Scubbl Terms of Use
These Terms of Use, hereinafter the “Terms”, govern access to and use of Scubbl, a community digital service dedicated to scuba diving, snorkeling, freediving, dive spots, marine species, clubs, professionals and related underwater activities.
By creating an account, accessing the Service, publishing content or using all or part of Scubbl’s features, the User acknowledges that they have read, understood and accepted these Terms. If the User does not accept the Terms, they must not create an account or use the Service.
When a person uses Scubbl on behalf of a club, center, company, association, professional or any other organization, they represent that they have the necessary rights, powers and authorizations to represent and bind that organization.
1. Definitions
“Scubbl” means the digital ecosystem operated under the Scubbl brand, including in particular the mobile application, website, content, interfaces, databases, free services, paid services and related professional services.
“Service” means all features, content, interfaces, software, technologies, databases and services offered by Scubbl, regardless of the access medium.
“User” means any person accessing the Service, creating an account or using all or part of Scubbl’s features.
“Account” means the personal area allowing access to certain features of the Service.
“User Content” means any content, data or information published, transmitted, imported, shared, proposed or made available by a User on Scubbl, including texts, photographs, images, posts, comments, observations, logbook activities, reviews, contributions, profile information, spot information, species data, group content or club-related content.
“Club”, “Professional” or “Organization” means any club, center, professional, association, company, body, guide, instructor or organization using Scubbl to present an activity related to scuba diving, freediving, snorkeling, technical diving, underwater activities or associated services.
“Scubbl Content” means the content, texts, guides, courses, databases, sheets, graphic elements, interfaces, trademarks, logos, software, rankings, recommendations and other elements provided or edited by Scubbl, excluding User Content.
“Platform” means the Apple App Store, Google Play, Stripe, RevenueCat or any other third-party service involved in access, payment, distribution, synchronization, hosting, notification or operation of the Service.
2. Publisher and applicable documents
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, contact methods, applicable administrative information and, where applicable, the appointed consumer mediator is provided on the dedicated page: Legal Notice.
These Terms are supplemented by the following documents, depending on the features used:
Club and Professional Terms of Sale
In the event of inconsistency between several documents, the specific terms applicable to the relevant offer, paid service, data processing or feature prevail over these Terms, subject to mandatory applicable provisions.
The User is invited to keep a copy of the contractual documents applicable at the time of registration, use of the Service or any subscription to a paid service.
3. Purpose of the Terms
These Terms define the conditions for accessing and using Scubbl.
They govern, in particular, account creation, minimum age, security rules, community features, content publication, contributions relating to spots and species, interactions between Users, clubs and professionals, moderation, intellectual property, personal data, Service availability and each party’s liability.
The financial terms applicable to paid services are covered by the User Terms of Sale, the Club and Professional Terms of Sale and, where applicable, the terms of the Apple App Store, Google Play, Stripe or any relevant third-party platform.
4. Acceptance of the Terms
Use of Scubbl requires full acceptance of these Terms.
Acceptance may take place when creating an Account, logging in, subscribing, publishing, ticking a checkbox, pressing a validation button or using any equivalent mechanism made available in the Service.
Where technically possible, Scubbl may keep proof of acceptance of the Terms, including the accepted version, date, time, Account email address, Account identifier, IP address, country, device type, application version or any other element reasonably necessary for contractual evidence.
Failure to accept the Terms may prevent access to the Service or to certain features. Scubbl may also refuse access to all or part of the Service in case of breach of the applicable contractual documents.
Scubbl may request renewed acceptance of the Terms in the event of a material change, creation of a new Account, subscription to a paid service or access to a sensitive feature.
The User acknowledges that the Terms are provided in a readable and understandable manner before use of the relevant features and that it is their responsibility to read them before accepting them.
5. Access to the Service and Account
Access to certain features requires the creation of an Account. Without an Account, access to the Service may be limited or unavailable. Certain public pages of the website may remain accessible for information purposes.
When registering, the User may be asked to provide their first name, last name, email address, date of birth, gender, password or any other authentication method, as well as, optionally, a profile photo, biography or other profile information.
