Terms of Use
Welcome as user of Cloudiver!
In short our vision is “diving made easy” and we seek to live up to this by combining the latest technology, experience and innovation to create a common platform for divers and contractors where manual processing of diving data become unnecessary. As a result, human errors are eliminated and operations become more efficient, standardized and safe.
Cloudiver and the tools provided, such as Dive Guard, depend on the Internet, and our unique portal to connect divers with supervisors or contractor, monitor operations and store diving history and data.
By signing up you are entering into a binding contract with the providing entity indicated at the bottom of this document. Your agreement (“Agreements”) with us includes these Terms of Use, our Privacy policy and our Data protection policy.
The service is provided to you by Cloudiver Software Systems S.L., a Spanish limited liability company. These Terms of Use govern your use of our service. As used in these Terms of Use, “Cloudiver”, “DiveGuard”, “we”, “us”, “our” means the provider of the Service and "Service", "our service" or "the service" means the service provided by Cloudiver Software Systems S.L.for the products Cloudiver and DiveGuard, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
The whole text of the present Agreement, as well as the documents derived from it, including those in the Annexes, have been written in Spanish and English, both versions being deemed authentic, but for legal purposes the text in Spanish is to be given priority of interpretation. Click here to view Spanish version
1. Membership
Your membership will either be Basic free subscription with limited functionality, or a Premium/Enterprise membership. Both continue month-to-month until terminated. Unless you cancel your membership before your monthly renewal date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below). To use all functionality of the service you must have Internet access and a Cloudiver or DiveGuard ready device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). You can find specific details regarding our membership subscriptions by visiting our website or details regarding your current membership under “Account settings” once logged in to Cloudiver.
If you open an Enterprise account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the entity to the Agreements.
2. Free Trials
2.1. Your membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a free trial.
2.2. We will bill your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, select "Billing details" under "Account Settings" once logged in. You will not receive a notice from us that your paid membership has begun.
3. Billing
3.1. Billing Cycle.
The membership fee for our service will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month. Select "Billing details" under "Account Settings" to see your next payment date.
3.2. Payment Methods.
You can change your Payment Method by selecting “Payment method” under "Account Settings". If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to parts of the service and downgrade your membership until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
3.3. Cancellation.
You can cancel your membership at any time under your Account Settings. We do not provide refunds or credits for any partial-month membership. To cancel, go to "Account Settings" and select “Cancel” and follow the instructions for cancellation. If you cancel your membership, your account will automatically reset to basic user at the end of monthly-billing period. If you signed up using your account with a third party as a Payment Method and wish to cancel your membership at any time, including during your free trial, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the service through that third party. You may also find billing information about your membership by visiting your account with the applicable third party.
3.4. Changes to the Price and Service Plans.
We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.
4. Our Service
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the service. Minors may only use the service under the supervision of an adult.
4.2. The service and any content within the service are for your personal use only. During your membership we grant you a limited, non-exclusive, non-transferable, license to access the service on a profile only basis.
4.3. You may use the service primarily within the country in which you have established your account and in geographic locations where we offer our service. The number of devices or users on which you may simultaneously access and use the service may depend on your chosen subscription.
4.4. We continually update the service, including the content. In addition, we continually test various aspects of our service, including our website, user interfaces and promotional features. You might be asked to participate in such tests.
4.5. You agree and acknowledge that you are fully responsible for any operations you carry out with the help of Cloudiver or Diveguard and the associated tools, such as managing dives, recruitment of personnel, applying for job-positions or similar.
You fully understand that our service is only intended as tools to assist you with your performance and that we take no responsibility for any claims or defects that might occur as a result of your operations.
4.6. You agree and acknowledge that our service and tools included is in no way intended to remove the need for you to verify accuracy against original tables, contractors instructions or legislations, or control and verify the data you are collecting or generating through our Service. Such might be control of table depths/time, N2 group/ added time, nitrox calculations (EAD), decompression time etc. The tools provided are intended to assist you to perform calculations, collection of data and structuring this based upon actions by you as a user.
It`s important that you follow any instruction manuals available for download in www.cloudiver.com. We always recommend that whenever using Cloudiver or Diveguard you have the applicable original diving tables available and take notes.
4.7. You are aware that we for practical purposes have left out chapters, pages and tables containing explanations from the original tables, and that you should have knowledge to these before using Cloudiver or Diveguard.
4.8. You accept and agree that you are always responsible for verifying that the dives including divingtables you use are in accordance with requirements in the region/country where you are working.
