PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND REGISTERING FOR, ACCESSING AND/OR USING THE DIVE.MANAGEMENT SERVICE.
By creating an Account in Dive.Management and/or by joining an existing Account and/or by accepting an invitation to join an existing Account in Dive.Management as an Authorized user (as defined below) and/or by accessing and using the Dive.Management Service (defined below) or our websites, Dive.Management and/or any other website that we operate (each, together with its sub-domains, content and services, the "Sites"), you accept these terms of service (the "Terms"), and you acknowledge that you, on your own behalf as an individual and on behalf of your employer or another legal entity (collectively, "you" or "your"), have read and understood and agree to comply with the terms and conditions below, and are entering into a binding legal agreement with Dive.Management ("dive.management", "us", "we" or "our"). If you are creating an Account ("Account" or "Organization Account" as defined below) (A) you are entering into these Terms on behalf of an Organization (your Organization, your employer Organization or any other entity), (B) if you or your Organization are subject to the GDPR, you also accept our Data Processing Agreement available at Data Processing Agreement, and (C) you represent and warrant that you have or you were granted full authority to bind the aforesaid Organization to these Terms. If you do not agree to comply with and be bound by these Terms or do not have authority to bind the Organization or any other entity, please do not accept these Terms or access or use the Service, the Sites and do not provide Personal Data to us. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. For clarity, these Terms also apply on each Authorized User (defined below) and as an Authorized User, upon the creation of a User Account (defined below), you hereby agree to any terms that apply to you and that are specified hereunder.
"Account" – an individual electronic account activated by the Service for the users to enable them to use the services. "Admin" means any Authorized User who has been specified as the organization administrator as defined in section 5.2 below.
"Assistance" – technical support for the Guests, Authorized Users, Members of the Software.
"Authorized User" means any individual who has been supplied with user identification and password to access and use the Service on behalf of your Organization. Authorized Users may include but are not limited to your employees, consultants, contractors and agents, and third parties with which you transact business.
"Consumer" – a physical person performing a legal act (contract for the provision of services) not directly related to its business or professional activity.
"Dashboard" means a place that contains widgets, tools or information based on data belonging to the Organization or Member. Dashboard and presented data can be personalized, limited, restricted or blocked by the Admin.
"Dashboard Owner" means a user with permissions to the Dashboard and any other Member (as defined below) who may have permissions to the personalized Dashboard.
"Member" means an Authorized User that is engaged by the Organization (such as employees).
"Organization" means the team, company, organization or any other entity that you either represent or belong to and that defines the Authorized Users that are using our Service under the same Organization Account.
"Personal Data" means any information relating to an identified or identifiable natural person (‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and/or any data considered "personal data" and/or "personally identifiable information" by any data protection or privacy law or regulation.
"The service" – a service provided by Dive.Management to the User under this Agreement.
"User" – the adult or (agreed by legal representatives) person under eighteen, legal person or organizational unit without legal personality who uses the services provided by the Service.
Dive.Management system is made available to you on a software as a service (SaaS) basis (the "Service") through a web portal on our Sites or via the Dive.Management desktop software (the "Software") or via the Dive.Management application (the "App") and includes: (i) the software that you access via the Sites or the Desktop Software or the App; (ii) any other products, services, and features made available or provided to you by Dive.Management in connection with the Service; and (iii) the trademarks, service marks and logos ("Marks"), content, text, documents, descriptions, products, graphics, photos, sounds, videos, interactive features, (together with the Marks, "Content"), contained in or made available through the Service.
The site Dive.Management is intended to provide you with information about Dive.Management and its products and services, to enable you to purchase a subscription to the Service, and provide subscribers to the Service with a web portal to access the Service. For clarity, the term "Site(s)" includes all Content (defined above) on the Sites, but excludes the Service, unless otherwise specified herein.