The User undertakes to provide accurate, truthful, complete, personal and up-to-date information. The User must not create an account under a false identity, impersonate a third party, circumvent a moderation measure or create multiple accounts for abusive purposes.
Unless specifically authorized by Scubbl, an Account is personal. The User must not sell, rent, lend, abusively share, transfer or make available their Account, credentials or access rights to a third party.
The User is responsible for the confidentiality of their credentials, the strength of their password, the security of their device, email address and Apple or Google accounts when used for authentication or payment, and for all actions carried out from their Account, except in the event of fault attributable to Scubbl or proof of fraudulent use outside the User’s control.
In the event of unauthorized use, loss of access, suspected hacking or security breach concerning their Account, the User must contact Scubbl as soon as possible at contact@scubbl.com.
Scubbl may refuse, suspend, limit or delete an Account where necessary to protect the Service, Users, third-party rights, security, the community or compliance with these Terms.
6. Minimum age and minors
Scubbl is accessible only to persons aged at least 15 years.
Any person under 15 must not create an Account or use features requiring an Account. Scubbl may refuse, suspend or delete any Account where it appears that the User does not meet the minimum age requirement.
Use of the Service by a minor aged at least 15 requires the prior authorization of their legal representative where such authorization is required by law or by the nature of the feature used, in particular in case of purchase, subscription, geolocation, public publication or processing requiring specific consent. The legal representative remains responsible for the minor’s use of the Service, including Account creation, publications, social interactions, visibility settings, geolocation features, notifications, in-app purchases and paid services.
Certain personal data processing operations, optional features, trackers, personalized advertisements or location settings may require specific consent or special conditions when the User is a minor.
Scubbl may request any reasonably necessary evidence to verify the User’s age or the existence of parental authorization where required for Service security, legal compliance or the handling of a report.
7. Description of the Service
Scubbl is a community digital service dedicated to scuba diving, snorkeling, freediving, technical diving, clubs and related activities.
The Service may in particular allow Users to create a profile, view or publish activities, maintain a logbook, publish photos and comments, share observations, consult information about spots or species, discover clubs, use maps, access educational content, join groups, participate in community contributions, use offline features or access free, paid, Premium or professional services.
This description is general and non-exhaustive. Scubbl may add, modify, limit, suspend or remove certain features in order to improve the Service, ensure its security, comply with applicable regulations, take account of technical or economic constraints, or adapt the Service to the community’s needs.
8. Informational nature and activity safety
Information available on Scubbl, in particular regarding spots, depths, access, species, observations, weather, visibility, currents, recommended levels, clubs, guides, regions, courses or community comments, is provided for informational, educational and community purposes.
Scubbl is not a training organization, certification body, diving club, professional center, emergency service, safety authority, sports federation, healthcare professional or local guide.
Content offered on Scubbl, including online courses, tourist guides, practical information and educational content, does not replace certified training, professional supervision, official certification, medical advice, local verification, analysis of real conditions or appropriate preparation.
The User acknowledges that diving, freediving, snorkeling, navigation and outdoor activities may involve serious risks, including injury, drowning, decompression sickness, barotrauma, equipment incidents, currents, adverse weather, reduced visibility, exposure to wildlife or lack of supervision.
Before any activity, the User must verify actual conditions, weather, tides, currents, local regulations, their level, health condition, equipment, buddy, supervision, certifications and whether the activity is appropriate to their skills. The User must never rely exclusively on Scubbl to decide whether to undertake a potentially dangerous activity.
9. Paid features and subscriptions
Some Scubbl features may be free, while others may be reserved for Users with a subscription, in-app purchase, Premium access, complimentary access or professional offer.
Paid features intended for individual Users may include access to certain educational content, removal of certain standard advertisements, advanced statistics, enhanced features or extended offline access.
Paid features intended for Clubs and Professionals may include enhanced visibility in the application, a Club page, presence on the map, visibility in certain region, spot or guide content, and presentation to nearby Users.
The financial terms, payment methods, renewal, cancellation, refund and access rules for paid services are specified in the applicable documents:
Club and Professional Terms of Sale
Where purchases or subscriptions are made via the Apple App Store, Google Play, Stripe or another third-party platform, the payment, renewal, cancellation and refund terms of those platforms may also apply. Deleting a Scubbl Account does not automatically cancel a subscription managed by Apple, Google, Stripe or a third-party platform.
