About these Terms
These Terms of Service (“Terms”) are an agreement between you and Into the Blue (“we”, “us”), developed by Stefano and Jardi, based in Spain. They apply when you use our apps for iOS and Android and our website at intotheblue.app (together, the “Service”).
By creating an account or using the Service, you accept these Terms. If you don’t accept them, don’t use the Service. Our Privacy Policy explains how we handle your personal data.
You must be at least 16 years old to use the Service.
The Service
Into the Blue helps divers and snorkelers log dives, identify and collect the species they see, explore dive sites and regions, and keep their certifications and diver details in one place.
We keep improving the Service, so features may change. If we remove a feature that is part of a paid subscription, or make a change that significantly affects your use, we’ll tell you in advance, and if the change works against you as a paying subscriber, you can cancel and get a pro-rata refund for the unused period.
Your account
To use most features, you need an account. You agree to:
- Give accurate information and keep it up to date.
- Keep your login details secure and not share your account.
- Tell us straight away at [email protected] if you think someone else has accessed your account.
You’re responsible for what happens under your account, unless it happens because we failed to keep it secure.
You can delete your account at any time in the app under Settings → Legal → Delete Account; to have all of your data erased as well, email us (see our Privacy Policy). Deleting your account doesn’t cancel a Pro subscription billed by Apple or Google; cancel that in your store account settings (see Pro subscriptions).
Pro subscriptions
Into the Blue is free to use. Pro is an optional subscription that unlocks extra features, as described in the app at the time you subscribe.
- Billing. Pro is sold and billed by Apple (App Store) or Google (Google Play), using the payment method in your store account. The price, including taxes, is shown before you confirm.
- Automatic renewal. Pro renews automatically at the end of each period (monthly or yearly) at the then-current price, unless you cancel at least 24 hours before the period ends.
- Cancellation. You can cancel at any time in your App Store or Google Play subscription settings. You keep Pro until the end of the period you’ve paid for.
- Free trials. If you start a free trial, you’ll be charged when it ends unless you cancel before. The length of the trial is shown before you start it.
- Price changes. If the price changes, we’ll tell you in advance, and Apple or Google will ask for your agreement where required. You can cancel before the new price applies.
- Refunds. Refunds are handled by Apple or Google under their policies. This doesn’t affect your rights under consumer law, including a refund if Pro doesn’t work as described.
- Right of withdrawal (EU and UK). If you live in the EU or the UK, you may have the right to cancel a purchase within 14 days. Apple and Google handle these requests under their own policies.
- Promo codes. Promotional codes and offers are subject to the conditions shown with them, can’t be exchanged for cash and may expire.
Your content
You own the dives, photos, videos, notes and other content you add to the Service (“your content”).
You give us a non-exclusive, worldwide, royalty-free license to host, store, copy, process and display your content only as needed to run the Service for you, for example to sync it between your devices and show it to the buddies you share a dive with. This license ends when you delete the content or your account, except for copies we must keep by law.
The species and dive sites you log also contribute to the aggregated statistics that all users see, such as which species are seen at a site. These statistics don’t identify you, and we may continue to use them after you delete your account.
You confirm that you have the right to upload your content and that it doesn’t break the law or anyone else’s rights, including other people’s privacy when they appear in your photos.
Acceptable use
Don’t:
- Use the Service for anything unlawful, harmful or fraudulent.
- Upload content that is illegal, offensive, or infringes someone else’s rights.
- Harass other users, or add people as buddies to contact or track them without their agreement.
- Try to access other users’ accounts or data, or our systems, without permission.
- Scrape or systematically copy data from the Service, including the dive-site and species catalogues.
- Reverse-engineer the Service, except where the law allows it.
- Interfere with the Service, overload it, or introduce malicious code.
- Impersonate anyone or misrepresent your certifications.
If you break these rules, we may remove the content concerned or suspend or close your account (see Suspension and closure).
Diving safety
Into the Blue is not a safety tool. The app does not replace diving training, dive planning, a dive computer, your certifying agency’s rules or the judgement of a dive professional. Never base a decision about your safety or anyone else’s on information from the app.
