Terms of Service

Draft notice. These terms describe how DiverHire works today and the liability framework users agree to. A formally counsel-reviewed version is in progress. For legal questions, email [email protected].

Last updated: 2026-09-27

Important: assumption of risk and release of liability

Read this section carefully before using DiverHire. By creating an account, posting a job, bidding on a job, performing a dive arranged through the platform, or otherwise using diverhire.com, you agree to the assumption of risk, release of liability, and indemnification described in Section 9 below.

Commercial scuba diving is inherently and unavoidably dangerous. You are using DiverHire entirely at your own risk. DiverHire is a software platform that introduces divers and clients; we do not vet certifications, supervise dives, control equipment, or guarantee the conduct, character, qualifications, or safety practices of any user. You release us from responsibility for anything that happens to you, to other users, to property, or to bystanders in connection with using this platform.

1. Agreement to terms

These Terms of Service ("Terms") form a binding contract between you and DiverHire (the "Company", "we", "us", "our") governing your use of diverhire.com and any related apps, APIs, tools, content, or services (together, the "Service"). By creating an account, visiting the Service, or otherwise using it in any way, you agree to these Terms. If you don't agree, don't use the Service. We may update these Terms; material changes will be communicated by email to registered users.

2. The marketplace, plainly

DiverHire is a marketplace connecting commercial divers ("Divers") with clients seeking underwater services ("Clients"). DiverHire is not a party to any agreement between a Diver and a Client, is not an employer of any Diver, is not a contractor, broker, agent, dive supervisor, safety officer, or certifying body. We provide the platform; the actual diving work, contracts, and payments are entirely between the Diver and the Client.

Listings, profiles, ratings, and reviews are user-generated. We do not pre-screen the accuracy of certifications, the validity of insurance, the accuracy of job descriptions, the safety of any project, or the truthfulness of any review.

3. Eligibility

• You must be at least 18 years old.
• You must have legal capacity to enter into a binding contract in your jurisdiction.
• You must not be on any government sanctions list or barred from using marketplaces like ours.
• Divers must hold valid certifications appropriate for the work they offer or accept, and must independently maintain insurance appropriate to the work.
• You must provide accurate, current, complete information when registering and keep it accurate over time.

4. Your account

You are solely responsible for everything that happens under your account, including all content posted, bids submitted, jobs accepted, and messages sent. Don't share your password. Notify us immediately at [email protected] if you suspect unauthorised access. We are not liable for losses caused by use of your credentials, whether or not authorised by you.

5. Diver responsibilities

• Hold valid, current certifications appropriate to the work you accept.
• Carry insurance appropriate to the work (general liability, professional liability, equipment, health, workers' compensation as applicable). DiverHire does not provide, verify, or supplement your insurance.
• Decline jobs you are not qualified for, regardless of any pressure from a Client or from financial need.
• Conduct dives within your training agency's standards and applicable regulations (OSHA, ADCI, IMCA, DCBC, HSE, ADAS, NORSOK, or equivalent in your jurisdiction).
• Plan dives independently; do not rely on DiverHire's calculators, gear reviews, or any other content as a substitute for proper dive planning, training, or supervision.
• Communicate honestly with Clients about scope, schedule, qualifications, and cost.
• Comply with tax and regulatory obligations applicable to self-employed contractors in your jurisdiction. DiverHire does not withhold tax, issue 1099s/W-2s, or report income on your behalf.

6. Client responsibilities

• Describe the project accurately and completely (depth, conditions, hazards, certifications required, equipment provided, deadlines).
• Provide a safe working environment and any required permits, marine traffic coordination, and topside support.
• Pay the agreed amount on the agreed schedule.
• Treat Divers as independent contractors unless you specifically agree otherwise. DiverHire does not establish an employer/employee relationship between you and any Diver.
• Do not request work that would require certifications, insurance, or permits that the Diver doesn't have, regardless of price or urgency.

7. Diving-specific safety acknowledgement

Commercial scuba diving carries serious, well-documented risks including but not limited to: drowning; barotrauma; decompression sickness ("the bends"); arterial gas embolism; oxygen toxicity; nitrogen narcosis; carbon dioxide buildup; hypothermia; entanglement; crushing; impact with vessels, propellers, or marine life; equipment failure; failure of surface support; loss of communications; and death. You acknowledge and accept that these risks cannot be eliminated and that no precaution by DiverHire could eliminate them.

