Terms and Conditions

Consumer Protection and Statutory Rights

Your statutory consumer rights vary depending on your location. These terms comply with applicable consumer protection laws in the jurisdictions where we operate.

1.1 For Australian Users - Australian Consumer Law (ACL)

If you are located in Australia, the Australian Consumer Law provides you with consumer guarantees that cannot be excluded, including:

• Services will be provided with due care and skill
• Services will be fit for the specified purpose
• Services will be of acceptable quality
• Any goods supplied will be of acceptable quality and match their description

Limitation of Liability Under ACL: To the extent permitted by law, our liability for breach of non-excludable consumer guarantees is limited, at our option, to:

• For services: Re-supplying the services or paying the cost of having the services re-supplied
• For goods: Replacement, repair, or payment of the cost of replacement or repair

For more information about your consumer rights, visit the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au or contact us directly.

1.2 For United States Users - State and Federal Law

If you are located in the United States, you may have additional rights under state consumer protection laws and federal regulations. These terms do not limit rights that cannot be waived under applicable state or federal law.

Important State-Specific Notices:

• California Users (CCPA): You have specific privacy rights under the California Consumer Privacy Act. See our Privacy Policy for details on data collection, use, and your rights to access, delete, and opt-out of data sales.
• New York, New Jersey, Florida: Some states do not permit certain liability limitations for consumer services. To the extent such limitations are prohibited by your state law, they do not apply to you.
• All US States: Some states provide additional consumer protection rights beyond those described in these terms. Nothing in these terms waives your rights under applicable state consumer protection statutes.

Assumption of Risk: Many US states recognize the legal doctrine of "assumption of risk" for inherently dangerous recreational activities like diving. By using Pelagic, you acknowledge that you voluntarily assume the risks associated with diving activities. However, this does not limit our liability for gross negligence, intentional misconduct, or violations of non-waivable consumer protection laws.

1.3 General Consumer Rights

Regardless of your location:

• We will provide services with reasonable care and skill
• We will not engage in misleading or deceptive conduct
• You may have rights to refunds, repairs, or compensation under local consumer protection laws
• These terms do not exclude liability for death or personal injury caused by our negligence or gross negligence
• These terms do not exclude liability that cannot be lawfully excluded in your jurisdiction

Diving Safety and Assumption of Risk

2.1 Inherent Risks of Diving

You acknowledge and agree that:

• Diving is dangerous: Scuba diving, freediving, and snorkeling carry inherent risks including but not limited to decompression sickness, drowning, embolism, nitrogen narcosis, oxygen toxicity, marine life injuries, equipment failure, and environmental hazards.
• Conditions change rapidly: Ocean and weather conditions can change suddenly and unpredictedly. Calm conditions can deteriorate within minutes. Visibility, currents, swell, and water temperature may differ significantly from forecasts.
• Site-specific hazards: Every dive site contains unique hazards including sharp rocks, strong currents, surge, rips, marine life, entanglement risks, overhead environments, deep water, and challenging entry/exit points.
• Entry and exit dangers: Shore entries and exits can be extremely hazardous due to waves, surge, slippery rocks, unstable terrain, and variable conditions. Serious injuries can occur during entry and exit regardless of dive conditions.

2.2 Platform Predictions and Live Conditions Are Not Safety Assessments

Pelagic provides visibility predictions, live conditions data, and dive site condition assessments using advanced algorithms and real-time environmental data. However, you acknowledge that:

