Terms of Service

1. Agreement to Terms

By accessing or using the BoatSnaps / SnapCharters platform (the "Platform"), operated by BoatSnaps, Inc. ("BoatSnaps," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, Cookie Policy, and all applicable Marketplace Policies. If you do not agree to these Terms, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you and BoatSnaps. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.

2. Marketplace and Technology Platform

BoatSnaps is a marketplace and technology platform that connects customers with independent charter operators, brokers, captains, crew, and other marine service providers (collectively, "Service Providers"). BoatSnaps is primarily a technology platform and booking marketplace, not the provider of charter services.

BoatSnaps does not own, operate, captain, inspect, or maintain any vessels listed on the Platform. Charter operators and other Service Providers are independent businesses. BoatSnaps is not a party to any agreement between a customer and a Service Provider.

3. Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements.

4. Accounts

You must create an account to access certain features. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your password and for all activity that occurs under your account.

BoatSnaps may suspend or terminate accounts at its sole discretion for fraud, abuse, illegal activity, or violations of these Terms or any applicable policy.

5. Listings, Pricing, and Availability

Listings, pricing, availability, and promotions displayed on the Platform may change without notice. BoatSnaps does not guarantee the accuracy of any listing and is not responsible for a Service Provider's failure to honor a listed price or availability. All bookings are subject to Service Provider confirmation.

6. Payments and Fees

Payments may be processed by third-party payment providers such as Stripe. BoatSnaps may charge marketplace service fees and advertising fees. You authorize BoatSnaps and its payment processors to charge applicable fees in accordance with our Payments Policy.

BoatSnaps is not a party to the payment for charter services between a customer and a Service Provider unless expressly stated.

7. User-Generated Content and License

You retain ownership of content you submit to the Platform, including photos, videos, reviews, and listing information ("User Content"). By submitting User Content, you grant BoatSnaps a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, publish, translate, distribute, and promote such User Content in connection with the operation and marketing of the Platform.

You represent that you have all necessary rights to submit your User Content and that it does not violate the rights of any third party.

8. Intellectual Property

All intellectual property in the Platform, including the BoatSnaps and SnapCharts names, logos, designs, and software, remains the property of BoatSnaps or its licensors. Intellectual property submitted by users remains the property of its respective owners. See our Intellectual Property Policy for details.

9. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis. BoatSnaps disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. BoatSnaps does not warrant that charter services will be performed safely, satisfactorily, or in accordance with any listing.

10. Limitation of Liability

To the maximum extent permitted by law, BoatSnaps is not responsible for weather, mechanical failures, operator cancellations, accidents, injuries, Coast Guard actions, permit violations, or disputes between users. In no event shall BoatSnaps be liable for indirect, incidental, special, consequential, or punitive damages, or for any amount exceeding the fees you paid to BoatSnaps in the preceding twelve (12) months. See our Limitation of Liability and Safety Disclaimer for details.

11. Indemnification

You agree to indemnify and hold harmless BoatSnaps and its affiliates from any claims, damages, liabilities, costs, and expenses arising out of your use of the Platform, your User Content, your violation of these Terms, or your violation of any third-party rights.

12. Termination

BoatSnaps may suspend or terminate your access to the Platform at any time, with or without cause, including for fraud, abuse, illegal activity, or policy violations. Upon termination, all licenses granted to you cease immediately.

13. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Venue for any dispute shall be Miami-Dade County, Florida, unless otherwise required by law.

14. Arbitration and Class Action Waiver

Any dispute arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered in Miami-Dade County, Florida, under the Federal Arbitration Act, except for claims that may be taken to small claims court. You and BoatSnaps agree to arbitrate on an individual basis only; class actions and class arbitrations are waived to the fullest extent permitted by law.

This arbitration provision does not prevent either party from seeking injunctive relief in court for intellectual property violations or as otherwise permitted by law.

15. Changes to These Terms

BoatSnaps may update these Terms from time to time. Material changes will be accompanied by a version increase. Your continued use of the Platform after changes become effective constitutes acceptance of the updated Terms; where legally required, we will prompt you to expressly accept the updated version.

16. Contact

For questions about these Terms, contact legal@boatsnaps.com or see our Contact Legal page.