Terms of Service

Parties and recitals

Of the one part, Munaeko Development Software Solutions, S.L., with tax ID B88989868 and registered office at Gran Vía Manuel López Carreño, 1, 2.º, 30180 Bullas, Murcia, Spain (hereinafter, Okeanun or the Provider). And of the other part, the person using the Okeanun service (hereinafter, the User or the Diver). Both Parties acknowledge that they have sufficient capacity to enter into obligations, and agree to these terms.

Okeanun provides a digital service accessible through the web and a mobile app and, where applicable, through an Apple Watch app, aimed at divers and intended, among other functions, for managing a dive logbook, social interaction and document management (certifications, insurance and, if the User chooses to provide it, medical documentation).

In addition, the Okeanun ecosystem may give the User access to dive centre booking portals, allowing the User to make bookings with recognised identity through their Okeanun account or, where applicable, as a guest, and there may be payment flows processed by third parties when the User chooses to pay a centre.

The User wishes to access and use the Service, agreeing to be bound by these Terms and by the Okeanun Privacy Policy for Divers, which describes the applicable processing of personal data and is provided under a layered information approach.

1. Definitions and purpose of the Service

These Terms govern the User’s access to and use of the Okeanun service (the Service), including, among others, (i) registration and the account, (ii) use of features, (iii) contribution of content, (iv) social interaction and (v) the rules that apply when the User deals with dive centres through the Okeanun ecosystem, including the existence of different levels of centre access to certain User information, as well as the operation of linking, bookings and, where applicable, payments. The User accepts these Terms by affirmative action at registration and/or by using the Service, with a record of the version and date of acceptance kept on a durable medium, on the terms enabled within the Service itself.

2. Provider identification and means of contact

The Provider’s information is as follows: Munaeko Development Software Solutions, S.L., tax ID B88989868, address at Gran Vía Manuel López Carreño, 1, 2.º, 30180 Bullas, Murcia, Spain. The general contact channel is [email protected] and the specific channel for privacy and the exercise of rights is [email protected]. Without prejudice to other channels enabled within the Service, the User may use those channels for enquiries, incidents, complaints or claims relating to the Service, including those concerning the account, the performance of the Service and the processing of personal data, in accordance with the customer care channels that Okeanun makes available.

3. Access requirements, registration and account

The Service is intended for persons over 18. The User declares and warrants on registration that they meet this requirement. Registration may be completed with email and password or through identity providers. The User undertakes to keep their account details up to date, safeguard their credentials and prevent unauthorised access, notifying Okeanun without undue delay of any suspicion of misuse or credential compromise through the channels provided.

4. Permitted use and general prohibitions

The User undertakes to use the Service diligently and in accordance with the law and these Terms. In particular, the User shall refrain from: (i) using the Service for unlawful or fraudulent purposes or contrary to good faith; (ii) infringing third-party rights; (iii) introducing or distributing malicious software, or carrying out actions that compromise the security or availability of the Service; (iv) attempting to access accounts, data or systems without authorisation; (v) exploiting the Service for unauthorised commercial purposes; or (vi) interfering with or attempting to circumvent technical security or usage-limitation measures. Okeanun may apply proportionate restrictions and control measures to enforce these rules and to preserve the integrity, continuity and security of the Service, as described in these Terms and, where applicable, in the Privacy Policy.

5. User content and technical licence for the provision of the Service

The User retains ownership of the content they add to the Service (for example, dive records, notes, photographs, certifications and documentation). The User grants Okeanun a non-exclusive, worldwide licence, limited to the duration of use of the Service and strictly necessary to host, reproduce, organise, structure, make available, communicate and display that content within the Service and for the sole purpose of performing the functions requested by the User. This licence ends when the User deletes the content or closes their account, without prejudice to (i) the temporary retention necessary for backups and system security, and (ii) any retention required by applicable legal obligations or arising from copies retained by centres as provided in clause 20. The User warrants that they hold sufficient rights and legitimacy over the content provided and that it does not infringe third-party rights.