DiverHire does not assess the safety of any specific dive, the suitability of any Diver for a given job, the accuracy of certification claims, the conditions at the dive site, the seaworthiness of any vessel, the integrity of any equipment, or the appropriateness of any project. Decisions about whether a dive is safe to perform are between the Diver, the Client, and the Diver's training agency.

If a dive is unsafe, do not perform it. Cancelling or refusing a job for safety reasons is your right and we will not penalise you for it. Document the reason and report it to us at [email protected].

8. Payments

Currently, payment is arranged directly between Divers and Clients off-platform. DiverHire does not process payments today, does not hold funds, does not act as an escrow agent, and is not a party to any payment dispute. Platform-managed escrow with Stripe is on the roadmap; when it launches we'll publish the fee structure here.

Disputes about payment, scope, or quality are between the Diver and the Client. We will assist with documentation if asked, but we have no obligation to mediate, arbitrate, or enforce any commercial arrangement.

9. Assumption of risk, release of liability, and indemnification

Read this section carefully. By using the Service, you agree to it on behalf of yourself, your spouse, your heirs, your estate, your employees, your assignees, and anyone who could claim through you.

9.1 Assumption of risk

You voluntarily and knowingly assume all risks of any kind related to or arising from your use of the Service or any dive, project, or relationship arranged through it. This includes but is not limited to:

• Bodily injury, illness, disability, paralysis, and death — including all diving-specific injuries listed in Section 7 above.
• Loss of or damage to property — including but not limited to dive gear, dive computers, cameras, vessels, vehicles, tools, structures inspected or worked on, marina property, third-party property in the water, and any cargo.
• Financial loss — including unpaid invoices, lost wages, lost contracts, lost business opportunities, fines, taxes, regulatory penalties, and the cost of rectifying defective work.
• Emotional, reputational, and dignitary harm — including harm caused by reviews, comments, ratings, or other user-generated content posted on the Service.
• Acts and omissions of other users — including misrepresentation of certifications, insurance, experience, or scope; unsafe conduct underwater or on the surface; theft; harassment; abandonment; or non-payment.
• Acts and omissions of third parties — including dive shops, charter operators, vessel owners, manufacturers of gear, instructors, training agencies, emergency responders, harbour authorities, governmental bodies, and bystanders.
• Force majeure events — including weather, currents, marine life, equipment failure unrelated to negligence, regulatory action, war, civil disturbance, and acts of God.

9.2 Release and waiver

To the fullest extent permitted by law, you release, waive, discharge, and covenant not to sue DiverHire, its parent and subsidiary entities, founders, officers, directors, employees, contractors, agents, advisors, investors, successors, and assigns (the "Released Parties") from any and all claims, demands, causes of action, damages, losses, costs, expenses, attorneys' fees, and liabilities of every kind — whether known or unknown, foreseen or unforeseen, present or future, direct or indirect, in contract, tort, statute, or otherwise — arising out of or in any way connected with:

• Your use of, or inability to use, the Service;
• Any dive, job, project, contract, communication, or relationship initiated, arranged, managed, or in any way connected to the Service;
• Any conduct, content, or omission of any other user, whether on or off the Service;
• Any reliance on the Service's content, including job listings, diver profiles, ratings, reviews, blog articles, gear reviews, dive calculators, or any other information presented on the Service, whether produced by us, by users, or by third parties;
• Any loss of data, account compromise, or service interruption;
• Any payment, non-payment, dispute, or financial transaction between users.

You give up any right to claim damages from any of the Released Parties for any injury, illness, death, or property loss, regardless of cause, including but not limited to negligence of the Released Parties, except to the extent the loss results from our gross negligence or wilful misconduct, where such releases are not permitted to be waived under applicable law.

9.3 Indemnification

You will defend, indemnify, and hold harmless the Released Parties from and against any and all claims, damages, losses, costs, expenses, and reasonable attorneys' fees brought by any third party (including any other user, any client of yours, any employer, any government authority, or any heir or estate) arising out of or in any way connected with:

• Your use or misuse of the Service;
• Your breach of these Terms or any law or regulation;
• Your violation of any third party's rights, including privacy and intellectual property rights;
• The content you post (including reviews, photos, descriptions, and messages);
• Any work performed, offered, or accepted via the Service;
• Any injury, illness, death, or property damage arising from any dive, job, or project — even if the dive was arranged or facilitated through the Service.

