Terms and conditions

1. Who we are and what this is

Welcome to OQUEA. These Terms and Conditions (hereinafter, the "Terms") govern the use of the OQUEA platform, accessible through our website, mobile application and other forms of access we may enable in the future (hereinafter, the "Platform").

The Platform is owned by OQUEA TECHNOLOGIES, S.L. (hereinafter, "OQUEA" or "we"), a Spanish company with the following details:

OQUEA is a platform for people who practise water sports —starting with diving, freediving and snorkelling— and the centres that organise activities in the water. It allows users to keep a digital logbook, scan QR codes to record their participation in centre activities, share content about their experiences, and allows centres to manage their profile, activities and customer history.

Before using the Platform, please read these Terms carefully. By registering or using OQUEA you accept everything stated here. If you do not agree with any part, do not use the Platform.

2. Definitions

For the purposes of these Terms:

• "User" means any natural person who accesses or uses OQUEA.
• "Centre" means any dive centre, school, club, professional operator or entity that creates a professional profile on OQUEA.
• "Activity" means any dive, trip, course, discovery experience, event or service published or managed by a Centre through the Platform.
• "Content" means any text, image, video, dive data, comment, review, profile, post or material uploaded by Users or Centres.
• "Platform" means OQUEA's website, web app, mobile app and any other interface.

3. Who can use OQUEA

To use OQUEA you must:

1. Be of legal age under the legislation of your country of residence (generally, 18 years old). This is the minimum age of the Platform; we do not admit minors.
2. Have legal capacity to enter into contracts.
3. Provide truthful and up-to-date information when registering and keep it that way throughout the life of your account.
4. Have a device and internet connection compatible with the Platform.

If you register on behalf of an entity (e.g. a dive Centre), you warrant that you have authority to bind that entity to these Terms.

3.1 Consumer and professional users

When you use OQUEA as a consumer, you have the rights granted to you by consumer-protection law.

When you use OQUEA on behalf of a Centre, company, club, association or professional operator, you act with a business or professional purpose and accept the conditions applicable to Centres set out in these Terms.

4. How an account is created

Registration on OQUEA is free of charge as of today and requires:

• A valid email address.
• A unique username.
• Express acceptance of these Terms and the Privacy Policy, available at /en/privacy-policy/.

OQUEA offers two sign-in methods:

• Magic link via email (no password). You receive an email with a link that identifies you.
• Sign-in with Google.

You are responsible for the security of the email account and Google account associated with your OQUEA account, as well as for any activity carried out from your account. If you detect unauthorised access, please report it immediately at support@oquea.com.

A natural person may only have one individual User account. Duplicating accounts with the same identity may result in the suspension of all of them.

5. Permitted use of the Platform

OQUEA allows you, among other things, to:

• Keep a personal dive logbook, with text, technical data, photos and videos that you contribute.
• Scan Centre QR codes to record your participation in Activities scheduled by them.
• View your public profile and the public profiles of other Users and Centres.
• Upload Content to shared albums of Activities you have taken part in.
• Follow Centres to receive information about their Activities.

OQUEA may add, modify or remove functionalities at any time, announcing it where appropriate.

6. Prohibited conduct

When using OQUEA, you agree NOT to:

• Impersonate another person or entity.
• Use the Platform for illegal or fraudulent activities or to infringe third-party rights.
• Upload Content that is obscene, violent, discriminatory, defamatory, hateful or that infringes intellectual-property or image rights of third parties.
• Send spam, unauthorised advertising or use the Platform for commercial purposes not agreed with OQUEA.
• Access or attempt to access other Users' or Centres' accounts without authorisation.
• Access the Platform via undocumented interfaces, automations, scripts, bots, unauthorised integrations, shared credentials, scraping or mass data extraction, unless expressly authorised by OQUEA, or any use that may affect the security, availability, integrity or normal operation of the Platform.
• Reverse-engineer, decompile or attempt to obtain the source code of the Platform.
• Circumvent, disable or interfere with security measures or technical limitations of the Platform.
• Upload malicious files, viruses, malware or code designed to damage systems or data.
• Harass, threaten or intimidate other Users or OQUEA staff.

Breach of these rules may lead to the sanctions described in section 16.

7. Content you upload to the Platform

7.1 You own your Content

All Content you upload to OQUEA —photos, videos, descriptions, dive data, reviews, biography and any other element you contribute— remains your property. OQUEA claims no copyright over what you upload.

