CYBER DIVE SALE TERMS
Effective Date: January 8, 2025
These Cyber Dive Sale Terms (“Terms”) govern the purchase of a smartphone device (“Device”) made available by Cyber-Dive Corp. (“Cyber Dive”, “we”, “our”). Your purchase of a Device constitutes your agreement to be bound by these Terms and any terms incorporated by reference.
Please note that use of the www.cyberdive.co website or related applications (the “Site”) indicates that you and your User(s) agree to be bound by our Website Terms of Use.
PLEASE CAREFULLY READ THE TERMS, INCLUDING THE AGREEMENT TO ARBITRATE IN SECTION 27, MEANING THAT ANY DISPUTE RELATED TO YOUR DEVICE PURCHASED FROM CYBER DIVE WILL BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS.
YOUR PURCHASE OF A DEVICE REQUIRES THAT YOU AGREE TO THE TERMS. IF YOU DO NOT UNDERSTAND THE TERMS OR DO NOT ACCEPT ANY PART OF THEM, DO NOT PLACE AN ORDER.
TERMS
1. Device Purchase.
When you purchase a Device, you are making a purchase direct from Cyber Dive and acknowledge that the Device operating system has been altered and modified to provide the unique Cyber Dive services. The Device may indicate it was manufactured by a third party; however, you acknowledge that the third party does not warrant the Device or the operating system.
By providing a credit card or other payment method accepted by Cyber Dive, you represent and warrant that you are authorized to use the designated payment method, and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter to proceed with your order.
Cyber Dive reserves the right to reject all or part of an order or a return request and may refuse to ship Devices to you for reasons such as: (a) if we detect suspicious or fraudulent activity (including unauthorized reseller activity) in violation of these Terms; (b) if you do not live in a country from which Devices may be purchased; (c) if you order more than the permitted maximum number of Devices; or (d) if your Device is out of stock.
If your order is accepted by Cyber Dive, we will send you an email (without delay) confirming: (a) order acceptance, (b) details of your order; and (c) how to follow-up if you have questions. You should check and amend any errors before submitting your order to us. Your contract with Cyber Dive becomes effective when we email you to confirm acceptance of your order, but is subject to the condition that Cyber Dive thereafter sends a second email confirming your Device has been shipped. If your order contains more than one item, not all of which ship at the same time, the contract for those items that have not shipped will also be subject to the condition of our sending an email confirming shipment of the remaining items.
If you purchase using payment installment services provided by a third party on the Cyber Dive website, you acknowledge that a third party agent will assist in accessing a payment network and processing the payment transaction. Once your registered payment instrument is authorized, your payment obligation to the third party shall be deemed completed and discharged (except for buyer's obligations in the event of a chargeback or other reversal). Your purchase using payment installment services from the third party may be aggregated together with other purchases from Cyber Dive.
2. Parent Dashboard.
When you activate a Device you will be prompted to create an account on the Parent Dashboard (app.cyberdive.co) to access information on the Device separate from the user. Use of the Parent Dashboard is subject to the Aqua One Services Terms, which are incorporated into these Terms. The Parent Dashboard can be accessed on a browser or through the Cyber Dive Parent Dashboard PWA (Progressing Web App). You are solely responsible for any activity or actions on or through your Parent Dashboard, resulting from the use of your log-in or access credentials, whether or not you have authorized such activities or actions. You represent and warrant that the information you provide to Cyber Dive upon purchase of the Device, and at all other times will be true, accurate, current, and complete and you agree to update such information as necessary such that it remains complete, accurate and up-to-date. You have the option to share the Parent Dashboard with others through an invite feature. The shared Parent Dashboard may not include access to all features. You are solely responsible for any access to the Parent Dashboard by individuals you have invited.
3. Prices and Taxes. The Device price displayed does not include any shipping charges. Information about shipping charges will be presented at checkout before you place your order. All prices displayed are subject to change at any time without notice.
Applicable taxes will be presented at checkout or on the Device description page, and such taxes are estimated and may be subject to change until you are charged.
