Terms of Service
Effective: October 23, 2026
These Terms of Service ("Terms") are the agreement between you and Goliath Dynamics Inc. ("ScubaTerra", "we", "us") for using scubaterra.com, the ScubaTerra apps, the ScubaTerra API and the tools on them (together, the "service"). By using the service, saving photos or video to a profile, adding a dive site or issuing an API key, you agree to them. If you don't agree, please don't use the service.
1. Your account
You sign in with an email address; a one-time code or link sent to that address is your password. Keep access to that mailbox to yourself: anything done from your account is treated as done by you. You must be at least 16 to hold an account. We may suspend or close an account that breaks these Terms.
2. Photos and video you save
You can save your own dive photos and video to your profile, attached to the dive site where they were taken. You keep every right you have in them. So that we can show them, you give ScubaTerra a worldwide, non-exclusive, royalty-free licence to host, store, copy, resize, transcode, display and distribute them on the service (on your profile, on the page for that dive site, and in the apps), to use them to describe and promote the service, and to sublicense them to developers through the ScubaTerra API under the API Terms. When media you saved is included in paid API access, you may qualify for a share of that revenue as those terms describe. The licence lasts as long as the media stays on the service, plus the time it takes to remove it from backups and from API caches.
By saving a file you confirm that you took it or otherwise have the right to share it under this licence; that it shows what it claims to (the dive site you attach it to); and that it contains nothing unlawful, hateful, sexually explicit, or that invades someone's privacy. We may remove anything that breaks these rules, and we may remove or resize media for technical reasons. You can delete your saved media from your profile at any time.
If you save media before signing in, it is held under a key in your browser and attached to your account when you sign in. Until then only someone with that key can claim it; if nobody claims it we may delete it.
3. Dive sites you add
If the site you dived isn't in ScubaTerra yet, you can add it: a name, a country and a point on the map. You confirm the information is accurate to the best of your knowledge. New sites are reviewed before they appear publicly; we may edit, rename, merge, move or decline a submission, and we may credit the person who added it. Dive-site information you submit is licensed to ScubaTerra on the same terms as your media, and we may publish it under an open licence so that it stays useful to divers.
4. Colour correction and other tools
The colour-correction tool runs on your own computer. Files you correct are not sent to us unless you choose to save them to your profile. The tool is provided as-is; keep your originals.
5. Dive information
Site descriptions, depths, conditions, access notes and everything else on the service are collected from public sources and from divers, and can be wrong, incomplete or out of date. They are no substitute for training, certification, local knowledge, a current briefing or your own judgement. Diving carries real risk, and you dive at your own risk. ScubaTerra is not a dive operator and does not plan, supervise or guarantee any dive.
6. Acceptable use
- Don't upload anything you don't have the right to share, or that is illegal where you or we are.
- Don't misrepresent where media was taken or add dive sites you know to be false.
- Don't scrape, bulk-download or overload the service, or try to get around its limits. The one sanctioned way to use the dataset in your own software is the ScubaTerra API.
- Don't attempt to gain unauthorised access to the service, other people's accounts or any underlying system.
- Don't harass other people or interfere with their use of the service.
- Don't impersonate any person or entity or misrepresent your affiliation.
We may investigate, suspend or terminate access for suspected violations.
7. The ScubaTerra API
Access to the dive-site dataset through the API is governed by the API Terms, which you accept separately before issuing a key. They cover request limits, fees, the 30-day limit on caching, how images are licensed, and the absence of any warranty about the accuracy or timeliness of the data or the safety of any location.
8. Our content and intellectual property
The ScubaTerra name, design, software and the compilation of dive-site information are ours or our licensors' and are protected by intellectual-property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the service for your own personal, non-commercial purposes in accordance with these Terms; commercial use of the dataset is available only through the API. All rights not expressly granted are reserved. Third-party photos and text shown on site pages belong to their credited sources.
If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or compensation.
9. Privacy
Our handling of personal data is described in our Privacy Policy. By using the service you acknowledge the collection and use of information described there.
10. Third-party content and services
Map tiles, embedded posts, photos credited to other sources, and the email service that delivers your sign-in code are provided by third parties under their own terms. We are not responsible for them and make no representations about their availability or continued compatibility with the service.
11. No warranty
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY DIVE-SITE INFORMATION IS ACCURATE, CURRENT OR SAFE TO RELY ON.
12. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER GOLIATH DYNAMICS INC. NOR ITS AFFILIATES, OFFICERS, EMPLOYEES OR LICENSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, FOR LOST DATA OR MEDIA, FOR LOST PROFITS, REVENUE, GOODWILL OR BUSINESS OPPORTUNITY, OR FOR ANY INJURY OR LOSS ARISING FROM A DIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent the law permits.
13. Indemnification
You agree to defend, indemnify and hold harmless Goliath Dynamics Inc. and its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of or connected with (a) your use of the service, (b) media or dive-site information you add, (c) your use of the API, (d) your violation of these Terms, or (e) your violation of any third-party right or applicable law.
14. Ending things
You can stop using the service, delete your saved media, or ask us to close your account at any time. We may suspend or end access that breaks these Terms, with or without notice. Sections 2, 3, 5, 7, 8 and 11 through 17 survive after an account is closed, to the extent needed for media and submissions already published and for claims already arisen.
15. Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles.
Informal resolution. Before filing any claim, the parties agree to try to resolve the dispute informally for at least 30 days after written notice.
Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the service that is not resolved informally will be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, by a single arbitrator, in Orlando, Florida (or remotely by unanimous consent). Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. YOU AND GOLIATH DYNAMICS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exceptions. Either party may bring (a) an action in small-claims court for qualifying claims, or (b) an action in court for injunctive or equitable relief regarding intellectual property or unauthorised access.
Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing notice to hello@scubaterra.com.
16. Changes
We may update these Terms. When a change matters, we will show the new Terms the next time you save or sign in and ask you to accept them; material changes to API fees or limits are announced at least 30 days before they take effect. The effective date at the top tells you which version this is.
17. General
Entire agreement. These Terms, together with the Privacy Policy and the API Terms, are the entire agreement between you and Goliath Dynamics Inc. regarding the service and supersede all prior agreements.
Assignment. You may not assign these Terms without our prior written consent. We may assign them without restriction.
Severability. If any provision is held unenforceable, the remaining provisions stay in full force and effect.
No waiver. Failure to enforce any provision is not a waiver of future enforcement.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
Notices. Notices to us go to hello@scubaterra.com. Notices to you may be sent to the email address on your account.
Relationship. The parties are independent contractors. These Terms do not create any agency, partnership or joint venture.
Export and sanctions. You will comply with all applicable export-control and sanctions laws.
18. Contact
Questions about these Terms, or a request to remove something: contact us or email hello@scubaterra.com.