If you, access and use the Sites and/or the Service, you represent and warrant that you are at least 18 years old. The Sites and/or Service are only intended for individuals aged sixteen (16) years or older. If you are under 16 years please do not visit, access or use the Sites and/or Service. If you are between 16 and 18 years of age, then you must review these Terms with your parent or guardian before visiting, accessing or using the Service and the Sites make sure that you and your parent or guardian understand these Terms and agree to them by sending a written communication to firstname.lastname@example.org stating such agreement to these Terms. We reserve the right to request proof of age at any stage so that we can verify compliance with this paragraph. In the event that it comes to our knowledge that a person breaches this paragraph, we may prohibit and block such user from accessing and/or using Service, the App or the Sites. You may not access and use the Service if you are, and you represent and warrant that you are not, a competitor of Dive.Management.
Subject to your, as an Authorized User, compliance with these Terms, and the payment of applicable Fees by the Organization (defined below), Dive.Management hereby grants you, and you accept, a non-exclusive, non-transferable, non-sublicensable, and fully revocable subscription ("Subscription") to access and use the Service during the Subscription Period (defined below).
The Subscription to the Service is subject to any restrictions or limitations set forth in the Order Form, including, but not limited to, the number and type of Authorized Users. "Order Form" means Dive.Management's then- current online or hard copy order form which you must complete and submit to Dive.Management in order to purchase a subscription to the Service, where you will be requested: (i) to sign up for a paid plan for your Organization; (ii) to pay the applicable Fees.
Dive.Management provides the following service functionalities as a part of the Service. Dive.Management may add other functionalities and/or modify some of the functionalities at its own discretion and without further notice, however, if we make any changes in the functionality of the Service that we find to be material, then we will notify you by posting an announcement on the Sites and/or via the Service or by sending you an email.
Authorized Users can be involved in multiple Subscriptions of the Service, either as an Admin or a Member. When you sign up for an Organization Account for your Organization you may designate in an Order Form different types of Authorized Users, in which case pricing and functionality may vary according to the type of Authorized Users. You as an Admin must ensure that each Authorized User is aware of these Terms and its provisions, prior to using the Service. Without limiting the foregoing sentence, you shall procure each Authorized User's compliance with the restrictions and obligations in these Terms and shall be primarily responsible and liable for the acts and omissions of each Authorized User.
We hereby grant you permission to visit and use the Sites for your information and personal use only, subject to these Terms and your compliance with applicable law.
Except as expressly permitted in these Terms, you may not, and shall not allow an Authorized User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Sites to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Sites or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Sites; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service or Sites, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service or Sites, or any part thereof; (v) use any robot, spider, scraper, or other automated means to access or monitor the Service or Sites for any purpose; (vi) take any action that imposes or may impose (at Dive.Management's sole discretion) an unreasonable or disproportionately large load on the Dive.Management infrastructure or infrastructure which supports the Sites or Service; (vii) interfere or attempt to interfere with the integrity or proper working of the Service or Sites, or any related activities; (viii) remove, deface, obscure, or alter Dive.Management's or any third party's identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Sites, or use or display logos of the Service or Sites without Dive.Management’s prior written approval; (ix) use Dive.Management’s Marks without our prior written consent; (x) use the Service or Sites to develop a competing service or product; (xi) use the Service or Sites to send unsolicited or unauthorized commercial communications; and/or (xii) use the Service or Sites in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose, or in breach of these Terms, any terms and conditions of any third-party product or service you use, or agreement you have entered into with any third party. Without derogating from the above, each Organization agrees to remain liable to Dive.Management for any act or omission of an Authorized User that would constitute a breach of these Terms if such acts or omissions were by you.
In order to use the Service, an account should be created for the Organization ("Account" or "Organization Account"). If you are creating an Organization Account, you acknowledge and agree: (i) to provide accurate and complete Organization Account and login information; (ii) to keep, and ensure that, all Account login details and passwords are secured at all times; and (iii) to remain solely responsible and liable for the activity arising out of any failure to keep your Account details confidential; and(iv) to promptly notify Dive.Management in writing if you become aware of any unauthorized access or use of the Organization Account or the Service and/or any breach of these Terms. You further represent and warrant that in creating the Organization Account: (i) your Organization do not reside in any proscribed state nor in any state that is embargoed by the United States department of commerce or any applicable law; (ii) your Organization is solvent and has not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability into entering into agreements such as these Terms; (iii) your Organization was not previously blocked by Dive.Management from having an Account or otherwise using the Service and (iv) your Organization complies with data protection laws and/or regulations.
