Fins Tribe & Dana Dive — Terms of Service

1. DEFINITIONS AND THE SERVICES

1.1"Fins Tribe" means our marine species identification application and website, including its species catalogue, encyclopedia, dive-site information, experience surveys and donations feature. "Dana Dive" means our platform for discovering and requesting bookings of services offered by Providers. "Services" means Fins Tribe and Dana Dive together. "Account" means the user account you create under these Terms. "Content" means all text, images, data, descriptions, articles, listings and other material available through the Services.

1.2"Provider" means an independent third party — such as a dive center, dive operator, instructor, liveaboard, hotel or other accommodation or travel business — that offers its own services through Dana Dive. "Provider Services" means the diving activities, accommodation and other services offered by a Provider. "Booking" means a reservation of Provider Services that you requested through Dana Dive and that the Provider has confirmed. "Service Fee" means the commission we charge you for the use of Dana Dive in connection with a Booking. "Dive Shop" means a diving business that uses the Scuba Sign App platform and that may invite you to Fins Tribe or be the subject of an experience survey; a Dive Shop may also be a Provider.

1.3Much of Fins Tribe can be used without an Account. These Terms apply to any use of the Services, whether or not you have an Account; the features that require an Account are identified in the Services.

1.4Dana Dive features may be introduced gradually. Articles 9 to 14 apply when, and to the extent that, the corresponding features are made available to you. Nothing in these Terms obliges us to launch, maintain or continue any particular feature, listing, destination or promotion.

2. ACCEPTANCE AND ELECTRONIC RECORD

2.1By checking the acceptance box next to the link to these Terms and creating your Account, you agree to these Terms. If you use the Services without an Account, you agree to these Terms, to the extent they apply to you, by using the Services. If you do not agree, do not create an Account and do not use the Services.

2.2When you accept these Terms we record the identifier, version and cryptographic hash of the text you accepted, the date and time, the language of the interface, the way you signed up, your IP address and your browser/device user agent, as evidence of your acceptance.

2.3You consent to receive these Terms, notices, confirmations and other communications from us electronically, and you agree that your electronic acceptance has the same legal effect as a handwritten signature to the fullest extent permitted by applicable law.

2.4Our Privacy Policy, which you accept separately, explains how we handle your personal data. These Terms are written in English, and the English text is the only authoritative version; translations of the interface around it are provided for convenience only.

3. ELIGIBILITY

3.1Accounts are open to people of any age: adults and minors may create and use an Account. By creating an Account you represent that the information you provide is accurate. If you are a minor, your parent or legal guardian remains responsible for your use of the Services.

3.2You may use the Services only in compliance with these Terms and with the laws that apply to you, and only if you are not barred from doing so under applicable law.

3.3If you request a Booking that includes other participants, you represent that you are authorised to act on their behalf, that you have informed them of the relevant terms, and you are responsible for their compliance and for the information you provide about them. A minor may take part in Provider Services only where the Provider and applicable law allow it, and under the responsibility of the minor's parent or legal guardian.

4. YOUR ACCOUNT

4.1You may create an Account through an invitation link sent to you after registering with a Dive Shop, through a Dive Shop's QR code, or by signing up with an email address that you confirm. You must provide accurate information and use an email address that you control.

4.2Your Account is personal and non-transferable, and you may hold only one. You are responsible for keeping your password confidential and for all activity under your Account. Notify us promptly at admin@scubasign.com if you suspect unauthorised use. For security reasons an Account may be limited to one active session at a time.

4.3The same Account identifies you in both Fins Tribe and Dana Dive. There is no separate Dana Dive account: closing or losing access to your Account affects both Services.

5. PERMITTED AND PROHIBITED USE

5.1The Services are made available for your personal, non-commercial use as a diver, snorkeller, traveller or person interested in marine life.

5.2You agree not to: (a) use the Services to violate any law or any third party's rights; (b) submit false, misleading or fraudulent information, impersonate anyone, or create Accounts by automated means or for another person without authorisation; (c) interfere with or disrupt the Services, or probe, test or circumvent their security controls, rate limits or anti-bot protections; (d) access or attempt to access data or accounts that are not yours; (e) scrape, crawl, harvest or bulk-download Content (including species images and data) or use Content to build a competing product or to train machine-learning models, other than ordinary indexing by public search engines in accordance with our robots file; (f) copy, modify, decompile or reverse engineer the Services, except to the extent the law expressly permits it despite this restriction; (g) introduce malware or harmful code; (h) make false, speculative or fraudulent booking requests, or use a payment method that you are not authorised to use; (i) use Dana Dive to find a Provider and then arrange the same reservation outside Dana Dive for the purpose of avoiding the Service Fee; or (j) submit, in surveys, reviews or messages, content that is unlawful, defamatory, harassing, hateful, obscene or that contains other people's personal data.