Dive-site information, conditions, weather, depths and species information are provided as general information. They come partly from third parties and other users, and may be incomplete, out of date or wrong. Conditions at sea change quickly; always check them locally before you dive.
Imported data from dive computers may be incomplete or converted inaccurately. Your dive computer and its own records remain the reference.
Species identification and AI
Blue, our species identification feature, uses artificial intelligence to suggest which species you saw, based on your description. Suggestions are generated automatically, can be wrong, and are not a scientific or expert identification. Don’t rely on them to judge whether a species is dangerous, venomous or protected, or whether it’s safe to touch or eat.
Our rights
The Service, including the Into the Blue name and logo, the app’s design and code, and the content we create or license (such as dive-site descriptions, species information and maps), belongs to us or our licensors. We give you a personal, non-transferable, revocable license to use the Service for your own, non-commercial purposes under these Terms. Some photos and map data are provided by third parties under their own licenses, which are listed on our credits page.
If you send us feedback or ideas, we may use them without any obligation to you.
Third-party services
Signing in with Apple or Google, payments through the App Store or Google Play, and maps and weather from third-party providers are subject to those providers’ own terms. We aren’t responsible for services we don’t control.
The apps are licensed to you, not sold. If you downloaded the app from the App Store, Apple’s standard Licensed Application End User License Agreement also applies. Apple is not responsible for the app or its support, and is a third-party beneficiary of these Terms.
Availability
We work to keep the Service available and your data safe, but we can’t guarantee that the Service will always be available or free of errors. We may need to interrupt it for maintenance or updates. Keep your own copies of anything that is important to you, such as your dive computer’s records.
Our liability to you
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, for intentional misconduct or gross negligence, or any other liability that can’t be limited by law. Nothing in these Terms affects your statutory rights as a consumer.
Subject to the paragraph above:
- We’re responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care. We’re not responsible for loss or damage that wasn’t foreseeable.
- The Service is for personal use. We’re not responsible for any loss of profit, business or business opportunity.
- We’re not responsible for decisions you make while diving, or for how you use information from the Service (see Diving safety).
- Our total liability to you for all claims relating to the Service is limited to the greater of €100 or the amount you paid for Pro in the 12 months before the claim.
Suspension and closure
You can stop using the Service and delete your account at any time.
We may suspend or close your account if you seriously or repeatedly break these Terms, if we must by law, or to protect other users or the Service. Unless the situation is urgent or the law prevents it, we’ll tell you why first and give you a chance to respond. If we close your account without you being at fault, and you have a paid Pro subscription, we’ll refund the unused part.
We may also stop providing the Service altogether. If we do, we’ll give you at least 60 days’ notice, a way to get a copy of your data, and a refund for any unused prepaid Pro period.
The sections that by their nature should continue after closure, including Your content, Our rights, Our liability to you and Law and disputes, continue to apply.
Changes to these Terms
We may update these Terms, for example when we add features or when the law changes. If we make significant changes, we’ll tell you by email or in the app at least 30 days before they take effect. If you don’t agree, you can delete your account and cancel your subscription before then. If you keep using the Service after that date, the new Terms apply.
Law and disputes
These Terms are governed by Spanish law. If you’re a consumer living in the EU, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in the courts of that country or of Spain.
If you have a complaint, contact us first at [email protected]; we’ll try to resolve it within 30 days.
General
- If a court finds part of these Terms invalid, the rest continue to apply.
- If we don’t enforce a right straight away, we can still enforce it later.
- We may transfer our rights and obligations under these Terms to another organization, for example to a company that runs Into the Blue, as long as your rights aren’t reduced. We’ll tell you before this happens. You can’t transfer yours without our agreement.
- These Terms, together with the Privacy Policy, are the whole agreement between you and us about the Service.
- If these Terms are available in several languages, you can rely on any of them.
Contact
Email us at [email protected]. If you need a postal address, for example to send a formal notice, ask us by email and we’ll give you one.