Terms of Service

1. Who these terms are for

These terms govern the use of the DiveHQ platform ("DiveHQ", "we", "us"), a service of DiveHQ Pte. Ltd., Singapore (incorporation in progress; until it is completed, the contracting party is the DiveHQ team, contactable at hello@divehq.cloud), reachable at divehq.cloud, on operator subdomains such as yourname.divehq.cloud, and on the agency portal. They apply to four kinds of people:

• Operators — a liveaboard, dive resort or dive center that subscribes to DiveHQ to run its bookings and operations. Sections 3 to 9 and Annex A are mainly for you.
• Guests — divers who book or pay for a trip, a dive or a room with an operator through a site DiveHQ hosts. Section 10 is for you.
• Agencies — travel agencies, dive shops and group leaders who sell an operator's departures through the agency portal. Section 11 is for you.
• Visitors — anyone reading divehq.cloud or the marketplace.

By creating an account, signing an onboarding agreement, or using a DiveHQ-hosted site, you accept these terms. If you accept them for a company, you confirm you are allowed to. DiveHQ is offered to businesses: an operator or agency accepts these terms in the course of its business, not as a consumer.

2. What DiveHQ is

DiveHQ is booking and operations software delivered as a service. We host it, keep it running, back it up and improve it; you use it from a browser. There are two products:

• Liveaboard Management — cabin-based booking, trip scheduling, guest forms and waivers, payment schedules, onboard point of sale, agency portal, e-mail and WhatsApp automation, reporting.
• Dive Resort & Dive Center Management — the same platform for daily diving, courses and, in the Dive Resort package, rooms. This product is in early access: it is usable and supported, and some modules are still being finished with the first operators.

DiveHQ is not a travel agent, a payment institution or a party to any booking. Every booking made on a DiveHQ-hosted site is a contract between the guest and the operator.

3. Plans, prices and free period

Prices are per business, in euros, net of VAT and any local taxes, and are the ones published on divehq.cloud/pricing on the day you subscribe:

• Liveaboard Management: €75 per month, up to 2 boats included. The first 3 months are free, no card required. A larger fleet is priced on request.
• Dive Center: €50 per month, for a dive center without accommodation.
• Dive Resort package: €150 per month, Dive Center plus the rooms module.

For Dive Resort and Dive Center, a free trial period is agreed in writing at onboarding; there is no default duration. A free period ends on the date stated in that agreement or, for Liveaboard, 3 months after your account is activated. The end date is set when your account is activated; ask us if you are unsure of it. Nothing is charged during a free period, and you can leave at its end at no cost.

0% commission. We take no percentage of your bookings, your payments or your onboard sales, and no fee per user. Fees charged by your own payment provider (Stripe, Xendit, PayPal or your bank) are between you and them.

We may change our prices with 30 days' written notice. A change applies from your next billing period after the notice; if you do not want it, you can cancel before it applies.

4. Billing and payment

• The subscription is billed monthly, in advance, from the day your free period ends. Each invoice is sent by e-mail to the billing contact on your account.
• Yearly plan. You can choose instead to pay for a year at a time, at ten times the monthly price (€750 for Liveaboard Management, €500 for Dive Center, €1,500 for the Dive Resort package). A yearly plan is billed in advance for the whole year, from the day your free period ends or from your next billing date.
• Payment is due within 14 days of the invoice date, by the method agreed at onboarding (bank transfer or card).
• If an invoice is unpaid 14 days after it was due, we send a reminder. If it is still unpaid 30 days after it was due, we may suspend access to your admin until it is settled. Suspension is a decision we take by hand, after telling you; your public booking pages and your data stay online during it, and access is restored as soon as payment arrives.
• A started month is invoiced in full; we do not pro-rate.
• Prices are net: any VAT, goods and services tax, withholding tax or bank charge that applies to your payment is added to it or borne by you, so that we receive the invoiced amount.

5. Cancellation and refunds

• You can cancel at any time, without a reason and without a fee, by e-mailing hello@divehq.cloud from the account owner's address. There is no minimum term.
• On a monthly plan, cancellation takes effect at the end of the billing month already invoiced. Until then the service keeps working normally.
• We do not refund the month in progress. We do refund any month invoiced by mistake after your cancellation.
• On a yearly plan, cancellation takes effect at the end of the year already paid, and the service keeps working until then. Unused months are not refunded, unless the law requires it or DiveHQ itself ends the service before the end of the paid year (for example under section 19, section 20 or Annex A, A8), in which case we refund the unused part of the year pro rata.
• After cancellation your data is handled as described in section 6.

