Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you", "the user", "the customer") and DIVCAAS ("we", "us", "our") governing your access to and use of the DIVCAAS platform, whether accessed via web browser, the Microsoft Store app, Google Play app, or any other distribution channel (collectively, the "Service").

By creating an account, accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms. If you are accepting on behalf of an organisation, you confirm you have authority to bind that organisation.

1 Definitions

• "Platform" / "Service" — the DIVCAAS software, websites, applications and related services.
• "Customer" / "Organisation" — the company or Diving Technical Authority that subscribes to or operates a DIVCAAS tenant.
• "User" — any individual granted access (candidate, assessor, verifier or administrator).
• "Customer Data" — all data submitted to the Service by or on behalf of a Customer, including profiles, assessments, evidence, sign-offs and certificates.
• "Tenant" — the isolated workspace allocated to a single Organisation.

2 The Service

DIVCAAS is a professional competency assessment and portfolio management platform for the offshore and commercial diving industry. It enables organisations to record self-assessments, capture assessor and verifier sign-offs, store supporting evidence, and issue certificates of competence.

3 Accounts & Eligibility

• You must be at least 18 years old and a working professional in the diving industry to use the Service.
• Accounts are created and managed by your Organisation's DIVCAAS administrator.
• You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
• You must notify your administrator immediately if you suspect unauthorised access to your account.
• You must not share, transfer or sell your account.

4 Acceptable Use

You agree not to:

• Submit false, misleading or fraudulent competency information or evidence.
• Impersonate another person or sign off on assessments you are not authorised to perform.
• Attempt to access data belonging to another Organisation or tenant.
• Reverse engineer, decompile, scrape or attempt to extract source code from the Service.
• Introduce malware, attempt to breach security controls, or disrupt the Service.
• Use the Service for any unlawful purpose or in breach of diving regulations.

5 Accuracy of Competency Records

You are solely responsible for the accuracy, completeness and currency of the information you enter into the Service. Assessors and verifiers are responsible for the integrity of their professional sign-offs.

DIVCAAS records and presents the information provided by users; it does not independently verify the truth of competency claims, evidence or sign-offs. Certificates generated by the Service reflect the decisions recorded by your Organisation's assessors and verifiers.

6 Intellectual Property

Our IP

The DIVCAAS platform, including its software, design, branding and documentation, is owned by us and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose for the duration of your subscription.

Your Data

You (or your Organisation) retain all ownership of Customer Data. By using the Service you grant us a licence to host, process and display that data solely to provide and maintain the Service.

7 Customer Data & Privacy

Our handling of personal data is described in our Privacy Policy. Our technical and organisational security measures are described on our Security & Compliance page.

Where we process personal data on behalf of a Customer who is a data controller, that processing is governed by our Data Processing Agreement (DPA), which is incorporated into these Terms by reference.

The Service is hosted on Cloudflare's global edge network, with structured data stored in Cloudflare D1 and uploaded evidence files stored in Cloudflare R2. Transactional email is delivered via Resend and EmailJS.

8 Availability & Support

We aim to keep the Service available and performant, but we do not guarantee uninterrupted, error-free operation. The Service may be temporarily unavailable for maintenance, updates, or due to factors outside our reasonable control (including failures of third-party providers such as Cloudflare).

Support requests can be raised by contacting your Organisation's administrator or emailing us at the address below. We are not currently bound by a contractual service-level agreement (SLA) unless one is separately agreed in writing.

9 Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the Service will meet your specific regulatory requirements, that it is free from errors, or that any competency record, certificate or report produced by the Service will be accepted by any regulator, client or third party. You remain responsible for compliance with all applicable diving regulations and standards.

10 Limitation of Liability

To the maximum extent permitted by law:

• We will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill.
• Our total aggregate liability arising out of or relating to the Service will not exceed the total fees paid by your Organisation for the Service in the 12 months preceding the event giving rise to the claim (or £100 where no fees have been paid).

11 Indemnity

You agree to indemnify and hold us harmless from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or your submission of false or unlawful Customer Data.

12 Suspension & Termination

We may suspend or terminate access to the Service, in whole or in part, if you materially breach these Terms, if required by law, or if necessary to protect the security or integrity of the Service.

Your Organisation may terminate use of the Service at any time. On termination, Customer Data will be handled in accordance with the data retention provisions of our Privacy Policy and DPA — including the right to request an export and deletion of data.

13 Changes to the Service or Terms

We may modify the Service and update these Terms from time to time. When we make material changes to these Terms, we will update the "Last updated" date and notify users via the in-app notification system. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14 Governing Law

These Terms are governed by the laws of the United Arab Emirates. The parties submit to the exclusive jurisdiction of the Dubai International Financial Centre (DIFC) Courts in respect of any dispute arising out of or relating to these Terms, unless a different governing law or forum is required by your Organisation's separate written agreement with us.