Scubbl User Terms and Conditions of Sale
These terms and conditions of sale, hereinafter the “User TCS”, govern the commercial terms applicable to purchases, subscriptions, paid services, Premium features, digital content and digital services offered to individual users of Scubbl.
They apply in particular to the Scubbl Premium subscription, in-app purchases, paid digital services intended for non-professional Users and, more generally, to any paid offer made available to individuals within the Scubbl ecosystem.
By subscribing, validating an in-app purchase, accessing a paid feature or using a paid digital service, the User acknowledges having read, understood and accepted these User TCS.
These User TCS supplement the Terms of Use, the Privacy Policy, the Cookie and Tracker Policy, the Account Deletion page and, where the purchase is made through a third-party platform, the applicable terms of the Apple App Store, Google Play, Stripe or any relevant payment platform.
1. Publisher of the Service
The Scubbl Service is published by:
E.K. EI
173 rue de Courcelles, 75017 Paris, France
General contact: contact@scubbl.com
Personal data contact: privacy@scubbl.com
Scubbl is a registered trademark.
Detailed legal information relating to the publisher, publication director, hosting provider, contact methods, applicable administrative information and, where Scubbl provides services to consumers, the appointed consumer mediator, is provided on the dedicated page: Legal Notice.
2. Definitions
“User” means any natural person using Scubbl for personal, non-professional purposes.
“Service” means all features, content, interfaces, applications, websites, software and digital services offered by Scubbl.
“Account” means the personal area enabling the User to access certain Scubbl features.
“Scubbl Premium” means the paid offer intended for individual Users and granting access to certain reserved features, content or benefits.
“Subscription” means paid renewable access, monthly, yearly or according to any other billing period displayed at the time of subscription.
“Paid Digital Service” means any content, feature, access right, service, subscription, in-app purchase or benefit supplied against payment.
“Platform” means the Apple App Store, Google Play, Stripe or any other third-party platform enabling subscription, payment, management, restoration, termination or refund of a purchase or subscription.
“RevenueCat” means a technical solution that may be used by Scubbl to manage, synchronize or restore entitlements associated with subscriptions and in-app purchases, without necessarily being the direct seller to the User.
3. Purpose
These User TCS define the conditions under which a User may subscribe to, purchase or access paid digital services offered by Scubbl for personal use.
They govern, in particular, access to the offer, pre-contractual information, prices, payment, activation, invoicing, duration, renewal, termination, account deletion, refunds, right of withdrawal, legal warranties, access suspension, personal data, Service availability and liability applicable to paid services.
Subscriptions intended for clubs, centers, professionals, associations, companies or organizations using Scubbl for professional, commercial, institutional or visibility purposes fall under the Club and Professional TCS.
4. Users concerned and consumer status
These User TCS apply to Users acting for personal, non-professional purposes.
Where the User acts within a professional, commercial, associative, institutional activity or on behalf of an organization, the Club and Professional TCS may also apply.
The User undertakes not to divert the Scubbl Premium subscription for professional, commercial, promotional, prospecting or representation purposes for a club, center, association or organization, unless expressly authorized by Scubbl.
5. Acceptance and pre-contractual information
Before any subscription or purchase validation, the User is invited to review the essential information relating to the offer, including the main features, the total price including all applicable taxes where relevant, duration, billing frequency, renewal terms, termination procedures, any technical restrictions, compatibility, interoperability, applicable legal warranties, right of withdrawal, Scubbl’s contact details, complaint handling procedures, the possibility of using a consumer mediator and the terms specific to the Platform used.
This information may be displayed in the application, on the website, on the Apple App Store, Google Play, Stripe or on any other payment Platform used at the time of purchase.
Where the paid digital service is supplied immediately after purchase validation, the User is informed of this before or at the time of subscription, according to the interfaces of the Platform used.
Validation of a purchase or subscription through the application, the Apple App Store, Google Play, Stripe or any other Platform constitutes acceptance of these User TCS and of the terms specific to the Platform concerned.
Where technically possible, Scubbl may retain evidence of acceptance of these TCS, including the version accepted, date, time, Account identifier, email address, IP address, Platform used, country, product purchased or any other element useful for contractual evidence.