4. Delivery.
We may not be able to deliver Devices to all locations. If we not ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order.
If a Device cannot be successfully delivered to you, the Device should be returned to Cyber Dive. In that case and once Cyber Dive receives the return shipment, you will not be charged for the Device (or charges already incurred will be reversed using the initial payment method), but you may be charged for shipping (and such charges may not be reversed). If a Device is not successfully delivered because we or a delivery agent made a mistake, you will not be charged at all and all charges will be reversed.
If you do not receive your Device, please contact Cyber Dive support at support@cyberdive.co.
If you do not receive your order after Cyber Dive has made 2 delivery attempts (for example the package has been lost or stolen before it is delivered), Cyber Dive may require a signature confirmation on the delivery and will replace the Device as opposed to issue a refund.
Any delivery dates or times provided by Cyber Dive (or a delivery agent) are estimates only and are not guaranteed.
5. Availability and Order Limits.
All Devices offered are subject to availability. We reserve the right to discontinue offering certain Devices without prior notice.
6. Pricing Mistakes.
We try very hard to make sure there are no mistakes in the prices that appear on the Cyber Dive website. In the unlikely event that a mistake happens, you agree that Cyber Dive will not be bound by that incorrect price and may cancel your order. If a mistake is discovered and you haven't been charged yet, we will let you know the correct price, and you will be given the option to continue with your order at the correct price or cancel it.
7. Promotions.
Cyber Dive may offer promotions or promotional prices for the sale of Devices. Promotions are valid only during the period stated in the promotion terms and while the promotion item is available. If so, any terms applicable to such promotional offers or prices will govern the offer.
8. Import and Export.
The Device may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Device. These laws may include restrictions on destinations, users, and end use.
9. Use of the Device.
Please carefully read any instructions that come with the Device, including instructions that may be available online. To make use of any enhanced functionality of your Device, you may have to set up a Parent Dashboard. Further, you agree to comply with any agreements applicable to your use of the Device or any software on the Device.
10. Gifts.
You may only purchase Devices for personal use. You may give the Device as a gift and the new owner will be required to onboard the device in their personal Parent Dashboard.
11. Device Technical Specifications.
Battery life for your Device, as described in any Device description page, will depend on Device settings, usage, and many other factors. Battery tests are conducted using specific Device units; actual results may vary. Devices with storage capacity may be pre-formatted with operating system software and other files. As a result, actual formatted capacity will be less than the memory listed in any Device description.
12. Return Policy.
Cyber Dive has a 30-day Satisfaction Guarantee if you want to return a Device for a refund. Refunds are issued based on the original payment method or through another method if the original form of payment is not accessible for a refund. Devices must be safely packaged to avoid damage while in transit. Returns arriving damaged, or in a condition not disclosed when initiating the return, are not covered by the Return Policy and ineligible for a refund. Returns are subject to the Cyber Dive return policy available at https://help.cyberdive.co/en/articles/10338656-our-30-day-satisfaction-guarantee.
13. Data and Deactivation.
You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to return the Device, or if you are requested to send a Device to Cyber Dive for repair or replacement, you will be advised how to secure your device before sending it to Cyber Dive. Cyber Dive will not be responsible for any use or disclosure of any data that resides on a Device. If you inform Cyber Dive that you have not received your Device, the Device is defective, or it has been lost or stolen, Cyber Dive may deactivate that Device. Deactivation may not automatically delete personal or other data stored on your Device. We strongly recommend that you back-up your data periodically.
14. Consumers Only.
We sell and ship Devices to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing Devices for resale. The limited warranty in the Device box and in the Warranty section below is only for the benefit of the end user and not resellers.
15. Defects; Warranties; Disclaimer of Warranties.
If the Device is or becomes defective through no fault of your own, you may have statutory rights such as repair or replacement of the defective Device, or in some cases, a price reduction, or the right to cancel the contract for a refund. Please visit our Warranty page for more information.
