Scuber Technologies, LLC Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you and Scuber Technologies, LLC, a Missouri limited liability company (“Scuber,” “we,” “us,” or “our”).

These Terms govern your access to and use of the Scuber website, mobile applications, software, communications systems, payment functionality, and related services (collectively, the “Platform”).

By creating an account, accepting a Job or offer, requesting a recovery, submitting an offer, funding a Job, performing a Job, or otherwise using the Platform, you agree to these Terms.

If you do not agree to these Terms, do not use the Platform.

1. What Scuber Does#

Scuber operates a technology marketplace that connects:

1. people seeking assistance locating or recovering lost property from underwater or water-related locations (“Customers”); and
2. independently operating scuba divers who offer recovery services (“Divers”).

A request for recovery services is referred to as a “Job.”

SCUBER IS A MARKETPLACE AND TECHNOLOGY PROVIDER. SCUBER DOES NOT PERFORM DIVES, PROVIDE DIVING INSTRUCTION, SUPERVISE DIVE OPERATIONS, CONTROL DIVE METHODS, CERTIFY DIVERS, OR GUARANTEE THAT ANY LOST ITEM WILL BE RECOVERED.

The actual recovery service is provided by the Diver directly to the Customer.

2. Eligibility#

You must:

• be at least 18 years old;
• have legal capacity to enter into a binding agreement;
• provide accurate account information;
• comply with applicable laws; and
• not previously have been prohibited from using the Platform.

Additional requirements apply to Divers as described below.

3. Diver Certification Requirement#

A person may not provide diving services through Scuber unless that person provides evidence of a scuba-diving certification credential that Scuber accepts for use on the Platform.

Scuber may require information such as:

• certification agency;
• certification number;
• certification level;
• certification card or electronic credential;
• name associated with the certification; and
• other information reasonably necessary to confirm the credential.

Where technically or commercially available, Scuber may compare information with a certifying organization's records or another credential-verification source.

Scuber Does Not Certify Divers#

Scuber does not provide scuba certifications, training, endorsements, medical clearances, professional qualifications, or licenses.

Verification of a certification credential means only that Scuber has determined, based on information reasonably available to it, that the submitted credential appears to satisfy Scuber's Platform requirements.

CERTIFICATION VERIFICATION IS NOT A REPRESENTATION THAT A DIVER IS SAFE, SKILLED, EXPERIENCED, MEDICALLY FIT, QUALIFIED FOR A PARTICULAR DIVE, OR CAPABLE OF SAFELY COMPLETING A PARTICULAR JOB.

Scuber does not conduct a general background investigation or professional competency assessment merely because a Diver is allowed to use the Platform.

4. Diver Insurance#

Divers may be permitted to upload proof of liability, diving, accident, professional, or other insurance.

Insurance is not necessarily required to use the Platform unless Scuber expressly indicates otherwise for a particular location or Job.

Unless Scuber expressly states that coverage has been independently verified:

• an uploaded insurance certificate is self-reported information supplied by the Diver;
• Scuber does not guarantee that the policy is authentic;
• Scuber does not guarantee that the policy remains in force;
• Scuber does not guarantee that a particular Job or incident is covered;
• Scuber does not guarantee policy limits or exclusions; and
• an “insurance uploaded” indicator should not be interpreted as Scuber's endorsement of the Diver.

Divers are solely responsible for obtaining whatever insurance they believe appropriate or applicable law requires.

5. Independent Divers#

Divers using Scuber operate independently.

Nothing in these Terms creates an employment, partnership, franchise, agency, joint venture, fiduciary, or similar relationship between Scuber and any Diver.

Divers determine whether to accept a Job and are responsible for determining, among other things:

• whether conditions are appropriate for diving;
• whether the Diver possesses suitable training and experience;
• the equipment required;
• whether a buddy, tender, surface support, boat, or additional personnel are necessary;
• whether weather, water, current, visibility, depth, contamination, traffic, entanglement, overhead conditions, or other hazards make the dive unsafe;
• whether permits or property-owner permission are necessary;
• whether commercial-diving or occupational-safety rules apply; and
• whether to begin, continue, modify, or terminate a dive.

Nothing displayed through Scuber should be interpreted as an instruction to make a dive that a Diver considers unsafe.

A Diver may decline or abort a Job for safety reasons at any time.

The designation of a Diver as an independent contractor does not override any law that legally requires a different classification.

6. Customer Responsibilities#

Customers must provide complete and accurate information concerning a Job, including information reasonably relevant to safety and recovery, such as:

• location;
• approximate depth, if known;
• type and description of property;
• date the property was lost;
• known water conditions;
• known hazards;
• access restrictions;
• boat or vessel traffic;
• private-property restrictions; and
• any other information that could materially affect the dive.

A Customer must not knowingly conceal a hazard from a Diver.

Customers may not order, encourage, or pressure a Diver to perform a dive the Diver believes is unsafe.

