Terms of Service
1. Acceptance of terms
By accessing or using the DepthGaze application ("the App") or this website, you agree to be bound by these Terms of Service. If you do not agree, do not use the App or the website.
2. Description of service
DepthGaze is a native mobile application that provides real-time underwater visibility enhancement using your device's camera. The App processes camera frames locally on your device using classical computer vision techniques and does not transmit camera data to any server. DepthGaze is published by Sorte Pty Ltd, an Australian-registered company.
3. Use licence
You are granted a limited, non-exclusive, non-transferable, revocable licence to use the App for personal, non-commercial purposes. You may not:
- Reverse-engineer, decompile, or disassemble the App's processing algorithms.
- Redistribute, sublicence, or resell the App or its output in bulk.
- Use the App to infringe on any third party's intellectual property rights.
- Use the App for surveillance or any unlawful purpose.
4. User content
Photos and videos captured through the App remain your property. The App does not claim any ownership or licence over content you create. All processing happens locally on your device.
5. Not a safety device — critical
DepthGaze is a visual-observation application only. It is NOT a depth gauge, distance meter, navigation instrument, sonar, rangefinder, bathymetry tool, or safety device of any kind.
All output produced by the App — including but not limited to the Structure visualisation, Correction Strength slider, Auto-Calibrate Colour toggle, Spot Score, captured photos and videos, processed preview imagery, and any on-screen badge, value, colour band, zone, contour line, or overlay — is a colour-processing estimate derived from camera imagery. It does not measure physical reality.
You must not use anything displayed by this App to decide whether to enter, move through, jump, dive, or position yourself or any object in or near water. Water conditions including turbidity, glare, light level, bottom reflectance, waves, colour cast, camera angle, and sensor noise cause the App to produce wildly inaccurate output without warning. A shallow area may appear deep, and a deep area may appear shallow.
By using the App you acknowledge that no information it provides is reliable for any safety-critical, navigational, diving, wading, swimming, jumping, anchoring, fishing-safety, rescue, commercial, or regulated purpose. You accept all risk of relying on the App and agree that Sorte Pty Ltd bears no responsibility for decisions you make based on its output.
6. Other estimates
In addition to the above, the App also provides non-safety-critical estimates including:
- Estimated water turbidity and clarity.
- Scene-quality readings (Spot Score).
- Smart Mode automatic mode selection.
These are also not scientifically calibrated instruments. Do not rely on them for navigation or safety-critical decisions.
7. No warranty
The App is provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that any result or estimate will be accurate.
8. Limitation of liability
To the fullest extent permitted by law, Sorte Pty Ltd and its directors, officers, employees, and contractors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages — including but not limited to personal injury, death, property damage, lost profits, lost data, or loss of goodwill — arising from or related to your use of or inability to use the App, whether based on warranty, contract, tort, negligence, or any other legal theory, even if we have been advised of the possibility of such damages. You agree that your sole remedy for dissatisfaction with the App is to stop using it.
Where applicable law does not permit the exclusion of certain warranties or limitation of liability, the above exclusions or limitations may not apply to you, but shall apply to the maximum extent permitted by that law. Nothing in these Terms is intended to exclude any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded.
9. Acknowledgement
The App displays a safety acknowledgement dialog on first launch and after any data wipe or reinstall. You must accept that dialog to use the App. Accepting it confirms you have read, understood, and agreed to these Terms — including specifically Section 5 (Not a safety device).
10. Device thermal load
Running DepthGaze continuously uses the camera sensor, GPU shader pipeline, and motion sensors of your device at levels comparable to a sustained video-recording session or graphically-intensive game. Your device may become noticeably warm during prolonged use, may reduce its own performance or brightness to manage heat, and may drain the battery faster than typical light usage. These are normal behaviours of modern phones under sustained camera + GPU load.
The App may display an in-app warning when the operating system reports that the device is running hot. Regardless of whether that warning appears, you are responsible for monitoring your own device and discontinuing use if it becomes uncomfortable to hold, if the display dims or colours shift automatically, or if you observe abnormal battery or performance behaviour.
