This English version is a reference translation provided for convenience. The Japanese version is the governing text; in the event of any discrepancy, the Japanese version prevails.
Terms of Service
These Terms of Service (the “Terms”) set out the rights and obligations between every person who uses the Service (each a “User”) and the person who operates the Service (the “Operator”). By using the App, a User is deemed to have agreed to these Terms.
Article 1 (Description of the Service)
- The Service is an application service for smartphones that allows Users to post, share, and view diving photos, videos, and text as well as dive logs.
- The specific features and specifications of the Service may be added, changed, or removed at the Operator’s discretion.
Article 2 (Registration)
- To use the Service, a User must register an account by the method prescribed by the Operator.
- The information provided at registration shall be true and accurate.
- Users shall manage their account information at their own responsibility, and the Operator shall not be liable for any unauthorized use by a third party.
Article 3 (Account Management)
- Users shall not allow any third party to use their account, nor transfer, lend, or share it.
- If the Operator determines, on reasonable grounds, that a User has violated or is likely to violate these Terms, the Operator may restrict or suspend the use of the account concerned.
Article 4 (Posted Content)
- Copyright in the photos, videos, text, location information, and other content that a User posts to the Service (“Posted Content”) belongs to that User.
- The Operator may use Posted Content free of charge and on a non-exclusive basis (including reproduction, display, distribution, and adaptation), solely for the purposes of operating, improving, and enhancing the quality of the Service and of publicity and promotion (including on the official website, social media, and in-app displays).
- Users warrant that their Posted Content does not infringe the rights of any third party.
Article 5 (Prohibited Conduct)
When using the Service, Users shall not engage in any of the following:
- Conduct that violates laws or regulations or public order and morals
- Expressions that promote or encourage dangerous behavior in diving, or that are misleading about it
- Posting false or seriously misleading information
- Conduct that infringes the rights (including copyright and privacy) of other Users or third parties
- Conduct that interferes with the operation of the Service
- Any other conduct that the Operator determines, on reasonable grounds, to be inappropriate
Article 6 (Removal of Posts, Restriction of Use, and Account Deletion)
- If the Operator determines, on reasonable grounds, that Posted Content violates the preceding Article, the Operator may delete or hide that content without prior notice.
- If the Operator determines, on reasonable grounds, that a User’s conduct violates these Terms, the Operator may take measures such as restricting use, suspending the account, or deleting the account.
- Even if an account is deleted, Posted Content and other data may be deleted, retained, or continue to be displayed at the Operator’s discretion.
- The handling described in the preceding paragraph shall be determined at the Operator’s discretion, taking into account the operational and technical circumstances of the Service.
Article 7 (Paid Plans)
- In addition to the free plan, the Service may offer paid features available as one-time purchases and paid plans available as subscriptions.
- Details of what is charged, prices, payment methods, and service periods are displayed in the App or on related pages.
- Cancelling a subscription plan takes effect to stop charges from the next renewal date onward. Even after the cancellation is completed, the User may continue to use the plan for the remainder of the period already paid for.
Article 8 (Refunds)
- As a rule, no refunds are given for paid plans or paid features for the User’s own reasons.
- However, refunds may be given as an exception where required by law or where the Operator determines, on reasonable grounds, that a refund is necessary.
Article 9 (Disclaimer)
- Users shall use the Service with a full understanding that diving is an activity that involves risk depending on factors such as depth, environmental conditions, and health.
- Information published in the Service is provided for reference only, and the Operator does not guarantee its accuracy, safety, or usefulness.
- The Service does not provide medical, professional, or safety advice.
- The Operator shall not be liable for any damage incurred by a User in connection with the use of the Service, except where caused by the Operator’s intent or gross negligence.
Article 10 (Changes, Suspension, and Termination of the Service)
- The Operator may change or suspend all or part of the Service without prior notice.
- If the Operator terminates the Service, the Operator shall notify Users a reasonable period in advance through in-app notifications or other appropriate means.
- The Operator shall not be liable for any damage incurred by Users as a result of changes to, or the suspension or termination of, the Service.
Article 11 (Handling of Personal Information)
The Operator handles Users’ personal information appropriately in accordance with the separately established Privacy Policy.
Article 12 (Changes to These Terms)
- The Operator may change these Terms as necessary.
- When these Terms are changed, the Operator will inform Users through in-app notifications or other means that the Operator deems appropriate.
Article 13 (Governing Law and Jurisdiction)
- These Terms are governed by the laws of Japan.
- Any dispute arising between a User and the Operator in connection with the Service shall be subject to the exclusive jurisdiction of the Japanese court having jurisdiction over the Operator’s location as the court of first instance.