10. General rules of use
The User undertakes to use Scubbl fairly, responsibly, reasonably, in accordance with its purpose, these Terms, applicable laws and regulations, third-party rights and basic rules of respect between Users.
The User must not, in particular, publish or transmit illegal, misleading, hateful, discriminatory, threatening, harassing, defamatory, insulting, obscene content or content undermining another person’s dignity; infringe privacy, image rights, copyright, trademarks, professional secrecy, trade secrets or third-party rights; impersonate any person, club, professional, organization, authority or Scubbl; publish false information, fake reviews, false observations, false spots or intentionally misleading data; manipulate votes, reviews, likes, reports, rankings, recommendations or community mechanisms; use Scubbl for spam, abusive prospecting, scams, fraud, phishing or malicious behavior; harm or attempt to harm the operation, security or infrastructure of the Service or other Users’ Accounts; access or attempt to access without authorization data, accounts, interfaces, systems, APIs or internal features; massively extract, scrape, copy, index or reuse Scubbl data, content, maps, spots, species, profiles, clubs or databases; use robots, scripts, automated tools, extensions, scraping, data mining or unauthorized automated extraction techniques; circumvent security, limitation, moderation, payment or access measures implemented by Scubbl; or use Scubbl to encourage dangerous practices, in particular in diving, freediving, snorkeling or outdoor activities.
Any breach of these rules may result in moderation, restriction, suspension, deletion, delisting or termination measures.
11. Content published by Users
Scubbl allows Users to publish, transmit, import, share or propose different content, including texts, images, photos, comments, likes, logbook activities, species observations, diving conditions, reviews, comments on spots or clubs, proposed changes to spots or species, group posts, club-related content, opening hours, addresses, telephone numbers, social media links or other information.
The User is solely responsible for the User Content they publish, transmit, propose or make available on Scubbl, including where such content is inaccurate, incomplete, outdated, misleading, unlawful or likely to infringe third-party rights.
The User warrants that they hold all rights, licenses, authorizations and consents necessary to publish such content on Scubbl and to allow its use under these Terms.
When publishing an image, photograph or video, the User warrants that they are the author of the content or have the necessary rights to publish it. Where persons are visible or identifiable, the User warrants that they have obtained the necessary authorizations, including for publication on Scubbl and, where applicable, for the use provided for in these Terms.
The User undertakes not to publish content infringing third-party rights, including copyright, trademarks, image rights, privacy, professional secrecy or any other protected right.
Scubbl does not necessarily validate User Content before publication and does not approve it solely because it appears in the Service.
12. License granted to Scubbl
The User retains ownership of the rights they hold in the content they publish on Scubbl.
To enable operation of the Service, the User grants Scubbl a non-exclusive, free, worldwide license, transferable only to technical providers as necessary, to host, store, reproduce, display, adapt, crop, compress, convert, translate, reference, index, moderate, analyze, distribute and make available User Content, in whole or in part, in connection with the operation, improvement, security, moderation, presentation and reasonable promotion of the Service.
This license allows content to be displayed on profile pages, feeds, groups, clubs, spots, species, regions, guides, maps, search results, recommendations, notifications and other Scubbl features.
Where content is published in a public area of the Service, the User authorizes Scubbl to use it, reasonably and proportionately, to present or promote Scubbl on its communication media, including its website, presentation pages, social networks, institutional communications, demonstration materials or commercial presentations, subject to respect for the User’s rights, the rights of identifiable persons and legitimate withdrawal requests.
For content used for external communication, Scubbl gives preference to generic content related to diving, spots, marine wildlife, landscapes, equipment or community experience, and avoids using content centered on identifiable persons.
Scubbl does not use private, intimate, family, person-centered or privacy-sensitive photos or videos for external communication without specific agreement or an explicit request from the User concerned.
Content published in private areas, in particular private groups, is not used by Scubbl for external communication without specific agreement.
The User may request removal of content used by Scubbl for external communication by contacting Scubbl at contact@scubbl.com. Scubbl will review the request within a reasonable time.