6. Your data

• It is yours. Bookings, guests, prices, documents, invoices and everything else you enter or that guests enter on your site belong to you. Your customer database is the exclusive property of your business. We use it to provide the service, to support you, and as described in our privacy policy.
• Statistics, never resale. DiveHQ may use operator and customer data for quality and statistical studies that improve the service, only in aggregated or anonymised form, and never including guests' health data. It is never sold, rented or passed to a third party for its own purposes, and we do not share one operator's data with another.
• Isolated and backed up. Each operator runs in its own database, with its own file storage, on its own subdomain. Every night we back up all databases and all files, including private documents and signed waivers, in full on the server, and keep those backups 3 days so we can restore the service after an incident. They are a safety net, not a history. We may later add an encrypted off-site copy for disaster recovery, keeping only the last one or two nights; if we do, we will tell you as for any new sub-processor (Annex A, A8).
• You can take it out. On request we provide a full export of your data (database and uploaded files) at any time while you are a customer, and within 30 days of cancellation. There is no charge for it.
• After you leave. Your account stays readable for 30 days after cancellation so you can export. We then delete your database and files within 90 days of the end of the contract; deleted data disappears from our backups when they expire, after 3 days. The export and the deletion are carried out by our staff following a documented procedure, not by an automatic job. Invoices we issued to you are kept as long as accounting law requires.
• Guest data. For your guests' personal data you are the controller and we are your processor: we act on your instructions and protect it as set out in section 7, Annex A and the privacy policy. You are responsible for having a lawful basis to collect it and for your guests' privacy notices.
• Keep your own copy. Our backups go back 3 days at most. Any history beyond that — to recover something deleted or changed more than 3 days ago, or to keep records for as long as your law requires — is your responsibility: keep your own exports, or schedule backups from your account to your own Google Drive or Dropbox. We cannot restore anything older than our oldest backup.

7. Data processing

When DiveHQ processes personal data on your behalf — your guests, your staff, the agencies you work with and their clients — it does so as your processor (under Singapore's PDPA, your "data intermediary"; under Indonesia's Law No. 27 of 2022, your Prosesor Data Pribadi). Annex A — Data Processing Terms forms part of these terms and is our data processing agreement with you, including for the purposes of article 28 of the GDPR. It sets out the subject matter and duration of the processing, its nature and purpose, the categories of data and of people concerned, our security measures, our sub-processors, how we notify a breach, how you can audit us, and how data is returned and deleted. If these terms and Annex A disagree on personal data, Annex A wins.

8. Operator responsibilities

As an operator you agree that:

• the trips, prices, availability, cancellation conditions and descriptions you publish are accurate, and you honour bookings made on them;
• you hold the licences, permits and insurance your operation needs, and you comply with local law, park rules and diving safety standards;
• you use your own payment provider accounts (Stripe, Xendit, PayPal, bank). Guest payments go to you, not through us; refunds, chargebacks and taxes on your sales are yours to handle (section 9);
• you keep your login credentials safe, give each staff member their own account with the role they need, remove accounts when people leave, and are responsible for what happens under your team's accounts;
• content you upload (photos, texts, logos) is yours or you have the right to use it, and you allow us to display it on your site, in the agency portal and on the marketplace.

Toward your guests, as the controller of their data, you also agree that:

• you have a lawful basis for every piece of guest data you collect through DiveHQ, collect only what your operation needs, and give your guests a privacy notice (for example in your booking conditions) that names you as controller and DiveHQ as your software provider;
• you obtain the guest's explicit consent before collecting health data through the medical questionnaire, and the consent of a parent or legal guardian for a minor;
• the waivers and forms you use are your own legal documents. DiveHQ supplies model texts as a starting point; you are responsible for reviewing them and for their validity under the law that applies to you and your guests;
• you send e-mails and WhatsApp messages only to guests who expect them, respect opt-outs, and follow the rules of your messaging provider (including Meta's WhatsApp Business policies);
• if you enable Google Analytics, Google Ads, Google Tag Manager or the affiliate module on your site, you obtain any cookie consent your visitors' law requires. DiveHQ does not currently provide a consent banner for these;
• you answer your guests' requests to access, correct or delete their data, with our help where needed (Annex A, A10), and you decide how long guest records are kept in line with your own legal obligations;
• you never enter full card numbers or card security codes in any DiveHQ field, note or document.

9. Payment gateways

• Online payments on your site go through your own merchant account with Stripe, Xendit or PayPal, under your own contract with that provider. DiveHQ never receives, holds or transfers your guests' money, and is not a payment institution, escrow or collection agent.
• Card data is entered on the payment provider's own page and never reaches DiveHQ's servers. The provider is responsible for processing the payment securely.
• You are responsible for your provider account: its keys, its fees, its payouts, refunds, disputes and chargebacks, and its decisions to hold or close your account. If you pass a processing fee on to guests, you are responsible for complying with your provider's, the card schemes' and your local law's rules on surcharges.
• DiveHQ records the payments your provider confirms. If a provider is unavailable or rejects a payment, we are not liable for the consequences, but we will help you understand what happened.