In the event of a conflict between these User TCS and the mandatory rules of the Platform used for payment, the Platform rules may apply to the aspects it directly controls, including payment, invoicing, renewal, cancellation, purchase restoration and refunds.
6. Access to paid services, Account and minimum age
Access to paid services requires the creation of a Scubbl Account, acceptance of the Terms of Use and compliance with these User TCS.
Scubbl is accessible only to persons aged at least 15 years.
Where a minor User aged at least 15 subscribes to or uses a paid service, they must have the prior authorization of their legal representative where such authorization is required. Scubbl may request any reasonable element allowing this authorization to be verified where necessary. The legal representative remains responsible for use of the Service, the Account, purchases made, subscriptions taken out and use of the payment Platform by the minor.
Scubbl may refuse, suspend or withdraw access to a paid service in the event of breach of the Terms of Use, fraud, abusive behavior, refused payment, unauthorized use, account deletion, inability to verify the subscription or any other legitimate reason related to security, protection of the Service, third-party rights or compliance with applicable regulations.
7. Description of the Scubbl Premium offer
Scubbl Premium is a paid subscription intended for individual Users.
Depending on the application version, country, Platform used, feature availability, technical conditions and information displayed at the time of subscription, Scubbl Premium may include, in particular: removal of certain standard advertisements, access to certain advanced statistics, extended offline access to certain content, access to certain courses, guides, educational or Premium content, improved, experimental or Premium-only features, and any other paid feature displayed as included at the time of subscription.
Certain features or content may remain available free of charge to non-subscribed Users. Conversely, certain content may be reserved for Premium subscribers.
Scubbl may evolve the Scubbl Premium offer, add, modify, replace, suspend or remove certain features in order to improve the Service, account for technical constraints, modify its offer, comply with legal obligations or preserve Service security, subject to mandatory applicable rights and conformity of the paid digital service.
8. Features, geographic availability and compatibility
Features included in Scubbl Premium may depend on country, language, application version, operating system, device used, internet connection, available storage space, authorizations granted by the User and availability of third-party services.
Some features may be experimental, rolled out progressively, limited to certain countries, temporarily unavailable, incompatible with certain devices or subject to specific technical conditions.
The User is invited to keep the application updated in order to benefit from available fixes, improvements, security measures and features.
9. Educational content, courses and guides
Scubbl may offer online courses, travel guides, educational content, informational content or resources related to diving, snorkeling, freediving, species, spots, regions, clubs or associated activities.
This content is provided for educational, informational and community purposes. It does not constitute certified training, an official certification, a diploma, a professional qualification, medical advice, a personalized safety recommendation, level validation, mandatory preparation or professional supervision.
It does not replace official training, an instructor, a club, a federation, a certification body, a healthcare professional, local verification, analysis of real conditions or a responsible on-site decision.
The User remains solely responsible for their decisions, preparation, level, equipment, certifications, health status, supervision and safety during any activity in a natural environment.
10. Extended offline access
Scubbl Premium may provide access to extended offline features allowing certain content to be stored locally, such as favorite spots, data relating to an area, travel guides, certain courses or certain content available from the application.
Offline access depends in particular on the technical availability of data, application version, storage space available on the device, User settings, synchronization, internet connection, operating system, device security and maintenance of an active subscription.
Scubbl does not guarantee that all Service content will be available offline. Certain data, including species, dynamic content, community content, maps, media, updated information or features requiring a connection, may not be available offline or may be only partially available.
The User must update their offline content before any activity and must never rely exclusively on offline data for a safety decision.
11. Advertising and commercial content
Scubbl Premium may remove certain standard advertisements integrated into the application, including advertisements displayed to non-subscribed Users.
However, the Premium subscription does not necessarily remove content integrated into the normal operation of Scubbl, including Club pages, Club content, partners, referenced professionals, structure recommendations, commercial information integrated into guides, spots or regions, or content presented as part of the Scubbl ecosystem.
The presence of a club, professional, partner or organization in Scubbl does not necessarily constitute standard advertising and may remain visible to Premium Users.
Where commercial, sponsored or partner content is displayed, Scubbl endeavors to present it in a fair and understandable manner, to the extent required by applicable regulations.
12. No guarantee of personal result or safety
Scubbl Premium provides access to digital content, features or benefits, but does not guarantee any personal, educational, sporting, medical, commercial, community, progress, safety or performance result.