6. Third-party data provided by the User

Where the User provides third-party data (for example, an emergency contact, data of dive partners or buddies, or people appearing in photographs or content), the User declares that they have a sufficient legitimate basis to disclose that data and add it to the Service, and assumes liability for claims arising from unlawful contributions. The User acknowledges that using social features may involve disclosing certain data to other users in line with the privacy settings chosen, and undertakes to use such features respecting third-party rights and the Service’s rules of use.

7. Medical documentation, fitness to dive and scope of the Service

The User acknowledges that Okeanun is a digital management and recording tool and does not provide health, medical or diagnostic services, nor does it replace the assessment of fitness to dive by qualified professionals. Medical documentation, questionnaires, fitness certificates, insurance and other documentation the User stores or manages in the Service is instrumental to the User’s own management and, where applicable, to making it available to a specific centre only where access has been enabled under the level model set out in clause 9 and the User has granted the corresponding access scope. Storing or managing this documentation does not imply clinical validation by Okeanun. Where the User chooses to add health-related data, the processing will be subject to the reinforced regime applicable to special categories and to the legal bases and safeguards described in the Privacy Policy, including the possibility of withdrawing consent where that is the basis used, without affecting processing carried out prior to withdrawal.

8. Apple Watch and sensor measurements

If the User uses features on Apple Watch or other devices, any measurements or dive profiles generated are indicative and must not be used as the sole basis for safety-critical decisions. The User assumes responsibility for the use they make of such features and for combining them with equipment and procedures appropriate to diving.

9. Relationship with dive centres, access levels, linking, bookings and payments

The Okeanun ecosystem may allow the User to interact with dive centres through discovery, communication, activity management, bookings with recognised identity and, where applicable, payments to centres for services contracted with them. That interaction is governed by a model of access levels to User information by dive centres, with the scope and controls described in this clause, so that the User can clearly know what information a centre can see and under what conditions.

Level 0 — Qualification directory. As a general rule, any dive centre using the Okeanun ecosystem can find the User by name or alias and see only the following data: first name and surname and/or alias, avatar, Okeanun licence number (okeanunId), total dives, date of last dive, diving capabilities derived from certifications and, for each certification, certifying agency, logo, name, level and verification status. Level 0 does not display email, phone number, certification number, card images, equipment data, insurance, additional documentation, health data or any indicator derived from medical documentation. The User may object to inclusion in this Directory using the toggle available in Settings → Privacy, with immediate effect in the Service.

Level 0+ — Pending operational relationship. The existence of a live booking or voucher with a centre, without a verified link, does not enable the centre to access the diver’s Okeanun record, but it may allow the centre to access and process, under its own responsibility, the centre’s own information necessary to manage its commercial and operational relationship with the User (for example, its booking history, outstanding balances, active vouchers and, where applicable, “guest” document profiles and documentation collected by the centre itself).

Level 1 — Related centre. For a centre to access the diver’s Okeanun record (information beyond Level 0), a verified relationship with that centre must exist. There are two main ways for that relationship to be considered verified: (i) a verified diver↔centre link and (ii) centre membership (for example, where the User is an owner, co-owner or staff member of the centre). At this level, the centre may access, in respect of the User and within the scope of the relationship with that centre, the data and documentation needed to operate the relationship, in line with the features enabled in the Service and the access scope granted by the User. In particular, where enabled, the centre may access contact details, full statistics, equipment profile (including weight, height, boot size, ballast and SAC), certification number, card images, insurance, additional documentation and financial data linked to the User’s relationship with that centre (for example, payment requests issued by the centre and the associated outstanding balance). Health-related documentation will only be accessible to a centre where the User has explicitly granted the corresponding access scope within this level, in accordance with the Service’s flows and with the Privacy Policy.

