Terms of Service
Effective date: November 19, 2025
Thank you for using Dive 365! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using Dive 365. Because it is such an important contract between us and our users, we have tried to make it as clear as possible.
Definitions
An "Account" or "User" in the context of this document, represents your legal relationship with Dive 365. Using an Account, you can sign into Dive 365 services, browse data, and make purchases. "Organizations" are clubs and other governing organizations that manage content for Accounts (such as competitions, recreational programs, etc.). An Account can be a member of any number of Organizations.
The "Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including the Dive 365 Privacy Policy) and procedures that we may publish from time to time on our Service interfaces.
"Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
"Content" refers to content featured or displayed through our Services, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available in our services. "Content" also includes our services themselves. "User-Generated Content" is Content, written or otherwise, created or uploaded by Accounts and Organizations. "Your Content" is Content that you create or own.
"Dive 365," "We," and "Us" refers to the Dive 365 SaaS offering from DM Software, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
A "Service" refers to the applications, software, products, and services provided through Dive 365, including any Previews.
Account Terms
Accounts and Organizations have different administrative controls; a human must create their own Account, provide a valid email address; and may not have more than one Account with that email address. All Account holders are alone and responsible for their Account and anything that happens while signed in. Account holders are responsible for keeping their Account secure.
Account Controls
Accounts: Subject to these Terms, you retain ultimate administrative control over your Account and the Content within it.
Organizations: The Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within a Service, an Organization can manage access to the Organization’s Content. An Organization may have multiple permitted Users, but there must be at least one User designated as a "global administrator" of an Organization. If you are the "global administrator" of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
Required Information
You must provide a valid email address in order to complete the signup process. We will also require your real name and birthday to verify your age and identify you. Most other information about you is optional unless otherwise stated (e.g. medical card information when signing up for sessions).
Any information regarding billing is not collected or held by Dive 365. Such information is managed by the 3rd party, Stripe, a PCI DSS certified payment service.
Account Requirements
We have a few simple rules for Accounts using our Services.
You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
One person or legal entity may maintain no more than one Account. You must be over the age of majority. If we learn of any Account owner under the age of majority, we may terminate that Account immediately.
Your sign in may only be used by one person — i.e. a single sign in may not be shared by multiple people.
Account Security
You are responsible for keeping your Account secure while you use our Services. Sign-in is managed by Microsoft Azure authentication to help you maintain your Account's security, but the Content of your Account and its security are up to you.
You are responsible for all Content posted and activity that occurs under your Account or Organization (even when Content is posted by others within your Account or Organization).
You are responsible for maintaining the security of your Account and password. Dive 365 cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify Dive 365 by contacting us at info[at]dive365[dot]ca if you become aware of any unauthorized use of, or access to, our Services through your Account, including any unauthorized use of your password or Account.
Additional Terms
In some situations, third parties' terms may apply to your use of Dive 365. For example, you may be a member of an Organization on Dive 365 with its own terms or license agreements. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
Acceptable Use
Dive 365 collaborates with many Organizations. That collaboration only works when our Users are able to work together in good faith. While using our Services, you must follow the terms of this section, which include some restrictions on Content, conduct, and other limitations. In short, be excellent to each other — and party-on, dude.
Your use of our Services must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of our Services is in compliance with laws and any applicable regulations.
User-Generated Content
You own Content you create, but you allow us certain rights to it, so that we can display and share the Content you post. You still have control over your Content, and responsibility for it, and the rights you grant us are limited to those we need to provide our Services. We have the right to remove Content or close Accounts if we need to.
Responsibility for Content
You may create or upload User-Generated Content while using our Services. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to, or otherwise make available via our Services, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
Dive 365 May Remove Content
We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or Dive 365 terms or policies.
Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
License Grant to Us
We need the legal right to do things like host your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display your Content, and make incidental copies, as necessary to provide our Services, including improving our Services over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case your Content is something like a video.
This license does not grant Dive 365 the right to sell your Content. It also does not grant Dive 365 the right to otherwise distribute or use your Content outside of our Services, except that as part of the right to archive your Content.
License Grant to Others
Any User-Generated Content you post publicly, including Sessions, Registration Categories, and information about your Organization, may be viewed by others. By setting your Sessions and Semesters to be viewed publicly, you agree to allow others to view their content in the Store. Content regarding your own Account is viewable by Organizations you have registered to in order to facilitate their product offerings.
Moral Rights
You retain all moral rights to your Content that you upload, publish, or submit to any part of our Services, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us.
To the extent this agreement is not enforceable by applicable law, you grant Dive 365 the rights we need to use your Content without attribution and to make reasonable adaptations of your Content as necessary to render our Services and facilitate Organizational use.
Copyright Infringement
If you believe that Content rendered by our Services violates your copyright, please contact us at info[at]dive365[dot]ca. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the Accounts of repeat infringers of this policy.
Intellectual Property Notice
We own our Service and all of our Content. In order for you to use our Content, we give you certain rights to it, but you may only use our Content in the way we have allowed.
Rights to Content
DM Software and our licensors, vendors, agents, and/or our Content providers retain ownership of all intellectual property rights of any kind related to our Services. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of our Services is copyright © DM Software, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from DM Software.
Payment
You are responsible for all fees, including taxes, associated with your use of our Services. By using our Services, you agree to pay Dive 365 any charge incurred in connection with your use of our Services.
Cancellation and Termination
You may close your Account at any time. If you do, we'll treat your information responsibly.
It is your responsibility to properly delete your Account with Dive 365. You can delete your Account at any time by going to the "Settings" page in the Account Service. The screen provides a simple, no questions asked deletion link. We are not able to delete Accounts in response to an email or phone request.
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your Account at the moment of request. All personally identifiable information is wiped. This information cannot be recovered once your Account is deleted.
Dive 365 has the right to suspend or terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. Dive 365 reserves the right to refuse service to anyone for any reason at any time.
Disclaimer of Warranties
We provide our Services as is, and we make no promises or guarantees about our Services.
Dive 365 provides our Services "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding our Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Dive 365 does not warrant that our Services will meet your requirements; that our Services will be uninterrupted, timely, secure, or error-free; that the information provided through our Services is accurate, reliable or correct; that any defects or errors will be corrected; that our Services will be available at any particular time or location; or that our Services are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from our Services.
Limitation of Liability
We will not be liable for damages or losses arising from your use or inability to use our Services or otherwise arising under this agreement.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
the use, disclosure, or display of your User-Generated Content;
your use or inability to use our Services;
any modification, price change, suspension or discontinuance of our Services;
our Services generally or the software or systems that make our Services available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on our Services;
any other user interactions that you input or receive through your use of our Services; or
any other matter relating to our Services.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Release and Indemnification
You are responsible for your use of our Services. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release Dive 365 from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Last updated