Terms of Service and End User License Agreement (EULA)
This Terms of Service and End User License Agreement ("Agreement") is a binding legal contract between Wroomo, Inc. ("we," "us," or "our"), a Delaware corporation, and you ("User", "Instructor", or "Client").
By downloading, installing, accessing, or using the DiveWaiver mobile application (the "Application") and its associated web forms, you agree to be bound by this Agreement. If you do not agree, do not use the Application.
1. License Grant and Scope
We grant you a limited, revocable, non-exclusive, non-transferable license to use the DiveWaiver Application and its associated web forms solely for the purpose of creating, completing, and digitally signing standardized diving liability releases and medical screening forms.
The Application is intended for use by dive professionals (Instructors) and the divers (Clients) they work with.
2. Intellectual Property
All rights, title, and interest in and to the Application remain with Wroomo, Inc. You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application.
3. Strict Medical and Safety Disclaimer
THE APPLICATION IS AN ADMINISTRATIVE TOOL ONLY.
- It does not provide medical advice, diagnosis, treatment recommendations, or medical clearance.
- The medical questionnaires included in the Application are standardized screening forms commonly used in the recreational diving industry. They do not replace a physical examination or clearance by a qualified physician.
- If any medical contraindications or risk factors are indicated, the individual must obtain written clearance from a licensed physician before participating in any diving activity. The Instructor is solely responsible for ensuring this requirement is met.
4. Document Generation and Digital Signatures
The Application enables Instructors to generate digital Liability Release and Medical Statement PDFs by overlaying information provided by Clients onto standardized templates.
- Signature Verification Metadata: At the exact moment a digital signature is applied, the Application records precise GPS coordinates, timestamp, device model, operating system, and IP address. This metadata is embedded into the generated PDF solely for verification and audit purposes.
- No Guarantee of Acceptance: We do not guarantee that any dive operator, boat, resort, dive center, or certifying agency will accept a digitally generated PDF as a valid substitute for their required forms. It is the Instructor’s sole responsibility to verify acceptance with the relevant parties before relying on any generated document.
- Accuracy of Information: You are solely responsible for the accuracy, completeness, and truthfulness of all information entered into the Application.
5. Limitation of Liability and Assumption of Risk
UNDERWATER DIVING ACTIVITIES INVOLVE INHERENT RISKS OF SERIOUS INJURY, DECOMPRESSION SICKNESS, OR DEATH.
The Application is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, express or implied.
To the maximum extent permitted by applicable law, Wroomo, Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to:
- The use of the Application in connection with any diving activity;
- The accuracy or legal validity of any information, signatures, or documents generated through the Application;
- The acceptance or enforceability of any generated PDF by third parties (dive centers, boats, agencies, or courts);
- Any injury, illness, or death occurring during or after a dive where the Application was used;
- Loss of data or inability to access generated documents.
You acknowledge and agree that you use the Application entirely at your own risk.
6. User Responsibilities
Instructors agree that they:
- Are properly certified and in good standing with at least one recognized diving training agency;
- Will only use the Application with Clients who have provided informed consent;
- Are solely responsible for reviewing all completed forms and ensuring their accuracy before allowing any diving activity;
- Will comply with all applicable local laws, regulations, and the standards of their certifying agency and dive operator.
Clients agree that they:
- Will provide accurate and complete personal and medical information;
- Understand that the generated document is a liability release and medical screening form. If the Client is a minor, their parent or legal guardian must review and execute the Agreement on their behalf.
7. Indemnification
You agree to indemnify, defend, and hold harmless Wroomo, Inc., its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Application, your violation of this Agreement, or any content you submit.
8. Privacy Policy
Your use of the Application is also subject to our Privacy Policy, which is incorporated into this Agreement by reference. By using the Application, you consent to the collection, use, and processing of your information as described in the Privacy Policy.
9. Account Termination
You may delete your account at any time directly through the Application settings. Upon deletion, your data will be handled in accordance with our Privacy Policy.
We reserve the right to suspend or terminate your access to the Application at any time, with or without notice, for any violation of this Agreement or for any other reason at our sole discretion.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Delaware.
11. Mobile Platform Terms and EULA Requirements
- Acknowledgement: This Agreement is concluded between you and Wroomo, Inc. only, and not with Apple, Inc. or Google LLC. Wroomo, Inc. is solely responsible for the Application and its content.
- Maintenance and Support: Wroomo, Inc. is solely responsible for providing any maintenance and support services with respect to the Application. Apple and Google have no obligation to furnish any maintenance or support services.
- Warranty: In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple or Google, and they will refund the purchase price of the Application (if any). To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation with respect to the Application.
- Product Claims: Wroomo, Inc. (and not Apple or Google) is responsible for addressing any claims relating to the Application, including but not limited to product liability claims, claims that the Application fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Wroomo, Inc. (and not Apple or Google) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
12. Changes to Terms
We may update this Agreement from time to time. If we make material changes, we will notify you by posting the updated Agreement in the Application and updating the "Last Updated" date. Your continued use of the Application after such changes constitutes your acceptance of the revised Agreement.
13. Contact Us
If you have any questions about this Agreement, please contact us at:
Wroomo, Inc.
Delaware, USA
Email:
support@divewaiver.com