Terms of Service

1This agreement

This is the agreement between Texas Scuba Academy, LLC (“DiveDesk,” “we,” “us”) and the business that subscribes to the DiveDesk service (“you,” “your shop”). It covers the DiveDesk web application, its admin, its storefront, its APIs, and anything else we provide as part of the service.

You accept it by creating an account or using the service. If you are accepting on behalf of a business, you are confirming you have authority to bind that business. If you do not have that authority, or you do not agree, do not use DiveDesk.

2Licence

For as long as your subscription is current and you are following this agreement, we grant your shop a non-exclusive, non-transferable, revocable licence to access and use DiveDesk for your own business operations. Your staff may use it under that licence.

DiveDesk is licensed, not sold. We keep all rights in the software, its design, and its documentation. Nothing here transfers ownership of any part of it to you.

3What you may not do

• Resell, sublicense, or provide DiveDesk to a third party as your own service.
• Copy, decompile, reverse-engineer, or attempt to derive the source code, except where law grants you that right regardless of contract.
• Probe, scan, or test the security of the service, or attempt to access another shop’s data or any account you were not granted.
• Use the service to store or send unlawful content, or to send bulk unsolicited messages.
• Interfere with the service’s operation, circumvent rate limits, or place unreasonable load on it through automated means.
• Remove or obscure any proprietary notice in the software.

You are responsible for what your staff do under your account, for keeping login credentials secure, and for removing access promptly when someone leaves.

4Your data stays yours

You own your shop’s data — your divers, orders, certifications, training records, inventory, and everything else you put into DiveDesk. We claim no ownership of it. We use it only to run the service for you, as described in our Privacy Policy.

You are responsible for the accuracy of what you enter and for having the right to collect it — including obtaining consent from your divers where the law requires it, and from a parent or guardian where a student is a minor.

You can export your data at any time while your account is active. On request within 90 days of cancellation, we will provide a copy in a standard format.

5Fees and payment

Subscription fees are the amounts quoted when you sign up, billed in advance on a recurring basis until you cancel. Fees are non-refundable except where this agreement or the law says otherwise. We may change pricing with at least 30 days’ notice before it applies to your next renewal.

Payments your shop takes from its own customers are processed by Stripe under your own Stripe account, on Stripe’s terms, and settle directly to you. Card processing fees are Stripe’s and are separate from DiveDesk subscription fees. You are responsible for sales tax on your own sales; DiveDesk calculates and records tax as you configure it, and configuring it correctly is your responsibility, not ours.

If a subscription payment fails, we may suspend access after notice. We will not delete your data for non-payment without giving you a reasonable chance to export it.

6Connected services

DiveDesk connects to services you choose to enable — Stripe, QuickBooks Online, Google Calendar, shipping carriers, certifying agencies, and others. Those connections are optional, you authorise each one, and you can disconnect any of them from the admin.

Each connected service has its own terms and its own relationship with you. We are not responsible for their availability, their pricing, or their decisions. If one of them changes an API or terminates your access, we will do what we reasonably can to adapt, but we cannot guarantee a connection will remain available.

Accounting is your responsibility. The QuickBooks sync writes summary journal entries from your DiveDesk transactions. It is a convenience, not a substitute for review. You or your accountant should verify your books. We are not your accountant and we do not give tax or accounting advice.

7Availability and support

We aim to keep DiveDesk available continuously and we monitor it, but we do not offer a contractual uptime guarantee. Maintenance, provider outages, and failures outside our control will occasionally interrupt service.

Support is provided by email at hello@divedesk.io during normal business hours. We take urgent problems — anything blocking payments or customer bookings — ahead of everything else.

8Disclaimer of warranties

Except as expressly stated here, DiveDesk is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all other 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, error-free, or that it will meet every requirement of your business.

9Limitation of liability

To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, even if advised such damages were possible.

Our total liability arising out of or relating to this agreement is limited to the amount you paid us in subscription fees during the twelve months before the event giving rise to the claim.

Nothing in this section limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.

10Diving safety is not our field

DiveDesk is recordkeeping and business software. It is not a dive planning tool, not a medical screening tool, and not a substitute for the standards of your certifying agency or the judgement of your instructors. You remain solely responsible for training standards, medical clearance decisions, equipment servicing, and the safety of your divers. Storing a waiver or a medical questionnaire in DiveDesk does not mean we have reviewed it.

11Termination

You may cancel at any time; cancellation takes effect at the end of your current billing period. We may suspend or terminate your account if you materially breach this agreement and do not fix it within 30 days of written notice, or immediately if your use threatens the security or lawful operation of the service.

On termination your licence ends and access stops. The sections on data ownership, fees already owed, warranty disclaimers, liability, and governing law survive.

12Changes to these terms

We may update this agreement as the product and the law change. For material changes we will notify shop administrators by email at least 30 days before they take effect. If you do not accept a change, your remedy is to cancel before it applies. Continuing to use DiveDesk after the effective date means you accept the updated terms.

13General

This agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and the state and federal courts located in Texas have exclusive jurisdiction over any dispute.

If any provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not assign this agreement without our written consent; we may assign it in connection with a merger or sale of the business. Together with the Privacy Policy, this is the entire agreement between us about DiveDesk.

14Contact

DiveDesk is operated by Texas Scuba Academy, LLC. Questions about this agreement go to hello@divedesk.io.