Terms of Service

1. Introduction and acceptance

Welcome to Diving Around The World (the "Service"), available at divingaroundtheworld.com and through our mobile applications. The Service is operated by Mojibake Ltd, a company registered in the United Kingdom ("Mojibake Ltd", "we", "us", or "our").

These Terms of Service (the "Terms") form a legally binding agreement between you and Mojibake Ltd. By creating an account, accessing, or using the Service in any way, you confirm that you have read, understood, and agreed to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation, but the account is still treated as a personal account under these Terms.

2. Eligibility (strict 18+)

The Service is for adults aged 18 or older only. This is strictly enforced. We require you to provide your date of birth at signup so we can verify that you meet the minimum age.

If we discover, are told, or have reasonable grounds to believe that an account holder is under 18, we will terminate the account immediately and may delete associated content. We do not knowingly collect information from anyone under 18.

By using the Service you also represent that:

• You are at least 18 years of age.
• You have the legal capacity to enter into these Terms in your country of residence.
• You are not barred from using the Service under any applicable law (including sanctions or export controls).
• You have not previously been suspended or removed from the Service.

3. Your account and security

You can create an account using an email address and password, or by signing in with a supported third-party identity provider (currently Google, Apple, or Facebook). Some actions on the Service require a verified email address before they can be performed.

You are responsible for:

• Providing accurate, current, and complete information at signup and keeping it up to date.
• Keeping your password and any third-party login credentials confidential.
• All activity that occurs under your account, whether or not authorised by you.
• Notifying us promptly at [email protected] if you suspect unauthorised access to your account.

You must not share your account, sell it, transfer it, or allow another person to use it. We may require you to change a username, email address, or password in certain circumstances (for example, if it impersonates someone else or appears to have been compromised).

4. The Service - what it is and what it is not

Diving Around The World is a community platform for SCUBA divers. Through the Service you can:

• Discover dive sites and view community-contributed information about them.
• Post reviews of dive sites (with optional anonymous submission).
• Save dive sites you are interested in.
• Share travel plans, including location, dates, certification level, and experience.
• Send connection requests to other users (or invite non-users by email).
• Exchange direct 1:1 messages with users you are connected to, including text and image attachments.
• Maintain a profile with a bio, avatar, languages, city, and country, and optionally opt in to be contacted by travel operators.

The Service is not: a dive school, a certification body, a dive guide, a charter operator, a search-and-rescue service, a medical adviser, an emergency service, a travel agent, an insurer, or a regulator. It does not verify credentials, qualifications, identity, or the accuracy of information posted by users.

5. SCUBA diving risk acknowledgement

SCUBA diving is an inherently dangerous activity. It can cause serious injury, permanent disability, or death. Hazards include but are not limited to drowning, decompression sickness, arterial gas embolism, oxygen toxicity, nitrogen narcosis, equipment failure, entanglement, hypothermia, marine life injuries, currents, surge, low visibility, boat traffic, and remote-area medical evacuation.

By using the Service you expressly acknowledge and agree that:

• You assume all risks associated with SCUBA diving and any related activities (including snorkelling, freediving, surface swims, and travel to and from dive sites).
• You will not rely on the Service as a substitute for proper certification, dive briefings, in-person professional assessment, qualified guides, current weather and water condition reports, official local authorities, or your own training and judgement.
• Information on the Service (including site descriptions, ratings, reviews, depths, conditions, accessibility, marine life, hazards, certifications, and photographs) is community-contributed and largely unverified, may be incomplete, out of date, inaccurate, biased, or maliciously incorrect, and must not be relied on for safety-critical decisions.
• Conditions at any site can change rapidly and unpredictably; what was true for one diver on one day may be dangerous for you today.
• You are solely responsible for ensuring you are medically fit to dive, that your equipment is serviced and appropriate, that you dive within the limits of your certification, training, and experience, and that you comply with all local laws, permits, and protected-area rules.
• In an emergency you must contact local emergency services and, where applicable, organisations such as DAN (Divers Alert Network). The Service is not an emergency service.

