Introduction
Welcome to DiverDash! These Terms of Service ("Terms") govern your access to and use of DiverDash's services, which include our comprehensive customer relationship management (CRM) platform, course scheduling system, calendar integration, dynamic scheduling tools, payment and payroll functionalities, and tracking features designed specifically for scuba diving businesses and their clientele (collectively, the "Service"). This Service is provided by Genius Creations LLC ("DiverDash," "we," "us," or "our").
By accessing or using our platform, tools, and services, you agree to be bound by these Terms and our Privacy Policy, which details how we handle your data. If you are using our Service on behalf of a business or other organization, you represent that you have the authority to bind such entity to these Terms, and in that context, "you" and "your" will refer to that entity.
Our Terms and Privacy Policy outline your legal rights and obligations, so please read them carefully. If you do not agree with all of these Terms and the Privacy Policy, you must discontinue using our Service immediately.
Your use of DiverDash constitutes acceptance of these Terms as of December 19th, 2023, and your continued use of the Service after any modifications to these Terms indicates your acceptance of such changes.
Acceptance of Terms
By accessing or using the DiverDash platform, related software, applications, websites, or other offerings provided by us (collectively, the "Service"), you agree to comply with and be bound by the Terms of Service detailed herein. These Terms govern your rights and responsibilities in connection with the full range of features and services offered by DiverDash, including but not limited to customer information management, course scheduling, calendar interoperability, dynamic instructing and learning frameworks, payment processing, payroll management, and progress tracking systems designed to enhance the operations of scuba diving businesses and the experience of their customers.
If you are entering into these Terms on behalf of a company, organization, or another legal entity (collectively, "Organization"), you represent and warrant that you possess the legal authority and capacity to bind such Organization to these Terms. Accordingly, references to "you" or "your" within these Terms shall refer to the Organization on whose behalf you are accessing or using the Service. If you do not possess such authority, you must not accept these Terms or use our Service on behalf of an Organization.
Furthermore, by using the Service, you acknowledge that you have read, understood, and consent to the collection and use of your personal information as set forth in our Privacy Policy. The Privacy Policy is an integral part of these Terms and is incorporated herein by reference. It provides further detail on how we collect, use, store, and protect your data and those of your customers when you use the Service.
Your agreement to these Terms also includes any additional terms, conditions, policies, and guidelines that we may post on our Service from time to time, which are all incorporated by reference into these Terms. We reserve the right to modify or replace these Terms at any time as set forth in the "Changes to Terms" section below. Your continued use of the Service after any such modifications signifies your consent to such changes.
Please note that your access to and use of the Service may also be subject to your acceptance of separate agreements with DiverDash, including but not limited to service agreements, licensing agreements, or other contractual arrangements. In the event of any conflict between the provisions of such separate agreements and these Terms, the provisions of the separate agreements shall take precedence with respect to the specific aspects of the Service covered by those separate agreements.
By accessing or using the Service, you affirm that you are at least the age of legal majority in your jurisdiction, and are fully able and competent to enter into and comply with these Terms. You may not use the Service if you are under the age of legal majority in your jurisdiction or if you are not legally qualified to enter into a binding contract.
Changes to Terms
DiverDash reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our platform. Such changes may be necessary due to the evolution of our Service, changes in the law, or the emergence of new regulatory requirements. We are committed to ensuring that our Terms remain current and continue reflecting the nature of our Service and the legal landscape.
It is your responsibility to check our platform periodically for changes. Your continued use of or access to our Service following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree with the revised Terms, you should discontinue your use of the Service.
When we make changes to these Terms, we will take one or more of the following actions to bring such changes to your attention:
If the changes are material and significantly alter your rights or obligations under these Terms, we will provide at least thirty (30) days' notice before the new terms take effect. During this notice period, you will have the opportunity to review the changes and decide whether you wish to continue using the Service under the updated Terms. If you object to the changes and do not wish to be bound by the updated Terms, your sole recourse is to stop using the Service before the updated Terms become effective.
In certain circumstances, as required by law or for administrative reasons, we may need to make changes to these Terms without advance notice. In such cases, the changes will be effective immediately upon posting. Where permitted by law, by continuing to use the Service after the immediate effectiveness of the changes, you agree to be bound by the revised Terms.
Account Registration and Responsibility
To access and use certain features of the DiverDash Service, you may be required to register for an account. When creating your account, you agree to provide accurate, current, and complete information about yourself as prompted by the Service's registration form ("Registration Data"). You further agree to maintain and promptly update your Registration Data, and any other information you provide to DiverDash, to keep it accurate, current, and complete.
Upon completing the registration process, you will create a password and account designation. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:
You may not use the account, username, or password of someone else at any time without the express permission and consent of the holder of that account, username, or password. DiverDash cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
In the event of any dispute between two or more parties as to account ownership, you agree that DiverDash shall be the sole arbiter of such dispute in its sole discretion and that DiverDash's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You must not create accounts with the Service through unauthorized means, including but not limited to by using an automated device, script, bot, spider, crawler, or scraper.
You represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction (whichever is greater) to form a binding contract. If you are not of legal age to form a binding contract, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Certain portions of the Service may be subject to heightened age and/or other eligibility requirements.
DiverDash reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Content and Conduct
As a user of the DiverDash Service, you are responsible for any information, data, text, messages, files, images, video, profiles, audio clips, sounds, and all other forms of content or communication ("Content") that you submit, post, display, or otherwise make available on the Service. You agree that you own or have obtained the necessary rights and permissions to use and authorize the use of such Content on the Service in accordance with these Terms.
