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ALPHA/BETA TESTING & CONFIDENTIALITY AGREEMENT

Last Updated: 16th February, 2026.

We may update this Policy from time to time as we improve our current offerings and as technologies and laws change. You can determine when this Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes will become effective upon our posting of the revised Policy.


1. ELIGIBILITY & REPRESENTATIONS


By participating in this testing Program, you represent and warrant that:

  • Age Requirement: You are at least 18 years of age or older.
  • Diver Certification: You are a certified diver holding a valid certification of at least Open Water level (or equivalent) from a recognized agency (e.g., PADI, SSI, CMAS). Novice or non-certified divers are strictly prohibited from participating in this test.
  • Health: You are in good physical and mental health and fit for diving activities.
  • No conflict of Interest: You represent and warrant that you are not currently employed by, consulting for, or affiliated with any competitor of divePRO (e.g. manufacturers of dive computers, dive watches, or diving telemetry software).
  • Active Duty: You agree to actively use the test Product and respond to divePRO’s surveys, bug reports and feedback requests within a reasonable timeframe. Failure to participate actively constitutes grounds for immediate termination and return of the hardware. 

2. NATURE OF TEST PRODUCTS (UNTESTED & HIGH RISK)


You acknowledge and agree that the hardware/software provided to you ("Test Product") is a prototype:

  • Untested Nature: The Test Product has not yet been commercially released or fully tested in all conditions.
  • Risk of Failure: The Test Product may contain major bugs, errors, or defects and may fail catastrophically or stop working entirely without warning.
  • "As Is": divePRO provides the Test Product "AS IS" without any warranty. The standard Consumer Warranty does not apply.
  • Use at Own Risk: You agree to use the Test Product entirely at your own risk.
  • Automatic Expiration: You acknowledge that the Test Product may contain an automatic disablement mechanism or expiration feature that renders it non-functional after a certain date or period. You agree to update to the latest version immediately upon release.
  • No release guarantee: divePRO implies no guarantee that the Test Product will ever be commercially released. We reserve the right to abandon development at any time without notice.
  • Not a Medical Device: The Test Product and its algorithms (including heart rate, tissue saturation and decompression calculations) are for recreational/informational purposes only and constitute neither a medical device nor medical advice. You should not use the Test Product to diagnose, treat or monitor any health condition.
  • Risk of ‘Bricking’: You acknowledge that installing Test software/firmware may permanently damage the Test Product, rendering it inoperable (‘bricking’). divePRO is under no obligation to replace a bricked device or restore it to a working state.

3. DIVING SAFETY WARNING (CRITICAL)


WARNING: Due to the untested nature of the Test Product, it MUST NOT be relied upon as your primary source of safety information.

    • Mandatory Backup: You agree to ALWAYS carry a secondary, certified backup dive computer and/or dive tables and timing devices when using the Test Product.
    • Dive Limits: You agree not to use the Test Product for technical, decompression, cave, or deep diving beyond recreational limits unless explicitly authorized in writing by divePRO.
    • Situational awareness: You acknowledge that focusing on the Test Product’s display or interface may distract you from your surroundings. You agree to maintain constant situational awareness of your depth, dive buddy and obstacles.

4.  ASSUMPTION OF RISK


You strictly acknowledge that diving involves inherent risks of serious injury, paralysis, or death (e.g. decompression sickness, drowning). You voluntarily assume all risks associated with using an unproven Test Product during these activities.

5. CONFIDENTIALITY (NDA)


The Test Product is confidential. You agree NOT to:

  • ​Post photos, videos, screenshots, or reviews on social media (Instagram, Facebook, Reddit, etc.) or public forums.
  • ​Discuss the product features or bugs with anyone outside of the authorized divePRO testing team.
  • ​Show or lend the product to competitors or third parties.

6. NO REVERSE ENGINEERING


You agree not to disassemble, decompile, reverse engineer, or attempt to derive the source code or internal hardware design of the Test Product. You shall not attempt to unlock or bypass any encryption or security features.

