using Diver Dash's paid features, you agree to Stripe's applicable terms of service. Diver Dash does not store, process, or have access to your full payment card numbers.

12. Service Availability and Support

12.1 Availability

We strive to maintain high availability for the Diver Dash platform. However, we do not guarantee uninterrupted or error-free service. The platform may be temporarily unavailable due to:

• Scheduled maintenance (we will provide at least 48 hours' advance notice where possible)
• Emergency maintenance or security patches
• Third-party service outages (such as cloud infrastructure or payment processing)
• Circumstances beyond our reasonable control (see Section 20 -- Force Majeure)

12.2 Support

We provide customer support through admin@diverdash.com. Our standard support hours and response times vary by subscription tier:

12.3 Service Level (Enterprise)

Enterprise customers may be eligible for a Service Level Agreement (SLA) with defined uptime commitments and service credits. Contact admin@diverdash.com for details.

13. Warranties and Disclaimers

13.1 Our Warranty

We warrant that the Diver Dash platform will perform materially in accordance with its published documentation during your subscription term, that we will provide the service with reasonable care and skill, and that we have the right to grant you access to the platform under these Terms.

13.2 Disclaimer

To the maximum extent permitted by applicable law, and except for the express warranties in Section 13.1:

THE DIVER DASH PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The platform will meet all of your requirements
• The platform will be uninterrupted, timely, secure, or error-free
• Results obtained from using the platform will be accurate or reliable
• Any defects will be corrected within a specific timeframe

13.3 Dive Safety Disclaimer

Diver Dash is a business management tool, not a dive safety system. The platform may facilitate medical questionnaire processing, certification tracking, and dive planning, but it does not replace professional judgment, proper dive training, or adherence to recognized diving standards. You are solely responsible for the safety of your dive operations and the accuracy of information entered into the platform.

13.4 Consumer Protections Preserved

Nothing in this section excludes or limits warranties or consumer guarantees that cannot be excluded under applicable law. In particular:

• Australia: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to modify or exclude these statutory guarantees.
• EU/EEA and UK: Statutory consumer rights under applicable consumer protection legislation are not affected by this disclaimer.
• New Zealand: Nothing in these Terms is intended to override the Consumer Guarantees Act 1993.

14. Limitation of Liability

14.1 Liability Cap

To the maximum extent permitted by applicable law, the total aggregate liability of Diver Dash for all claims arising out of or related to these Terms or the use of the platform is limited to the greater of:

• The total fees you paid to Diver Dash in the 12 months immediately preceding the event giving rise to the claim, or
• $100 USD

14.2 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, Diver Dash is not liable for:

• Loss of profits, revenue, or business opportunity
• Loss of data (except to the extent caused by our breach of our data security obligations)
• Loss of goodwill or reputation
• Indirect, incidental, special, consequential, or punitive damages
• Cost of procuring substitute services

These exclusions apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

14.3 What We Do NOT Limit

Nothing in these Terms excludes or limits our liability for:

• (a) Death or personal injury caused by our negligence
• (b) Fraud or fraudulent misrepresentation
• (c) Any liability that cannot be excluded or limited under applicable law, including:
  • Australia: Non-excludable consumer guarantees under the Australian Consumer Law
  • EU/EEA: Mandatory consumer protections under EU directives
  • UK: Obligations under the Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977
  • Germany: Liability for intentional or grossly negligent conduct
  • New Zealand: Rights under the Consumer Guarantees Act 1993
  • Brazil: Consumer protections under the Consumer Defense Code
• (d) Breach of our data security obligations resulting in a data breach, up to a maximum of 24 months of fees paid

14.4 Application to Dive Operations

We expressly exclude liability for any injuries, accidents, or losses arising from diving activities, even where the platform was used to manage aspects of those activities. Dive centers are solely responsible for the safety of their operations.

15. Indemnification

15.1 Your Indemnification of Us

You agree to defend, indemnify, and hold harmless Diver Dash, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms or the Acceptable Use Policy
• Your violation of any applicable law or regulation
• Any claim that your User Content infringes the rights of a third party
• Your failure to obtain required consents from your clients for the processing of their personal data
• Claims arising from your dive center operations (including safety-related claims)

15.2 Our Indemnification of You

Diver Dash will defend, indemnify, and hold you harmless from claims alleging that the Diver Dash platform infringes a third party's intellectual property rights, provided that:

• You promptly notify us of the claim
• You give us sole control of the defense and settlement
• You provide reasonable cooperation at our expense

If the platform becomes subject to an infringement claim, we may (at our option): (a) obtain the right for you to continue using the platform, (b) modify the platform to be non-infringing, or (c) terminate your subscription and provide a pro-rated refund of prepaid fees.

