Terms of Service

Last updated: August 11, 2026

1. Acceptance of Terms

Be Underwater is a service operated by EJ Digital LLC, 30 N Gould St Ste 5328, Sheridan, WY 82801, United States (“Be Underwater”, “we”, “us”). By accessing or using Be Underwater (the “Service”), including our website and mobile application, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must not use the Service.

2. License to Use the App (EULA)

Be Underwater grants you a limited, non-exclusive, non-transferable, revocable license to use the app for personal, non-commercial purposes, in accordance with these Terms.

You may not copy, modify, distribute, sell, or reverse engineer any part of the app.

App Store subscriptions are also governed by Apple's Standard End User License Agreement (EULA): https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

3. Service Description

Be Underwater is a marketplace that allows users to discover, compare, and book scuba diving courses and experiences offered by independent third-party dive centers.

Be Underwater is not a dive operator, instructor, or travel provider. All services are provided by independent dive centers, which are solely responsible for their activities.

4. User Accounts

You are responsible for maintaining the confidentiality of your account and all activities under it.

5. User-Generated Content

By uploading content, you grant Be Underwater a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content in connection with the Service.

6. Payments and Fees

Be Underwater operates as a marketplace connecting users with independent dive centers. Payments made through the platform relate to bookings with these third-party providers.

By making a booking, you agree to pay all applicable fees as displayed during the checkout process. All payments are processed securely, and you will receive confirmation of your transaction.

6.1 Payment Methods

We accept various payment methods, including credit cards, debit cards, and online payment providers. By providing payment information, you confirm that you are authorized to use the selected method.

6.2 Pricing and Responsibility

Prices, availability, and service conditions are set and managed by the dive centers. Be Underwater does not control or guarantee pricing, availability, or service quality.

6.3 Refunds

Refund policies are determined by the dive center and the type of listing (refundable or non-refundable).

  • Refundable listings: your card may be authorized at booking, with payment typically captured around one week before the course start date.
  • Non-refundable listings: payment may be captured immediately at the time of booking.

Once payment has been captured, bookings are generally non-refundable, except where required by law or in exceptional cases approved by the dive center or Be Underwater.

If you believe there has been an issue with your payment, please contact our support team.

7. Cancellations and Refunds

Cancellation and refund policies are primarily determined by the dive centers. Be Underwater acts as an intermediary and does not control individual provider policies.

7.1 Dive Center Cancellations

If a dive center cancels a booking with less than one week's notice, the diver will receive a full refund.

In cases of force majeure (e.g. severe weather), refunds may still apply if valid proof is provided.

7.2 Diver Cancellations

Once a payment has been captured, bookings are generally non-refundable unless required by law or approved in exceptional circumstances.

Rescheduling depends on dive center availability and is not guaranteed.

7.3 No-shows

No refunds will be issued for no-shows.

7.4 Liveaboard Cancellations

Liveaboard bookings may have stricter cancellation policies. Users must review conditions before booking.

8. Dive Center Obligations

Dive centers listed on Be Underwater agree to provide accurate and up-to-date information about their services, including pricing, itineraries, certification requirements, equipment, languages spoken, and staff qualifications.

Dive centers must honour confirmed bookings. Any material change to a confirmed booking — including itinerary modifications, location changes, or service reductions — must be communicated to the diver as soon as possible.

Be Underwater reserves the right to remove any listing, suspend any dive center account, or issue refunds at its discretion if a dive center is found to have provided inaccurate information or failed to deliver the booked service.

9. Third-Party Responsibility

Dive centers are independent third parties and are solely responsible for pricing, availability, safety, certifications, and service delivery.

10. User Responsibility

You are responsible for ensuring you meet all health, certification, and experience requirements before participating in any activity. Users participate at their own risk.

11. Limitation of Liability

To the maximum extent permitted by law, Be Underwater shall not be liable for any injury, loss, damages, or incidents arising from services booked through the platform.

12. App Availability

We do not guarantee that the Service will always be available, uninterrupted, or error-free.

13. Termination

We may suspend or terminate access to the Service at any time if these Terms are violated.

14. Changes to Terms

We may update these Terms at any time. Continued use means acceptance of the updated Terms.

15. Dispute Resolution

If you have a complaint about a booking, you must contact us at beunderwaterapp@gmail.com within 14 days of the activity date, providing a written description of the issue and any supporting evidence (photos, messages, receipts).

Be Underwater will review the complaint and respond within 7 business days. We may request additional information from both the diver and the dive center before reaching a decision.

Be Underwater's decision is final in cases where a refund or partial refund is approved at our discretion. We are not obligated to mediate disputes beyond our stated refund policy.

16. Liveaboard Bookings — Additional Terms

Liveaboard operators are responsible for delivering the itinerary, dive sites, and services as listed at the time of booking. Significant deviations — including but not limited to route changes, cancelled dive sites, or missing staff — may qualify for partial refund consideration under our dispute process (Section 15).

Force majeure events (severe weather, mechanical failure, safety emergencies) are exempt from refund obligations if documented by the operator.

Be Underwater is not liable for liveaboard conditions, onboard safety, or decisions made by the vessel operator. Users book liveaboard experiences at their own risk.

17. Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Wyoming.

18. Contact

Contact: beunderwaterapp@gmail.com