Deletion of content or an Account ends display of the content in the Service where technically possible, subject to cases where certain data may be retained, anonymized or archived in accordance with these Terms, the Privacy Policy and applicable legal obligations.
The User’s moral rights, where applicable, remain reserved in accordance with applicable law.
13. Comments, suggestions and user feedback
The User may send Scubbl ideas, suggestions, comments, improvement requests, bug reports or proposals relating to the Service.
Unless otherwise agreed in writing, this feedback may be freely used by Scubbl to correct, improve, develop, modify or promote the Service, without any obligation of remuneration, confidentiality or implementation.
The User undertakes not to send Scubbl any confidential, protected or third-party proposal unless they have the necessary rights to do so.
This clause does not constitute a forced assignment of rights in a protected work that would be distinct from a mere idea, suggestion or general feedback.
14. Community contributions and complimentary benefits
Scubbl relies partly on community data relating in particular to spots, species, observations, diving conditions, practical information, regions, guides and associated content.
Users may propose corrections, additions, votes, validations, reports or changes concerning certain spots, species, observations, conditions, guides or associated content. These contributions may be subject to community voting, moderation, administrative validation, automatic checks or any other control process implemented by Scubbl.
Scubbl may refuse, modify, merge, correct, delist, suspend, anonymize or delete any contribution where necessary to preserve the quality, safety, consistency, reliability, readability, integrity, third-party rights or legality of the Service.
Community contributions do not confer any acquired right to their maintenance, display, validation, permanent attribution, remuneration, visibility or benefit.
Scubbl may occasionally grant non-monetary benefits, complimentary access, free periods, subscription extensions or temporary Premium features to Users, Clubs or Professionals who usefully contribute to the Service, participate in its improvement, propose content, report errors, test certain features or contribute to its promotion.
These benefits are personal, non-transferable, non-assignable, non-exchangeable, non-refundable and create no automatic right to renewal, maintenance, remuneration, financial compensation or similar benefit.
Where the benefit is granted in return for a specific contribution, the essential terms of the exchange may be specified in writing, including by email or message. Scubbl may suspend or withdraw the benefit if the agreed contribution is not made, or if it is fraudulent, manifestly insufficient, unlawful or contrary to these Terms.
Where the benefit is connected with public communication, the beneficiary undertakes to comply with applicable commercial transparency rules. They must clearly disclose the existence of the partnership, complimentary benefit or collaboration in any relevant public communication, for example by using a clear mention such as “partnership”, “commercial collaboration”, “complimentary access” or any equivalent wording appropriate to the context.
Some contributions may be retained in anonymized or aggregated form after deletion of an Account where useful for the collective operation of the Service, the consistency of community data or the safety of the community.
15. Visibility, privacy and social interactions
Unless otherwise indicated in the Service, certain User Content may be public or visible to other Users, including profile information, posts, comments, observations, community contributions, content related to spots, species, clubs, regions, guides or public groups.
Certain areas or features may offer specific visibility settings, including private groups, privacy settings, account options or settings specific to certain publications.
The User is responsible for the level of visibility they choose for their content. They must exercise caution before publishing personal information, an image, a location, an activity or any content likely to reveal sensitive information about themselves or a third party, including their position, habits, frequented places, schedules, movements or recurring activities.
Content published in private areas is not intended to be visible to all Users. However, Scubbl may access or intervene in such areas where necessary, in particular in case of a report, legal obligation, security risk, technical check, authority request or breach of the Terms.
The effective confidentiality of content may also depend on the behavior of other Users who have access to that content. Scubbl cannot guarantee that content viewed by a third party will never be copied, captured, shared or used outside the Service.
The User undertakes not to use social features to harass, intimidate, monitor, abusively contact, manipulate, threaten, discriminate against, defraud or harm other Users.
Blocking a User or visibility settings may limit certain interactions, without guaranteeing total absence of indirect exposure to content, including through screenshots, shares or interactions by other Users.
16. Clubs and professionals
Clubs and Professionals may publish or display information such as their name, address, opening hours, telephone number, social media links, images, posts, presentation content or information relating to their services.
