Introduction
Effective Date: May 12, 2025
Welcome to the Terms of Use of Div’In, an application developed and operated by Div’In Solutions Sàrl (hereinafter referred to as “Div’In”, “we”, “our” or “us”).
These Terms of Use constitute a legally binding agreement between you and Div’In Solutions Sàrl regarding your use of the Div’In mobile application and associated website (collectively referred to as the “Services”).
By accessing or using our Services, you agree to be bound by these terms. If you do not accept these terms, please do not use our Services.
These Terms of Use constitute a legally binding agreement between you and Div’In Solutions Sàrl regarding your use of the Div’In mobile application and associated website (collectively referred to as the “Services”).
By accessing or using our Services, you agree to be bound by these terms. If you do not accept these terms, please do not use our Services.
Definitions
Capitalized terms in these Terms of Use have the following meanings:
- Application refers to the Div’In mobile application available on iOS and Android platforms;
- ToU refers to these Terms of Use;
- Client refers to the legal entity or individual subscribing for personal or professional purposes to a Subscription to the Services or additional services, which fall within the scope of their commercial, liberal, or associative activity;
- Account refers to a valid account giving access to the Services subscribed to by the User;
- Content refers to any content that Users may upload and share via the Services, including but not limited to contact information, documents, certifications, photos, and videos;
- Personal Data refers to any personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR) relating to an identified or identifiable natural person;
- Dive Center refers to the commercial establishment offering scuba diving services and using the Div’In software interface dedicated to dive centers;
- Diver refers to any individual user of the Application using it to search for and book dives;
- Services refers to all the features offered by Div’In via the Application and the website;
- Site refers to the Div’In website accessible at https://www.div-in.net presenting the Services;
- Subscription refers to the contractual commitment binding the User to Div’In to use the Services;
- User refers to any natural person using the Services, whether a Diver or a representative of a Dive Center.
Acceptance of Terms
Acceptance
By creating a Div’In account or using our Services in any way, you confirm that:
Acceptance
By creating a Div’In account or using our Services in any way, you confirm that:
- You have read, understood, and agreed to be bound by these ToU
- You are of legal age to form a binding contract with Div’In Solution Sàrl
- You are not prohibited from using our Services under applicable laws
- If you are using our Services on behalf of an organization, you confirm that you are authorized to accept these terms on behalf of that organization.
Modifications to Terms
We may modify these terms at any time at our sole discretion. If we make significant changes, we will notify you by email or through an in-app notification before the changes take effect.
Your continued use of the Services after the publication of the modified terms constitutes your acceptance of these changes. If you do not accept the modified terms, you must cease using our Services.
Electronic Signature
The electronic signature included in the Div’In application constitutes valid proof for the dive center of your consent and intention to comply with the forms that have been transmitted to you within Div’In.
Description of Services
Services for Divers
Services for Divers
Div’In offers Divers the following services:
- Search and booking of dives with partner Dive Centers
- Profile management including certifications, experience, and equipment
- Digital dive log allowing you to record completed dives
- Access to a community of divers to share experiences
- Social features allowing you to connect with other divers
- Payment for services via the application
Services for Dive Centers
Div’In offers Dive Centers the following services:
Div’In offers Dive Centers the following services:
- Booking and availability management interface
- Customer management system
- Dive and excursion planning tools
- Payment management system
- Customer communication tools
- Marketing and promotion tools
Availability of Services
Div’In strives to maintain the Services available 24 hours a day, 7 days a week. However, we cannot guarantee that the Services will be available without interruption. The Services may be temporarily unavailable for maintenance, updates, or for reasons beyond our control.
Some features of the Services may be available offline, but their full functionality requires an Internet connection.
Payment for Services
Div’In requires a payment method to make a reservation. The data shared with our payment service provider is limited to what is strictly necessary for the proper conduct of the transaction.
Registration and User Account
Account Creation
To use the features of our Services, you must create an account. Whencreating an account, youmust:
Div’In strives to maintain the Services available 24 hours a day, 7 days a week. However, we cannot guarantee that the Services will be available without interruption. The Services may be temporarily unavailable for maintenance, updates, or for reasons beyond our control.
Some features of the Services may be available offline, but their full functionality requires an Internet connection.
Payment for Services
Div’In requires a payment method to make a reservation. The data shared with our payment service provider is limited to what is strictly necessary for the proper conduct of the transaction.
