Terms of Service

1. Parties and definitions

These Terms form an agreement between DinghyFleet and the organization that registers or is registered on the platform (the “Customer”). Individual users access the platform as members of a Customer organization.

In these Terms:

Organization

An independent tenant on the platform, holding its own members, workspaces and data, administered by its own owner and administrators.

Workspace

A capability area activated by an organization (for example broker or operator functionality) that determines which features and data views are available to its members.

User

A natural person who accesses the platform through an account linked to an organization.

Customer Content

All data, text, documents, images and other material that the Customer or its Users submit to, or generate in, the platform.

2. Accounts, roles and organization administration

Each organization is administered by its owner and by any administrators the owner designates. Administration is self-service: the Customer decides who joins, which roles they hold, which workspaces are active, and when access ends.

• The Customer is responsible for all activity carried out under its organization's accounts.
• Accounts are personal to a User and must not be shared. Users must keep their sign-in method secure and notify us of suspected unauthorised access.
• Administrators may view, modify, export and delete Customer Content within their organization, including content created by other members. Users should not expect their organization's data to be private from that organization's administrators.
• The Customer must ensure the information it records about its members, clients and partners is accurate and lawfully obtained.
• Removing a member ends that member's access to the organization; content they created remains with the organization.

3. What the service is — and what it is not

DinghyFleet provides workflow, collaboration, offer-building, booking-preparation and billing-administration tooling for yacht-charter professionals. We provide software; the Customer runs its own business.

For the avoidance of doubt, DinghyFleet is not, and does not act as:

• an owner, operator, manager, skipper or crew provider of any yacht;
• a charter organizer, tour operator, travel agent or provider of package travel;
• a payment institution, escrow agent or money-transmission service for charter payments;
• an insurer, insurance intermediary, surveyor, or provider of legal, tax or compliance advice;
• a party to any contract concluded between a broker, an operator, an owner and an end client, whether or not that contract was prepared, negotiated or documented using the platform.

Commercial terms, commissions, deposits, cancellation rules, safety, seaworthiness, licensing and regulatory compliance for a charter remain the exclusive responsibility of the parties to that charter. Content in the platform — including availability indicators, pricing helpers, generated drafts and status labels — is descriptive support for the Customer's own decisions, not advice or a guarantee.

4. Subscription, seats and fees

The platform is offered on a free plan and on a paid plan. The functionality included in each plan, and the current price per paid seat, are the ones displayed in the application at the time of purchase.

Paid subscriptions operate as follows:

• Billing is per seat. A seat is required for each active member of the organization and for each outstanding invitation.
• Subscriptions are purchased and managed through Stripe's hosted checkout and billing portal. Stripe acts as our payment service provider; card data is handled by Stripe and never reaches our systems.
• The Customer must provide accurate billing identity and tax information. Taxes are determined and applied by Stripe based on that information and the applicable rules.
• Adding a seat during a billing period is charged as shown in the application at the moment of purchase. Reducing seats takes effect at the end of the current billing period, and the Customer keeps the paid capacity until then. Seat reductions do not generate refunds or credits.
• Cancelling a subscription stops future renewals. Access to paid functionality continues until the end of the period already paid for, after which the organization returns to the free plan.
• If a payment fails, we will attempt recovery and notify the organization. If the failure is not resolved within the grace period shown in the application, the organization's workspaces become read-only until payment succeeds; existing data remains accessible for reading and export.

Except where mandatory law provides otherwise, fees already paid are non-refundable. All amounts are exclusive of applicable taxes unless the application states otherwise, and payment obligations may not be set off against disputed amounts.

5. Acceptable use

The Customer and its Users must not:

• use the platform in breach of applicable law, sanctions or third-party rights;
• upload content that is unlawful, infringing, defamatory, or that they have no right to store or share, including personal data collected without a lawful basis;
• attempt to access another organization's data, probe or circumvent access controls, or interfere with the integrity or performance of the platform;
• reverse engineer, decompile, scrape at scale, or use the platform to build a competing product, except to the extent such restriction is prohibited by mandatory law;
• resell, sublicense or make the platform available to third parties outside the licensed organization;
• send unsolicited commercial messages through the platform's collaboration or sharing features;
• use automated systems in a way that imposes an unreasonable load on our infrastructure.

6. Customer Content and licence

As between the parties, the Customer owns its Customer Content. We claim no ownership of it.

The Customer grants us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display and process Customer Content strictly to the extent needed to operate, secure, support and improve the service for that Customer, and to comply with law. This licence ends when the content is deleted, subject to backups being overwritten in the ordinary course.

The Customer warrants that it has all rights and, where required, all consents and lawful bases necessary for the content it uploads — including yacht photography, brochures and client personal data — and that our processing of it will not infringe any third-party right. Where we process personal data on the Customer's behalf, we do so as processor in line with our Privacy Policy and any data processing terms agreed between the parties.

7. Collaboration between organizations

The platform lets organizations collaborate: brokers can send requests, share offers and agree partnership terms with operators, and both sides can exchange messages and prepare a booking together. When a Customer initiates or accepts such a collaboration, the information contained in it becomes visible to the counterparty organization.

Each organization remains solely responsible for what it discloses, for the accuracy of what it publishes, and for the commercial arrangements it enters into. We are not a party to those arrangements, do not verify counterparties' statements, licences or insurance, and do not guarantee that any collaboration will result in a concluded charter or in payment.

8. Third-party services

The platform relies on third-party services, including payment processing, cloud infrastructure, email delivery, AI assistance features and marine weather data. Their availability and behaviour are outside our control.

