Terms of Use - OcusDiver

Last updated: April 20, 2026
Version: 2.0

Welcome to OcusDiver (ocusdiver.com), a digital platform for divers focused on discovering and reviewing dive sites, logging dives, sharing photos, cataloging marine biodiversity, and interacting with the community ("Platform," "Service," "OcusDiver," "we," "our," "us").

The Service is operated by IOHANNA WIELEWSKI DE SOUZA VIGINESKI - ME, registered under Brazilian Tax ID (CNPJ) No. 65.934.149/0001-93, with registered office in Sao Paulo/SP, Brazil.

By creating an account, accessing, or using the Service, you agree to these Terms of Use ("Terms"). If you do not agree, do not use the Service.

Important notice: please read Sections 1, 8, 9, 10, 11, 12, and 16 carefully. They cover the informational nature of the Service, third-party content, AI-assisted content, public photos, the inherent risks of diving, limitation of liability, and account deletion.

1. Nature of the Platform and the Information Displayed

OcusDiver is an informational and collaborative platform. Content displayed on the Platform may combine:

• user-submitted contributions;
• third-party data and public datasets;
• data processed, organized, summarized, or automatically enriched by artificial intelligence systems;
• commercial or operational information provided by third parties, including integrated or partner operators.

Information displayed about dive sites, operators, species, depth, current, visibility, coordinates, access, difficulty, best season, temperature, wildlife, and other conditions:

• may be outdated;
• may contain errors, omissions, or improper classifications;
• may reflect estimates rather than real-time measurements;
• does not replace local briefing, professional guidance, weather forecasts, tide charts, nautical charts, operational assessment, formal training, or your own safety judgment.

OcusDiver does not inspect, certify, audit, field-verify, or guarantee the accuracy, completeness, timeliness, suitability, or safety of any information displayed on the Platform.

Before diving, you must always confirm actual conditions with a qualified local operator, dive master, instructor, authorized guide, maritime authority, and your certifying agency.

2. Eligibility and Account

2.1 Minimum age

You must be at least 18 (eighteen) years old to create an account and use the Service. The Platform is not intended for minors. If we identify use by a person under 18, we may suspend or terminate the account and take any lawful measures we deem appropriate.

2.2 Registration and authentication

Access may occur through native authentication or third-party providers, including, where available, Google, Apple, Microsoft, and equivalent services.

By authenticating for the first time, you represent that:

• you have read and agree to these Terms and the Privacy Policy;
• you have legal capacity to enter into this agreement;
• you will provide truthful, current, and complete information;
• you will keep your credentials secure;
• you will not share your account with third parties.

For proof, security, and compliance purposes, we may record:

• date and time of acceptance;
• the version of the documents accepted;
• IP address;
• user agent and basic browser or device information.

2.3 OcTag and account identity

Your OcTag is a public account identifier. You may not:

• impersonate third parties, brands, or entities;
• use misleading, offensive, discriminatory, or fraudulent names;
• commercialize, resell, rent, or transfer your account or OcTag without authorization.

2.4 Dive certifications

Information about certifications, levels, agencies, numbers, or diving history shown on a profile is, unless expressly stated otherwise, self-declared. OcusDiver does not guarantee the authenticity, validity, timeliness, or sufficiency of such information.

3. Public Content, Public Profile, and Indexing

The Service includes public-facing functionality. Depending on how a feature is offered on the Platform, profiles, reviews, photos, dive logs, dive site information, and other contributions may be visible to other users, non-logged-in visitors, and search engines.

This means your public content may:

• appear on public OcusDiver pages;
• be indexed by search engines;
• appear in previews and social shares;
• be viewed, quoted, or reported by third parties.

Your email address will not be displayed publicly unless you choose to publish it in public fields yourself.

4. User Content

4.1 What you may publish

You may publish, when the functionality is available:

• dive site and operator reviews;
• dive logs;
• photos and media;
• technical information about dive sites;
• species sightings;
• profile information;
• reports, corrections, comments, and other community interactions.

4.2 Your representations when publishing content

By publishing any content ("User Content"), you represent and warrant that:

• you have the rights, permissions, and authorizations necessary to publish it;
• your content does not infringe copyrights, trademarks, privacy, image rights, honor, secrecy, publicity rights, or any third-party rights;
• your reviews reflect a real, personal, and honest experience;
• you will not publish fake, paid, incentivized, manipulated, ghostwritten, or proxy reviews, or reviews about a place or operator you did not actually visit or experience;
• you will not use generative AI, ghostwriters, automation, or third parties to materially create or rewrite reviews that are supposed to reflect your own firsthand experience, except for strictly assistive tools used for spelling or accessibility without altering the factual account;
• your technical contributions are made in good faith and as accurately as possible, recognizing that they may still be incorrect;
• you will not make serious accusations or allegations of crime, fraud, scam, abuse, or unlawful conduct without a serious factual basis, responsible wording, and a direct connection to your own experience.

4.3 Reviews and historical record after account deletion

While your account remains active, your reviews may remain linked to your public profile.