In order to use the Service within an existing Organization Account and become an Authorized User, you are required to create a personal user account ("User Account"). In creating your User Account, you acknowledge and agree: (i) to provide accurate and complete User Account and login information; (ii) to keep, and ensure that, your User Account login details and password are secured at all times; and (iii) to remain solely responsible and liable for the activity arising out of any failure to keep your User Account details confidential; and (iv) to promptly notify Dive.Management in writing if you become aware of any unauthorized access or use of your User Account or the Service. You further represent and warrant that in creating your User Account you were not previously blocked by Dive.Management from having a User Account or otherwise using the Service.
While using the Service, Authorized Users may submit certain content, data or information to the Service, such as (i) images and/or text and/or videos used in creating content through the service, as well as comments; (ii) images or videos retrieved from third parties in such items; (iii) description, text and information processed through the Service; (iv) submissions made through the Service or any other data which is stored on, or otherwise processed by the Service ("Customer Data"). You, as the Organization (the sole owner of the Customer Data, as further set forth in Section 12.2) hereby grant us a royalty free, worldwide, non-exclusive license to use, process, access, modify, display, copy and store Customer Data in order to provide the Service to you, perform our obligations, and enable you to share the Customer Data or interact with other people, to distribute and publicly perform and display Customer Data as you (or your Organization) direct or enable through the Service.
Dive.Management agrees during the Term to implement reasonable security measures to protect Customer Data and will, at a minimum, utilize industry standard security procedures. However, because of the nature of the Service, which combines public and private information that is conveyed over the public internet, to the maximum extent permitted by law: (i) Dive.Management shall not be held liable for any damage caused as a result of your use of the Service, their unavailability, any error or faults in the Service and (ii) You alone shall be responsible and liable for the maintenance and backup of all your Customer Data.
The Sites may permit the publishing of certain data, information or content by you and other users ("User Submissions"). For clarity, the term User Submissions in this Section 10 shall not apply to any Customer Data. You understand that whether or not such User Submissions are published, we do not guarantee that other users will not copy or redistribute User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing, adding or uploading them. We reserve the right in our sole discretion and without further notice to you, to remove, delete, and/or remove any and all User Submissions posted on the Sites at any time and for any reason.
You as an Authorized User or a Sites' user represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Sites and these Terms. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, data protection, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
By submitting the User Submissions to the Sites, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to host, use, reproduce, distribute, prepare derivative works of, and display the User Submissions in connection with the Sites and our business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Sites or other viewer or user of the User Submissions a non-exclusive right to use, reproduce, distribute, prepare derivative works of, and display such User Submissions, all in accordance with these Terms.
You agree that you will comply with subsections 9.2(ii)(a)-(e), except that any reference thereof applying to Customer Data, shall be deemed to apply to User Submissions.
You understand and acknowledge that when accessing and using the Sites: (i) you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Dive.Management with respect to (i) and (ii) herein.
It is Dive.Management's policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at Copyright.
The Service, Sites and the API, including all Content contained or displayed on the Sites or Service (excluding Customer Data, User Submissions), are the property of Dive.Management and may be protected by applicable copyright or other intellectual property laws and treaties. As between You and Dive.Management, title and full, exclusive ownership rights in the Service and the Sites (and all parts of either, including the Content), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including data related thereto and to your usage of the Service and the Sites (excluding Customer Data and User Submissions), and Dive.Management's intellectual property rights, and any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to Dive.Management (its licensors, or its third party providers). "Dive.Management", the Dive.Management logo, and other marks are Marks of Dive.Management or its affiliates. All other trademarks, service marks, and logos used on the Sites or Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted herein in relation to the Service, Sites and the Content.