You dive at your own risk. To the fullest extent permitted by law, Mojibake Ltd is not liable for any diving incident, injury, illness, death, or loss arising from or connected to your use of, or reliance on, information obtained through the Service.

6. Information accuracy disclaimer

Most content on the Service - including dive site entries, reviews, photographs, ratings, comments, travel plans, and profile information - is created or contributed by users or sourced from third parties. We do not verify it.

Specifically, we make no representation or warranty that:

• Any dive site description, depth, difficulty rating, GPS location, or hazard listing is accurate or current.
• Any user is who they claim to be, holds the certifications they claim, or has the experience they claim.
• Any third-party operator, instructor, school, charter, or marina listed or referenced is licensed, insured, competent, or safe.
• Reviews are honest, unbiased, or written by genuine divers.

Always cross-check critical information with certified instructors, qualified dive guides, official local authorities, hydrographic and meteorological services, and your own training before any dive.

7. User-generated content

"User-generated content" or "UGC" means anything you submit, upload, post, or transmit through the Service, including reviews, ratings, comments, titles, travel plans, profile information (bio, languages, city, country), avatars, message text, image attachments, and saved dive site lists.

You retain ownership of your UGC. However, by submitting UGC, you grant Mojibake Ltd a worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to host, store, cache, reproduce, modify (for example to resize, re-encode, format, moderate, or translate), adapt, publish, distribute, and display that UGC, on the Service and on any other sites, apps, and services operated by Mojibake Ltd or its affiliates (including its other brand sites), for the purposes of operating, providing, securing, promoting, and improving those services, and for any other purpose consistent with your privacy settings.

Photos are licensed to us in perpetuity. For photos and other images you upload to the Service (including dive photos, dive site images, avatars, and image attachments), the licence described above is perpetual and irrevocable. It continues even if you later delete the photo, the content it was attached to, or your account, and it permits us to continue to use, host, reproduce, adapt, publish, distribute, and display those photos for the purposes described above without further notice, consent, or compensation.

You represent and warrant that:

• You own or have all necessary rights to the UGC you submit.
• Your UGC does not infringe any third party's intellectual property, privacy, publicity, contractual, or other rights.
• Your UGC complies with these Terms and with applicable law.
• Any persons identifiable in photos you upload have consented to the upload where consent is required by law.

We may, but are not obliged to, review, moderate, edit, refuse, or remove UGC at our discretion, including UGC that we believe violates these Terms, is unsafe, or exposes us or other users to risk.

Except for photos and other images, which are licensed in perpetuity as described above, the licence you grant us survives deletion of your account only to the extent necessary for: backups and disaster recovery; legal, regulatory, or audit compliance; fraud and abuse prevention; and to keep messages and content visible to recipients to whom they have already been delivered (see Section 9).

8. Acceptable use

You agree not to use the Service, and not to submit any UGC, in a way that:

• Is illegal under any applicable law, or that promotes, facilitates, or instructs others in unlawful activity.
• Is harassing, bullying, threatening, hateful, discriminatory, defamatory, obscene, sexually explicit, or invasive of another person's privacy.
• Infringes any copyright, trademark, trade secret, moral right, database right, publicity right, or other intellectual property or proprietary right.
• Impersonates any person, dive professional, organisation, or entity, or misrepresents your affiliation, certifications, or qualifications.
• Contains malware, viruses, worms, ransomware, or any other harmful code, or that probes, scans, or tests the vulnerability of the Service.
• Scrapes, crawls, harvests, indexes, mirrors, or otherwise extracts data from the Service by automated means without our prior written permission.
• Reverse engineers, decompiles, or disassembles any part of the Service, except to the extent that applicable law expressly permits.
• Interferes with or disrupts the Service, our infrastructure, or other users' use of the Service, including by sending spam, denial-of-service traffic, or excessive automated requests.
• Circumvents, disables, or otherwise interferes with security-related features of the Service or features that limit use or copying of content.
• Uses the Service to recruit, contact, groom, or solicit minors for any purpose, or for any non-diving-related sexual or romantic solicitation.
• Uses the Service for commercial solicitation, advertising, or recruitment without our prior written permission. (Users who opt in via their profile to be contacted by travel operators have separately consented to that limited contact.)
• Posts content that endangers other users, including knowingly false safety information, fake "safe" markers on hazardous sites, fabricated depth or hazard data, or instructions designed to cause harm.
• Collects or stores personal data about other users without their consent.
• Creates multiple accounts, or creates an account on behalf of someone else without authorisation.