7.2 Licences you grant us

For the Platform to work, we need you to grant us certain licences over your Content. By uploading it, you automatically grant us:

For private Content in your personal dive logbook:

• A free, worldwide, non-exclusive and limited licence to store your Content on our servers and display it to you within the Platform.
• This licence is strictly non-commercial. We do not use your private Content for marketing, advertising or to show it to third parties.
• The licence terminates when you delete the Content or your account.

For Content uploaded to shared Activity albums:

• A free, worldwide, non-exclusive licence to store the Content on our servers, display it to other authenticated OQUEA Users while the album is available (30 days from the Activity), and allow its viewing within the Platform.
• This licence does not include commercial uses by OQUEA. If we ever wished to extend it for commercial or marketing uses, we would ask you explicitly and only proceed with your consent.

7.3 Public or community-visible Content

For Content you post on public profiles, posts, comments, reviews, rankings, Centre pages, events, community or other publicly visible areas of the Platform, you grant OQUEA a free, worldwide, non-exclusive licence, revocable by deleting the Content where technically possible, to host, reproduce, display, technically adapt and distribute that Content within the Platform and on its own channels where necessary to promote the functionality you have participated in.

OQUEA will not sell your Content to third parties and will not use it in identifiable external advertising campaigns without your additional authorisation where legally required.

7.4 Reviews and ratings

Ratings, comments or reviews about Centres, Activities or other elements of the Platform must be based on real experiences, be expressed respectfully and not include false, defamatory, insulting, discriminatory, covert promotional Content or Content unrelated to the experience being rated.

OQUEA may moderate, hide or remove reviews where there are reasonable grounds for breach, manipulation, conflict of interest or infringement of third-party rights.

7.5 Warranties about Content

You warrant that the Content you upload:

• Is your own authorship or you have the necessary rights to upload it.
• Does not infringe intellectual-property, image or privacy rights of third parties.
• Does not breach any applicable legal rule.

If you upload Content in which other people appear (e.g. group photos on a dive), you are responsible for having their consent or the legal basis that supports their inclusion.

If a person believes they appear in Content that has been uploaded without their consent, they may request removal by writing to support@oquea.com. OQUEA will assess the request and, where appropriate, remove the Content within a reasonable period.

7.6 Aggregated and anonymised data

OQUEA may generate aggregated and anonymised data from the use of the Platform —for example, statistics on average depths, most-observed marine life by region or activity trends— and use them for service improvement, internal analysis, communication, marketing or research. These data do not allow the identification of any specific person.

8. OQUEA's content and intellectual property

The Platform itself —including the OQUEA brand, logo, design, interface, code, institutional texts, icons, illustrations and any element created by OQUEA— is protected by intellectual-property and trademark rights.

You may not copy, modify, distribute, sell or exploit any element of the Platform without our prior written authorisation.

Use of the Platform does not grant you any rights over OQUEA's intellectual property beyond the personal, non-transferable licence to use it in accordance with these Terms.

9. Use of Centre QR codes

QR codes generated or provided by Centres allow Users to access Activities, register their participation, link certain dives or experiences to a Centre, access shared albums or use other functionalities available at any given time.

Scanning a QR does not in itself imply that OQUEA organises, sells, supervises or guarantees the corresponding Activity. The Activity remains the exclusive responsibility of the Centre that organises it.

The User is responsible for checking that the Activity, Centre, date and associated data are correct before confirming any registration.

10. Dive centres

10.1 Relationship between OQUEA, Centres and Users

OQUEA is a technology platform that connects divers with Centres. OQUEA does not organise, direct, supervise or directly provide diving, freediving, snorkelling or any other water Activities.

The Activities that appear on OQUEA are organised and provided exclusively by the Centres that publish them. Each Centre is solely responsible for:

• Planning and safely executing its Activities.
• Complying with applicable regulations (sporting, sanitary, tax, environmental).
• Holding the licences, certifications and mandatory insurance.
• The qualifications of its instructors and guides.
• Reviewing the physical condition and documentation of participants.

If you take part in an Activity organised by a Centre, the contractual relationship is between you and the Centre, not between you and OQUEA. Any incident, claim, damage or dispute related to the Activity must be addressed to the relevant Centre under its own terms.

