This Member Interface Agreement (the “Agreement”) is entered into between Boatter, Inc., doing business as Boatter.com (“Boatter,” “we,” “us,” or “our”) and the registered user (“Member,” “you,” or “your”) accessing or using the Boatter marketplace platform.

By accessing or using the Boatter website, software, tools, or services (collectively, the “Services”), you agree to be bound by this Agreement, the Boatter Terms of Use, and the Boatter Privacy Policy, each as may be updated from time to time.

If you do not agree to these terms, you must not use the Services.

1. Member Relationship with Boatter

This Agreement governs your use of Boatter’s platform, which functions as a technology marketplace that allows boat owners and operators to list vessels and connect directly with renters.

Boatter is not a broker, charter operator, rental provider, insurer, agent, or maritime service provider, and does not own, manage, operate, inspect, or control any vessel listed on the platform.

Boatter reserves the right, in its sole discretion, to deny, suspend, or terminate access to the Services at any time for violations of this Agreement or applicable law.

2. Definitions

• “Renter” or “User”: Any individual or entity seeking to rent a vessel listed on Boatter.
• “Member”: Any registered boat owner, operator, or authorized representative offering a vessel for rent through Boatter.
• “Website”: www.boatter.com and all related web or mobile applications.
• “Content”: Any listings, text, images, videos, pricing, descriptions, or other materials uploaded by a Member.

3. Order of Precedence

If there is any conflict between this Agreement and the Terms of Use or Privacy Policy, this Agreement controls with respect to Member-specific obligations.

4. Acceptance of Agreement

You accept this Agreement by:

1. Clicking “I Agree” or similar acceptance mechanisms; or
2. Using the Services in any manner.

Continued use constitutes ongoing acceptance of all updated terms.

5. Platform Availability & Content Responsibility

Platform Availability

Boatter uses commercially reasonable efforts to maintain platform availability, but does not guarantee uninterrupted service.

Member-Generated Content

You are solely responsible for all Content you upload. Boatter acts only as a passive hosting platform and makes no representations regarding the accuracy, legality, or suitability of any listing.

You represent and warrant that:

• You have full authority to list the vessel;
• All Content is accurate and lawful;
• The vessel is seaworthy, compliant, and adequately insured.

Boatter may remove or suspend listings at its discretion.

6. License to Use Content

By uploading Content, you grant Boatter a worldwide, perpetual, non-exclusive, royalty-free license to use, display, reproduce, distribute, and promote such Content for platform operations and marketing.

You retain ownership of your Content.

7. Copyright & DMCA Policy

Boatter respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA).

Boatter may disable or terminate accounts of repeat infringers.

DMCA Notices must include all legally required elements and be submitted to:

Designated Copyright Agent
Boatter, Inc.
Email: copyright@boatter.com

8. Member Obligations & Legal Compliance

Members are solely responsible for:

• Vessel safety and seaworthiness
• Licensing, permits, and certifications
• Insurance coverage
• Compliance with all maritime, tax, and local laws
• Verifying renter identification and qualifications
• Crew and captain compliance where applicable

Boatter does not verify compliance and assumes no responsibility for Member operations.

9. Weather-Related Cancellations

Members are fully responsible for safety decisions related to weather.

Members must:

• Monitor local conditions
• Communicate promptly with renters
• Offer rescheduling or refunds when safety requires

Weather cancellations must be made in good faith and supported by credible public forecasts. Abuse of weather exemptions may result in listing penalties or suspension.

10. Subscription Model & Payments

Boatter operates on a subscription-based marketplace model.

• No commissions are charged on rental transactions.
• Members pay subscription fees for access, visibility, or platform tools.
• Subscription pricing and terms are disclosed separately and may be updated with notice.

Direct off-platform payments are strictly prohibited when initiated through Boatter.

11. Communications & Data Protection

Member access to renter information is limited to:

• Facilitating legitimate bookings
• Platform communications only

Use of renter data for marketing, resale, or unrelated purposes is prohibited.

Members must safeguard all personal data using reasonable security practices.

12. No Spam Policy

Members may not:

• Add renters to mailing lists without explicit consent
• Send unsolicited messages or promotions
• Scrape or reuse platform data

Violations may result in account termination.

13. Pricing Transparency Policy

Members must:

• Display total pricing upfront
• Disclose all mandatory fees clearly
• Accurately describe optional charges
• Comply with applicable consumer protection laws

Misleading pricing may result in listing removal or penalties.

14. Availability & Cancellation Obligations

Members must:

• Keep calendars accurate
• Honor confirmed bookings
• Avoid avoidable cancellations

Repeated cancellations, especially last-minute, may result in reduced visibility or suspension.

15. Taxes

Members are responsible for all applicable taxes unless Boatter expressly notifies Members of tax collection obligations in specific jurisdictions.

Boatter may withhold payouts if legally required documentation is not provided.

16. Indemnification

You agree to indemnify and hold harmless Boatter from any claims arising from:

• Your listings or operations
• Vessel condition or safety issues
• Legal or regulatory violations
• Intellectual property infringement

17. Limitation of Liability

Boatter is not liable for:

• Vessel condition
• Personal injury or property damage
• Booking disputes
• Weather decisions
• Lost revenue or indirect damages

Use of the platform is at your own risk.

