Terms and Conditions

1. General

hellomydiver reserves the right to update these Terms and Conditions at any time. Continued use of the platform following any changes constitutes acceptance of the revised Terms. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

2. Originality Warranty

By uploading any content (including but not limited to photographs, videos, and written descriptions) to the hellomydiver platform, you warrant and represent that you are the sole original creator of such content, or that you hold written permission from the original creator (photographer, videographer, or author) granting you the right to sub-license the content to hellomydiver.

You must not upload content that infringes on any third party's intellectual property rights, including copyright, trademark, or any other proprietary rights.

3. Model Release

If any content you upload contains identifiable individuals (including but not limited to dive instructors, staff, customers, or bystanders), you confirm that you hold valid, signed model release forms from each identifiable person granting permission for their likeness to be used on the hellomydiver platform and by its partners.

hellomydiver reserves the right to request copies of model release forms at any time. Content may be removed if valid releases cannot be provided upon request.

4. Indemnification

You agree to indemnify, defend, and hold harmless hellomydiver, its owner, operators, affiliates, and any successor entities from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Content you upload to the platform
• Your breach of these Terms and Conditions
• Your violation of any third party's rights
• Any misrepresentation regarding the originality or licensing of your content

This indemnification obligation survives the termination of your account and these Terms.

5. Privacy Policy

Data we collect. We collect your email address and name via Google Sign-In for authentication. Dive shop details entered during registration — including shop name, address, phone number, website, and Instagram handle — are stored to build your public profile. Photos uploaded to the platform are stored in our hosting infrastructure. We track anonymous usage analytics using SHA-256 hashed identifiers derived from visitor IP addresses combined with the current date. These hashes cannot be traced back to any individual.

What we don't collect. We do not store raw IP addresses. We do not tie analytics data to individual diver identities. We do not sell, share, or licence personal data to third parties.

Google user data. We access your Google account name and email address solely for authentication via Google Sign-In. We do not access Gmail, Google Drive, Google Contacts, or any other Google services. Your Google data is not used beyond maintaining your hellomydiver account.

Cookies. We use essential cookies for authentication only. No advertising, tracking, or third-party cookies are used.

Data retention and deletion. Members can download or delete their own data directly from their dashboard. See the Data & Privacy section in your member dashboard at hellomydiver.com/dashboard.

Privacy questions. For privacy questions or data requests, please use the Messages feature in your member dashboard at hellomydiver.com/dashboard. We do not accept privacy requests by email.

6. Content Moderation

hellomydiver reserves the right to moderate, remove, or restrict access to any content uploaded to the platform at its sole discretion. While we extend generous latitude to dive shops in showcasing their underwater world, content may be removed if it:

(a) is not related to scuba diving, freediving, snorkelling, or aquatic life and environments;

(b) is deemed to be in poor taste, offensive, or inappropriate for a professional dive industry platform;

(c) depicts harm, harassment, or disrespectful treatment of marine life or underwater ecosystems, including but not limited to illegal fishing, spearfishing in protected areas, or deliberate disturbance of marine animals;

(d) contains graphic violence, nudity, or content unsuitable for a general audience;

(e) contains personally identifiable information about individuals who have not consented to its publication.

Where reasonably practicable, hellomydiver will notify the relevant shop prior to content removal and provide an opportunity to respond. hellomydiver's decision on content moderation matters is final. Repeated violations may result in suspension or termination of a shop's profile.

7. Sub-licensable Rights

By uploading content to hellomydiver, you grant hellomydiver a non-exclusive, worldwide, royalty-free, sub-licensable licence to use, reproduce, modify, display, and distribute your content on the hellomydiver platform and through third-party partners.

This means hellomydiver may sub-license your content to third parties including but not limited to travel platforms (e.g. Expedia, Booking.com), technology partners (e.g. Garmin, Suunto), tourism boards, and promotional or editorial partners. Content will be attributed to your dive shop profile where reasonably practicable.

You may request removal of your content at any time by contacting hellomydiver. Upon removal, hellomydiver will make commercially reasonable efforts to withdraw the content from third-party partners, though cached or previously distributed copies may persist.

8. Sole Proprietorship and Successor Entity

hellomydiver currently operates as a sole proprietorship. You acknowledge and agree that upon incorporation or any change in legal structure, all rights, privileges, obligations, and liabilities under these Terms and Conditions will automatically transfer to and be assumed by the successor legal entity without requiring additional consent from you.

The successor entity will be bound by the same terms and obligations as set out herein. You will be notified of any change in legal structure, but such change will not affect the validity or enforceability of these Terms.

9. Early Access Programme Terms

During the Early Access period, hellomydiver is free for registered dive shops subject to the following activity requirement: beginning the calendar month after registration, shops must upload a minimum of 5 geotagged photos per calendar month to maintain free access.

A geotagged photo is defined as a photo uploaded through the hellomydiver platform and tagged to a specific dive site (not marked as “At the shop / General”).

Failure to meet this requirement in any given month will result in the shop's profile being flagged for review. hellomydiver reserves the right to suspend or remove profiles that do not meet the minimum activity requirement.

hellomydiver is committed to keeping the platform free for Founding Member shops for at least the full 8-month period. We will honour this commitment.

Founding Member shops are also expected to support the hellomydiver community by:

(a) linking their hellomydiver profile from their Instagram bio and professional website;

(b) mentioning hellomydiver in Instagram captions when posting dive photos that are also uploaded to the platform (e.g. “📍 tagged on hellomydiver.com”);

(c) sharing their hellomydiver profile link in their Instagram story at least once per month; and

(d) keeping their profile current, including their website, Instagram handle, phone number, and Google Maps pin.

10. Pricing Commitments

During the Early Access period, hellomydiver is provided free of charge to registered dive shops for a minimum period of 8 calendar months from the date of registration, subject to the activity requirements outlined above.

Following the Early Access period, hellomydiver will transition to a paid subscription model. hellomydiver commits to the following:

(a) Founding Member shops will receive preferred pricing lower than any publicly available rate at the time of transition.

(b) hellomydiver will provide no less than 60 days written notice to registered shops before any charges commence.

(c) No charges will be applied without explicit confirmation from the shop owner.

hellomydiver is committed to honouring these commitments for all shops registered during the Early Access period. hellomydiver currently operates as a sole proprietorship, and these commitments will be inherited by its successor legal entity upon incorporation.

11. Accuracy of Shop Information

By registering on hellomydiver, you warrant that all information provided — including your shop name, address, phone number, certifications, social media handles, and Google Maps listing — is accurate, current, and not misleading. You agree to keep your profile information up to date. hellomydiver accepts no liability for inaccuracies in shop profiles and reserves the right to remove or correct information that is demonstrably false or misleading.

12. Limitation of Liability

To the fullest extent permitted by applicable law, hellomydiver's total liability to any shop or user arising out of or related to these Terms or the platform shall not exceed the total amount paid by that party to hellomydiver in the twelve months preceding the claim. During any free access period, hellomydiver's total liability shall not exceed USD $1. hellomydiver is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, or loss of business opportunity.

13. Service Availability

hellomydiver is provided on an “as is” and “as available” basis. hellomydiver makes no warranty of uninterrupted or error-free service. hellomydiver reserves the right to modify, suspend, or discontinue any feature or aspect of the platform at any time, with or without notice, and shall not be liable to any party for any such modification, suspension, or discontinuation.

14. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall first be subject to good faith negotiation between the parties. hellomydiver currently operates as a sole proprietorship and these governing law provisions will be inherited by its successor legal entity upon incorporation.