If you believe the Device is defective, please contact Cyber Dive Customer Care through your Parent Dashboard.
If Cyber Dive provides you with a replacement Device, you agree that Cyber Dive may exchange the defective Device with a new or refurbished Device. If Cyber Dive provides you with an advanced replacement device before we receive your defective Device, you may be required to pay for the replacement device prior to Cyber Dive sending the replacement device to you. Upon receipt of the the defective Device within the time communicated to you in notification emails, Cyber Dive will refund the payment for the replacement Device. Refunds may take one full billing cycle to appear on your credit card. If payment is not collected prior to sending the replacement Device, and the defective Device is not received by Cyber Dive within the time communicated to you, you authorize Cyber Dive to charge your original form of payment for the full value of the replacement Device. If the original form of payment is inactive or declines the charge, you agree to make payment to Cyber Dive within five (5) business days of request for payment or, if payment is not received, Cyber Dive shall have the right to deactivate your account and your access to the Device and any associated Parent Dashboard will be disabled.
Nothing in this Section affects your legal rights under statutory or applicable laws. Unless otherwise required under applicable laws, Cyber Dive may only provide warranty support for Devices that are located in a supported country.
OTHER THAN THE WARRANTIES REFERRED TO ON OUR WARRANTY PAGE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBER DIVE AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
16. Device Features Outside of Cyber Dive’s Control.
You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet or wireless service through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your preferred Wireless Carrier for compatibility and mobile data plan availability.
If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to a compatible WiFi access point.
You agree that, unless specifically provided in any Device description page or otherwise agreed by Cyber Dive, Cyber Dive has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that Google does not control.
You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Cyber Dive makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.
Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).
Return for non-compatibility with features outside Cyber Dive control is limited to the Cyber Dive Return Policy noted in Section 12 above. Cyber Dive shall have no requirement or responsibility to accept any return outside of its Return Policy or the 30-day time period noted. In addition, Cyber Dive device warranties do not apply to any features outside Cyber Dive control, including, but not limited to Wireless Carrier services, Internet Service Provider services, or SIM card compatibility.
17. Privacy.
In connection with your and your user’s use of the Device, you consent to Cyber Dive’s collection and processing of information in accordance with its Privacy Policy, located at: https://www.cyberdive.co/privacy-policy, or such other URL as may be provided by Cyber Dive from time to time. When setting up the Device, you will be required to provide information about the user, which will include the user’s name and date of birth. Other optional information may be requested but is not required.
18. Privacy of Minors.
Questions about Cyber Dive’s policies or use of information from children under the age of 13 can be directed to Cyber-Dive Corp. C/O 651 N. Broad Street, Suite 201, Middletown, DE 19709. Cyber Dive does not offer any purchases to anyone under the age of 18. By allowing the Device to be used by someone under the age of 13, you assume all responsibility for charges made while by you or anyone you authorize to use the Device. It is your responsibility to monitor usage of the Device by anyone under the age of 13 with regard to making a purchase or enabling purchase features available on website or applications.
19. Suspension or Termination. Cyber Dive may, in its discretion, without liability to you or your User(s) and without limiting Cyber Dive’s other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel access to the Parent Dashboard and take technical and legal steps to prevent you and/or any of your shared Parent Dashboard users from using the Parent Dashboard at any time if Cyber Dive reasonably believes that you and/or any of your shared Parent Dashboard Users have breached these Terms.
If a Parent Dashboard is deactivated, Cyber Dive will have the right, but not the obligation, to delete all Parent Dashboard information.
20. Third Party Websites and Mobile Apps.
The Device can connect to the internet and download mobile apps from the Google Play Store. You acknowledge and agree that Cyber Dive is not responsible or liable for (i) the availability, terms or practices of any third party websites or mobile apps, or (ii) the content, products or services available on or through such third party websites or mobile apps, including that any information provided is complete, accurate or up-to-date. Links to such websites or mobile apps downloaded to the Device by Cyber Dive do not imply any endorsement by Cyber Dive of such websites, mobile apps, or the content, products or services available on or through such websites or mobile apps. You acknowledge sole responsibility for and assume all risk arising from any Device user accessing any such websites, mobile apps or the content, products or services available on or through such websites or mobile apps. Cyber Dive will not be responsible or liable for any damage or harm resulting from your or any Device user interactions with such websites or mobile apps, or the content, products or services available on or through such websites or mobile apps.