6. SPECIES IDENTIFICATION, ENCYCLOPEDIA AND DIVE-SITE CONTENT

6.1The species catalogue, the encyclopedia and the dive-site information are provided for general information and education only. They may be incomplete, inaccurate or out of date, and identifying a species from images and descriptions is inherently uncertain.

6.2This Content is not safety, medical, veterinary, scientific, navigational or food-safety advice. Do not rely on it to decide whether a marine animal is dangerous, venomous, protected, or safe to touch or to eat, or whether a dive site or its conditions are suitable for you. Never touch, feed, chase or harass marine life. In case of injury or envenomation, seek professional medical help immediately.

6.3Dive-site information (such as locations, depths, conditions or the species likely to be seen) is indicative only. It does not replace local knowledge, a dive briefing, proper training and dive planning, or the judgement of a qualified professional.

6.4Once your Account has Full Access, Fins Tribe can work offline. Content stored on your device may be out of date. Your personal lists and progress (for example the species you marked as seen, or the articles you saved) are stored only on your device; they may be lost if you clear your browser data, uninstall the application or change device, and we are not responsible for that loss.

7. EXPERIENCE SURVEYS AND REVIEWS

7.1If you have an Account and you dived with a Dive Shop that uses Scuba Sign App, we may present you, inside Fins Tribe, with a short survey about your experience with that Dive Shop (a rating and a comment). Answering is voluntary.

7.2Your rating and comment, together with your name, your email address and the date of the dive, are made available to that Dive Shop so that it can know and improve the quality of its service. Your rating may also be used to calculate and publish aggregate scores of Dive Shops and Providers, which never identify you and never include your comment.

7.3You are responsible for what you submit. It must reflect your own genuine experience, be truthful, and must not contain unlawful, defamatory, harassing, discriminatory or obscene material, other people's personal data, or confidential information. You must not accept or request compensation in exchange for a particular rating.

7.4You keep ownership of what you submit, and you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and sublicensable licence to host, store, reproduce, adapt (for example for formatting or translation), display and share it with the relevant Dive Shop or Provider, and to use it in aggregated form. We have no obligation to display any submission, we may remove or decline to display any submission at our discretion, we do not monitor submissions in advance, and we are not responsible for content submitted by users.

7.5After a survey we may offer you a link to a third-party review site (for example Tripadvisor) where you may choose to publish a review. That site is operated by a third party under its own terms and privacy policy; we do not send your survey answers to it.

8. DONATIONS

8.1A donation is a voluntary contribution to support the development and operation of Fins Tribe. We are a for-profit company, not a charity or a tax-exempt organisation: donations are NOT tax-deductible charitable contributions, and, apart from the unlock codes described in Article 8.5, you receive no goods, services, ownership, membership or other rights in exchange.

8.2Donations are processed by our payment processor, Stripe, under its own terms; we never receive or store your full card details. The amount and currency are shown before you confirm. You represent that you are authorised to use the payment method you choose.

8.3Donations are final and non-refundable, except where applicable law requires otherwise or where we decide, at our sole discretion, to refund a donation made by mistake; if that happens to you, contact us promptly at admin@scubasign.com.

8.4We decide at our discretion how donations are used, and we may enable, disable or change the donations feature at any time.

8.5A donation may be made in any amount from USD 10 to USD 500. When you donate you choose how many unlock codes you want, from one up to the donation divided by USD 10, so that every code accounts for at least USD 10. After the payment is confirmed we email the codes to the address of your Account or, if you donated without being signed in, to the address you entered on the payment page. A code can be redeemed once, by one Account, and gives that Account full access to every species photo, the dive-site filter, the full encyclopedia and the downloadable (offline) application ("Full Access"); part of the content is available without a donation, and we may change which part at any time. Codes do not expire, are not money or a financial product, cannot be exchanged for cash and may be given to other people. We may also give a code as a gift, free of charge, to a specific person: a gift code works only once and only for the Account that uses the email address it was sent to, and we may revoke it before it is redeemed. We may void the unused codes of a donation that is refunded, reversed or disputed. Full Access belongs to the Account that redeemed the code and ends when that Account is closed.

