Last Updated: December 1st, 2025

 

1. Overview

These Terms of Service (“Terms”) govern your purchase and use of products, software, and related services provided by Shearwater Research Inc. (“Shearwater,” “we,” “our,” or “us”). By purchasing a Shearwater product, accessing our website, using our mobile or desktop applications (such as the Dive Shearwater or Cloud mobile app), or connecting your Shearwater device to our online services, you agree to these Terms.
If you do not agree, please do not use our products or services.

 

These Terms work together with our Privacy Policy.

 

2. Eligibility and Account Responsibilities

You must be at least the age of majority in your place of residence (typically 18) to make a purchase or create an account with Shearwater.

 

If you create an account:

•                    You are responsible for keeping your login details secure.

•                    You agree to provide accurate and current information.

•                    You are responsible for all activities under your account.

 

We may suspend or close accounts used for fraud, misuse, or illegal activity.

 

3. Using Shearwater Products and Services

Shearwater products and companion apps are designed to support safe and informed diving and related activities.
They are aids to diving, not substitutes for proper training, certification, or personal judgment.

 

You agree not to:

•                    Use Shearwater devices or apps in a way that violates applicable laws or diving regulations.

•                    Attempt to modify, decompile, or reverse-engineer Shearwater hardware, firmware, or software.

•                    Upload or transmit any harmful code or data.

 

We reserve the right to suspend access to online services or features if misuse is detected.

 

4. Software, Firmware, and Updates

Shearwater firmware and software are licensed, not sold.
You receive a limited, non-transferable license to use them solely for operating Shearwater products.

 

•                    Updates may improve safety, fix bugs, or enhance performance.

•                    Some updates may be required to maintain device compatibility or regulatory compliance.

•                    Installing updates constitutes acceptance of the applicable license terms.

 

Unauthorized modification of firmware voids warranty coverage.

 

5. Accounts, Apps, and Cloud Services

Some Shearwater products connect with our mobile apps or cloud services for data backup, firmware updates, and enhanced features.

 

When using these software tools:

•                    You retain ownership of your dive data and logs.

•                    You grant Shearwater a non-exclusive, royalty-free license to use anonymized data to improve our products and services.

•                    Your data will be handled in accordance with our Privacy Policy.

 

You may delete your account at any time; deleting your account may permanently remove associated data.

 

6. Product Information and Availability

We strive to provide accurate descriptions and images of our products. However:

•                    Colors, specifications, and features may vary slightly from images shown.

•                    Certain products or accessories may be limited in quantity or region.

•                    We reserve the right to discontinue any product at any time.

 

All sales and promotions are subject to availability and applicable laws.

 

7. Intellectual Property

All Shearwater trademarks, product designs, software, firmware, and related materials are owned by Shearwater Research Inc. or its licensors.

 

You may not reproduce, modify, or distribute any part of our intellectual property without written consent.
You retain ownership of your personal dive data and content but grant us permission to use anonymized data to enhance our technology and analytics.

 

8. Third-Party Tools and Services

Our products and software may integrate with third-party tools such as:

•                    Bluetooth® connectivity or GPS modules,

•                    App Store / Google Play services,

•                    Dealer or service partner portals.

 

We are not responsible for third-party platforms or their terms. Your use of those services is at your discretion and governed by their own terms and privacy policies.

 

9. Safety and Disclaimer of Warranties

Diving and related activities involve inherent risks. Shearwater products are designed to assist qualified divers but cannot prevent injury, accident, or death.

 

Except as stated in our official Limited Warranty or required by law:

•                    All products and services are provided “as is” and “as available.”

•                    We make no implied warranties of merchantability or fitness for a particular purpose.

•                    We are not responsible for data loss, equipment damage, or consequential losses.

 

Use of our products is at your own risk.

 

10. Limitation of Liability

To the fullest extent permitted by law:

•                    Shearwater’s liability is limited to the amount you paid for the product or service.

•                    We are not liable for indirect, consequential, or incidental damages, including lost data or profit.

•                    In jurisdictions that limit these exclusions, our liability shall be restricted to the minimum allowed by law.

 

11. Export Control

You agree to comply with all export, import, and sanctions regulations that apply to Shearwater products and software.
You may not export our devices or software to any prohibited destination or entity.

 

12. Termination

You may stop using Shearwater products or services at any time.
We may suspend or terminate your account or access if:

•                    You violate these Terms,

•                    You use our systems unlawfully, or

•                    Continued service becomes impractical due to regulatory or technical reasons.

 

Certain obligations (such as payments, indemnity, and limitations of liability) survive termination.

 

13. Indemnification

You agree to indemnify and hold harmless Shearwater, its affiliates, and employees against any claim arising from:

•                    Your misuse of our products or services, or

•                    Your breach of these Terms or applicable laws.

 

14. Governing Law and International Application

These Terms are governed by and construed under the laws of the Canada, without regard to conflict of law principles.

If you are a consumer residing outside Canada, mandatory consumer protections in your country of residence will also apply.
Any disputes will be resolved in the courts or arbitration bodies of British Columbia, Canada, unless prohibited by your local consumer law.

 

15. Changes to These Terms

We may update these Terms periodically.
The “Last Updated” date at the top reflects the latest version.
When significant changes occur, we may notify you through our website, app, or email.
Your continued use of Shearwater products or services after updates constitutes acceptance.

 

16. Contact Us

For any questions or concerns about these Terms, please contact:
Shearwater Research Inc.
10200 Shellbridge Way, Suite 100, Richmond, BC, Canada V6X 2W7
📧 info@shearwater.com | ☎ 604-669-9958