Liability Waiver

I. Safe Vessel Operation. You are solely responsible for the safe operation of any vessel. You must exercise independent judgment, maintain a proper lookout, comply with applicable navigation rules, use appropriate charts and equipment, and avoid relying on the Service as your sole source for operational decisions.

II. No Reliance for Safety-Critical Decisions. You must independently verify safety-critical information using appropriate official or authoritative sources, including weather forecasts, navigation warnings, notices to mariners, charts, required safety equipment, and applicable boating laws.

III. Prohibited Uses. You may use the Service only for lawful, authorized purposes. You agree not to:

1. A. Use the Service in a manner that distracts you from safe vessel operation or creates an unreasonable risk of harm.
2. B. Treat the Service as a substitute for official charts, approved navigation systems, competent seamanship, professional instruction, or emergency services.
3. C. Use the Service in violation of applicable law or boating safety requirements.
4. D. Reverse engineer, decompile, or attempt to derive source code; use unauthorized bots, scrapers, or automated means to extract data; or interfere with or attempt unauthorized access to the Service or related systems.
5. E. Transmit malware or other harmful code.
6. F. Harass, threaten, defame, impersonate, or violate the rights of another person.
7. G. Resell, sublicense, redistribute, or commercially exploit access to the Service without prior written consent.
8. H. Use the Service in any manner expressly prohibited by these Terms.

IV. Compliance with Laws. You are responsible for complying with laws, rules, regulations, licensing requirements, and safety obligations applicable to your activities and vessel operation.

I. Educational Purpose Disclaimer. THE SERVICE IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT A LICENSED MARINE NAVIGATION SERVICE, EMERGENCY RESPONSE SERVICE, OR SUBSTITUTE FOR COMPETENT SEAMANSHIP, PROFESSIONAL INSTRUCTION, OFFICIAL CHARTS, APPROVED NAVIGATION EQUIPMENT, OR INDEPENDENT JUDGMENT.

II. No Warranty of Accuracy. WHILE THE COMPANY SEEKS TO PROVIDE USEFUL EDUCATIONAL CONTENT, INFORMATION PROVIDED THROUGH THE SERVICE MAY BE INCORRECT, INCOMPLETE, OUTDATED, OR UNSUITABLE FOR A PARTICULAR SITUATION. CONDITIONS, REGULATIONS, HAZARDS, WEATHER, AND BEST PRACTICES CAN CHANGE.

III. AI Limitations. THE AI ASSISTANT MAY GENERATE INCORRECT, INCOMPLETE, OUTDATED, INCONSISTENT, OR MISLEADING OUTPUT. IT CANNOT DIRECTLY PERCEIVE YOUR REAL-WORLD CONDITIONS, VESSEL, LOCATION, WEATHER, EXPERIENCE, OR ABILITIES UNLESS INFORMATION IS PROVIDED TO IT, AND EVEN THEN ITS OUTPUT MAY BE WRONG. YOU MUST INDEPENDENTLY VERIFY INFORMATION BEFORE RELYING ON IT.

IV. Assumption of Risk. YOU ACKNOWLEDGE THAT BOATING AND VESSEL OPERATION INVOLVE INHERENT AND OTHER RISKS, INCLUDING COLLISION, GROUNDING, CAPSIZING, EQUIPMENT FAILURE, WEATHER, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE. YOU VOLUNTARILY ASSUME THE RISKS ASSOCIATED WITH YOUR BOATING ACTIVITIES AND YOUR DECISIONS REGARDING WHETHER AND HOW TO USE INFORMATION OBTAINED THROUGH THE SERVICE.

V. No Substitute for Competent Seamanship. YOU ARE RESPONSIBLE FOR YOUR OWN TRAINING, LICENSURE, EXPERIENCE, VESSEL CONDITION, SAFETY EQUIPMENT, LOOKOUT, COMPLIANCE WITH NAVIGATION RULES, AND OPERATIONAL JUDGMENT.

VI. Service Availability. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR SUITABLE FOR YOUR PARTICULAR NEEDS.

VII. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.

I. Release Related to the Service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND WAIVE CLAIMS AGAINST THE COMPANY AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (THE “COMPANY PARTIES”) FOR INJURY, DEATH, PROPERTY DAMAGE, ECONOMIC LOSS, OR OTHER HARM TO THE EXTENT ARISING FROM OR RELATED TO (A) YOUR USE, MISUSE, OR RELIANCE ON THE SERVICE OR AI-GENERATED INFORMATION; (B) YOUR FAILURE TO INDEPENDENTLY VERIFY SAFETY-CRITICAL OR OPERATIONAL INFORMATION; OR (C) RISKS OF BOATING THAT YOU VOLUNTARILY ASSUME, INCLUDING WHERE A CLAIM ALLEGES ORDINARY NEGLIGENCE BY A COMPANY PARTY, BUT ONLY TO THE EXTENT SUCH A RELEASE IS PERMITTED BY APPLICABLE LAW.

II. Claims That Cannot Be Waived. Nothing in these Terms releases, excludes, or limits liability that cannot lawfully be released, excluded, or limited. The scope and enforceability of any waiver or release are subject to applicable law.

III. Indemnification by User. To the extent permitted by law, you agree to indemnify, defend, and hold harmless the Company Parties from third-party claims, liabilities, damages, losses, and reasonable costs and attorneys’ fees arising out of or related to: (A) your violation of these Terms or applicable law; (B) your User Content or infringement or violation of a third party’s rights; (C) your unauthorized, negligent, reckless, or willful misuse of the Service; or (D) your negligent, reckless, or intentional acts or omissions in connection with your use of the Service or vessel operation.

IV. Defense and Settlement. The Company may assume control of the defense of a matter subject to indemnification, in which case you agree to provide reasonable cooperation. You may not settle a claim in a manner that admits liability by, imposes obligations on, or otherwise adversely affects a Company Party without the Company’s prior written consent.

I. Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

II. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE SUBSCRIPTION FEES YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

III. Basis of Bargain. You acknowledge that the disclaimers, exclusions, releases, and limitations in these Terms are material parts of the agreement between you and the Company.

IV. Applicable Law. Some jurisdictions do not permit certain exclusions or limitations. Where applicable law prohibits a provision in this Article, that provision will apply only to the maximum extent permitted by law.