CUSTOMER AGREEMENT
Last Updated: October 11, 2023
This customer agreement (this “Agreement”) between you (“Subscriber,” “you” or “your”) and BoatBot L.L.C. (the “Company,” “us,” “our” or “we”) applies to your paid, trial, advertising-supported or other subscription (“Subscription”) to our marine service technology, (“On-Line Application”).
Our Privacy Policy governs the treatment by us of information that we collect when you use the Services, our apps or our website (the “Site”) and can be found at www.BoatBot.ai.
Subscriptions are available to a variety of service tiers, and we refer to them in this Agreement as “Plans.” Subscriptions are also available in a variety of recurring payment plans, and we refer to them in this Agreement as “Plans.” You have the right to change your Plan at any time. We reserve the right to change, rearrange, add, or delete content on the Service or Plan at any time, without notice. Further, we may modify, offer additional, or cease offering certain Plans at any time, including adjusting pricing for any Package, fees or components thereof, or modifying the availability of or eligibility requirements for certain Plans. We reserve the right to migrate you to another Plan at any time.
A. HOW TO CANCEL:
1. You may cancel your Subscription at any time through My Settings in Your Profile. Your cancellation will be effective on the date we receive your notification or on a later date that you request. Uninstalling our app from your devices does not cancel your Subscription. A cancellation fee may apply.
2. We may cancel your Subscription if you fail to pay for your Subscription, breach this Agreement, or for any other reason in our sole discretion. If your subscription is canceled, you are responsible for payment of any outstanding balances on your account, including fees you may incur or may have incurred.
B. CONTACT INFORMATION FOR ISSUES, OTHER THAN CANCELLATION:
For contact other than cancellation please contact [email protected]
C. AUTOMATIC RENEWAL:
A paid Subscription, including those with a free or discounted introductory period, will continue for the length of your selected paid Plan (“Subscription Term”) and will automatically renew for additional like periods or any other length described in our offer, unless you cancel prior to that renewal, your Subscription is canceled by us, or you select a different service. Your account will automatically be charged (or you will be billed, as applicable) at the rates in effect at the time of each renewal, plus fees and taxes. If you do not accept the change in pricing, you have the right to reject the change by canceling your subscription prior to the change taking effect. Changes in pricing will take effect at the start of the next Subscription period following the date of the price change.
D. CHANGES IN TERMS:
WE RESERVE THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS, WHICH IS REFLECTED IN THE DATE LAST UPDATED. FOR EXISTING ACTIVE SUBSCRIPTIONS, SUCH CHANGES SHALL BE EFFECTIVE THIRTY (30) DAYS AFTER POSTING OF THE REVISIONS AT WWW.BOATBOT.AI YOUR CONTINUED USE OF THE SERVICE AFTER THAT DATE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
E. PLANS:
1. Multiple Subscriptions: You may have multiple devices accessing your and Subscription. Each Subscription to the On-Line Application is tied to one vessel or service provider. A separate Subscription is required for each Vessel or service provider depending on your plan. If you have more than one Subscription on your account, the additional Subscriptions may be eligible for reduced rates. To qualify for and maintain a reduced rate, you must meet the following qualifications: (1) your Subscriptions must be on one account; and (2) you must have at least one active Subscription on an eligible package with a full-price plan. Eligible packages are determined solely by us. Trial Subscriptions, ad-supported, promotional or discount priced plans are not full-priced Plans and do not qualify for additional Subscriptions for reduced rates.
2. Offer Details: Offers and plans may be subject to additional limitations and eligibility requirements, which are presented to you at or before the point of sale. Visit site for additional limitations that may apply to certain plans. You must meet all offer qualifications or adhere to any limitations disclosed with the offer details. Service terms, subscriber eligibility and account qualifications. Eligibility for a particular plan or rate does not guarantee its future availability to you, its transferability, or your eligibility for such service on other radios or subscriptions on your account. We reserve the right to discontinue all discounts or change the terms of such discount, at any time.