You agree to conduct yourself and manage all Content associated with your account in a lawful and appropriate manner. Compliance with all applicable local, state, national, and international laws and regulations is expected, and your use of the Service must not:
DiverDash does not claim ownership of your Content, but by using the Service, you hereby grant us a non-exclusive, transferable, sub-licenseable, royalty-free, worldwide license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such Content only for the purpose of operating, providing, and improving the Service.
We reserve the right, but are not obligated, to monitor and review any Content submitted to the Service. DiverDash retains the right to remove any Content that we determine in our sole discretion violates these Terms or is otherwise harmful to the Service or our users. However, DiverDash does not assume any responsibility or liability for Content that is generated by users of the Service.
Our enforcement of these rules and guidelines is subjective, and failure to enforce them in some instances does not constitute a waiver of our right to enforce them in other instances. Additionally, these rules and guidelines do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules and guidelines.
As a user, you understand and agree that you may be exposed to Content from other users that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You agree that DiverDash is not responsible for the Content posted on the Service by others and that your use of the Service is at your own risk.
Payment and Refund Policy
As a user of DiverDash's paid services, you agree to the following terms related to payment and refunds:
Payment Terms
Refund Policy
User Data and Privacy
Your privacy is of utmost importance to us at DiverDash. We are committed to protecting the personal information you share with us and the information we collect about you and your customers when you use our Service. The collection, use, and sharing of your personal and customer data are governed by our Privacy Policy, which is incorporated into these Terms by reference.
Personal Data
Use of Data
Sharing of Data
Data Protection
Changes to Privacy Policy
It is your responsibility to read and understand our Privacy Policy, which provides more detailed information about our data practices. If you have any questions about your privacy or the security of your data, please contact us at info[at]diverdash[dot]com.
Intellectual Property Rights
Ownership of Service Content
All content provided on or through the Service, including but not limited to, the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, information, and other materials is the exclusive property of DiverDash or our licensors (collectively, "DiverDash Content"). DiverDash Content is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not transfer any intellectual property rights from DiverDash to you or any third party. Your access to and use of the Service do not grant you any licensing or rights to use any DiverDash Content, except as expressly provided in these Terms.
Use of Your Content
By posting, uploading, or otherwise sharing your Content on or through the Service, you grant DiverDash a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content throughout the world in any media. You represent and warrant that:
Infringement Claims
If you believe that your copyright or other intellectual property rights have been violated by someone else over the Service, you may notify DiverDash by providing a written notice that includes the information specified by applicable copyright law and our intellectual property policy. DiverDash will respond to notices of alleged infringement that comply with applicable law and are properly provided to us.
Third-party Content and Services
The Service may contain Content owned by third parties, including but not limited to links to third-party websites and integrations with third-party services. DiverDash does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your Content with a third-party service, you do so at your own risk, and you understand that these Terms and DiverDash's Privacy Policy do not apply to your use of such sites or services.
Termination of Use
DiverDash may, at its sole discretion, terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.
Grounds for Termination
Effect of Termination
Right to Modify or Discontinue Service
Survival
Account Deactivation
It is your responsibility to remove all Content or personal information from your account prior to termination or deactivation. DiverDash is not responsible for the loss of such Content or personal information once the account is terminated or deactivated.
Limitation of Liability
To the fullest extent permitted by applicable law, DiverDash, including its officers, directors, employees, agents, partners, suppliers, and affiliates, shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
Disclaimer
Exclusions
Dispute Resolution
Governing Law
These Terms, and any disputes arising from or relating to the interpretation thereof, or the Service, will be governed by and construed in accordance with the laws of The United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the Service or these Terms shall be filed only in the state and federal courts located in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Arbitration Agreement
At DiverDash's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of Delaware Rapid Arbitration Act.
By using the Service, you agree that any dispute or claim arising out of or in connection with the Service or these Terms, or the breach, termination or invalidity thereof, shall be submitted to and determined exclusively by arbitration, rather than in court. The arbitration shall be conducted by a single arbitrator, chosen in accordance with the rules of the Delaware Rapid Arbitration Act, and shall take place in the Sate of Delaware, or at another location mutually agreed upon by the parties.
The arbitration proceedings shall be confidential and the decision of the arbitrator shall be final and binding upon both parties. Any award rendered shall be a reasoned award and shall provide an explanation for the findings and conclusions on which the award is based.
Class Action Waiver
You agree that any arbitration or court proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Opt-Out of Agreement to Arbitrate
You can decline this agreement to arbitrate by [detail method for opt-out, e.g. "sending an email to info[at]diverdash[dot]com] within 30 days of first accepting these Terms stating that you, [Your Name], decline this arbitration agreement"].
Exception - Small Claims Court Claims
Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Indemnification
You agree to defend, indemnify, and hold harmless DiverDash, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.
This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. DiverDash retains the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and in such case, you agree to cooperate with any reasonable requests assisting DiverDash's defense of such matter.
General Provisions
Entire Agreement
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with DiverDash in connection with the Service, shall constitute the entire agreement between you and DiverDash concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and DiverDash's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without DiverDash's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. DiverDash may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notifications
DiverDash may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by DiverDash in its sole discretion. DiverDash reserves the right to determine the form and means of providing notifications to our users.
Contact Information
If you have any questions about these Terms or the Service, please contact DiverDash at info[at]diverdash[dot]com.
Severability
If any portion of these Terms is held to be unenforceable or invalid, that portion shall be enforced to the maximum extent possible, and all other provisions contained in these Terms shall continue in full force and effect.
Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Force Majeure
DiverDash shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DiverDash's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.