10. Guests booking with an operator

If you book or pay on a site hosted by DiveHQ, your contract — price, cancellation conditions, what is included, safety requirements — is with the operator, under the conditions shown to you when you booked. The operator is the seller and the party responsible for the trip. DiveHQ provides the software and stores your booking on the operator's behalf.

• Payments are collected by the operator's payment provider; DiveHQ never sees your full card details and never holds your money.
• Questions about your booking, changes and refunds go to the operator. If you cannot reach them, write to us and we will pass your message on.
• Diving carries inherent risks. The forms and waivers you sign are the operator's; read them.
• How your personal data is handled is described in the privacy policy; you can ask for a copy or deletion at privacy@divehq.cloud.
• Nothing in these terms limits the rights a guest has as a consumer under the law of their country.

11. Agency portal

• The agency portal is free for agencies. DiveHQ charges agencies nothing and takes no share of any commission.
• An agency sees an operator's departures only after that operator has approved the partnership. The commission rate, the conditions and the invoicing are set by each operator; DiveHQ only computes and records them.
• Agencies must not disclose an operator's net price to end customers, and must not use the portal to collect data beyond what the booking needs.
• An agency that enters its clients' personal data is responsible for having the right to share it with the operator for the booking, and for telling its clients so.
• An operator can revoke an agency's access at any time; we can close an agency account that breaks these terms.

12. Marketplace listing and partner feeds

• Every active liveaboard operator gets a free listing on divehq.cloud, generated from the boats and departures published in their own account, including a link to the operator's own website. We do not charge for the listing and take no commission on anything it generates.
• The listing is a directory page. It does not include reviews, a checkout, or a guarantee of traffic or bookings, and we do not present it as such.
• We may edit, reformat or remove a listing that is inaccurate, unlawful or that harms other operators, and we remove listings when a subscription ends.
• The listing, the partner feeds you can enable (for example for ScubaDates, LiveaboardHub or Google Merchant Center) and the read-only Partner Availability API publish only trips, boats, dates, prices and availability — never guest data. You decide which feeds to enable and who receives their links.

13. Availability, support and custom work

• DiveHQ is used every day by the dive businesses behind it and we aim to keep it available around the clock. We do not promise a specific uptime figure. Planned maintenance is announced in advance where possible and scheduled outside UTC+8 working hours.
• Support is by e-mail and WhatsApp (UTC+8), normally within one working day.
• To help you, a DiveHQ super-administrator may open a support session in your account. It needs a written reason, starts from a single-use link valid 60 seconds tied to the administrator's IP address and browser, lasts 60 minutes at most with a permanent banner in your back office, and every session is recorded.
• Reasonable custom requests — a workflow, a form field, an integration — are handled by our team as part of your plan, at our discretion and on our schedule. We will tell you if a request is out of scope or would need a separate quote before doing any work you would be charged for. Anything we build stays part of the platform.
• We improve DiveHQ continuously. We may change, replace or retire a feature; if we remove a feature you rely on in a way that materially reduces the service, we tell you in advance and you may cancel without notice period.

14. Acceptable use

You must not use DiveHQ, or let anyone use it under your account, to:

• break the law, or collect, store or share personal data without the right to do so;
• send spam or messages to people who did not agree to receive them;
• attack, probe, scan or overload our systems, or test their security without our written permission;
• access another operator's data, scrape the platform, or get around access controls, limits or support-session protections;
• copy, resell, sublicense or reverse engineer the software, except where the law expressly allows it, or use it to build a competing product;
• create fake accounts, bookings, listings or reviews, or impersonate anyone;
• upload malicious code, or content that is unlawful, infringing, defamatory or discriminatory;
• store full card numbers, card security codes or passwords of third parties in DiveHQ fields, notes or documents.

We may act immediately on a breach, including by removing content or suspending access (section 20).

15. Intellectual property

The DiveHQ software, its design and its documentation are ours. Your subscription gives you a non-exclusive, non-transferable right to use them for your business while it lasts. Your data and your content stay yours (section 6). Feedback and feature ideas you give us may be used without obligation. The model waiver and form texts we supply may be used and adapted by you within DiveHQ.

16. Confidentiality

Each side keeps confidential the non-public information it receives from the other — for DiveHQ, your data, prices, contracts and business figures; for you, our non-public product information, security measures and terms negotiated with you — and uses it only for the purpose of these terms. This does not apply to information that is public through no fault of the receiving side, was already lawfully known to it, or must be disclosed by law or a court, in which case the disclosing side is told first where the law allows. This obligation lasts for the contract and three years after it ends, and for personal data, without time limit.

