Terms of Service

Last Updated: [Date]

Welcome to lewotobi (the "App", "Platform", or "Service"), operated by lewotobi, inc. ("we", "us", or "our"). By accessing or using our App, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

Important

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT WAIVERS AND LIMITATIONS OF LIABILITY, SPECIFICALLY REGARDING THE INHERENT RISKS OF SCUBA DIVING, CERTIFICATION VERIFICATIONS, AND RELIANCE ON ENVIRONMENTAL DATA.

1. Intended Use and App Purpose

lewotobi is designed primarily as a promotional and marketing platform for dive shops, divers, and marine enthusiasts to log dives, share experiences, and view map widgets.

Scope of the Platform:

For the purposes of these Terms, the "Platform" or "Service" includes the lewotobi mobile application, website, embeddable map widgets, iframes, APIs, and any other software provided by lewotobi, inc. Whether you access our data directly through our website or view our map widget embedded on a third-party partner's website, these Terms fully apply. We are not responsible or liable for the uptime, performance, or display of the third-party websites hosting our widgets, nor are we liable if those partner sites crash or misrepresent the data.

Not for Professional Liability or Navigation:

The App is strictly for marketing and informational purposes and is NOT intended to be used as a professional dive planning tool, an official record for professional liability, or a navigational instrument. The App cannot and should not be used as a substitute for professional dive computers, official marine forecasts, or proper training and safety protocols.

2. Assumption of Risk

Scuba diving, freediving, and related marine activities are inherently dangerous and carry a risk of serious injury or death. By using this App, you acknowledge and agree that you are solely responsible for your own safety, training, and dive planning.

We do not assume any responsibility or liability for any injury, loss, damage, or death that may occur before, during, or after a dive, regardless of whether you used our App in your planning or execution.

3. Certifications and User Qualifications

The App may allow users or dive shops to display, reference, or log diving certifications.

No Verification or Liability for Certifications:

  • We do not verify the authenticity, validity, or current status of any certifications uploaded, claimed, or displayed by users or dive shops on the App.
  • We assume no liability for any user misrepresenting their certification level, or for any dive shop accepting unverified or fraudulent certifications.
  • Dive shops, dive professionals, and individuals are strictly responsible for conducting their own verification of certifications and medical fitness prior to participating in any diving activity.

    • 4. Environmental and Site Data (B2B Syndication)

    The App may display environmental data (such as water temperature, visibility, currents, or weather conditions) collected from dive shops, user logs, or third-party APIs.

    Mere Conduit and No Dispute Mediation:

  • lewotobi acts merely as a conduit for Business-to-Business (B2B) data syndication and network building. We do not independently verify, endorse, or guarantee the accuracy of the site data, dive logs, or environmental conditions shared between Partner Shops using our network (e.g., via our swift-worker edge functions).
  • We mediate zero disputes between businesses (dive shops, distributors, partners) utilizing the network. Any disagreements over data ownership, accuracy, or partnership agreements must be resolved directly between the involved parties.

    • No Liability for Environmental Data:

  • This data is provided "AS IS" for general reference and informational purposes only.
  • Ocean and marine environments are highly volatile and conditions can change rapidly. We make no guarantees or warranties regarding the accuracy, timeliness, or reliability of any environmental, weather, or site data on the App or widgets.
  • You must always assess real-time, on-site conditions and exercise your own judgment. We will not be held liable for any decisions or actions taken based on environmental data viewed within the App or via our embedded widgets.

    • 5. Account Registration and Security

    To use certain features of the App, you may be required to register for an account. By registering, you agree to:

  • Provide accurate, current, and complete information.
  • Maintain the security and confidentiality of your password and account credentials.
  • Accept full responsibility for all activities that occur under your account.

    • You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security requirements.

    6. Acceptable Use and Prohibited Conduct

    You agree to use the App solely for its intended, lawful purposes. You agree not to:

  • Violate any applicable local, state, national, or international law or regulation.
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Transmit any malware, viruses, worms, or any code of a destructive nature.
  • Use any robot, spider, crawler, scraper, or other automated means to access, extract, or scrape data from the App without our express written permission.
  • Reverse engineer, decompile, disassemble, or circumvent any security measures on the App.
  • Engage in any conduct that restricts, inhibits, or disrupts any other user's use or enjoyment of the App, or that could damage, disable, overburden, or impair the functioning of the App.

    • 7. User-Generated Content and Independent Status

    You may submit dive logs, photos, locations, ratings, site conditions, and other content ("User Content"). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform it in connection with operating and marketing the App.

    Independent Users (Not Operators or Agents):

    Any individual (including but not limited to Divemasters, Instructors, shop staff, or recreational divers) uploading conditions, site data, or logs is acting strictly as an independent user. They are not agents, employees, contractors, or representatives of lewotobi, inc. We do not employ the people updating the map and are not liable for their actions or the content they publish.

