Club terms

Last updated: 10 November 2026

This is a translation. The Dutch text is the one that is legally binding: read it in Dutch.

These club terms apply between Spectes, Dina Appeldoornlaan 52, 1421 TD Uithoorn (Chamber of Commerce (KvK) no. 42205042), reachable at info@nextdive.app (“Nextdive”) and every club, dive school or association that uses Nextdive (“the club”), in addition to the terms of use. The data processing agreement is part of them. If they contradict each other, these club terms prevail over the terms of use, and the data processing agreement prevails over both where personal data is concerned.

1. Scope and conclusion

• These terms apply as soon as a club is created in Nextdive, and again when an owner agrees to Pro licences or the club subscription. We keep who agreed, when, to which version and at which price.
• Whoever agrees on behalf of the club declares that they are authorised to do so. If they are not, they are answerable for it themselves (Article 3:70 of the Dutch Civil Code).
• The club acts as a business or association, not as a consumer.
• If a club agreed to earlier terms before this version, these terms apply to it from 1 December 2026. If the club does not want that, it can stop free of charge before that date.

2. The service

• Nextdive gives clubs tools for members and roles, group dives and trips, buddy teams, gear rental, courses and lessons, links with the club's website, and Nextdive Pro for members. What each part includes is described in the app and in the docs.
• We improve and change features. We do not remove a paid part without announcing it at least 2 months in advance; the club then gets back what it paid in advance for the period after.
• What is free now stays free for the club until we announce otherwise at least 1 month in advance. Never retroactively.

3. Nextdive Pro licences

• An owner chooses who gets Pro: all paying members, or members they choose one by one.
• The club pays the price per licence per month shown and recorded when licences are turned on. Everyone who had a licence on any day of a calendar month counts once for that month.
• Nextdive sends an invoice each month to the club's billing address; the payment term is 14 days.
• The club can turn licences off at any time. The months in which members had a licence are invoiced.

4. The club subscription

• Course planning costs a fixed price per month and is invoiced for the month ahead. Group dives and trips cost a price per active member per month and are invoiced for the past month. A member counts once if they were active on any day of that calendar month.
• The first month is free, once. A free month Nextdive gives without the owner's agreement ends by itself and is never invoiced.
• Nextdive sends one invoice a month and collects it by direct debit through Mollie, or the owner pays it through Mollie. The payment term is 30 days.
• The owner can stop the subscription at any time. It then stops at once and nothing more is invoiced; invoices already sent stay due and a month of course planning already invoiced is not refunded.

5. Prices and payment

• Prices exclude VAT, unless stated otherwise. For a club in another EU country with a valid VAT number, VAT is reverse-charged.
• Nextdive can change prices by announcing it to the owner by e-mail at least 1 month in advance. The club can then stop free of charge before the change takes effect.
• When an invoice stays unpaid, Nextdive sends reminders. When an invoice is 30 days overdue, the paid parts can be suspended (read-only); after 90 days the agreement for those parts ends. Nothing the club made is deleted because of it.
• After a reminder with a payment term of 14 days, Nextdive can charge statutory commercial interest (Article 6:119a of the Dutch Civil Code) and extrajudicial collection costs (Article 6:96).
• The club raises any objection to an invoice by e-mail within 30 days of the invoice date.

6. The club's responsibility

• Owners and staff are responsible for what they put in Nextdive, for whom they give rights, and for the data of their members, students and participants. The club makes sure it has a legal basis to process that data, and obtains the consent of parents or guardians where needed, for example for students who are minors.
• Agreements about taking part, prices, payment, rental, courses and liability during dives are made by the club with its members and students. Nextdive is not a party to them.
• The club only links websites and web shops it runs itself, and keeps keys and links secret.
• The club indemnifies Nextdive against claims by third parties, including members, students and supervisory authorities, that arise from the club's use of Nextdive contrary to these terms or the law, or from agreements between the club and its members, unless the damage is Nextdive's fault.

7. Availability and support

• Nextdive does its best to keep the service available (an obligation of effort), but guarantees no availability percentage. Planned maintenance is preferably done in the evening or at night (Dutch time) and announced in advance where possible.
• Support is by info@nextdive.app. We reply within 2 working days. If an outage affects clubs, we inform the owners.
• The database is backed up automatically, and backups are kept for 7 days.

8. Intellectual property and confidentiality

• The software, the name Nextdive and the design remain Nextdive's. While the agreement runs, the club gets a non-exclusive, non-transferable right to use Nextdive.
• The club's data (members, courses, schedule, logo) remains the club's. The club gives Nextdive the right to use it to provide the service, including showing the club's name and logo to its members, and on a public club page if the club makes one public.
• Both parties keep confidential what they learn about each other's business that is not public.

9. End of the agreement and data

• The club can stop paid parts at any time (sections 3 and 4). The owner can delete the club in Nextdive.
• Nextdive can end the agreement with 2 months' notice, by e-mail to the owner, and with immediate effect if the club seriously breaches these terms, goes bankrupt or is dissolved.
• When a paid part stops, what the club made is kept as long as the club exists in Nextdive, and comes back when the club pays again. When the club is deleted or Nextdive ends the agreement, Nextdive deletes the personal data under the data processing agreement; before that, the club can ask for an export of its member and course data. Nextdive keeps invoices for 7 years, as tax law requires.

10. Liability

• Nextdive's liability towards the club is limited, per year, to the amount the club paid Nextdive in the 12 months before the event that caused the damage, or €100 if the club paid nothing.
• Nextdive is not liable for indirect damage, such as lost revenue or profit, lost time, courses or dives that could not go ahead, and damage to reputation.
• Liability only arises once the club gives Nextdive written notice of default with a reasonable period to put it right. A claim lapses 12 months after the club knew or should have known of the damage.
• These limits do not apply in case of intent or gross negligence by Nextdive's management, not to damage from death or personal injury, and not as far as the law does not allow them.
• Nextdive is not liable for failures caused by force majeure, including outages at Microsoft Azure, Mollie, Google, Apple, Garmin, Suunto or internet providers, and attacks on the service that Nextdive could not prevent with reasonable measures.

11. Changes

Nextdive can change these terms and announces it to the owner by e-mail at least 30 days in advance. If a change is substantial and to the club's disadvantage, the club can stop free of charge before it takes effect. Section 5 applies to prices.

12. Applicable law and disputes

The Dutch text is binding. These terms are governed by Dutch law. The parties first try to resolve a dispute by consultation. If that fails, the competent court in the district where Nextdive is established has jurisdiction.