4.9. You are aware that where we have issued own converted versions of tables, for example from FSW (Feet of Sea Water) to MSW (Meters of Sea Water) we have for practical reasons rounded up/down to an accuracy of +/- 10cm in the same way most diving computers would do. This means that for example 60 FSW will be displayed as 18,3 MSW.
4.10. You agree to use the service as intended, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the service without our consent or appropriate membership subscription. You also agree not to: circumvent, remove, alter, deactivate, degrade any of the content protections in the service; use any robot, spider, scraper or other automated means to access the service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the service; insert any code or product or manipulate the content of the service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4.11. The quality and the display of the service may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Availability to functionality is subject to your Internet service and device capabilities. Not all content and functionality is available offline and not all subscription plans allow you to use or view content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin using the service will vary based on a number of factors, including your location, available bandwidth at the time, the actions you select and the configuration of your device.
4.12. Our software is developed by Cloudiver and is designed to enable use through, Cloudiver and Dive Guard ready devices. This software may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you will automatically receive updated versions of the service and related third-party software. If your device is sold, lost or stolen, please deactivate the ready device. If you fail to log out or deactivate your device, subsequent users may access the service through your account and may be able to access certain of your account information.
4.13. We respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, we ask you to please contact us. If we are notified by a copyright holder that any Content infringes a copyright, we may in our absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to us with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines, please contact us through our website contact form.
5. User-Generated Content
Cloudiver users may post, upload, share, and/or contribute (“post”) content to the Service (which may include, for example, diving data/dive logs, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Cloudiver Chat as well as any other part of the Cloudiver Service.
You promise that, with respect to any User Content you post, (1) you have the right to post such User Content, and (2) such User Content, or its use by Cloudiver as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Cloudiver or any entity or individual without express written consent from such individual or entity.
We may, but have no obligation to, monitor, review, or edit User Content. In all cases, we reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in our sole discretion, violates the Agreements. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. We are not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST CLOUDIVER RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD CLOUDIVER HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
6.Passwords & Account Access
6.1. The member who created the account and whose Payment Method is charged (the "Account Owner") has access and control over the account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
6.2. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Cloudiver website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, Cloudiver, or our partners from identity theft or other fraudulent activity.
7.Governing Law.
These Terms of Use shall be governed by and construed in accordance with the laws of Spain. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
The whole text of the present Contract, as well as the documents derived from it, including those in the Annexes, have been written in Spanish and English, both versions being deemed authentic, but for legal purposes the text in Spanish is to be given priority of interpretation. Click here for Spanish text documents
8. Warranty and disclaimer
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLOUDIVER AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER CLOUDIVER NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE, ERRORS OR OTHER HARMFUL COMPONENTS. IN ADDITION, CLOUDIVER MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT CLOUDIVER, OR IT`S OWNERS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM CLOUDIVER SHALL CREATE ANY WARRANTY ON BEHALF OF CLOUDIVER, OR IT`S OWNERS IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
9. Limitation
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY CLOUDIVER OR DIVEGUARD SOFTWARE AND TO STOP USING THE SERVICE.
WHILE CLOUDIVER ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO CLOUDIVER, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLOUDIVER, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CLOUDIVER HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO CLOUDIVER DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
10. EXERCISE OF ARCO RIGHTS (ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION)
In compliance with the provisions of Spanish Organic Law 15/1999, of December 13, about Protection of Personal Data (LOPD), we inform you that your personal data will be incorporated and will be treated in the files of Cloudiver SL, with the purpose of the maintenance and fulfillment of the relationship with our entity, including the sending of communications within the framework of the aforementioned relationship. Likewise, your data will be assigned in all those cases in which it is necessary for the development, fulfillment and control of the relationship with our entity or in the cases in which it is authorized by a norm with the rank of law. In compliance with the LOPD we inform you that you can request your ARCO rights (access, rectification, cancellation and opposition) before Cloudiver Software Systems S.L., with address at Avenida Federico Garcia Llorca, no 5, 4A, 35011 in Las Palmas de Gran Canaria (Las Palmas), attaching photocopy of your ID and specifying the type of right you wish to exercise.
11. Third-Party Applications.
You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Applications") that interact with the service. Your use of these Applications may be subject to third party terms of use or license terms.
12. Customer Support.
To find more information about our service and its features or if you need assistance with your account, please visit the Help section on our website (www.cloudiver.com/help). In certain instances, Customer support may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer support or other portions of our website, these Terms of Use will control.
13. Survival.
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
14. Changes to Terms of Use.
We may, from time to time, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form on our website.
15. Electronic Communications.
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
Thanks! Cloudiver Team
on behalf of owners Cloudiver S.L
Last Updated: 20. March, 2018