AQUAGENT

Terms of Service

Aquagent  |  Effective: March 1, 2025

Welcome to Aquagent. These Terms of Service ("Terms") govern your access to and use of the Aquagent platform and related services (the "Service") provided by Aquagence LLC ("we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years of age to use Aquagent. By using the Service, you represent that you meet this requirement and have the legal authority to enter into these Terms on behalf of yourself or any organization you represent.

2. Account Registration

To access the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your password and not share your credentials
• Notify us immediately at legal@aquagent.com if you suspect unauthorized access
• Accept responsibility for all activity that occurs under your account

Aquagence LLC reserves the right to suspend or terminate accounts that violate these Terms.

3. Subscription and Payments

Aquagent is a paid subscription service ("SaaS"). By subscribing, you agree to the following:

• Subscription fees are billed on the schedule you select (monthly or annual) and charged in advance
• All fees are non-refundable except as required by applicable law or as stated in our refund policy
• Payments are processed by third-party processors (such as Stripe). Your payment information is subject to their terms
• We may change subscription pricing with at least 30 days' notice. Continued use after that date constitutes acceptance
• You may cancel your subscription at any time through your account settings; cancellation takes effect at end of the current billing period

4. Permitted Use

The Service is intended for individual yacht owners, marine professionals (captains and crew), and boat management companies. You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable law
• Upload or store content that is unlawful, harmful, fraudulent, or infringes third-party rights
• Attempt to gain unauthorized access to any part of the Service or its systems
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Resell, sublicense, or redistribute the Service without prior written consent
• Interfere with or disrupt the integrity or performance of the Service

5. User Content

You retain ownership of all content, data, and documents you upload ("User Content"), including yacht specifications, manuals, logs, invoices, and financial records. By uploading User Content, you grant us a limited, non-exclusive license to store, process, and display it solely as necessary to provide the Service.

You are solely responsible for the accuracy, legality, and appropriateness of your User Content. We do not verify the accuracy of vessel data, documents, or financial records you upload.

6. AI-Powered Features

Aquagent uses artificial intelligence to assist with yacht management, including task management, document analysis, and operational recommendations. You acknowledge that:

• AI-generated outputs are for informational and assistance purposes only and do not constitute professional maritime, legal, financial, or safety advice
• You are solely responsible for verifying AI-generated content before acting on it
• AI models may occasionally produce inaccurate or incomplete results
• We are not liable for decisions made based on AI-generated outputs

7. Location Data

The Service may collect GPS or location data from your vessel or device to enable location-based features. You may disable location services in your device settings, though this may limit certain functionality. See our Privacy Policy for how location data is handled.

8. Intellectual Property

All rights, title, and interest in the Service — including software, designs, trademarks, and content created by Aquagence LLC — are owned by or licensed to Aquagence LLC. Nothing in these Terms grants you any rights other than a limited license to use the Service as described herein.

"Aquagent" and the Aquagent logo are trademarks of Aquagence LLC. You may not use our trademarks without prior written consent.

9. Third-Party Services

The Service integrates with third-party services including cloud providers, AI model providers, payment processors, and analytics tools. These are governed by their own terms. We are not responsible for third-party practices.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AQUAGENCE LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUAGENCE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Aquagence LLC and its affiliates, officers, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable law.

13. Termination

We may suspend or terminate your account with reasonable notice. You may terminate your account at any time by contacting legal@aquagent.com or through account settings. Upon termination, your right to use the Service ceases and we will handle your data per our Privacy Policy.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Disputes shall be resolved exclusively in state or federal courts in Florida. BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

15. Changes to These Terms

We may update these Terms with at least 30 days' notice by email or through the Service. Continued use after the effective date constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms: Aquagence LLC | legal@aquagent.com | www.aquagent.com

Privacy Policy

Aquagent  |  Effective: March 1, 2025

Aquagence LLC is committed to protecting your privacy. This Privacy Policy explains how we collect, use, share, and protect your personal information when you use the Aquagent Service. By using the Service, you agree to the practices described here.

