Terms of Service

Agreement to these terms

These Terms of Service ("Terms") are a legal agreement between you and Mariner App LLC ("we", "us"). They govern your use of our websites and our mobile applications, including Mariner Mesh and Vessel IQ (together, the "Services").

By downloading, accessing or using the Services you agree to these Terms. If you do not agree, do not use the Services.

Eligibility

You must be at least 13 years old to use the Services, and old enough to form a binding contract where you live. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

Your account

You are responsible for the security of your device and any account credentials, and for all activity that occurs under your account. Tell us promptly if you believe your account has been compromised.

Acceptable use

You agree not to:

• Use the Services to break the law, or to harass, threaten or harm anyone.
• Interfere with, disrupt or attempt to gain unauthorized access to the Services or to other users’ devices.
• Reverse engineer, decompile or attempt to extract source code from our apps, except to the extent this restriction is prohibited by law.
• Scrape, resell or redistribute our data, reports or estimates without our written permission.
• Use the Services in a way that violates radio, maritime or telecommunications regulations that apply to you.

Mariner Mesh is not a safety-of-life service

Mariner Mesh is a group communication tool. It is not a distress signalling system, an emergency service, a marine radio replacement, or a substitute for any legally required safety equipment.

Mesh communication depends on device proximity, terrain, weather, battery level and the presence of other group members. Delivery is not guaranteed, and coverage may fail without warning.

You must carry and use the VHF radio, EPIRB, PLB, flares and other safety equipment appropriate and legally required for your vessel, passage and activity. Never rely on Mariner Mesh to summon help in an emergency.

Vessel IQ produces estimates, not advice

Vessel IQ generates informational estimates from listing data, comparable market activity and general cost models. Its output is not an appraisal, valuation, insurance quote, financing offer, tax opinion or professional advice of any kind, and we do not warrant its accuracy or completeness.

Vessel IQ does not inspect vessels. It cannot detect structural damage, engine condition, corrosion, water intrusion, prior repairs, title defects, outstanding liens or any other issue requiring physical examination or a records search.

A Vessel IQ report is not a substitute for a marine survey, sea trial, engine survey, title and lien search, or advice from a qualified surveyor, broker, marine mechanic, insurer, lender, tax professional or attorney. You should commission an independent marine survey and complete appropriate due diligence before purchasing any vessel.

You are solely responsible for your purchase, financing and insurance decisions, and for verifying any figure before relying on it.

Subscriptions and billing

Some features require a paid subscription. Subscriptions are sold and billed through the Apple App Store or Google Play, and are governed by that store’s terms in addition to these Terms.

Subscriptions renew automatically at the then-current price until cancelled. You can manage or cancel a subscription in your App Store or Google Play account settings; cancellation takes effect at the end of the current billing period.

Free trials convert to a paid subscription unless cancelled at least 24 hours before the trial ends. Refunds are handled by the app store under its refund policy, not by us.

We may change subscription pricing. Price changes apply to future billing periods and we will give you notice as required by the app stores and applicable law.

Your content

You keep ownership of the content you create or upload. You grant us a limited licence to host, process and transmit that content solely to operate the Services for you.

We do not access the content of end-to-end encrypted Mariner Mesh communications, and we are technically unable to do so.

Our intellectual property

The Services, including software, design, text, graphics and trademarks, are owned by us or our licensors and are protected by intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose. All rights not expressly granted are reserved.

Third-party services

The Services may link to or interoperate with third-party services and content. We do not control those services, are not responsible for them, and their inclusion is not an endorsement.

Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, timely, secure or error-free, that message delivery will succeed, or that any estimate, figure or projection will be accurate. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, PROPERTY DAMAGE, PERSONAL INJURY OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS.

Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you. Nothing in these Terms limits liability that cannot lawfully be limited.

Indemnification

You agree to indemnify and hold us harmless from claims, damages, liabilities and reasonable legal fees arising out of your misuse of the Services, your violation of these Terms, or your violation of the rights of a third party.

Termination

You may stop using the Services at any time and delete your account. We may suspend or terminate access if you materially breach these Terms, if required by law, or if continuing to provide the Services to you would create a security or legal risk. Sections that by their nature should survive termination will survive.

Governing law and disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in that state, except where applicable law gives you the right to bring a claim in your local courts.

Changes to these terms

We may update these Terms from time to time. When we make material changes we will update the date at the top of this page and, where appropriate, notify you in the app. Continuing to use the Services after an update means you accept the revised Terms.

Contact

Questions about these Terms can be sent to legal@marinerapp.com, or by mail to Mariner App LLC, 1200 Harborview Drive, Suite 210, Fort Lauderdale, FL 33316, United States.