7. Ownership and Right to Recover Property#

By creating a Job, a Customer represents and warrants that the Customer:

• owns the property;
• has permission from the lawful owner to recover it; or
• otherwise has a lawful right to possess or recover it.

Scuber may require additional evidence of ownership or authority.

The Platform may not be used to recover or obtain:

• stolen property;
• illegal drugs or contraband;
• property the Customer has no legal right to possess;
• evidence relating to a crime where recovery would interfere with law enforcement;
• hazardous substances;
• explosives;
• human remains;
• protected archaeological or historical artifacts;
• property whose recovery would violate environmental, salvage, maritime, property, or other law; or
• any other prohibited item identified by Scuber.

Weapons, ammunition, government property, vehicles, sensitive records, or other regulated items may be restricted or require additional approval.

If a Diver encounters property that appears illegal, dangerous, historically protected, connected to a crime, or otherwise subject to special legal requirements, the Diver may terminate the Job and contact the appropriate authorities.

8. Creating and Accepting Jobs#

Customers may submit Job requests through the Platform. Divers may set a default Minimum Service Fee in their profiles and submit Job-specific offers.

Pricing Definitions#

• Minimum Service Fee: The gross minimum service amount set by the Diver and accepted by the Customer for travel to and arrival at the agreed recovery location to assess the Job. It is compensation for the Diver's service, not a Scuber fee. It is subject to Scuber's 10% Diver Marketplace Fee.
• Recovery Price (also called the Job Price): The agreed total service price for a successful recovery, before Scuber's Customer Service Fee, optional tips, and applicable taxes. It includes the Minimum Service Fee rather than adding to it.
• Final Recovery Price: The agreed Recovery Price payable for a successful recovery, or an expressly agreed partial-service amount under Section 12. If the Job ends without recovery and no partial-service amount was agreed, the Final Recovery Price is zero.
• Billable Diver Amount: Once the Minimum Service Fee has been earned, the greater of the accepted Minimum Service Fee and the Final Recovery Price. It excludes Scuber's Customer Service Fee, tips, and applicable taxes. Pre-arrival cancellations, no-shows, waivers, and dispute adjustments are governed by Sections 12–16.

The Customer must be shown the applicable Minimum Service Fee, Recovery Price, Scuber Customer Service Fee, and resulting payment amounts before accepting and funding the Job. This includes the minimum total payable if the Diver arrives but does not recover the item or enter the water.

The Diver must be shown the 10% Diver Marketplace Fee and expected net service earnings. A $50 Minimum Service Fee results in $45 in Diver service earnings after Scuber's 10% fee, before any tip, withholding, or permitted payment adjustment. It does not promise the Diver a $50 net payout.

A Job becomes funded when:

1. the Customer accepts the Diver's offer, including its Minimum Service Fee;
2. the Customer successfully completes the required payment authorization or transaction; and
3. the Platform records the Job as funded.

The Diver should not travel to perform the Job or begin the recovery dive until the Platform indicates that the Job is funded.

Changing a profile's default Minimum Service Fee does not change an already accepted Job. An increase to an accepted Minimum Service Fee or Recovery Price, or another material pricing change, requires the Customer's affirmative approval through the Platform before the additional amount is incurred or charged.

When the Minimum Service Fee Is Earned#

The accepted Minimum Service Fee becomes earned when the Diver actually arrives at the agreed recovery location at the agreed time, or another time approved by the Customer, and is available to assess the Job in good faith. Accepting a Job, starting to drive, or marking an arrival without actually arriving does not earn the minimum.

The minimum may be payable even if the item cannot be found, a recovery is unsuccessful, the Diver determines conditions are unsafe or inaccessible, or the Diver does not enter the water. A Diver is never required to enter or remain in the water to earn an otherwise valid arrival minimum.

Divers must accurately record arrival and the outcome through the Platform and supply supporting information reasonably requested to resolve a dispute. A false arrival, no-show, or failure to make a good-faith assessment does not entitle a Diver to the minimum. Scuber may adjust or refund charges under Section 16 for misconduct, a material failure to provide the agreed arrival or assessment service, or as required by law.

The minimum is credited toward the total service amount; it is not added on top of the Recovery Price. For example, a $50 minimum and a $150 successful recovery result in a $150 Billable Diver Amount, not $200.

9. Payments and Conditional Payouts#

Scuber uses one or more third-party payment processors to collect and distribute payments.

Scuber is not a bank, depository institution, insurer, or licensed escrow company merely by providing the Platform's payment functionality.

When a Customer accepts an offer, the Customer's payment method may be charged, authorized, or otherwise processed for:

• the disclosed service amount, taking account of the accepted Minimum Service Fee;
• the applicable Customer Service Fee;
• a voluntary tip expressly selected by the Customer; and
• applicable taxes.

