DiveOpsHub Terms of Service (SaaS)

Provider: IJsselmuiden Management B.V., trading under the name DiveOpsHub (“DiveOpsHub”), established at Noorder Leidsevaart 1, 2182 NA Hillegom. Contact: info@diveopshub.com · privacy: privacy@diveopshub.com · support: via the service requests in the Service · website: https://diveopshub.com

Version: 2026-10-14

Article 1 — Definitions

1.1 DiveOpsHub / we: the provider named above.

1.2 Customer / you: the business (dive school, dive centre or other dive-related company) that enters into an agreement with DiveOpsHub. These terms are aimed at business customers; DiveOpsHub does not enter into agreements with consumers.

1.3 Service: the online software (Software-as-a-Service) DiveOpsHub, including its modules, customer portal, apps and support, which DiveOpsHub makes available over the internet.

1.4 Modules: separately activatable parts of the Service, including customer administration, point of sale and invoicing, rental, fill cards, punch cards, gift vouchers, courses and course tracking system, workshop (service and inspection), forms and digital signing, documentation library, price comparison, newsletter, web shop, online enrolment via the Customer's website and integrations with third-party services.

1.5 Account: the access to the Service created by the Customer, including the Customer's own, separated environment.

1.6 Users: the employees and other persons to whom the Customer grants access to the Service.

1.7 End Customers: the customers, students and other persons whose data the Customer processes in the Service, including those who enter data themselves via the customer portal or the enrolment page.

1.8 Trial period: the period during which the Customer may use the Service free of charge (Article 4).

1.9 Customer data: all data that the Customer, its Users or its End Customers enter into or have processed in the Service.

1.10 Agreement: the agreement between DiveOpsHub and the Customer for the use of the Service, of which these terms and the Data Processing Agreement form part.

Article 2 — Applicability

2.1 These terms apply to all offers, agreements and deliveries by DiveOpsHub relating to the Service.

2.2 Deviations apply only if agreed in writing.

2.3 The Customer's purchasing or other terms do not apply.

2.4 DiveOpsHub may amend these terms in accordance with Article 16.

Article 3 — Account and registration

3.1 The Customer creates an Account via the registration page and in doing so accepts these terms and the Data Processing Agreement. DiveOpsHub records which version was accepted, when, by whom and from which IP address.

3.2 DiveOpsHub may review a registration before the environment is activated, and may refuse a registration without stating reasons.

3.3 The Customer warrants the accuracy of the data provided and keeps it up to date.

3.4 The Customer is responsible for keeping login credentials confidential and for all use via its Account. The Customer appoints an owner who manages Users, roles and permissions.

3.5 The Customer reports misuse or unauthorised access as soon as possible via a service request in the Service or to info@diveopshub.com.

Article 4 — Trial period

4.1 A new Customer may try out the Service free of charge and without obligation for 30 days, unless stated otherwise.

4.2 During the Trial period (virtually) all modules may be available.

4.3 The Trial period converts into a paid subscription only if the Customer chooses to do so and sets up a valid payment method or mandate. Without activation, access is suspended after the trial ends; Article 18 then applies to the data.

4.4 DiveOpsHub may refuse, shorten or withdraw the Trial period in the event of (suspected) misuse.

Article 5 — Subscription, term and cancellation

5.1 The subscription comes into effect as soon as the Customer activates a paid plan.

5.2 Unless agreed otherwise, the subscription runs per month and is each time tacitly renewed for one month.

5.3 Cancellation is possible as of the end of the current term, observing a notice period of one month, via a service request in the Service. Amounts paid are not refunded, save mandatory law.

5.4 Cancellation does not affect payment obligations for elapsed and current terms.

Article 6 — Prices and payment

6.1 Current prices are stated on diveopshub.com or when the subscription is entered into. Prices are in euros and exclusive of VAT, unless stated otherwise.

6.2 The price may depend on the modules taken and/or the number of Users or locations.

6.3 The subscription is paid via the payment service provider Mollie B.V. (Amsterdam), including via iDEAL and automatic SEPA direct debit based on a mandate issued by the Customer.

6.4 The Customer ensures sufficient balance and a valid mandate. In the event of a failed or reversed direct debit, DiveOpsHub may re-present the payment and charge reasonable costs.

6.5 In the event of late payment the Customer is in default by operation of law. DiveOpsHub may then suspend access (Article 17) and charge the statutory commercial interest and reasonable collection costs.

6.6 DiveOpsHub may index prices annually and otherwise amend them in accordance with Article 16.

Article 7 — Right of use

7.1 For the term of the Agreement, DiveOpsHub grants the Customer a non-exclusive, non-transferable right to use the Service for its own business operations, for the activated modules.

