Terms of Service - Spearo Tracker


Last Updated: December 3, 2025
Effective Date: December 3, 2025


1. Acceptance of Terms

By downloading, installing, or using Spearo Tracker ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Visivo, LLC ("we," "us," or "our"), a Florida limited liability company.

2. Description of Service

Spearo Tracker is a comprehensive mobile application designed specifically for freedivers and spearfishers to:

Dive Logging:

  • Log dives with detailed performance metrics (depth, time, recovery)

  • Track descent/ascent speeds and surface intervals

  • Record water conditions (temperature, visibility, current)

  • Attach photos to dive entries

  • Add personal notes and observations

Dive Spot Management:

  • Save and organize dive locations with GPS coordinates

  • Rate and describe your favorite spots

  • View spots on an interactive map

  • Track which spots produce the best catches

Catch Tracking (Spearfishing):

  • Log fish species caught

  • Record weights and measurements

  • Attach photos of your catches

  • Track hunting success over time

Analytics & Insights:

  • View dive statistics and trends

  • Track personal records and improvements

  • Analyze dive frequency and patterns

  • Compare performance across time periods

Training (Breath-Hold):

  • Access pre-built O2 and CO2 training tables

  • Create custom training tables

  • Track training sessions and progress

  • Get AI-recommended training plans based on your goals

AI Coaching (Pro Feature):

  • Receive personalized dive analysis

  • Get feedback on technique and safety

  • Obtain training recommendations

  • Track coaching history and improvements

Cloud Sync (Pro Feature):

  • Backup data to secure cloud storage

  • Sync across multiple devices

  • Never lose your dive history

Platform Availability:

  • Android: Available on Google Play Store

  • Minimum Requirement: Android 5.0 (API 21) or higher

  • iOS: Not currently available

3. Account Registration

To use Spearo Tracker, you must:

  • Be at least 13 years old (or have parental consent)

  • Provide a valid email address

  • Create a secure password OR use Google Sign-In

  • Agree to these Terms and our Privacy Policy

You are responsible for:

  • Keeping your login credentials confidential

  • All activities that occur under your account

  • Notifying us immediately of any unauthorized access

  • Maintaining accurate account information

Account Security:

  • Use a strong, unique password

  • Do not share your account with others

  • Enable device security (PIN, fingerprint, etc.)

  • Log out when using shared devices

4. Subscription Plans & Pricing

4.1 Subscription Tiers

Free Tier:

  • Log up to 15 dives

  • Save up to 3 dive spots

  • 3 AI coaching analyses (lifetime total)

  • Upload up to 10 photos

  • Basic analytics (last 30 days only)

  • Local storage only (no cloud backup)

  • Access to pre-built training tables

Pro Monthly - $4.99 USD/month:

  • Unlimited dives

  • Unlimited dive spots

  • 20 AI coaching analyses per month

  • Unlimited photos

  • Advanced analytics (all-time data)

  • Cloud backup and sync

  • Export to PDF and CSV

  • Custom training tables

  • Priority email support

  • Automatically renews monthly

  • Cancel anytime (no penalty)

  • 14-day free trial available

Pro Yearly - $39.99 USD/year:

  • All Pro Monthly features

  • 240 AI coaching analyses per year (20/month)

  • 33% savings vs. monthly plan

  • Automatically renews yearly

  • Cancel anytime (no penalty)

  • 14-day free trial available

Pro Lifetime - $199.99 USD (one-time):

  • All Pro features forever

  • Unlimited AI coaching analyses

  • No recurring charges ever

  • Lifetime access to future updates

  • Founder recognition in credits

  • Non-refundable after 7 days

4.2 Consumable Add-On Purchases

Available to all users (including Free tier):

Product Price Credits AI Coaching Pack $4.99 10 analyses Photo Storage Pack $2.99 100 photos Premium PDF Export $1.99 1 export Offline Map Region $3.99 1 region

  • Consumable credits never expire

  • Credits are account-bound (not transferable)

  • Use across all your devices when signed in

4.3 14-Day Free Trial

Trial Eligibility:

  • Available for Pro Monthly and Pro Yearly subscriptions

  • One trial per Google Play account

  • Full access to all Pro features during trial

Trial Terms:

  • You will be charged on day 15 unless you cancel

  • Cancel anytime during trial at no cost

  • Cancel via Google Play Store (not in-app)