21. Changes to these Terms.
Cyber Dive may modify these Terms from time to time. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on this Site, and may notify you of such changes by displaying a notice (or link thereto) on the Site or otherwise. By using the Services following any modifications to these Terms, you and your User(s) agree to be bound by such modifications.
22. Proprietary Rights; Feedback.
We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Services.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Cyber Dive or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The Cyber Dive and Aqua One logos and service names are trademarks of Cyber Dive (the “Cyber Dive Marks”). Without our prior permission, you and your User(s) agree not to display or use Cyber Dive Marks in any manner. Nothing should be construed to grant any license or right to use any Cyber Dive Mark without our prior written consent.
You acknowledge and agree that all feedback will be the sole and exclusive property of Cyber Dive. Without limiting the foregoing, you acknowledge that feedback may be disseminated or used by Cyber Dive or its affiliates for any purpose whatsoever, including developing, improving and marketing Cyber Dive’s products and services. You hereby irrevocably transfer and assign to Cyber Dive all of their respective rights, title, and interest in and to all feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waives any moral rights you may have in such feedback.
23. Indemnity.
You and your Users agree to defend, indemnify and hold Cyber Dive, its directors, officers, employees, agents, affiliates and Service Providers (as defined below) harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with:
your and your user’s use of the Device,
your and/or your shared Parent Dashboard user violation or breach of these Terms or applicable law,
the unauthorized use or distribution of the Device by you or anyone authorized by you,
your and/or your shared Parent Dashboard user gross negligence or willful misconduct, and/or
the posting or transmission of any materials on or through the Services by you and/or your User(s), including, but not limited to:
any third-party claim that any information or materials you or your Device user provide infringes any third-party proprietary right, or
the unlawful use or disclosure by you and/or your shared Parent Dashboard user of any third-party personal information obtained via the Parent Dashboard.
24. Limitations of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBER DIVE AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, "CYBER DIVE PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A CYBER DIVE PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CYBER DIVE PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CYBER DIVE UNDER THESE TERMS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CYBER DIVE DISCLAIMS ALL LIABILITY OF ANY KIND OF CYBER DIVE’S LICENSORS AND SUPPLIERS.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
25. Compliance with Law.
You and any users of the Device agree to comply with all applicable laws, rules and regulations in connection with use of the Device.
26. Applicable Law/Jurisdiction.
You and all users of the Device agree that the laws of the State of Delaware, in the United States, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use and all users of the Device may be subject to other local, state, national, and international laws. You and all users of the Device expressly agree that exclusive jurisdiction for resolving any claim or dispute with Cyber Dive or relating in any way to use of the Device resides in the state and federal courts of New Castle County, Delaware, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New Castle County, Delaware.
27. Dispute Resolution; Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY, BECAUSE IT REQUIRES ARBITRATION OF CERTAIN DISPUTES WITH CYBER DIVE AND IT LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. THIS SECTION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS AGAINST CYBER DIVE, INCLUDING ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). UNLESS THE MASS ARBITRATION PROVISIONS SET FORTH BELOW APPLY, ALL ARBITRATIONS (AND LITIGATION, WHERE ALLOWED) SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION.
Scope of Arbitration.
All past, present, and future disputes, claims, or controversies (except those listed below) arising out of or relating to these Terms, the use of the Device by you or any third party, or the relationship between the parties, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of these Terms, except for (i) claims regarding the infringement, protection or validity of either party or its licensors' trade secrets, copyright, trademark, or patent rights, and (ii) claims brought in small claims court in the county of your billing address (collectively, “Disputes”, and each a “Dispute”) shall be determined exclusively by binding individual arbitration. Any question about the arbitrability of any Dispute shall be determined by the arbitrator. The parties waive their rights to a jury trial and to have any Disputes resolved in court.
