1. Your Relationship with Boatter

These Terms of Use (the “Agreement” or “Terms”) govern your use of the websites, products, software, services, and any mobile applications provided by Boatter LLC and its affiliates (collectively, “Boatter,” “we,” “us,” or “our”) (together, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy (incorporated by reference). If you do not agree to all of the Terms, you are not authorized to use the Services.

If you are using the Services on behalf of a company or other legal entity, “you” refers to that entity, and you represent and warrant that you have authority to bind that entity to these Terms.

You accept these Terms by:
(i) clicking to accept or agree to the Terms where this option is presented to you by Boatter in any user interface; or
(ii) accessing or using the Services in any manner.

Boatter may modify these Terms at any time in its sole discretion. Updated Terms will be posted on the Services with a revised “Effective” date. Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the updated Terms.

2. Boatter Is Only a Venue

2.1 Marketplace Role

Boatter operates an online marketplace that allows users who own or control boats (“Boat Owners”) and users who wish to rent boats (“Renters”) (each, a “User,” and collectively, “Users”) to list, discover, and connect regarding boat rental opportunities.

BOATTER IS ONLY A VENUE. Boatter is not a party to any rental agreement, charter agreement, service arrangement, or other contract between Users. Boatter does not own, operate, manage, control, insure, or maintain any boats listed on the Services, nor does it provide transportation, captain, crew, or other boating services.

Any actual or potential transaction, including but not limited to:

• the condition, seaworthiness, quality, safety, or legality of any boat;
• the accuracy or completeness of listings or User content;
• the ability of a Boat Owner to rent a boat;
• the ability, qualifications, or licensing of a Renter or boat operator;
• pricing, terms, and policies; and
• any additional products, services, or experiences offered in connection with a rental

is solely the responsibility of the Users involved in that transaction.

2.2 User Responsibilities

Boat Owners are solely responsible for:

• ensuring each listed boat complies with all applicable laws, regulations, and safety standards;
• ensuring they are authorized to offer the boat for rental;
• providing accurate, non-misleading listing information;
• complying with all applicable health, safety, and sanitation requirements;
• ensuring the Renter and any operators are correctly qualified and legally permitted to operate the boat, if applicable.

Renters are solely responsible for:

• verifying that the boat is safe, suitable, and compliant with legal requirements;
• confirming that any operators (including themselves) are correctly qualified and legally permitted to operate the boat;
• understanding and complying with all rules, regulations, and laws applicable to boat operation and use.

Boatter has no obligation to screen, verify, or monitor Users, boats, or listings and does not guarantee the accuracy, quality, legality, or suitability of any vessel or User.

You acknowledge and agree that you use the Services and enter into any agreements or transactions with other Users at your own risk and that you should take all reasonable precautions, including inspections, identity verification, and written agreements.

3. Separate Agreements Between Users

You understand and agree that any rental, charter, or related transaction facilitated or initiated through Boatter must be governed by a separate agreement directly between the Boat Owner and the Renter (and any other applicable parties). Such agreements may include, without limitation:

• rental or charter agreements;
• waivers or releases of liability;
• safety rules and instructions;
• cancellation and refund policies;
• assumption of risk disclosures.

Boatter is not a party to these agreements and does not draft, review, or enforce them. Boatter is not responsible for:

• the content or legality of any User agreements;
• the performance or non-performance of any party under such agreements;
• disputes arising from or related to such agreements.

4. Communication and Payments Between Users

4.1 Direct Communication

Boatter is designed to help Users find each other and connect. Unlike other marketplaces, Boatter allows and expects Users to communicate directly to discuss boat details, availability, pricing, safety, and all other terms of a potential rental.

Boatter may provide messaging or contact tools as a convenience, but Users are free to communicate via any mutually agreed method (subject to applicable law).

4.2 Direct Payments

Boatter does not process, collect, hold, or transmit rental payments, deposits, taxes, or any other funds between Users. All payments related to boat rentals or services are handled directly between the Boat Owner, Renter, and any third-party payment or escrow provider they choose.

• Boatter is not a payment processor, money transmitter, escrow agent, or financial institution.
• Boatter does not provide refunds, chargebacks, or collection services.
• Boatter does not set or enforce cancellation or refund policies between Users.

