Terms and Conditions

Last Updated: January 29, 2026
Version: 1.2

1. Introduction and Acceptance

Welcome to Bommie, a dive site discovery and management mobile application designed for scuba divers, snorkelers, and marine enthusiasts. The Bommie mobile application (the "App") and www.bommie.app (the "Site") are owned and operated by Mayfly Ink Pty Ltd ACN 660 868 575 ("Mayfly Ink" or "Bommie"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("user" or "you") and Bommie ("we," "us," or "our") governing your access to and use of the Bommie mobile application and related services (collectively, the "Service").

By downloading, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

2. Critical Safety Notice and Assumption of Risk

By using Bommie, you acknowledge and agree that:

• Not a Safety Device: Bommie is a planning and discovery tool, not a safety device. It is not a substitute for professional training, local knowledge, or your own physical assessment of conditions.
• Data Accuracy: Weather scores, visibility predictions (“Bommie Pulse”) are estimates based on third-party data sources, algorithmic modeling and community sourced opinion. They may fail to reflect actual, real-time conditions.
• Community Opinion: User generated content is not vetted for accuracy, bias, or completeness, and relying on it carries the risk of encountering misleading, outdated, or potentially dangerous information (e.g. inaccurate descriptions of local regulations, beach patrol times, potential hazards).
• Assumption of Risk: You assume all risks associated with your diving activities. You are solely responsible for ensuring you have appropriate certification, equipment, and fitness to dive. You must independently verify conditions before entering the water.
• Not for Navigation: Maps and depth data provided within the Service are for general orientation only and must not be used for marine navigation.
• Local Regulations: You are responsible for checking and complying with all local regulations, including those related to swimming restrictions and fishing zones before entering the water or executing any dive.

3. Eligibility and Accounts

• Age Requirement: The Service is not directed to children under the age of 18. By using the Service, you represent that you are at least 18 years of age.
• Account Registration: To access certain features (such as bookmarks, posting, or Pro analytics), you must create an account via email/password or third-party authentication (Google).
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• Termination: You may delete your account at any time through the app settings. We reserve the right to suspend or terminate your account without notice and without refund if you violate these Terms.

4. Subscriptions and Payments

Bommie offers tiered access to the Service, including Free, Plus, and Pro tiers.

• Payment Processing: Payments are processed directly by the applicable app store (Apple App Store or Google Play) via our third-party facilitator, RevenueCat. We do not store your full payment information.
• Plus Tier (One-Time Payment): The Plus tier is a one-time purchase granting access to premium features such as detailed site descriptions, advanced filters and content creation tools. This is a non-recurring charge.
• Pro Tier (Subscription): The Pro tier involves a recurring subscription fee for access to advanced weather intelligence (Bommie Pulse) including visibility prediction scoring.
• Automatic Renewal: Pro subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. Management of subscriptions and cancellations must be done through your Google Play account settings.
• Refunds: All refund requests must be directed to the Google Play Store and are subject to their respective policies.
• Unverified Account Deletion: Unverified accounts may be subject to deletion at our discretion. Once an account is deleted, the associated email address may be used to create a new account.
• Fees and Charges: We can change fees/charges for the Service at any time, notifying you in advance as required by law. Continuing to use the Service after a price change means you agree to the new amount. Price changes won't affect current Subscriptions until the next Renewal Date. If you disagree, cancel your Subscription in your account settings or email support@mayfly.ink.

5. Intellectual Property

• Bommie Ownership: The Service, including its source code, "Bommie Pulse" weather scoring algorithms, visual interfaces, and text, is the proprietary property of Bommie and is protected by copyright and intellectual property laws.
• Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use.
• Prohibited Use: You may not copy, modify, scrape, reverse engineer, or distribute any part of the Service or its data (including map tiles and weather scores) without our prior written consent.

6. User-Generated Content (UGC) and Conduct

• Ownership: You retain ownership of the photos, videos, posts you submit to the Service.
• License to Bommie: By submitting content, you grant Bommie a worldwide, royalty-free, perpetual, non-exclusive license to use, display, reproduce, and modify your content in connection with the operation and promotion of the Service.
• User Feedback: We appreciate your input as it helps us improve our Service. By offering Bommie any feedback or suggestions about the Service ("Feedback"), you agree that we have the unrestricted right to use this Feedback in any way we see fit. Please note that any Feedback you provide is not considered confidential or proprietary to you. Therefore, we ask that you avoid submitting any information or ideas you deem confidential or proprietary.
• User Responsibility: You warrant that you own the content you submit and that it does not violate the rights of any third party or any applicable laws. You agree not to post content that is illegal, offensive, defamatory, or dangerous, nor will you submit false or misleading information, violate any applicable laws or regulations, infringe on intellectual property rights, harass, abuse, or harm other users, distribute spam or malicious content, attempt to gain unauthorized access to our systems, or use the Service for commercial purposes without permission.
• Public Information: All content added by users, including site information, photos, posts may become public and can be seen by other people on and off the Service.
• Content Moderation: We reserve the right to remove any User-Generated Content at our sole discretion without notice.

