Terms of Service

INTRODUCTION.

Welcome to Boat Butler, a comprehensive platform dedicated to providing exceptional services for boat owners and enthusiasts. These Terms of Service (“Terms“) govern your access to and use of our website, mobile application, and any related services (collectively, the “Services“) provided by Boat Butler (“we,“ “us,“ or “our“). Please read these Terms carefully before accessing or using the Services.

By accessing or using the Services, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Boat Butler. If you do not agree to these Terms, please do not access or use the Services. We may, at our sole discretion, modify or revise these Terms at any time. Your continued access to or use of the Services following the posting of any changes or modifications to the Terms constitutes your acceptance of such changes or modifications. We encourage you to periodically review these Terms to stay informed about any changes or modifications.

ELIGIBILITY.

To access and use the Services, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater. The Services are not intended for use by individuals under the age of 18 or those who do not meet the age requirements as stated. By accessing or using the Services, you represent and warrant that you meet the eligibility requirements, have the legal capacity to enter into a binding agreement, and are not prohibited or restricted by any applicable laws, regulations, or other restrictions from accessing or using the Services. If you do not meet these eligibility requirements, please do not access or use the Services. We reserve the right to terminate or suspend your access to the Services if we become aware that you do not meet these eligibility requirements.

USER ACCOUNTS.

To access and use certain features of the Services, you may be required to create a user account (“Account“). When creating an Account, you agree to provide accurate, current, and complete information as prompted by the registration process. You are responsible for maintaining the confidentiality of your Account login credentials, and you agree not to disclose or share them with any third party. You are solely responsible for all activities that occur under your Account, whether authorized by you or not.

You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these requirements or as a result of unauthorized access to or use of your Account. You may be held liable for any losses incurred by us or any other user of the Services due to someone else using your Account as a result of your failure to maintain the confidentiality of your login credentials.

We reserve the right, at our sole discretion, to refuse registration, suspend, or terminate your Account and access to the Services for any reason, including but not limited to a violation of these Terms, applicable laws or regulations, or any other activity deemed harmful to the Services or other users.

SCOPE OF SERVICES.

Boat Butler provides a comprehensive range of boat maintenance services, designed to assist boat owners and enthusiasts in maintaining their vessels, connecting with other users, and accessing relevant information. By using our Services, you acknowledge and agree to the scope and limitations of the services we offer, as described below:

• Maintenance and Service Reminders: Our advanced engine maintenance algorithms enable us to provide users with automated service reminders and custom notifications based on the hours and months they have entered for scheduled maintenance.
• Boat Details and Documentation: Users can save boat details and documentation within the platform, facilitating easy access to important information about their vessels.
• Tracking Service History and Payments: Our Services enable users to track their boat‘s service history and payments, ensuring transparency and proper record-keeping.
• Forum and Community Interactions: Boat Butler offers a forum page that allows users to interact, share knowledge, and engage in discussions related to boating and boat maintenance.
• Public Library and User Manuals: Users have the option to upload boat manuals to our public library, making them accessible to other users who may benefit from shared information and resources.
• Business Directory: Our platform includes a business directory that connects users with service stations, boat vendors, and other relevant service providers based on quality, location, and user preferences.

Please note that the Services provided by Boat Butler may evolve over time and that we reserve the right to modify or discontinue any aspect of our Services at our sole discretion, with or without notice. By using our Services, you acknowledge and agree that the scope of services provided is subject to change, and you agree to abide by any such changes or modifications.

SUBSCRIPTION PLANS.