If you delete your account, OcusDiver may:

• anonymize the public authorship of the review, for example as "Deleted user";
• keep the content in de-identified form when necessary to preserve the historical integrity of the Platform, the context of public discussions, security, fraud prevention, consistency of averages and counts, and the functioning of the Service;
• remove or limit content in specific situations, as required by applicable law, court order, legal obligation, or our internal policies.

Nothing in this section guarantees that content will remain permanently available or that all published content will be automatically removed in full.

5. Photos, Image Rights, and Metadata

When uploading photos or other media, you represent that:

• you are the author of the image or have valid authorization to publish it;
• where applicable, you have authorization from identifiable persons depicted in the image;
• you are not violating image rights, privacy, intimacy, publicity rights, or minors' rights;
• you will not upload private sexual content, unauthorized intimate material, exploitative, discriminatory, unlawful, or offensive material.

Photos may contain metadata, including EXIF, such as:

• latitude and longitude;
• capture date and time;
• device model;
• other technical information.

By uploading media, you authorize OcusDiver to process such metadata to operate the Service, enrich records, detect inconsistencies, moderate content, and improve features. Where technically feasible and consistent with the feature offered, OcusDiver may reduce, remove, transform, or stop exposing metadata in publicly delivered files.

You remain responsible for the media you upload and for securing all permissions needed to publish it.

6. License You Grant to OcusDiver

You retain ownership of your User Content. However, by publishing content on the Service, you grant OcusDiver a worldwide, non-exclusive, royalty-free license, sublicensable to our affiliates, vendors, and service providers as necessary to operate the Service, and valid for as long as needed to:

• host, store, organize, and display the content;
• reproduce, adapt, resize, translate, compress, format, and create thumbnails;
• distribute, make available, index, and present the content on public pages of the Platform;
• moderate, review, flag, hide, remove, or restore content;
• advertise and promote the Platform, including in OcusDiver's own communications, social media, and institutional materials;
• generate statistics, metrics, rankings, aggregates, and de-identified insights;
• preserve backups, audit trails, historical context, and Service integrity.

This license does not transfer ownership of your content to OcusDiver.

To the extent permitted by law and only as necessary for normal operation of the Platform, you also authorize other users to view, interact with, quote, share, or respond to your public content within the Service's functionality.

7. Prohibited Conduct

You may not use the Service to:

• violate the law, these Terms, or third-party rights;
• publish defamatory, discriminatory, hateful, obscene, violent, fraudulent, or harassing content;
• publish false or misleading technical data that could place others at risk;
• publish private third-party information without legal basis or consent;
• improperly expose minors;
• engage in impersonation, fraud, social engineering, or reputation manipulation;
• create multiple accounts to manipulate ratings, followers, reports, or metrics;
• publish reviews with undisclosed conflicts of interest, including reviews of your own business, employer, competitor, or business partner, unless clearly and adequately disclosed where expressly allowed;
• publish promotional content, spam, or unauthorized commercial solicitation;
• use bots, scraping, crawling, automated extraction, reverse engineering, or unauthorized access;
• bypass security controls, rate limits, authentication, or technical restrictions;
• disclose sensitive locations of protected species, submerged sites, wrecks, or environmentally fragile areas where doing so could create harm, legal issues, or material risk.

8. Reports, Corrections, Moderation, and Removal

OcusDiver may offer tools to:

• report incorrect data;
• report content;
• request correction, review, merge of duplicates, or removal.

We reserve the right, at any time and at our discretion, subject to applicable law, to:

• review content;
• request additional information;
• hide, restrict, de-index, remove, or restore content;
• merge duplicate pages or dive sites;
• freeze or remove technical data whose reliability is under dispute;
• suspend or terminate accounts;
• cooperate with authorities and comply with lawful orders.

We may prioritize cases involving:

• imminent safety risk;
• image rights, privacy, or personal data violations;
• minors;
• unauthorized nudity or private sexual content;
• robust claims of fraud, impersonation, or copyright infringement.

Reports and notices may be sent to [email protected] or through internal Platform tools when available.

Specific reporting and review procedures may be further detailed in a separate content removal or legal channel policy.

9. Operators, Third Parties, and Booking

The Service may list operators, dive centers, boats, instructors, guides, partners, and other third parties.

Unless expressly stated otherwise, OcusDiver:

• is not a party to the contract between you and the operator or third party;
• does not guarantee any license, insurance, certification, regularity, quality, punctuality, safety, availability, or outcome of any third-party service;
• assumes no responsibility for cancellations, accidents, rescheduling, no-shows, operational failures, sanitation issues, staff conduct, transportation, weather, sea conditions, equipment, or business policies of third parties.

Where there is a third-party integration or booking flow, including through Fathom or equivalent technology, the contracting and execution of the service remain governed by the relationship between you and the corresponding provider, in addition to the applicable third-party terms.

10. AI, Technical Data, and No Warranty of Accuracy

OcusDiver may use automated systems and artificial intelligence to:

• summarize or enrich dive site descriptions;
• organize biodiversity data;
• assist moderation, classification, or search;
• suggest corrections, tags, or contextual information.