Scubbl does not guarantee that the User will improve their level, correctly identify a species, choose a suitable spot, avoid any risk, meet other divers, receive a response from a club or make an optimal decision through the Service.
Information available in Scubbl may be incomplete, outdated, approximate, derived from community contributions or dependent on third-party services. It must always be checked locally, especially where it may affect the safety of an activity in a natural environment.
13. Relationships with Clubs, Professionals and third parties
Scubbl may allow the User to discover Clubs, Professionals, associations, guides, instructors, dive centers, snorkeling or freediving structures, events, outings, spots or associated content.
Unless expressly stated otherwise, Scubbl is not a party to contracts, bookings, outings, training, services, payments, refunds, cancellations, exchanges or disputes that may arise between the User and a Club, Professional or third party.
The User must directly verify with the relevant Club or Professional the prices, availability, required levels, certifications, insurance, safety conditions, cancellation terms, weather conditions, supervision, equipment, local regulations and any important information before committing.
14. Content published by the User as part of paid services
The User may publish, import or transmit content as part of the Service, including when they have a Premium subscription.
The Premium subscription does not grant any special right to publish unlawful, misleading, abusive, dangerous, discriminatory, fraudulent, defamatory content or content infringing third-party rights.
The rules applicable to User Content, the license granted to Scubbl, reports, community contributions and moderation are defined in the Terms of Use.
15. Reviews, comments, contributions and interactions
Scubbl may allow the User to publish reviews, comments, observations, contributions on spots or species, votes, validations, reports, logbook content, group content or other community interactions.
The User undertakes to use these features sincerely, fairly, proportionately and in accordance with the facts known to them.
The User is prohibited in particular from publishing fake reviews, fake observations, fake contributions, misleading content, complacent validations, abusive automated content, malicious reports or manipulated votes.
Scubbl may moderate, refuse, correct, merge, hide, delete, anonymize or delist a contribution where necessary to preserve the quality, security, legality, consistency or reliability of the Service.
16. Offered benefits, free access and informal partnerships
Scubbl may occasionally grant non-monetary benefits, free access, trial periods, subscription extensions or temporary Premium features to certain Users participating in the improvement, testing, contribution or promotion of the Service.
These benefits are personal, non-transferable, non-assignable, non-exchangeable, non-refundable and do not create any automatic right to renewal, maintenance, remuneration, financial compensation or a similar benefit.
Where the benefit is granted in connection with public communication, the beneficiary must comply with applicable commercial transparency rules and clearly indicate the existence of the partnership, free access or collaboration where required.
17. Restrictions on use of paid services
The User undertakes to use paid services personally, fairly, reasonably, securely and in accordance with Scubbl’s purpose.
The User is prohibited in particular from abusively sharing their Account, bypassing access restrictions, reselling Premium access, exploiting paid content for unauthorized commercial purposes, massively extracting Scubbl data, copying paid content, automating access, bypassing payment mechanisms, disrupting entitlement synchronization or using the Service to encourage dangerous practices.
Any breach of these restrictions may result in moderation measures, suspension, account deletion, withdrawal of Premium access or termination of access to the paid service, subject to mandatory applicable rights.
18. Prices
The applicable prices are those displayed in the application, on the Apple App Store, on Google Play, on Stripe or on any applicable payment Platform at the time of subscription or purchase.
Prices may vary according to country, currency, Platform, applicable taxes, Apple App Store or Google Play rules, promotions, trial periods, price adjustments, exchange rates or rules specific to distribution platforms.
The applicable total price is indicated to the User before validation of the purchase or subscription on the Platform concerned.
In the event of a difference between pricing information present in Scubbl and the price displayed by the Platform before order validation, the price displayed by the Platform at the time of purchase prevails for the purchase concerned.
Prices displayed in the application, on the Apple App Store or on Google Play are shown inclusive of all applicable taxes where required by the Platform or by applicable regulations.
Where Scubbl offers direct payment, the total price inclusive of all taxes, any additional fees, applicable taxes and payment terms are communicated before purchase validation.
19. Trial periods, launch offers and promotions
Scubbl may optionally offer trial periods, promotions, launch offers, reduced prices or free access.
