Terms of Use & End User License Agreement

Effective 8 July 2026

These Terms of Use and End User License Agreement (the "Agreement") are a binding contract between you ("you") and Emouna LLC ("Emouna," "we," "us"), a United States limited liability company (emouna.com.mx) and the publisher of the Oceanograph application and related software, watch app, and services (together, "Oceanograph" or the "App"). By downloading, installing, or using Oceanograph, you agree to this Agreement. If you do not agree, do not use the App. This Agreement is consistent with, and supplements, the Emouna LLC Terms & Conditions.

1. Eligibility & certified-diver acknowledgment

You must be of legal age in your jurisdiction to enter into this Agreement. Oceanograph is intended solely for use by certified divers. By using the diving features, you represent that you hold current certification from a recognized diver-training agency appropriate to the dives you undertake, and that you will dive only within the limits of your training and experience.

2. License

Subject to this Agreement, Emouna grants you a limited, non-exclusive, non-transferable, revocable license to use one copy of the App on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and Conditions. You may not copy, modify, reverse-engineer, distribute, sell, or sublicense the App except as expressly permitted by law. All rights not expressly granted are reserved.

3. Assumption of risk — diving is inherently dangerous

Scuba diving, freediving, and related activities are inherently dangerous and can result in serious injury or death, including from decompression sickness, arterial gas embolism, oxygen toxicity, nitrogen narcosis, barotrauma, hypothermia, equipment failure, and drowning. You understand and voluntarily assume all risks associated with diving and with your use of the App. No dive computer, algorithm, or application — including Oceanograph — can eliminate these risks.

4. Not a medical device; no medical advice

Oceanograph is not a medical device. It does not diagnose, treat, cure, monitor, or prevent any disease or condition, and it makes no medical claims. Nothing in the App — including its emergency-information and debrief features — constitutes medical advice. Consult a licensed physician regarding your fitness to dive. In an emergency, contact local emergency services and the Divers Alert Network immediately.

5. Decompression information is an estimate, not a guarantee

Oceanograph computes decompression information using published models (the Bühlmann ZH-L16C algorithm with gradient factors). Decompression models are statistical, not deterministic. Following the App's calculations, alarms, or plans does not ensure that you will avoid decompression sickness or any other injury. Individual susceptibility varies with factors the App cannot measure. You are solely responsible for diving conservatively and exercising independent judgment.

6. Operating limits & your responsibilities

7. Subscriptions & payments

Certain features ("Oceanograph Pro") are available as a one-time purchase or an auto-renewing subscription, sold and processed by Apple through in-app purchase. Payment is charged to your Apple Account at confirmation of purchase. Auto-renewing subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period; you can manage or cancel a subscription in your Apple Account settings. Prices are shown in the App. Emouna does not process or store your payment information. Refunds are handled by Apple in accordance with its policies.

8. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EMOUNA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. EMOUNA DOES NOT WARRANT THAT THE APP OR ITS CALCULATIONS, ALARMS, OR DATA WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE, OR THAT THEY WILL PREVENT INJURY.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EMOUNA LLC, ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, DEATH, DECOMPRESSION SICKNESS, LOSS OF DATA, OR LOSS OF PROFITS, ARISING OUT OF OR RELATING TO THE APP OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT LIABILITY CANNOT BE FULLY DISCLAIMED, EMOUNA'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR US $50. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in that case liability is limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Emouna LLC and its owners, members, officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the App, your diving activities, or your breach of this Agreement.

11. Intellectual property

Oceanograph, its software, design, and content are owned by Emouna LLC and protected by intellectual property laws. Except for the license granted above, no rights are transferred to you.

12. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into this Agreement by reference.

13. Changes; termination

We may update the App and this Agreement from time to time; material changes will be reflected by an updated effective date on this page, and your continued use constitutes acceptance. We may suspend or terminate your license if you breach this Agreement. Sections 3–11 and 14–16 survive termination.

14. Apple-specific terms

The following apply because you obtained the App through Apple's App Store:

  1. This Agreement is between you and Emouna LLC only, and not with Apple. Apple is not responsible for the App or its content.
  2. The license is limited to use on Apple-branded products you own or control and as permitted by the Apple Media Services Terms.
  3. Emouna, not Apple, is solely responsible for the App and for providing any maintenance and support. Apple has no obligation to furnish any maintenance or support.
  4. Emouna, not Apple, is solely responsible for any product warranties, whether express or implied. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
  5. Emouna, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your use of it, including product-liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection or similar legislation.
  6. Emouna, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App infringes that party's intellectual property rights.
  7. You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government list of prohibited or restricted parties.
  8. You must comply with applicable third-party terms of agreement when using the App.
  9. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

15. Governing law & dispute resolution

This Agreement is governed by the laws of the state in which Emouna LLC is organized, without regard to its conflict-of-laws rules, and by applicable U.S. federal law.

Informal resolution first. Before starting a formal proceeding, you agree to try to resolve any dispute informally by emailing jack@emouna.com.mx; both parties will make good-faith efforts to resolve it within 30 days.

If not resolved, any dispute arising out of or relating to this Agreement or the App will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, conducted in English by videoconference or at a mutually convenient location. You and Emouna waive any right to a jury trial and to participate in a class, collective, or representative action. Small-claims court and injunctive relief for intellectual-property or confidentiality matters remain available.

30-day opt-out. You may reject this arbitration agreement by emailing jack@emouna.com.mx within 30 days of first accepting this Agreement; doing so does not affect the other terms. If any part of this section is unenforceable, the remainder stays in effect.

16. General

If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force. This Agreement is the entire agreement between you and Emouna regarding the App and supersedes prior understandings. Our failure to enforce any right is not a waiver.

17. Contact

Emouna LLC (emouna.com.mx). Legal notices and dispute matters: jack@emouna.com.mx. App support: support@oceanograph.app. A postal address for legal notices is available on request.