Informal Negotiations.
The parties shall first attempt to resolve any Dispute informally for at least 60 days before initiating arbitration. The informal negotiations begin upon the sending of a properly addressed written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) additional information to positively identify the complaining party; (iii) describe the nature and basis of the claim or Dispute; and (iii) set forth the specific relief sought. The Notice of Dispute to Cyber Dive shall be sent to: 651 N. Broad St., Suite 201, Middletown, DE 19709. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Proceedings.
Any election to arbitrate by one party shall be final and binding on the other. Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to us, using the address below, to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, CYBER DIVE and you will share equally all filing, administration and arbitrator fees. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.
JURY TRIAL WAIVER.
If a claim proceeds in court rather than through arbitration, CYBER DIVE AND YOU WAIVE ANY RIGHT TO A JURY TRIAL.
Authority of Arbitrator.
The parties agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may consider, but will not be bound by, rulings in other arbitrations where you and Cyber Dive were not both parties. Subject to any section to the contrary, the arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual, unless all involved parties consent to such consolidation.
Batch Arbitrations.
For mass arbitrations (which are defined as 50 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination), the AAA Mass Arbitration Supplementary Rules (“AAA Mass Arbitration Rules”) shall apply. In such proceedings, the parties agree that, notwithstanding any other provisions of these Terms, the Process Arbitrator (as described in the AAA Mass Arbitration Rules) and the arbitrator shall have the authority to implement the procedures set forth in the AAA Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. All provisions of this Section that are not in conflict with the AAA Mass Arbitration Rules, including the qualifications for the arbitrator, shall continue to apply.
Confidentiality.
You, Cyber Dive and the arbitrators shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrators will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary.
Allocation of Arbitration Fees.
If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by AAA in connection with any arbitration under this Section, and Cyber Dive will bear all other costs charged by AAA or the arbitrator, including any remaining AAA Case Management Fee and all professional fees for the arbitrator’s services. You will still be responsible for paying your own attorneys’ fees.
STATUTE OF LIMITATIONS.
ANY DISPUTE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE RELEVANT CLAIM AROSE; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT THE PARTIES WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
WAIVER OF CLASS RELIEF.
SUBJECT TO SECTION, ALL ARBITRATIONS AND LITIGATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND CYBER DIVE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OTHER REPRESENTATIVE ACTION OR PROCEEDING, OR ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). YOU AND CYBER DIVE ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
Procedure to Opt Out.
You may opt out of the binding arbitration requirement in these Terms by sending written notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express) to Cyber Dive Corp. 651 N. Broad St., Suite 201, Middletown, DE 19709. For your opt out to be effective, you must send such notice within thirty (30) days of your acceptance of these Terms. You must personally hand-sign and date the notice, and include in it your name, email address(es) (if you have a Cyber Dive Account), address, and any other information to positively identify you and your Cyber Dive Account(s), including phone number or device ID, and a clear statement that you do not wish to resolve disputes with Cyber Dive through the arbitration provisions in these Terms. By opting out, you are agreeing to resolve Disputes in accordance with any binding arbitration agreements in the most recent previous version of the Terms that you agreed to without opting out, the remainder of this Section in these Terms (including, for the avoidance of doubt, the waiver of class relief and any other relief other than individual relief), and all other relevant provisions of these Terms.
Invalidity.
If any portion of this Arbitration Section is determined by a court to be unenforceable or invalid for any reason, (i) the unenforceable or invalid provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Section will be enforceable.
Return.
You have the right to return your Device in accordance with our Return Policy as referenced above if you don’t agree with this agreement to arbitrate. If you decide to return your Device, you must return it in accordance with the Return Policy referenced above, including within the applicable return period set forth in the Return Policy (unless a longer period is required by applicable law).
