Version 1.2
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE APP.
By selecting "I Agree", you confirm that you accept and agree to be bound by this End-User Licence Agreement. If you do not agree, select "I Disagree" and do not use the App.
1. Who we are and what this agreement does
This Agreement is between you and Emerson Warwick Limited. It governs your use of the Diving Assist mobile application software, any data supplied with it, and any updates or supplements (the App). The App is a specialist coaching support tool designed to assist with video-based feedback for the sport of Diving.
2. Responsibility for video recording
The App allows users to record video directly onto their own device. You agree that: You are solely responsible for obtaining all necessary permissions and consents to record any individual. When recording minors (under 18), only a parent, legal guardian, or responsible qualified coach acting within an established safeguarding policy may do so. The App does not upload, transmit, monitor, or store video files on external servers. All recordings remain on the user's device. Any sharing, export, or publication of recordings is entirely the responsibility of the user. Emerson Warwick Limited has no control over, and accepts no responsibility for, how video files are handled outside the App. You must ensure that all recording complies with applicable privacy, consent, safeguarding, and data-protection laws.
3. Safeguarding and authorisation
Safeguarding of minors is a legal and ethical priority. By using the App to record any individual under the age of 18, you represent and warrant that: you are the individual's parent or legal guardian, or you are a qualified coach, teacher, or responsible adult acting within an established safeguarding policy, and you have obtained all required consents and authorisations prior to recording. You must not use the App to record minors in any circumstances where you are not lawfully authorised to do so.
4. Personal data and privacy
The App processes only limited technical data necessary for functionality. Temporary processing may occur when recording or reviewing video. Temporary files are deleted as soon as practicable or on restart of the App. The App is intentionally designed not to store personal identifiable information long term. We act as a data controller only for technical data processed within the App. Further information is provided in our Privacy Policy.
5. No accounts
The App does not require or provide user accounts with Emerson Warwick Limited.
6. Fees and access
The App is currently provided without any subscription, recurring fees, or in-app purchases. We do not provide paid services or premium access at this time. We reserve the right to introduce paid features or subscriptions in the future, but you will not be charged without clear notice and your express consent.
7. Intellectual property rights and licence
All intellectual property rights in the App belong to Emerson Warwick Limited or our licensors. The App is licensed, not sold. Provided that you comply with this Agreement, we grant you a non-exclusive, non-transferable licence to use the App for lawful and responsible coaching-related activities only. You must not: rent, lease, sub-license, loan, or otherwise make the App available to any other person; copy, modify, translate, or attempt to reverse-engineer the App except where permitted by law; remove or alter any copyright notices or branding.
8. Intended users and use limitations
The App is intended solely for use by responsible and qualified diving coaches, and parents or legal guardians assisting with training. The App is not a general-purpose recording tool and must not be used for public recording, surveillance, or monitoring. The App does not replace professional judgement, training, or qualifications.
9. Safety and device handling
You must not hold or use any device running the App directly over water or in any unsafe position. You are responsible for safe handling of your device. We accept no responsibility for damage arising from unsafe or improper handling.
10. Restrictions on use
You must not use the App: for any unlawful purpose; to record any individual without clear permission; to record minors unless lawfully authorised and acting within safeguarding policy; in private, sensitive, or inappropriate locations (including changing rooms or showers); for covert recording, surveillance, or inappropriate monitoring; to harass, threaten, exploit, defame, or bully any person; to create, share, or distribute material that breaches privacy or data-protection rights; in a manner that infringes intellectual property rights; to damage, interfere with, or impair the App; to introduce malware or malicious code. Any misuse of the App may result in immediate termination of your rights and may be reported to relevant authorities.
11. Indemnity
You agree to indemnify and hold harmless Emerson Warwick Limited, its directors, and employees from any claims, liabilities, losses, damages, costs, or expenses arising from misuse of the App; unlawful or non-consensual video recording; breach of safeguarding, privacy, or data-protection laws; violation of this Agreement.
12. Limitation of liability
Nothing in this Agreement limits or excludes liability where it would be unlawful to do so. We are not responsible for business-related losses; events outside our reasonable control; damage resulting from unsafe device handling; outcomes relating to diver performance or development; misuse of video files created by users.
13. Automatic video editing functionality
The App includes an automatic video editing feature processed entirely on the user's device. Edited videos may fail to generate or contain errors. Emerson Warwick Limited is not responsible for the outcome of automated edits.
14. App availability and updates
We do not guarantee continuous availability or error-free operation. Updates may be provided and may be required to continue using the App.
15. Termination
We may suspend or terminate your rights to use the App if you breach this Agreement. Upon termination, you must stop using the App and delete it from your device.
16. App Store terms
Your use of the App may also be subject to the rules and policies of the App Store from which it was downloaded. Where there is a conflict, App Store terms may take precedence.
17. Changes to this Agreement
We may update this Agreement to reflect legal, technical, or functional changes.
18. Governing law
This Agreement is governed by English law. You may bring legal proceedings in the courts of your country of residence within the United Kingdom.