• All predictions and assessments are estimates only: Our visibility predictions and condition status indicators (green/orange/red) are computational estimates based on available data and may be significantly inaccurate at any time
• Not a substitute for on-site assessment: No prediction, forecast, algorithm, or data provided by Pelagic can substitute for your own physical assessment of actual conditions at the dive site immediately before entering the water
• Conditions change rapidly: Environmental conditions can change dramatically between the time of our latest data update and your arrival at the dive site. What appears favorable on Pelagic may be dangerous in reality
• Algorithms can be wrong: Despite using complex modeling and real-time data from the Bureau of Meteorology and other sources, our algorithms may produce incorrect assessments due to data limitations, modeling errors, localized conditions, or unforeseen environmental factors
• Your assessment supersedes ours: You must conduct your own thorough evaluation of surf conditions, swell, currents, visibility, entry/exit points, and weather at the dive site. If conditions appear unsafe upon arrival, do not dive—regardless of what Pelagic predicted
• Green status does not mean safe: A "green" or favorable condition rating on Pelagic does NOT guarantee safe diving conditions. Hazards may exist that our algorithms cannot detect or predict
• Historical accuracy is not a guarantee: Even if our predictions have been accurate in the past, they may be incorrect at any time. Past performance does not guarantee future accuracy

2.3 No Guarantees or Warranties

Subject to non-excludable consumer guarantees under Australian Consumer Law, we make no warranties regarding:

• The accuracy, completeness, or reliability of any data, forecasts, or predictions
• The safety or suitability of any dive site under any conditions
• The current or future state of ocean conditions, visibility, or weather
• The accuracy of user-submitted dive reports or marine life sightings
• The reliability of third-party data sources including Bureau of Meteorology data

2.4 User Responsibility

You are solely responsible for:

• Proper training: Ensuring you have appropriate diving certifications and training for the type of diving you undertake
• Personal assessment: Making your own independent assessment of conditions and dive site suitability
• Diving with buddies: Never diving alone and always diving with properly trained and equipped dive buddies
• Equipment maintenance: Maintaining your equipment in proper working order
• Physical fitness: Ensuring you are physically and mentally fit to dive
• Emergency preparedness: Having appropriate safety equipment, emergency plans, and insurance
• Local knowledge: Obtaining local knowledge and guidance from experienced divers familiar with the area
• Aborting dives: Making the decision to abort or postpone any dive if conditions are unsuitable or you feel uncomfortable

2.5 Limitation of Liability for Diving Activities

TO THE MAXIMUM EXTENT PERMITTED BY LAW IN YOUR JURISDICTION, AND SUBJECT TO NON-WAIVABLE CONSUMER PROTECTION RIGHTS:

• You use Pelagic entirely at your own risk
• You acknowledge that diving is an inherently dangerous recreational activity
• You voluntarily assume all risks associated with diving activities
• You waive claims against Pelagic for harm arising from diving activities, except where such waiver is prohibited by law
• You will not hold Pelagic responsible for inaccuracies in forecasts, visibility predictions, dive site information, or user-submitted content, except to the extent we have breached non-excludable consumer guarantees or engaged in gross negligence or willful misconduct
• Australian users: Where we are liable under the Australian Consumer Law, our liability is limited as set out in Section 1.1 of these terms
• US users: Nothing in this waiver limits liability for gross negligence, intentional misconduct, or rights that cannot be waived under your state law

Intellectual Property and Proprietary Rights

3.1 Ownership of Platform Content

All content, code, data, algorithms, designs, and materials on Pelagic are proprietary and owned exclusively by Pelagic. This includes but is not limited to:

• Source code: All software, scripts, and code including PHP, JavaScript, and database structures
• Algorithms: The Azure visibility prediction system and all calculation methodologies
• Map data: All GeoJSON files, dive trails, depth isobaths, reef mapping, and geographic coordinates
• Dive site data: Site locations, characteristics, descriptions, access information, and metadata
• Visual designs: User interface designs, icons, graphics, and layouts
• Database content: All structured data including weather data, tide data, visibility predictions, and user submissions
• Marine life data: Species tracking, hotspot calculations, and sighting aggregations

3.2 Prohibited Uses

You are strictly prohibited from:

• Copying or extracting: Copying, downloading, extracting, scraping, or harvesting any data, map layers, or content from Pelagic
• Caching exploitation: Accessing, extracting, or utilizing GeoJSON or other data files from your browser cache or network traffic
• Systematic sharing: Sharing screenshots of premium map data, dive trails, or visibility predictions in dive forums, social media, or other public platforms
• Commercial redistribution: Sharing, distributing, selling, or providing access to any Pelagic data or content to third parties for commercial purposes
• Reverse engineering: Decompiling, reverse engineering, or attempting to derive source code or algorithms
• Creating derivatives: Creating derivative works, databases, or applications based on Pelagic data
• Unauthorized commercial use: Using Pelagic data for commercial purposes without explicit written permission
• Automated access: Using bots, scrapers, crawlers, or automated tools to access or extract content

3.3 Permitted Sharing

The following uses are permitted under these terms:

• Personal dive planning: Incidental sharing of screenshots with immediate dive buddies for specific trip planning purposes
• Safety discussions: Showing conditions to dive buddies to make informed safety decisions before a planned dive
• Emergency situations: Sharing relevant information with emergency services or rescue coordinators

Permitted sharing does NOT include posting to social media, dive forums, WhatsApp/Facebook groups, or any systematic distribution of premium content to non-subscribers.

3.4 Data Protection Measures

We employ technical measures to protect our proprietary data. Attempting to circumvent these protections is prohibited and may result in:

• Immediate account suspension without refund
• Legal action for breach of contract and intellectual property infringement
• Claims for damages and statutory penalties
• Reporting to relevant authorities for computer misuse offences

Account Terms and Usage Restrictions

4.1 Single User License

Each premium account (Essential or Pro) is licensed for use by ONE individual user only. You agree that:

• Your account is personal to you and may not be shared with others
• You will not share your login credentials with any other person
• You will not allow others to access premium features using your account
• Multiple people using a single account constitutes a material breach of these terms
• Group or family sharing of accounts is strictly prohibited

4.2 Sharing Premium Content

Sharing premium content with non-subscribers is prohibited. This includes but is not limited to:

• Screenshots: Taking and sharing screenshots of dive trails, visibility predictions, or premium map layers on social media or dive forums
• Screen sharing: Using screen sharing software to show premium features to non-subscribers
• Data export: Exporting or transcribing premium data for distribution to others
• Systematic sharing: While you may discuss general findings with dive buddies (see Section 3.3 Permitted Sharing), systematically providing detailed premium data to non-subscribers undermines the platform

4.3 Business and Commercial Use

Individual premium accounts are for personal use only. Businesses including dive shops, charter operators, and instructors must contact us for commercial licensing if they wish to:

• Provide Pelagic access to staff members
• Display Pelagic data to customers or students
• Use Pelagic data in commercial dive operations
• Integrate Pelagic data into other business systems

Unauthorized business use of individual accounts constitutes a material breach and may result in immediate termination and legal action.

4.4 Consequences of Violations

Violations of account usage restrictions will result in:

• Immediate suspension: Your account will be suspended without warning
• No refunds: No refund will be provided for any unused subscription period
• Permanent ban: You may be permanently banned from creating future accounts
• Legal proceedings: We reserve the right to pursue legal action for breach of contract and seek damages
• Debt recovery: Outstanding subscription fees and damages may be referred to debt collection agencies

4.5 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Logging out from shared or public devices

4.6 Monitoring and Enforcement

We employ technical monitoring to detect:

• Multiple simultaneous logins from different locations
• Unusual access patterns suggesting account sharing
• Excessive data access inconsistent with normal individual use
• Distribution of premium content on external platforms

4.7 Data Retention and Deletion

Upon account termination or deletion:

• We will provide 30 days notice before permanently deleting your account data
• During this period, you may request a copy of your personal data
• After 30 days, your data will be permanently deleted except as required by law
• We may retain anonymized usage data for platform improvement purposes

Subscription and Payment Terms

5.1 Subscription Tiers

Pelagic offers the following subscription levels:

• Free: Basic access with limited features and historical data
• Essential: $14 AUD per month with enhanced features and dive trails
• Pro: $29 AUD per month with full platform access including visibility predictions