Clubs and Professionals are solely responsible for the accuracy, lawfulness, updating and availability of the information they publish or transmit to Scubbl.
Unless expressly stated otherwise, Scubbl does not systematically verify the existence, certifications, diplomas, administrative authorizations, insurance, accreditations, professional guarantees, operating conditions or services of referenced Clubs and Professionals.
The presence of a Club or Professional on Scubbl does not constitute a recommendation, certification, official validation, quality guarantee, safety guarantee or approval by Scubbl.
Scubbl is not a party to relationships, exchanges, services, outings, training, bookings, payments, contracts or disputes that may arise between a User and a Club or Professional, unless expressly stated otherwise.
If a person uses Scubbl on behalf of a Club or Professional, they represent that they have the necessary rights to represent that Organization, publish content on its behalf and manage associated information.
17. Geolocation, maps and proximity data
Scubbl may offer mapping, geolocation, nearby search, display of spots, clubs, observations, regions, routes, maps or local content features.
The User acknowledges that location data, GPS coordinates, area boundaries, distances, travel times, maps, nearby information, points of interest and local conditions may be approximate, incomplete, outdated, incorrectly positioned or affected by technical errors.
The User is responsible for their use of this information and must verify locally any important element before an activity, trip, dive or decision.
The User must also take account of risks linked to sharing their location or activities, in particular when publishing public content, observations, photos, comments, activities or information allowing others to infer their position, habits or frequented places.
The terms governing processing of location data are specified in the Privacy Policy. Where real-time or precise geolocation is based on device permission, the User can generally withdraw it from the settings of their device or the application.
18. Automated features, recommendations and assisted content
Scubbl may offer rankings, recommendations, suggestions, translations, enrichments, assisted content, notifications, highlights, tags, summaries or automated processing.
These features may take account of different criteria, including geographic proximity, popularity, recent activity, community interactions, data availability, language, User settings, moderation rules, technical constraints or automated processing.
Scubbl may use assistance, automation or artificial intelligence tools to improve, translate, moderate, structure, enrich, rank or present certain Service content.
These tools may produce inaccurate, incomplete, outdated, biased or unsuitable results. The User must exercise judgment before relying on any recommendation, translation, ranking, description, suggestion, tag, notification or automated content, especially where a decision may affect their safety, activity, travel or relationships with third parties.
Scubbl does not guarantee permanent, priority or equivalent visibility of all content, Users, Clubs, spots, species, regions or publications.
Where required by regulation, Scubbl endeavors to inform the User of the existence of significant automated processing and of the available means to request review or human intervention.
Where Scubbl uses automated or artificial intelligence tools to generate, translate, structure or enrich content, such content may be reviewed, corrected, reported or modified according to applicable moderation rules. The User must not consider such content to be certified, exhaustive or adapted to a safety situation.
19. Advertising, partners and commercial visibility
Scubbl may display advertising, commercial content, sponsored content, Club listings, partners, highlights or recommendations in the Service.
Users with a Premium subscription may benefit from an experience without certain standard advertisements, under the conditions provided in the User Terms of Sale. This subscription does not necessarily remove content integrated into Scubbl’s normal operation, including Club listings, partners, referenced professionals or organization recommendations.
Subscribed Clubs and Professionals may benefit from visibility in the application, including on the map, near certain spots, in certain regions, in certain guides or among nearby Users.
Unless otherwise indicated, subscribed Clubs are presented according to visibility rules defined by Scubbl. Certain partners may receive specific promotion, in which case that promotion is indicated where necessary for the User’s information.
The ranking or display order of certain Clubs, content, spots, regions, posts, partners or recommendations may be based on technical, geographic, random, editorial, commercial, community or safety criteria.
The presence of advertising, a partner, a Club or a Professional in Scubbl does not necessarily constitute a recommendation, certification or guarantee by Scubbl.
Where Scubbl displays sponsored content, a partnership, commercial highlight or recommendation influenced by a commercial relationship, Scubbl endeavors to present it in an identifiable and understandable manner for the User where required by applicable regulations.
