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Terms of Use

Effective Date: 2026-04-20

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER IN SECTION 16, A RELEASE OF CLAIMS IN SECTION 6, AN ASSUMPTION OF RISK IN SECTION 5, AND A LIMITATION OF LIABILITY IN SECTION 8. BY USING DIVESIGHT, YOU AGREE TO THESE TERMS.

By using DiveSight, you agree to these Terms of Use ("Terms"). These Terms govern your access to and use of the DiveSight mobile application, website, and related services (together, the "Service"), operated by DiveSight, LLC ("DiveSight," "we," "us," or "our").

1. Eligibility, Account, and Medical Fitness

You must be at least 13 years old (16 in the EEA/UK where applicable) to use DiveSight. If you are under the age of majority in your jurisdiction, your parent or legal guardian must read and accept these Terms on your behalf and supervise your use of the Service.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You represent and warrant that:

  • (a) You hold the diving certifications appropriate to any dive you undertake using information from the Service;
  • (b) You are medically fit to dive and have consulted a physician trained in dive medicine if you have any condition (cardiac, pulmonary, neurological, ENT, pregnancy, recent surgery, or other) that may be affected by diving;
  • (c) You will not use the Service to plan or undertake any dive beyond your certification, training, current fitness, or experience;
  • (d) You are not located in, and are not a national or resident of, any country subject to U.S. embargo, and you are not on any U.S. government list of prohibited or restricted parties (including the OFAC SDN list); and
  • (e) The information you provide to DiveSight is accurate and complete.

2. License Granted to You

Subject to these Terms, DiveSight grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for personal, non-commercial purposes on devices you own or control.

You may not:

  • Reverse engineer, decompile, or disassemble the Service, except to the extent such restriction is prohibited by applicable law (including, for users in the EU, the rights of lawful interoperability under Articles 5–6 of Directive 2009/24/EC);
  • Resell, rent, lease, sublicense, or otherwise commercially exploit the Service;
  • Use the Service to build, train, or improve a competing product or machine-learning model, except where such use is protected by mandatory law;
  • Scrape, harvest, or bulk-export DiveSight content (including dive-site data, forecasts, and species descriptions);
  • Circumvent any access control, rate limit, or technical protection measure;
  • Use the Service for any unlawful purpose, or in violation of any local, state, national, or international law (including marine protected area, customs, and immigration regulations).

3. Subscriptions (DiveSight Pro)

DiveSight Pro is offered as an auto-renewing subscription managed by Apple through the App Store. Payment is charged to your Apple ID. Subscriptions renew automatically at the end of each period unless cancelled at least 24 hours before renewal. Manage or cancel your subscription anytime in Settings → [Your Name] → Subscriptions on iOS.

Apple handles all billing. DiveSight does not receive your payment card or banking information.

4. User Content

You retain ownership of content you create in DiveSight (dive logs, notes, custom sites, photos) ("User Content"). By submitting User Content to features that are shared with other users, you grant DiveSight a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, display, distribute, and create derivative works of that content for the purposes of operating, improving, and promoting the Service.

You represent and warrant that:

  • (a) You own or have all rights necessary to grant the license above;
  • (b) Your User Content does not infringe any third-party intellectual property, privacy, or publicity right;
  • (c) Custom dive sites, depths, hazards, and other safety-relevant information you post are accurate to the best of your knowledge; and
  • (d) Your User Content is not unlawful, defamatory, harassing, obscene, or misleading.

DiveSight has no obligation to monitor or verify User Content and may remove or refuse any User Content at its sole discretion. You acknowledge that DiveSight does not verify User Content and that you will not rely on User Content for safety-critical decisions.

Feedback. Any feedback, suggestions, or ideas you provide about the Service are non-confidential, and you grant DiveSight a perpetual, irrevocable, royalty-free license to use them without restriction or attribution.

5. Assumption of Risk

YOU ACKNOWLEDGE THAT SCUBA DIVING, FREEDIVING, SNORKELING, AND RELATED OPEN-WATER ACTIVITIES ARE INHERENTLY DANGEROUS AND CARRY THE RISK OF SERIOUS INJURY, PERMANENT DISABILITY, AND DEATH. These risks include, without limitation, decompression sickness, arterial gas embolism, pulmonary barotrauma, nitrogen narcosis, oxygen toxicity, drowning, hypothermia, marine-animal injury, boat and propeller injury, equipment failure, entanglement, currents and surge, disorientation, and aggravation of pre-existing medical conditions.

YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN. DiveSight is a planning tool, not a safety system. Forecasts are probabilistic estimates generated by machine-learning models from public scientific data sources and are not guarantees. Actual conditions can and do differ from forecasts, sometimes substantially.