The contractual relationship concerning the provision of the diving service, prices, commercial terms, cancellations, refunds and legal obligations towards the User lies with the dive centre; Okeanun is not a party to that relationship and merely provides a technological infrastructure for the interaction. Where the User chooses to book as a guest, the transaction may be carried out without associating the Okeanun account with the booking process.

If the User decides to make a payment to a centre through the portal or flow enabled by that centre, the payment may be processed by a payment provider. The User acknowledges that the payment provider may apply its own terms and that the centre is the recipient of the payment and is responsible for providing the associated service. Okeanun acts as a technological facilitator of the integration and does not store full card details.

Closing the account or deleting documentation does not prevent the centre from retaining, under its own responsibility, minimal copies of documentation where necessary to operate a booking or a dive and/or to evidence the required qualifications, on the terms of clause 20.

10. Data protection and roles in the interaction with centres

The processing of personal data connected with the Service is governed by the Privacy Policy. In general terms, Okeanun acts as controller for the processing needed to operate the account, authenticate access, provide support and ensure the security of the Service. Where a centre processes User data to manage its own bookings, activities, documentation and obligations, the centre acts as an independent controller of that processing. Where the centre uses Okeanun systems to process User data on its own behalf, Okeanun will process that data as processor on behalf of the centre under the applicable agreement between Okeanun and the centre, without altering the centre’s responsibility for its own purposes and obligations.

11. Linking with a centre

A mere directory search (Level 0) does not raise a centre’s access level. Likewise, the creation or management of bookings or vouchers by a centre does not, on its own, enable centre access to the diver’s Okeanun record (Level 1), without prejudice to the provisions on level 0+ (pending operational relationship) in clause 9.

A verified link between the User and a centre may be established through any of the following routes:

The User may revoke a verified link at any time from Settings → Privacy → Linked centres → “Centres with access” section → “Withdraw access”. Revocation takes immediate effect on the centre’s access to the diver’s Okeanun record (Level 1), without prejudice to (i) the centre’s own information linked to its operational relationship (level 0+) and (ii) copies that the centre, as an independent controller, may have retained or incorporated into its own systems during the period in which it had access, on the terms of clause 20.

Revocation and refusal trigger a 30-day block preventing the centre from requesting the link again, without prejudice to the User’s ability to grant access again whenever they wish from “Linked centres”.

In the case of a membership relationship (for example, owner, co-owner or centre staff), withdrawing access by revoking the link does not remove the access derived from belonging to the centre; to do so, the User must arrange to leave the centre in accordance with the applicable procedure.

• (i) Express confirmation in the app, on a dedicated screen titled “Centre wants to see your documentation”, showing the requested access scope and offering the options “Accept”, “Decline” and “Not now”.
• (ii) Express confirmation through a link sent by email, expiring after 72 hours, leading to the same screen and confirmation options. If the link corresponds to another account, the flow will be rejected.
• (iii) A booking made on the centre’s portal with Okeanun identity by the booking holder. In that case, the relationship may be considered verified without an additional screen where the User acts on their own behalf as booking holder. This does not apply to companions: if the User books for themselves and adds other people, those companions will receive their own individual confirmation request where appropriate.

12. Declaration of accuracy for certifications

Uploading or amending a certification in the Service requires the User to accept a declaration of accuracy associated with that action. Okeanun may record the version of the accepted text, its hash, the language and the times of presentation and acceptance, in order to evidence the acceptance made by the User and the functional traceability associated with publishing certifications in the Service. Without acceptance of the declaration of accuracy, the certification will not be visible to any centre, will not be included in the Qualification directory (Level 0) and will not enable recognised-identity operations.

13. Social features and public profile

The Service may include social features such as friendships, buddies, dive invitations and publishing photographs or content associated with the dive logbook. The User’s profile is public by default, and the User can change its visibility in the Service settings. Information the User makes public or shares through these features will be treated as made available in accordance with the settings chosen by the User at the time of the action.

