Terms and Conditions

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. Alpha Programme Terms

During the Alpha 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 Alpha shops for the full 8-month period. We will honour this commitment.

8. Pricing Commitments

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

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

• (a) Alpha 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 Alpha period. hellomydiver currently operates as a sole proprietorship, and these commitments will be inherited by its successor legal entity upon incorporation.