20. Links, platforms and third-party services
Scubbl may contain links to third-party websites, platforms or services, including club websites, social networks, Wikipedia pages, app stores, mapping services, weather services, payment services or other external sources.
These links are provided for information or convenience. Scubbl has no control over third-party websites, platforms and services and cannot be responsible for their content, accuracy, availability, security, terms of use, commercial practices or personal data practices.
Access to a third-party website, platform or service is under the User’s sole responsibility.
Where the User interacts with a third party, purchases a third-party product or service, books a service with a Club or Professional, follows an external link or uses a third-party platform, the relevant relationship is entered into directly between the User and that third party, unless expressly stated otherwise.
21. Moderation, reporting and point of contact
Scubbl provides reporting features directly integrated into the Service where technically available. Content published or proposed by other Users may in particular be reported from the application using a report button or option, where that feature is available for the relevant content.
Reports may relate in particular to posts, images, comments, logbook content, observations, contributions on spots or species, group content, Club information, profiles or any other User Content.
The report form may allow the User to specify the content concerned, the reason for the report, additional information and, where useful, any element allowing Scubbl to examine the situation.
Content published or proposed by other Users may also be reported at contact@scubbl.com. This address also constitutes a general point of contact for requests relating to content, moderation, Service security or obligations applicable to digital platforms.
To facilitate examination of a report, it should, as far as possible, specify: the identity or contact details of the requester, the content concerned, its exact location in the Service, the reason for the report, the rights or rules invoked, available supporting evidence and any information enabling Scubbl to clearly identify the disputed content.
Scubbl may review received reports, use internal processing tools, carry out manual or automated checks, request additional information and take any appropriate measure, without any general obligation to monitor all content in advance.
In case of manifestly unlawful content, breach of these Terms, abusive behavior, risk to the community, legitimate request from a third party or authority, security risk or infringement of third-party rights, Scubbl may in particular delete, hide, limit, block or delist content; refuse, modify or cancel a community contribution; limit certain Account features; temporarily suspend an Account; permanently delete an Account; remove or limit the visibility of a Club or Professional; disable certain content, links, images, comments or interactions; or take any reasonably necessary measure to preserve the security, quality, trust or legality of the Service.
A User affected by a moderation measure may contact Scubbl at contact@scubbl.com to request review of the decision. The request must clearly describe the challenged decision, the content or Account concerned and any useful elements for review.
Scubbl will review re-examination requests within a reasonable time, without guaranteeing restoration of the relevant content, visibility or Account where the applicable conditions are not met.
Where required by applicable regulation, Scubbl may inform the affected User of the main reasons for a moderation measure, except where impossible, where there is a security risk, contrary legal obligation, risk of circumvention or infringement of third-party rights.
Manifestly abusive, fraudulent, repeated, malicious or purpose-diverted reports may result in restriction, suspension or Account deletion measures.
The existence of a reporting system does not mean that Scubbl approves, validates or pre-monitors all User Content. Each User remains responsible for the content they publish and the behavior they adopt in the Service.
22. Infringements of third-party rights
If a User or third party believes that content accessible on Scubbl infringes their rights, including copyright, trademark, image right, personal data, privacy or any other protected right, they may use the available reporting features or contact Scubbl at contact@scubbl.com.
The request should, as far as possible, specify the requester’s identity and contact details, the content concerned, the location of the content in the Service, the right invoked, the reasons for the request and useful supporting evidence allowing Scubbl to assess the request.
Scubbl may request additional information where the request is incomplete, ambiguous or does not sufficiently identify the content concerned or the rights invoked.
Scubbl reserves the right to remove, hide, limit, maintain or restore content based on the information provided, the rights involved, applicable legal obligations and the Service’s moderation rules.
The User who originated disputed content may be required to indemnify Scubbl against the consequences of a justified claim where the damage results from content they published in breach of these Terms, without such indemnity excluding Scubbl’s own liability where it cannot lawfully be limited.
23. Scubbl intellectual property
Scubbl, its trademark, logo, interface, design, texts, editorial content, guides, courses, databases, graphic elements, architecture, features, code, illustrations, systems, rankings and, more generally, all elements making up the Service are protected by intellectual property and database rules.