You are solely responsible for:

• choosing a secure and lawful payment method;
• agreeing on payment terms (including deposits, balances, and due dates);
• managing any chargebacks, disputes, reversals, or non-payment issues.

Boatter disclaims all responsibility and liability for any losses, disputes, or damages arising out of or related to payments or non-payments between Users.

5. Subscription Plans and Marketplace Access Fees

5.1 Subscription Model

Boatter operates on a subscription-based model. Certain features of the Services—including, without limitation, the ability to list boats, promote listings, access lead inquiries, or use enhanced tools—are available only to Users who purchase a paid subscription plan (each, a “Subscription Plan”).

Subscription Plans provide access to platform tools and visibility but are not tied to individual rentals and are not based on a percentage of rental revenue. Boatter does not charge a commission or fee on the amount a Renter pays to a Boat Owner for a rental. Any amounts paid between Users are separate from, and in addition to, any subscription fees paid to Boatter.

5.2 Plan Types

Boatter may offer different Subscription Plans, which can vary by:

• number of active listings or boats that may be published;
• level of visibility or promotion in search results;
• access to certain features (e.g., analytics, enhanced media, priority support, or marketing tools);
• permitted business use (e.g., individual owner vs. professional operator or fleet).

The specific features, limits, and pricing of each Subscription Plan are described on boatter.com or within your account dashboard at the time of purchase. Boatter may modify, add, or remove plans and features at any time, in its sole discretion, subject to applicable law.

5.3 Billing, Term, and Auto-Renewal

Unless otherwise specified at the time of purchase:

• Subscription Plans are billed in advance for the applicable term (for example, monthly or annually).
• Your Subscription Plan will automatically renew at the end of each billing period at the then-current price, unless you cancel in accordance with Section 5.4.
• By purchasing a Subscription Plan, you authorize Boatter (and its third-party payment processors) to charge your selected payment method for all applicable subscription fees, taxes, and any other charges associated with your plan.

You are responsible for ensuring that your payment information is up to date, accurate, and valid.

5.4 Cancellation of Subscription

You may cancel your Subscription Plan at any time through your account settings or by following the cancellation instructions provided in the Services. Unless otherwise required by law or expressly stated at the time of purchase:

• Cancellation takes effect at the end of the current billing period, and you will continue to have access to your Subscription Plan until that date.
• Subscription fees already paid are non-refundable, and no partial or prorated refunds will be issued for unused time or unused features.

Upon cancellation, your account may revert to a free or limited-access tier (if available), and Boatter may, in its discretion, unpublish, limit, or remove your listings.

5.5 Upgrades and Downgrades

If you upgrade your Subscription Plan:

• Boatter may charge you a prorated amount for the remainder of your current billing period, or may begin a new billing period upon upgrade, as described at checkout.

If you downgrade your Subscription Plan:

• The downgrade may take effect at the end of your current billing period, and some features or listings may become unavailable or limited.
• Boatter is not responsible for any loss of visibility, leads, or functionality due to a downgrade.

Details of how upgrades and downgrades are billed and applied will be presented at the time of change or in your account settings.

5.6 Free Trials and Promotions

Boatter may, from time to time, offer free trials, introductory offers, discounts, or other promotional plans (collectively, “Promotions”). The terms of any Promotion, including duration and eligibility, will be specified at the time the Promotion is offered.

• At the end of a free trial or promotional period, your Subscription Plan may automatically convert to a paid plan at the then-current rate, unless you cancel before the period ends.
• Boatter reserves the right to modify or withdraw any Promotion at any time, subject to applicable law.

5.7 Failed Payments; Suspension

If Boatter is unable to process payment for your Subscription Plan (for example, due to an expired card, insufficient funds, or a declined transaction):

• Boatter may attempt to reprocess payment one or more times;
• Boatter may notify you and request that you update your payment method; and/or
• Boatter may, in its sole discretion, suspend or limit your access to paid features or unpublish your listings until payment is successfully received.

You remain responsible for any outstanding amounts owed, and Boatter reserves all rights to collect such amounts as permitted by law.

5.8 Taxes

Subscription fees may be subject to applicable sales, use, value-added, or other taxes (“Taxes”). Where required by law, Boatter will collect and remit Taxes based on the billing address you provide or other information we have on file.

You are responsible for:

• any Taxes that Boatter is not legally required to collect; and
• consulting with your own tax advisor regarding any tax obligations arising from your use of the Services or your rental activities.