18. Governing Law & Venue

The laws of the State of Delaware, USA, govern this Agreement.

The exclusive venue lies in Delaware state or federal courts, unless otherwise required by law.

19. Termination

Boatter may suspend or terminate access at any time for violations of this Agreement, without prior notice.

INTERNATIONAL, VAT, GDPR & SUBSCRIPTION ADDENDUM

(Applies to Boatter.com Member Interface Agreement)

20. International Use & Cross-Border Listings

Boatter is a global online marketplace and permits Members to list vessels and services in multiple jurisdictions. By using the Services internationally, you acknowledge and agree that:

1. You are solely responsible for complying with all local, national, and international laws applicable to:
   • Vessel operation
   • Maritime safety
   • Licensing and certification
   • Passenger transport regulations
   • Consumer protection laws
   • Taxation and reporting obligations
2. Boatter does not determine the legality of listings or rentals in any jurisdiction and does not provide legal or regulatory advice.
3. Where local laws conflict with this Agreement, mandatory local consumer or data protection laws shall prevail only to the minimum extent required.

21. European Union & United Kingdom Regulatory Compliance

21.1 EU & UK Consumer Transparency

For listings offered to renters located in the European Union or the United Kingdom, Members must ensure that:

• All pricing is clear, transparent, and inclusive of mandatory fees
• No misleading or hidden charges are presented
• Cancellation terms are disclosed before booking
• Business identity and contact information are accurate

Members acknowledge that Boatter acts solely as a platform provider, not as the service provider under EU consumer law.

21.2 VAT & Indirect Taxes (EU / UK)

VAT Responsibility

Members acknowledge and agree that:

1. Members are solely responsible for:
   • Determining whether VAT applies to their rentals
   • Registering for VAT where required
   • Charging, collecting, reporting, and remitting VAT or similar indirect taxes
2. Boatter does not:
   • Add VAT to Member pricing by default
   • Determine applicable VAT rates
   • Act as a deemed supplier under EU VAT rules
3. If Boatter is legally required in the future to collect VAT in specific jurisdictions, Members will be notified in advance, and the platform will reflect such collection transparently.

VAT Disclosure Requirement

Members must clearly state within their listings whether:

• VAT is included in the listed price; or
• VAT will be added at checkout or invoiced separately

Failure to adequately disclose VAT may result in listing suspension.

22. Data Protection & Privacy (GDPR & UK GDPR)

22.1 Roles of the Parties

For purposes of EU GDPR (Regulation (EU) 2016/679) and UK GDPR:

• Boatter acts as an independent Data Controller for platform operations.
• Members act as independent Data Controllers with respect to renter data they receive.

There is no joint controllership between Boatter and Members.

22.2 Member Data Protection Obligations

Members agree to:

1. Process personal data lawfully, fairly, and transparently
2. Collect only the data necessary for fulfilling a booking
3. Use renter data only for booking-related purposes
4. Implement appropriate technical and organizational security measures
5. Respond to lawful data subject requests (access, deletion, correction)

Members must not:

• Sell, reuse, or repurpose renter data
• Use renter data for marketing without explicit consent
• Transfer personal data outside permitted jurisdictions unlawfully

22.3 International Data Transfers

Where personal data is transferred outside the EU or UK, Members warrant that:

• Appropriate safeguards are in place (e.g., SCCs)
• Transfers comply with applicable data protection law

Boatter disclaims liability for unlawful data transfers by Members.

22.4 Data Breach Notification

Members must notify Boatter without undue delay upon becoming aware of any personal data breach affecting renters obtained through the platform.

23. Subscription Model Alignment (No-Commission Marketplace)

23.1 Platform Model Acknowledgement

Members acknowledge and agree that:

• Boatter operates on a subscription-based access model
• Boatter does not take a percentage commission on rentals
• Subscription fees are charged for:
  • Platform access
  • Listing visibility
  • Tools, features, and marketplace exposure

Boatter is not a party to rental agreements between Members and renters.

23.2 Subscription Fees & Billing

1. Subscription fees:
   • Are charged in advance
   • Are non-refundable except as required by law
   • Do not guarantee bookings, revenue, or renter demand
2. Subscription pricing tiers, features, and billing cycles are published separately and incorporated by reference.
3. Boatter reserves the right to:
   • Modify subscription plans with advance notice
   • Introduce regional pricing
   • Add optional paid features

23.3 VAT on Subscriptions

Where applicable:

• VAT or similar taxes may apply to Boatter subscription fees
• VAT will be disclosed at checkout where required
• Members are responsible for providing valid VAT IDs when applicable

24. Currency, Language & Localization

• Platform currency defaults may vary by region
• Currency conversion fees (if any) are disclosed before payment
• The English version of this Agreement governs in case of translation discrepancies

25. Governing Law for International Members

For international Members:

• Governing law remains Florida, USA, unless mandatory consumer law requires otherwise
• Nothing in this Agreement limits non-waivable statutory rights under EU or UK law

26. Severability & Regional Enforceability

If any provision is found unenforceable in a specific jurisdiction:

• That provision shall be modified to the minimum extent necessary
• Remaining provisions remain fully enforceable

27. Acknowledgement

By continuing to use Boatter, Members confirm that they:

• Understand Boatter is a technology platform only
• Accept full responsibility for legal, tax, and regulatory compliance
• Accept the subscription-based, no-commission model