Registration and User Account
Account Creation
To use the features of our Services, you must create an account. Whencreating an account, youmust:
- Provide accurate, complete, and up-to-date information
- Choose a secure password and keep it confidential
- Maintain and promptly update your account information
Types of Accounts
Div’In offers different types of accounts:
Div’In offers different types of accounts:
- Diver Account on the application, intended for individual divers
- Dive Center Account on the website, intended for dive centers
Account Security
You are responsible for all activities that occur under your account. You must:
You are responsible for all activities that occur under your account. You must:
- Protect the confidentiality of your login credentials
- Immediately notify Div’In of any unauthorized use of your account
- Ensure you log out at the end of each session
Div’In will not be responsible for any losses or damages resulting from non-compliance with these security obligations.
Eligibility
You must be at least 13 years old to create an account and use our Services. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use our Services with the consent of a parent or legal guardian.
For dive-related features, you must:
Eligibility
You must be at least 13 years old to create an account and use our Services. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use our Services with the consent of a parent or legal guardian.
For dive-related features, you must:
- Possess the appropriate certifications for the diving activities in which you participate
- Comply with all local rules and regulations concerning diving
- Be in good physical condition to practice diving
User Obligations
General Obligations
By using our Services, you agree to:
General Obligations
By using our Services, you agree to:
- Respect these ToU and all applicable laws and regulations
- Provide accurate and complete information, including about your diving certifications
- Respect the rights of other users and third parties
- Not use the Services in a way that could damage, disable, overload, or compromise the Services or interfere with other users’ use of the Services
- Not attempt to access parts of the Services you are not authorized to access
Specific Obligations for Divers
As a Diver using the Services, you agree to:
As a Diver using the Services, you agree to:
- Provide accurate information regarding your certification level, experience, and health status
- Respect the rules and instructions of the Dive Centers with which you make reservations
- Have valid dive insurance if required by local legislation or by the Dive Center
- Inform the Dive Center of any medical issues or physical conditions that may affect your ability to dive safely
- Respect the cancellation deadlines established by the Dive Centers
Specific Obligations for Dive Centers
As a Dive Center using the Services, you agree to:
As a Dive Center using the Services, you agree to:
- Have all necessary licenses, authorizations, and certifications to operate legally
- Keep information about your services, availability, and pricing up to date
- Honor reservations confirmed via our Services
- Follow all safety standards applicable to the diving industry
- Verify Divers’ certifications and abilities before activities
- Maintainappropriateprofessionalliabilityinsurance
- Process Divers’ personal data in accordance with applicable laws
Prohibited Content
You agree not to post or share content that:
You agree not to post or share content that:
- Is illegal, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable
- Violates the intellectual property or other rights of third parties
- Contains viruses, malware, or any code designed to damage the Services
- Includes personal information of others without their consent
- Promotesillegal or dangerousactivities
We reserve the right to remove any content that, in our sole discretion, violates these prohibitions or these ToU.
Intellectual Property
Div’In’s Intellectual Property
Div’In and its licensors own all rights, title, and interest, including all intellectual property rights, in the Services and their content, including but not limited to software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and any other material or information provided by Div’In.
Nothing in these ToU grants you any right, title, or interest in the Services, other than the right to use the Services in accordance with these ToU.
User License
Subject to your compliance with these terms, Div’In grants you a limited, non-exclusive, non-transferable, and revocable license to:
Intellectual Property
Div’In’s Intellectual Property
Div’In and its licensors own all rights, title, and interest, including all intellectual property rights, in the Services and their content, including but not limited to software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and any other material or information provided by Div’In.
Nothing in these ToU grants you any right, title, or interest in the Services, other than the right to use the Services in accordance with these ToU.
User License
Subject to your compliance with these terms, Div’In grants you a limited, non-exclusive, non-transferable, and revocable license to:
- Download and install the Application on your personal devices
- Access and use our Services for personal and commercial purposes
Restrictions
You maynot:
You maynot:
- Copy, modify, distribute, sell, or lease any part of our Services
- Reverse engineer or attempt to extract the source code of our software
- Use our trademarks, logos, or other brand elements without our prior written authorization
- Bypass, disable, or interfere with the security-related features of the Services
User Content
You retain all rights to the content you submit, post, or display on or through our Services (“User Content”).
By submitting User Content, you grant Div’In a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, modify, create derivative works, distribute, publicly display, and publicly perform such User Content in connection with the operation and provision of the Services.
You represent and warrant that:
You retain all rights to the content you submit, post, or display on or through our Services (“User Content”).
By submitting User Content, you grant Div’In a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, modify, create derivative works, distribute, publicly display, and publicly perform such User Content in connection with the operation and provision of the Services.