Sorte Pty Ltd is not responsible for device damage, battery degradation, data loss, burn or heat-related injuries, or any other consequence arising from sustained use. If you are concerned about thermal load, limit each session to short intervals and allow the device to cool between uses.
11. Device permissions
The App may request access to:
- Camera — required for real-time image processing.
- Microphone — optional, for recording audio with video.
- Device orientation — for tilt-angle display.
- Ambient light sensor — for auto-brightness adaptation.
- Approximate or precise location — optional, for the Save Location With Photos feature only. Off by default. See the Privacy Policy for how location data is handled.
You can revoke any permission at any time through your device settings.
12. Third-party services
The App does not use third-party analytics, advertising, or tracking services. The only network call the App makes is the optional system-geocoder lookup when you use the Save Location With Photos feature; this is opt-in and is described in the Privacy Policy. No camera frames, sensor data, or app-state data are sent to external servers during normal operation.
13. Modifications
DepthGaze (Sorte Pty Ltd), in its sole discretion, may modify, vary, amend or revise these Terms and Conditions of Use (including, without limitation, any Services provided under these Terms and Conditions of Use) at any time, and we will notify you of all variations in writing.
Continued use of the App after changes constitutes acceptance of the revised Terms. The effective date at the top of this page indicates the latest revision.
14. Restrictions
The User may not use the Services or access the Platforms and may not accept these Terms if: (a) the User is not of legal age or capable of accepting these Terms (as provided by applicable regulations) unless duly authorised by their parents, guardians or legally authorised representatives; or (b) the User is a person barred from receiving the Services under the laws of the country in which the User is resident or from which the User uses the Service.
15. Intellectual property rights
The User acknowledges that the elements, functionalities, and utilities integrated into the Platforms and the Services include content and material owned by or licensed to DepthGaze (Sorte Pty Ltd), which are protected by intellectual and/or industrial property legislation.
In particular, the Services, including the Website and Application (whether past, present, or future versions), as well as all their functionalities, contents, and elements, are owned and controlled by DepthGaze (Sorte Pty Ltd) or its licensors and are protected by intellectual or industrial property rights. Specifically, all texts, graphics, user interfaces, visual interfaces, databases, photographs, logos, sounds, music, works, creations, and computer codes displayed on or available through the Services and the Platforms are protected, as well as the design, structure, selection, coordination, expression, and arrangement of such elements, including, without limitation, (i) trademarks, logos, and trade names; (ii) the format of the Services and Platforms offered by DepthGaze (Sorte Pty Ltd); and (iii) other forms of intellectual and industrial property.
The User acknowledges that, outside of the authorised uses of the Website and the Application, the reproduction, modification, transformation, public communication, or distribution, including without limitation the commercialisation, disassembly, utilisation of reverse engineering techniques, or any other method to obtain the source code of the Website and/or the Apps or Applications available, and transformation or publication of any unauthorised test result for any of the elements or utilities integrated into the Platforms, constitutes an infringement of intellectual and/or industrial property rights owned by or licensed to DepthGaze (Sorte Pty Ltd). Therefore, the User is obligated to refrain from engaging in any of the aforementioned actions. Additionally, it is expressly stated that any data mining of the contents of the Website or the Application is expressly forbidden.
16. Trade marks
Unless otherwise indicated, the DepthGaze™ logos appearing are trade marks belonging to Sorte Pty Ltd. Any use of these trade marks without the prior written consent of Sorte Pty Ltd is a breach of the Trade Marks Act 1995 (Cth) and relevant laws in other countries and is expressly prohibited.
17. Entire agreement
These Terms and Conditions of Use constitute the entire agreement and understanding between the parties with respect to its subject matter and supersede all prior or contemporaneous oral or written agreements, undertakings, or representations between the parties concerning such subject matter.
18. Governing law
The interpretation, construction and effect of these Terms and Conditions of Use shall be governed and construed in all respects in accordance with the laws of the State of South Australia, Australia, and the parties submit to the jurisdiction of the Courts exercising jurisdiction in that State.
19. Contact
For questions about these Terms, contact us at support@depthgaze.com.