Breach of this section may result in content removal, account suspension, account termination, and reporting to law enforcement where appropriate.

9. Connections and messaging

You can send connection requests to other users by their user identifier or by email address. If you invite someone by email who is not yet a user of the Service, we may send them an invitation email on your behalf. Only invite people who you reasonably expect to want to receive an invitation.

Once two users are connected, they can exchange direct messages, which may include text and image attachments. You are solely responsible for the content of your messages.

You can block another user at any time, which will prevent further interaction between your accounts on the Service.

About "Delete for me": the Service offers a "delete for me" option that hides a message on your side only. The recipient will still see the original message on their side. If you need a message removed for safety, harassment, or legal reasons, please contact us at [email protected].

Messages are not end-to-end encrypted. We may access message content in limited circumstances, such as responding to abuse reports, complying with legal obligations, or protecting the safety of users or the public.

10. Privacy

Your privacy matters. Our Privacy Policy explains what personal data we collect, why we collect it, how we use it, who we share it with, and the rights you have under UK GDPR and other applicable laws. By using the Service you acknowledge that you have read the Privacy Policy.

In particular, please note:

• We use third-party identity providers (Google, Apple, Facebook) for OAuth sign-in, who receive limited information when you choose to sign in through them.
• We use product analytics (currently PostHog) to understand and improve the Service.
• We use third-party object storage to host images and other media.
• Map basemap tiles are served by third parties (currently CartoCDN and OpenStreetMap), who may log basic request information.

11. Intellectual property

Subject to your compliance with these Terms, Mojibake Ltd grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your own personal, non-commercial purposes.

All rights, title, and interest in and to the Service - including the software, source code, design, user interface, look and feel, logos, trademarks, service marks, trade names, domain names, databases, and all non-UGC content - are owned by Mojibake Ltd or its licensors and are protected by intellectual property and other laws.

Nothing in these Terms transfers any of those rights to you. You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Service except as expressly permitted by these Terms or by applicable law.

If you believe content on the Service infringes your intellectual property rights, please contact us at [email protected] with details so we can investigate.

12. Third-party services and content

The Service integrates with or relies on third-party services, including (but not limited to):

• OAuth identity providers - Google, Apple, and Facebook.
• Map basemap tile providers - CartoCDN and OpenStreetMap contributors.
• Product analytics - PostHog.
• Cloud object storage providers used to host images and other media.
• Information about dive sites, marinas, and operators sourced from third parties.

When you interact with these third parties, their own terms and privacy policies apply, and we are not responsible for their acts, omissions, content, availability, or accuracy. Third-party content is subject to those parties' rights and may carry its own attribution or licensing requirements.

13. Pricing

The Service is currently offered free of charge. We do not currently process payments through the Service.

We reserve the right to introduce paid features or subscription tiers in the future. If we do, we will give you clear advance notice and an opportunity to choose whether to use those paid features. Continuing to use any free features will not require payment.

14. Modifications to the Service

We are continuously improving the Service. We may, at any time and without notice (except as required by law):

• Add, remove, change, or limit features and functionality.
• Suspend or restrict access to the Service for maintenance, security, or operational reasons.
• Discontinue the Service or any part of it permanently.

We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service, except where such liability cannot be excluded under applicable law.

15. Account termination by you and by us

By you. You may stop using the Service at any time. To request deletion of your account, please email [email protected] from the email address registered to your account. (The current web client does not offer a self-serve deletion flow.) We will process verified deletion requests within 30 days, subject to legal retention obligations.