15.3 Limitation

Indemnification obligations are subject to the liability cap in Section 14, except where excluding or limiting such obligations is prohibited by applicable law.

16. Account Termination and Suspension

16.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription (see Section 5.3)
• Contacting admin@diverdash.com to request account closure

16.2 Termination by Us

We may terminate or suspend your account:

• For cause: If you breach these Terms and fail to cure the breach within 30 days of written notice (or immediately for serious breaches such as illegal activity, security threats, or non-payment exceeding 30 days)
• For convenience: With at least 90 days' advance written notice

16.3 Effects of Termination

Upon termination:

• Your access to the platform will end at the close of your current paid period (if you terminated) or upon the effective termination date (if we terminated)
• You will have a 30-day data export window to export your Customer Data (see Section 17)
• We will delete your Customer Data within 60 days after the export window closes, except where retention is required by law
• Sections that by their nature should survive termination will continue to apply, including: Data Ownership (8), Intellectual Property (9), Limitation of Liability (14), Indemnification (15), Dispute Resolution (18), and Governing Law (19)

16.4 Refunds Upon Termination

• If you cancel: No refund for the remaining portion of your current billing period, except where required by applicable law
• If we terminate for convenience: We will provide a pro-rated refund of prepaid fees for the unused portion of your subscription
• If we terminate for cause: No refund is provided

17. Data Portability and Post-Termination

17.1 Data Export

You may export your Customer Data at any time during your subscription. Contact admin@diverdash.com to request a data export. We support data export in standard machine-readable formats (CSV and JSON).

17.2 Post-Termination Export Window

After your account is terminated or your subscription ends, you will have 30 days to export your Customer Data. During this period, you will have read-only access to your data for export purposes.

17.3 Data Deletion

After the 30-day export window closes, we will permanently and securely delete your Customer Data within 60 days, including from backups, and we will provide a deletion confirmation upon request. Certain data may be retained longer where required by law (for example, financial transaction records may be retained for up to 7 years for tax compliance purposes), and we will inform you of any legally required retention.

17.4 EU Data Act Compliance

In accordance with the EU Data Act (effective September 12, 2025), you may terminate your subscription with 2 months' notice and export your data within 30 days. We will not charge switching fees for data portability.

18. Dispute Resolution

We believe most disputes can be resolved through open communication. If a dispute arises, we encourage the following process:

18.1 Step 1: Informal Resolution

Contact us at admin@diverdash.com describing your concern. We will work with you in good faith to resolve the issue. We aim to respond within 14 days.

18.2 Step 2: Formal Complaint

If informal resolution is unsuccessful, submit a formal complaint to admin@diverdash.com. A senior team member will review your complaint and respond within 30 days.

18.3 Step 3: Mediation

If the formal complaint process does not resolve the dispute, either party may refer the matter to mediation through a mutually agreed mediation service. Each party bears its own costs of mediation; shared mediation costs are split equally.

18.4 Step 4: Arbitration or Litigation

If mediation does not resolve the dispute within 60 days:

• For business customers (B2B): The dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its then-current rules. The seat of arbitration will be Wilmington, Delaware, USA. The language of arbitration will be English.
• For individual consumers: You may choose to bring the dispute in a court of competent jurisdiction. We do not require consumers to waive their right to a class action or jury trial where such waivers are prohibited by applicable law.

18.5 Small Claims Court

Either party may bring a claim in small claims court (or equivalent) in the jurisdiction where you reside, provided the claim falls within that court's jurisdictional limits.

18.6 EU Online Dispute Resolution

If you are a consumer in the EU, you may use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Our email address for ODR purposes is admin@diverdash.com.

19. Governing Law and Jurisdiction

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to conflict-of-law principles.

19.2 Jurisdiction

Subject to the exceptions below, any disputes not resolved through the process in Section 18 will be subject to the exclusive jurisdiction of the courts of the State of Delaware, USA.

19.3 Consumer Protections

The following rights are preserved and cannot be overridden by these Terms:

• EU/EEA consumers: Nothing in these Terms deprives you of the protections afforded by the mandatory provisions of the law of your country of habitual residence. You may bring proceedings in the courts of your habitual residence (Brussels Regulation).
• UK consumers: You retain rights under the Consumer Rights Act 2015 and may bring proceedings in the courts of England and Wales, Scotland, or Northern Ireland, as applicable.
• Australian consumers: Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law that cannot be excluded. The courts of Australia have non-exclusive jurisdiction.
• Brazilian consumers: You may bring proceedings in the courts of your domicile (Consumer Defense Code, Article 101).
• New Zealand consumers: Rights under the Consumer Guarantees Act 1993 are not affected.