The intellectual property and all other rights, title and interest of any nature in and to Customer Data contained are and shall remain the exclusive property of the Organization and the Organization shall have the right at its sole discretion to access, and/or limit your access and/or remove and/or assign the ownership to any of the Customer Data you have generated. The Organization and the Organization Administrator shall be primarily responsible for dealing with, and honoring, Data Subject rights at the Organization’s cost and expense. To the extent that the Organization shall submit a request to Dive.Management with respect to the access and/or removal and/or ownership of the customer Data, as specified in this Section 12. 2, Dive.Management shall use commercially reasonable efforts to accept and follow such request provided that the Organization and the Organization Administrator cannot execute the request without our collaboration. Except as expressly set forth herein, nothing in these Terms shall be construed as transferring any rights, title or interests to Customer Data to Dive.Management or any third party.
It is anticipated that you, as an Authorized User or a Sites' user, may provide suggestions, comments or other feedback to the Dive.Management Service, the API (in case you are the Admin) and/or the Sites ("Feedback"). Feedback shall be deemed the sole property of Dive.Management without restrictions or limitations of any kind. Without derogating from the above, Dive.Management will be free to adopt such Feedback for any of its products or services, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You and Your Organization hereby waive any right to the Feedback, including but limited to, moral rights and any right for royalties or any other consideration. Without derogating from the above, you hereby grant us a worldwide, irrevocable, non- exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any information and/or content that you post, disclose, publish or otherwise make available in the course of Dive.Management's webinars, customer forums/blogs, community forums/blogs or any other similar event or venue, including without limitation for publishing and redistributing part or all of such information and/or content (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in such information and/or content, to the extent permitted by law.
Notwithstanding any other provision of these Terms, we may collect, use and publish Anonymous Information (defined below) relating to your use of the Service and/or Sites, and disclose it to provide, improve and publicize our products and services and for other business purposes. "Anonymous Information" means information which does not enable identification of an individual, such as aggregated and analytics information. Dive.Management owns all Anonymous Information collected or obtained by Dive.Management.
The Service is provided on a subscription basis for a set term specified in your Order Form ("Subscription Term") and shall manually or automatically renew for additional periods equal to the original initial term specified in your Order Form, unless either party gives the other notice of non-renewal before the end of the relevant subscription term. If you elected not to renew, you should send such non-renewal request to email@example.com. Dive.Management will confirm the non-renewal request when it is processed. If you do not receive a confirmation, please contact Dive.Management as soon as possible. The Fees during any such renewal term shall be the same as that during the prior term unless we have given you written notice of a pricing increase at least 30 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter. If you continue to access or use the Service past any Subscription Term renewal date, you shall be deemed to have renewed your subscription to the Service for the corresponding renewal period and shall be liable to pay all applicable fees in connection with such renewal period.
Dive.Management may terminate your use of the Dive.Management Service at any time and without prior written notice in any case where it believes that you or your Organization have breached these Terms and such breach may cause Dive.Management irreparable harm unless your User Account or the Organization Account is terminated immediately. Upon termination of these Terms, you shall cease all use of the Dive.Management Services.
Without derogating from your obligation to pay applicable Fees, you as the Organization Admin may terminate your subscription to the Service by cancelling your Organization Account through the tools that we make available within the Service or by sending a cancellation request to us at firstname.lastname@example.org, in which case we will use commercially reasonable efforts to respond within a reasonable time. The aforesaid Organization Account cancellation will take effect at the end of the then-current Billing Cycle (defined below) and you will not be charged for the subsequent Billing Cycle. For clarity, the Fees paid for the remainder of the then-current Billing Cycle following a request for cancellation are not refundable.
If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Sites or Service in any way, your only recourse is to immediately discontinue use of the Sites or Service (and cancel your subscription). Exercising Data Subject rights shall not give rise to refunds of Fees.
If we believe, in our sole discretion, that you, as an Authorized User, are using the Service in a manner that may cause harm to us or any third party, or in breach of these Terms or applicable data protection laws or regulations, then we may, without derogating from our right to terminate your Subscription as specified in these Terms, suspend or terminate your User Account or your access to and use of the Service, or parts thereof.
In consideration for the Service, Your Organization shall pay all fees designated in the Order Form.
