Terms of Service

By accessing or using the Ombar platform (“the Service”), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service. The Service is operated by Code Sense Studios (“we”, “us”, “our”).

Ombar is a SaaS platform providing business management tools for dive shops and water sports operators, including booking management, customer tracking, staff management, commission tracking, and payments. Features available depend on your subscription plan.

To use Ombar, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account credentials secure. You are responsible for all activity that occurs under your account.

You must be at least 18 years old and have authority to enter into this agreement on behalf of your business. One organisation per business entity unless explicitly agreed otherwise.

Ombar is offered on a subscription basis. By subscribing, you authorise us to charge the applicable fees to your payment method on a recurring basis.

• Subscriptions renew automatically unless cancelled before the renewal date.
• Founding member pricing is locked for the lifetime of the subscription provided it remains active and uninterrupted.
• We reserve the right to change pricing for new subscriptions with reasonable notice.
• All fees are exclusive of applicable taxes.

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period — you retain access until then.

30-day refund window. If Ombar does not meet your expectations, contact us within 30 days of your first paid invoice and we will review the refund request. Outside that window we do not issue refunds for partial periods, except where required by applicable law.

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorised access to any part of the Service
• Reverse engineer, copy, or create derivative works of the Service
• Upload or transmit malicious code, spam, or harmful content
• Misrepresent your identity or affiliation
• Resell or sublicense access to the Service without written permission

You retain ownership of all data you enter into Ombar (“Customer Data”). You grant us a limited licence to process that data solely to provide the Service. We do not claim ownership of your Customer Data and will not use it for purposes beyond operating and improving the platform.

You are responsible for ensuring that the personal data you enter on behalf of your customers (e.g., diver profiles, medical disclosures, emergency contacts) is collected lawfully, with appropriate notice and, where required, consent under applicable data-protection law.

7.1 Roles under GDPR / UK GDPR

Ombar operates in two distinct data-protection roles, and the role determines which set of obligations applies:

• Website & account data — Code Sense Studio OÜ is the Controller. When you browse our marketing pages, sign up, manage your subscription, or contact support, we determine the purposes and means of processing the data you give us directly (your name, work email, billing details, support correspondence, cookie / analytics data on the marketing site). Our Privacy Policy sets out the legal bases, retention and your rights in this capacity.
• Customer Data inside the Service — Code Sense Studio OÜ is the Processor and you are the Controller. When you upload, generate or otherwise process personal data about your own divers, staff, instructors or emergency contacts using the Ombar platform, you decide why and how that data is processed. We process it on your documented instructions, which are the configuration choices you make in the product plus the obligations set out in our Data Processing Addendum (“DPA”). The DPA forms part of these Terms and prevails over them with respect to the processing of personal data on your behalf.

Where you act as Controller under Section 7.1, you warrant that you have a valid lawful basis for the Customer Data you process through the Service, that you provide your own data subjects with the notices required by applicable law, and that you respond to their requests in line with your obligations as Controller (we will assist as set out in the DPA).

Ombar and all associated software, designs, trademarks, and content are the intellectual property of Code Sense Studios. Nothing in these Terms grants you ownership of or licence to our intellectual property beyond what is necessary to use the Service.

We aim to maintain high availability of the Service but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable advance notice. We are not liable for losses resulting from downtime beyond our reasonable control.

To the maximum extent permitted by law, Code Sense Studios shall not be liable for any indirect, incidental, special, or consequential damages arising out of your use of or inability to use the Service. Our total liability in any matter arising from these Terms shall not exceed the total fees paid by you in the three months preceding the claim.

We may suspend or terminate your account if you violate these Terms, fail to pay fees, or engage in activity that we reasonably believe poses a risk to the Service or other users. Upon termination, your right to use the Service ceases immediately. Data retention upon termination is governed by our Privacy Policy.

We may update these Terms from time to time. We will notify you of material changes via email or in-app notice at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance.

These Terms are governed by and construed in accordance with the laws of Portugal, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts of Portugal.

For questions about these Terms, contact us at: [email protected]