The User acknowledges that certain actions within the social layer may disclose their identity to other users or third parties (for example, accepting a dive invitation). The User undertakes to respect third-party rights when publishing content (including logbook photographs in which third parties may appear), declaring that they have sufficient legitimacy to publish it and assuming liability for claims arising from the inclusion of third-party data or images without a sufficient basis.

14. Security and the User’s obligations regarding credentials

Okeanun will apply appropriate technical and organisational measures to protect the Service and the User’s account. The User undertakes to keep their credentials confidential, prevent third-party access and use reasonable measures to protect their account, including the use of stronger authentication mechanisms where available.

15. Suspension, limitation or termination of access

Okeanun may suspend or restrict the User’s access to the Service where necessary to (i) preserve system security, (ii) prevent fraud or improper access, or (iii) respond to serious or repeated breaches of these Terms. These restrictions and measures will be applied diligently, objectively and proportionately, taking into account the rights and legitimate interests of the parties. Where reasonably possible, Okeanun will inform the User of the measure taken and of the steps needed for its review or reinstatement, unless doing so would compromise security or fraud prevention.

16. Changes to the Terms

Okeanun may amend these Terms due to changes to the Service, security reasons, operational adjustments or regulatory changes, making the current version available to the User with its date. If the change is significant, Okeanun will inform the User clearly and understandably so that they can review the updated content before it takes effect where appropriate. The User may stop using the Service and request closure of their account before the change comes into force; continued use of the Service after it takes effect will constitute acceptance of the updated version.

17. Limitation of liability

To the fullest extent permitted by applicable law, Okeanun will not be liable for indirect damages or loss of profit arising from use of the Service, nor for User decisions relating to diving or the interpretation of records, profiles or stored documentation. Okeanun assumes no liability for the provision of diving services by centres or for their commercial policies, without prejudice to liabilities that cannot legally be excluded.

18. Online out-of-court dispute resolution

The User may access, where applicable, the European Union online dispute resolution platform at https://ec.europa.eu/consumers/odr.

19. Accessibility, continuity and security of the Service

The Service is provided in a digital environment and may be subject to interruptions due to maintenance, updates, third-party incidents or force majeure. Okeanun will make reasonable efforts to keep the Service available and to deploy updates needed for security and functional evolution, and may introduce technical changes to preserve the integrity and security of the system. Operational communications about relevant maintenance may be made through reasonable channels within the Service.

20. Account deletion or data erasure and copies retained by centres

When requesting deletion of the account or deleting content or documentation from the Service, the User acknowledges that certain data or documents may be necessary for a centre with which real activity exists to operate a booking or a dive and, in any case, to evidence that the diving activity took place or was to take place with the required qualifications. To that end, centres with which the User has had real activity — understood as recorded attendance, a confirmed booking or a valid voucher — may retain a copy of certain User documentation strictly necessary to (i) corroborate that the User was able to take part in the dive or complete the booking and (ii) evidence, where applicable, that the dive took place with the required qualifications. These copies will be limited to what is necessary and will relate to the specific booking or dive, excluding any use for incompatible purposes.

That copy may include, to the extent strictly necessary for that purpose and in respect of the specific centre, certifications and their verification status, insurance and the documentation the User had made available to the centre with access enabled under the level model set out in clause 9. In all cases, these copies will be visible only to the centre that needs them for the above purposes and to its authorised staff, with appropriate access control and confidentiality measures.

These copies remain the sole responsibility of the relevant centre as an independent controller of the retained documentation. Okeanun ceases to be the point of contact regarding those copies retained by centres, without prejudice to the User’s ability to raise enquiries or incidents with Okeanun about the operation of the Service.

The User may request deletion of those copies through the channels made available by each centre. The handling, management and response to such requests by the centre falls within the scope of the centre’s customer care for its own relationship with the User, without prejudice to the centre’s ability to retain the documentation where necessary for the evidentiary purpose described, for the time necessary and with restricted access.