Last Updated: January 22, 2026 Effective Date: January 22, 2026
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AGREEMENT TO TERMS
This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User" or "you") and Visivo, LLC ("Company," "we," "us," or "our"), a Florida limited liability company, for your use of the Spearo Tracker mobile application ("App").
BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THIS EULA. If you do not agree to these terms, do not download, install, or use the App.
This EULA supplements our Terms of Service and Privacy Policy, which are incorporated herein by reference.
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LICENSE GRANT
Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to:
• Download and install the App on mobile devices that you own or control • Use the App for your personal, non-commercial purposes • Access features according to your subscription tier (Free or Pro)
This license does not include the right to:
• Sublicense, sell, rent, lease, or distribute the App • Modify, adapt, translate, or create derivative works • Reverse engineer, decompile, disassemble, or attempt to derive source code • Remove, alter, or obscure any proprietary notices or labels • Use the App for any commercial purpose without written permission
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SUBSCRIPTION SERVICES
3.1 Free Tier
The free version includes limited features as described in our Terms of Service, including limits on dives, spots, and AI coaching analyses.
3.2 Pro Subscriptions
Pro subscriptions (Monthly, Yearly, or Lifetime) unlock additional features including unlimited dives, cloud backup, and enhanced AI coaching.
3.3 Auto-Renewal
• Pro Monthly and Pro Yearly subscriptions automatically renew unless cancelled • You will be charged through your Apple ID or Google Play account • Cancel anytime via your device's subscription settings • Cancellation takes effect at the end of the current billing period
3.4 Payment
• Payment is charged to your account at confirmation of purchase • Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period • Your account will be charged for renewal within 24 hours prior to the end of the current period • Manage subscriptions and turn off auto-renewal in your Account Settings after purchase
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INTELLECTUAL PROPERTY
4.1 Our Ownership
The App, including all content, features, functionality, design, graphics, trademarks, and intellectual property, is owned by Visivo, LLC and protected by copyright, trademark, and other intellectual property laws.
4.2 Your Content
You retain ownership of all dive logs, photos, and personal data you create within the App. By using the App, you grant us a limited license to store, process, display, and backup your content solely to provide the App's services.
4.3 Feedback
Any feedback, suggestions, or ideas you provide about the App may be used by us without obligation or compensation to you.
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USER RESPONSIBILITIES
5.1 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
5.2 Accurate Information
You agree to provide accurate, current, and complete information when using the App.
5.3 Compliance with Laws
You agree to use the App in compliance with all applicable laws, including fishing regulations, marine protection laws, and local diving restrictions.
5.4 Prohibited Conduct
You may not:
• Use the App to facilitate illegal fishing, poaching, or harvesting of protected species • Share locations of protected marine areas or endangered species • Attempt to circumvent subscription limitations or security measures • Use automated systems to access the App • Interfere with or disrupt the App's operation
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IMPORTANT SAFETY DISCLAIMER
PLEASE READ THIS SECTION CAREFULLY.
6.1 Not a Safety Device
SPEARO TRACKER IS A LOGGING AND TRACKING TOOL ONLY. The App is NOT:
• A dive computer or depth gauge • A safety monitoring or emergency device • A substitute for proper freediving training and certification • A replacement for professional dive planning • Medical or emergency equipment
6.2 Assumption of Risk
Freediving and spearfishing are inherently dangerous activities that can result in serious injury or death. By using this App, you acknowledge and agree that:
• You participate in diving activities entirely at your own risk • You are solely responsible for your safety and the safety of others • You have received proper training and certification for freediving activities • You will always dive with a trained buddy and never dive alone • You understand the risks including but not limited to: shallow water blackout, drowning, decompression sickness, marine life encounters, and equipment failure
6.3 No Reliance
DO NOT RELY ON THIS APP FOR SAFETY-CRITICAL DECISIONS. The App may contain errors, inaccuracies, or experience technical failures. Always use certified dive equipment, follow established safety protocols, and consult qualified instructors.
6.4 AI Coaching Limitations
AI coaching features provide general informational suggestions only and are NOT a substitute for professional instruction. AI recommendations should be verified with certified freediving instructors and medical professionals.