1. Information We Collect

A. Information You Provide

• Account information: name, email address, password
• Profile information: role (owner, captain, crew, manager), company name
• Yacht and vessel data: specifications, registration details, maintenance records, manuals
• Uploaded documents: voice logs, inspection reports, and other vessel files
• Financial information: invoices, payment records, and expense data you upload or enter
• Payment information: billing details processed by our payment provider (we do not store full card numbers)
• Communications: messages or support requests you send to us

B. Information Collected Automatically

• Location and GPS data: vessel or device location when you use location-enabled features
• Usage data: features used, session duration, and interactions with the Service
• Device and technical data: IP address, browser type, OS, and device identifiers
• Cookies and similar tracking technologies (see Section 5)

C. Information from Third Parties

We may receive information from payment processors, analytics providers, and cloud providers as part of delivering the Service.

2. How We Use Your Information

• Provide, operate, and improve the Service
• Process subscription payments and manage your account
• Power AI-assisted yacht management features
• Send transactional communications (receipts, alerts, service updates)
• Send product updates and marketing emails (opt out anytime)
• Analyze usage to improve features and user experience
• Detect, prevent, and respond to fraud, security incidents, or Terms violations
• Comply with applicable legal obligations

3. How We Share Your Information

We do not sell your personal information. We share data only as follows:

• Service providers: Cloud infrastructure (e.g., AWS/Google Cloud/Azure), AI model providers (e.g., Anthropic), payment processors (e.g., Stripe), and analytics tools. All are contractually bound to use data only to provide services to us.
• Business transfers: If Aquagence LLC is involved in a merger or acquisition, your information may be transferred. We will notify you in advance.
• Legal compliance: We may disclose information when required by law, court order, or government authority, or to protect user safety.
• With your consent: We may share information for other purposes with your explicit consent.

4. Data Retention

We retain your information as long as your account is active or as needed to provide the Service. Upon account deletion request, we will delete your data within 30 days, except for information we are required to retain by law (up to 7 years) for purposes such as fraud prevention and financial recordkeeping.

5. Cookies and Tracking

We use cookies and similar technologies for the following purposes:

• Essential cookies: Required for the Service to function (login sessions, security)
• Analytics cookies: Help us understand how users interact with the Service (e.g., Mixpanel)
• Preference cookies: Remember your settings and customizations

You can control cookies through your browser settings. Disabling essential cookies may impair Service functionality.

6. Data Security

We implement industry-standard security measures including TLS encryption in transit, encryption at rest, access controls, and regular security reviews. No transmission method is 100% secure. Please use a strong, unique password and notify us immediately of any suspected breach.

7. Your Rights and Choices

Depending on your location, you may have the following rights:

• Access: Request a copy of the personal information we hold about you
• Correction: Request correction of inaccurate or incomplete data
• Deletion: Request deletion of your account and personal data
• Portability: Request your data in a structured, machine-readable format
• Opt-out of marketing: Unsubscribe from marketing emails at any time
• Location data: Disable location collection through your device settings

To exercise these rights, contact us at legal@aquagent.com. We will respond within 30 days and may verify your identity before processing your request.

8. Children's Privacy

The Service is not directed to individuals under 18. We do not knowingly collect data from minors. If we discover we have, we will delete it promptly. Contact legal@aquagent.com if you believe we have collected information from a minor.

9. International Users

Aquagent is operated from the United States. If you access the Service from outside the US, your information may be transferred to and processed in the United States. By using the Service, you consent to this transfer.

Users in the European Economic Area (EEA) or United Kingdom may have additional rights under GDPR or UK GDPR. Contact us to learn more.

10. Third-Party Links

The Service may contain links to third-party websites. We are not responsible for their privacy practices. Please review their policies before providing personal information.

11. Changes to This Policy

We may update this Privacy Policy with at least 30 days' notice via email or through the Service. Continued use after the effective date constitutes acceptance.

12. Contact Us

Questions or requests: Aquagence LLC | legal@aquagent.com | www.aquagent.com