Payment Authorizations and Temporary Holds#

Scuber or its payment processor may place a temporary authorization hold on the Customer's payment method before the final amount is captured. The authorization amount may include the disclosed service amount, applicable Scuber fees, applicable taxes, and a clearly disclosed additional amount intended to accommodate an optional tip or service-price adjustment that the Customer later authorizes through the Platform.

A temporary authorization is not necessarily the final amount charged. After the Job is completed, cancelled, adjusted, or otherwise resolved, Scuber may instruct the payment processor to capture only the amount actually due under these Terms, including an earned Minimum Service Fee and any tip voluntarily authorized by the Customer.

If the final captured amount is less than the temporary authorization, the unused portion is not a refund because it was not captured. The unused authorization will instead be released or allowed to expire in accordance with the Customer's card issuer and payment processor policies. The time required for an authorization to disappear from an account is controlled by the card issuer or financial institution and may be outside Scuber's control.

Scuber will disclose the temporary authorization amount or the method used to determine it before the Customer authorizes the transaction when required by applicable law or payment-network rules. An authorization hold does not itself authorize a tip or price increase. Scuber will not capture an optional tip or additional service amount unless the Customer has affirmatively authorized it through the Platform or another legally valid method.

Funds associated with the Job are subject to a conditional payout process pending the outcome or resolution of the Job. Earning the Minimum Service Fee does not mean that a payout settles immediately.

Payment mechanics, settlement timing, authorization periods, captures, releases, refunds, chargebacks, and payouts may also be subject to the payment processor's terms.

If a Customer's payment is successfully processed but a technical failure prevents the corresponding Job from being properly created or funded in Scuber's records, Scuber will use commercially reasonable efforts to void, reverse, or refund the transaction.

Scuber does not intend to maintain a Job payment in a pending or held status for more than 30 days, except where a longer period is required by law, a payment provider, court order, chargeback process, dispute, or other circumstance outside Scuber's reasonable control.

10. Scuber Fees and Pricing Calculations#

Scuber earns revenue by charging fees to both Customers and Divers. The following standard pricing applies unless a different fee or promotion is clearly disclosed and accepted before the relevant transaction.

A. Diver Marketplace Fee — 10%#

Scuber charges the Diver a 10% marketplace fee on the Billable Diver Amount. This applies to an earned Minimum Service Fee, successful recovery, or agreed partial service. It is deducted from the Diver's service payout and does not apply to tips.

B. Customer Service Fee — 10%, Minimum $9.99#

For a Job with a payable Billable Diver Amount, Scuber adds a Customer Service Fee equal to 10% of the Billable Diver Amount or $9.99, whichever is greater.

The Customer Service Fee is added to the service amount and is calculated without including tips. It applies when only an earned Minimum Service Fee is payable as well as when a recovery is successful. No Customer Service Fee or Diver Marketplace Fee is due when no service compensation is payable, such as a qualifying pre-arrival cancellation or Diver no-show.

The standard model has no dollar cap on either percentage fee. A $1,000 Billable Diver Amount therefore produces a $100 Customer Service Fee and a $100 Diver Marketplace Fee.

C. Tips — 100% Allocated to the Diver#

Tips are voluntary. Scuber does not retain any portion of a tip. 100% of the tip amount selected by the Customer is allocated to the Diver.

Tips are not subject to either Scuber fee. Scuber bears its ordinary payment-processing costs associated with the tip and does not deduct those costs from the tip allocated to the Diver.

Tips may remain subject to legally required tax withholding, chargebacks, payment reversals, fraud adjustments, or other requirements imposed by law or the payment provider.

D. Expenses Included in Service Pricing#

Scuber does not offer a separate expense-reimbursement payment option. Divers must account for anticipated travel, parking, marina or launch access, equipment, boat, and other Job-related costs in their Minimum Service Fee or Recovery Price.

Any approved increase for additional costs becomes part of the agreed service price and is subject to the same Scuber fee calculations. Divers may not add undisclosed charges, require an additional off-Platform expense payment for an accepted Job, or classify required service compensation as a tip to avoid fees.

E. Payment-Processing Costs#

Scuber pays its ordinary payment-processing costs out of Scuber's marketplace revenue, including processing attributable to tips. Under this standard pricing model, Scuber does not add a separate ordinary card-processing surcharge to the Customer or deduct those costs from the Diver's stated service payout or tip allocation.

Scuber's gross marketplace revenue is before payment-processing costs, refunds, chargebacks, taxes, operating expenses, and other costs. Permitted withholding, reversals, and dispute adjustments remain governed by these Terms and applicable law.

