Terms of Service

These Terms of Service ("Terms") govern your access to and use of myboatbrain.com and the My Boat Brain progressive web application (the "Service"), operated by My Boat Brain, a company incorporated in British Columbia, Canada ("My Boat Brain", "we", "us", or "our").

By creating an account or otherwise using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and capable of entering a legally binding contract to use the Service. By using the Service, you represent that you meet these requirements.

2. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your login credentials and for all activity that occurs under your account. Notify us immediately at support@myboatbrain.com if you suspect unauthorised access.

3. Subscriptions and Billing

The Service is offered on a subscription basis. By starting a paid subscription you authorise us to charge your payment method on a recurring basis at the rate disclosed at the time of purchase.

• Free trial. New accounts receive a 30-day free trial. No charge is made until the trial period ends. You may cancel at any time before the trial ends to avoid being charged.
• Cancellation. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for unused time.
• Price changes. We may change subscription prices with at least 30 days notice. Continued use after a price change constitutes acceptance of the new price.
• Gift subscriptions. Gift subscriptions are non-refundable once redeemed.

4. AI Features -- Important Disclaimer

AI-generated suggestions, maintenance schedules, repair instructions, and any other AI outputs may be incomplete, inaccurate, outdated, or unsuitable for your specific vessel, equipment, or situation. Boat maintenance and repair involve real physical risks, including risk of personal injury, death, or property damage.

You must not rely solely on any AI output from the Service when making decisions about vessel safety, structural integrity, mechanical repair, navigation, or any other safety-critical matter. Always consult a qualified marine professional, follow manufacturer specifications, and exercise your own judgement before carrying out any repair, modification, or operational decision.

My Boat Brain expressly disclaims all liability arising from your reliance on AI-generated content. We make no warranty, express or implied, as to the accuracy, completeness, fitness for purpose, or safety of any AI output.

5. User Content and Data

You retain ownership of all vessel data, records, logs, and other content you enter into the Service ("User Content"). By using the Service you grant us a limited, non-exclusive licence to store, process, and transmit your User Content solely to provide and improve the Service.

You are responsible for the accuracy of User Content you enter. We are not liable for any consequences arising from inaccurate data, including inaccurate engine hours, service intervals, or maintenance records.

You may export or delete your data at any time through your account settings.

6. Acceptable Use

You agree not to:

• Use the Service in any unlawful manner or for any unlawful purpose
• Attempt to gain unauthorised access to other users' accounts or our systems
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Use automated tools to scrape or extract data from the Service without our written consent
• Transmit malicious code, viruses, or disruptive content
• Impersonate another person or entity
• Resell or sublicence access to the Service without our written consent

7. Crew and Shared Access

If you invite crew members or other persons to access your vessel data within the Service, you are responsible for ensuring those invitees comply with these Terms. You bear responsibility for any data entered or actions taken by persons you invite.

8. Third-Party Services

The Service integrates with third-party providers including Stripe (payments), Anthropic (AI), Resend (email), and Twilio (SMS). Your use of those integrations is also subject to the respective third-party terms and privacy policies. We are not responsible for the acts or omissions of third-party providers.

9. Intellectual Property

The Service, including its software, design, trademarks, and content (excluding User Content), is owned by or licenced to My Boat Brain and is protected by Canadian and international intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

WE SPECIFICALLY DISCLAIM ANY WARRANTY THAT THE SERVICE IS SUITABLE FOR USE IN SAFETY-CRITICAL MARINE OR NAVIGATION APPLICATIONS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MY BOAT BRAIN INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR:

• Vessel damage, personal injury, or death arising from reliance on AI outputs or other Service content
• Loss of data or User Content
• Business interruption or loss of profits
• Any other intangible loss

IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (a) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (b) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. If you are in such a jurisdiction, the above limitations apply only to the extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless My Boat Brain and its directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Service, (b) your User Content, (c) your breach of these Terms, or (d) your violation of any third-party rights.

13. Termination

We may suspend or terminate your account at any time if we believe you have violated these Terms, with or without notice. You may terminate your account at any time through your account settings. Upon termination, your right to use the Service ceases immediately. Sections 4, 9, 10, 11, 12, 14, and 15 survive termination.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the courts of British Columbia, and you consent to the personal jurisdiction of those courts.

15. General

• Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and My Boat Brain regarding the Service.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
• Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment. You may not assign your rights under these Terms without our written consent. We may assign our rights freely.
• Updates. We may update these Terms at any time. We will give at least 14 days notice of material changes by email or in-app notice. Continued use of the Service after the effective date of updated Terms constitutes acceptance.

16. Contact