The payments made to Dive.Management shall be made on a non-recurring or recurring basis, and shall be changed in accordance to your usage of the Service. All billing cycles are renewed manually or automatically for the same billing cycle. Fees for the current cycle (monthly, annual or bi-annual) (the "Billing Cycle") are based on the prevailing rate on the first date of such cycle according to the service selected. All Fees are stated, and shall be paid, in the currency selected by you, are non-refundable and, unless otherwise stated in the Order Form, are exclusive of all taxes, levies, or duties, which are your responsibility. If you are located in a jurisdiction which requires you to deduct or withhold taxes or other amounts from any amounts due to us, you must notify us in writing. In such a case, we reserve the right to assess the withheld amount or to increase the gross amount of the applicable payment so that, after the deduction or withholding for taxes, the net amount paid to us will not be less than the amount we would have received without the required deduction or withholding. The available payment methods and the required payment schedule are set forth in the Order Form.
You agree to promptly notify us of any changes to your billing information. In case you pay with credit card, you hereby authorize us to charge your credit card on a recurring basis for all applicable fees and to store your credit card information on our servers and/or on third parties’ payment processing providers servers. If you are invoiced for the service, all amounts are payable net 30 EOM, from the date of the invoice. Your payment may be processed through a third- party payment processing service, and additional terms may apply to such payments. We currently engage a third party, for online payment processing services, and in addition to these Terms, you agree that such third-party terms and conditions shall apply to your online payments of the Fees. We reserve the right to use other third-party payment processing services for such purposes in the future.
Should your use of the Service be in excess of your purchased package, for example by adding additional features or extensions, your payment shall be recalculated according to the time remaining in your outstanding balance and the addition shall be charged accordingly, in due time (in relation to the remaining portion of the then-current Billing Cycle).
If you have purchased the Subscription granted hereunder from a reseller or distributor authorized by Dive.Management ("Reseller") and pay the applicable Fees directly to Reseller, to the extent there is any conflict between this agreement and the agreement entered between you and the respective distributor, including any purchase order ("Reseller Agreement"), then, as between you and Dive.Management, these Terms shall prevail. Any rights granted to you in such Reseller Agreement which are not contained in these Terms, apply only in connection with the Reseller. In that case, you must seek redress or realization or enforcement of such rights solely with the Reseller and not Dive.Management. For clarity, your access to the Service is subject to our receipt from Reseller of the payment of the applicable Fees paid by you to Reseller. Upon termination and/or expiration of the agreement entered into between Dive.Management and the respective Reseller and subject to Dive.Management notifying you of such expiration and/or termination, Dive.Management shall issue an invoice directly to you and receive the applicable Fees directly from you in accordance with these Terms, at the end of the then-current Billing Cycle and any and all subsequent Billing Cycles.
We may offer a free, no-obligations trial subscription of the Service ("Trial Subscription") prior to charging for the Service Fees. The Trial Subscription, if any, shall commence on the date that you commence access or use of, as applicable, the Service, and will conclude at the end of the Trial Subscription displayed on the online or offline Order Form, or sooner if: (i) you upgrade your subscription by beginning to pay the applicable Fees for the Service, (ii) you request to terminate it sooner, or (iii) your use of the Service is terminated in accordance with these Terms. After completing the trial subscription, your account will automatically switch to the Freemium version, which is free and has restrictions on access to the features selected by the Dive.Management. During the Trial Subscription period, we may record the users’ sessions anonymously for the purpose of improving the Service.
You acknowledge and agree that these Terms are applicable and binding upon you during the Trial Subscription period and until you delete your Account, and that Dive.Management: (i) does not make any commitments in connection with the Service during that period; and (ii) may send you, subject to your opting out, communications and other notices about the Service to your email address. 19.3. We reserve the right to modify, cancel and/or limit this Trial Subscription at any time.
THE SITES AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY FOR ACCESSING AND USING THE SITES AND SERVICE AND FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS. DIVE.MANAGEMENT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DIVE.MANAGEMENT DOES NOT WARRANT THAT THE SERVICE OR ACCESS TO AND USE OF THE SITES OR SERVICE WILL BE UNINTERRUPTED, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.
