Terms of Service

1. Acceptance of Terms

By accessing or using MyBoatOS (“Service” or “Platform”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. We may modify these Terms at any time, and your continued use of the Service constitutes acceptance of any modifications.

2. Description of Service

MyBoatOS is an operations and fleet management platform designed for professional boat operators. The Service provides tools for managing vessels, crews, bookings, trips, maintenance, compliance, guest communications, finances, and customer relationships. Features include booking management, guest portals, crew scheduling, credential tracking, calendar synchronization, financial analytics, document storage, AI-powered data extraction, and notifications.

MyBoatOS is a technology platform and management tool. We are not a party to any charter agreement, service contract, or transaction between operators and their guests. Operators are solely responsible for the services they provide, their compliance with applicable laws and regulations, and the terms of their agreements with guests.

3. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account, including actions taken by team members you invite
• Notify us immediately of any unauthorized use of your account

Account holders (Owners) may invite additional users (Managers, Captains, Crew) to their organization. Owners are responsible for managing roles and permissions within their organization and for the actions of users they invite.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Upload or transmit viruses, malware, or other malicious code
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service or other users' data
• Use the Service for any fraudulent or illegal purpose
• Scrape, harvest, or collect data from the Service without permission
• Impersonate any person or entity
• Use the Service to send unsolicited commercial messages (spam) to guests or other parties

For additional details, see our Acceptable Use Policy.

5. Your Content

You retain ownership of all content you submit to the Service (“Your Content”), including vessel data, trip records, photos, documents, financial information, and guest data. By submitting content, you grant MyBoatOS a non-exclusive, worldwide, royalty-free license to use, store, process, and display Your Content solely to provide, maintain, and improve the Service.

You are responsible for ensuring you have all necessary rights to Your Content and that it does not infringe on any third-party rights. You are also responsible for the accuracy of information you enter into the Platform, including guest data, financial records, and crew credentials.

6. Intellectual Property

The Service, including its original content, features, functionality, user interface, and underlying technology, is owned by MyBoatOS and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

7. Payment Terms

7.1 Subscription Fees

Certain features of the Service require a paid subscription. By subscribing to a paid plan, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide valid payment information
• Authorize recurring charges for subscription plans

Subscription fees are non-refundable except as required by law or as explicitly stated in our refund policy. We reserve the right to change pricing with 30 days' notice.

7.2 Platform Fee on Direct Bookings

MyBoatOS charges a 5% platform fee on charter booking deposits processed through the Platform via Stripe Connect. This fee is automatically deducted from the deposit payment at the time of collection. The platform fee is non-refundable, including in cases where the operator issues a refund to the guest.

7.3 Stripe Connect

Operators using payment processing features must connect a Stripe account and accept Stripe's Connected Account Agreement in addition to these Terms. Stripe is responsible for payment processing, fraud prevention, and PCI-DSS compliance for all transactions.

7.4 Captain and Crew Service Fees

Captain and crew service fees are a separate transaction between the guest and the captain/crew. MyBoatOS facilitates the display of captain fee amounts and payment links in the guest portal but does not collect, process, or take a fee on captain/crew service payments. The guest pays the captain directly. This structure reflects standard industry practice and USCG compliance requirements for charter operations.

8. Charter Booking Refund Policy

Refund and cancellation policies for charter bookings are set by the individual operator and disclosed to guests at the time of booking through the guest portal and charter agreement. MyBoatOS does not set or enforce refund policies between operators and guests.

MyBoatOS platform fees (Section 7.2) are non-refundable. Chargebacks initiated against payments processed through the Platform will be handled in accordance with Stripe's dispute resolution process. Operators are responsible for honoring their disclosed cancellation policies and for any costs associated with chargebacks or disputes.

10. Compliance Disclaimer

MyBoatOS provides tools that may assist with regulatory compliance, including credential tracking, waiver management, safety documentation, and operational record-keeping. However, MyBoatOS is a management tool and does not provide legal, tax, regulatory, or maritime compliance advice.

You are solely responsible for ensuring compliance with all applicable laws, regulations, and industry standards, including but not limited to USCG requirements, state boating regulations, insurance requirements, employment law, and tax obligations. The availability of compliance-related features in the Platform does not constitute legal advice or a guarantee of regulatory compliance.

11. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, secure, or error-free. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Weather, tide, and marine condition data provided through the Platform is sourced from public NOAA APIs and is provided for informational purposes only. It should not be relied upon as the sole basis for safety or navigation decisions.

AI-powered features (document extraction, voice transcription, data analysis) may produce inaccurate results. Users should review and verify AI-generated content before relying on it.

12. Limitation of Liability

To the maximum extent permitted by law, MyBoatOS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or your data
• Any interruption or cessation of the Service
• Any bugs, viruses, or other harmful code transmitted through the Service
• Any errors, omissions, or inaccuracies in any content or AI-generated output
• Any action taken or not taken based on information provided by the Service
• Any disputes between operators and their guests, crew, or contractors

In no event shall our total liability exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless MyBoatOS and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Service, your violation of these Terms, your violation of any rights of another party, or any disputes between you and your guests, crew, or contractors.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users, us, or third parties. You may terminate your account at any time by contacting us.

Upon termination, your right to use the Service will immediately cease. We will provide you the opportunity to export your data for a period of 30 days following termination, subject to applicable law. After this period, we may delete your data in accordance with our data retention policy.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida.

16. Dispute Resolution

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation for a period of thirty (30) days. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, held in Palm Beach County, Florida. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page, updating the “Effective Date,” and, where appropriate, sending an email notification. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

19. Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@myboatos.com

Website: www.myboatos.com