Minor. If your Device will be used by a child under the age of 18, you confirm that you are a parent or legal guardian of the child and acknowledge that you are agreeing to these Arbitration Terms on behalf of yourself and the child. Do not allow your Device to be used by a child unless you can confirm and agree to the foregoing.
28. Changes to the Terms.
The Terms in effect at the time you place an order for the Device will apply to such order and Device. Cyber Dive reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.
29. Events Beyond Reasonable Control.
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
No Waiver.
If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
30. Severability.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
31. California Residents.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
AQUA ONE SERVICES TERMS
1. Introduction.
The Aqua One Services are software and services that operate on a proprietary smartphone device (“Device”) sold by Cyber Dive which provides you, as the Device user’s parent or legal guardian (“Parent”, “you”, “your”) with a proprietary dashboard of information about services used on the Device (“Parent Dashboard”). There is one Parent Dashboard per Device regardless of the number of individuals using the Device.
The Aqua One Services include automated review by our proprietary technologies of communications involving the Device, including but not limited to the Parent Dashboard. This review may include the use of listening devices, such as in relation to audio files. The Aqua One Services currently support English language interactions only; additional language interactions may become available in the future.
2. Acknowledgements.
You acknowledge, understand and agree that:
If you are using the Device and the Aqua One Services, you are giving the undertakings and consents contained in these Aqua One Services Terms, the Cyber Dive Sale Terms, and the Privacy Policy on behalf of your own child(ren) or legal dependent(s), being minor children or disabled adult(s) placed under your protection, as legal guardian, by a court or appropriate government authority (your “Dependent(s)”), whose activity on the Device will be monitored by the Aqua One Services;
You shall, in your personal capacity, be bound by the provisions of the Cyber Dive Sale Terms, these Aqua One Services Terms, and the Privacy Policy in so far as they expressly relate to you and your Dependent(s) use of the Device and/or Aqua One Services.
3. Registration.
General.
To create and use the Aqua One Services you represent you are the parent or legal guardian of the designated Device user.
Parent or Legal Guardian.
You may register the Parent Dashboard on a Device used only by your own child or children and/or legal Dependent(s). You hereby represent and warrant that you are the parent or legal guardian of the Device user. If your child is 18 or older and you are not the child’s legal guardian by reason of disability, you shall not register the device on the Parent Dashboard.
Device Access.
Upon registration of a Device to your Dependent(s), you will be prompted to provide information about the Device user such as their name, date of birth, and gender identification. In addition, to register on the Parent Dashboard, you will be prompted to provide information about you and any other authorized users of the Parent Dashboard. In respect of your and your Dependent’s use of the Device, you expressly authorize Cyber Dive and its service providers, without further notice to you or any party to the communication, to (i) access, monitor, review, and store covered online interactions and other communications to and from the Covered Device and (ii) compile and transmit such information to the Parent Dashboard. Use of the Device may be limited to the United States. The Parent Dashboard may not have full function capability on a Device taken outside of the United States even if the Device can access WiFi or a cellular network outside of the United States.
Minimum Age Requirements of Third-Party Platforms.
You expressly acknowledge that most third-party platforms are restricted to individuals who are 13 or older, and that, as between the you on one hand, and Cyber Dive on the other, compliance with any such age requirement is your sole responsibility.
4. Collection of Device User Information.
Information.
During registration of the Device and the Parent Dashboard, Cyber Dive will collect certain information, which will be designated as either required or optional. Information designated as required must be completed to proceed with use of the Device and the Parent Dashboard. In connection with monitoring the Device for the Parent Dashboard, Cyber Dive will access and monitor communications to and from the Device, which you and your Dependent understand and agree may include communications by or from other minor children. Cyber Dive also collects certain location information regarding the user associated with each Device (including general location).
Consent.
You and any user of the Device expressly consent to Cyber Dive’s collection, monitoring and review of any information obtained in connection with a Device, including all communications to and from such Device.