Boat Butler offers a range of subscription plans designed to cater to the diverse needs of our users. By selecting and subscribing to a plan, you agree to the terms and conditions associated with that specific plan, as detailed below:

• Trial Plan: Boat Butler may offer a limited-time trial plan for new users, which allows access to our Services on a trial basis. Trial plan users are subject to certain limitations and restrictions, which may differ from those applicable to paid subscription plans. Trial plans may be subject to change or termination at our sole discretion, with or without notice.
• Paid Subscription Plans: Boat Butler offers various paid subscription plans, each with its own set of features, benefits, and pricing. Details of each plan‘s offerings and pricing are available on our website or within the app. By subscribing to a paid plan, you agree to pay the fees associated with your chosen plan, as well as any applicable taxes and charges.
• Plan Modifications: Boat Butler reserves the right to modify, add, or remove subscription plans at any time, with or without notice. Changes to subscription plans may include, but are not limited to, adjustments to pricing, features, and benefits. If we make any material changes to your current subscription plan, we will notify you in advance and provide you with the option to continue with the modified plan or to cancel your subscription.
• Renewals and Cancellations: Subscription plans are billed on a recurring basis, either monthly or annually, as specified during the sign-up process. Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription prior to the renewal date. To cancel your subscription, you must follow the cancellation process outlined in our Services or contact our customer support team for assistance.
• Refunds: All subscription fees are non-refundable, except as required by applicable law or as expressly stated in our refund policy. In the event of a refund, the refunded amount will be credited to your original payment method, and the corresponding subscription access and benefits will be terminated.

By using our Services and subscribing to a plan, you acknowledge and agree to the terms and conditions associated with your chosen subscription plan and the billing, renewal, and cancellation policies stated herein.

PAYMENTS.

By subscribing to a paid plan or purchasing additional services within Boat Butler, you agree to pay the fees and charges associated with your chosen plan or service, as well as any applicable taxes and fees. The following provisions govern the payment process and your obligations related to payments:

• Payment Methods: Boat Butler accepts various payment methods, including but not limited to, credit cards, debit cards, and other online payment systems. By providing a payment method, you represent and warrant that you are authorized to use the provided payment method and that you grant us permission to charge the fees and charges to your chosen payment method.
• Authorization: By subscribing to a paid plan or purchasing additional services, you authorize Boat Butler to charge your chosen payment method for the applicable fees and charges, including any applicable taxes and fees. Your payment method may also be charged for any unpaid amounts from previous billing periods.
• Billing Cycle: Subscription fees are billed on a recurring basis, either monthly or annually, as specified during the sign-up process. Your payment method will be charged on the same day each billing cycle, unless otherwise stated. If your payment date falls on a non-business day or if we are unable to process your payment, your payment method may be charged on the next business day.
• Failed Payments: If we are unable to process your payment, we reserve the right to retry the payment process, suspend your access to the Services, or terminate your subscription. We may also contact you to update your payment information or to collect any unpaid amounts.
• Price Changes: Boat Butler reserves the right to change the pricing of our subscription plans and services at any time. If the pricing of your current subscription plan changes, we will provide you with prior notice, and you will have the option to continue with the modified pricing or cancel your subscription.
• Currency: All fees and charges are listed and processed in the currency specified during the sign-up process. You are responsible for any currency conversion fees or exchange rate fluctuations related to your payments.

By using our Services and agreeing to make payments, you acknowledge and agree to these payment provisions and your responsibilities related to payments. Failure to comply with these provisions may result in the suspension or termination of your access to our Services.

USER GENERATED CONTENT.

Boat Butler allows users to create, upload, post, share, and otherwise make available various forms of content, including but not limited to text, images, videos, and documents (collectively, “User Generated Content“ or “UGC“). By submitting or contributing UGC, you agree to abide by the following provisions related to UGC:

• Responsibility: You are solely responsible for the UGC you create, upload, post, or share using our Services. You represent and warrant that you have the necessary rights, licenses, and permissions to create and share your UGC and that your UGC does not infringe on the rights of any third party, including but not limited to copyrights, trademarks, privacy rights, or other proprietary rights.
• License Grant: By submitting or contributing UGC, you grant Boat Butler and its affiliates a non-exclusive, royalty-free, worldwide, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, distribute, publicly display, and perform your UGC in connection with the operation, promotion, and improvement of our Services. This license also includes the right to create derivative works based on your UGC.
• Moral Rights: To the extent permitted by applicable law, you waive any moral rights you may have in your UGC, including but not limited to the right to be identified as the author or creator and the right to object to derogatory treatment of your UGC.
• Removal of UGC: Boat Butler reserves the right, but is under no obligation, to review, monitor, and remove any UGC at our sole discretion and without notice. This includes UGC that we believe, in our sole judgment, violates these Terms of Service, is illegal, offensive, or otherwise inappropriate, or may infringe the rights of any third party.
• Feedback: We may, at our discretion, use any feedback, suggestions, or ideas you provide to us regarding our Services, without any compensation, acknowledgment, or liability to you.