F. FINANCIAL MATTERS:
If you purchase a paid subscription, you agree to pay us in advance as follows:
1. Subscription Billing Payments:
Credit Card Billing: You may pay by credit card or debit card. We may obtain information regarding your selected payment method as made available by your financial institution or through a credit card service. Your card will be charged on the day you select the Subscription and on the day of each renewal of your Plan, or according to the payment terms in any offer you accepted.
2. Payments: All payments must be made in U.S. Dollars, USD. If you do not pay your balance, we will deactivate your Subscription for non-payment and charge a late fee. For unpaid amounts, we reserve the right to retry your payment method. If you choose to reactivate your Subscription we may charge you an activation fee, and we will apply payments first to any past due amounts and then to your current and future obligations.
3. Taxes: All amounts charged to your account may be subject to tax, which will vary according to the address on your account and are your responsibility.
4. Fees: We may charge you one or more of the following fees, all of which are subject to change without notice:
Activation Fee: For each app sign in on your account, we may charge you a fee to activate, reactivate, upgrade or modify your Service.
Late Fee: If payment is not received in a timely manner, we may charge you a late fee. This fee is not an interest charge, finance charge, or other charge of a similar nature.
Returned Payment Fee: If any financial institution refuses to honor your payment, we may charge you a fee. This fee is not an interest charge, finance charge, or other charge of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment.
Cancellation Fee: Cancellation fees or early termination fees may be charged in connection with certain offers.
5. Billing Disputes:
All disputes must be submitting in writing to [email protected]. Please include the following information: Your name, service address, cellular number, vessel name, and the details of your question. If you wish to dispute any charge, you must contact us within thirty (30) days after the date of the charge in question. OTHERWISE YOU WAIVE YOUR RIGHT TO DISPUTE THE CHARGE.
6. Refunds:
If you cancel any other paid Subscription prior to its renewal date or expiration, we will refund amounts paid in advance, on a pro-rated basis, less any applicable fees, unless stated otherwise in the specific offer for Service that you accepted. Fees attributable to certain promotional offerings or Service received during trial periods may not be refunded.
G. Advisory Nature of Services; User Responsibility; User Safety/Reliance; Parental Control:
You assume the entire risk related to your use of the Service. The traffic, weather, marine weather, aviation weather, and other content and emergency alert information and data on the Service is not for “safety for life,” but is merely advisory in nature. You should not rely on such information in any sea craft or any other usage, including disease or diagnosis. We are not responsible for any errors or inaccuracies in information provided over the Service or its use.
H. OUR TECHNOLOGY AND CONTENT:
1. Technology:
You agree not to copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology, data or content stored or incorporated in any devices, our apps, equipment or software used to receive the Service. You agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of the Site or the On-Line Application.
2. Liability Clause for AI-Powered Responses:
Company provides AI-driven answers to customer queries in Captain A.I. and other features in their system. These answers are provided in good faith based on available information and data at the time of response. However, the Company makes no representations or warranties regarding the accuracy, reliability, or completeness of the information provided by its AI.
Customers should be aware that the information provided by the AI is not a substitute for professional advice, and it is advisable to seek such advice for specific, complex, or critical matters. The Company does not replace or provide professional services, and customers are encouraged to consult with qualified experts, professionals, or legal, medical, financial, or other specialists for individualized guidance.
By using the AI-powered customer service, customers agree to hold the Company harmless and not liable for any action, omission, or reliance on the information provided by the AI. The Company, its employees, contractors, and affiliates shall not be responsible for any direct, indirect, incidental, consequential, or any other damages resulting from the use of the AI service.
This liability disclaimer applies to all interactions and communications with the AI service provided by the Company.
Customers understand and agree that the AI responses are generated by an automated system and may not always be up-to-date, accurate, or tailored to individual circumstances.
This liability clause is governed by the laws of Oklahoma, and any legal disputes arising from the use of the AI service will be subject to the exclusive jurisdiction of the courts in Oklahoma County, Oklahoma.
By using the AI-powered customer service, customers acknowledge that they have read and understood this liability clause and agree to its terms.
3. Content:
All applications, text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content available on the Site or included in the Service (collectively, the “Content”), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content are owned by us or are the property of our licensors and suppliers who have given us permission to use it. Neither your access to and use of the Service or our apps, nor does this Agreement grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the owner(s).