5.2 Billing and Renewal

Subscription terms:

• Subscriptions are billed monthly on a recurring basis
• Your subscription will automatically renew unless cancelled before the renewal date
• Prices are subject to change with 30 days advance notice to existing subscribers
• Payment is processed via Stripe payment gateway
• All prices are in Australian Dollars (AUD) unless otherwise specified
• Price increases will be notified to active subscribers at least 30 days in advance
• You may cancel before a price increase takes effect to avoid the new pricing

5.3 Cooling-Off Period for New Subscriptions

New premium subscribers have a 14-day cooling-off period:

• If you are dissatisfied for any reason within 14 days of first subscribing, contact us for a full refund
• This cooling-off period applies only to first-time premium subscriptions
• Refund requests must be made within 14 days of initial payment
• This is in addition to your rights under Australian Consumer Law

5.4 Cancellation and Refunds

Cancellation policy:

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• Voluntary cancellations: No partial refunds are provided for unused portions of subscription periods when you voluntarily cancel
• Service issues: Refunds may be provided at our discretion if technical issues prevent platform access for more than 48 consecutive hours
• Material changes: If we make material changes to service features, you may be entitled to a pro-rata refund if you cancel within 30 days of notification
• No refunds for violations: Accounts suspended for terms violations are not eligible for refunds
• ACL rights: Refunds will be provided as required by Australian Consumer Law

5.5 Payment Failures

If payment fails:

• We will attempt to re-process payment up to 3 times over a 10-day period
• You will receive email notifications of failed payment attempts
• After 3 failed attempts, your account will be downgraded to Free tier access
• You will lose access to premium features immediately upon downgrade
• Accounts may be suspended for repeated payment failures across multiple billing cycles
• You may update payment methods at any time through your account settings

Service Limitations and Disclaimers

6.1 Data Sources and Accuracy

Pelagic aggregates data from multiple sources including:

• Australia's Bureau of Meteorology (BOM) for weather, swell, and tide data
• User-submitted dive condition reports and marine life sightings
• Proprietary algorithms and prediction models
• Third-party mapping and geographic data providers

We do not guarantee the accuracy, completeness, or timeliness of any data. Third-party data sources may contain errors, experience outages, or become unavailable.

6.2 Conditions Assessments and Algorithmic Limitations

Pelagic uses complex algorithms to assess dive site conditions and provide visibility predictions. These systems process real-time environmental data including:

• Live swell height, period, and direction
• Wind speed and direction
• Tidal phases and currents
• Recent rainfall and runoff
• Historical turbidity patterns
• User-submitted condition reports

Despite this sophisticated modeling, you acknowledge that:

• Algorithms can fail: Our computational models may produce incorrect assessments due to data errors, modeling limitations, unusual environmental conditions, or system bugs
• Data sources can be wrong: We rely on third-party data (Bureau of Meteorology, weather stations, tide models) which may contain errors or become unavailable
• Localized conditions vary: Conditions at specific entry points, depths, or areas within a dive site may differ significantly from our general site assessment
• Rapid changes occur: Environmental conditions can deteriorate within minutes, making even recent assessments unreliable
• Unknown variables exist: Factors we cannot measure or predict (plankton blooms, pollution, unusual currents, marine life behavior) may create hazardous conditions
• Red/orange/green ratings are not safety determinations: These are relative condition indicators, not certifications of safety

6.3 Visibility Predictions - Experimental Technology

Our Azure visibility prediction system is experimental technology that estimates underwater visibility based on environmental modeling. You acknowledge that:

• Visibility predictions are rough estimates that may be highly inaccurate
• Actual visibility may be significantly better or worse than predicted
• These predictions should be used for general planning only, never for safety decisions
• Historical accuracy data is available on request but does not guarantee future performance

6.4 User-Generated Content

Dive reports and marine life sightings are submitted by users. We:

• Do not verify the accuracy of user submissions
• Cannot guarantee users have appropriate expertise to assess conditions
• May moderate or remove inappropriate content but are not responsible for user errors
• Reserve the right to use submitted data to improve our algorithms and predictions

6.5 Service Availability

We strive to maintain platform availability but:

• Do not guarantee uninterrupted access to the platform
• May experience downtime for maintenance, updates, or technical issues
• Will provide advance notice for planned maintenance where reasonably possible
• May suspend or discontinue features with reasonable notice, except in emergencies
• Will provide refunds or credits for extended outages as set out in Section 5.4
• Are not liable for losses resulting from service interruptions, except as required by ACL
• Third-party data sources (BOM, etc.) may become unavailable affecting platform functionality

6.6 Geographic Limitations

Pelagic currently focuses on Australian dive sites, primarily in the Sydney region. Coverage varies by location and:

• Some areas may have limited or no dive site data
• Visibility predictions are not available for all regions
• Data density and quality varies by location
• We may expand or reduce geographic coverage without notice

User Conduct and Responsibilities

7.1 Acceptable Use

You agree to use Pelagic only for lawful purposes and in accordance with these terms. You will not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or attempt to compromise platform security
• Use the platform to harass, defame, or harm others
• Submit false, misleading, or inaccurate information
• Interfere with other users' access to the platform
• Use automated tools to access the platform without permission

7.2 Content Submission

When submitting dive reports or marine life sightings:

• You grant Pelagic a perpetual, royalty-free license to use, display, and analyze your submissions
• You confirm that your submissions are accurate to the best of your knowledge
• You will not submit offensive, illegal, or inappropriate content
• You understand that submissions may be visible to other users
• You retain ownership of photos you upload but grant us usage rights

7.3 Prohibited Activities

The following activities will result in immediate account termination:

• Attempting to hack, exploit, or gain unauthorized access to our systems
• Deliberately submitting false reports to manipulate predictions or mislead users
• Creating multiple accounts to circumvent restrictions
• Impersonating Pelagic staff or other users
• Using the platform to promote competing services

Privacy and Data Protection

8.1 Privacy Law Compliance

We are committed to protecting your privacy in accordance with applicable privacy laws, including:

• Australian users: Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)
• California users: California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
• Other US states: Applicable state privacy laws including Virginia CDPA, Colorado CPA, Connecticut CTDPA, and others

Our complete Privacy Policy is available on our website and should be read in conjunction with these terms.

8.2 Information Collection

We collect the following types of information:

• Account information: Email address, name, payment details (processed securely via Stripe)
• Usage data: Features accessed, dive reports submitted, marine life sightings, locations viewed
• Technical data: IP address, browser type, device information, access times
• Location data: When you submit dive reports or sightings (with your consent)
• Communications: Support requests, feedback, and correspondence with us

8.3 How We Use Your Data

We use your data to:

• Provide and improve platform services and visibility predictions
• Process payments and manage subscriptions
• Send service-related communications (subscription renewals, technical updates)
• Improve visibility prediction algorithms using anonymized usage patterns
• Detect and prevent fraud, terms violations, and security threats
• Send optional marketing communications (only with your explicit consent)
• Comply with legal obligations and respond to lawful requests

We do not sell your personal information to third parties.

8.4 Data Security

We implement reasonable security measures to protect your data, including:

• Encryption of data in transit using SSL/TLS
• Secure password storage using industry-standard hashing
• Payment data processed securely via Stripe (PCI DSS compliant)
• Regular security audits and updates
• Access controls limiting who can view your personal data

However, no internet transmission is completely secure. You acknowledge that you transmit data at your own risk.