17. Indemnity

As an operator or agency, you will defend and compensate DiveHQ against claims by third parties (including guests, agencies, authorities and payment providers) and the reasonable costs that result, to the extent they arise from: the trips, dives, accommodation, transfers and other services you sell; the content and data you upload or publish; your use of DiveHQ in breach of these terms or of the law, including data protection law as controller of your guests' data; and disputes between you and your guests, agencies, staff or providers. We will tell you promptly of such a claim and let you take part in its defence.

18. Liability

• We are responsible for providing the service with reasonable skill and care. Apart from what these terms expressly say, the service is provided as it is and as available, without other warranty (for example that it will be uninterrupted or error-free, or fit a particular purpose).
• We are not responsible for the trips, dives, accommodation or payments an operator sells, for disputes between operators, agencies and guests, for weather or third-party outages (payment providers, messaging providers, e-mail providers, Google services, hosting networks), or for losses caused by inaccurate data entered by a user or by the use of a compromised account.
• To the extent the law allows, our total liability to an operator for anything arising from these terms is limited to the subscription fees that operator paid us in the 12 months before the claim or, if that operator paid no fees in that period, one hundred euros (EUR 100), and we are not liable for indirect losses such as lost profit or lost bookings, loss of goodwill, or the cost of replacement services.
• If data is lost or corrupted through our fault, our obligation is to restore it from our most recent backup without charge, and to help you re-enter what that backup does not contain.
• Nothing here limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be limited by law.

19. Force majeure

Neither side is liable for a delay or failure caused by events beyond its reasonable control — for example natural disasters, storms, pandemics, war, government action, failures of power, telecommunication or internet networks, failures of hosting, payment or messaging providers not caused by that side, or large-scale cyberattacks — provided it tells the other side promptly and does what it reasonably can to limit the effect. This does not suspend an obligation to pay amounts already due. If such an event prevents the service for more than 30 days in a row, either side may end the contract by notice.

20. Suspension and termination

• We may suspend or close an account for non-payment (section 4), for a breach of these terms, or if we are required to by law. Except in urgent cases we give notice first and time to fix the problem.
• Urgent cases are a threat to the security or integrity of the platform or of other operators' data, unlawful content or activity, or a serious breach of section 14. Then we may suspend the account, or the part of it concerned, immediately and tell you as soon as possible.
• You may end the contract at any time as described in section 5.
• When the contract ends, your right to use DiveHQ ends, and your data is exported and deleted as described in section 6 and Annex A. Sections 6, 7, 9 and 15 to 24 and Annex A continue to apply after the end for as long as they are relevant.
• If we ever stop offering DiveHQ, we give at least 90 days' notice, keep your export available during that time, and refund pro rata any period paid in advance beyond the end of the service.

21. Changes to these terms

We may update these terms. For changes that reduce your rights or increase your obligations we give 30 days' notice by e-mail to the account owner; continued use after that date is acceptance. If you do not accept a change, you can cancel before it applies. A change required by law or to fix a security issue may apply sooner; we tell you why. The date at the top of this page is the current version.

22. Notices

Notices to us must be sent by e-mail to legal@divehq.cloud (or privacy@divehq.cloud for personal data). Notices to you are sent by e-mail to the account owner's address, or shown in your admin. Keep that address up to date. An e-mail notice is treated as received on the next working day after it is sent, unless the sender receives a delivery failure.

23. Governing law and disputes

These terms are governed by the laws of Singapore. Before any court action, both sides agree to try to settle a dispute in good faith by e-mail or call within 30 days. If that fails, the courts of Singapore have exclusive jurisdiction, except that either side may seek urgent interim relief in any competent court. This does not take away a consumer's right to rely on the mandatory law of, or bring a claim in, their own country.

24. General

• Entire agreement and order of precedence. These terms, Annex A, the prices on the pricing page on the day you subscribed and any onboarding agreement signed with you form the whole agreement between us on DiveHQ. If they disagree, a signed onboarding agreement wins for what it expressly covers, then Annex A for personal data, then these terms, then the pricing page. Sales pages, e-mails and demos do not change them.
• Severability. If a court finds a provision invalid or unenforceable, it is applied to the greatest extent allowed and the rest of these terms remains in force.
• No waiver. Not enforcing a right at once does not mean giving it up.
• Assignment. You may not transfer your account or these terms without our written agreement. We may transfer them to DiveHQ Pte. Ltd. once its incorporation is completed, or to a successor of the DiveHQ business, and will tell you if we do.
• Independent parties. Nothing in these terms makes us partners, agents or employer and employee.
• Third parties. Except where they expressly say so, these terms give no rights to anyone who is not a party to them, including under Singapore's Contracts (Rights of Third Parties) Act 2001.
• Language. These terms are written in English; if they are translated, the English version prevails.

25. Contact

DiveHQ Pte. Ltd., Singapore (incorporation in progress)
Operations: Labuan Bajo, Indonesia
Sales and support: hello@divehq.cloud
Legal: legal@divehq.cloud
Privacy: privacy@divehq.cloud