20. Force Majeure

20.1 Definition

Neither party is liable for any failure or delay in performing its obligations under these Terms if the failure or delay results from circumstances beyond the party's reasonable control ("Force Majeure Event"). Force Majeure Events include, but are not limited to, natural disasters (such as earthquakes, floods, hurricanes, and tsunamis), pandemics or epidemics, war, armed conflict, terrorism, or civil unrest, government actions, sanctions, embargoes, or regulatory changes, widespread power or internet outages, cyberattacks or infrastructure failures affecting third-party services, and extreme weather events affecting dive operations or facilities.

20.2 Obligations During a Force Majeure Event

The affected party must:

• Notify the other party as soon as reasonably possible
• Use reasonable efforts to mitigate the impact and resume performance
• Resume its obligations as soon as the Force Majeure Event ends

20.3 Extended Force Majeure

If a Force Majeure Event prevents performance for more than 90 consecutive days, either party may terminate the affected subscription upon written notice. In such case, we will provide a pro-rated refund of prepaid fees for the period of non-performance.

21. Age Requirements

21.1 Business User Accounts

You must be at least 16 years old (or the minimum age of digital consent in your jurisdiction, whichever is higher) to create a Diver Dash account.

21.2 Dive Center Client Data

Dive centers may enter data about individuals under 16 (for example, junior divers). In such cases, the dive center is responsible for:

• Obtaining verifiable parental or guardian consent before entering the minor's data
• Complying with applicable laws regarding children's data (including COPPA for US children under 13)
• Marking records appropriately and ensuring age-appropriate treatment of such data

21.3 Compliance with COPPA

Diver Dash does not knowingly collect personal information directly from children under 13 in the United States. If you are a dive center operating in the US that serves junior divers under 13, you are responsible for obtaining verifiable parental consent as required by COPPA before entering their information into the platform.

22. Modifications to These Terms

22.1 Our Right to Modify

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices.

22.2 How We Notify You

• Material changes: We will provide at least 30 days' advance notice by email to the account owner and through a prominent notice within the platform. The notice will describe the changes and their effective date.
• Minor changes (typographical corrections, formatting, or clarifications that do not affect your rights): We will update the "Last Updated" date and may not provide individual notice.

22.3 Acceptance of Changes

Your continued use of Diver Dash after the effective date of a material change constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the platform and cancel your subscription before the effective date. Where applicable law requires explicit re-consent to material changes, we will obtain it.

22.4 Version History

We maintain a version history of these Terms. Previous versions are available upon request at admin@diverdash.com.

23. General Provisions

23.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Diver Dash regarding the use of the platform. They supersede all prior agreements, understandings, and communications, whether oral or written.

23.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

23.3 No Waiver

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

23.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms.

23.5 No Third-Party Beneficiaries

These Terms do not create any rights for any third party. Only you and Diver Dash may enforce these Terms.

23.6 Notices

Notices to you will be sent to the email address associated with your account, and you are responsible for keeping your email address current. Notices to us should be sent to admin@diverdash.com or by mail to 3 Germay Dr, Unit 4 #1324, Wilmington, DE 19804, United States.

Notices are deemed received when sent by email (on the date sent) or by mail (5 business days after deposit with a reputable courier service).

23.7 Relationship of the Parties

Diver Dash and you are independent parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between us.

23.8 Export Compliance

You agree to comply with all applicable export control and trade sanctions laws and regulations. You may not use Diver Dash in any country or territory that is subject to comprehensive US sanctions, or by any person or entity on a restricted parties list.

23.9 Language

These Terms are written in English. If these Terms are translated into another language, the English version prevails in case of conflict.

24. How to Contact Us

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

General inquiries:
Email: admin@diverdash.com

Legal and compliance:
Email: admin@diverdash.com

Billing:
Email: admin@diverdash.com

Security:
Email: admin@diverdash.com

Mailing address:
Genius Creations LLC
3 Germay Dr, Unit 4 #1324, Wilmington, DE 19804, United States

These Terms of Service are provided for informational purposes and are based on applicable laws as of the date shown above. We recommend consulting with qualified legal counsel for specific compliance advice. These Terms do not constitute legal advice.