Subject to compliance with these Terms, Scubbl grants the User a personal, limited, non-exclusive, non-transferable, non-assignable and revocable right to access and use the Service in accordance with these Terms.
Unless prior written authorization is granted, the User must not reproduce, represent, modify, adapt, translate, extract, copy, distribute, sell, rent, exploit, disassemble, reverse-engineer or reuse all or part of the Service, its content, databases, interfaces or technical elements.
Any extraction, massive reuse, scraping, automated copying, unauthorized indexing, unauthorized commercial exploitation or attempt to access Scubbl’s source code, systems, databases or internal interfaces is prohibited, unless expressly authorized or where a mandatory legal exception applies.
These Terms grant the User no ownership right over Scubbl, its trademark, logo, content, databases, interface, technologies or technical elements.
24. Personal data, cookies and processors
Use of Scubbl involves processing certain personal data, in particular for Account creation, authentication, security, community features, content publication, location, subscriptions, advertising, moderation, reports, support and improvement of the Service.
Scubbl generally acts as controller for processing operations it determines itself, including Account management, Service security, subscriptions, support, moderation, report management, internal statistics, audience measurement, Service personalization and preference management.
The main legal bases that may 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, in particular for certain trackers, commercial communications or optional processing.
The conditions for collecting, using, retaining, sharing, transferring, securing and protecting personal data are detailed in the Privacy Policy. That policy specifies in particular the categories of data processed, purposes, legal bases, retention periods, recipients, possible transfers outside the European Union, security measures and rights of data subjects.
The rules applicable to cookies, trackers, advertising identifiers, audience measurement, consent preferences and similar technologies are detailed in the Cookies and Trackers Policy.
Scubbl may use technical providers, hosting providers, payment services, analytics tools, notification services, storage services, security services, distribution platforms or other providers necessary for the operation of the Service. Where these providers process personal data on Scubbl’s behalf, Scubbl ensures that such processing is governed by appropriate contractual commitments regarding confidentiality, security, assistance, purpose limitation and data protection.
The User may exercise the rights applicable to their personal data under the conditions provided in 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, in particular the CNIL where French regulation applies.
25. Security, availability and maintenance
Scubbl implements reasonable technical and organizational measures intended to protect the Service, Accounts, data, content and infrastructure against unauthorized access, loss, alteration, destruction, abuse or misuse.
The User acknowledges that no digital system can guarantee absolute security. The User is responsible for the security of their device, operating system, credentials, email address, Apple or Google account and internet connection.
Scubbl endeavors to ensure proper operation and accessibility of the Service. However, Scubbl is bound by a best-efforts obligation and does not guarantee permanent, continuous, secure, error-free, uninterrupted availability, no loss of data, or compatibility with all devices, systems, countries, networks or configurations.
The Service may be interrupted, suspended, limited, modified or made temporarily unavailable in case of maintenance, update, breakdown, technical incident, security constraint, cyberattack, regulatory change, feature removal, dependence on a third-party service, platform unavailability, force majeure or event reasonably beyond Scubbl’s control.
Scubbl may modify, add, suspend or remove certain features at any time, without giving rise to compensation, subject to any rights the User may have under an ongoing paid service and the applicable contractual documents.
Scubbl may deploy updates necessary to maintain the security, compliance, compatibility or proper operation of the Service.
26. Account deletion and fate of content
The User may deactivate or delete their Account under the conditions provided in the Service and on the dedicated Account Deletion page.
For security reasons, certain requests may require verification to confirm that the requester is indeed the holder of the relevant Account.
In case of Account deletion, certain content may be deleted, made inaccessible or anonymized depending on its nature, context and applicable technical or legal constraints.
Personal posts, photos, comments and logbook data are intended to be deleted or anonymized under the conditions provided in the Privacy Policy. Certain community contributions useful to the collective operation of the Service, including species observations, weather information, contributions on spots or species or aggregated data, may be retained in anonymized form or dissociated from the Account in order to preserve the consistency, safety and quality of the community database.
Likes, votes, reports, technical data, security traces or elements associated with the Account may be deleted, temporarily retained or anonymized where retention is necessary for legal, security, evidentiary, abuse prevention, Service protection or compliance reasons.