F. Calculation Rules and Examples#

For a Job where the arrival minimum has been earned and no waiver or dispute adjustment applies:

Billable Diver Amount = max(Accepted Minimum Service Fee, Final Recovery Price)
Diver Marketplace Fee = 10% × Billable Diver Amount
Customer Service Fee = max(10% × Billable Diver Amount, $9.99)
Customer Total = Billable Diver Amount + Customer Service Fee + Tip
Diver Payout = Billable Diver Amount − Diver Marketplace Fee + Tip
Scuber Gross Revenue = Customer Service Fee + Diver Marketplace Fee

These formulas exclude applicable taxes, legally required withholding, refunds, chargebacks, and other permitted adjustments. Monetary fees are rounded to the nearest cent, with half-cent amounts rounded up; the service payout is calculated by subtracting the rounded Diver Marketplace Fee from the Billable Diver Amount.

G. Taxes#

Applicable sales, marketplace, transaction, or other taxes may be added where required by law and are separate from Scuber's stated fees.

H. Fee Changes#

Scuber may change its fees from time to time. The fees applicable to an accepted Job are those disclosed before the Job was funded. A later profile update or general fee change does not retroactively increase charges on that Job. Any separately accepted price adjustment must disclose the resulting fees before acceptance.

11. Successful Recovery#

When a Diver recovers the requested item, the Diver must:

1. mark the item as recovered through the Platform; and
2. provide at least one photograph or other proof of recovery requested by Scuber.

The Customer may then confirm successful completion. After the Customer confirms completion, Scuber may direct the applicable payment provider to release the Diver's payout.

Under standard pricing:

• the Billable Diver Amount is the greater of the accepted Minimum Service Fee and Final Recovery Price;
• the Diver receives that amount less the 10% Diver Marketplace Fee, plus the full voluntary tip;
• Scuber retains the applicable Customer Service Fee and Diver Marketplace Fee; and
• the Minimum Service Fee is included in the service amount rather than charged a second time.

48-Hour Automatic Release#

If the Diver marks a Job successfully completed and supplies the required proof, the Customer generally has 48 hours to raise a dispute.

Scuber may send a reminder approximately 24 hours after completion. If the Customer does not dispute the completion within the 48-hour review period, the Job may automatically be treated as accepted and the Diver's payment may be released.

A Customer may not intentionally ignore a valid completion in an effort to prevent a Diver from being paid.

12. Partial Completion and Agreed Adjustments#

Where the Platform permits partial completion, Customer and Diver may expressly agree through Scuber to a partial-service amount. The agreed amount replaces the Recovery Price for the fee calculation; it is not added to the Minimum Service Fee.

Once the arrival minimum has been earned, the Billable Diver Amount is the greater of the accepted Minimum Service Fee and the agreed partial-service amount, unless the Diver expressly waives or reduces the minimum, Scuber resolves a dispute with a different adjustment, or applicable law requires otherwise.

If no partial-service amount was expressly agreed and the item was not recovered, only the earned Minimum Service Fee is payable for service under Section 14. A Diver cannot unilaterally charge the full Recovery Price for an unsuccessful recovery or impose a separate percentage-based Search Fee.

Scuber recalculates both fees under Section 10 based on the final payable service amount. If no service compensation remains payable, neither Scuber fee applies. Any excess captured amount is refunded, and any excess uncaptured authorization is released or allowed to expire, as applicable.

13. Cancellations and Diver No-Shows#

A. Cancellation Before Arrival#

If a Job is cancelled before the Diver actually arrives and earns the accepted Minimum Service Fee, the Customer is generally entitled to a full refund of captured Job amounts or release of uncaptured authorized amounts, including the service amount and Customer Service Fee.

Accepting the Job or beginning travel does not earn the minimum. Under standard pricing, no travel-only cancellation fee, Customer Service Fee, or Diver Marketplace Fee is charged for a qualifying pre-arrival cancellation.

B. Cancellation After Arrival#

If the Diver has legitimately arrived and earned the accepted Minimum Service Fee, cancelling before the dive begins does not by itself eliminate that minimum. Unless another service amount was expressly agreed under Section 12, the Customer owes the minimum plus the Customer Service Fee calculated on that minimum, along with any voluntary tip the Customer authorizes.

The Diver receives the minimum less the 10% Diver Marketplace Fee, plus the full authorized tip. Any captured amount above the final amount due is refunded; unused authorization is released or allowed to expire.

The minimum remains subject to an express Diver waiver, Scuber's dispute process, and applicable law. Nothing in these Terms removes a nonwaivable right to a refund.

C. Diver No-Show or Failure to Provide Arrival Service#

If the Diver does not actually arrive as agreed and provide a good-faith assessment, no Minimum Service Fee is earned. A Diver may not earn the minimum by arriving after a Job was cancelled, except where the Customer expressly authorizes proceeding with the Job.

A Diver no-show generally results in a full refund or authorization release of Job charges, including the Customer Service Fee. No Diver Marketplace Fee is due when no service compensation is payable.

Repeated cancellations, false arrival claims, no-shows, abuse of cancellation procedures, or attempts to circumvent fees may result in account restrictions or removal.

14. Item Not Found or No Dive Performed#

Failure to find an item does not necessarily mean that the Diver performed the Job improperly. No Diver is required to enter the water when conditions are unsafe or the Job cannot lawfully or reasonably be performed.

A. Concluding the Job After Arrival#

If the Diver legitimately arrives and assesses the Job but the item is not recovered, or the Diver does not enter the water, the accepted Minimum Service Fee is payable. The Customer Service Fee is the greater of 10% of that minimum and $9.99; the Diver Marketplace Fee is 10% of that minimum.

No separate 25% Search Fee or $25 minimum Search Fee applies. Any expressly agreed partial-service amount is handled under Section 12. Scuber does not charge the full successful-recovery price merely because an unsuccessful search occurred.

The Diver must accurately record arrival, the outcome, and any relevant safety or access issue through the Platform. The payout remains subject to confirmation or resolution through the Platform, settlement timing, and the dispute process. The automatic-release rule in Section 11 applies to documented successful recoveries and does not establish an automatic payout rule for an unsupported arrival claim.

Any captured amount exceeding the final amount due is refunded, and any unused authorization is released or allowed to expire.

B. Continuing or Rescheduling#

Customer and Diver may agree through the Platform to continue or reschedule an active Job. The accepted minimum remains part of the total service price and is not charged again for each visit to the same Job. Any additional service compensation requires the Customer's affirmative approval before it is incurred or charged.

Payment timing for a continued Job follows its disclosed terms and Section 9. A reschedule does not extend a payment authorization beyond what the processor permits or eliminate an earned minimum if the Job later concludes without recovery.

C. Waivers and Refund Exceptions#

A Diver may expressly waive or reduce the minimum through the Platform. Scuber may adjust charges under Section 16 for a disputed arrival, misconduct, or a material failure to provide the agreed service, or as required by law.

If no service compensation is payable, no Customer Service Fee or Diver Marketplace Fee is due. Optional tips require the Customer's separate authorization and are never required to obtain a cancellation or refund.

15. Tips and Additional Service Payments#

Customers may tip a Diver before or after a Job when enabled by the Platform. A post-Job tip may be added to a previously authorized payment when supported by the payment processor and when the Customer affirmatively authorizes the tip. Otherwise, the Platform may process a separately authorized tip transaction.

Tips are voluntary and are not a condition of accepting a Job, performing a recovery, or issuing an otherwise due refund. 100% of the selected tip is allocated to the Diver, with neither Scuber fee applied and ordinary processing costs borne by Scuber, subject to the mandatory adjustments described in Section 10.C.

Scuber does not offer separate expense reimbursements. Any Customer-approved additional service compensation is included in the agreed service price and the resulting Billable Diver Amount, with both Scuber fees calculated under Section 10. Users may not misclassify required service compensation or expenses as a tip to avoid fees.

16. Disputes#

A Customer or Diver may open a dispute through the Platform.

Opening a timely dispute pauses the ordinary release process to the extent Scuber or its payment processor can do so.

Scuber may request information from either party, including:

• messages;
• photographs;
• video;
• location information;
• timestamps;
• dive information;
• arrival or assessment records;
• accepted pricing and adjustment approvals;
• evidence of ownership;
• information regarding conditions at the site; and
• other reasonably relevant evidence.

After reviewing available information, Scuber may determine, for purposes of administering the Platform payment, to:

• release all or part of the payment to the Diver;
• refund all or part of the payment to the Customer;
• determine whether the accepted Minimum Service Fee was earned;
• apply, reduce, or refund the minimum or an expressly agreed partial-service amount;
• adjust Scuber's fees based on the final amount payable;
• request additional information; or
• take another action permitted by these Terms.

Scuber's determination governs only the disposition of money administered through the Platform. It does not constitute a court judgment concerning the parties' independent legal rights.

Scuber may establish additional dispute deadlines and procedures through the Platform.

17. Chargebacks and Payment Reversals#

A chargeback initiated through a card issuer is different from a Scuber Platform dispute.

Users agree to first contact Scuber regarding a service-related payment dispute where reasonably possible before initiating a chargeback.

Nothing in these Terms eliminates rights that a consumer has under applicable payment-card or consumer-protection laws.

If a User improperly obtains both a Scuber refund and a separate chargeback or other duplicative reimbursement, Scuber may recover the duplicated amount and restrict or terminate the User's account.

Divers acknowledge that payouts may be subject to payment-provider reversals, fraud investigations, or chargebacks as permitted by applicable law and payment-provider rules.

18. No Guarantee of Recovery#

Scuber and Divers do not guarantee that lost property will be located or recovered.

Property can move, become buried, be removed by another person, become inaccessible, be damaged, or be located in conditions that make recovery unsafe or unlawful.

A Diver does not breach these Terms merely because a good-faith search is unsuccessful.

19. DIVING IS INHERENTLY DANGEROUS#

THIS SECTION CONTAINS AN ASSUMPTION OF RISK AND RELEASE OF LIABILITY. PLEASE READ IT CAREFULLY.

