Terms and Conditions

Manage Freediving (Manage Freediving, Company, we or us) provides its Services (as described below) to you through its website located at www.managefreediving.com and through its mobile applications and other interactive properties owned and operated by Manage Freediving (collectively, the Site), subject to the following Terms and Conditions. The Site is a Software as a Service (SaaS) platform designed to help freediving centers manage their operations, including student registration, course scheduling, instructor management, certification tracking, equipment management, and business analytics (collectively, such services, including any new features and applications, and the Site, the Services). Services include, but are not limited to, any service and/or content Manage Freediving makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site.

1. General Terms

1.1. Acceptance of Terms

These terms and conditions are entered into by and between you and Manage Freediving. The following terms and conditions, together with any documents that are expressly incorporated by reference (collectively Terms and Conditions), govern your access to and use of the Services, whether as a guest or a registered user. Please read the Terms and Conditions carefully before you start to use the Services. By using the Services and accessing the Site, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms and Conditions or Privacy Policy, promptly exit this page without accessing or using any of the Services. If you are using the Services on behalf of a freediving center, school, or business, that entity also accepts these Terms and Conditions.

1.2. Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. If we change these Terms and Conditions, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Access and Registration

2.1. Access to the Services

Manage Freediving reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Manage Freediving will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions. The Services are accessible worldwide, but this does not mean all Services or service features are available in your country. It is your responsibility to make sure your use of the Services is legal in the jurisdiction where you operate your freediving center.

2.2. Registration and Account Requirements

To access the Services, you must be a legitimate freediving center, school, or instructor with proper certifications and credentials. You may be asked to provide certain registration details including business registration information, instructor certifications, insurance documentation, and other relevant credentials. You agree to: (a) provide true, accurate, current and complete information about yourself and your freediving center in the registration form; (b) maintain and promptly update such information to keep it true, accurate, current and complete; and (c) maintain valid freediving instructor certifications and business licenses as required by local law. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Manage Freediving has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Manage Freediving has the right to suspend or terminate your account and refuse any and all current or future use of the Services.

2.3. Account Security

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to your freediving center and agree not to provide any other person with access to the Services using your credentials. You are solely responsible for all activities that occur via your account. You agree to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security. Manage Freediving will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

3. User Conduct and Responsibilities

3.1. Use of the Services

The Services are designed for the professional management of freediving centers and are solely for your business use in connection with operating a legitimate freediving center. You agree to use the Services in compliance with all applicable laws and regulations governing freediving instruction, water sports, and business operations in your jurisdiction. You acknowledge that freediving involves inherent risks and that you are solely responsible for ensuring proper safety protocols, instructor qualifications, and student screening procedures at your freediving center.

3.2. Prohibited Uses

You hereby agree not to use the Services for any purposes that are unlawful or prohibited by these Terms and Conditions. You agree not to use the Services:

• In a way that violates any applicable local, state, national or international law or regulation relating to freediving instruction, water sports, or business operations.
• To manage or facilitate freediving activities without proper certifications, licenses, or insurance coverage.
• To store or transmit any material that is unlawful, defamatory, obscene, threatening, or otherwise objectionable.
• To infringe any intellectual property rights or violate any privacy rights of others.
• To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
• To transmit any advertising, promotional material, spam, or other unsolicited communications.
• To bypass any security measures or attempt to gain unauthorized access to the Services.
• To interfere with or disrupt the Services or servers or networks connected to the Services.
• To use any automated means to access the Services or collect information from the Services.
• To reverse engineer, decompile, or disassemble any part of the Services.

3.3. Data Accuracy and Student Safety

You acknowledge that the Services are tools to assist in managing your freediving center and that you remain fully responsible for all aspects of your operations, including but not limited to student safety, proper instruction, equipment maintenance, and emergency procedures. You agree to maintain accurate records of student certifications, medical clearances, and training progress. You are solely responsible for ensuring that all freediving activities conducted by your center comply with industry safety standards and local regulations.