These offers are subject to the conditions displayed in the application, in the commercial offer or on the Platform at the time of subscription. They may vary according to country, Platform, period, User, commercial conditions or technical availability.
Where the offer includes a trial period followed by an automatically renewable paid subscription, the User is informed of the applicable conditions before subscription validation by the Platform.
Unless otherwise indicated, the User must cancel the subscription before the end of the trial period if they do not wish to be billed at the end of that period.
20. Order, payment and activation
Subscriptions and in-app purchases intended for individual Users are taken out through the Apple App Store, Google Play, Stripe or any other Platform indicated at the time of purchase.
RevenueCat may be used as a technical solution for managing entitlements, subscriptions, access statuses, restoration or synchronization of purchases, without necessarily being the direct seller to the User.
Payment is processed by the Platform used at the time of purchase. The User must review and accept the payment, invoicing, renewal, refund, cancellation and subscription management terms applicable to that Platform.
Unless otherwise indicated by the Platform or in the relevant offer, payment is due immediately upon validation of the purchase or subscription.
Scubbl does not directly collect the User’s bank details for purchases made through the Apple App Store or Google Play.
Access to paid features is activated after confirmation of the subscription or purchase by the Platform concerned and after technical synchronization with Scubbl. A synchronization or restoration delay may occur.
In the event of payment failure, cancellation, dispute, suspected fraud or inability to verify the subscription, paid access may not be activated, may be suspended or may be withdrawn.
21. Invoices, receipts and proof of purchase
Where the purchase is made through the Apple App Store, Google Play or a third-party Platform, receipts, proofs, payment histories, invoices or equivalent documents are generally provided by the Platform concerned, according to its own rules.
The User must consult their Apple, Google or associated Platform account to find information relating to purchases, payments, subscriptions, receipts and proofs.
Scubbl may, where technically possible, help the User identify their subscription status or restore purchases, but does not guarantee direct issuance of an invoice where payment has been processed by a third-party Platform.
If Scubbl offers direct payment, the applicable billing information will be provided to the User before purchase validation or in any area provided for that purpose.
22. Duration and automatic renewal
Scubbl Premium may be offered as a monthly, yearly or other periodic subscription displayed at the time of subscription.
Unless otherwise indicated at the time of subscription, the subscription is concluded for the duration chosen by the User and renews automatically for successive periods of the same duration until terminated by the User, by the Platform concerned or by Scubbl in the cases provided for in the applicable contractual documents.
The User is informed of the price, duration, billing frequency and renewal terms before validating the subscription through the Apple App Store, Google Play, Stripe or the Platform concerned.
Automatic renewal, billing date, renewal notifications, any reminders, price changes and cancellation procedures are managed according to the rules of the Platform used.
Where regulations or the Platform require it, the User receives information relating to automatic renewal, price changes or the possibility of termination according to the procedures provided by the Platform concerned.
Where the subscription is taken out directly with Scubbl and is subject to French rules on tacit renewal of service contracts concluded with a consumer, Scubbl informs the User, under the conditions provided by applicable regulations, of the possibility of not renewing the subscription before its expiry. Failing such information where legally required, the User retains the termination rights provided by law.
23. Termination of the subscription
The User may cancel their Scubbl Premium subscription at any time from their Apple, Google or relevant Platform account settings.
Where the subscription was taken out directly with Scubbl, the User may cancel it through the interface made available, from their Account or by contacting Scubbl where the interface is not available.
Where the subscription was entered into online directly with Scubbl, Scubbl provides an easily accessible online cancellation method enabling the User to end their subscription under the conditions provided by applicable regulations.
Uninstalling the Scubbl application, logging out of the Account, deleting the Scubbl Account, not using the Service or deleting data in Scubbl does not automatically cancel the subscription taken out through the Apple App Store, Google Play or a third-party Platform.
Termination takes effect at the end of the subscription period already paid for, unless a different rule is applied by the Platform concerned or mandatory applicable law. In principle, the User retains access to Premium features until the current period expires.
Termination does not in principle entail automatic refund of the period already begun, unless a different rule is applied by the Platform concerned, a goodwill gesture is made by Scubbl or mandatory applicable law provides otherwise.
After effective expiry or termination of the subscription, access to Premium features ceases. Free content and features remain accessible according to the conditions applicable to the Service.