Scuba diving and underwater recovery involve serious inherent and non-inherent risks.

These risks may include:

• drowning;
• decompression sickness;
• arterial gas embolism;
• barotrauma;
• hypoxia;
• oxygen toxicity;
• equipment malfunction;
• entanglement;
• entrapment;
• poor visibility;
• currents;
• waves;
• cold exposure and hypothermia;
• contaminated water;
• marine animals;
• sharp objects;
• underwater structures;
• boat and vessel traffic;
• falling objects;
• physical exertion;
• panic;
• loss of breathing gas;
• preexisting health conditions;
• delayed rescue or emergency medical treatment;
• permanent disability; and
• death.

Conditions may change rapidly and may not be known to Scuber, the Customer, or the Diver before a dive begins.

20. DIVER ASSUMPTION OF RISK#

EACH DIVER KNOWINGLY AND VOLUNTARILY ASSUMES THE RISKS ASSOCIATED WITH DIVING AND UNDERWATER RECOVERY.

The Diver—not Scuber or the Customer—is ultimately responsible for determining whether the Diver is appropriately qualified, equipped, medically fit, and prepared to conduct a particular dive.

A certification credential does not eliminate these risks.

A Diver must refuse or terminate a dive when the Diver believes conditions exceed the Diver's training, experience, equipment, physical condition, or acceptable risk tolerance.

21. CUSTOMER ACKNOWLEDGMENT OF DIVER RISK#

Customers acknowledge that underwater recovery is dangerous and may expose Divers to serious injury or death.

A Customer must not:

• guarantee site safety;
• pressure a Diver to enter the water;
• misrepresent material conditions;
• instruct a Diver to exceed certification or training limitations; or
• retaliate against a Diver for terminating a dive for safety reasons.

22. MUTUAL RELEASE OF ORDINARY NEGLIGENCE#

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH CUSTOMER AND DIVER EXPRESSLY RELEASES SCUBER AND EACH OTHER FROM CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, BODILY INJURY, OR DEATH ARISING FROM THE ORDINARY NEGLIGENCE OR FAULT OF A RELEASED PARTY IN CONNECTION WITH A JOB, DIVING ACTIVITY, UNDERWATER RECOVERY, SITE CONDITIONS, OR USE OF THE PLATFORM.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS ALLEGING THE FUTURE NEGLIGENCE OR FAULT OF SCUBER, A CUSTOMER, OR A DIVER.

Each User understands that this provision is intended to shift the risk of claims involving ordinary negligence or fault, including risks that could result in severe bodily injury or death.

To the fullest extent legally permitted, the release is intended to apply to claims brought by or through the User, including claims involving the User's estate, heirs, personal representatives, successors, and assigns.

Nothing in these Terms releases liability to the extent applicable law prohibits waiver of liability, including liability that cannot lawfully be waived for intentional misconduct, willful misconduct, recklessness, gross negligence, fraud, or another nonwaivable legal duty.

23. SCUBER DOES NOT CONTROL THE DIVE#

Scuber does not:

• inspect dive sites;
• monitor Divers underwater;
• prepare dive plans;
• select breathing gas;
• provide dive equipment;
• determine depth limits;
• determine whether a buddy or tender is necessary;
• monitor weather or underwater conditions on behalf of a Diver;
• provide emergency rescue services;
• provide medical advice;
• guarantee the accuracy of Customer-provided site information; or
• direct the physical manner in which a Diver performs a Job.

Information available through the Platform does not replace a Diver's professional and personal judgment.

24. Emergency Situations#

Scuber is not an emergency service.

Do not use Scuber to request:

• rescue of a missing person;
• emergency rescue of an animal;
• recovery involving an ongoing life-threatening emergency;
• criminal evidence recovery;
• emergency hazardous-material response; or
• any service that should be performed by police, fire, emergency medical, coast guard, or professional rescue personnel.

Call the appropriate emergency authority.

25. Laws, Permits, and Site Access#

Users are responsible for compliance with applicable federal, state, local, maritime, environmental, occupational-safety, property, park, salvage, boating, and diving laws.

Divers are responsible for determining whether additional professional qualifications, dive-team requirements, permits, licenses, commercial-diving requirements, insurance, or other conditions apply to a particular Job.

Customers are responsible for obtaining property-owner permission when necessary to access a dive site.

26. User Content#

Users may upload:

• photographs;
• proof-of-recovery images;
• item descriptions;
• messages;
• certification documents;
• insurance documents;
• reviews;
• location information; and
• other materials (“User Content”).

You retain ownership of your User Content.

You grant Scuber a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, transmit, and use User Content as reasonably necessary to:

• operate the Platform;
• match Customers and Divers;
• document Jobs;
• process disputes;
• prevent fraud;
• provide support;
• enforce marketplace standards;
• comply with law; and
• improve the Platform.

Scuber will handle personal information contained in User Content in accordance with its Privacy Policy.