Deleting an Account does not automatically cancel a subscription made via the Apple App Store, Google Play, Stripe or a third-party platform.
27. Liability
The User is solely responsible for their use of Scubbl, the content they publish, the information they transmit, the interactions they initiate, the relationships they establish with other Users, Clubs or Professionals, and the decisions they make based on information available in the Service.
Scubbl does not guarantee that information published in the Service is accurate, complete, up to date, available, reliable, verified or adapted to a particular situation, in particular where it comes from community contributions, Clubs, Professionals, external sources, automated processing or other Users.
Scubbl cannot be held liable for User Content, behavior of other Users, information provided by Clubs or Professionals, services offered by third parties, decisions made on the basis of the Service, or the consequences of using inaccurate, incomplete or outdated information, except where the law imposes Scubbl’s own liability.
To the fullest extent permitted by applicable law, Scubbl shall not be liable for indirect damages, loss of opportunity, loss of data, operating losses, reputational harm, disputes between Users, disputes with third parties, accidents, incidents, injuries or material damage resulting from inappropriate use of the Service, outdoor activity, a User decision or an event reasonably beyond Scubbl’s control, except where Scubbl’s liability cannot legally be excluded or limited.
Where Scubbl’s liability is incurred, it may relate only to direct, certain and foreseeable damage resulting from a proven breach by Scubbl of its obligations, subject to mandatory consumer rights and rules that cannot legally be excluded or limited.
Nothing in these Terms 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 applicable mandatory rights.
28. Force majeure
Scubbl shall not be liable for non-performance or delay in performance of its obligations where such non-performance or delay results from an event of force majeure under French law or, more broadly, an event reasonably beyond its control.
Depending on the circumstances, such events may include natural disasters, fire, flooding, pandemic, war, riot, terrorist act, external strike, major network outage, unavailability of an essential supplier, incident affecting an app store, hosting provider failure, cyberattack, administrative decision, legal or regulatory change, energy interruption or major technical event independent of Scubbl.
For the duration of the event, affected obligations are suspended to the extent of the impediment. Scubbl will endeavor to restore the Service under reasonable conditions.
29. Evidence and electronic communications
The User accepts that electronic communications, validations, consents, technical logs, connection history, security traces, timestamps, platform confirmations, support exchanges and records kept by Scubbl may be used as evidence, subject to applicable rules of evidence and the User’s ability to provide contrary proof.
Communications 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, security, contractual changes, moderation decisions or paid services.
30. Changes to the Terms and version history
Scubbl may modify these Terms to take account of changes to the Service, regulations, features, offers, moderation practices, technical constraints, security requirements or operational needs.
The applicable version is the version in force at the time of use of the Service, subject to mandatory applicable rights and, for ongoing paid services, the specific rules provided in the relevant Terms of Sale.
In the event of a material change, Scubbl may inform the User by any appropriate means, including in the application, by email, notification, banner or upon a new login. The User may be invited to accept the new version of the Terms in order to continue using all or part of the Service.
Where the change substantially affects the User’s rights or obligations, Scubbl endeavors to provide a reasonable period before it takes effect, except in case of urgency linked to security, law, an authority decision, a risk to Users or a major technical necessity.
If the User refuses the new Terms, they must stop using the Service and may request deletion of their Account under the conditions provided by Scubbl. Where the User has a paid subscription, the effects of a refusal are handled according to the applicable Terms of Sale and the rules of the relevant payment Platform.
Scubbl may keep a history of versions of the Terms as well as proof of their acceptance. The latest applicable version is the one accessible from the Service.
31. Language, applicable law and disputes
These Terms are drafted in French. They may be translated into other languages to facilitate understanding. In case of contradiction, ambiguity or difference of interpretation between the French version and a translated version, the French version prevails, subject to applicable mandatory rights.
These Terms are governed by French law, subject to mandatory provisions that may apply to the User because of 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 shall be submitted to the competent courts in accordance with applicable rules of law.
32. Contact
For any question relating to these Terms, the Service, content, a report, a moderation decision, security or the exercise of a right related to the Account, the User may contact Scubbl at the following address: