Terms of Service

1. Description of Service

Dive Backup is a planning and organizational tool for dive teams. It allows users to create dive plans, assign team roles and buddy pairs, build Emergency Action Plans, share plans with team members and guests, and — where enabled — use optional calculation worksheets that generate planning references based on user-entered values and user-selected methods.

Dive Backup is not a certification body, a dive training provider, a dive computer, or a safety authority. It does not verify that any user is qualified to dive, does not determine whether any dive is safe, and does not replace training, agency standards, professional judgment, or in-person instruction. See our Disclaimer for full detail.

2. Eligibility

You must be at least 18 years old to create a Dive Backup account. Any certification, credential, or experience information you or your organization enters into Dive Backup is self-reported. Dive Backup does not independently verify certification status, and no comparison result generated by the platform constitutes confirmation that a participant is qualified to dive.

3. Accounts and Guest Access

Accounts. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

Guest access. Dive Backup allows plan organizers to share a dive plan with guests via a private link that does not require creating an account. Guest access is subject to the same use restrictions as account holders, to the extent applicable, and to the Acceptable Use Policy. Organizers are responsible for the accuracy of information shared with guests and for revoking guest access when appropriate.

4. Subscriptions and Payment

Dive Backup offers a free tier and paid tiers (Team, Instructor, Club/Charter), including a recurring annual subscription option and a one-time "own it" purchase option for the Team tier, as described on our Pricing page.

• Subscription fees are billed in advance on a recurring basis until cancelled.
• The one-time Team purchase grants permanent access to Team-tier features as they exist at the time of purchase and is not subject to recurring billing.

Paid tier subscriptions include a 15-day money-back guarantee: contact legal@sparkssimple.com within 15 days of your initial purchase for a full refund. The one-time Team purchase is covered by the same 15-day window from the date of purchase.

Refund requests made after the 15-day window, proration on upgrade or downgrade, and price-change notices are handled on a case-by-case basis; contact legal@sparkssimple.com with billing questions.

5. User Content

"User Content" means dive plans, team rosters, Emergency Action Plan information, attachments, photos, calculation inputs, and any other content you or your organization submit to Dive Backup.

You retain ownership of your User Content. By submitting User Content, you grant Dive Backup a limited, non-exclusive license to store, process, transmit, and display that content solely as necessary to provide and maintain the service, including offline synchronization and guest sharing features you configure.

You represent that you have the right to submit any User Content you upload, including maps, site documents, and photographs, and that doing so does not infringe any third party's rights.

6. Acceptable Use

Use of Dive Backup is subject to our Acceptable Use Policy, which prohibits unlawful use, unauthorized access to other users' data, uploading malicious files, and misuse of guest-access links, among other restrictions.

7. Service Availability

Dive Backup is provided on an "as available" basis. We do not guarantee uninterrupted access. Offline mode allows access to previously synchronized plan data without a network connection; offline data may not reflect the most current version of a plan, and users are responsible for checking synchronization status before relying on offline information at a dive site.

8. Calculation Features

Where enabled, Dive Backup's Planning Lab worksheets calculate results based on values and methods you select. Use of any calculation feature is subject to our Calculation Disclaimer, which is incorporated into these Terms by reference. By using a calculation feature, you acknowledge that you have read and understood that disclaimer.

9. Termination

You may close your account at any time. We may suspend or terminate access for violation of these Terms or the Acceptable Use Policy. Upon termination, your right to access the service ends; data retention and deletion following termination are described in our Privacy Policy.

10. Disclaimers

Dive Backup is provided without warranty of any kind regarding the accuracy, completeness, or fitness for a particular purpose of any information organized, displayed, or calculated by the platform, except as expressly stated in our Disclaimer.

Dive Backup is provided "as is" and "as available," without warranties of any kind, express or implied, except where such a disclaimer is restricted or prohibited by applicable law.

11. Limitation of Liability

This section defines the scope and any dollar cap on Dive Backup's liability. It is one of the two highest-stakes clauses in this document given the product's connection to real-world diving activity, and no clause language has been drafted here yet.

12. Indemnification

Mutual or one-directional indemnification terms depend on Dive Backup's specific risk allocation strategy, and no clause language has been drafted here yet.

13. Dispute Resolution

Arbitration clauses, class-action waivers, and small-claims carve-outs are jurisdiction-sensitive, and no clause language has been drafted here yet.

14. Governing Law

These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles, reflecting Sparks Simple, LLC's state of registration.

15. Changes to These Terms

We may update these Terms from time to time. We will update the "Last updated" date above and, for material changes, send an email notification to account holders. Continued use of Dive Backup after changes take effect constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms can be directed to legal@sparkssimple.com.