9. DANA DIVE IS AN INTERMEDIARY

9.1Dana Dive is an online platform that lets you discover Provider Services and send booking requests to Providers. We are not a dive operator, dive center, instructor, hotel or accommodation provider, carrier, tour operator or travel agent. We do not own, control, operate, manage or supervise any Provider Services, and we are not the organiser or retailer of any travel package.

9.2The contract for the Provider Services is made solely between you and the Provider, under the Provider's own terms, policies, waivers and requirements. We are not a party to that contract and we are not your agent or the Provider's employer, partner or joint venturer; we act only as an intermediary that transmits your booking request and charges our Service Fee.

9.3Providers are solely responsible for their listings (descriptions, prices, availability, photographs, equipment, staff qualifications, licences, insurance and safety standards) and for the Provider Services. We do not verify, endorse, guarantee or warrant any Provider, listing or Provider Services, including their safety, quality, legality, suitability or availability. The fact that a Provider is listed on Dana Dive or uses Scuba Sign App is not an endorsement, certification or guarantee of any kind.

10. BOOKINGS

10.1A booking request is an offer that you make to the Provider through Dana Dive. A Booking exists only once the Provider confirms it. The Provider may accept or reject your request at its discretion. If the Provider does not respond within the time shown in Dana Dive (currently twenty-four (24) hours), the request expires and you are not charged the Service Fee.

10.2Before sending a booking request you must review the listing, the price, the Service Fee, the Provider's cancellation policy and the Provider's requirements (such as certification level, minimum age, medical fitness, equipment or documents).

10.3Confirmations and other messages about your Booking are sent electronically to the email address of your Account. You are responsible for checking the details of your Booking and for contacting the Provider about any question regarding the Provider Services.

10.4The Provider may require you to complete its own registration, liability release, medical questionnaire or other documents (including through Scuba Sign App) before the activity, and may refuse your participation if you do not meet its requirements. Such a refusal is governed by the Provider's terms and is not a cancellation by the Provider for the purposes of Article 12.

10.5Any change to a Booking must be agreed with the Provider. We do not guarantee that a Provider will accept a change.

11. PRICES, SERVICE FEE AND PAYMENT

11.1The prices of Provider Services are set by the Providers. The amount of our Service Fee is shown to you before you confirm a booking request.

11.2By sending a booking request you authorise us, through our payment processor Stripe, to place an authorisation on and to charge your payment method for the Service Fee and for any other amount expressly shown as payable through Dana Dive. The Service Fee is charged when the Provider confirms the Booking. Payments are processed by Stripe under its own terms; we never receive or store your full card details.

11.3Unless Dana Dive expressly shows otherwise at checkout, the price of the Provider Services (or its remaining balance) is paid by you directly to the Provider, in the manner, in the currency and at the time that the Provider requires. We do not collect, hold or transmit that payment and we are not responsible for it. Whether the Service Fee is part of, or in addition to, the total price is shown at checkout.

11.4Unless expressly included, you are responsible for taxes, tourist, port and marine-park fees, currency-conversion costs and bank or card charges related to your Booking.

11.5Obvious errors in a price or in a listing are not binding. We or the Provider may cancel a Booking affected by an obvious error, in which case the Service Fee is refunded.

11.6Promotions, discounts and community benefits (including any discount announced to members of Fins Tribe) are subject to availability and to the conditions shown at the time of booking, may be changed or withdrawn at any time before a Booking is confirmed, have no cash value, and may be offered and honoured by the Providers rather than by us.

12. CANCELLATIONS, NO-SHOWS AND REFUNDS

12.1The Service Fee pays for our intermediation service, which is fully performed when the Provider confirms your Booking.

12.2If you cancel a confirmed Booking, do not show up, arrive late, or are refused by the Provider because you do not meet its requirements, the Service Fee is non-refundable.

12.3If the Provider rejects your booking request, lets it expire, or cancels a confirmed Booking for reasons not attributable to you (including weather or safety reasons), we will refund the Service Fee in full to your original payment method or release the authorisation. That refund is our sole obligation, and your exclusive remedy against us, in respect of a Booking that does not take place.

12.4Any amount paid or payable to the Provider is governed exclusively by the Provider's own cancellation and refund policy. Refunds of those amounts must be requested from the Provider; we cannot grant them.

12.5If you believe you were charged in error, contact us first at admin@scubasign.com so that we can review it. If you start a chargeback that turns out to be unjustified, we may suspend your Account and recover the amount and the related costs, and we may share the records of your Booking and of your acceptance of these Terms with the payment processor to contest it.