7.2 The Customer may not have the Service used outside its own organisation, nor sell, rent out, replicate or decompile it or circumvent security measures, save mandatory law. The customer portal and the enrolment page are intended for the Customer's End Customers.

Article 8 — Obligations of the Customer

8.1 The Customer uses the Service with care and in accordance with the Agreement and the law, including the GDPR.

8.2 The Customer is responsible for the accuracy and lawfulness of the Customer data, for the legal basis on which it processes personal data of End Customers, and for the information it provides to its End Customers about this.

8.3 Additional statutory requirements apply to health data (such as medical questionnaires and fitness declarations) and copies of identity documents. The Customer processes these only if it has a valid legal basis for doing so, limits this to what is necessary, and masks the citizen service number (BSN) on a copy of an identity document.

8.4 If the Customer offers consumers the option of enrolling via its website (the enrolment page of the Service), the Customer is the seller and is responsible for the statutory information to the consumer and for the right of withdrawal in the case of a distance contract. The DiveOpsHub Model Terms contain a sample provision for this.

8.5 The Customer configures the roles and permissions of its Users so that they only have access to what they need for their work, in particular to medical data.

8.6 The Customer indemnifies DiveOpsHub against third-party claims relating to the Customer data or to use of the Service in breach of the Agreement or the law.

8.7 The Customer refrains from acts that may harm the Service or other customers (such as overloading, malware or unlawful content).

Article 9 — E-mail and messages on behalf of the Customer

9.1 The Service sends e-mail on behalf of the Customer, such as login links, rental receipts, service reports, invitations to sign forms, confirmations and newsletters. This is done via the e-mail service of DiveOpsHub (see the Data Processing Agreement, Annex 3), under the Customer's name and with the Customer's e-mail address as the reply-to address.

9.2 The Customer is responsible for the content of its messages and for the required consent for newsletters and other commercial messages.

9.3 The content of sent e-mails is deleted three months after sending; the fact that a message was sent (date, recipient, subject) is retained for as long as the Account exists.

Article 10 — Forms and digital signing

10.1 The Service makes forms available, including forms of diver training organisations, which End Customers can complete and sign digitally. Upon signing, DiveOpsHub records who signed, when and from which device/IP address, and stores the signed document as a PDF.

10.2 DiveOpsHub warrants that it is permitted to use the forms of training organisations in the Service. The Customer remains responsible for choosing the correct form for its situation and for complying with the standards of its training organisation.

10.3 DiveOpsHub does not guarantee that a digitally signed form has the same evidential value in every situation as a form signed on paper.

10.4 The Service does not assess medical fitness. A medical questionnaire in the Service does not replace the judgement of a physician; the decision whether someone may dive lies with the Customer and, where required, with a physician.

Article 11 — Integrations with third-party services

11.1 The Customer may connect the Service to third-party services, such as an accounting package (Moneybird), Google Drive (document import) or a previous point-of-sale system. The Customer itself enters into an agreement with that third party for this purpose.

11.2 With an integration, the Service sends data to that third party on the Customer's instructions. DiveOpsHub is not responsible for the service or the data processing of that third party. DiveOpsHub stores the Customer's access keys for those services in encrypted form.

11.3 An integration may stop working if the third party changes its service; DiveOpsHub will endeavour to restore it, but does not guarantee the availability of integrations.

Article 12 — Availability, back-ups, maintenance and support

12.1 DiveOpsHub endeavours to make the Service available with care and as uninterruptedly as possible, but does not guarantee uninterrupted availability, unless a separate SLA has been agreed.

12.2 DiveOpsHub makes a daily back-up of all Customer data, on the server and at an external location. In the event of a failure, DiveOpsHub restores the data as well as possible from the latest back-up; data entered after the latest back-up may then be lost.

12.3 DiveOpsHub may temporarily take the Service out of operation for maintenance, updates or security, as far as possible outside office hours, and announces major interruptions in advance.

12.4 DiveOpsHub continues to develop the Service and may add, change or remove functionality. Material restrictions of existing functionality are announced in advance.

12.5 Support is provided exclusively via the service requests in the Service, on working days from 9:00 to 17:00. DiveOpsHub responds to a service request within two working days; resolving it may take longer.

12.6 In order to investigate failures and to manage and develop the Service, DiveOpsHub may — in compliance with the Data Processing Agreement — have access to Customer data. In doing so DiveOpsHub also uses third-party tools, including an AI assistant; these are listed as sub-processors in the Data Processing Agreement, together with the measures that apply to them.