By submitting or contributing UGC, you acknowledge and agree to these provisions and your responsibilities related to UGC. Failure to comply with these provisions may result in the removal of your UGC, suspension or termination of your access to our Services, or other legal consequences.

INTELLECTUAL PROPERTY RIGHTS.

• Ownership: All content, features, and functionality available on or through our Services, including but not limited to text, graphics, logos, icons, images, audio, video, and software (collectively, “Boat Butler Content“), are the exclusive property of Boat Butler or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Boat Butler name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Boat Butler or its affiliates or licensors. Unauthorized use of any Boat Butler Content is strictly prohibited.
• Limited License: Subject to your compliance with these Terms of Service, Boat Butler grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Boat Butler Content solely for your personal, non-commercial use. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Boat Butler Content or Services without the express written permission of Boat Butler.
• Restrictions: You agree not to use the Boat Butler Content or Services in any manner that violates these Terms of Service or any applicable law, or that infringes on the rights of Boat Butler or any third party. You may not modify, adapt, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Boat Butler Content or Services. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Boat Butler Content or Services.
• Infringement Notification: If you believe that any content on our Services infringes your intellectual property rights, please provide us with a written notice containing the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the allegedly infringing material is located on our Services; (c) your contact information, including your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the owner; and (f) an electronic or physical signature of the person authorized to act on behalf of the copyright or intellectual property owner. Please send your notice to us at the following contact information: info@boatbutler.app.

By respecting intellectual property rights, you help maintain a vibrant and innovative environment on our platform. Any unauthorized use of Boat Butler Content or Services may result in the termination of your access to our Services, as well as potential legal consequences.

PUBLIC LIBRARY & USER MANUALS.

• Public Library: Boat Butler provides a Public Library feature that allows users to upload, share, and access boat-related manuals and documentation. By submitting or uploading any manuals or documents to the Public Library, you represent and warrant that you have the necessary rights, licenses, and permissions to share such materials and that your submission does not infringe upon any third-party intellectual property rights, copyrights, or proprietary rights.
• User Responsibilities: You agree to exercise caution and due diligence when uploading, sharing, or accessing any materials from the Public Library. You are solely responsible for the content you upload and the consequences of sharing such materials. Boat Butler assumes no responsibility or liability for the accuracy, legality, or appropriateness of any content uploaded or shared by users.
• License Grant: By uploading or submitting any manuals or documents to the Public Library, you grant Boat Butler and its users a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted materials solely for the purpose of providing and promoting the Public Library feature in accordance with these Terms of Service.
• Removal of Content: Boat Butler reserves the right, but is not obligated, to review, monitor, and remove any content from the Public Library at its sole discretion, without notice, and for any reason, including but not limited to content that violates these Terms of Service or applicable law.
• Disclaimer: Boat Butler does not endorse, support, or guarantee the completeness, accuracy, or reliability of any content or communications posted or uploaded to the Public Library. You acknowledge that your use of and reliance on any content or materials obtained from the Public Library is at your own risk. Boat Butler disclaims any and all liability arising from your use of the Public Library feature, including any damages or losses resulting from your reliance on the accuracy, quality, or reliability of the content and materials uploaded or shared by users.

By participating in the Public Library feature, you agree to abide by these terms and conditions, respect the intellectual property rights of others, and contribute to a valuable and informative resource for the Boat Butler community.

FORUM GUIDELINES.