4.4 Pricing Changes

We may change pricing for new subscriptions:

  • Current subscribers are grandfathered at their original price

  • 30 days notice before any price change affects your subscription

  • You can cancel before the new price takes effect

  • Lifetime purchases are never affected by price changes

5. Payment & Billing

5.1 Payment Processing

All payments are processed by Google Play:

  • We do NOT store your credit card information

  • Google Play handles all billing, receipts, and refunds

  • Payment methods: Credit/debit cards, Google Pay, carrier billing

5.2 Auto-Renewal

Recurring Subscriptions (Monthly & Yearly):

  • Your subscription automatically renews unless cancelled

  • You'll be charged within 24 hours of renewal date

  • Renewal price may differ from introductory/trial price

  • No reminder email is sent (manage via Google Play Store)

How to Cancel Auto-Renewal:

  1. Open Google Play Store app

  2. Tap your profile icon > Payments & subscriptions > Subscriptions

  3. Select "Spearo Tracker Pro"

  4. Tap "Cancel Subscription"

  5. Follow the prompts to confirm

After Cancellation:

  • You keep Pro access until the end of your current billing period

  • No refund for unused portion of billing period

  • You revert to Free tier after expiration

  • Your data is preserved (within Free tier limits)

5.3 Failed Payments

If your payment fails:

  • Google Play will retry the charge for up to 7 days

  • 7-day grace period to update your payment method

  • Pro features remain active during grace period

  • After grace period, you revert to Free tier

  • Update payment: Google Play > Payments & subscriptions > Payment methods

5.4 Currency and Taxes

  • All prices shown in USD

  • Actual price may vary by region (localized by Google Play)

  • Applicable taxes added at checkout

  • We have no control over Google Play pricing conversions

6. Refunds & Cancellations

6.1 Refund Policy

Google Play's Standard Refund Policy Applies:

Purchase Type Refund Window Monthly/Yearly Subscription 48 hours Lifetime Purchase 7 days Consumable Purchases 48 hours

How to Request a Refund:

  1. Open Google Play Store

  2. Tap profile icon > Payments & subscriptions > Budget & history

  3. Find Spearo Tracker purchase

  4. Tap "Request refund" or "Report a problem"

  5. Select reason and submit

Refund Exceptions (No Refunds For):

  • Subscriptions cancelled mid-cycle (access continues until expiration)

  • Lifetime purchases after 7-day window

  • Account termination due to Terms violations

  • Consumables already used

6.2 Subscription Downgrade

If you downgrade from Pro to Free:

  • You retain Pro access until subscription expires

  • After expiration, data exceeding Free limits becomes read-only

  • You can still view but not add new dives/spots beyond limits

  • Export your data before downgrading (recommended)

7. User Responsibilities

7.1 Safe Diving Practices

CRITICAL SAFETY DISCLAIMER:

Spearo Tracker is a logging and tracking tool ONLY. It is NOT:

  • A dive computer or depth gauge

  • A safety monitoring device

  • A substitute for proper freediving training

  • A replacement for professional dive planning

  • A medical or emergency device

You Acknowledge and Agree That:

  • Freediving and spearfishing are inherently dangerous activities

  • You participate in these activities entirely at your own risk

  • You are solely responsible for your safety and the safety of others

  • You must have proper training, certification, and experience

  • You must always dive with a trained buddy

  • You should never dive alone

  • Equipment failure, blackouts, and drowning are real risks

  • Water conditions can change rapidly and unpredictably

We are NOT liable for:

  • Personal injury, disability, or death resulting from diving activities

  • Equipment failures or malfunctions

  • Incorrect data entry or app calculation errors

  • Decisions you make based on app data or AI recommendations

  • Diving accidents regardless of whether app was used

  • Failure to follow safe diving practices

  • Acts of third parties, weather, or natural conditions

7.2 Accurate Data Entry

You agree to:

  • Enter accurate and truthful dive data

  • Not manipulate data to artificially inflate performance metrics

  • Not share false or misleading information

  • Report bugs or data inaccuracies you discover

7.3 Prohibited Uses

You may NOT use Spearo Tracker to:

  • Violate any applicable law or regulation

  • Poach, illegally harvest, or exceed catch limits on marine life

  • Dive in protected, restricted, or prohibited areas

  • Share locations of protected species or breeding grounds

  • Reverse engineer, decompile, or disassemble the app

  • Attempt to hack, breach, or circumvent security measures

  • Create multiple accounts to abuse free tier limits

  • Share your account credentials with others

  • Use the app for unauthorized commercial purposes

  • Scrape, harvest, or collect user data

  • Upload malicious content, viruses, or malware

  • Harass, abuse, or harm other users

  • Impersonate another person or entity

7.4 Content Ownership

Your Content:

  • You own all dive logs, photos, and data you create

  • You grant us a limited license to store, display, and backup your content

  • You can export and delete your content at any time

  • We do not claim ownership of your personal dive data

Our Content:

  • We own the app design, code, algorithms, UI, and branding

  • We own the Spearo Tracker name, logo, and trademarks

  • Training tables and AI coaching content are our intellectual property

  • You may not copy, modify, distribute, or create derivative works

Third-Party Content:

  • Map tiles provided by OpenStreetMap contributors

  • Weather data provided by OpenWeather

  • AI coaching powered by OpenAI

  • Each third party retains rights to their content

8. AI Coaching Disclaimer

AI Coaching is provided for informational purposes only.

Limitations:

  • AI recommendations are based on general freediving principles

  • AI does not know your complete medical history

  • AI cannot assess real-time conditions or your physical state

  • AI suggestions should be verified with qualified instructors

  • AI may occasionally provide inaccurate or inappropriate advice

You Acknowledge:

  • AI coaching is not a substitute for professional instruction

  • You should consult certified freediving instructors

  • You should consult medical professionals before diving

  • You use AI recommendations at your own risk

9. Privacy & Data Protection

Our Privacy Policy explains:

  • What data we collect and why

  • How we use and protect your data

  • How we share data with service providers

  • Your rights to access, export, and delete your data

Read the full Privacy Policy:
Available in-app: Settings > Privacy Policy

Data Export:

  • Settings > Account > Export My Data

  • Formats: CSV, PDF, JSON

Account Deletion:

  • Settings > Legal & Account > Delete Account

  • 24-hour recovery window

  • Permanent deletion within 30 days

10. Disclaimers & Limitations of Liability

10.1 App Availability

The app is provided "AS IS" and "AS AVAILABLE":

  • We do not guarantee 100% uptime or uninterrupted access

  • We may perform maintenance without advance notice

  • Third-party services (maps, weather, AI) may be unavailable

  • We are not liable for service interruptions or downtime

10.2 Data Accuracy

We make reasonable efforts to ensure accuracy, but:

  • We do not warrant that calculations are 100% accurate

  • GPS coordinates may have inherent inaccuracies

  • Weather forecasts are estimates, not guarantees

  • AI recommendations are suggestions, not professional advice

  • You are responsible for verifying critical data

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

We are NOT liable for:

  • Indirect, incidental, special, or consequential damages

  • Lost profits, data, goodwill, or business opportunities

  • Personal injury or death resulting from app use or diving

  • Damages arising from your reliance on app data

  • Damages exceeding the amount you paid us in the past 12 months

  • Damages from unauthorized access to your account

  • Damages from third-party services or content

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY OR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Warranty Disclaimer

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We expressly disclaim all warranties, including but not limited to:

  • Warranties of merchantability

  • Warranties of fitness for a particular purpose

  • Warranties of non-infringement

  • Warranties of accuracy or reliability

  • Warranties of security or error-free operation

We do NOT warrant that:

  • The app will meet your specific requirements

  • The app will be error-free or uninterrupted

  • Defects will be corrected in any timeframe

  • The app is free of viruses or harmful components

  • Results from using the app will be accurate or reliable

12. Indemnification

You agree to indemnify, defend, and hold harmless Visivo, LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:

  • Your use of the app

  • Your violation of these Terms

  • Your violation of any third-party rights

  • Your diving activities

  • Content you upload or share

  • Your negligence or misconduct

13. Term & Termination

13.1 Your Right to Terminate

You can terminate your account anytime by:

  • Deleting your account: Settings > Legal & Account > Delete Account

  • Uninstalling the app from your device

  • Cancelling your subscription via Google Play

13.2 Our Right to Terminate

We may suspend or terminate your account if:

  • You violate these Terms of Service

  • You engage in fraudulent or illegal activity

  • You abuse free tier limits with multiple accounts

  • You attempt to circumvent security measures

  • Your account is inactive for 4+ years

  • Required by law enforcement or legal process

Notice:

  • 30 days notice for inactivity termination

  • 7 days notice for non-serious violations (opportunity to cure)

  • Immediate termination for serious violations

  • No refund for paid subscriptions terminated due to violations

13.3 Effect of Termination

Upon termination:

  • Your access to the app ends immediately

  • Your access to Pro features ends immediately

  • Your data will be deleted within 30 days

  • You may export data before termination (if accessible)

  • Provisions that should survive termination will survive (disclaimers, limitations of liability, indemnification)

14. Modifications to Terms

We may modify these Terms by:

  • Posting updated Terms on our website and in-app

  • Notifying you via email (if opted in to communications)

  • Displaying an in-app notification on next app open

After a Terms update:

  • Continued use of the app constitutes acceptance

  • If you disagree, stop using the app and delete your account

  • Major changes require affirmative consent

For significant changes:

  • We'll provide 30 days advance notice

  • You can cancel subscription before changes take effect

15. Dispute Resolution

15.1 Informal Resolution First

Before filing any legal claim:

  1. Contact us at info@visivoagency.com

  2. Describe your concern in detail

  3. Include your account email and relevant information

  4. Give us 60 days to attempt to resolve the issue

  5. We'll work in good faith to find a solution

15.2 Governing Law

These Terms are governed by:

  • The laws of the State of Florida, United States

  • Without regard to conflict of law principles

15.3 Jurisdiction and Venue

Exclusive jurisdiction:

  • State and federal courts located in Duval County, Florida

  • You consent to personal jurisdiction in these courts

15.4 Class Action Waiver

To the extent permitted by law:

  • You waive the right to participate in class actions

  • Claims must be brought individually, not as a plaintiff or class member

  • This waiver does not apply where prohibited by law

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Deletion Policy, constitute the entire agreement between you and Visivo, LLC regarding Spearo Tracker.

16.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

16.3 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

16.4 Assignment

You may not assign these Terms. We may assign our rights and obligations without notice.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

16.6 Force Majeure

We are not liable for failures due to circumstances beyond our reasonable control (natural disasters, war, pandemics, internet outages, etc.).

17. Age Requirements

You must be at least 13 years old to use Spearo Tracker.

If you are under 18:

  • You must have parental or guardian consent

  • Your parent/guardian agrees to these Terms on your behalf

  • They are responsible for your use of the app

  • We may require parental verification

Children Under 13:

  • Spearo Tracker is not intended for children under 13

  • We do not knowingly collect data from children under 13

  • If we discover a child's account, we will delete it

18. Contact Information

General Inquiries:
Email: info@visivoagency.com
Response Time: Within 48 hours (business days)

Legal Notices:
Email: info@visivoagency.com
Subject: "Legal Notice"

Mailing Address:
Visivo, LLC
6501 Arlington Expressway, B105 #2026
Jacksonville, FL 32211
United States

19. Acknowledgment

BY USING SPEARO LOG, YOU ACKNOWLEDGE THAT:

  1. You have read and understand these Terms of Service

  2. You agree to be legally bound by these Terms

  3. You are at least 13 years old (or have parental consent)

  4. You understand the inherent risks of freediving and spearfishing

  5. You will use the app responsibly and safely

  6. You will not rely solely on the app for safety-critical decisions

  7. You have read and agree to our Privacy Policy

  8. You accept all disclaimers and limitations of liability

20. Summary

Topic Key Points Free Tier 15 dives, 3 spots, 3 AI analyses, 10 photos Pro Monthly $4.99/month, 20 AI analyses/month, 14-day trial Pro Yearly $39.99/year (33% savings), 14-day trial Pro Lifetime $199.99 one-time, unlimited forever Refunds Via Google Play (48 hours subscriptions, 7 days lifetime) Cancellation Anytime via Google Play Store Account Deletion Settings > Delete Account (30 days to permanent) Safety App is logging tool ONLY - you are responsible for diving safety Contact info@visivoagency.com

These Terms of Service are effective as of December 3, 2025.

Thank you for choosing Spearo Tracker. Dive safe!