Deco Captain — Terms of Use
Effective Date: March 5, 2026
Version: 1.0.0
These Terms of Use ("Terms") govern your access to and use of the Deco Captain mobile application ("App"), developed and operated by Aquatic Instruments LLC ("Company," "we," "us," or "our"), a Washington State limited liability company. By downloading, installing, or using the App, you agree to be bound by these Terms in full. If you do not agree, do not use the App.
1. Description of Service
Deco Captain is a scuba diving decompression planning application designed for technical divers. The App computes theoretical decompression profiles based on user-provided inputs, including but not limited to depth, time, gas mixtures, and gradient factors. These profiles are estimates of physiological decompression requirements based on open literature and are not validated for clinical or operational use.
The App is intended as a planning tool only. It is not a dive computer and is not intended for in-water use. The App does not monitor, control, or respond to real-time dive conditions. The App is not designed, manufactured, or certified as life-support equipment or for use in any safety-critical or mission-critical system.
Certain features of the App may be designated as experimental or beta. Such features are provided without any additional warranty beyond what is stated in these Terms and may contain errors, produce unexpected results, or be modified or removed without notice.
2. Eligibility
The App is intended only for individuals who are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. By using the App, you represent and warrant that you meet this age requirement and are legally capable of entering into a binding agreement. If you do not meet this age requirement, you may not use the App.
3. Assumption of Risk
Scuba diving — and technical diving in particular — is an inherently dangerous activity that carries significant risks, including but not limited to decompression sickness, arterial gas embolism, oxygen toxicity, drowning, and death. By using the App, you knowingly and voluntarily assume all risks associated with scuba diving and the use of decompression planning software, whether known or unknown, foreseeable or unforeseeable.
You understand that no decompression algorithm or planning tool can eliminate the risk of decompression illness or other dive-related injury, and that individual physiological responses to pressure and gas exposure vary and are unpredictable. Use of the App does not guarantee safety or prevent decompression illness. You acknowledge that you are not relying on the App or any information within it as a guarantee of safety or performance.
To the fullest extent permitted by applicable law, you release and discharge the Company, its officers, directors, members, employees, agents, and affiliates from any and all claims, demands, and causes of action arising from your diving activities or your use of the App. This release does not apply to any liability that cannot be excluded or limited under applicable law.
4. Not a Substitute for Training or Professional Judgment
The App is not a substitute for proper dive training, certification, experience, or professional judgment. You are solely responsible for ensuring that you possess the necessary training, skills, certifications, and physical fitness required for any dive you plan or undertake.
You should always exercise independent judgment, follow recognized standards of safe diving practice, verify all decompression plans against independent sources, and dive with appropriately qualified personnel. The App does not provide dive instruction, medical advice, or certification of any kind.
5. Medical Disclaimer
The App does not provide medical advice. Nothing in the App constitutes medical diagnosis, treatment recommendations, or medical clearance for diving. Users should consult a qualified physician knowledgeable in dive medicine before engaging in diving activities. You are solely responsible for determining your medical fitness to dive.
6. No Professional Relationship
Your use of the App does not create any professional, advisory, fiduciary, or special relationship between you and the Company. The Company does not provide professional services, advice, or guidance, and you remain solely responsible for your decisions and activities.
7. License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on any Apple-branded device that you own or control, for personal, non-commercial purposes, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, and subject to your compliance with these Terms.
8. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.
The developers, distributors, and affiliates of this software make no guarantees or warranties regarding the accuracy, completeness, or suitability of the decompression profiles, calculations, or any other information provided by the App. We do not warrant that the App will be error-free, uninterrupted, free of harmful components, or that defects will be corrected. The Company is under no obligation to update, correct, or maintain the App, and makes no representation that future updates will be issued or that any such updates will correct errors or improve functionality.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AQUATIC INSTRUMENTS LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF PROFITS, OR ANY OTHER DAMAGES — ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APP. NOTHING IN THESE TERMS SHALL LIMIT ANY NON-WAIVABLE RIGHTS YOU MAY HAVE UNDER APPLICABLE CONSUMER PROTECTION LAW.