24. Account deletion and effects on the subscription
Deleting the Scubbl Account does not automatically cancel a subscription taken out through the Apple App Store, Google Play or a third-party Platform.
A User wishing to end their subscription must complete the cancellation steps directly with the Platform used for subscription.
If the User deletes their Scubbl Account without cancelling their subscription with the Platform concerned, they may continue to be billed by that Platform until the subscription is effectively cancelled.
Scubbl cannot be held responsible for billing maintained by Apple, Google or a third-party Platform where the User has not cancelled their subscription according to the procedures provided by that Platform.
Account deletion is processed in accordance with the Terms of Use, the Account Deletion page and the Privacy Policy.
25. Refunds
Refund requests relating to a subscription or purchase made through the Apple App Store, Google Play or a third-party Platform must be submitted to the Platform used for the purchase, according to its own procedures.
Scubbl does not guarantee that a refund request will be accepted by Apple, Google or the Platform concerned.
Where technically possible and appropriate, Scubbl may assist the User in identifying an access issue, subscription status, purchase restoration or technical incident. However, refund decisions relating to purchases made through Platforms are in principle the responsibility of the Platform concerned.
No automatic refund is due in the event of voluntary termination, non-use of the Service, uninstallation, failure to cancel, Account deletion, temporary unavailability, reasonable modification of the Service, loss of access linked to a breach of the Terms of Use or failure to take steps with the Platform.
In the event of a significant technical incident attributable to Scubbl and significantly affecting access to the paid service, Scubbl may, depending on the circumstances and to the extent technically possible, propose a correction, restoration of access, access extension, goodwill gesture or invite the User to request a refund from the Platform concerned.
26. Right of withdrawal
For distance contracts concluded with a consumer, the User in principle has a withdrawal period of fourteen (14) days from conclusion of the contract, unless a legally applicable exception applies.
Where the paid digital service is supplied immediately after the order, the User is informed that performance of the service may begin before the end of the withdrawal period.
Where required by law in order for the right of withdrawal to be lost, immediate access to the digital service before the end of the fourteen (14) day period requires an express request or agreement from the User as well as an express waiver of their right of withdrawal, collected before or at the time of subscription, according to the methods permitted by the Platform used.
Where the purchase is made through the Apple App Store, Google Play or a third-party Platform, any exercise of the right of withdrawal, refund conditions and applicable procedures are handled according to the rules, interfaces and procedures of the Platform concerned, subject to the mandatory rights from which the User benefits under applicable law.
Where the right of withdrawal applies and is validly exercised directly with Scubbl, Scubbl refunds the relevant sums under the conditions and within the time limits provided by applicable regulations, in principle using the same payment method as the initial transaction where technically possible.
Applicable legal warranties remain unchanged in all cases.
27. Withdrawal form template
Where the right of withdrawal applies and may be exercised directly with Scubbl, the User may use the following template:
To Scubbl — E.K. EI, 173 rue de Courcelles, 75017 Paris, France — contact@scubbl.com
I hereby notify you of my withdrawal from the contract relating to the following service:
Service concerned:
Order date:
Email address of the Scubbl account:
Purchase Platform used: Apple App Store / Google Play / Stripe / other:
First and last name:
Date:
Signature only in case of paper notification:
Where the purchase was made through the Apple App Store, Google Play or a third-party Platform, the User must also complete the steps required by the Platform concerned.
28. Loss, suspension or restriction of access
Access to Scubbl Premium may be suspended, limited or deleted in particular in the event of refused payment, subscription expiry, cancellation by the Platform, fraud, abuse, breach of the Terms of Use, Account deletion, technical inability to verify the subscription, use contrary to these User TCS or a measure necessary for Service security.
In the event of suspension or deletion of the Account for serious breach of the Terms of Use, the User may lose access to Premium features without automatic right to refund, subject to mandatory applicable rights and the rules of the relevant payment Platform.
Scubbl may also temporarily suspend access to certain paid features where necessary to resolve a technical incident, prevent fraud, protect Users, comply with a legal obligation or preserve Service security.
29. Legal conformity warranty and applicable warranties
The paid digital services provided by Scubbl benefit from applicable legal warranties, including the legal conformity warranty where applicable to digital content and services provided to a consumer.