DIVE.MANAGEMENT OFFERS NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY: (I) THAT THE SERVICE, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK OR PREVENT ALL VIRUSES, SPAM OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS; AND (II) REGARDING THE BACKUP OR STORAGE OF CUSTOMER DATA ON OR BY THE SERVICE.
DIVE.MANAGEMENT DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICE AND/OR THE SITE. YOUR USE OF AND RELIANCE UPON SERVICE OR SITE, OR CONTENT AND YOUR DATA (INCLUDING CUSTOMER DATA) IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND DIVE.MANAGEMENT, ITS AFFILIATES AND THIRD-PARTY PROVIDERS, SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING.
YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:
IN NO EVENT WILL, DIVE.MANAGEME ITS AFFILIATES AND THIRD-PARTY PROVIDERS, BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR: (I) ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL; AND/OR (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF DIVE.MANAGEMENT, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITES AND THE SERVICE), EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY) FOR IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION 21 SHALL APPLY: (I) EVEN IF DIVE.MANAGEMENT, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
Your Organization and you hereby warrant, represent and agree to indemnify, hold Dive.Management harmless and to indemnify Dive.Management and its respective affiliates, officers, directors, employees and agents from and against any and all claims, damage, obligations, liabilities, loss, expense, legal expense (including but not limited to attorney's fees) or cost incurred as a result of (i) your use of or inability to use the Services; (ii) your violation of these Terms, including any false representation; and/or (iii) your Customer Data and/or data protection laws, regulations or obligations.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service and/or the Sites as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, and/or (v) protect the rights, property or safety of Dive.Management, its users or the public.
We permit you to link to the Sites provided that: (i) you link to but do not replicate any page on this Sites; (ii) the hyperlink text shall accurately describe the Content as it appears on the Sites; (iii) you shall not misrepresent your relationship with Dive.Management or present any false information about us and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
If you are part of an agency, department, or other entity of the Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Service is restricted as applied to civilian agencies and to military agencies. Any such software is a "commercial item", "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the such software by the Government shall be governed solely by the terms of these Terms.
Portions of the Service may include third party open source software that is subject to third party terms and conditions ("Third Party Terms"). If there is a conflict between any Third Party Terms and these Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything to the contrary, Dive.Management makes no warranty or indemnity hereunder with respect to any third party open source software.
These Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by Dive.Management without restriction.
You acknowledge and accept that Dive.Management has the right to use your name, company's data, collective statistics based on your data and logo to identify you as a customer of Dive.Management or user of the Service, on Dive.Management’s web site, marketing materials or otherwise by announcements on social media.
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following our sending a notice thereof to you or posting the revised Terms on the Sites, and your continued use of the Service thereafter means that you accept those changes.
These Terms and any disputes between you and Dive.Management shall be governed by the laws of Poland, without reference to its conflict of laws rules.
The exclusive jurisdiction and venue for all disputes between you and Dive.Management shall be the courts located in Poland, and each party hereby irrevocably consents to the jurisdiction of such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms. Notwithstanding the foregoing, Dive.Management reserves the right to seek injunctive relief in any court in any jurisdiction.
If you download the App from the Apple, Inc. ("Apple") App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in these Terms: (i) You acknowledge and agree that:
(a) these Terms are concluded between Dive.Management and you only, and not with Apple, and Dive.Management and its licensors, and not Apple, are solely responsible for the App and the content thereof.
(b) your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into these Terms.
(c) the Subscription granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
(d) Dive.Management is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(e) Dive.Management is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Dive.Management's sole responsibility;
(f) Dive.Management, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
(g) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
(h) Apple, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
(i) You represent and warrant that: (a) you are not located in a country that is subject to a Polish Government embargo, or that has been designated by the Polish Government as a "terrorist supporting" country; and (b) you are not listed on any Polish Government list of prohibited or restricted parties.
(j) If you have any questions, complaints, or claims regarding the App, please contact Dive.Management at email@example.com.
(k) By agreeing to these Terms you, to the extent legally permitted, hereby waive any applicable law requiring that these Terms be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service (as amended from time to time).