• Purpose: The Boat Butler Forum serves as a platform for users to engage in discussions, share information, and interact with other boat owners and enthusiasts. By participating in the Forum, you agree to abide by these Forum Guidelines and foster a respectful, informative, and inclusive community.
• User Conduct: You agree to conduct yourself in a respectful and courteous manner when participating in the Forum. The following behaviors are strictly prohibited:
  • Posting or sharing any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another‘s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Engaging in any form of harassment or bullying, including stalking or repeatedly sending unwanted messages to other users;
  • Using the Forum for any commercial purposes, including advertising or promoting products or services;
  • Posting or sharing any content that contains viruses, malware, or any other malicious software or code;
  • Manipulating with the proper functioning of the Forum, its features, or any user accounts;
  • Encouraging or promoting any illegal activities or violations of these Terms of Service or any applicable laws.
• Content Monitoring & Removal: Boat Butler reserves the right, but is not obligated, to monitor and review user-generated content on the Forum. We may, at our sole discretion, remove or modify any content that we determine violates these Forum Guidelines, the Terms of Service, or applicable laws, without prior notice.
• Reporting Violations: If you encounter any content or conduct on the Forum that you believe violates these Forum Guidelines, please report it to us promptly. Boat Butler will review reported content and take appropriate action, including removal of content or suspension or termination of user accounts, as deemed necessary.
• Disclaimer: Boat Butler does not endorse, support, or guarantee the completeness, accuracy, or reliability of any content or communications posted or shared in the Forum. You acknowledge that your use of and reliance on any content or materials obtained from the Forum is at your own risk. Boat Butler disclaims any and all liability arising from your use of the Forum, including any damages or losses resulting from your reliance on the accuracy, quality, or reliability of the content and materials shared by users.

By participating in the Boat Butler Forum, you agree to abide by these Forum Guidelines and contribute to a positive and informative community experience for all users.

USER CONDUCT.

By using Boat Butler and its services, you agree to adhere to the following User Conduct guidelines, which have been established to maintain a safe, respectful, and enjoyable environment for all users. You are solely responsible for any content or information you post, share, or otherwise transmit through our platform. You agree not to engage in any of the following prohibited activities:

• Unlawful or Inappropriate Content: You shall not post, share, or transmit any content that is illegal, offensive, defamatory, fraudulent, deceptive, or misleading, or that promotes or encourages violence, discrimination, or hatred based on race, ethnicity, religion, gender, age, sexual orientation, or disability.
• Intellectual Property Rights: You shall not infringe upon the intellectual property rights, copyrights, trademarks, or other proprietary rights of any party. You must have the necessary rights, licenses, or permissions to use any content you share or upload to our platform.
• Interference with Services: You shall not interfere with, disrupt, or attempt to gain unauthorized access to any part of the Boat Butler platform, its servers, or any associated networks or systems, or breach any security measures implemented on our platform.
• Malicious Software: You shall not upload, distribute, or transmit any viruses, malware, or other harmful code that may damage, disrupt, or compromise the functionality, security, or integrity of Boat Butler or any user‘s devices or data.
• Data Mining and Unauthorized Access: You shall not engage in any form of data mining, data scraping, or unauthorized collection of information from the Boat Butler platform or its users, nor shall you attempt to gain unauthorized access to any user accounts or personal information.
• Commercial Use: You shall not use the Boat Butler platform for any commercial purposes, including advertising, soliciting, or promoting products or services, without the express written consent of Boat Butler.
• Impersonation and Misrepresentation: You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity for the purpose of misleading others.
• Harassment and Disruptive Behavior: You shall not harass, threaten, intimidate, or engage in any disruptive behavior towards other users, or in any way interfere with their use and enjoyment of the Boat Butler platform.
• Violations of Applicable Laws: You shall not engage in any activities that violate any local, state, national, or international laws or regulations.

Boat Butler reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these User Conduct guidelines, including removing offending content, suspending or terminating the account of the violator, and/or reporting them to the appropriate authorities.

TERMINATION & SUSPENSION.

Boat Butler reserves the right, in its sole discretion, to terminate or suspend your access to the platform and its services, with or without notice, for any reason, including but not limited to the following:

• Breach of Terms: If you have violated any provision of these Terms of Service, or if Boat Butler believes, in its sole discretion, that you have engaged in conduct that is harmful to the platform, its users, or its business interests.
• Inactivity: If your account remains inactive for an extended period, as determined by Boat Butler, we may terminate or suspend your account to ensure the efficient use of resources and the overall security of the platform.
• Legal Compliance: If we are required to do so by law, regulation, or court order, or if we believe that such action is necessary to comply with legal requirements or to protect the rights, property, or safety of Boat Butler, its users, or the public.