9.4 Acknowledgement

You acknowledge that (a) you have read this Section 9 in full, (b) you understand its legal effect, (c) you have had the opportunity to consult with a lawyer before agreeing, (d) you are agreeing voluntarily and not under duress, and (e) the consideration you receive — access to the Service — is sufficient and fair consideration for the release and indemnity above. You agree that this section is severable: if any part is found unenforceable, the rest remains in effect.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING (TO THE MAXIMUM EXTENT PERMITTED BY LAW) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY DIVER, JOB, OR REVIEW IS AS REPRESENTED.

Any content provided as guidance — including dive calculators, gear reviews, and blog articles — is for informational purposes only and is not a substitute for proper training, certification, dive planning, supervision, or professional advice. Verify everything independently.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHERE LIABILITY CANNOT BE FULLY DISCLAIMED UNDER APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE RELEASED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) US$100, OR (B) THE FEES YOU PAID DIRECTLY TO DIVERHIRE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES IN AGGREGATE TO ALL CLAIMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

12. Reviews and content

You agree that any reviews, photos, descriptions, or other content you post must be truthful and based on your real experience; not defamatory, harassing, threatening, hateful, sexually explicit, or unlawful; not infringing on copyright, trademark, privacy, or publicity rights; and free of personal information about other people without their consent.

You retain ownership of content you post. You grant DiverHire a worldwide, perpetual, irrevocable, royalty-free, sublicensable licence to host, store, reproduce, modify (for formatting and moderation), display, distribute, and otherwise use that content in connection with operating, promoting, and improving the Service.

We may remove any content at our sole discretion without notice. We do not pre-moderate content. An automatic check may put a message on a list for DiverHire staff but never blocks, hides or changes it. If you see content that violates these Terms, use Report on the message or bid, or email [email protected].

13. Prohibited conduct

• Misrepresenting your certifications, insurance, experience, or identity
• Soliciting users to do business outside the platform to evade fees (when fees apply) or to evade trust-and-safety oversight
• Scraping, mass-downloading, or reverse-engineering the Service or its APIs; bypassing rate limits or other technical protections
• Posting illegal, fraudulent, deceptive, or misleading job listings
• Harassing, threatening, doxxing, or stalking other users
• Using the Service to violate any law, regulation, or third-party right
• Using the Service to recruit for activities outside scuba diving or related marine services

Violations can lead to immediate account suspension or termination, forfeiture of any pending payments where applicable, and referral to law enforcement.

14. Intellectual property

The Service, including all code, design, graphics, logos, brand assets, calculators, and original content, is owned by DiverHire and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purpose, subject to these Terms.

15. Termination

You may delete your account at any time by emailing [email protected]. We may suspend or terminate your account immediately, without notice, for any violation of these Terms, any activity that risks the safety of users or the platform, or any reason at our sole discretion. Sections 9 (Assumption of risk, release, and indemnification), 10 (Disclaimers), 11 (Limitation of liability), and 16 (Governing law and disputes) survive termination.

16. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which DiverHire is incorporated, without regard to conflict-of-laws principles.

16.1 Informal resolution first

Before filing any claim, you agree to try to resolve the dispute informally by emailing [email protected] with a description of the claim and any supporting documentation. We will attempt to resolve disputes informally for at least 60 days before any formal action.

16.2 Binding arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration under the rules of the American Arbitration Association (AAA), held in the jurisdiction where DiverHire is incorporated, conducted in English. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

16.3 Class-action waiver

You waive any right to participate in a class action, class arbitration, or representative proceeding against DiverHire, to the maximum extent permitted by law. All disputes will be resolved on an individual basis.

16.4 Equitable relief

Notwithstanding the above, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

17. Changes

We may update these Terms. The "last updated" date at the top reflects the current version. Material changes will be communicated by email to registered users at least 14 days before they take effect. Continued use of the Service after a change constitutes acceptance of the updated Terms.

18. Miscellaneous

• Entire agreement. These Terms, the Privacy Policy, and any feature-specific terms posted on the Service constitute the entire agreement between you and DiverHire and supersede any prior agreements.
• Severability. If any provision is found unenforceable, the rest of these Terms remains in effect, and the unenforceable provision will be reformed to the extent necessary to make it enforceable while preserving its intent.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our written consent. We may assign without restriction.
• Notices. Notices to you may be sent via email to your registered address. Notices to us must be sent to [email protected].

19. Contact

Legal questions: [email protected]. Trust & safety: [email protected]. Privacy: [email protected].

By creating an account or using the Service in any way, you confirm that you have read, understood, and agree to these Terms — including the assumption-of-risk, release, and indemnification provisions in Section 9.