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DISCLAIMERS
7.1 "As Is" Basis
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
7.2 No Warranties
We expressly disclaim all warranties including but not limited to:
• Merchantability • Fitness for a particular purpose • Non-infringement • Accuracy or reliability of information • Uninterrupted or error-free operation
7.3 Third-Party Services
The App integrates with third-party services (maps, weather, AI) that are subject to their own terms and may be unavailable at times. We are not responsible for third-party service availability or accuracy.
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LIMITATION OF LIABILITY
8.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISIVO, LLC BE LIABLE FOR:
• Personal injury, disability, or death resulting from diving activities • Indirect, incidental, special, consequential, or punitive damages • Loss of data, profits, goodwill, or business opportunities • Damages arising from your reliance on App data or AI recommendations • Damages exceeding the amount you paid for the App in the past 12 months
8.2 Essential Purpose
Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
8.3 Basis of the Bargain
You acknowledge that the limitations in this section are essential elements of this Agreement and that we would not provide the App without these limitations.
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INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Visivo, LLC and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
• Your use of the App • Your violation of this EULA • Your diving or spearfishing activities • Your violation of any third-party rights • Content you submit through the App
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TERM AND TERMINATION
10.1 Term
This EULA is effective until terminated by you or us.
10.2 Termination by You
You may terminate this EULA at any time by:
• Deleting your account within the App • Uninstalling the App from all your devices • Cancelling any active subscriptions
10.3 Termination by Us
We may suspend or terminate your license if you:
• Violate any provision of this EULA • Engage in fraudulent or illegal activity • Fail to pay subscription fees when due
10.4 Effect of Termination
Upon termination:
• Your license to use the App ends immediately • You must uninstall and delete all copies of the App • Your data will be handled according to our Privacy Policy • Sections 4-9, 11, and 12 survive termination
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GOVERNING LAW AND DISPUTES
11.1 Governing Law
This EULA is governed by the laws of the State of Florida, United States, without regard to conflict of law principles.
11.2 Dispute Resolution
Before filing any legal claim, you agree to contact us at info@visivoagency.com and attempt to resolve the dispute informally for at least 60 days.
11.3 Jurisdiction
Any disputes not resolved informally shall be subject to the exclusive jurisdiction of the state and federal courts located in Duval County, Florida.
11.4 Class Action Waiver
To the extent permitted by law, you waive any right to participate in class action lawsuits or class-wide arbitration against us.
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GENERAL PROVISIONS
12.1 Entire Agreement
This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Visivo, LLC regarding the App.
12.2 Severability
If any provision of this EULA is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12.3 No Waiver
Our failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.
12.4 Assignment
You may not assign this EULA. We may assign our rights and obligations without restriction.
12.5 Amendments
We may update this EULA from time to time. Continued use of the App after changes constitutes acceptance of the revised EULA.
12.6 Contact Information
Visivo, LLC 6501 Arlington Expressway, B105 #2026 Jacksonville, FL 32211 United States
If you downloaded the App from the Apple App Store, the following terms also apply:
13.1 Acknowledgment
You acknowledge that this EULA is between you and Visivo, LLC only, and not with Apple Inc. ("Apple"). Visivo, LLC, not Apple, is solely responsible for the App and its content.
13.2 Scope of License
The license granted to you is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
13.3 Maintenance and Support
Visivo, LLC is solely responsible for providing any maintenance and support services for the App. Apple has no obligation to provide any maintenance or support services.
13.4 Warranty
Visivo, LLC is solely responsible for any product warranties, whether express or implied by law. 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 (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
13.5 Product Claims
Visivo, LLC, not Apple, is responsible for addressing any claims relating to the 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.
13.6 Intellectual Property Claims
In the event of any third-party claim that the App infringes that third party's intellectual property rights, Visivo, LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
13.7 Legal Compliance
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.
13.8 Third-Party Beneficiary
Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
13.9 Apple Contact
If you have any questions, complaints, or claims regarding the App, please contact:
BY USING SPEARO TRACKER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
You also acknowledge that:
• Freediving and spearfishing are dangerous activities • This App is not a safety device • You will not rely solely on this App for safety-critical decisions • You have read and agree to our Terms of Service and Privacy Policy