5. Alerts.
Cyber Dive will endeavor to send alerts through the Parent Dashboard, and through other notification services, such as text and email, if authorized and as available. You are required to maintain updated email or text contact information and bear all risks associated with providing Cyber Dive with inoperable or incorrect contact information.
6. Nudity Detector.
The Aqua One Services include a Nudity Prevention feature that utilizes proprietary technology to evaluate photographs and videos taken with the Device camera. In the event the Aqua One Services Nudity Prevention feature identifies inappropriate content that includes nudity, the Device will be locked preventing the sending of the identified content. Notification will be sent to you regarding such detection and locking of the Device. The Nudity Prevention feature may not be 100% accurate at all times, resulting in blocking content that is not nudity or not identifying inappropriate content. Cyber Dive is not responsible for any failure of the Nudity Prevention feature to identify nudity or content you deem inappropriate, for locking a Device due to misidentification of content, or for you not receiving notification of such Device locking. For more information about this feature visit https://support.cyberdive.co/en/collections/14422325-nudity-prevention-feature
7. License Grant; Restrictions.
License Grants.
Subject to the terms and conditions of these Terms, Cyber Dive hereby grants to you and your authorized user(s) of the Device a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license only (i) to operate the Device on a compatible network; and (ii) to access and use the Device solely for personal, non-commercial use. Any other use is expressly prohibited. Unauthorized use of any Cyber Dive content available on the Device may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.
Restrictions on Use.
You and your authorized user(s) of the Device shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code, libraries for or structure of, or decrypt the Device, Cyber Dive content on the Device, any API, or the Aqua One Services, even for research purposes; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from any Cyber Dive content or product(s); (iii) use the Device in a manner that derives revenue directly from such use, or use the Device for any other purpose for which it is not designed or intended; (iv) use or permit use of the Device in a manner not permitted or authorized hereunder; (v) distribute any API or passwords to access the Device or Aqua One Services to unauthorized devices or users; (vi) use the Device, API, Cyber Dive content, or the Aqua One Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Cyber Dive, or use, display, mirror or frame the Parent Dashboard, or any feature, functionality, tool or content of the Aqua One Services, Aqua One’s name, any Aqua One or Cyber Dive trademark, logo or other proprietary information, without Cyber Dive’s express written consent; (vii) use any Device or Aqua One Services to send automated queries to any website or to send any unsolicited commercial e-mail; (viii) use any proprietary information or interfaces of Cyber Dive or other intellectual property of Cyber Dive in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Device or Aqua One Services or that uses Cyber Dive content; (ix) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent, disable or tamper with any security-related components or other protective measures applicable to any Device, Aqua One Service, Cyber Dive’s computer systems, or any technological measure implemented by Cyber Dive or any of Cyber Dive’s providers or any other third party to protect the Device or to access or use the Aqua One Services if the Device or Parent Dashboard has been suspended or cancelled or you or your Device user(s) have otherwise been temporarily or permanently prohibited or blocked from using the Device or Aqua One Services; (x) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate Cyber Dive content, API, or Parent Dashboard; (xi) probe, scan, or test the vulnerability of any system or network of Cyber Dive or its providers, or breach or circumvent any security or authentication measures of such system or network; (xii) interfere with, disrupt, damage or compromise the Aqua One Services or Cyber Dive’s systems or the access of any user, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Aqua One Services or otherwise imposing an unreasonable or disproportionately large load on the Parent Dashboard; (xiii) access, copy, distribute, share, publish, use or store any Cyber Dive content, including any information from or about any Device user, for purposes that are inconsistent with these Terms, the Privacy Policy or the Cyber Dive Sale Terms, or otherwise violate the privacy rights or any other rights of Device user or any other third party, including by disclosing, selling, renting, distributing or exposing any Cyber Dive content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Aqua One Services; (xiv) query an API or other technical equivalent in a manner which causes damage or disruption to Cyber Dive’s servers or cloud services, or interferes with the operation of the API or services for other users; (xv) attempt to utilize the API as a vector for scripts, worms, malware, or other intrusions into Cyber Dive’s networks, servers, or cloud services for any reason; (xvi) use any Device for the purpose of directly competing with Cyber Dive; (xvii) use any Device or other material in violation of any applicable law or regulation, including but not limited to any regulatory agency, such as FCC, rules or use or allow use of Cyber Dive content, the Aqua One Services, or API, for any non-permitted activities or purposes; (xviii) sell, lease, abandon, or give away the Device in violation of any terms or requirement set by Cyber Dive; or (xix) attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing. These obligations survive termination of these Terms.