Technical or Security Issues: If we believe that your continued use of the platform may compromise the security, integrity, or functionality of the platform or its services, or if we become aware of any unauthorized access or misuse of your account.

Upon termination or suspension, your right to use the Boat Butler platform and its services will cease immediately. You acknowledge that Boat Butler is not liable to you or any third party for any termination or suspension of your account or access to the platform. Boat Butler may, in its sole discretion, retain or delete any content, data, or information associated with your account following termination or suspension. If your account is terminated, you may not create a new account without the express permission of Boat Butler.

If you wish to terminate your account, you may do so by contacting Boat Butler‘s customer support. Please note that upon termination of your account, any outstanding fees or charges will become due and payable immediately, and any unused portions of paid subscription plans will not be refunded.

DISCLAIMERS.

The Boat Butler platform and its services are provided on an “as is“ and “as available“ basis, without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any other implied warranties arising from course of dealing or usage of trade. Boat Butler makes no representation or warranty as to the accuracy, completeness, reliability, timeliness, or availability of the platform, its services, or any content, data, or information provided through the platform.

Boat Butler does not warrant that the platform or its services will be uninterrupted, error-free, secure, or free of viruses, malware, or other harmful components. You acknowledge and agree that your use of the platform, its services, and any content, data, or information provided through the platform is at your own risk, and that you are solely responsible for any damage, loss, or harm resulting from such use, including but not limited to any damage to your computer system, mobile device, or loss of data.

Boat Butler disclaims any liability or responsibility for the actions, conduct, or content of any third parties, including but not limited to other users of the platform, service providers, advertisers, or partners. You acknowledge and agree that Boat Butler is not responsible for any loss or damage resulting from your interactions with such third parties, or from their products, services, or content.

IN NO EVENT SHALL BOAT BUTLER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE PLATFORM, ITS SERVICES, OR ANY CONTENT, DATA, OR INFORMATION PROVIDED THROUGH THE PLATFORM, EVEN IF BOAT BUTLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BOAT BUTLER‘S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Boat Butler, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys‘ fees) that arise from or relate to: (a) your use of, or inability to use, the Boat Butler platform or its services; (b) your violation of these Terms of Service, any applicable laws, regulations, or any other agreements you may have with Boat Butler or any third parties; (c) your infringement or misappropriation of any intellectual property rights or other rights of any third parties; (d) any User Generated Content or other material or information you submit, transmit, or otherwise make available through the platform or its services; or (e) your conduct, including but not limited to any interactions with other users of the platform or third parties.

Boat Butler reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with Boat Butler‘s defense of such claim. You agree not to settle any matter subject to indemnification without the prior written consent of Boat Butler. This indemnification provision shall survive the termination or expiration of these Terms of Service and your use of the Boat Butler platform and its services.

THIRD-PARTY LINKS.

The Boat Butler platform may contain links to third-party websites, resources, or services that are not owned or controlled by Boat Butler. These links are provided solely for your convenience and reference. Boat Butler does not endorse, approve, or assume any responsibility for the content, materials, information, products, or services available on or through any third-party websites, resources, or services. Access to and use of such third-party websites, resources, or services is solely at your own risk, and you acknowledge and agree that Boat Butler shall not be liable, directly or indirectly, for any damage or loss resulting from or in connection with your use of, or reliance on, any content, materials, information, products, or services available on or through any third-party websites, resources, or services.

If you decide to access any third-party websites, resources, or services linked to the Boat Butler platform, you do so entirely at your own risk and subject to the terms and conditions of use, and privacy policies of such third-party websites, resources, or services. We strongly encourage you to review the applicable terms, conditions, and policies before using any third-party websites, resources, or services.

GOVERNING LAW.

These Terms of Service, and any disputes, claims, or controversies arising from or relating to your access to, use of, or interaction with the Boat Butler platform or services, shall be governed by and construed in accordance with the laws of the jurisdiction in which Boat Butler is incorporated, without giving effect to any principles of conflicts of laws.

By using the Boat Butler platform or services, you expressly agree that any legal action, dispute, claim, or proceeding arising out of or relating to these Terms of Service, the Boat Butler platform, or services, shall be brought exclusively in the competent courts of the jurisdiction in which Boat Butler is incorporated. You further acknowledge and agree that you waive any objection to the venue, jurisdiction, or inconvenience of such courts and agree to submit to the exclusive jurisdiction of such courts for the purpose of litigating any such action, dispute, claim, or proceeding.

To the extent that any applicable law, statute, or regulation conflicts with these Terms of Service, the applicable law, statute, or regulation shall control, and any provision of these Terms of Service that is found to be unenforceable or invalid under any applicable law, statute, or regulation shall be deemed modified to the extent necessary to conform to the minimum requirements of such law, statute, or regulation or, if such modification is not possible, be deemed severed from these Terms of Service, and the remaining provisions shall remain in full force and effect.

DISPUTE RESOLUTION.

In the event of any dispute, claim, or controversy arising from or relating to these Terms of Service, the Boat Butler platform, or the services provided, you and Boat Butler agree to first attempt to resolve such dispute amicably through good faith negotiations. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute is first raised by either party, either party may initiate formal dispute resolution proceedings as set forth below.

Both parties agree to submit any disputes that cannot be resolved amicably to binding arbitration in accordance with the rules and procedures of the arbitration body designated by Boat Butler in the jurisdiction in which Boat Butler is incorporated. The arbitration shall be conducted by a single arbitrator, appointed by the arbitration body, who shall be experienced in the subject matter of the dispute. The language of the arbitration shall be English, and the decision of the arbitrator shall be final, binding, and not subject to appeal.

The arbitration proceedings shall be confidential, and neither party shall disclose to any third party any information or materials related to the arbitration, the arbitrator‘s decision, or the arbitration award, except as required by law, regulation, or court order. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could grant, including, but not limited to, specific performance, injunctive relief, and/or monetary damages. The prevailing party in the arbitration shall be entitled to recover its reasonable attorneys‘ fees, expert witness fees, and other costs incurred in the arbitration, in addition to any other relief awarded.

Notwithstanding the foregoing, either party may seek preliminary or temporary injunctive relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or other proprietary interests, pending the outcome of the arbitration.

AMENDMENTS.

Boat Butler reserves the right to modify, amend, or update these Terms of Service at any time and at its sole discretion. Any changes will be posted on the Boat Butler platform, along with an updated effective date. Your continued use of the platform and its services following the posting of any changes to the Terms of Service constitutes your acceptance of those changes. If you do not agree with any changes, you must discontinue your use of the Boat Butler platform and its services.

SEVERABILITY.

If any provision of these Terms of Service is determined by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the unenforceable provision shall be severed from these Terms of Service, and the remaining provisions shall remain in full force and effect.

WAIVER.

No failure or delay by Boat Butler in exercising any right, power, or remedy under these Terms of Service shall operate as a waiver of such right, power, or remedy. Any waiver of any provision of these Terms of Service by Boat Butler must be in writing and signed by an authorized representative of Boat Butler.

ASSIGNMENT.

You may not assign or transfer your rights or obligations under these Terms of Service without the prior written consent of Boat Butler. Boat Butler may assign or transfer its rights and obligations under these Terms of Service, in whole or in part, to any affiliate or successor, or in connection with a merger, acquisition, or sale of all or substantially all of its assets, without your consent and without notice to you. Any attempted assignment or transfer in violation of this provision shall be null and void.

CONTACT US.

If you have any questions, concerns, or requests related to these Terms or your rights as a user, please feel free to contact us using the information provided below. Our dedicated team will promptly address your inquiries and ensure that your concerns are resolved in a timely and satisfactory manner.

Boat Butler: Boat Butler App LLC

906 Kennedy Dr, Suite A

Key West, Florida 33040

Email: info@boatbutler.app

Phone number: (786) 805-4881