27. Ratings, Reviews, Reports, and Marketplace Quality#

Scuber may allow Customers and Divers to:

• rate one another;
• submit written reviews;
• report unsafe behavior;
• report poor service;
• report harassment or misconduct;
• report suspected fraud;
• report inaccurate information; or
• otherwise provide feedback regarding their experience.

Reviews and reports must reflect genuine experiences and may not contain knowingly false statements, unlawful threats, unlawful discrimination, confidential information, or other prohibited material.

Scuber may remove or moderate reviews or reports that violate Platform rules.

Scuber May Act Based on Ratings and Reports#

Maintaining a safe and trustworthy marketplace is important to Scuber.

Scuber may consider information including:

• average ratings;
• repeated low ratings;
• repeated Customer or Diver complaints;
• credible safety reports;
• poor communication;
• repeated cancellations;
• missed appointments or no-shows;
• failure to complete accepted Jobs;
• unprofessional conduct;
• harassment;
• unsafe diving practices;
• disputes;
• suspected fraud;
• inaccurate certification information;
• inaccurate insurance information;
• attempts to circumvent Platform fees;
• property complaints;
• chargebacks;
• violations of these Terms; and
• other conduct Scuber reasonably believes may negatively affect the safety, reliability, reputation, or quality of the marketplace.

A single serious incident may be sufficient for Scuber to take action.

Multiple lower-level complaints, ratings, or reports may also establish a pattern that Scuber considers unacceptable.

A report or low rating does not necessarily establish that misconduct occurred. Scuber may investigate reports and may request information from the parties involved.

Scuber is not required to adjudicate every factual disagreement between Users before taking reasonable action to protect the Platform.

28. Suspension, Deactivation, and Removal#

USE OF SCUBER IS A PRIVILEGE, NOT A GUARANTEED RIGHT TO CONTINUED ACCESS TO THE MARKETPLACE.

To the extent permitted by applicable law, Scuber may restrict, suspend, deactivate, or permanently terminate the account of any Customer or Diver when Scuber reasonably determines that doing so is appropriate to protect the Platform, its Users, its reputation, or its marketplace.

Reasons may include:

• repeated bad ratings;
• repeated negative reviews;
• credible complaints or reports;
• unsafe conduct;
• behavior Scuber believes creates an unreasonable risk to another person;
• falsified certifications;
• falsified insurance documentation;
• fraud;
• harassment;
• discriminatory conduct;
• payment abuse;
• repeated chargebacks;
• repeated cancellations;
• no-shows;
• failure to perform accepted Jobs;
• attempted fee circumvention;
• theft;
• illegal activity;
• misuse of the Platform;
• violation of these Terms;
• violation of applicable law;
• requests from a payment provider or government authority;
• conduct that materially harms the Scuber marketplace; or
• any other conduct that Scuber reasonably determines makes continued Platform access inappropriate.

Scuber may establish minimum marketplace-quality or rating standards for Divers or Customers.

Falling below those standards may result in warning, temporary suspension, reduced Platform access, removal from search or matching results, deactivation, or permanent removal.

Scuber is not required to wait for multiple reports where a single incident presents a serious safety, fraud, legal, or marketplace-integrity concern.

Where appropriate, Scuber may allow a User to provide additional information or appeal an account decision, but Scuber is not obligated to restore an account.

Scuber may permanently prohibit a removed User from creating another account.

Where practicable and legally permitted, Scuber will attempt to resolve outstanding payments, refunds, or active Jobs associated with an account before or after deactivation.

Removal from the Platform does not eliminate payment obligations, dispute obligations, indemnification obligations, or other provisions of these Terms that by their nature survive termination.

29. Taxes#

Divers are responsible for determining and paying taxes arising from amounts received through the Platform.

Scuber or its payment providers may collect tax information and issue reports or tax forms when legally required.

Nothing on the Platform constitutes tax advice.

30. Third-Party Services#

The Platform may use or link to third-party products such as:

• payment processors;
• map providers;
• certification providers;
• communication providers;
• cloud-hosting companies; and
• analytics services.

Scuber is not responsible for a third party's independent services, outages, acts, or privacy practices.

Your use of third-party services may be subject to separate terms.

31. Platform Availability#

Scuber does not guarantee uninterrupted or error-free operation.

The Platform may occasionally be unavailable for maintenance, technical failures, network problems, third-party outages, emergencies, or circumstances beyond Scuber's control.

32. DISCLAIMER OF WARRANTIES#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

SCUBER DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MAY LEGALLY BE DISCLAIMED.

SCUBER DOES NOT WARRANT THAT:

• A DIVER WILL ACCEPT A JOB;
• A DIVER WILL RECOVER AN ITEM;
• A USER'S REPRESENTATIONS ARE ACCURATE;
• A DIVER WILL PERFORM SERVICES SAFELY;
• A CERTIFICATION REFLECTS CURRENT EXPERIENCE OR MEDICAL FITNESS;
• INSURANCE WILL APPLY TO AN INCIDENT;
• A SITE IS SAFE; OR
• THE PLATFORM WILL ALWAYS BE AVAILABLE.