Where a feature returns AI-generated or externally sourced information — for example a drafted message, an enriched operator record or a marine forecast — it may be incomplete or inaccurate. The Customer must review such output before relying on it, and must not treat it as navigational, safety, legal or financial advice.

9. Intellectual property

The platform, its software, design, documentation, trademarks and all related intellectual property rights belong to DinghyFleet or its licensors. Nothing in these Terms transfers those rights.

Subject to these Terms and to payment of applicable fees, we grant the Customer a non-exclusive, non-transferable, revocable right to access and use the platform for its internal business purposes during the term.

If the Customer sends us feedback or suggestions, we may use them without restriction and without obligation, provided we do not identify the Customer as their source.

10. Confidentiality

Each party may receive non-public information from the other. The receiving party will use it only to perform this agreement, protect it with at least reasonable care, and disclose it only to personnel and advisers bound by confidentiality obligations.

These obligations do not apply to information that is public without breach, independently developed, lawfully received from a third party, or required to be disclosed by law — in which case the disclosing party will be notified where legally permitted.

11. Availability, changes and support

We aim to keep the platform available and continuously improved, but we do not commit to a specific uptime level unless a separate written service level agreement has been signed.

We may modify, add or discontinue features. Where a change materially reduces core functionality the Customer pays for, we will give reasonable prior notice in the application or by email.

Planned maintenance is performed with the aim of minimising disruption. Support is provided through the in-app support surfaces and at office@dinghyfleet.com during normal business hours in Poland.

12. Suspension

We may suspend access, in whole or in part, if the Customer materially breaches these Terms, if an account is used unlawfully or in a way that endangers the platform or other customers, or if fees remain unpaid after the grace period shown in the application.

Where practicable we will give prior notice and an opportunity to remedy. Suspension for non-payment applies write restrictions rather than deleting data, so that the Customer can still read and export its records.

13. Term and termination

These Terms apply for as long as the Customer has an account. The Customer may stop using the platform at any time, cancel a paid subscription through the billing portal, or request deletion of its organization.

Either party may terminate for material breach that is not remedied within 14 days of written notice. We may also terminate on 30 days' notice if we discontinue the service generally.

Before termination takes effect the Customer should export any records it needs. After termination we handle remaining data as described in the Privacy Policy, including retaining organization records in a read-only, audit-only state and keeping accounting documents for the statutory period. Provisions that by their nature should survive — including fees due, content warranties, confidentiality, liability, and governing law — survive termination.

14. Warranties and disclaimers

We warrant that we will provide the platform with reasonable skill and care and in accordance with these Terms.

To the maximum extent permitted by law, and given that this is a business-to-business service, all other warranties, conditions and representations — express or implied, statutory or otherwise, including fitness for a particular purpose, merchantability, non-infringement, uninterrupted or error-free operation, and the accuracy or completeness of content, third-party data or AI-generated output — are excluded.

15. Limitation of liability

To the maximum extent permitted by applicable law, DinghyFleet is not liable for:

• loss of profit, revenue, business, contracts, goodwill or anticipated savings;
• loss or corruption of data, to the extent the Customer could have avoided it by exporting or backing up;
• any indirect or consequential loss, or any loss arising from a charter, a commercial arrangement, a counterparty's conduct, or a decision the Customer took using the platform;
• failures caused by third-party services, by the Customer's own systems, or by misuse of the platform.

Our total aggregate liability arising out of or in connection with the agreement in any 12-month period is limited to the amount of subscription fees actually paid by the Customer to us in the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under mandatory law, including liability for wilful misconduct or for damage caused intentionally.

16. Indemnity

The Customer will defend and indemnify DinghyFleet against third-party claims, and resulting damages, fines and reasonable costs, arising from Customer Content, from the Customer's use of the platform in breach of these Terms or of law, or from a charter or commercial arrangement to which the Customer is a party.

We will notify the Customer of any such claim without undue delay, allow the Customer to control the defence with counsel of its choice, and provide reasonable cooperation at the Customer's expense. The Customer may not settle a claim in a way that imposes an obligation on us without our written consent.

17. Force majeure

Neither party is liable for a failure or delay in performance (other than payment obligations) caused by an event beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, strikes, epidemics, failures of public telecommunications or energy networks, or outages of essential third-party infrastructure providers.

18. Changes to these Terms

We may amend these Terms to reflect changes to the service, to our providers, or to legal requirements. The current version is always published at /terms with its effective date.

We will notify the Customer of material changes in the application or by email at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. A Customer that does not accept a material change may terminate before it takes effect.

19. Governing law and jurisdiction

These Terms and any non-contractual obligations arising from them are governed by Polish law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

Any dispute will be submitted to the exclusive jurisdiction of the Polish courts competent for the registered office of DinghyFleet sp. z o.o. in Gdańsk. This does not affect mandatory rules of law or mandatory jurisdiction that apply notwithstanding this clause.

20. General

• These Terms, together with the Privacy Policy, the Cookie Policy and any order or data processing terms agreed in writing, form the entire agreement between the parties on their subject matter.
• If any provision is held invalid or unenforceable, it will be replaced by a valid provision reflecting the original intent as closely as possible, and the rest remains in force.
• Failure to enforce a right is not a waiver of it.
• The Customer may not assign the agreement without our written consent; we may assign it to an affiliate or in connection with a merger, reorganisation or sale of assets.
• Nothing in these Terms creates a partnership, agency, employment or joint venture between the parties.
• Notices to us must be sent to office@dinghyfleet.com; notices to the Customer may be given in the application or to the email addresses on its account.