Terms and Conditions

Last Updated: July 8, 2026
Version: 1.4

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:

1. 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.
2. 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.
3. 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is not vetted for accuracy, bias, or completeness, and relying on it carries the risk of encountering misleading, outdated, or potentially dangerous information (e.g. inaccurate descriptions of local regulations, beach patrol times, potential hazards).
4. 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.
5. Not for Navigation: Maps and depth data provided within the Service are for general orientation only and must not be used for marine navigation.
6. 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

1. Age Requirement: The Service is not directed to children under the age of 16. By using the Service, you represent that you are at least 16 years of age.
2. 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 or Apple).
3. Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
4. 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.
5. Legal Compliance: By using the Service, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties

4. Subscriptions and Payments

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

1. Payment Processing: Payments are processed directly by the applicable app store (Google Play or Apple App Store) via our third-party facilitator, RevenueCat. We do not store your full payment information.
2. 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 community generated content. This is a non-recurring charge.
3. Pro Tier (Subscription): The Pro tier involves a recurring subscription fee for access to advanced weather intelligence (Bommie Pulse) including weather conditions and visibility prediction scoring.
4. 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 or Apple App Store account settings.
5. Refunds: All refund requests must be directed to the Google Play or Apple App Store and are subject to their respective policies.
6. 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.
7. 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@bommie.app.

5. Intellectual Property

1. 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.
2. Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install and use the App on any mobile device that you own or control. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, you will only use the App on an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. If you access or download the App from the Google Play Store, you may have additional license rights with respect to your use of the App in accordance with Google Play's terms.
3. 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

1. Ownership: You retain ownership of the photos, videos, posts, reviews you submit to the Service.
2. 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.
3. 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.
4. 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.
5. Public Information: All content added by users, including site information, photos, videos, posts, reviews may become public and can be seen by other people on and off the Service.
6. 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:

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

8. Third-Party Services and Data Licenses

The Service utilises third-party providers and open data sources, including MapLibre, OpenFreeMaps, and OpenStreetMap for mapping and satellite imagery, the State Government of NSW for bathymetry data, Open-Meteo for weather data, Appwrite for backend services, the Copernicus Data Space Ecosystem for environmental, atmospheric, and marine data, and Google Cloud Translation API for translation services. Your use of the Service is subject to the terms, conditions, and privacy policies of these third parties. You must comply with all applicable third-party terms of agreement when using the App.

1. Mapping Services (OpenStreetMap, OpenFreeMaps, and MapLibre): Base maps and satellite imagery are rendered using MapLibre open-source software and are sourced from OpenFreeMaps and OpenStreetMap. OpenStreetMap data is distributed under the Open Database License (ODbL). For more information regarding OpenStreetMap's data sources and the ODbL, please visit www.openstreetmap.org/copyright.
2. NSW Marine LiDAR Topo-Bathy Data: The maps include a data layer displaying NSW bathymetry sourced from marine lidar surveys. This data is provided under a Creative Commons Attribution license. © State Government of NSW and NSW Department of Climate Change, Energy, the Environment and Water 2019, NSW Marine LiDAR Topo-Bathy 2018 Geotif, accessed from The Sharing and Enabling Environmental Data Portal [ https://datasets.seed.nsw.gov.au/dataset/45089194-912d-4ecf-8200-969e0796afee]. The State of New South Wales and its custodial agencies disclaim all responsibility and liability (including without limitation, liability in negligence) for all expenses, losses, damages, and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason.
3. Open-Meteo: Weather data sourced from Open-Meteo is provided under the Attribution 4.0 International (CC BY 4.0) license.
4. Copernicus Data: The Service uses modified Copernicus Sentinel Data and Copernicus Service Information (which may include the Copernicus Marine Environment Monitoring Service and Copernicus Climate Change Service). Access to this data is regulated under EU law and Copernicus data policies, which grant free, full, and open access to the data.
5. Google Cloud Translation API: Google Translate is used to power the translation of user reviews and dive site information within the application. For more information, please visit the Cloud Translation site at https://cloud.google.com/translate

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.

1. Reporting Faults and Maintenance: If you encounter a fault with the Service, please report it to us at support@bommie.app. 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.
2. 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

1. 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.
2. 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:

1. Algorithmic Limitations: Weather scores (0-100), visibility predictions (metres), 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.
2. 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.
3. Not for Navigation: Maps, depth data, distance tools, 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:

1. Data Latency: Cached data may persist on your device for up to 7 days and may become outdated, inaccurate, or unsafe during that period.
2. 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 Data Disclaimers & User Content

Weather, marine, and environmental data are sourced from third parties, including Open-Meteo and the Copernicus Data Space Ecosystem. All such third-party data is provided strictly on an “as is” basis, without any express or implied warranty regarding its quality, accuracy, completeness, or suitability for any purpose. We are not liable for errors, omissions, or service interruptions caused by these third-party providers.

1. Open-Meteo Liability Waiver: Open-Meteo assumes no responsibility for any inaccuracies or omissions in the data, their availability, or any losses or damages resulting from their usage. Open-Meteo disclaims all liability under their terms of use, whether arising from contract, tort, or any other cause.
2. Copernicus Liability Waiver: By using the Service, you acknowledge and agree that the organisations in charge of the Copernicus programme by law or by delegation (including but not limited to the European Union, the European Commission, the European Space Agency (ESA), EUMETSAT, Mercator Ocean International, and the European Centre for Medium-Range Weather Forecasts (ECMWF)) do not incur any liability for any use made of the Copernicus Sentinel Data or Copernicus Service Information. You explicitly renounce any claims for damages against the European Union and the providers of said data and information. The scope of this waiver encompasses any dispute, including contracts and tort claims, that might be filed in court, in arbitration, or in any other form of dispute settlement.
3. Google Translation Liability Waiver: The Service contains content that has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the App, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from the source language into any other language.
   THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
4. User Materials: The Service contains content submitted by users (e.g., potential hazards, site descriptions, photos, videos, reviews). 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.

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

16. Supplemental Terms for Apple App Store Sourced Applications

The following supplemental terms apply only to users who access or download the App from the Apple App Store. If you downloaded the App from the Google Play Store, these specific provisions do not apply to you:

1. Acknowledgement: You acknowledge and agree that these Terms are concluded between you and Bommie only, and not Apple, and that Bommie, not Apple, is solely responsible for the App Store Sourced Application and content thereof.
2. Maintenance and Support: Bommie is solely responsible for providing any maintenance and support services with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
3. Warranty: 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 for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Bommie
4. Product Claims: You acknowledge that Bommie, not Apple, is responsible for addressing any claims of the user or any third party relating to the App or the user's possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
5. Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Bommie, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6. Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions 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 thereof