    Moderation and Revocation Rights:

  • You represent and warrant that you have all necessary rights to grant us this license and that your User Content does not infringe on any third party's rights.
  • We reserve the right, but have no obligation, to monitor, review, or remove any User Content that violates these Terms or is deemed unsafe, offensive, defamatory, or inaccurate.
  • Widget Access: We expressly reserve the right to revoke any user's or business's access to use, display, or embed our map widgets, APIs, or iframes at any time, for any reason—including failure to follow our policies—even if the user or business has not explicitly registered an account with us.

    • 8. Intellectual Property Rights (Platform Ownership)

    Excluding User Content, all content, features, and functionality of the App (including but not limited to text, software, graphics, logos, images, maps, and the design and arrangement thereof) are owned by lewotobi, inc., its licensors, or other providers of such material, and are protected by copyright, trademark, and other intellectual property or proprietary rights laws.

    You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the App (including embedding widgets per our technical documentation) for personal or business marketing purposes in accordance with these Terms.

    9. Third-Party Links and Services

    The App may contain links to third-party web sites, services, or resources (such as mapping providers or dive shop websites) that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party. Your interactions with any third party found through the App are solely between you and the third party.

    10. Data Processing, Privacy, and Soft Deletion (GDPR/CCPA Compliance)

    Your privacy is important to us. We process your personal data in accordance with our Privacy Policy. By using the App, you acknowledge and agree that:

    Lawful Basis for Processing:

    We collect and process your data (including dive logs, shop memberships, and B2B partnerships) necessary to provide the Service, maintain network integrity, and prevent fraud, in compliance with applicable privacy laws including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR).

    Data Retention and "Soft Deletion":

    To maintain historical accuracy, ensure data integrity across our B2B syndication network, and prevent abuse, we utilize a "soft deletion" architecture.

  • When you delete a connection—such as removing a shop member, revoking an invitation, leaving a shop, terminating a partnership, or deleting a dive log—the record is not permanently destroyed (hard deleted) from our databases immediately.
  • Instead, the data's status is changed to "inactive," "archived," "deleted," or "cancelled" (a "soft delete").
  • User Privacy: While soft-deleted data remains in our secure backend systems for auditing, re-activation (e.g., re-joining a shop), and legal compliance, it is heavily restricted and will no longer be visible in public queries, active maps, or live widgets.

    • Your Rights (Data Access and Erasure):

    Depending on your jurisdiction (e.g., California or the EU), you may have the right to request a complete export of your personal data or request permanent erasure ("hard deletion") of your account. Requests for permanent erasure can be submitted to our privacy team via the Contact Us section. We will comply with all verified erasure requests within the timeframes mandated by law, provided the data is not required to be retained for legal, security, or fraud prevention purposes.

    11. App Availability, Updates, and Modifications

    We aim to provide a reliable service, but we cannot guarantee that the App will be available continuously or free from interruptions, errors, or bugs.

  • We reserve the right to modify, suspend, or discontinue all or part of the App at any time, with or without notice.
  • We may automatically deploy updates, upgrades, or patches to the App, which may change the features or functionality.
  • We will not be liable to you or any third party for any modification, suspension, or downtime of the App or loss of data.

    • 12. Termination and Account Suspension

    We reserve the right, in our sole discretion, to suspend or terminate your account, widget access, and access to the App at any time, without notice and for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the App will immediately cease, and we may soft-delete or restrict access to your account and User Content. Sections of these Terms that, by their nature, should survive termination shall survive (e.g., Limitation of Liability, Indemnification, Disclaimers).

    13. Disclaimers of Warranties

    YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP AND ALL ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS-FREE.

    14. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEWOTOBI, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, PERSONAL INJURY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

  • 1. Your use or inability to use the App, including APIs and embedded widgets;
  • 2. Reliance on any environmental data, map locations, or certification statuses displayed on the App or third-party sites using our widgets;
  • 3. Any diving-related accidents, injuries, or fatalities;
  • 4. Any unauthorized access to or use of our secure servers and any personal information stored therein;
  • 5. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our App by any third party.

    • If you are dissatisfied with any portion of the App or with these Terms, your sole and exclusive remedy is to discontinue using the App. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

    15. Indemnification

    You agree to defend, indemnify, and hold harmless lewotobi, inc. and its employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the App;
  • Your violation of any term of these Terms;
  • Your participation in any diving activity arranged, logged, or inspired by the App;
  • Any claim that your User Content caused damage to a third party;
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right.

    • 16. Governing Law and Dispute Resolution

    These Terms shall be governed by the laws of Delaware, without respect to its conflict of laws principles.

    Binding Arbitration and Class Action Waiver:

    Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Delaware. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    17. Modifications to the Terms

    We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms.

    Contact Us

    If you have any questions about these Terms, please contact us at support@lewotobi.com.