4. Trademarks:
BoatBot and Captain A.I. are trademarks, service marks or registered marks of BoatBot LLC (“Marks”). Other trademarks, service marks, graphics, logos and domain names appearing on the Service or the Site may be the trademarks of third parties. Neither your access to and use of the Service or the Site grants you any right, title or interest or license to reproduce or otherwise use the Marks or any third-party trademarks, service marks, graphics, logos or domain names. Any goodwill in the marks generated because of your use of the Service will inure to our benefit.
I. LIMITATION OF LIABILITY:
1. Disclaimers: ALL OF OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ALL WARRANTIES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) ARE HEREBY DISCLAIMED.
UNDER NO CIRCUMSTANCES SHOULD A USER OF THE SERVICE MAKE DECISIONS BASED SOLELY OR IN PART ON CAPTAIN AI, SHIPSHAPE, OR OTHER INFORMATION CONTAINED WITHIN THE SERVICE OR OUR APPS. WE ASSUME NO RESPONSIBILITY FOR ACCIDENTS, DAMAGES OR OTHER LOSSES RESULTING FROM OR ASSOCIATED WITH USE AND/OR MISUSE OF THE SERVICE OR OUR APPS.
2. Limitations of Liability: IN NO EVENT ARE WE OR ANY THIRD PARTY, INCLUDING ANY EXTERNAL SERVICE, LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, OR LOSSES RELATING TO THE USE, LOSS OF USE OR DATA, OR PURCHASE OF ANY CELLULAR PHONE, COMPUTER OR EQUIPMENT, OR YOUR PURCHASE OR USE OF THE SERVICE, YOUR USE OF THE SITE OR OUR APPS, OR FROM ANY CONTENT POSTED ON THE SITE BY US OR ANYONE ELSE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, WHETHER ARISING OUT OF BREACH OF THIS AGREEMENT, TORT OR ANY OTHER CAUSE OF ACTION RELATING TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY AND COMPANY’S AFFILIATES OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF THE COMPANY, AND/OR ITS AFFILIATES, EXCEED THE PRICE PAID BY YOU TO THE COMPANY OR YOUR EXTERNAL SERVICE PROVIDER FOR THE MOST RECENT SIX MONTHS OF SERVICE IMMEDIATELY PRIOR TO THE SPECIFIC EVENT WHICH GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THIS AGREEMENT.
3. Your Risk: YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, OUR APPS, OR THE SITE IS AT YOUR SOLE RISK. NEITHER WE NOR ANY EXTERNAL SERVICE ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS RESULTING FROM YOUR ACCESS TO OR USE OF, OR INTERRUPTIONS IN THE TRANSMISSION OR RECEPTION OF THE SERVICE OR SITE, INCLUDING ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AND/OR ANY CELLULAR PHONE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY OR GUARANTEE IN ANY WAY WHATSOEVER RELATING TO THE SERVICE OR SITE.
4. State Law: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
5. Miscellaneous: UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
6. Indemnification: EXCEPT FOR OUR WILLFUL MISCONDUCT, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES, SHAREHOLDERS, OFFICERS, AGENTS, EMPLOYEES, LICENSORS AND SERVICE PROVIDERS (“INDEMNIFIED PARTIES”) FROM ANY AND ALL CLAIMS, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES), WHETHER IN TORT, CONTRACT OR OTHERWISE, RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, OUR APPS, OR THE SITE, AND ANY BREACH OF THIS AGREEMENT OR APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION INCLUDES THE ACTS OR OMISSIONS OF ANYONE ACCESSING THE SERVICE, WITH OR WITHOUT YOUR PERMISSION.
J. RESOLVING DISPUTES:
PLEASE READ THE PROVISIONS OF THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. YOU ARE HEREBY WAIVING THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR, OR A PANEL OF ARBITRATORS, INSTEAD OF A JUDGE OR JURY. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES RESOLVED THROUGH ARBITRATION.
