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 access methods 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 scuba diving, freediving and snorkelling— and the centres that organise activities in the water. It allows users to keep a digital dive logbook, scan QR codes to register their participation in centre activities, share content about their experiences, and 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 disagree with any part, do not use the Platform.

2. Who can use OQUEA

To use OQUEA you must:

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

If you register on behalf of an entity (for example, a dive centre), you warrant that you have authority to bind that entity to these Terms.

3. How to create an account

Registration on OQUEA is free 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 by email (passwordless). You receive an email with a link that identifies you.
• Sign in with Google.

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

A natural person can only have one individual user account. Duplicating accounts under the same identity may lead to the suspension of all of them.

4. 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 provide.
• Scan QR codes from centres to register your participation in activities they schedule.
• 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 features at any time, announcing it where appropriate.

5. Prohibited conduct

When using OQUEA, you agree NOT to:

• Impersonate another person or entity.
• Use the Platform for illegal, fraudulent or rights-infringing activities.
• Upload obscene, violent, discriminatory, defamatory, hate-inciting content or content that infringes third-party intellectual-property or image rights.
• Engage in 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.
• Engage in scraping, automated bot access, mass data extraction or any systematic extraction of information from the Platform.
• Carry out reverse engineering, decompilation or any attempt to obtain the Platform's source code.
• Bypass, 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 personnel.

Breach of these rules may lead to the sanctions described in section 12.

6. Content you upload to the Platform

6.1 You own your content

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

6.2 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 of 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 ends 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 either. If we wished to extend it for commercial or marketing uses in the future, we would ask you explicitly and would only do so with your consent.

6.3 Content warranties

You warrant that the content you upload:

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

If you upload content showing other people (for example, group photos from a dive), you are responsible for having their consent or the legal basis that covers their inclusion.

If a person believes they appear in content 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.

6.4 Aggregated and anonymised data

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

7. OQUEA 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 according to these Terms.

8. Paid services

As of today, OQUEA is free for all users.

In the future, OQUEA may enable paid plans for certain features, primarily aimed at dive centres. When these services are activated:

• The specific conditions of each plan will be published before contracting.
• Payments will be processed through specialised external providers for online payments (for example, Stripe or equivalents), under their own terms and conditions, without OQUEA storing the user's financial data directly.
• The Terms may be updated to include specific clauses on billing, renewal, cancellation and refund.

Until you have contracted a paid plan, no part of OQUEA will entail any cost.

9. Dive centres and services provided by third parties

OQUEA is a technological platform that connects divers with dive centres. OQUEA does not organise, direct, supervise or directly provide scuba diving, freediving, snorkelling or any other water activity.

The water activities that appear on OQUEA are organised and provided exclusively by the centres that publish them. Each centre is solely responsible for:

• Safe planning and execution of its activities.
• Compliance with applicable regulations (sports, health, tax, environmental).
• Holding the required licences, certifications and insurance.
• Qualification of its instructor and guide personnel.
• Reviewing the physical condition and documentation of participants.

OQUEA carries out a reasonable initial validation process for centres that register on the Platform, but cannot guarantee the permanent veracity or the quality of the services provided by each centre.

If you take part in an activity organised by a centre, the contractual relationship is established 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 corresponding centre, under its own conditions.

10. Limitation of liability

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

10.1 Specific disclaimers

• OQUEA is not responsible for the safety of dives or any other water activity carried out by its users. Scuba diving, freediving and snorkelling are activities with inherent risk that require training, appropriate equipment and qualified supervision. The responsibility for practising these activities safely lies exclusively with the user and, where applicable, with the centre or professional operator with whom they are carried out.
• OQUEA does not guarantee the accuracy of dive logbook data, as it is entered by the user. This data must 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.

10.2 General limitation

To the maximum extent permitted by applicable law, OQUEA will not be liable for:

• Indirect, consequential, special or punitive damages.
• Loss of profits, loss of income, loss of business opportunities or loss of reputation.
• Loss or corruption of data not directly resulting from a serious failure exclusively attributable to OQUEA.
• Interruptions or failures of the Platform due to causes beyond OQUEA (failures of 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 to the Platform, will not exceed the greater of:

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

10.3 What this clause does not exclude

Nothing in these Terms is intended to exclude or limit OQUEA's liability in cases where applicable law does not permit such exclusion, such as wilful misconduct, gross negligence, damage to physical integrity or any other mandatory provision of consumer-protection law.

11. Service availability and status

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

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

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

12. Sanctions and breaches

If you breach these Terms —especially the prohibited conduct in section 5— OQUEA may, depending on severity and proportionally, take any of the following measures:

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

OQUEA may take action without prior notice when necessary to protect the Platform's security, the integrity of other users or compliance with legal obligations.

13. Account cancellation

13.1 Cancellation by you

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

After requesting deletion:

• We have a 30-day grace period during which the account is inactive but can be recovered by contacting us.
• After that period, all your personal data is definitively deleted, with no possibility of recovery, except for information we must retain by legal obligation or to evidence proper compliance with the Terms.

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

13.2 Cancellation by OQUEA

OQUEA may cancel your account:

• For breach of these Terms, in accordance with section 12.
• For continuous inactivity exceeding 24 months without sign-in. In this case we will send you an email notice at least 30 days before cancellation, giving you the opportunity to keep the account active.
• For service closure, in accordance with section 14.

14. Changes to these Terms and service closure

14.1 Modifications

OQUEA may modify these Terms when its services, providers, applicable regulations 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' advance notice before entry into force, by email and prominent notice in the Platform.
• If you disagree with the changes, you may cancel your account before they come into force.
• Continued use of the Platform after the entry-into-force date implies acceptance of the new version.

14.2 Service closure

Should OQUEA decide to cease providing the service, we will give you at least 90 days' advance notice and we will offer you the possibility of exporting your data before closure.

15. Personal data and privacy

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

16. 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 transaction (merger, acquisition, restructuring) or to a company within the same group, notifying you in advance.

17. Severability

If any provision of these Terms is declared null or unenforceable by a court, the remaining provisions will remain in full force.

OQUEA's failure or delay in exercising a right does not imply a waiver of it.

18. Applicable law and dispute resolution

These Terms are governed by Spanish law.

For the resolution of any dispute arising from these Terms:

• If you are a consumer (a natural person acting for a purpose unrelated to their professional activity), disputes may be submitted to the courts of your domicile, in accordance with the Consolidated Text of the General Law for the Defence of Consumers and Users. As a consumer you may also resort to the European online dispute resolution platform, available at ec.europa.eu/consumers/odr.
• If you act as a professional or business (including dive centres in their professional use of the Platform), the parties expressly submit to the Courts and Tribunals of Málaga (Spain), waiving any other jurisdiction.

19. 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.