7. Offline Functionality

The Service includes offline capabilities, allowing cached data (such as map regions and site info) to persist for up to 7 days. You acknowledge that:

• Offline data may become outdated.
• We do not guarantee the availability or accuracy of cached data when you are without a network connection.
• Certain features (e.g., live weather scoring) require an active internet connection.

8. Third-Party Services

The Service utilizes third-party providers, including Google Maps for mapping, Open-Meteo for weather data, and Appwrite for backend services. Your use of the Service is also subject to the terms and privacy policies of these third parties.

9. Availability And Modification of Service

While we strive to provide the best possible service, we do not guarantee that the Service will meet all your requirements, be entirely fault-free or remain available in perpetuity.

• Reporting Faults and Maintenance: If you encounter a fault with the Service, please report it to us at support@mayfly.ink. We will review the feedback or complaint and, where deemed appropriate, correct the issue. Access to the Service may be temporarily suspended to address faults or to allow for repairs, maintenance, or the introduction of new features or Services. We will restore the Service as quickly as is reasonably possible. We will not be held liable if the Service is unavailable for a commercially reasonable period.
• Updates and Discontinuation: You acknowledge and agree that we reserve the right to update, modify, or temporarily or permanently discontinue any features or functionality within the Service, with or without prior notice.

10. Disclaimers and Limitation of Liability

10.1. "As Is" and "As Available" Basis

To the fullest extent permitted by applicable law, the service, including the "Bommie Pulse" algorithms, map data, and user-generated content, is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information provided through the service, and any reliance you place on such information and/or data is therefore strictly at your own risk.

10.2. Assumption of Risk and Safety Warning

• No Safety Guarantees: You understand that Bommie is a discovery and planning tool, not a safety device. The Service does not assess your physical fitness, certification level, or equipment suitability.
• Independent Judgment: You acknowledge that you are solely responsible for your own safety. You must exercise independent professional judgment and verify conditions physically before entering the water. You agree not to rely solely on the Service for safety decisions.

10.3. Accuracy of Data and Algorithmic Predictions

The Service utilizes third-party data and proprietary algorithms (including "Bommie Pulse") to estimate dive conditions. You acknowledge that:

• Algorithmic Limitations: Weather scores (0-100), visibility predictions (1-6 stars), and "Best Window" suggestions are theoretical estimates based on data points such as wind speed, swell period, and cloud cover. These algorithms may fail to account for local anomalies, sudden weather changes, or specific site geography.
• Real-World Conditions: Actual real-world conditions may differ significantly from the data provided in the App. A high "Bommie Pulse" score does not guarantee safety, nor does a low score guarantee danger.
• Not for Navigation: Maps, depth data, and GPS coordinates provided within the Service are for general recreational orientation only and must not be used for marine navigation or precision positioning.

10.4. Offline and Cached Data

Bommie allows for the caching of map regions and site information for offline use. You acknowledge that:

• Data Latency: Cached data may persist on your device for up to 7 days and may become outdated, inaccurate, or unsafe during that period.
• No Updates: We cannot provide safety alerts, updated weather scores, or hazard warnings while your device is offline. Reliance on cached data is strictly at your own risk.

10.5. Third-Party and User Content

• User Materials: The Service contains content submitted by users (e.g., potential hazards, site descriptions, photos). We do not verify the accuracy or safety of User-Generated Content and serve only as a passive conduit for such distribution. We are not liable for any inaccuracies or misrepresentations in content posted by other users.
• External Data: Weather data is sourced from third parties (e.g., Open-Meteo). We are not liable for errors, omissions, or service interruptions caused by these third-party providers.

10.6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), UNDER NO CIRCUMSTANCES WILL BOMMIE, ITS AFFILIATES, OFFICERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO BOMMIE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100 AUD).

10.7. Jurisdictional Exclusions

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for certain damages. Accordingly, some of the above limitations may not apply to you. If you are a resident of Australia, nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy implied or imposed by the Australian consumer law which cannot be lawfully excluded or limited.

11. Indemnification

You agree to indemnify, defend, and hold harmless Bommie, its officers, directors, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Governing Law

These Terms are governed by the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts located within Australia for the resolution of any disputes.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App or via email. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15. Contact Us