8.5 Data Retention

We retain your personal data:

• Active accounts: For the duration of your account plus 30 days after deletion
• Payment records: For 7 years as required by tax law (Australia) or as required by state law (US)
• Anonymized usage data: Indefinitely for platform improvement
• Marketing communications: Until you unsubscribe or request deletion

8.6 Your Privacy Rights

Australian Users (Privacy Act 1988):

• Request access to your personal data
• Request correction of inaccurate or incomplete data
• Request deletion of your personal data (subject to legal retention requirements)
• Lodge a complaint with the Office of the Australian Information Commissioner (OAIC)

California Users (CCPA/CPRA):

• Right to Know: Request disclosure of personal information we collect, use, and disclose
• Right to Delete: Request deletion of your personal information (with certain exceptions)
• Right to Correct: Request correction of inaccurate personal information
• Right to Opt-Out: We do not sell personal information, but you can opt-out of data sharing for targeted advertising
• Right to Non-Discrimination: You will not be discriminated against for exercising your privacy rights
• Right to Limit: Request limitation of use of sensitive personal information

Other US State Users: Depending on your state, you may have additional privacy rights under state law. Contact us to exercise your rights.

To exercise these rights, contact us through your account settings or via email.

8.7 Data Breach Notification

In the event of a data breach:

• Australian users: We will notify affected users and the Office of the Australian Information Commissioner (OAIC) as required by the Privacy Act
• US users: We will notify affected users and relevant state authorities as required by applicable state data breach notification laws
• We will provide information about the breach and steps you can take to protect yourself
• We will take immediate action to contain and remediate the breach

8.8 Third-Party Data Sharing

We do not sell your personal data. We may share your data with:

• Payment processors: Stripe (for payment processing only)
• Service providers: Hosting providers, email services (under strict confidentiality agreements)
• Legal authorities: When required by law or to protect our legal rights

8.9 International Data Transfers

Current operations: All data is currently stored on Australian servers. We do not transfer data internationally.

Future expansion: If we expand to use US-based servers or services, we will:

• Update this policy and notify affected users
• Ensure appropriate safeguards are in place for international transfers
• Comply with cross-border data transfer requirements under applicable privacy laws

8.10 Cookies and Tracking

We use essential cookies for platform functionality and optional analytics cookies (with your consent). You can manage cookie preferences in your browser settings.

Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective:

• Immediately upon posting for non-material changes (e.g., clarifications, formatting)
• 30 days after notification for material changes affecting your rights or obligations
• Immediately for urgent security, legal compliance, or safety changes

We will notify you of material changes via email or prominent notice on the platform. Continued use of Pelagic after changes constitutes acceptance of modified terms. If you do not agree to changes, you must discontinue use and may cancel your subscription for a pro-rata refund if the changes materially reduce your rights.

Termination

10.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting us to request account deletion

Access to premium features ends at the conclusion of your paid billing period. Your data will be retained for 30 days before permanent deletion, during which you may request a copy.

10.2 Termination by Pelagic

We may terminate or suspend your account for:

• Immediate termination (without notice): Violation of these terms, fraudulent activity, illegal use, abuse of platform or users
• Termination with 30 days notice: Operational reasons, discontinuation of service, non-payment after multiple attempts
• Temporary suspension: Pending investigation of suspected terms violations

We will provide notice where reasonably possible, except where immediate action is required to protect the platform or other users.

10.3 Effect of Termination

Upon termination:

• Your access to premium features is immediately revoked
• No refunds are provided for violations; refunds for other terminations as per Section 5.4
• We will retain your data for 30 days before deletion (see Section 4.7)
• You may request a copy of your data within this 30-day period
• Provisions regarding liability, intellectual property, indemnification, and confidentiality survive termination

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW IN YOUR JURISDICTION, AND SUBJECT TO NON-WAIVABLE CONSUMER PROTECTION RIGHTS:

• PELAGIC AND ITS OPERATORS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
• THIS INCLUDES DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING FROM PLATFORM USE
• OUR TOTAL LIABILITY FOR ALL CLAIMS (EXCLUDING LIABILITY THAT CANNOT BE EXCLUDED BY LAW) SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR SUBSCRIPTION IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER
• THESE LIMITATIONS DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT

11.1 Jurisdiction-Specific Limitations

Australian Users: Where liability cannot be excluded under the Australian Consumer Law, it is limited as set out in Section 1.1 of these terms. Nothing in these terms excludes your non-excludable statutory rights under the ACL.

