Terms of Service

DiveWell (the "Service") is operated by Tabb Labs LLC, a North Carolina limited liability company ("Tabb Labs", "we", "us"). These Terms of Service (the "Terms") are a binding agreement between Tabb Labs and the business or individual that registers a DiveWell account ("you"). By checking the acceptance box at signup, creating an account, or using the Service, you agree to these Terms on behalf of yourself and the shop or business you represent, and you confirm that you have authority to bind that business.

The Service is a recordkeeping, scheduling, and reminder tool for dive shop operations. It does not provide legal, regulatory, medical, or other professional advice, and no output of the Service constitutes a determination that you, your staff, your customers, or your equipment are in compliance with any law, regulation, or standard.

Any compliance status, due date, block, warning, or reminder shown by the Service is a signal computed from the data your shop enters and from general interval rules configured in the software. It is based solely on that data. It is not an inspection, it is not a certification, and it is not a substitute for the inspection and judgment of a qualified technician. Never fill, rent, or return to service any cylinder or other equipment based solely on the Service.

The interval rules and reference values built into the Service may not be current, complete, or applicable to your jurisdiction, your equipment, or your circumstances, and we make no warranty that they are. A signal can be wrong in either direction: the Service may show an item as due or blocked when it is not, and, where the data entered is missing, wrong, or out of date, the Service may fail to surface an issue that exists. The absence of a warning is not a statement that equipment is safe or compliant. Your shop's own procedures, qualified personnel, and the primary regulatory sources that apply to you control at all times.

You are solely responsible for:

• your compliance with all laws, regulations, and standards that apply to your business, including cylinder requalification and inspection requirements, equipment service requirements, and training and supervision standards;
• meeting all deadlines, whether or not the Service reminds you of them;
• all inspection, maintenance, fill, rental, and safety decisions;
• the accuracy, completeness, and timeliness of the data your shop enters;
• maintaining any records your business is required by law to keep; and
• safeguarding your account credentials and all activity that occurs under your shop's accounts.

The Service can store signed waivers and can administer a medical screening questionnaire that records flagged screening items and physician clearance status. Any document template text available in the Service is provided as a convenience only and is not legal advice; you are responsible for having your own attorney review any waiver, release, or agreement before your shop uses it with customers. The medical screening feature records screening flags; it does not provide medical advice, and decisions about whether a customer may participate in diving activities remain yours and, where applicable, a physician's.

You agree to provide accurate registration information and to keep it current. When you accept these Terms at signup we record the acceptance timestamp and the version of the Terms you accepted. If we make a material change to these Terms, we will post the updated Terms with a new version and effective date, and we may require you to accept the updated Terms before continuing to use the Service.

The Service is a paid subscription, billed monthly through our payment processor, Stripe, at the price shown at checkout. You may cancel at any time; cancellation takes effect at the end of the current billing period, and fees already paid are not refunded except where required by law. We may change subscription pricing with advance notice, effective at your next billing cycle.

Our Privacy Policy describes what the Service stores and how it is handled, including the minimized, flags-only design of medical screening data. Because the records your shop keeps in the Service may be compliance and liability records, closing an account deactivates it rather than erasing its records; stored records are preserved as described in the Privacy Policy.

The Service is provided "as is" and "as available". To the fullest extent permitted by law, Tabb Labs disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or without errors, that defects will be corrected, or that data will never be lost. Nothing in this section excludes a warranty or right that applicable law does not allow to be excluded.

To the fullest extent permitted by law, the total aggregate liability of Tabb Labs and its member, officers, and contractors for all claims arising out of or relating to the Service or these Terms will not exceed the fees you paid to Tabb Labs for the Service in the twelve months preceding the event giving rise to the claim.

To the fullest extent permitted by law, Tabb Labs will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Without limiting the foregoing, Tabb Labs will not be liable for fines, penalties, regulatory enforcement or remediation costs, license or certification actions, lost business, or third-party claims, including claims by your customers, arising out of your operations, your equipment, or your reliance on any signal, status, reminder, or output of the Service, or on the absence of one. This exclusion applies regardless of the theory of liability and even if Tabb Labs has been advised of the possibility of such damages, and it applies even if a limited remedy fails of its essential purpose.

You will defend, indemnify, and hold harmless Tabb Labs and its member, officers, and contractors from and against any claims, damages, and expenses (including reasonable attorneys' fees) arising out of your shop's operations, equipment, or services to its customers, your violation of any law or regulation, or your breach of these Terms.

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate access for material breach of these Terms or for nonpayment, after reasonable notice where practicable. Sections of these Terms that by their nature should survive termination (including sections 8 through 12) survive it, and stored records are handled as described in section 8.

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. The state and federal courts located in Wake County, North Carolina have exclusive jurisdiction over any dispute arising out of these Terms or the Service, and each party consents to venue there.

Questions about these Terms can be sent to [email protected]. Tabb Labs LLC, North Carolina, USA.