Boatter does not collect or remit taxes on rental amounts paid between Users; those obligations, if any, rest with the Boat Owner and/or Renter, as applicable.

6. Insurance

Boatter does not sell, arrange, broker, or provide insurance of any kind. Any insurance coverage, including but not limited to:

• hull or property insurance,
• liability insurance,
• personal accident coverage, or
• third-party liability or charter insurance

must be arranged directly by Users through independent insurance providers.

Boatter makes no representation or warranty about the availability, adequacy, or suitability of any insurance and is not a party to any insurance contracts. You are solely responsible for:

• determining whether insurance is required or advisable;
• reviewing policy terms and exclusions;
• ensuring that coverage is in place for the rental and its risks.

You acknowledge and agree that Boatter assumes no responsibility or liability for claims, disputes, or losses related to or arising from insurance (or the lack thereof).

7. Conditions of Use

As a condition of using the Services, you represent, warrant, and agree that:

1. Legal capacity: You are at least 18 years old and have the legal capacity to enter into binding contracts.
2. Compliance with laws: You will comply with all applicable laws, regulations, and rules related to boat operation, navigation, safety, licensing, rental, and charter in all relevant jurisdictions.
3. Accuracy of information: All information you provide to Boatter and to other Users is true, accurate, current, and complete, and you will update it as necessary.
4. Boat ownership or authorization: If you list a boat, you are either the lawful owner or are duly authorized by the owner to list and rent the boat and to bind the owner to any rental agreement.
5. Operator qualifications: If you operate or permit others to operate a boat, you are responsible for ensuring that you (and any other operators) are sufficiently skilled, experienced, and properly licensed or certified, as required by law.
6. Account security: You will safeguard your account credentials and not allow others to use your account. You are responsible for all activities that occur under your account.
7. Lawful use: You will use the Services only for lawful purposes and in accordance with these Terms.

Boatter reserves the right, in its sole discretion, to refuse, suspend, or terminate access to the Services for any User, at any time, with or without notice, including for violation of these Terms.

8. User Conduct and Content

You agree that you will not:

• post false, misleading, or fraudulent listings or information;
• send or store infringing, obscene, threatening, harassing, defamatory, or otherwise unlawful content;
• upload viruses, malicious code, or other harmful materials;
• interfere with or disrupt the Services or the data contained therein;
• attempt to gain unauthorized access to the Services, accounts, or systems;
• use bots, scrapers, or automated tools to access or copy content without Boatter’s prior written consent;
• engage in any activity that imposes an unreasonable or disproportionate load on Boatter’s infrastructure;
• frame, mirror, or otherwise incorporate any part of the Services into any other website or service without Boatter’s prior written consent.

You retain any rights you may have in content you submit to the Services. Still, you grant Boatter a non-exclusive, worldwide, royalty-free license to use, reproduce, host, display, and distribute such content for purposes of operating, promoting, and improving the Services.

9. Identity Verification and Security

User identity verification on the internet is difficult. Boatter does not guarantee the identity of any User, nor does it conduct criminal, background, or license checks unless explicitly stated for a specific feature.

Boatter may, in its discretion, request additional information or documentation (such as identification documents, proof of boat ownership, or licensing), but is under no obligation to do so.

You are responsible for:

• performing any checks, inspections, or verifications you deem appropriate before entering into a transaction;
• promptly notifying Boatter if you believe your account has been compromised or accessed without authorization.

You acknowledge that you are responsible for all activity conducted under your account, even if you did not authorize such activity, to the extent permitted by law.

10. Intellectual Property and Proprietary Materials

The Services and all content therein (excluding User-generated content), including but not limited to logos, trademarks, text, software, images, graphics, audio, and video, are owned or licensed by Boatter and are protected by copyright, trademark, and other intellectual property laws.

You may make limited copies of your own booking-related information or communications, but you may not:

• copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Boatter content, software, or materials, except as expressly permitted by Boatter in writing.

Any unauthorized use of the Services or its content may violate intellectual property laws and these Terms.

11. Third-Party Websites and Services

The Services may contain links to third-party websites or services (e.g., insurance providers, payment processors, or other platforms). These are provided for convenience only.

Boatter does not control, endorse, or assume responsibility for:

• the content, products, or services of any third-party website;
• any transactions or interactions between you and third parties.