You represent and warrant that:
- You own or have the necessary rights to grant the rights and licenses contained in these ToU
- The User Content does not violate the rights of third parties, including intellectual property rights and privacy rights
Payments and Billing
Rates
The applicable rates for using the Services are indicated on the Site or in the Application. Div’In reserves the right to modify its rates at any time, subject to informing you before the new rates take effect.
For Divers, basic use of the application is free. The Premium version is paid for as an annual subscription and is payable directly through Google Play or the App Store.
Payment
Payments can be made by credit card or by any other accepted payment method indicated in the Services. By providingyourpayment information, you:
Rates
The applicable rates for using the Services are indicated on the Site or in the Application. Div’In reserves the right to modify its rates at any time, subject to informing you before the new rates take effect.
For Divers, basic use of the application is free. The Premium version is paid for as an annual subscription and is payable directly through Google Play or the App Store.
Payment
Payments can be made by credit card or by any other accepted payment method indicated in the Services. By providingyourpayment information, you:
- Declare that you are authorized to use the provided payment method
- Authorize Div’In to charge your payment method for the amounts due
- Accept that Div’In may store and update your payment information
All amounts are indicated excluding taxes unless otherwise specified. You are responsible for paying all applicable taxes.
Commissions and Service Fees
For reservations made via the Services, service fees may be added to the total amount. These fees are clearly indicated before confirming the reservation.
Dive Centers are subject to commissions on dives received and managed via the Services. Commission rates are communicated to Dive Centers upon registration or during subsequent modifications. An invoice detailing the amounts will be sent for the previous month.
Refunds
Refund policies vary depending on the services:
Commissions and Service Fees
For reservations made via the Services, service fees may be added to the total amount. These fees are clearly indicated before confirming the reservation.
Dive Centers are subject to commissions on dives received and managed via the Services. Commission rates are communicated to Dive Centers upon registration or during subsequent modifications. An invoice detailing the amounts will be sent for the previous month.
Refunds
Refund policies vary depending on the services:
- For dive reservations, the cancellation and refund policy is established by each Dive Center and is clearly indicated during the booking process.
- For Dive Center commissions, no refund is granted for the current period in case of contract cancellation.
- For purchases of premium features, refunds are processed in accordance with the policies of the relevant app stores (App Store, Google Play).
Invoices
Invoices are established only electronically, which you expressly accept. You agree to inform Div’In of any change in your postal and banking address or any other information necessary for payment.
Any dispute regarding an invoice must be expressed by email to finance@div-in.net within seven (7) days from the date of the invoice. In the absence of such communication, you will be deemed to have accepted the invoice.
Limitation of Liability
General Limitation
To the extent permitted by applicable law, the Services are provided “as is” and “as available”, without warranty of any kind, express or implied.
Div’In does not guarantee that:
Invoices are established only electronically, which you expressly accept. You agree to inform Div’In of any change in your postal and banking address or any other information necessary for payment.
Any dispute regarding an invoice must be expressed by email to finance@div-in.net within seven (7) days from the date of the invoice. In the absence of such communication, you will be deemed to have accepted the invoice.
Limitation of Liability
General Limitation
To the extent permitted by applicable law, the Services are provided “as is” and “as available”, without warranty of any kind, express or implied.
Div’In does not guarantee that:
- The Services will meet your specific requirements
- The Services will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of the Services will be accurate or reliable
- The quality of products, services, information, or other material purchased or obtained by you through the Services will meet your expectations
Limitation of Liability for Diving Activities
Scuba diving involves inherent risks. Div’In is not responsible for:
Scuba diving involves inherent risks. Div’In is not responsible for:
- The quality or safety of services provided by the Dive Centers
- Accidents or incidents occurring during diving activities
- The accuracy of information provided by Dive Centers or other users
- Weather or sea conditions affecting diving activities
- The health or physical condition of divers
It is the responsibility of each Diver to:
- Ensure they have the necessary qualifications for the booked dives
- Check their health status before diving
- Respect divingsafetyrules
- Have adequate insurance covering diving activities
Financial Liability Limitation
To the fullest extent permitted by applicable law, Div’In’s total liability arising out of or related to the use or inability to use the Services will not exceed the amounts you have paid us for the use of the Services during the twelve (12) months preceding the event giving rise to such liability, or one hundred euros (€100) if no amount has been paid.
This limitation does not apply to liability arising from:
To the fullest extent permitted by applicable law, Div’In’s total liability arising out of or related to the use or inability to use the Services will not exceed the amounts you have paid us for the use of the Services during the twelve (12) months preceding the event giving rise to such liability, or one hundred euros (€100) if no amount has been paid.