Scubbl undertakes to provide a digital service conforming to the description of the offer, subject to the limitations provided by these User TCS, the Terms of Use, technical constraints, dependencies on third-party Platforms, features actually available in the country or version of the application used and the conditions displayed at the time of subscription.
Conformity is assessed in particular with regard to the description of the service, its announced features, compatibility, interoperability, reasonable continuity, security and necessary updates where required by applicable regulations.
In the event of an established lack of conformity of the paid digital service, the consumer User may request that the service be brought into conformity. Where legal conditions are met, the User may also benefit from a price reduction or termination of the contract, according to the applicable procedures where the purchase was made through the Apple App Store, Google Play or a third-party Platform, without prejudice to the mandatory rights from which they benefit under applicable law.
Bringing the service into conformity occurs free of charge for the User, without unjustified delay and without major inconvenience, under the conditions provided by applicable regulations.
The User must reasonably cooperate with Scubbl to enable analysis and resolution of the alleged defect, in particular by communicating the Platform used, application version, device concerned, Account email address, subscription type and a precise description of the problem.
No separate commercial warranty is granted unless expressly stated otherwise in the application or in a specific offer.
No clause of these User TCS limits the mandatory legal rights from which the User benefits as a consumer.
30. Personal data, confidentiality and subcontracting
Personal data processing related to purchases, subscriptions, Premium entitlements, purchase restoration, support, advertising, offline access, Account management, security and abuse prevention is described in the Privacy Policy.
Scubbl generally acts as data controller for processing it determines itself, including management of Accounts, purchases, subscriptions, Premium entitlements, support, security, reports, abuse prevention and Service improvement.
Scubbl may receive certain limited technical or transactional information from payment Platforms or its technical providers in order to verify subscription status, activate the corresponding entitlements, restore a purchase, process a support request or prevent abuse.
The main legal bases likely to be used are performance of the contract or pre-contractual measures, compliance with legal obligations, Scubbl’s legitimate interest in securing, improving and operating the Service, and consent where required.
Scubbl may use technical providers, hosts, Platforms, payment services, subscription management tools, notification services or other subcontractors necessary for Service operation. Where these providers process personal data on behalf of Scubbl, Scubbl ensures, to the extent required by applicable regulations, that such processing is governed by appropriate contractual commitments regarding confidentiality, security, purpose limitation, assistance and data protection.
The User may exercise their rights under the conditions provided by the Privacy Policy, including rights of access, rectification, erasure, objection, restriction and, where applicable, portability. Requests may be sent to contact@scubbl.com.
The User may also lodge a complaint with the competent supervisory authority, including the CNIL where French regulations apply.
31. Security, availability and maintenance
Scubbl endeavors to provide paid services in accordance with their description, subject to technical constraints, limits inherent in digital services, dependencies on Apple, Google or other Platforms, network availability, the device used, maintenance operations and events reasonably beyond its control.
Scubbl does not guarantee that paid services will be permanently available, continuous, error-free, uninterrupted, without data loss or compatible with all devices, operating systems, configurations, networks or countries.
The Service may be interrupted, suspended, limited or temporarily unavailable in case of maintenance, update, outage, technical incident, cyberattack, security constraint, regulatory change, dependency on a third-party service, Platform failure or force majeure.
Scubbl may deploy updates necessary to maintain the conformity, security, compatibility or proper operation of the Service. The User is invited to install these updates when available.
32. Scubbl’s liability
Scubbl is bound by a best-efforts obligation in the provision of paid digital services.
Scubbl cannot be held liable for damage resulting from misuse of the Service, breach of the Terms of Use, an activity in a natural environment, a decision made on the basis of informational content, failure to verify locally, a problem related to Apple, Google, Stripe, a third-party Platform, the User’s device, operating system, internet connection or a third-party service.
To the fullest extent permitted by applicable law, Scubbl shall not be liable for indirect damage, loss of opportunity, data loss, operating losses, damage to reputation, disputes with third parties or consequences related to the use of inaccurate, incomplete or outdated information, except where Scubbl’s liability cannot legally be excluded or limited.
Where Scubbl’s liability is incurred, it may only relate to direct, certain and foreseeable damage resulting from a proven breach by Scubbl of its obligations, subject to legal warranties and mandatory rights applicable to consumers.
