Terms of Use
Use Depth with judgment—and never as a substitute for freediving safety.
Freediving and breath-hold activities are inherently dangerous and can cause blackout, serious injury, permanent disability, or death. Never freedive alone. Depth is software, not a safety system.
Effective September 14, 2026 · Version 2026-09-14-r2.
1. Agreement
These Terms are a binding agreement between you and Depth Development, LLC, a Utah limited liability company ("Depth," "we," "us," or "our"), governing depth.blue and related applications, profiles, records, cards, features, content, and services (collectively, the "Service"). By creating an account, checking the acceptance box, accessing, or using the Service, you represent that you have read, understood, and agree to these Terms, the Privacy Policy, Cookie Policy, and Safety Disclaimer. If you do not agree, do not use the Service.
If you use the Service for an organization, you represent that you may bind it, and "you" includes that organization. You may not use the Service if prohibited by law.
2. Eligibility and Accounts
You must be at least 18 years old and legally able to contract to create an account. The Service is not directed to children under 13. Do not create an account for another person without authority. You must provide accurate information, protect your credentials, promptly update material changes, and notify us of suspected unauthorized access. You are responsible for activity through your account to the extent permitted by law.
3. Inherent Risk; Knowing Assumption of Risk
You understand and voluntarily accept that freediving, breath-hold training, pool training, diving, travel, competition, and related activity involve known and unknown risks, including hypoxia, loss of motor control, blackout, drowning, barotrauma, decompression illness, lung or neurological injury, panic, collision, entanglement, equipment failure, marine life, boats, currents, weather, environmental conditions, rescue failure, serious injury, disability, and death.
To the fullest extent permitted by law, you knowingly and voluntarily assume all risks arising from your decision to participate in such activities or to use, rely on, share, publish, or act upon Service information—including logs, personal bests, charts, calculations, rankings, locations, media, profiles, community information, reminders, or other tools—whether a risk is known, unknown, inherent, or caused in whole or part by your actions, another person, inaccurate information, technology failure, or the ordinary negligence of a Released Party.
4. Release and Covenant Not to Sue
To the fullest extent permitted by law, you release, waive, discharge, and covenant not to sue Depth Development, LLC and its present and former owners, members, managers, officers, employees, contractors, agents, affiliates, successors, assigns, licensors, service providers, and representatives (the "Released Parties") for claims, demands, causes of action, damages, losses, or liabilities arising from or related to the Service or a freediving-related decision or activity, including claims based on a Released Party's ordinary negligence.
This release does not apply to gross negligence, reckless or intentional misconduct, or any liability or right that cannot lawfully be released or waived. Nothing in these Terms waives nonwaivable consumer or privacy rights. You understand this section affects legal rights and is intended to be as broad as applicable law permits.
5. No Safety, Medical, or Professional Advice
Timers, goals, O2/CO2 tables, voice prompts, and pressure or lung-volume illustrations are general tools. Defaults, suggested values, and phase labels are not a personalized training prescription, a safe breath-hold limit, or an instruction to continue. These tools do not measure oxygen or carbon dioxide, monitor your condition, summon help, or replace a dive computer. Pressure and lung-volume models simplify real conditions and must not be used for decompression, gas planning, or medical decisions. Browser suspension, device failure, interruptions, and unavailable or delayed audio can affect operation. Never continue a breath hold while waiting for a timer or sound.
The Service does not provide medical diagnosis or advice, fitness-to-dive screening, coaching, instruction, certification, supervision, rescue, emergency monitoring, dive planning, legal advice, or professional safety advice. Content is general information and may be incomplete, delayed, inaccurate, or unsuitable for you. Depth does not verify that an athlete, buddy, instructor, record, dive, depth, time, location, condition, or technique is safe or authentic.
Never freedive alone. Obtain appropriate medical clearance and training, use qualified in-person safety support, follow recognized safety protocols, inspect equipment and conditions, and make conservative independent decisions. Do not use the Service during an emergency or while a device would distract from safety. Contact local emergency services immediately when needed.
6. User Content and Visibility
Records and certification details are user-submitted. Derived personal bests and comparisons can change after edits, deletions, settings changes, or conversions; they are not official competition results or federation rankings. An email-verified badge confirms email verification only, not identity, credentials, fitness, or achievement. Stored certificates and Depth Cards are not independently authenticated credentials, medical clearance, insurance, or evidence of event eligibility.
You retain ownership of content you submit, including profile information, photos, records, logs, notes, locations, links, and media ("User Content"). You grant Depth a worldwide, nonexclusive, royalty-free license to host, store, reproduce, process, adapt for technical formatting, display, and distribute User Content only as needed to operate, secure, improve, and provide the Service according to your settings and these Terms. The license ends when content is deleted, subject to reasonable backups, legal retention, prior authorized public use, and technical limitations.
You control the visibility settings offered by the Service. Your profile name, username, and uploaded profile and hero images remain public even when your profile is private. Certifications and their evidence are not displayed to other users. See the Privacy Policy for the scope of private information and retention after deletion. Public information may be indexed, copied, screenshotted, embedded, redistributed, or accessed by anyone, and changing it later may not remove third-party copies. Do not publish sensitive locations, routines, health details, or content you lack rights or permission to share. You represent that your User Content is accurate where accuracy matters, lawful, noninfringing, and does not violate another person's privacy or publicity rights.
