Terms and Conditions

1Interpretation and Definitions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

2The Service

The Service consists of two primary components provided together as part of Your Subscription:

• Custom Website: A bespoke website designed, developed, hosted, and maintained by the Company specifically for Your business. Custom Websites are not self-service products. The Company designs and builds the Custom Website on Your behalf based on Your input and requirements.
• Admin Platform: A proprietary web-based application that allows You to manage content, inventory, leads, analytics, email campaigns, and other aspects of Your business operations, subject to the features available under Your Subscription Plan.

The specific features and capabilities available to You depend on Your Subscription Plan. The Company reserves the right to determine which features are included in each Subscription Plan and may modify feature availability at any time with reasonable notice.

3Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By subscribing to or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18 and have the legal authority to enter into these Terms on behalf of Yourself or the entity You represent. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

4Subscriptions and Billing

Subscription Period

The Service is available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the Subscription Plan you select. Your Subscription includes access to the Admin Platform, hosting and operation of Your Custom Website, and ongoing bug fixes and maintenance as described in these Terms.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Feature Availability

Not all features of the Admin Platform or Custom Website are available on all Subscription Plans. The features available to You are determined by the Subscription Plan You have selected. The Company may introduce new features, modify existing features, or reorganize feature availability across Subscription Plans at any time. If features included in Your current plan are removed or moved to a higher tier, the Company will provide reasonable prior notice.

Subscription Cancellations

You may cancel Your Subscription renewal either through Your Account settings or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period. Upon cancellation and expiry of Your current period, Your Custom Website will be taken offline and Your access to the Admin Platform will be revoked.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Failure to pay within the specified deadline may result in suspension or termination of the Service.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

5Custom Website Development

Design and Development Process

The Company will design and develop a Custom Website for You based on Your input, requirements, and business needs. The Custom Website is not a self-service product; it is created by the Company on Your behalf. You are responsible for providing the Company with all necessary content, brand assets, specifications, and timely feedback required to complete the design and development process.

Delays caused by Your failure to provide requested materials or feedback in a timely manner may extend the development timeline. The Company shall not be liable for any delays resulting from Your failure to cooperate or respond.

Feedback Period

Following the initial launch of Your Custom Website, You will have a Feedback Period of fourteen (14) calendar days during which You may request reasonable modifications, adjustments, and refinements to the Custom Website at no additional charge. “Reasonable modifications” are limited to adjustments to layout, styling, content placement, and minor functional changes that fall within the original scope of the website as agreed upon during development.

The Company reserves the sole right to determine what constitutes a “reasonable modification” versus a new feature, significant redesign, or out-of-scope request. Requests that require substantial new development, new pages, new functionality, or a fundamentally different design direction are not considered reasonable modifications and will be treated as paid work.

Post-Feedback Period Changes

After the Feedback Period has expired, any requested changes, modifications, additions, or enhancements to the Custom Website beyond routine content updates made through the Admin Platform will be subject to additional fees at the Company's then-current rates. The Company will provide You with a quote before commencing any paid work.

Hosting and Operation

The Custom Website is hosted, operated, and maintained by the Company as part of Your Subscription. You do not have direct access to the hosting environment, server infrastructure, source code, or underlying technology of the Custom Website. The Custom Website exists and operates solely as part of the Service and is not independently transferable.

6Admin Platform

Access and Features

The Admin Platform is a shared, multi-tenant software application provided by the Company. The features and tools available to You within the Admin Platform are determined by Your Subscription Plan. The Company may, at its sole discretion, add, modify, or remove features from the Admin Platform or reorganize which features are available under which Subscription Plans.

Platform Updates and Upgrades

The Company continuously develops and improves the Admin Platform. Updates, upgrades, new features, and improvements will be made available to You automatically, subject to Your Subscription Plan. You acknowledge that the Admin Platform is a living product that evolves over time, and the Company makes no guarantee that any specific feature will remain available, unchanged, or function in any particular manner indefinitely.

Feature Requests and Suggestions

You may suggest features, improvements, or changes to the Admin Platform. The Company welcomes such input but is under no obligation whatsoever to implement, develop, or incorporate any suggestion or request. The Company will evaluate suggestions at its sole discretion and will only pursue those that align with the platform's roadmap and the needs of the broader user base. Any suggestions You provide become the property of the Company as described in Section 7.

