Please read these Terms and Conditions carefully before using the FreeDive Ultra app ("the App"). By downloading, installing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
The App is provided by Alexis Argent ("we", "us", or "our"). If you do not agree to these Terms, please do not use the App.
The App is intended for users aged 9 and older, consistent with its App Store age rating. Users under 18 should only use the App under the supervision of a parent or guardian. Freediving is an inherently dangerous activity and parental consent is required for minors.
The FreeDive Ultra app is a dive tracking application designed for use with Apple Watch. The App allows you to record and review freediving sessions, including depth, duration, and related metrics. The App may also integrate with Apple HealthKit to read and write workout data, subject to your permissions.
The App offers both free and premium features. Premium features are available through a subscription (FreeDive Ultra Pro), managed via Apple's in-app purchase system. Subscription processing is facilitated by RevenueCat, which manages entitlement verification and subscription status alongside Apple's in-app purchase system. Subscription details, pricing, and renewal terms are displayed before purchase and are subject to Apple's App Store terms.
By using the App, you expressly acknowledge and agree to the following:
The App is a dive tracking tool. While it displays real-time depth and dive information, it should not be relied upon as your sole safety instrument. Always use appropriate backup equipment and follow established safety protocols.
Always dive with a trained buddy. Never freedive alone. The App cannot monitor your safety, detect loss of consciousness, or provide emergency assistance.
Shallow water blackout risk. The App does not detect, predict, or prevent shallow water blackout or hypoxic blackout. These conditions can occur without warning and may result in drowning.
Depth readings may be limited or inaccurate. Depth measurements are subject to hardware and software limitations. Do not rely solely on the App for depth information.
Proper training is essential. We strongly recommend that all users obtain appropriate freediving training from a recognised organisation before engaging in breath-hold diving activities.
Check conditions before diving. Always assess weather, water conditions, currents, and potential hazards before entering the water. Be aware of your surroundings, including marine life, boats, and underwater obstacles.
Monitor your body. If you feel dizzy, disoriented, or experience any unusual symptoms, exit the water immediately and seek medical attention if necessary.
Medical considerations. If you have any medical conditions, including but not limited to heart conditions, respiratory issues, or if you use a pacemaker, consult your doctor before freediving or using this App.
Software limitations. Like all software, the App may contain bugs or errors. Features may malfunction or fail without warning. Always have a plan for handling equipment failures and do not depend solely on the App.
By using the App in connection with freediving or any water-based activity, you voluntarily assume all risks associated with such activities, including but not limited to the risk of drowning, injury, or death.
You acknowledge that freediving involves inherent dangers that cannot be eliminated regardless of the care taken, and you accept full responsibility for your own safety.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on devices that you own or control, solely for your personal, non-commercial purposes.
You may not:
The App, including all content, features, and functionality, is owned by us and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership rights in the App.
The App collects and processes certain data to provide its services, including:
Your data is stored on your device and, if you enable iCloud sync, within your private iCloud container. We do not sell your data or use it for targeted advertising. For full details on how we handle your data, please refer to our Privacy Policy.
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available" without warranties of any kind, whether express or implied.
We do not warrant that:
Nothing in these Terms affects your statutory rights as a consumer under applicable law, including the Consumer Rights Act 2015.
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or related to your use of the App.
We shall not be liable for any injury, death, or damage to property arising from freediving or any water-based activity, whether or not the App was in use at the time.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
This agreement is effective from when you first use the App and continues until terminated. You may terminate this agreement at any time by deleting the App from your devices.
We may terminate or suspend your access to the App at any time, without notice, if we believe you have violated these Terms or for any other reason at our discretion.
We may update the App from time to time to add features, fix bugs, or make other improvements. We are not obligated to provide any updates or support for the App.
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App or by other means. Your continued use of the App after such changes constitutes your acceptance of the revised Terms.
The App integrates with Apple services including iCloud and HealthKit. Your use of these services is subject to Apple's terms and conditions. We are not responsible for the availability, accuracy, or reliability of any third-party services.
The App is distributed through the Apple App Store. Your download and use of the App is also subject to the App Store Terms of Service.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you are a consumer, you may also have the benefit of any mandatory provisions of the law of the country in which you reside.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements or understandings.
If you have any questions about these Terms, please contact us at support@freediveultra.com.
By using the App, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. You further acknowledge the inherent risks of freediving and confirm that you are voluntarily choosing to engage in such activities.