This limitation does not apply to liability arising from:
- Death or bodilyinjury
- Gross negligence or willfulmisconduct
- Fraud or fraudulentmisrepresentation
- Any liability that cannot be excluded or limited under applicable law
Indemnification
You agree to defend, indemnify, and hold harmless Div’In, its affiliates, officers, directors, employees, and agents against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
You agree to defend, indemnify, and hold harmless Div’In, its affiliates, officers, directors, employees, and agents against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- Your access to or use of the Services
- Your violation of theseToU
- Your violation of any third-party right, including, without limitation, any intellectual property right or privacy right
- Any content you submit, post, or transmit through the Services
Term and Termination
Term
These ToU will remain in effect until terminated by you or by Div’In.
Termination by User
Application users can terminate the agreement with Div’In at any time by:
Term
These ToU will remain in effect until terminated by you or by Div’In.
Termination by User
Application users can terminate the agreement with Div’In at any time by:
- Deleting the account via the user interface, in-app
- Contacting our customer service at info@div-in.net
For Dive Centers, the contract runs for one year and is tacitly renewed. In case of termination, an amount calculated on the average of the amounts invoiced during the current contractual year will be due to Div’In for the remaining months.
Termination by Div’In
Div’In may suspend or terminate your access to and use of the Services, including your account, at any time and for any reason, including if:
Termination by Div’In
Div’In may suspend or terminate your access to and use of the Services, including your account, at any time and for any reason, including if:
- You have violated any provision of these ToU
- You have created a legal risk for Div’In
- The provision of the Services is no longer commercially viable at our sole discretion
In case of serious violation of the ToU, termination may be immediate and without notice.
Effects of Termination
After the termination of your account:
Effects of Termination
After the termination of your account:
- You will no longer have access to your account or the Services
- Div’In will delete your information and content from its servers after a maximum of 3 months
- Certain provisions of the ToU, including those relating to intellectual property, limitation of liability, and dispute resolution, will continue to apply
Data Recovery
You have the possibility, within thirty (30) days following the termination of your account, to request a copy of your data. Div’In will provide you with this data in a standard machine-readable format.
Beyond this period, Div’In does not guarantee the preservation of your data and will permanently delete it.
Force Majeure
Neither party will be responsible for any failure or delay in performance caused by an element constituting a case of force majeure, such as, without limitation, natural disasters, wars, riots, terrorist attacks, epidemics, power outages, Internet or telecommunications failures, or any other circumstance beyond the reasonable control of the affected party.
Modifications to Terms
Div’In reserves the right, at its sole discretion, to modify or replace any part of these ToU at any time. It is your responsibility to periodically check the ToU to be aware of modifications. Your continued use of the Services after the posting of modifications constitutes your acceptance of these modifications.
We will inform you of significant changes through a notification on our Site or in the Application, or by sending an email to the address associated with your account.
If you do not accept the new terms, you must cease using the Services.
Applicable Law and Jurisdiction
These ToU and your use of the Services are governed by Swiss law, regardless of conflict of law principles.
Any dispute arising from or related to these ToU or your use of the Services will be subject to the exclusive jurisdiction of the competent courts of Geneva, Switzerland, unless otherwise provided by applicable law.
Contact
If you have any questions regarding these ToU or the Services, please contact us at:
Div’In Solutions Sàrl
Email: info@div-in.net
Address: Switzerland
You have the possibility, within thirty (30) days following the termination of your account, to request a copy of your data. Div’In will provide you with this data in a standard machine-readable format.
Beyond this period, Div’In does not guarantee the preservation of your data and will permanently delete it.
Force Majeure
Neither party will be responsible for any failure or delay in performance caused by an element constituting a case of force majeure, such as, without limitation, natural disasters, wars, riots, terrorist attacks, epidemics, power outages, Internet or telecommunications failures, or any other circumstance beyond the reasonable control of the affected party.
Modifications to Terms
Div’In reserves the right, at its sole discretion, to modify or replace any part of these ToU at any time. It is your responsibility to periodically check the ToU to be aware of modifications. Your continued use of the Services after the posting of modifications constitutes your acceptance of these modifications.
We will inform you of significant changes through a notification on our Site or in the Application, or by sending an email to the address associated with your account.
If you do not accept the new terms, you must cease using the Services.
Applicable Law and Jurisdiction
These ToU and your use of the Services are governed by Swiss law, regardless of conflict of law principles.
Any dispute arising from or related to these ToU or your use of the Services will be subject to the exclusive jurisdiction of the competent courts of Geneva, Switzerland, unless otherwise provided by applicable law.
Contact
If you have any questions regarding these ToU or the Services, please contact us at:
Div’In Solutions Sàrl
Email: info@div-in.net
Address: Switzerland