Acceptable Use

You agree to use the Admin Platform only for its intended purposes and in compliance with all applicable laws. You shall not attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Admin Platform. You shall not attempt to access, interfere with, or disrupt the Admin Platform's infrastructure, other users' data, or the Company's systems.

7Intellectual Property and Ownership

Company Ownership

The Company retains all right, title, and interest in and to all Platform Materials, including but not limited to all source code, object code, software, designs, templates, frameworks, components, layouts, stylesheets, scripts, APIs, and documentation created, developed, or used in connection with the Service, the Admin Platform, and the Custom Website. This includes all intellectual property rights therein, including copyrights, patents, trade secrets, trademarks, and any other proprietary rights.

For the avoidance of doubt, the Custom Website—including its design, code, structure, and all underlying technology—is and remains the exclusive property of the Company. Your Subscription grants You a limited, non-exclusive, non-transferable, revocable license to use the Service (including the Custom Website and Admin Platform) for the duration of Your Subscription, solely for Your internal business purposes.

Upon termination or cancellation of Your Subscription, all rights granted to You under this license immediately terminate. You shall have no right to any source code, design files, templates, or other Platform Materials, whether in whole or in part.

Your Content Ownership

You retain ownership of the Content You provide, including Your text, images, logos, brand assets, boat listings, and other business data. However, You grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute Your Content solely for the purpose of providing the Service to You (including displaying Content on Your Custom Website and processing it through the Admin Platform).

Feedback and Suggestions

You assign all right, title, and interest in any feedback, suggestions, ideas, or improvements You provide to the Company regarding the Service. If for any reason such assignment is ineffective, You agree to grant the Company a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, and exploit such feedback without restriction or obligation to You.

Trademarks

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

8Your Content and Data

Your Responsibility

You are solely and exclusively responsible for all Content that You post, upload, publish, or otherwise make available through the Service or on Your Custom Website, including its legality, accuracy, reliability, and appropriateness. The Company acts solely as a technology platform provider and does not review, approve, endorse, or verify any Content posted by You.

Content Restrictions

You may not use the Service to transmit, display, or host any Content that is:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine- or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, or any form of unauthorized solicitation.
• Containing viruses, malware, trojan horses, or other harmful components designed to disrupt or damage any software, hardware, or telecommunications equipment.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, or right of publicity.
• Impersonating any person or entity, or misrepresenting Your affiliation with any person or entity.
• Violating the privacy of any third person.
• Fraudulent, deceptive, or containing false information.

The Company reserves the right, but has no obligation, to review, refuse, or remove any Content in its sole discretion. The Company may also suspend or terminate the Service if You post objectionable Content.

Content Backups

Although the Company performs regular backups, the Company does not guarantee there will be no loss or corruption of data. You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

9Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your Content, including any claims that Your Content infringes or violates the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
• Your use of the Service, the Custom Website, or the Admin Platform.
• Your business operations, activities, products, or services promoted, offered, or conducted through the Custom Website or the Service.
• Any claims, disputes, or legal actions brought by Your customers, visitors, or any third parties in connection with Your Custom Website or Your business.
• Your violation or alleged violation of these Terms or any applicable law or regulation.
• Any misrepresentation made by You.

The Company provides the technology platform only. The Company is not a party to, and bears no responsibility for, any transaction, interaction, dispute, or relationship between You and Your customers, visitors, or any third party. You acknowledge that the Company's role is analogous to that of a website hosting and software provider, and that You bear sole responsibility for Your business and all activities conducted through the Service.

10Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that copyrighted work has been copied in a way that constitutes copyright infringement through the Service, You must submit Your notice in writing to our copyright agent via email at dmca@yachtone.io and include a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Procedure

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
2. A description of the copyrighted work that You claim has been infringed, including the URL where the copyrighted work exists or a copy of the copyrighted work.
3. Identification of the URL or specific location on the Service where the infringing material is located.
4. Your address, telephone number, and email address.
5. A statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Contact our copyright agent at dmca@yachtone.io. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content.

11Bug Fixes and Maintenance

As part of Your Subscription, the Company will fix bugs and technical issues in Your Custom Website and the Admin Platform at no additional charge. “Bugs” are defined as unintended errors or defects in the Service that cause functionality to deviate from its intended behavior.