Restriction on Modification.
You and your user(s) may not modify the Device operating system, Cyber Dive content, or the Aqua One Services. Any such modification will void any warranties, whether express or implied, and subject you and your user(s) to immediate termination of the Aqua One Services. Further, any tampering with, destruction of, or other unauthorized alteration of a Device will void any warranties, express or implied. If and to the extent that any Cyber Dive software is designed to be compliant with any published communications standard (including, without limitation, Bluetooth SIG, IEEE, and ITU standards), you and your user(s) may not make any modifications to the Cyber Dive software that would cause the Cyber Dive software or the accompanying Device to be incompatible with such standard.
Restriction on Distribution.
You and your user(s) shall not distribute or provide access to the Device, nor hold yourselves out as a distributor, author, or creator of the Device or Aqua One Services, nor lead others to believe through implicit or explicit means that it has the right to sublicense or otherwise distribute or provide access to the Device. You and your user(s) may not loan, lease, rent, distribute, resell, or otherwise distribute or provide access to the Device other than as provided by these Aqua One Services Terms without the express written consent of Cyber Dive.
8. Limitations of the Aqua One Services; Location Services.
Content Blocking.
The Aqua One Services is not a content blocking service and you or the user of the Device may be exposed to information or images you consider objectionable.
Service Limitations.
There are certain circumstances that may limit the availability or effectiveness of the Aqua One Services, including the Parent Dashboard, including:
Service Area - The Aqua One Services are currently configured for use on the Device in an area serviced by WiFi or wireless services. Aqua One Services may be limited or restricted based on third party wireless or data service provider(s).
Service Interruptions - The Aqua One Services can be interrupted for any reason that disrupts wireless or mobile capabilities, data access, internet access or GPS capabilities, including, but not limited to: (a) electrical power outages, (b) natural disasters, (c) electronic interference, (d) an outage affecting the data transport service, (e) failure of originating or terminating access lines, (f) network congestion and/or reduced routing speed of network services (for example, due to spikes in call volume in the wake of local or national disasters), causing failed calls, busy signals or unexpected answering wait times (which may be longer than emergency calls placed via traditional telephone networks), (g) compatibility issues, or (h) equipment failures relating to your equipment (including the Device), Cyber Dive’s equipment, including, hardware or software failures or misconfiguration affecting Cyber Dive, its offices, data centers, and/or any of its service providers.
Location Services - The Aqua One Services does not tract location of the Device or its users.
9. Disclaimers.
YOU, AND YOU ON BEHALF OF THE AUTHORIZED USER(S) OF THE DEVICE, EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE AQUA ONE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (ii) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND (iii) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; CYBER DIVE DOES NOT WARRANT THAT THE AQUA ONE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; CYBER DIVE MAKES NO WARRANTY THAT THE AQUA ONE SERVICES WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS; OR THAT USE OF THE AQUA ONE SERVICES WILL PROTECT ANY USER OR THIRD PARTY FROM HARM; ANY INFORMATION OBTAINED THROUGH USE OF THE AQUA ONE SERVICES IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM CYBER DIVE’S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION; NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE AQUA ONE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN;
CYBER DIVE DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE AS PART OF THE AQUA ONE SERVICES; AND IF YOU ARE DISSATISFIED WITH THE AQUA ONE SERVICES, THE SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.
© Cyber-Dive Corp. 2025