Any legal or equitable claim relating to the Service, the Site, your Subscription or this Agreement (a “Claim”), will be resolved as follows:
1. Informal Claim Resolution: To initiate an informal resolution to a Claim, you must send a notice by first class United States mail to BoatBot LLC, 1050 E. 2nd Street, #239, Edmond OK 73034, Attention: General Counsel. Neither of us may start a formal proceeding (except for Claims described in subsection 3 below) for at least sixty (60) days after one of us notifies the other of a Claim in writing. If we initiate a Claim, we will send our notice to the billing address on file with us.
2. Formal Resolution: If we cannot resolve a Claim informally, including any dispute as to the validity or applicability of this arbitration clause, then the Claims shall be resolved, upon election by either party, exclusively and finally by binding arbitration.
The party initiating arbitration must follow the rules and procedures of the American Arbitration Association (“AAA”) in effect at the time the Claim is filed, and the parties agree that the arbitration shall be administered by the AAA. You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting:
American Arbitration Association
1633 Broadway
10th Floor
New York, New York 10019
Website: www.adr.org
(800) 778-7879
This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration.
3. Exceptions: Notwithstanding the foregoing, any dispute involving a violation of the Communications Act of 1934, 47 U.S.C. §605, the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, or a violation of our intellectual property rights may be decided only by a court of competent jurisdiction.
4. Small Claims: Instead of proceeding to arbitration, either you or we have the option to pursue a Claim in small claims court (or the equivalent) so long as the Claim 1) remains in that court, 2) is made solely on our behalf (if brought by us) or on your behalf, and 3) does not seek damages or other monetary relief in excess of $5,000. However, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
5. Cost Sharing: Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. However, we will advance or reimburse your fee if the arbitration firm or arbitrator determines there is good reason requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
6. Opt-out of Arbitration: You may elect to exclude yourself from the agreement to arbitrate by sending a letter (an “Opt-Out Notice”) to BoatBot LLC., 1050 E. 2nd Street, #239, Edmond OK 73034. United States; Attention: General Counsel: Arbitration Opt-Out. The Opt-Out Notice must include (1) your first and last name; (2) your postal mailing address; (3) phone number; (4) email address; (5) your Vessel Name; (6) Vessel Identification Number; and (7) a clear statement that you do not wish to resolve disputes with the Company through arbitration. The Opt-Out Notice must be received no later than thirty (30) days after the start of your Subscription.
7. Class Actions and Severability: You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration or litigation (to the extent you elect to Opt-Out of Arbitration) (“Class Action Waiver”). A “Claim” does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court. There shall be no right or authority for any claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, as a private attorney general, or other Subscribers, or other persons similarly situated. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.
The Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or cannot be enforced, then the parties’ agreement to arbitrate (except for this sentence) shall be null and void, subject to the right to appeal any limitation or invalidation of the Class Action Waiver. If this entire agreement to arbitrate is determined to be null and void, then the parties agree that any actions shall be brought in the State or Federal courts of OKLAHOMA.
8. Binding Effect: In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged, as set forth in the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction.
K. MISCELLANEOUS:
1. Notices: Notices to you will be deemed given when deposited in the mail, when sent to the email address on file with us, by posting on Site, or by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or a voice mail system at your phone number on record with us. Notices may be included in statements or other communications to you. You agree that any notices or other communications that we provide to you electronically or by telephone will satisfy any legal communication requirements, including that such communications be in writing. You are responsible for maintaining the accuracy of your account information. Your notices to us will be deemed given when we receive them at the telephone number or, in writing at the address, in Section B above. All bankruptcy notices are to be sent in writing to the mailing address in Section B.
2. California Residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding this Site or our Services, please contact us as provided in Section B above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
3. Full Agreement: This Agreement constitutes the entire agreement between us concerning your access to and use of the Service, our apps, or the Site and may be modified by the unilateral amendment of this Agreement and the posting by us of such amended version. This Agreement supersedes any previous agreements or representations. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of this Agreement will remain enforceable. Any specific terms that expressly or by their nature survive termination shall continue thereafter until fully performed. A waiver of any terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
4. Applicable Law: The interpretation and enforcement of this Agreement shall be governed by the laws of the State of OKLAHOMA.
Thank you for choosing BoatBot LLC.
