Terms of Service

Effective Date: 21 April 2026 Last Updated: 22 May 2026 Version 1.1

Plain-English Summary

These Terms govern your use of the Freedive Finder app. Key points:

1. Agreement to Terms

1.1 These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "User") and Freedive Finder ("we", "us", "our") governing your access to and use of the Freedive Finder mobile application ("the App") and related services.

1.2 By creating an account or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1.3 If you do not agree to these Terms, you must not use the App.

2. Eligibility

2.1 You must be at least 18 years of age to create an account and use the App.

2.2 By creating an account, you represent and warrant that:

2.3 Freediving is a physically demanding activity with inherent risks. You are solely responsible for assessing your own fitness, qualifications, and readiness to participate in any dive activity arranged through the App.

3. Account Registration and Security

3.1 To access the App's features, you must create an account using one of the following methods:

3.2 You are responsible for:

3.3 You must not:

4. Your Use of the App

4.1 Permitted Use

You may use the App (and the associated web surfaces) to:

4.2 Prohibited Conduct

Freedive Finder has zero tolerance for objectionable content and abusive users. Violations may result in immediate content removal and account suspension, with or without prior warning.

You must not:

4.3 Beta Waitlist

If you sign up for our beta waitlist (see Privacy Policy §2.6 for the data collected), you agree:

4.4 Administrative Access

The App is operated by authorised platform administrators who, in the course of running the service, may access user data via a dedicated administrative interface. See Privacy Policy §6.2 for the purposes and accountability measures that govern administrative access. By using the App, you acknowledge that such access is an ordinary part of the service's operation and not a disclosure to an unrelated third party. All administrative actions are recorded in an append-only audit log.

5. User-Generated Content

5.1 Your Content

"User Content" means any content you create, upload, or submit through the App, including but not limited to: profile information, chat messages, dive site descriptions, dive session details, photos, and reviews.

5.2 Ownership

You retain ownership of your User Content. However, by submitting User Content to the App, you grant us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, display, reproduce, modify (for formatting purposes), and distribute your User Content solely for the purpose of operating and providing the App's services.

5.3 Licence Duration

This licence continues for as long as your User Content remains on the App. When you delete your User Content or your account, we will remove it in accordance with our Privacy Policy, except:

5.4 Content Standards

You represent and warrant that your User Content:

5.5 Content Moderation

We reserve the right (but are not obligated) to review, remove, or disable access to any User Content that we reasonably believe violates these Terms, poses a safety risk, or exposes the service to legal, compliance, or operational risk. Such review and removal may be performed by authorised platform administrators via the administrative interface described in Section 4.4 and Privacy Policy §6.2. We may act without prior notice.

Every administrative content action (review, remove, disable, restore) is recorded in our append-only administrative audit log for accountability.

6. Dive Safety Disclaimer

6.1 The App is a social coordination tool. It is NOT:

6.2 You acknowledge and agree that:

6.3 We are not responsible for:

7. Intellectual Property

7.1 Our Intellectual Property

The App and its original content (excluding User Content), features, and functionality are owned by Freedive Finder and are protected by copyright, trademark, and other intellectual property laws of Australia and international treaties.

7.2 Restrictions

You must not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the App or its content without our prior written consent, except as expressly permitted by these Terms or by law.

7.3 Feedback

If you provide us with suggestions, ideas, or feedback about the App ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free licence to use that Feedback for any purpose without obligation to you.

8. Third-Party Services

8.1 The App integrates with the following third-party services:

8.2 Your use of third-party services is subject to those providers' own terms and privacy policies. We are not liable for any third-party service's availability, accuracy, or conduct.

8.3 We are not responsible for the content or practices of any third-party website or service linked to or from the App.

9. Account Suspension and Termination

9.1 Termination by You

You may stop using the App and delete your account at any time via Settings → Account → Delete My Account. You can also contact us at christopher@freedivefinder.com if you cannot access the in-app flow.

9.2 Suspension or Termination by Us

We may suspend or terminate your account, without prior notice, if:

9.3 Effect of Termination

Upon termination:

10. Limitation of Liability

10.1 Australian Consumer Law Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

10.2 Limitation Where Permitted

To the maximum extent permitted by law, and subject to Section 10.1:

10.3 Acknowledgement

You acknowledge that the App is provided free of charge and this is reflected in the allocation of risk in these Terms.

11. Indemnification

11.1 To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Freedive Finder from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

12. Dispute Resolution

12.1 Informal Resolution

Before commencing formal proceedings, you agree to first attempt to resolve any dispute with us informally by contacting us at christopher@freedivefinder.com. We will endeavour to resolve the dispute within 30 days.

12.2 Mediation

If informal resolution is unsuccessful, either party may refer the dispute to mediation administered by the Resolution Institute, with the costs of mediation shared equally.

12.3 Court Proceedings

Either party may commence court proceedings at any time if:

13. Changes to These Terms

13.1 We may update these Terms from time to time. We will provide reasonable notice of material changes by:

13.2 Your continued use of the App after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the changes, you must stop using the App and may request account deletion.

13.3 We will not make retrospective material changes to these Terms that adversely affect your rights without your explicit consent.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and any courts that may hear appeals from those courts.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements.

14.5 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.6 Force Majeure

We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemic, war, terrorism, government action, power failure, internet disruption, or telecommunications failure.

15. Contact Us

For questions about these Terms:

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