7. OWNERSHIP & RETURN OF DEVICE


  • Hardware: Unless explicitly stated otherwise in writing, any hardware (masks, computers) provided to you remains the sole property of divePRO. You agree to return the hardware to divePRO immediately upon request or upon termination of the Test Program.
  • Feedback: Any feedback, bug reports, or suggestions you provide become the exclusive property of divePRO. You assign all rights to such feedback to divePRO without claim for compensation. You hereby waive any moral rights (or ‘droit moral’) you may have in such Feedback to the fullest extent permitted by law.
  • Feedback Warranty: You represent and warrant that any Feedback you provide is your original work and does not infringe upon the intellectual property rights of any third party.

Further Assurances: You agree to execute any further documents and take any further actions reasonably requested by divePRO to assist in validating, effectuating, maintaining, protecting and enforcing divePRO’s intellectual property rights and the assignment set forth herein.

8. NO EMPLOYMENT OR COMPENSATION


You acknowledge that your participation is voluntary and does not create an employment, agency, or partnership relationship with divePRO. Unless expressly agreed otherwise in writing, you are not entitled to any compensation, wages, or benefits for your testing activities.

9. DATA COLLECTION


  • Algorithms and AI Training: You acknowledge that the Test Product may contain diagnostic software that automatically collects and sends detailed crash reports, logs, telemetry and usage data to divePRO. You explicitly grant divePRO permission to use your anonymized dive data to train, improve and validate its algorithms and artificial intelligence models.
  • Data Wipe: You acknowledge that divePRO may reset its servers or delete your cloud data/logs at any time without notice. You are responsible for keeping your own backup records.

10. LIMITATION OF LIABILITY


TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVEPRO SHALL NOT BE LIABLE FOR ANY DAMAGES (DIRECT, INDIRECT, INCIDENTAL, PERSONAL INJURY, OR CONSEQUENTIAL) ARISING OUT OF THE USE OR FAILURE OF THE TEST PRODUCT.

DIVEPRO SPECIFICALLY DISCLAIMS ANY LIABILITY FOR DAMAGE TO YOUR OWN EQUIPMENT (e.g. SMARTPHONES, COMPUTERS, TABLETS) OR LOSS OF DATA STORED ON SUCH DEVICES RESULTING FROM THE INSTALLATION OR USE OF THE TEST PRODUCT/APP.

11. LIABILITY FOR BREACH


You agree that you will be responsible for any losses, damages, or expenses incurred by divePRO that are a direct result of:

•   Your negligent or intentional violation of this Agreement (e.g., leaking confidential photos).

•   Your misuse of the Test Product in a manner prohibited by the safety warnings (e.g., diving without a backup computer).

•   Your violation of any applicable laws.

This does not affect your statutory rights as a consumer regarding damages caused by divePRO’s own negligence.


12. LAWFUL USE AND PRIVACY


You agree to use the Test Product in compliance with all applicable local laws, including privacy laws and diving regulations. You are solely responsible for obtaining any necessary consents before recording audio/video of third parties or diving in restricted areas. divePRO is not responsible for your illegal acts.

13. GENERAL PROVISIONS


  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Greece. Any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Athens, Greece.
  • Survival: The obligations of Confidentiality (Section 5), No Reverse Engineering (Section 6), and Limitation of Liability (Section 10) shall survive the termination or expiration of this Agreement.
  • No Waiver: Failure by divePRO to enforce any provision of this Agreement will not constitute a waiver of that provision or any other provision.
  • Injunctive Relief: You acknowledge that a breach of the Confidentiality obligations (Section 4) would cause irreparable harm to divePRO for which monetary damages would not be an adequate remedy. Therefore, divePRO shall be entitled to seek immediate injunctive relief (court orders to stop the leak) in addition to any other remedies available at law.
  • Export Compliance: You agree not to export, re-export, or transfer the Test Product to any country or individual prohibited by applicable export control laws and regulations.
  • Costs: You acknowledge that you are solely responsible for all costs and expenses associated with your participation in the Test Program, including but not limited to internet connection fees, mobile data charges for uploading logs and electricity.
  • Modifications: divePRO reserves the right to modify this Agreement at any time. If we make material changes, we will notify you (e.g. via email or App notification). Continued use of the Test Product after such changes constitutes your acceptance of the new terms.
  • Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the Test Program and supersedes all prior or contemporaneous understandings, whether written or oral.