4. Intellectual Property Rights

4.1. Manage Freediving's Intellectual Property

The Services and related content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Manage Freediving, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. These Terms and Conditions permit you to use the Services for your business operations only. We grant you a limited, non-exclusive, non-transferable license to access and use the Services for the management of your freediving center. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services except as necessary for your legitimate business use of the Services.

4.2. Your Data and Content

You retain ownership of all data, content, and information you upload, store, or transmit through the Services ("Your Content"). By using the Services, you grant Manage Freediving a limited, non-exclusive license to use Your Content solely for the purpose of providing the Services to you. We will not access, use, or disclose Your Content except as necessary to provide the Services or as required by law. You are responsible for ensuring that Your Content complies with all applicable laws and does not infringe on the rights of third parties.

5. Fees and Payment

5.1. Subscription Fees

Manage Freediving offers the Services under various subscription plans for a fee. You agree to pay the subscription fees for the plan you select, and you authorize Manage Freediving to charge your selected payment method. Subscription fees are charged on a recurring basis according to your selected billing cycle (monthly or annually). You are responsible for paying all fees and applicable taxes in a timely manner. We reserve the right to suspend or terminate your access to the Services if payment is not received when due.

5.2. Fee Changes

We reserve the right to change our fees at any time. Any fee changes will be communicated to you at least thirty (30) days in advance and will take effect at the start of your next billing cycle. If you do not agree to the fee changes, you may cancel your subscription before the changes take effect.

5.3. Refunds

Subscription fees are non-refundable except as required by applicable law. If you cancel your subscription, you will continue to have access to the Services until the end of your current billing period, but your subscription will not be renewed.

6. Data Protection and Privacy

6.1. Data Security

We implement appropriate technical and organizational measures to protect your data and the personal information of your students. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee its absolute security.

6.2. Data Retention

We retain your data for as long as you maintain an active subscription. After termination of your account, we will retain your data for up to ninety (90) days to allow for account reactivation, after which your data will be permanently deleted unless longer retention is required by law.

7. Limitation of Liability and Disclaimers

7.1. Disclaimers

Your use of the services is at your own risk. The services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, secure, or error-free.

7.2. Limitation of Liability

To the fullest extent permitted by law, in no event will Manage Freediving, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the services. Our total liability to you shall not exceed the amount paid by you for the services in the twelve (12) months preceding the claim.

7.3. Freediving-Specific Limitations

You acknowledge that freediving involves inherent risks and that the services are management tools only. We are not responsible for any accidents, injuries, or incidents that may occur during freediving activities at your center. You agree to maintain appropriate insurance coverage and to comply with all safety regulations and industry standards.

8. Indemnification

You agree to defend, indemnify, and hold harmless Manage Freediving, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms and Conditions; (c) your operation of your freediving center; (d) any accidents, injuries, or incidents occurring at your freediving center; and (e) any violation of applicable laws or regulations by you or your students.

9. Termination

9.1. Termination by You

You may terminate your account and subscription at any time by following the cancellation procedures in your account settings or by contacting our support team. Termination will be effective at the end of your current billing period.

9.2. Termination by Us

We may terminate your access to the Services immediately and without notice if: (a) you breach any provision of these Terms and Conditions; (b) you fail to pay required fees; (c) you engage in fraudulent or illegal activities; (d) your freediving center loses required certifications or licenses; or (e) for any other reason in our sole discretion.

10. Governing Law and Dispute Resolution

10.1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

10.2. Dispute Resolution

Any disputes arising out of or relating to these Terms and Conditions or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in English in Wilmington, Delaware. You waive your right to a jury trial and to participate in class action lawsuits.

11. General Provisions

11.1. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Manage Freediving regarding the Services and supersede all prior agreements and understandings.

11.2. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.3. Assignment

You may not assign these Terms and Conditions without our prior written consent. We may assign these Terms and Conditions at any time without notice to you.

11.4. Contact Information

If you have any questions about these Terms and Conditions, please contact us at [email protected].

End of Terms and Conditions