12.6Nothing in this Article limits any right that mandatory consumer law grants you and that cannot be waived by agreement.

13. YOUR RESPONSIBILITIES AND ASSUMPTION OF RISK

13.1SCUBA DIVING, FREEDIVING, SNORKELLING, BOAT TRAVEL AND RELATED ACTIVITIES INVOLVE INHERENT RISKS, INCLUDING SERIOUS INJURY, DECOMPRESSION ILLNESS, DROWNING AND DEATH, AS WELL AS LOSS OF OR DAMAGE TO PROPERTY. YOU VOLUNTARILY ASSUME ALL THE RISKS OF TAKING PART IN PROVIDER SERVICES.

13.2You are solely responsible for: holding, and being able to prove, the certification and experience required for the activity; being medically fit to dive and obtaining medical clearance where needed; having appropriate dive-accident and travel insurance; the condition and suitability of your own equipment; following the briefings, local laws and safe diving practices; and giving the Provider complete and truthful information.

13.3You are solely responsible for your travel arrangements and documents (passports, visas, health and vaccination requirements, travel advisories), for reaching the meeting point and for arriving on time.

13.4You alone choose the Provider and decide whether a Provider Service is suitable for you. We do not supervise any activity and we make no safety decision.

13.5To the fullest extent permitted by applicable law, you release us and our members, managers, officers, employees, contractors and licensors (the "Company Parties") from any claim for personal injury, death, loss of or damage to property, or any other loss arising out of Provider Services or out of the acts or omissions of a Provider, a Dive Shop or another participant.

14. PROVIDER REVIEWS AND BOOKING COMMUNICATIONS

14.1After a Booking we may invite you to rate or review the Provider. Article 7 applies to those ratings and reviews.

14.2We and the Provider may send you messages about your Booking (such as confirmation, changes, reminders or cancellation). These messages are part of the service and are not marketing.

14.3We share with the Provider the information needed to handle your booking request, as described in the Privacy Policy. The Provider's use of your information for its own purposes is governed by the Provider's own privacy practices.

15. INTELLECTUAL PROPERTY

15.1The Services, their software, design and databases, the Content (including species descriptions, encyclopedia articles and images) and the names and logos "Fins Tribe", "Dana Dive" and "Scuba Sign" belong to us or to our licensors and are protected by intellectual property laws.

15.2We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services, to install the application on your own devices, and to store Content offline through the application's own features (both with Full Access), for your personal and non-commercial use. All rights not expressly granted are reserved.

15.3If you send us ideas or suggestions about the Services, you grant us the right to use them without restriction and without any obligation to you.

15.4If you believe that Content infringes your copyright, send a notice to admin@scubasign.com that identifies the protected work, the material you consider infringing and where it is located, your contact details, a statement that you believe in good faith that the use is not authorised, a statement under penalty of perjury that the information in your notice is accurate and that you are the rights holder or are authorised to act on the holder's behalf, and your physical or electronic signature. We will respond appropriately, which may include removing the material and closing the accounts of repeat infringers.

16. THIRD-PARTY SERVICES AND LINKS

16.1The Services rely on third-party providers (for hosting, content delivery and network security, email delivery and payment processing). We use commercially reasonable efforts to keep the Services available, but we are not responsible for outages or failures of those services that are beyond our reasonable control.

16.2The Services may link to third-party websites and services (such as review sites, Providers' own websites or payment pages). We do not control them and are not responsible for their content, terms or privacy practices.

17. SUSPENSION, TERMINATION AND CLOSING YOUR ACCOUNT

17.1You may stop using the Services at any time, and you may close your Account yourself with the "Delete my account" option inside Fins Tribe (which asks for your password) or ask us to close it by writing to admin@scubasign.com from the email address of your Account. Closing your Account does not cancel a confirmed Booking (contact the Provider for that), does not entitle you to any refund and ends the Full Access of that Account; an unused unlock code that you bought stays valid for whoever holds it.

17.2We may suspend, restrict or close your Account, remove content or cancel pending booking requests, with or without notice, if we reasonably believe that you have breached these Terms, that your conduct creates risk or legal exposure for us, for Providers, for Dive Shops or for other users, that fraud is involved, or if the law requires it. We may also discontinue the Services, in whole or in part, at any time.