By us. We may suspend or terminate your account or restrict your access to the Service, with or without notice, if we reasonably believe that:

• You have breached these Terms.
• Your use of the Service is fraudulent, abusive, harmful, or unsafe to other users.
• You are under 18.
• We are required to do so to comply with law, regulation, or a binding order.
• Continued provision of the Service to you is no longer commercially or technically feasible.

Effect of termination. On termination of your account:

• Your right to use the Service ends immediately.
• Your UGC may be removed from public-facing parts of the Service.
• Messages already delivered to other users may remain visible to those recipients.
• We may retain anonymised, aggregated, or de-identified data, and information we are required to keep for legal, regulatory, or security reasons.
• Sections of these Terms that by their nature should survive (including content licences for delivered material, intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive.

16. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, Mojibake Ltd disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness, non-infringement, and quiet enjoyment.

Without limiting the generality of the above, we do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• Any defects will be corrected.
• The Service or its servers are free of viruses or other harmful components.
• Any information obtained through the Service is accurate, current, complete, or reliable.
• Any other user is trustworthy, who they claim to be, certified, qualified, or safe to dive with.

Nothing in these Terms excludes or limits: our liability for death or personal injury caused by our negligence; our liability for fraud or fraudulent misrepresentation; your statutory rights as a UK consumer under the Consumer Rights Act 2015 and other applicable consumer protection law; or any other liability that cannot lawfully be excluded or limited.

17. Limitation of liability

To the fullest extent permitted by law, Mojibake Ltd, its directors, officers, employees, contractors, agents, and licensors will not be liable for:

• Any diving incident, injury, illness, death, or property loss arising from or connected to your use of, or reliance on, information obtained through the Service.
• Any indirect, incidental, special, consequential, exemplary, or punitive damages.
• Any loss of profits, revenue, business, goodwill, opportunity, data, or anticipated savings.
• Any loss arising from your interactions with other users, dive operators, instructors, schools, charters, or any other third party introduced through the Service.
• Any loss caused by events outside our reasonable control, including acts of God, weather, pandemic, war, civil unrest, regulatory action, or failure of third-party infrastructure.

Aggregate cap. Where liability cannot be excluded but can lawfully be limited, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service is limited to GBP 100. This cap reflects the fact that the Service is provided to you free of charge.

Nothing in this section limits anything that cannot be limited by law, as set out in Section 16.

18. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Mojibake Ltd and its directors, officers, employees, contractors, agents, and licensors from and against any and all third-party claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or connected to:

• Your UGC, including any claim that it infringes a third party's rights or violates law.
• Your breach of these Terms or any applicable law or regulation.
• Your use or misuse of the Service, including any interaction with other users.
• Any diving activity you undertake, plan, organise, or participate in, whether or not arranged through the Service.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us.

19. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in the Service, in our business, or in applicable law.

Material changes will be notified to you via the app, by email, or both, before they take effect, together with the effective date. Non-material changes (such as clarifications or corrections) may take effect when posted.

If you continue to use the Service after the effective date of a change, you accept the updated Terms. If you do not agree, you must stop using the Service and may close your account in accordance with Section 15.

20. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, except that this does not deprive you of the protection of any mandatory consumer protection laws in your country of residence, and you may also bring proceedings before the competent courts of your country of residence where required by law.

21. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any other notices we publish in the Service, constitute the entire agreement between you and Mojibake Ltd regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms at any time, including in connection with a merger, acquisition, reorganisation, or sale of assets.

No third-party beneficiaries. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

Notices. We may give you notices through the Service, by email to the address on your account, or by any other reasonable means.

22. Contact

Questions, concerns, abuse reports, deletion requests, or legal notices can be sent to:

• Email: [email protected]
• Operator: Mojibake Ltd, United Kingdom

We aim to respond to all enquiries within a reasonable time. For matters relating to safety or potential harm, please mark your email "URGENT" in the subject line.