These systems may produce:

• factual errors;
• outdated information;
• incorrect inferences;
• improper simplifications;
• language that does not accurately reflect the local reality.

Therefore, AI-generated or AI-enriched content must be treated as informational and estimated, and never as official technical guidance, operational briefing, professional opinion, medical advice, real-time forecast, or guarantee of safety.

11. Diving Is a Risk Activity

Scuba diving, technical diving, freediving, snorkeling, and related aquatic activities involve inherent risks, including, without limitation:

• drowning;
• decompression sickness;
• embolism;
• barotrauma;
• disorientation;
• currents;
• collisions;
• aggressive wildlife;
• equipment failure;
• serious injury;
• disability;
• death.

By using information from the Platform to research, plan, or perform dives, you acknowledge and assume the inherent risks of the activity, and you alone are responsible for evaluating your fitness, certification, experience, equipment, local conditions, and whether the dive is appropriate under the real conditions of the day.

OcusDiver:

• does not provide emergency services;
• does not replace formal training;
• does not replace medical assessment;
• does not replace in-person briefing;
• does not replace real-time assessment of weather, sea, tide, wind, visibility, current, and access conditions.

In the event of an emergency, immediately contact the local operator, rescue services, competent authorities, and appropriate medical care.

12. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available," without express or implied warranties, including, without limitation:

• accuracy, reliability, completeness, or timeliness of any information;
• fitness for a particular purpose;
• continuous availability and error-free operation;
• absolute security;
• absence of viruses, failures, interruptions, or data loss;
• truthfulness of user-submitted or third-party content.

Nothing in this section excludes non-waivable rights provided by applicable law, especially mandatory consumer protection rules.

13. Limitation of Liability

To the maximum extent permitted by applicable law, OcusDiver, its owners, officers, affiliates, contractors, and partners will not be liable for:

• indirect, incidental, special, punitive, exemplary, or consequential damages;
• loss of opportunity, reputation, revenue, business, or data;
• damages resulting from third-party or user content;
• damages resulting from reliance on technical data, reviews, photos, coordinates, AI-generated text, or any information on the Platform;
• accidents, injuries, disability, death, equipment loss, or damage related to diving, even if the user consulted the Platform beforehand;
• acts or omissions of operators, guides, boats, instructors, partners, providers, or other third parties.

If, despite the limitations above, OcusDiver is found liable in a situation where liability cannot legally be excluded, OcusDiver's total liability will be limited, to the greatest extent permitted, to the greater of:

1. the total amount actually paid by you to OcusDiver in the 12 months before the event giving rise to liability; and
2. BRL 500.00.

This section will always be interpreted in accordance with the mandatory law applicable to the case.

14. Indemnification

You agree to indemnify, defend, and hold harmless OcusDiver from losses, damages, liabilities, costs, and reasonable expenses, including attorneys' fees, arising from:

• your breach of these Terms;
• content you published;
• your violation of third-party rights;
• misuse of the Platform;
• diving activity performed by you or by third parties based on knowingly false or misleading content you provided.

This obligation applies only to the extent permitted by applicable law.

15. Privacy and Data Protection

Personal data processing is governed by the OcusDiver Privacy Policy, which is incorporated into these Terms.

By using the Service, you acknowledge that certain data and content may be public, processed by infrastructure vendors, and, when necessary for operating the Service, transferred internationally in accordance with applicable law.

16. Suspension, Termination, and Account Deletion

16.1 Termination by you

You may request account deletion through the means made available on the Platform or through our contact channels.

16.2 Suspension or termination by us

We may suspend, restrict, or terminate your account, with or without prior notice, when:

• these Terms are violated;
• there is risk to the community, safety, or integrity of the Platform;
• there is fraud, impersonation, or manipulation;
• there is a court order, legal obligation, or instruction from a competent authority;
• the Service is discontinued.

16.3 Effects of deletion

After deletion or termination:

• your access may be disabled;
• certain data may be retained for legal obligations, security, fraud prevention, backup, and exercise of legal rights;
• public content may remain in de-identified or aggregated form, as allowed by law and described in the Privacy Policy;
• licenses already needed for preserving context, backups, historical integrity, and Service operation will remain valid for as long as necessary.

17. Changes to the Terms

We may modify these Terms from time to time. Material changes may be communicated through a Platform notice, email, renewed acceptance flow, or another reasonable method.

Continued use of the Service after the effective date of the changes constitutes acceptance of the updated Terms, unless applicable law requires another form.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil.

The courts of the Judicial District of Sao Paulo/SP are chosen as the forum for disputes arising from these Terms, subject to any mandatory venue or consumer rights that cannot legally be waived.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain valid and enforceable.

19. Contact

Questions, notices, reports, and requests related to these Terms may be sent to:

• Email: [email protected]
• Service operator: IOHANNA WIELEWSKI DE SOUZA VIGINESKI - ME - CNPJ No. 65.934.149/0001-93 - Sao Paulo/SP, Brazil

By using OcusDiver, you acknowledge that you have read, understood, and agreed to these Terms of Use.