US Users: Some states do not allow the exclusion or limitation of incidental or consequential damages. If your state law prohibits such limitations, they do not apply to you. However, we are not liable for indirect or consequential damages to the extent permitted by your state law.

New Jersey Users: New Jersey law does not permit limitations on liability for certain consumer transactions. To the extent New Jersey law applies, limitations on liability may not apply.

Indemnification

You agree to indemnify, defend, and hold harmless Pelagic and its operators, employees, contractors, and affiliates from claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your violation of these Terms and Conditions
• Your misuse of the platform or breach of applicable laws
• Content you submit to the platform
• Your violation of third-party rights (including intellectual property rights)
• Your negligence or willful misconduct

Limitations: This indemnification does not apply where claims arise from:

• Our negligence or breach of these terms
• Our breach of non-excludable consumer guarantees under the Australian Consumer Law
• Our failure to comply with applicable laws

Governing Law, Jurisdiction, and Dispute Resolution

13.1 Governing Law by Jurisdiction

The laws that govern these terms depend on your location:

• Australian users: These terms are governed by the laws of New South Wales, Australia. Disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales. However, the Australian Consumer Law applies nationally regardless of which state or territory you reside in.
• United States users: These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions. However, your state's consumer protection laws may also apply and cannot be waived by choice of law provisions.

13.2 Dispute Resolution for US Users

Informal Resolution: Before filing any legal claim, you agree to first contact us to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.

Small Claims Court: Either party may bring an individual action in small claims court if the claim qualifies.

Class Action Waiver: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. However, this waiver does not apply where prohibited by law or where your state provides that class action waivers are unenforceable.

Arbitration (Optional): If informal resolution fails, either party may elect binding arbitration under the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in the state where you reside. However, you retain the right to litigate disputes in court if you opt-out of arbitration within 30 days of accepting these terms by notifying us in writing.

13.3 Dispute Resolution for Australian Users

Australian users may pursue disputes through:

• Direct contact with Pelagic for informal resolution
• Small claims tribunals in your state or territory
• Consumer protection agencies (e.g., NSW Fair Trading, ACCC)
• Courts of New South Wales, Australia

13.4 Severability

If any provision of these terms is found to be invalid, unenforceable, or in conflict with applicable consumer protection law, that provision shall be severed and the remaining provisions shall continue in full force and effect. If a class action waiver is found unenforceable, the arbitration agreement does not apply.

13.5 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or prevent unauthorized use of the platform, without first engaging in arbitration or informal dispute resolution.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Pelagic regarding your use of the platform and supersede all prior agreements, understandings, or representations.

Any verbal or written representations not contained in these terms or our Privacy Policy are not binding.

Contact Information

Contacting Pelagic

If you have questions about these Terms and Conditions, please contact us:

• Through your account settings support form
• Via email (contact details available on the platform)

Privacy Complaints

Australian Users:

• Step 1: Contact us first - we will investigate and respond within 30 days
• Step 2: If you're unsatisfied with our response, contact the Office of the Australian Information Commissioner (OAIC):
  • Website: www.oaic.gov.au
  • Phone: 1300 363 992
  • Email: enquiries@oaic.gov.au

California Users:

• For CCPA/CPRA requests: Use our dedicated privacy request form (link available on platform)
• California Attorney General's Office: oag.ca.gov

Other US State Users:

• Contact your state Attorney General's consumer protection division
• File a complaint with the Federal Trade Commission (FTC): ftc.gov/complaint

Consumer Rights Information

Australian Users:

• Australian Competition and Consumer Commission (ACCC): www.accc.gov.au
• Your state or territory Fair Trading office

US Users:

• Federal Trade Commission (FTC): consumer.ftc.gov
• Your state's Attorney General consumer protection division
• Better Business Bureau: www.bbb.org