Your use of third-party websites or services is at your own risk and is subject to the terms and policies of those third parties, not these Terms.

12. Exclusion of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOATTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF LISTINGS OR USER CONTENT;
• ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• ANY WARRANTIES THAT BOATS OR SERVICES OBTAINED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR WILL BE SAFE, LEGAL, OR FREE FROM DEFECTS.

Some jurisdictions do not allow the exclusion of certain warranties; in such cases, the above exclusions may not fully apply, and your rights are limited to the minimum extent required by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOATTER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA;
• ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO:
  • YOUR USE OR INABILITY TO USE THE SERVICES;
  • ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS;
  • ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE RELATED TO A BOAT OR BOAT RENTAL;
  • ANY RELIANCE ON THE COMPLETENESS OR ACCURACY OF LISTINGS OR OTHER CONTENT;
  • UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR DATA.

IN NO EVENT SHALL BOATTER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF:
(a) THE AMOUNT OF SUBSCRIPTION FEES YOU PAID TO BOATTER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) ONE HUNDRED U.S. DOLLARS (US $100.00).

Some jurisdictions do not allow the limitation of certain damages; in such cases, the above limitations may not fully apply, and your rights are limited to the minimum extent required by law.

14. Release and Indemnity

In the event of any dispute between Users (including but not limited to conflicts between Boat Owners and Renters), YOU AGREE THAT BOATTER HAS NO OBLIGATION TO MEDIATE, RESOLVE, OR ADJUDICATE SUCH DISPUTES.

To the fullest extent permitted by law, you hereby:

• release Boatter and its officers, directors, employees, agents, and affiliates from any claims, demands, losses, damages, and liabilities arising out of or related to any interactions or transactions between you and other Users; and
• agree to indemnify, defend, and hold harmless Boatter and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
  1. your use of the Services;
  2. your breach of these Terms;
  3. your violation of any law or the rights of any third party;
  4. any agreements, arrangements, or transactions between you and other Users; or
  5. any incident, accident, injury, or damage involving a boat you rent, list, or operate.

15. Dispute Resolution and Arbitration

IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

To the fullest extent permitted by law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (a “Claim”) will be resolved by binding arbitration on an individual basis, rather than in court, except that you and Boatter may seek non-monetary injunctive or equitable relief in a court of competent jurisdiction as needed to protect intellectual property or enforce confidentiality.

• Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable rules.
• The arbitration shall be conducted before a single arbitrator.
• The arbitration location, governing law, and procedural rules may be specified further here (e.g., seat in [County], [State], U.S.A., with the Federal Arbitration Act applying to the extent permitted).

YOU AND BOATTER EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You may have the right to opt out of this arbitration provision within a specified period after first registering an account, by sending written notice to Boatter at the contact address or email specified on the Services. If you opt out, you retain the right to bring claims in court, but the class action waiver still applies to the extent permitted by law.

16. General Provisions

16.1 Governing Law

Except to the extent preempted by federal law, these Terms and any disputes arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles.

16.2 Choice of Forum and Venue (for Non-Arbitrable Matters)

To the extent any Claim is permitted to be brought in court (for example, specific non-monetary injunctive or equitable relief as provided in the arbitration section), you and Boatter agree that:

• the state courts located in Broward County, Florida, and
• the federal courts of the United States District Court for the Southern District of Florida, Fort Lauderdale Division

shall have exclusive jurisdiction and venue over such matters.

You and Boatter irrevocably consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.

16.3 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without Boatter’s prior written consent. Boatter may freely assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

16.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

16.5 No Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Boatter’s failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16.6 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms referenced herein or agreed to in writing, constitute the entire agreement between you and Boatter regarding the Services and supersede all prior or contemporaneous understandings or agreements, whether oral or written.

16.7 Contacting Boatter

If you have any questions, concerns, or comments about these Terms or the Services, please contact Boatter using the contact information on boatter.com.

By checking this box, I agree to receive notifications, alerts, and text messages from Boatter LLC at the phone number provided. I understand these messages may be sent using an automatic telephone dialing system, and that consent is not a condition of purchase. Message and data rates may apply. Message frequency may vary. Reply HELP for help and STOP to cancel to +1-954-393-0326. See our Privacy Policy and Terms & Conditions for more information.