10.2 Specific conditions for Centres

Centres that use OQUEA represent and warrant that they:

1. Are legally authorised to provide the Activities they publish or manage on the Platform.
2. Hold the licences, insurance, authorisations, certifications and qualified personnel required by applicable regulations.
3. Ensure the information posted on their profile, Activities, prices, schedules, services, equipment, certifications and availability is truthful, up-to-date and not misleading.
4. Will not use OQUEA to send unauthorised commercial communications, spam or contact Users outside the permitted purposes.
5. Are responsible for the contractual, operational and safety relationship with Users participating in their Activities.
6. Will hold OQUEA harmless from claims arising from their Activities, legal breaches, negligence, lack of insurance, incorrect information or misuse of the Platform.

10.3 Centre verification and suspension

OQUEA may request from Centres reasonable documentation to evidence their identity, licences, insurance, certifications, business ownership or authorisation to operate.

OQUEA may reject, suspend, withdraw verification, limit visibility or cancel the profile of a Centre where there are reasonable signs of legal breach, false information, misuse of the Platform, serious User complaints, or risk to the safety, reputation or operation of OQUEA.

11. Rankings, statistics and gamification

OQUEA may offer features such as statistics, achievements, rankings, badges, counters or gamification elements. These features have an informational, social and recreational purpose.

They may be based on data introduced by Users, Centres or generated by the Platform, and therefore OQUEA does not guarantee their absolute accuracy.

OQUEA may correct, recalculate, hide or remove rankings, achievements or statistics when it detects errors, abuse, manipulation or breach of these Terms.

12. Paid services

As of today, OQUEA is free for all Users.

Some functionalities may be offered free of charge, in beta, promotional or trial mode. OQUEA may modify, limit or stop offering certain professional functionalities for free, with reasonable advance notice when the change substantially affects active Centres.

Paid plans, prices, applicable taxes, duration, renewal, cancellation and possible refunds will be governed by the particular conditions accepted at the time of contracting.

Unless expressly stated otherwise, free functionalities do not give rise to a right to indefinite maintenance, continuity, financial compensation or preservation of future commercial conditions.

Payments will be processed through specialised external providers of online payments (e.g. Stripe or equivalents), under their own terms and conditions, without OQUEA directly storing the User's financial data.

13. Limitation of liability

OQUEA takes all reasonable care to keep the Platform functional, secure and available. However, you must bear in mind that:

13.1 Specific disclaimers

• OQUEA is not responsible for the safety of dives or any other water Activity carried out by its Users. Diving, freediving and snorkelling are activities with inherent risk that require training, suitable equipment and qualified supervision. The responsibility to practise these activities safely rests exclusively with the User and, where applicable, the Centre or professional operator with whom they are carried out.
• OQUEA does not guarantee the accuracy of the logbook data, as it is entered by the User. This data should not be used as a substitute for data recorded by professional diving equipment (dive computers, gauges, etc.).
• OQUEA carries out a reasonable Centre validation process but cannot absolutely guarantee the authenticity, solvency or service quality of each Centre. The User must verify the Centre's information independently before contracting an Activity.

13.2 General limitation

To the maximum extent permitted by applicable law and without prejudice to non-waivable rights of consumers and users, OQUEA shall not be liable for:

• Indirect, consequential, special or punitive damages.
• Loss of profit, loss of revenue, loss of business opportunities or loss of reputation.
• Loss or corruption of data not directly resulting from a serious fault attributable exclusively to OQUEA.
• Interruptions or failures of the Platform due to causes outside OQUEA (infrastructure providers, third-party attacks, User internet outages, etc.).
• Any act or omission of Centres or other Users.

OQUEA's total accumulated liability towards a User, for any cause related to these Terms or the Platform, shall not exceed the higher of:

• (a) the amount actually paid by the User to OQUEA in the twelve months prior to the event giving rise to liability, or
• (b) one hundred (100) euros.

This limitation shall not apply in cases where applicable law does not allow liability to be limited, such as wilful misconduct, gross negligence, damage to physical integrity, or any other mandatory consumer-law provision.

14. Indemnity

The User or Centre shall hold OQUEA harmless from any claim, damage, fine, cost, expense or liability arising from their breach of these Terms, of applicable law, of third-party rights, of the Content they post, or of the Activities they organise or provide.