10. Indemnification
You agree to indemnify, defend (at your expense), and hold harmless Aquatic Instruments LLC and its officers, directors, members, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees), whether arising in contract, tort, strict liability, or otherwise, arising out of or related to: (a) your use of the App; (b) any dive or diving activity planned, conducted, or informed by the App, including claims brought by third parties arising from your diving activities; (c) your violation of these Terms; or (d) your violation of any applicable law or regulation.
11. User Responsibilities
You are solely responsible for:
- Verifying all decompression plans and calculations produced by the App against independent sources before and during any dive.
- Ensuring all equipment, gas mixtures, and dive conditions are appropriate and safe.
- Complying with all applicable laws, regulations, and standards governing diving activities in your jurisdiction.
The App is not a dive computer and is not intended for in-water use. The Company assumes no responsibility for how the App's output is used, interpreted, or applied.
12. Intellectual Property
All intellectual property rights in and to the App — including but not limited to its code, design, graphics, trademarks, and content — are owned by or licensed to Aquatic Instruments LLC. Except for the limited license granted in Section 7, you may not copy, modify, distribute, reverse engineer, decompile, or create derivative works of the App, except as expressly permitted by applicable law.
13. Purchases and Payments
The App may be offered as a paid download through the Apple App Store. All purchases are processed by Apple and are subject to Apple's terms and conditions, including its refund policies. We do not directly process payment information. You agree to pay all applicable fees and charges associated with your purchase of the App.
14. Termination
We may suspend or terminate your access to the App at any time, with or without cause, and without prior notice or liability. Upon termination, your license to use the App shall immediately cease. The following sections shall survive termination: Assumption of Risk, Medical Disclaimer, No Professional Relationship, Disclaimer of Warranties, Limitation of Liability, Indemnification, User Responsibilities, Binding Arbitration and Class Action Waiver, and Governing Law.
15. Modifications to the App and Terms
We reserve the right to modify, update, suspend, or discontinue the App (or any part of it) at any time, with or without notice, and without liability to you.
We may revise these Terms from time to time. Updated Terms will be posted within the App or on our website with a revised effective date. Your continued use of the App following any changes constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
16. Binding Arbitration and Class Action Waiver
Please read this section carefully. It affects your legal rights.
16.1 Agreement to Arbitrate
You and Aquatic Instruments LLC agree that any dispute, claim, or controversy arising out of, relating to, or in connection with these Terms or the use of the App ("Dispute") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and shall be interpreted in accordance with it.
16.2 Arbitration Rules and Procedure
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. If AAA is unavailable, the parties shall mutually select an alternative arbitration forum. The arbitration shall take place in King County, Washington, or at another mutually agreed location (including by videoconference). The arbitrator's decision shall be final and binding and may be enforced in any court of competent jurisdiction.
16.3 Delegation Clause
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.
16.4 Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding.
16.5 Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE APP.
16.6 Severability of Arbitration
If the class action waiver in Section 16.4 is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void. If any other provision of this arbitration agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
16.7 International Enforceability
If any provision of this arbitration agreement is found to be unenforceable under the laws of your jurisdiction, any Dispute that would otherwise be subject to arbitration shall be resolved in the courts of competent jurisdiction as provided in Section 20 (Governing Law).
16.8 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to Aquatic Instruments LLC within 30 days of your first use of the App. The notice must include your name and a clear statement that you wish to opt out of this arbitration provision. Notices should be sent to: support@aquaticinstruments.com.
17. Export Compliance
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
18. Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, power outages, or government action.
19. Apple-Specific Terms
The following terms apply to your use of the App as downloaded from the Apple App Store:
- These Terms are between you and Aquatic Instruments LLC only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
- Apple has no obligation to furnish any maintenance or support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you (if applicable). To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
- Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including but not limited to product liability claims, consumer protection claims, or intellectual property infringement claims.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement, or discharge of any such claim.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
- You agree to comply with any applicable third-party terms of agreement when using the App.
20. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict-of-law principles. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington.
21. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
22. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Aquatic Instruments LLC with respect to your use of the App and supersede all prior agreements and understandings. Your use of the App is also governed by our Privacy Policy, available within the App and at https://www.decocaptain.com/privacy-policy.
23. Contact Information
If you have questions about these Terms, please contact us at:
Aquatic Instruments LLC