YOU — NOT DIVESIGHT — ARE SOLELY RESPONSIBLE FOR EVERY DECISION YOU MAKE BEFORE, DURING, AND AFTER ANY DIVE, including whether to dive at all, where to dive, with whom, and under what conditions. You agree to dive within the limits of your certification and experience, to consult certified local operators and official marine and weather warnings, and to assess conditions yourself at the site before entering the water.

The full Safety Disclaimer at https://divesight.ai/safety is incorporated into these Terms by reference and forms part of these Terms. You must read and accept it before using DiveSight's forecast features.

6. Release and Covenant Not to Sue

To the maximum extent permitted by law, you release and discharge DiveSight, its parents, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors (the "Released Parties") from any and all claims, demands, causes of action, damages, losses, liabilities, and expenses (including attorneys' fees) of every kind, whether known or unknown, arising out of or relating to:

  • (a) Any dive, snorkel, freedive, or other activity you or any third party undertakes;
  • (b) Any decision you or any third party makes in reliance on the Service;
  • (c) Any User Content created or relied upon by you or any third party;
  • (d) Any error, omission, inaccuracy, or unavailability of forecasts, site data, or third-party data; or
  • (e) Any injury, death, or property damage occurring at any dive site.

This release applies to claims based on ordinary negligence. It does not apply to gross negligence, willful misconduct, fraud, or any other liability that cannot be released under applicable law.

California Civil Code §1542 Waiver. California residents expressly waive the protections of California Civil Code §1542, which provides:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

You also waive any analogous provision of any other jurisdiction.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DIVESIGHT MAKES NO WARRANTY THAT:

  • Forecasts (including fish abundance, visibility, temperature, currents, tides, waves, or weather) will be accurate, complete, timely, or error-free;
  • Dive-site coordinates, depths, charted hazards, marine protected area boundaries, entry/exit descriptions, or species presence at any site are accurate, complete, or current;
  • The Service will be uninterrupted, secure, or free of viruses or harmful components;
  • Any errors will be corrected.

Beta Features. Features designated as "Beta," "Preview," "Experimental," or similar are provided for evaluation purposes only, with no service-level commitment, and may be modified or discontinued at any time.

No Reliance. You agree not to rely on the Service as a sole source of information for any safety-critical decision.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIVESIGHT OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DIVESIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This includes, without limitation, any injury, death, loss, or damage arising from any dive or activity undertaken based on information from the Service.

Aggregate Cap. IN NO EVENT SHALL DIVESIGHT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE AMOUNTS YOU PAID DIVESIGHT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

THE PARTIES AGREE THAT THIS LIMITATION IS A FUNDAMENTAL BASIS OF THE BARGAIN, THAT DIVESIGHT WOULD NOT HAVE ENTERED THESE TERMS WITHOUT IT, AND THAT IT APPLIES EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Shortened Limitations Period. Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim accrues, or be permanently barred, except where a longer period is required by non-waivable law.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations above apply to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of or related to:

  • (a) Your use or misuse of the Service;
  • (b) Your User Content;
  • (c) Your violation of these Terms or any applicable law (including dive-site permits, marine protected area regulations, customs, and export controls);
  • (d) Any dive or activity you undertake, or recommend, plan, or organize for others; or
  • (e) Your violation of any third-party right, including intellectual property, privacy, or publicity rights.

DiveSight reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

10. Third-Party Data and Attributions

DiveSight integrates data from many third-party scientific and open-source providers, each subject to its own license terms. A full attribution list is available in the app and at https://divesight.ai/attributions.

Apple WeatherKit data is shown in the app with the required attribution link; see https://developer.apple.com/weatherkit/data-source-attribution/ for Apple's current data sources.

DiveSight does not control and does not warrant the accuracy, completeness, or timeliness of any third-party data, including Copernicus Marine, HYCOM, NASA, Apple WeatherKit, OpenStreetMap, or any other provider. DiveSight disclaims all liability arising from third-party data errors, outages, revisions, or changes in licensing terms.

11. No Monitoring; Not an Emergency Service

The Service does not monitor your location, dive status, vital signs, or safety, and DiveSight will not respond to emergencies. DiveSight is not a substitute for a dive supervisor, dive computer, or surface-support team.

In a dive emergency:

  • Signal for help and surface safely if possible;
  • Call local emergency services (911 in the U.S., 112 in most of Europe, local equivalent elsewhere);
  • Call Divers Alert Network (DAN) 24/7 Emergency Hotline: +1-919-684-9111;
  • Alert your dive boat captain and crew;
  • Administer oxygen if trained and available.