17.3When your Account is closed, the licence in Article 15.2 ends. Articles 7.4, 8, 12, 13, 15 and 18 to 22, and any other provision that by its nature should survive, remain in effect. The Privacy Policy explains what happens to your data after closure.

18. DISCLAIMERS

18.1THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

18.2WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT (INCLUDING SPECIES IDENTIFICATION, ENCYCLOPEDIA ARTICLES, DIVE-SITE INFORMATION AND PROVIDER LISTINGS); WE MAKE NO WARRANTY ABOUT ANY PROVIDER, DIVE SHOP OR PROVIDER SERVICES; AND WE DO NOT WARRANT THAT THE SERVICES, INCLUDING THEIR OFFLINE FEATURES, WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.

18.3Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the exclusions above apply to the fullest extent permitted by law.

19. LIMITATION OF LIABILITY

19.1TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR ENJOYMENT OF A TRIP OR HOLIDAY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2THE COMPANY PARTIES ARE NOT LIABLE FOR: THE ACTS OR OMISSIONS OF PROVIDERS, DIVE SHOPS OR OTHER USERS; THE PROVIDER SERVICES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, CANCELLATION, OVERBOOKING OR INSOLVENCY OF A PROVIDER); YOUR RELIANCE ON ANY CONTENT; THIRD-PARTY SERVICES; OR THE LOSS OF DATA STORED ON YOUR DEVICE.

19.3TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL SERVICE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (USD 100).

19.4These limitations apply even if a limited remedy fails of its essential purpose, and they are a fundamental basis of the bargain between you and us. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

20. INDEMNIFICATION AND DISPUTES WITH PROVIDERS

20.1You agree to defend, indemnify and hold harmless the Company Parties from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to: your breach of these Terms; the content you submit; your violation of any law or of any third party's rights; your Bookings, your participation in Provider Services or your dispute with a Provider, a Dive Shop or another user; or the acts or omissions of the participants included in your Bookings.

20.2Any dispute about Provider Services is between you and the Provider. We may, but have no obligation to, help the parties reach a solution. To the fullest extent permitted by applicable law, you release the Company Parties from all claims, demands and damages of every kind, known or unknown, arising out of or in any way connected with such disputes, and you waive any law that would limit this release to the claims you knew of when you agreed to it.

21. CHANGES TO THE SERVICES AND TO THESE TERMS

21.1We may modify, add or remove features of the Services at any time, including for scheduled or emergency maintenance.

21.2We may update these Terms. Each version is identified by a version number, and the version you accepted is kept in our records. For material changes we will give you notice (by email or within the Services) and may ask you to accept the updated Terms in order to keep using your Account; if you do not agree, you must stop using the Services and may close your Account. Changes do not apply retroactively to a Booking already confirmed or to a dispute that has already arisen.

22. GOVERNING LAW, COURTS AND GENERAL TERMS

22.1These Terms, and any dispute between you and us, are governed by the laws of Wyoming, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22.2Before starting any proceeding, you agree to raise the dispute with us at admin@scubasign.com, and both parties will try in good faith to resolve it informally for at least thirty (30) days. Failing that, the dispute shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you and we consent to the personal jurisdiction and venue of those courts.

22.3TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, AND YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

22.4To the fullest extent permitted by applicable law, any claim arising out of or related to the Services or these Terms must be filed within one (1) year after the claim arose; otherwise it is permanently barred.

22.5Nothing in these Terms deprives you of the protection of the mandatory provisions of the law of your country of residence that cannot be waived by agreement.

22.6We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, weather and sea conditions, epidemics, war, terrorism, labour disputes, governmental action, or internet, infrastructure or third-party service outages.

22.7You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets. A failure to enforce a provision is not a waiver of it. If a provision is held unenforceable, it is limited to the minimum extent necessary and the rest remains in effect. These Terms create no agency, partnership or employment relationship between you and us and, except for the Company Parties, no third-party beneficiaries.

22.8These Terms and the Privacy Policy are the entire agreement between you and us about the Services. If you registered with a Dive Shop through Scuba Sign App, that registration is governed by the Scuba Sign App documents you accepted there, not by these Terms. Your relationship with a Provider or a Dive Shop about the diving activity or the accommodation is governed by the documents you agree with them. Specific conditions shown at checkout for a Booking or a promotion prevail, for that Booking or promotion, over these Terms in case of conflict.

22.9We may give you notice by email to the address of your Account or through the Services. Questions about these Terms and notices to us go to admin@scubasign.com or to our registered office at 30 N Gould St Ste N, Sheridan, Wyoming 82801.