The limitations and exclusions of liability provided in the Terms of Use also apply to these User TCS.
No clause of these User TCS is intended to exclude or limit liability that cannot legally be excluded or limited, including in case of gross negligence, intentional misconduct, fraud, attributable bodily injury or mandatory consumer rights.
33. Warranty and indemnification by the User
The User indemnifies Scubbl against the consequences of fraudulent, unlawful or abusive use of the Service, breach of these TCS, breach of the Terms of Use, infringement of third-party rights or content published by them, to the extent that the claim results from a fact attributable to them.
This indemnity does not deprive the User of the mandatory rights from which they benefit as a consumer and does not limit Scubbl’s liability where it cannot legally be excluded or limited.
The User undertakes to cooperate reasonably with Scubbl in the event of a claim, report, authority request or dispute related to their Account, content or use of the Service.
34. Force majeure
Scubbl cannot be held liable for non-performance or delay in performance of its obligations where such non-performance or delay results from an event of force majeure within the meaning of French law or, more broadly, an event reasonably beyond its control.
Such events may include, depending on the circumstances: major network outage, cyberattack, host unavailability, distribution Platform failure, incident affecting Apple, Google or Stripe, natural disaster, fire, pandemic, war, riot, external strike, administrative decision, legal change or power interruption.
During the event, affected obligations are suspended to the extent of the impediment. Scubbl will endeavor to restore the Service under reasonable conditions.
35. Evidence and electronic communications
The User accepts that electronic communications, validations, purchase confirmations, Platform receipts, technical logs, security traces, connection histories, support messages, notifications and records kept by Scubbl may be used as evidence, subject to applicable rules of evidence and the User’s ability to provide contrary evidence.
Exchanges between Scubbl and the User may take place by email, notification, in-app message, display in the Service or any other appropriate means.
The User must maintain valid contact details and regularly consult communications relating to their Account, subscription, security, contractual changes or moderation decisions.
36. Changes to offers and User TCS
Scubbl may modify these User TCS to account for changes in the Service, offers, regulations, payment Platforms, prices, features, technical constraints or security requirements.
The applicable version is the one in force at the time of subscription, renewal or use of the paid service concerned, subject to mandatory applicable rights.
In case of material modification, Scubbl may inform the User by any appropriate means, including in the application, by email, notification, banner or upon a new login.
Where the modification substantially affects a paid service in progress, Scubbl endeavors to allow a reasonable period before it enters into force, except in case of urgency related to security, law, an authority decision, a risk for Users or a major technical necessity.
Prices and renewal conditions may also be modified according to the rules specific to the Apple App Store, Google Play, Stripe or the Platform used.
Where the modification substantially affects a paid service in progress, the User retains the mandatory rights from which they benefit, including applicable remedies in case of lack of conformity or unauthorized adverse modification.
37. Complaints and amicable settlement
For any question relating to a purchase, subscription, Premium feature, purchase restoration, access issue, technical incident or complaint, the User may contact Scubbl at: contact@scubbl.com.
The User must provide the information necessary to process the request, including the email address associated with the Scubbl Account, the purchase Platform used, approximate subscription date, subscription type concerned, application version, device used and a clear description of the problem.
Scubbl will examine requests within a reasonable time, without guaranteeing acceptance of the request, refund, modification of a Platform decision or restoration of access where the applicable conditions are not met.
In case of dispute, the User is invited to contact Scubbl first in order to seek an amicable solution before any contentious action, without this step depriving the User of their right to bring the matter before the competent court.
38. Language of the User TCS
These User TCS are drafted in French.
They may be translated into other languages to facilitate understanding by Users. In the event of contradiction, ambiguity or difference in interpretation between the French version and a translated version, the French version shall prevail, subject to mandatory applicable rights.
39. Applicable law and disputes
These User TCS are governed by French law, subject to mandatory provisions that may apply to the User due to their country of residence.
In case of difficulty, the User is invited to contact Scubbl first at contact@scubbl.com in order to seek an amicable solution.
Failing amicable resolution, any dispute relating to the interpretation, validity, performance or termination of these User TCS shall be submitted to the competent courts in accordance with the applicable rules of law.
40. Contact
For any question relating to these User TCS, the User may contact Scubbl at: