Terms of Service

These Terms of Service ("Terms") govern access to and use of the AbyssOS platform, website, applications, and related services (collectively, the "Services").

AbyssOS is provided by Valentin Cupif ("AbyssOS", "we", "us", or "our").

By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by them. If you are using the Services on behalf of a company, dive center, or other entity, you represent that you have authority to bind that entity, and "Customer" means that entity.

1. Eligibility and B2B Use

The Services are intended primarily for business use by dive centers, dive operators, marine tourism businesses, and related professional users. You may use the Services only if you can legally enter into a binding agreement.

You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and professional obligations.

2. The Services

AbyssOS provides software tools for dive operations and related business workflows, which may include booking management, scheduling, registrations, waivers, staff workflows, commissions, customer management, reporting, payment related features, integrations, and other operational functionality.

We may modify, improve, replace, suspend, or discontinue any part of the Services at any time, including features, functionality, integrations, product limits, design, or technical requirements.

3. Accounts

To use certain parts of the Services, you must create an account or be invited to one.

You agree to:

1. provide accurate and complete information
2. keep your information up to date
3. maintain the confidentiality of your login credentials
4. promptly notify us of any unauthorized access or security incident relating to your account

You are responsible for all activities occurring under your account or your workspace, except to the extent caused by our breach of these Terms or our security obligations.

We may offer both Customer workspace accounts and platform level user accounts.

4. Subscriptions, Billing, and Renewal

Certain features of the Services are offered on a paid subscription basis. Subscription plans, pricing, billing intervals, usage limits, and included features will be presented at the time of purchase or in an applicable order form.

Unless otherwise stated:

1. subscriptions renew automatically at the end of each billing period
2. you authorize us or our payment processor to charge the applicable fees using your selected payment method
3. charges are due in advance for each billing period
4. fees are non refundable except where required by law or expressly stated otherwise

If payment cannot be completed, we may suspend or restrict access to paid features until payment is received.

You are responsible for all taxes, duties, levies, or similar government charges associated with your subscription, except taxes based on our net income.

5. Free Trials, Demos, and Beta Features

We may offer free trials, demo environments, beta features, pre release features, sandbox environments, or promotional access.

Demo, trial, and beta environments may:

1. contain simulated, incomplete, or limited functionality
2. behave differently from production
3. use test data, fixed dates, seeded content, or partial workflows
4. be changed, reset, suspended, or discontinued at any time

We provide demo, trial, and beta features on an "as is" basis without any commitment that they will be maintained, supported, or released in production.

6. Acceptable Use

You must not, and must not permit any third party to:

1. use the Services for unlawful, fraudulent, deceptive, abusive, or harmful purposes
2. interfere with or disrupt the integrity, security, or performance of the Services
3. attempt to gain unauthorized access to the Services or related systems
4. reverse engineer, decompile, disassemble, copy, or derive source code from the Services except to the extent such restriction is prohibited by law
5. upload, transmit, or process malware, spyware, ransomware, or other malicious code
6. use the Services to infringe intellectual property, privacy, publicity, or other rights
7. use the Services to send spam or unauthorized communications
8. use the Services in a way that creates unreasonable load, abuse, or security risk
9. use the Services to store or process data that you are not legally permitted to collect, use, or share
10. resell, sublicense, lease, rent, mirror, or provide the Services to third parties except as expressly permitted by us

We may monitor use of the Services as reasonably necessary to protect the Services, enforce these Terms, comply with law, and prevent abuse.

7. Customer Data, Platform Account Data, and Service Data

7.1 Definitions

"Customer Data" means any data, content, records, forms, documents, submissions, or other information submitted to, collected through, stored in, or processed by the Services by or on behalf of a Customer in connection with that Customer's workspace, bookings, operations, guests, divers, staff, waivers, schedules, payments, or related business use.

"Platform Account Data" means data relating to user identities, authentication, account settings, profile details, cross workspace account features, support history, account activity, security records, and similar information used by AbyssOS to operate the shared platform.

"Service Data" means technical, operational, analytics, telemetry, usage, statistical, aggregated, diagnostic, performance, support, audit, fraud prevention, and security related data generated by or derived from the operation of the Services, excluding Customer Data in identifiable form.

7.2 Customer Data

As between AbyssOS and Customer, Customer retains all right, title, and interest in and to Customer Data.

Customer grants AbyssOS a non exclusive, worldwide, limited right to host, store, copy, transmit, display, format, modify, process, and otherwise use Customer Data solely as necessary to provide, operate, secure, maintain, support, and improve the Services, prevent fraud and abuse, comply with law, and exercise our rights and perform our obligations under these Terms.

Customer is responsible for the legality, accuracy, and integrity of Customer Data and for obtaining all rights, permissions, consents, notices, and legal bases required for AbyssOS to process Customer Data as contemplated by these Terms.

7.3 End User Data Within a Customer Workspace

Where a diver, guest, or other end user submits information through a Customer specific workflow, including a booking link, registration flow, waiver flow, payment flow, or guest portal, that information will be treated as Customer Data to the extent processed by AbyssOS on behalf of that Customer.

7.4 Platform Account Data

AbyssOS may provide global user account or profile features that are not limited to a single Customer workspace. Platform Account Data is used to authenticate users, operate platform level functionality, provide support, secure the Services, enforce these Terms, communicate about the Services, and otherwise operate the platform.

As between AbyssOS and Customer, AbyssOS owns and controls the Services and Platform Account Data, subject to applicable law and the rights of individuals in their personal data.

7.5 Service Data

AbyssOS owns all right, title, and interest in and to the Services, documentation, software, interfaces, workflows, service design, and Service Data.

We may use Service Data for lawful business purposes including analytics, benchmarking, diagnostics, security, fraud prevention, service quality, support, product improvement, and development, provided we do not publicly disclose Customer Data in identifiable form except as permitted by these Terms, our Privacy Policy, or applicable law.

7.6 Aggregated and De Identified Data

We may aggregate, anonymize, or de identify data derived from the Services and use such aggregated, anonymized, or de identified data for analytics, benchmarking, product development, research, reporting, marketing, and other lawful business purposes, provided it does not identify Customer or any individual.

8. Privacy and Data Processing

Our collection and use of personal data is described in our Privacy Policy.

To the extent AbyssOS processes Customer Data on behalf of a Customer, AbyssOS will do so in accordance with applicable data protection law and any applicable data processing terms made available by AbyssOS.

Customer acknowledges that AbyssOS may act in different roles with respect to different categories of data, including as a processor or service provider for Customer Data, and as an independent controller or business for Platform Account Data, account administration data, billing records, support records, security logs, compliance records, and Service Data.

9. Data Retention and Deletion

We may retain Customer Data, Platform Account Data, and Service Data for as long as reasonably necessary to provide the Services, comply with law, resolve disputes, enforce agreements, maintain backups, preserve security, and protect the integrity of the Services.

Following expiration or termination of a subscription, we may delete or make inaccessible Customer Data after a reasonable retention period, except where retention is required by law, necessary for legitimate business purposes such as security and fraud prevention, retained in backups, or otherwise permitted under these Terms.

10. Intellectual Property

The Services, including all software, code, designs, interfaces, workflows, trademarks, branding, documentation, content, and underlying technology, are and remain the property of AbyssOS or its licensors.

Except for the limited rights expressly granted in these Terms, no rights are granted to you. You may not use our name, branding, or logos without our prior written permission.

11. Feedback

If you provide suggestions, ideas, feedback, bug reports, or recommendations relating to the Services, you grant AbyssOS a worldwide, perpetual, irrevocable, royalty free right to use, modify, and incorporate that feedback without restriction or obligation to you.

12. Third Party Services and Integrations

The Services may interoperate with third party products, services, websites, payment providers, communication tools, storage providers, analytics tools, or integrations.

We do not control and are not responsible for third party services. Your use of third party services is governed by the applicable third party terms and policies. We are not liable for third party services, including their availability, performance, security, or data practices.

13. Availability and Support

We will use commercially reasonable efforts to make the Services available, but we do not guarantee uninterrupted or error free operation.

The Services may be unavailable due to maintenance, updates, internet outages, hardware failures, software issues, third party outages, security incidents, force majeure events, or other causes beyond our reasonable control.

Any support obligations, response times, or service levels will apply only if expressly agreed by us in writing.

14. Suspension

We may suspend, restrict, or terminate access to all or any part of the Services immediately if:

1. you violate these Terms
2. payment is overdue
3. your use presents a security risk or legal risk
4. we suspect fraud, abuse, unauthorized activity, or unlawful conduct
5. suspension is required to protect the Services, other users, or third parties
6. we are required to do so by law, court order, or governmental authority

Where reasonably practicable, we will provide notice before suspension, but we are not required to do so where immediate action is necessary.

15. Termination

You may stop using the Services at any time. If you wish to cancel a paid subscription, you must do so before the next renewal date using the method we make available.

We may terminate these Terms or your access to the Services at any time if:

1. you materially breach these Terms
2. you fail to pay fees when due
3. we discontinue the Services
4. continuing the relationship would create legal, regulatory, operational, or security risk

Sections that by their nature should survive termination will survive, including provisions on fees owed, intellectual property, disclaimers, liability limits, dispute terms, and data related provisions where applicable.

16. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABYSSOS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR MEET YOUR REQUIREMENTS.

WE DO NOT WARRANT THAT THE SERVICES WILL PREVENT ALL ERRORS, THAT DATA WILL NEVER BE LOST, OR THAT ANY PARTICULAR FEATURE WILL CONTINUE TO BE AVAILABLE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABYSSOS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, CONTRACTS, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ABYSSOS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY CUSTOMER TO ABYSSOS FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EURO (EUR 100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnity

You agree to indemnify, defend, and hold harmless AbyssOS and its affiliates, officers, agents, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

1. your use of the Services
2. Customer Data
3. your violation of these Terms
4. your violation of law
5. your infringement or misappropriation of any rights of a third party

19. Export, Sanctions, and Compliance

You may not use the Services in violation of export control laws, sanctions laws, or other applicable restrictions. You represent that you are not subject to trade sanctions or otherwise prohibited from using the Services.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may provide notice by posting the updated Terms, emailing you, notifying you through the Services, or by other reasonable means.

Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

21. Governing Law

These Terms and any non contractual disputes or claims arising out of or in connection with them are governed by the laws of France, excluding conflict of law rules.

22. Disputes

The parties will attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal discussions before commencing formal proceedings.

Subject to applicable law, the courts of France shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms.

23. General

These Terms constitute the entire agreement between you and AbyssOS regarding the Services and supersede all prior or contemporaneous agreements on the same subject matter.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision.

24. Contact

AbyssOS is provided by Valentin Cupif.

For questions about these Terms, please contact:

• Contact@abyssos.app
• 1 La Croix des Cinq Chemins, 35460 Saint-Marc-le-Blanc, France
• abyssos.app

25. Customer Facing Notice Regarding End Users

If you use the Services to collect information from divers, guests, customers, staff, or other individuals, you are responsible for providing any required notices and obtaining any required consents under applicable law. You are also responsible for your own privacy policy and terms where required.

26. Payment Feature Notice

If AbyssOS enables payment features, such features may be provided directly or indirectly through third party payment processors. AbyssOS is not a bank, payment institution, or money transmitter unless expressly stated otherwise. Availability of payment features may vary by country, customer type, regulatory status, or third party provider requirements.

27. Demo Environment Notice

Where applicable, demo environments may use fixed dates, seeded data, test content, and simulated workflows. Such environments are intended for evaluation only and may not reflect the full behavior or reliability of the live production service.

28. Electronic Communications

You consent to receive communications from AbyssOS electronically, including by email, in app notification, or through the Services. You agree that such electronic communications satisfy any legal requirement that communications be in writing, except where applicable law requires otherwise.