Bug fixes do not include changes, modifications, enhancements, new features, or adjustments to the design or functionality of Your Custom Website beyond the Feedback Period. Content changes, design alterations, and new functionality requested after the Feedback Period are not considered bug fixes and are subject to additional fees.

The Company will use commercially reasonable efforts to address reported bugs in a timely manner, but does not guarantee any specific response time or resolution time. The Company reserves the right to determine, in its sole discretion, whether a reported issue constitutes a bug or a change request.

The Company may perform scheduled or unscheduled maintenance on the Service, which may result in temporary unavailability. The Company will use reasonable efforts to minimize disruption but shall not be liable for any downtime or service interruptions resulting from maintenance, updates, or circumstances beyond the Company's reasonable control.

12Data Export and Portability

Upon request, and subject to payment of any outstanding fees, the Company may provide You with an export of Your Content in a standard format (such as static HTML files, CSV, or other formats as determined by the Company). Data export requests are fulfilled at the Company's reasonable discretion and availability.

For the avoidance of doubt, data export does not include any source code, design files, templates, frameworks, components, stylesheets, scripts, or any other Platform Materials. You will receive Your Content only—not the underlying technology, design, or code used to present it. Exported content is provided as-is and the Company makes no guarantees regarding its compatibility with any third-party platform or service.

Following termination of Your Subscription, the Company will retain Your Content for a period of thirty (30) calendar days, during which You may request an export. After this period, the Company reserves the right to permanently delete all of Your Content and data without further notice.

13Third-Party Links and Services

The Service or Your Custom Website may contain links to third-party websites, integrations, or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

14Termination

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions, fail to pay Subscription fees, or engage in any activity that the Company determines, in its sole discretion, is harmful to the Service, other users, or the Company.

Upon termination, whether by You or by the Company:

• Your right to use the Service will cease immediately.
• Your Custom Website will be taken offline and will no longer be publicly accessible.
• Your access to the Admin Platform will be revoked.
• You will have no right to any source code, design files, Platform Materials, or any other proprietary materials of the Company.
• You may request an export of Your Content within thirty (30) days as described in Section 12.

Termination does not relieve You of any obligation to pay outstanding fees or of any indemnification obligations under these Terms. The following sections survive termination: Intellectual Property and Ownership, Indemnification, Limitation of Liability, and any other provisions which by their nature should survive termination.

15Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, agents, licensors, or suppliers be liable to You or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages whatsoever, including but not limited to damages for loss of profits, loss of revenue, loss of data, loss of business opportunities, loss of goodwill, business interruption, or any other intangible losses, arising out of or in connection with:

• Your use of or inability to use the Service, the Admin Platform, or the Custom Website.
• Any errors, bugs, defects, interruptions, delays, or failures in the Service, whether caused by the Company's negligence or otherwise.
• Any unauthorized access to or alteration of Your data or Content.
• Any loss of data, Content, or business information, regardless of cause.
• Any actions, claims, or disputes between You and Your customers or any third party.
• Any downtime, maintenance, updates, or modifications to the Service.
• Any third-party software, integrations, or services used in connection with the Service.

The Company's total aggregate liability under these Terms, regardless of the form of action or theory of liability, shall not exceed the total amount paid by You to the Company during the three (3) months immediately preceding the event giving rise to the claim, or one hundred Canadian dollars (CAD $100), whichever is greater.

The limitations and exclusions in this section apply regardless of whether the Company has been advised of the possibility of such damages, whether the damages were foreseeable, and whether any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, in which case the Company's liability will be limited to the greatest extent permitted by applicable law.

16“AS IS” and “AS AVAILABLE” Disclaimer

The Service, including the Admin Platform and the Custom Website, is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limitation, the Company makes no warranty or representation that:

• The Service will meet Your requirements or achieve any intended results.
• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the Service will be accurate or reliable.
• Any errors or defects in the Service will be corrected within any specific timeframe.
• The Service will be compatible with any other software, applications, or services.
• The Service, its servers, or emails sent by or on behalf of the Company are free of viruses or other harmful components.
• The Service will generate any particular level of traffic, leads, sales, or revenue for Your business.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You. In such cases, the exclusions shall be applied to the greatest extent enforceable under applicable law.

17Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Company's reasonable control, including but not limited to:

• Acts of God, natural disasters, floods, earthquakes, fires, epidemics, or pandemics.
• War, terrorism, civil unrest, sanctions, embargoes, or government actions.
• Failures or disruptions of internet infrastructure, telecommunications networks, DNS providers, cloud hosting providers (including but not limited to AWS, Vercel, Google Cloud, and similar services), or other third-party service providers.
• Cyberattacks, distributed denial-of-service (DDoS) attacks, hacking, or other malicious activities directed at the Company's infrastructure or its third-party providers.
• Power outages, hardware failures, or software failures in systems not owned or operated by the Company.
• Changes in law, regulation, or government order that affect the Company's ability to provide the Service.
• Labour disputes, strikes, or shortages of materials.

During a force majeure event, the Company's obligations under these Terms shall be suspended for the duration of the event. The Company will use commercially reasonable efforts to mitigate the impact of the event and resume performance as soon as practicable. A force majeure event shall not relieve You of Your obligation to pay any fees due under these Terms.

18Non-Solicitation

During the term of Your Subscription and for a period of twelve (12) months following the termination or expiration of Your Subscription (the “Restricted Period”), You agree that You shall not, directly or indirectly:

• Solicit, recruit, hire, engage, or attempt to solicit, recruit, hire, or engage any employee, contractor, freelancer, consultant, or agent of the Company, whether for employment, contract work, or any other form of engagement.
• Induce, encourage, or assist any employee, contractor, or agent of the Company to leave or terminate their relationship with the Company.
• Engage any individual who was an employee, contractor, or agent of the Company at any time during the twelve (12) months preceding the solicitation, for purposes of developing, designing, building, or maintaining any website, software, or service that is similar to or competitive with the Service.

This restriction applies regardless of whether the employee, contractor, or agent initiates the contact. If an employee or contractor of the Company approaches You independently, You are required to notify the Company before entering into any engagement.

In the event of a breach of this section, You agree to pay the Company liquidated damages equal to twelve (12) months of the departing individual's compensation as paid by the Company, which the parties agree is a reasonable pre-estimate of the Company's losses and not a penalty. This remedy is in addition to any other remedies available to the Company at law or in equity, including injunctive relief.

19Template Legal Documents

The Company may provide template legal documents, including but not limited to Terms and Conditions, Privacy Policies, and Cookie Banner text (“Template Documents”), as a convenience to Subscribers through the Admin Platform.

No Legal Advice

Template Documents are provided for informational purposes only and do not constitute legal advice. The Company is not a law firm and does not provide legal services. Template Documents are not a substitute for advice from a qualified legal professional.

Subscriber Responsibility

Each Subscriber is solely responsible for:

• Reviewing all Template Documents with a qualified legal professional before publishing them on their website.
• Ensuring that any legal documents published on their website comply with all applicable laws, regulations, and industry standards in their jurisdiction.
• Customizing Template Documents to accurately reflect their specific business practices, data processing activities, and legal obligations.
• Keeping published legal documents up to date as laws, regulations, and business practices change.

Data Controller Status

Subscribers are the data controllers for their own websites and are solely responsible for compliance with applicable data protection laws (including but not limited to GDPR, CCPA/CPRA, PIPEDA, and other privacy regulations) in relation to the personal data collected through their websites.

Disclaimer of Liability

The Company makes no representations or warranties regarding the legal adequacy, completeness, accuracy, or suitability of any Template Documents for any particular purpose or jurisdiction. Template Documents are provided “AS IS” without warranty of any kind.

The Company shall have no liability whatsoever for any claims, damages, losses, or expenses (including legal fees) arising from or related to the Subscriber's use, modification, or publication of Template Documents, including but not limited to any failure of such documents to comply with applicable laws or regulations.

Clickwrap Acknowledgment

Before publishing any Template Documents on their website, Subscribers must acknowledge and accept the disclaimers set forth in this section through the Admin Platform's clickwrap confirmation process.

20Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of British Columbia, Canada, and You consent to the personal jurisdiction of such courts. Your use of the Service may also be subject to other local, state, provincial, national, or international laws.

21Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. You agree to attempt good-faith negotiations for a period of at least thirty (30) days before initiating any formal legal proceeding.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

22Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between You and the Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

23Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.