12. Compliance with Laws

You agree to comply with all applicable laws and regulations governing your dives, including marine protected area rules, fisheries regulations, permits, customs and immigration requirements, vessel and boating rules, and any local dive operator regulations. You are solely responsible for determining what laws apply to your dives and for complying with them.

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and share your personal information.

14. Termination

You may stop using the Service and delete your account at any time from Profile → Settings → Delete Account.

We may suspend or terminate your access, with or without notice, if you (a) materially violate these Terms, (b) create risk or legal exposure for DiveSight, or (c) take any action that, in our reasonable judgment, creates a safety risk to other users.

Survival. The following provisions survive termination: Section 4 (User Content license and feedback license), Section 5 (Assumption of Risk), Section 6 (Release), Section 7 (Disclaimer of Warranties), Section 8 (Limitation of Liability and shortened limitations period), Section 9 (Indemnification), Section 10 (Third-Party Data), Section 11 (No Monitoring), Section 15 (Changes), Section 16 (Arbitration and Class-Action Waiver), Section 17 (Governing Law), Section 19 (General), and any other provision that by its nature should survive.

15. Changes to These Terms

We may update these Terms from time to time.

For material changes — including changes to the dispute-resolution provisions (Section 16), the limitation of liability (Section 8), the release (Section 6), or the Safety Disclaimer — we will notify you in-app and by email and require you to affirmatively accept the updated Terms before continuing to use the Service.

For non-material changes, we will update the Effective Date and notify you in-app. Continued use of the Service after the Effective Date constitutes acceptance.

16. Binding Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and DiveSight agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including the validity, scope, or enforceability of this arbitration provision — will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect, by a single neutral arbitrator, seated in San Francisco, California. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class-Action and Jury Waiver. YOU AND DIVESIGHT WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Carve-Outs. Notwithstanding the above:

  • (a) Either party may bring an individual claim in small-claims court for disputes within that court's jurisdiction;
  • (b) Either party may seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights or unauthorized access to the Service;
  • (c) To the extent the law of your jurisdiction requires that a claim for public injunctive relief be heard in court (e.g., McGill v. Citibank in California), that claim may proceed in court after all other claims have been arbitrated;
  • (d) Nothing in this Section prevents you from bringing a complaint to a government agency.

Opt-Out. You may opt out of this Section 16 by sending written notice of your decision to opt out to admin@divesight.org within 30 days after first accepting these Terms, including your name, email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

Severability of Class Waiver. If the class-action waiver is found unenforceable as to any claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed from arbitration and proceed in court; the remainder of this Section 16 remains in force.

17. Governing Law and Venue

These Terms are governed by the laws of the State of California, U.S.A., without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 16.

For any dispute not subject to arbitration, you and DiveSight agree to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, except where applicable consumer-protection law of your country of residence provides otherwise.

18. Apple-Specific Terms

You acknowledge that these Terms are between you and DiveSight — not Apple Inc. ("Apple"). Apple is not responsible for the Service or its content.

  • Maintenance and Support. Apple has no obligation to provide maintenance or support for the Service.
  • Warranty. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the App price, if any, to you; to the maximum extent permitted by law, Apple will have no other warranty obligation.
  • Product-Liability and Other Claims. DiveSight, not Apple, is responsible for addressing any claims relating to the Service, including product-liability claims, claims that the Service fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection or similar legislation.
  • Intellectual-Property Claims. In the event of any third-party claim that the Service or your use of it infringes that third party's intellectual property, DiveSight (not Apple) is solely responsible for the investigation, defense, settlement, and discharge of such claim.
  • Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
  • Legal Compliance. You represent that (i) you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

19. General

  • Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be reformed only to the minimum extent necessary to make it enforceable.
  • No Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
  • Entire Agreement. These Terms, the Privacy Policy, and the Safety Disclaimer constitute the entire agreement between you and DiveSight regarding the Service and supersede all prior agreements.
  • No Oral Modifications. No employee, contractor, or agent of DiveSight has authority to modify these Terms orally or by conduct.
  • Assignment. You may not assign these Terms without our prior written consent. DiveSight may assign these Terms without restriction.
  • Force Majeure. DiveSight is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, and failures of third-party data providers.
  • Headings. Headings are for convenience only and do not affect interpretation.
  • Language. The English version of these Terms is the controlling version; translations are provided for convenience.

20. Contact and California Notice

Questions about these Terms? Email admin@divesight.org. Safety concerns: admin@divesight.org. Legal / arbitration opt-out: admin@divesight.org.

Legal entity: DiveSight, LLC, 495 Jackson Street #1210, Oakland, CA 94607.

California Residents — §1789.3 Notice. Under California Civil Code §1789.3, California users are entitled to the following consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1-800-952-5210.