Article 13 — Data and privacy

13.1 For the personal data that DiveOpsHub processes on behalf of the Customer when providing the Service, the Customer is the controller and DiveOpsHub the processor. The parties enter into the Data Processing Agreement for this purpose, which forms part of the Agreement.

13.2 For the data of the Customer itself as a customer of DiveOpsHub (account, subscription, invoicing, support), DiveOpsHub is the controller; the DiveOpsHub Privacy Statement applies to this.

13.3 DiveOpsHub does not use Customer data for its own purposes and does not sell it. DiveOpsHub may use anonymised and aggregated data about the use of the Service to improve the Service.

Article 14 — Intellectual property

14.1 All intellectual property rights in the Service, the software, documentation and the DiveOpsHub brand are vested in DiveOpsHub or its licensors. The Customer only obtains the rights of use set out in these terms.

14.2 Forms of training organisations remain the property of those organisations.

14.3 Customer data remains the property of the Customer or the data subjects, as the case may be. The Customer grants DiveOpsHub the right to process it to the extent necessary to provide the Service.

14.4 DiveOpsHub may freely use suggestions and feedback from the Customer to improve the Service.

Article 15 — Liability

15.1 The total liability of DiveOpsHub is limited to compensation for direct damage, up to at most the amount the Customer paid for the Service in the 12 months preceding the event causing the damage, with a maximum of € 5,000 per event and per year.

15.2 Liability for indirect damage — including consequential damage, lost profits, missed savings, loss of data and business interruption — is excluded.

15.3 DiveOpsHub is not liable for damage resulting from the Customer not using or incorrectly using the Service, for decisions the Customer takes on the basis of data in the Service (such as an assessment of medical fitness or an inspection), or for the third-party services to which the Customer connects the Service.

15.4 The limitations do not apply in the event of intent or deliberate recklessness on the part of the management of DiveOpsHub, or to the extent that mandatory law provides otherwise.

15.5 A right to compensation only arises if the Customer reports the damage in writing as soon as possible, and at the latest within 30 days of discovery.

15.6 The Customer itself makes exports of Customer data to the extent desirable for its business operations, without prejudice to the back-ups made by DiveOpsHub.

Article 16 — Amendment of terms and Service

16.1 DiveOpsHub may amend these terms and the Service. Material changes are announced at least 30 days in advance by e-mail and in the Service. In the case of a new version of these terms or the Data Processing Agreement, DiveOpsHub asks the Customer to accept it at the next login.

16.2 If the Customer does not agree to a material change to its detriment, it may terminate the Agreement as of the date on which the change takes effect.

16.3 Continued use after the change takes effect counts as acceptance.

Article 17 — Force majeure, suspension and termination

17.1 DiveOpsHub is not obliged to perform in the event of force majeure, including failures at suppliers, hosting or internet outages, cyber attacks, power failures and government measures. If the force majeure lasts longer than 60 days, either party may terminate the Agreement in writing, without liability on either side.

17.2 DiveOpsHub may suspend access in whole or in part in the event of non-payment, (suspected) misuse or a material breach by the Customer, after — where reasonable — a notice of default.

17.3 Either party may terminate the Agreement with immediate effect in the event of bankruptcy, suspension of payments or cessation of the business of the other party.

17.4 Termination does not affect claims that have become due.

Article 18 — Consequences of termination

18.1 At the end of the Agreement the right of use lapses and access to the Service is terminated.

18.2 The Customer may request an export of the Customer data up to 30 days after the end. DiveOpsHub provides this in a common file format; reasonable costs may be charged for this.

18.3 After the Customer's environment has been deleted, DiveOpsHub retains the files and a complete copy of the database for a further three calendar months (so that a mistake can be corrected), and deletes them thereafter. Copies in back-ups disappear no later than 60 days later, when those back-ups expire. Statutory retention obligations remain unaffected.

Article 19 — Confidentiality

19.1 The parties keep confidential information they receive from each other secret and use it only for the performance of the Agreement.

19.2 This does not apply to information that is generally known or that must be disclosed by law or by a court decision.

Article 20 — Miscellaneous

20.1 DiveOpsHub may transfer rights and obligations under the Agreement to a third party in the event of a takeover or reorganisation; the Customer will be informed of this.

20.2 If a provision is null and void or voidable, the remaining provisions remain in force and the parties will consult on a replacement provision.

20.3 DiveOpsHub may use the Customer's name and logo as a reference, unless the Customer objects.

Article 21 — Applicable law and disputes

21.1 The Agreement is governed by Dutch law.

21.2 Disputes are submitted to the District Court of North Holland (Rechtbank Noord-Holland), Haarlem location, unless mandatory law provides otherwise.