7. Acceptable Use
Nothing in these Terms restricts lawful, honest reviews, reports to regulators or authorities, or other legally protected disclosures.
You may not misuse the Service; impersonate others; falsify credentials or records; encourage unsafe conduct; harass, threaten, exploit, or defraud; upload malware; probe or bypass security; scrape or access the Service by unauthorized automated means; overload infrastructure; reverse engineer except where law permits; violate privacy or intellectual-property rights; use another person's data outside their authorization; or use Service output to make automated eligibility, medical, employment, insurance, or other high-impact decisions.
We may investigate, remove content, restrict visibility, suspend or terminate access, preserve evidence, or cooperate with lawful authorities when we reasonably believe it is necessary to protect users, the public, Depth, or the Service.
8. Third Parties, Connections, and Sharing
Connections are not background checks or a promise of qualified buddy support. Connecting does not grant access to otherwise private profile fields. Your connection comparisons and team groupings are owner-only features. Blocking restricts supported account interactions; it does not prevent access to information available anonymously, through another account, or in copies held elsewhere.
The Service may link to or interoperate with athletes, organizations, events, media hosts, websites, and software not controlled by Depth. Their content, safety, availability, and practices are their responsibility. Connections, follows, profile references, or API access do not constitute endorsement, verification, supervision, or a safety relationship. Anyone using another person's information must have appropriate authority and a lawful purpose. The API information page describes planned functionality; it does not grant access or promise release dates. Any future API may require separate terms.
9. Service Changes and Availability
Profile and card URLs and QR codes depend on the current username, account status, and sharing settings. They can stop working or change destinations. Usernames are not permanent identifiers and may become available to someone else. Check the current destination before relying on or distributing a code, and replace old printed or saved links after changes.
We may add, change, suspend, or discontinue features; set usage limits; correct records; or make maintenance and security changes. We do not promise uninterrupted availability, preservation of content, compatibility, accuracy, or any particular result. Maintain independent copies of information you need. We may offer beta or experimental features that are especially subject to error and change.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, TOOLS, OUTPUT, AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND. THE RELEASED PARTIES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SAFETY, RELIABILITY, AVAILABILITY, AND RESULTS. DEPTH DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR THAT DATA WILL NOT BE LOST.
Some jurisdictions do not allow certain disclaimers, so they apply only to the extent permitted by applicable law.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; PERSONAL INJURY OR DEATH ARISING FROM FREEDIVING OR RELIANCE ON THE SERVICE; LOST PROFITS, REVENUE, GOODWILL, USE, OR DATA; OR UNAUTHORIZED ACCESS, SERVICE INTERRUPTION, OR THIRD-PARTY CONDUCT, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DEPTH FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US $100. These limits do not apply where prohibited by law and do not limit liability for gross negligence, reckless or intentional misconduct, or other liability that cannot lawfully be limited.
12. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless the Released Parties from third-party claims, liabilities, damages, judgments, and reasonable legal costs arising from your User Content, your unlawful or unsafe conduct, your misuse of the Service or another person's information, or your material breach of these Terms. This obligation does not require indemnification for a Released Party's own gross negligence, reckless conduct, intentional misconduct, or nonwaivable liability.
13. Suspension and Termination
You may stop using the Service and request account deletion. We may suspend or terminate access for breach, risk, legal requirements, discontinuation, or prolonged inactivity, using reasonable notice when practicable. Sections that by nature should survive—including ownership, public-content consequences, disclaimers, release, liability limits, indemnity, dispute terms, and records required by law—survive termination.
14. Utah Law and Courts
These Terms are governed by Utah law, without regard to conflict-of-law rules, except where the law of your residence mandatorily applies. You and Depth consent to exclusive jurisdiction and venue in the state and federal courts located in Utah for disputes arising from these Terms or the Service. Nothing here prevents either party from seeking emergency injunctive relief or using an eligible small-claims court. Mandatory rights and venue protections that apply to consumers remain unaffected.
15. Changes to These Terms
We may update these Terms as the Service or law changes. The effective date and version above identify the current text. We may also notify you through the Service or by email, and may require renewed acceptance for material changes. Changes apply prospectively from the stated effective date. Continued use after changes take effect constitutes acceptance where law permits; if you disagree, stop using the Service and request account deletion.
16. General Terms and Contact
Depth and its licensors retain rights in the Service software, design, branding, and content other than User Content. Subject to these Terms, you may use the Service for its intended purposes. No ownership of Depth trademarks or software is transferred. Third-party components remain subject to their applicable licenses.
Report suspected copyright infringement, impersonation, or privacy violations through the contact page or support@depth.blue. Include the affected URLs, the work or right involved, why you believe it is violated, your authority to report it, and contact details sufficient for a response. Provide accurate information and only necessary personal details. We may request further information and disclose details needed to investigate or respond to a complaint. We may disable disputed material and terminate repeat infringers in appropriate circumstances. You may use the same contact to request review of a moderation decision.
These Terms and incorporated policies are the entire agreement about the Service and supersede prior discussions. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder remains effective. A failure to enforce is not a waiver. You may not assign these Terms without our consent; Depth may assign them in connection with a reorganization, financing, merger, sale, or transfer of the Service. Headings are for convenience.
Send legal notices or questions to Depth Development, LLC through the contact page or support@depth.blue. The contact form is not monitored for emergencies.