Nothing in this section eliminates a warranty that legally cannot be disclaimed.

33. LIMITATION OF SCUBER'S LIABILITY#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCUBER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST PROPERTY VALUE, LOST DATA, OR LOST BUSINESS OPPORTUNITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCUBER'S AGGREGATE MONETARY LIABILITY ARISING FROM A USER'S USE OF THE PLATFORM WILL NOT EXCEED THE GREATER OF:

1. $100; OR
2. THE AMOUNT OF PLATFORM FEES ACTUALLY PAID BY THAT USER TO SCUBER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply where applicable law prohibits such limitation.

The separate assumption-of-risk and release provisions concerning diving and ordinary negligence are governed by Sections 19–23 above.

34. Indemnification#

To the extent permitted by law, you agree to indemnify and hold Scuber and its officers, members, employees, and agents harmless from third-party claims arising from:

• your violation of these Terms;
• your violation of applicable law;
• your fraudulent or intentionally wrongful conduct;
• your lack of legal authority to recover an item;
• your infringement of another person's rights; or
• materially false information supplied by you.

This section does not require a consumer to indemnify Scuber for liability that applicable law prohibits Scuber from shifting to the consumer.

35. Off-Platform Payments and Fee Circumvention#

Users may not use Scuber to locate or connect with another User and then move the Job off the Platform for the purpose of avoiding Scuber's disclosed fees.

Users may not mischaracterize Job compensation as:

• a tip;
• reimbursement;
• gift;
• unrelated payment; or
• another payment category

for the purpose of avoiding Scuber's fees.

Scuber may suspend or terminate accounts engaged in fee circumvention and may seek payment of fees that would otherwise have been payable.

Any material change to compensation or Job scope should be recorded through the Platform whenever possible.

36. Electronic Communications and Acceptance#

You consent to receive legally permitted electronic communications from Scuber relating to:

• your account;
• Jobs;
• payments;
• safety;
• disputes;
• changes to these Terms; and
• other transactional matters.

You agree that clicking an “I Agree,” “Accept,” “Fund Job,” “Submit Offer,” or similar button may constitute your electronic signature and acceptance of the associated agreement.

37. Changes to These Terms#

Scuber may update these Terms.

For material changes, Scuber will provide notice through the Platform, email, or another reasonable method.

Unless otherwise stated, revised Terms apply prospectively from their stated effective date.

Where required, Scuber will obtain renewed affirmative consent.

38. Governing Law#

Except where another jurisdiction's law must apply, these Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law principles.

Any court proceeding relating to these Terms will be brought in a state or federal court with jurisdiction in Cass County, Missouri, unless applicable law requires otherwise.

Before bringing litigation, the parties are encouraged to attempt to resolve the matter in good faith through Scuber's support process.

39. No Waiver#

A failure by Scuber to enforce a provision of these Terms is not a waiver of that provision.

40. Severability#

If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain effective.

41. Assignment#

You may not transfer your account or assign these Terms without Scuber's written consent.

Scuber may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or similar corporate transaction.

42. Entire Agreement#

These Terms, together with the Privacy Policy and any Job-specific terms displayed through the Platform, constitute the agreement between you and Scuber concerning use of the Platform.

43. Survival#

Sections concerning payments, outstanding fees, disputes, assumption of risk, releases, limitations of liability, indemnification, governing law, and any other provision that by its nature should survive will remain effective after account closure or termination.

44. Contact Us#

Scuber Technologies, LLC
Missouri, United States

Mailing Address: 117 South Lexington St Ste 100, Harrisonville, MO 64701
Legal Email: support@getscuber.com
Support Email: support@getscuber.com

REQUIRED DIVER SAFETY ACKNOWLEDGMENT#

Scuber should require Divers to separately affirm substantially the following before performing their first Job and, preferably, again when accepting individual Jobs:

“I understand that scuba diving and underwater recovery can cause serious injury, permanent disability, or death. I am solely responsible for determining whether I am trained, equipped, medically fit, and prepared to perform this dive. I voluntarily assume these risks. To the maximum extent permitted by law, I expressly release Scuber and the Customer from claims arising from their ordinary NEGLIGENCE or FAULT in connection with the Job, including claims involving bodily injury or death.”

CUSTOMER SAFETY ACKNOWLEDGMENT#

Customers should separately affirm substantially the following when funding a Job:

“I understand that underwater recovery is inherently dangerous and could result in serious injury or death to the Diver. I will accurately disclose known site hazards and will not pressure a Diver to make or continue an unsafe dive. To the maximum extent permitted by law, I expressly release Scuber and the Diver from claims arising from ordinary NEGLIGENCE or FAULT in connection with the Job.”

Also see the Privacy Policy.