15. Availability and status of the service

OQUEA is offered "as is" and "as available". As of the present version of the Terms, the Platform is in beta: although fully operational, errors, unexpected behaviour, occasional unavailability or changes to functionalities may occur without prior notice.

OQUEA may carry out maintenance tasks that involve temporary service interruptions, ideally outside peak usage hours.

OQUEA may launch features as "experimental" or "in testing". These features may be withdrawn or modified at any time.

16. Sanctions and breaches

If you breach these Terms —especially the prohibited conduct in section 6—, OQUEA may, depending on severity and in a proportionate manner, take any of the following measures:

• Warning or request to correct the conduct.
• Temporary suspension of account access.
• Removal of infringing Content.
• Definitive cancellation of the account and prohibition to register again.
• In serious cases, communication to the competent authorities.

OQUEA may take the measure without prior notice when necessary to protect the security of the Platform, the integrity of other Users or compliance with legal obligations.

17. Account cancellation

17.1 Cancellation by you

You can cancel your account at any time from the Platform itself, using the "Delete my account" button in your profile.

After requesting cancellation:

• We have a 30-day grace period during which the account remains inactive but can be recovered by contacting us.
• After that period, we will delete or anonymise your personal data from OQUEA's active systems, except for data we must retain for the time necessary to comply with legal obligations, handle claims, prevent abuse, ensure security or evidence compliance with these Terms.
• Backup copies will be overwritten according to our standard technical cycles.

The entries you have recorded in your personal dive logbook will be deleted with you.

17.2 Cancellation by OQUEA

OQUEA may cancel your account:

• For breach of these Terms, in accordance with section 16.
• For continued inactivity longer than 24 months without signing in. In this case we will send an email warning at least 30 days before cancellation, giving you the chance to keep the account active.
• For service closure, in accordance with section 19.

18. Data export

OQUEA may enable export tools for certain data, particularly the dive logbook, in technically available formats.

The export may exclude items that affect third-party rights, data of other Users, internal Centre information or deleted Content.

19. Changes to these Terms and service closure

19.1 Modifications

OQUEA may modify these Terms when its services, providers, applicable legislation or practices change. When it does:

• It will publish the new version at this same URL, indicating the update date.
• It will notify you with at least 15 days' notice before entry into force, by email and prominent notice within the Platform.
• Modifications shall not retroactively affect already-acquired rights or already-contracted services, unless necessary for legal, technical or security reasons.
• When a modification is substantial and negatively affects your rights, we will inform you prominently and you may stop using the Platform or cancel your account before it takes effect.

19.2 Service closure

If OQUEA were to decide to cease providing the service, we will notify you with at least 90 days' notice and will offer you the option to export your data before closure.

20. Communications

Communications related to your account, security, legal changes, operational incidents, Centre verification or operation of the Platform may be carried out by email, in-Platform notifications or other contact means provided by the User or Centre.

It is the User's responsibility to keep their contact details up to date.

21. Personal data and privacy

The processing of your personal data is governed by our Privacy Policy, available at /en/privacy-policy/ and forming an integral part of these Terms. We recommend that you read it carefully.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

OQUEA may assign these Terms in the context of a corporate operation (merger, acquisition, restructuring) or to a company within the same group, notifying you in advance.

23. Prevalence of particular agreements

Where OQUEA and a Centre, partner or professional client sign particular conditions, specific contract, commercial proposal, annex or separate agreement, such particular conditions shall prevail over these Terms in anything they expressly contradict.

24. Severability

If any provision of these Terms is declared null or inapplicable by a court, the remaining provisions shall remain fully in force.

Failure or delay by OQUEA in exercising a right shall not imply a waiver of that right.

25. Applicable law and dispute resolution

These Terms are governed by Spanish law.

If you act as a consumer, any controversy shall be resolved by the courts and tribunals applicable under consumer-protection law. You may also use the alternative dispute-resolution mechanisms applicable under the regulations in force, including the competent consumer alternative dispute-resolution entities where appropriate.

If you act as a professional, company, dive Centre, club or operator, the parties expressly submit to the Courts and Tribunals of Málaga (Spain), waiving any other jurisdiction that may apply, unless a mandatory rule provides otherwise.

26. Contact

For any question, doubt or claim relating to these Terms:

• Email: support@oquea.com
• Postal address: OQUEA TECHNOLOGIES, S.L., Avenida Diego Fernández de Mendoza 11, 3º B, 29006 Málaga, Spain.