Service terms for Mermaid.

1.1 What these Terms cover

These Terms and Conditions (the “Terms”) govern access to and use of:

• the Mermaid website at mermaid.navy and related web pages;
• the Mermaid mobile application for iOS and Android used principally by skippers;
• the Mermaid Crew web application and progressive web application (“Crew PWA”);
• beta, trial, paid, free, offline and connected features made available through those services;
• related application programming interfaces, notifications, exports, emails, content, maps, weather presentations, support and documentation; and
• any order, subscription or service plan that refers to these Terms.

Together these are the “Service”. A separate signed order form, enterprise agreement or data processing agreement may supplement these Terms. If there is a conflict, the signed order form prevails for commercial details, the data processing agreement prevails for processing carried out by us as processor, and these Terms otherwise prevail.

1.2 How an agreement is formed

You agree to these Terms when you click or tap an acceptance button, create an account, accept a crew invitation, purchase or activate a plan, or otherwise use the Service after being given a reasonable opportunity to review them. The agreement is between Krone and the person accepting the Terms.

A Crew User who has not purchased a plan receives a limited right to use the Crew PWA for the relevant charter and is still bound by the provisions that logically apply to crew access, safety, acceptable use, privacy, intellectual property, disclaimers and liability.

If you use the Service for a company, charter operator, yacht manager, association or other organisation, you confirm that you have authority to bind that organisation. In that case, “you” includes the organisation, except where a provision expressly applies to an individual consumer.

1.3 Consumers and Business Users

A “Consumer” is a natural person acting mainly outside a trade, business, craft or profession. A “Business User” is any other user, including a person using Mermaid for paid skippering, charter operations, fleet management, training, brokerage or another professional purpose.

Mandatory consumer rights cannot be excluded or reduced by these Terms. Provisions labelled for Business Users do not apply to Consumers to the extent that doing so would be unlawful or unfair.

1.4 Incorporated policies

The following policies form part of these Terms where relevant:

• Mermaid Privacy Notice;
• Mermaid Cookie and Similar Technologies Policy;
• Mermaid Acceptable Use, Community Content and DSA Policy;
• Mermaid Safety, Navigation, Weather and Anchor Alarm Notice;
• Mermaid AI Transparency and Human Oversight Notice;
• Mermaid Data Act and Connected Data Notice; and
• any plan description, order confirmation, app-store terms or in-product notice expressly incorporated at the point of use.

In these Terms:

• “Account Holder” means the person who creates or controls a Mermaid account.
• “App Store” means the Apple App Store, Google Play or another authorised distribution platform.
• “Charter” means the voyage, rental, booking, trip or boating period configured in the Service.
• “Charter Data” means boat, base, route, crew, briefing, expense, inspection, location, anchoring, logbook and related data associated with a Charter.
• “Community Content” means ratings, comments, reports, corrections, photographs and other material submitted for display to, or use by, the wider Mermaid community.
• “Crew Access Window” means the period beginning when the skipper enables access for a selected boat and Charter and ending 90 days after the recorded Charter end date, unless the Service shows a different period or earlier access is revoked.
• “Crew User” means a person invited by a skipper or Account Holder to access Charter Data through the Crew PWA.
• “Generated Output” means a route suggestion, warning, forecast presentation, settlement calculation, inspection suggestion, AI-assisted result, summary or other output generated or assembled by the Service.
• “Skipper” means the person acting as master, captain, operator or person responsible for the vessel, whether or not legally licensed or professionally engaged.
• “User Content” means data, text, images, signatures, comments, reports, recordings and other material uploaded, entered, generated or made available by a user.

3.1 Account eligibility

A Skipper Account Holder must be at least 18 years old and legally capable of entering into a contract. You must not create an account if applicable law prohibits you from using the Service.

3.2 No verification of maritime competence

Unless we expressly state otherwise in writing, Mermaid does not verify or certify a user’s identity, licence, qualifications, sea time, fitness, authority to operate a boat, or compliance with charter-company requirements. Account access is not evidence that a person is competent or legally permitted to skipper or crew a vessel.

3.3 Crew Users and minors

A skipper may include a minor in a crew list only where the skipper or another responsible adult has lawful authority to do so and provides any required parental or guardian information and acknowledgement. A minor’s safety-briefing acknowledgement is evidence of participation only; it is not a waiver, assumption of legal responsibility, substitute for adult supervision or proof that the briefing was sufficient.

Where optional processing relies on a child’s consent, Mermaid will seek consent from the child or holder of parental responsibility in accordance with the applicable age threshold and local law. Skippers must not enter unnecessary information about a minor, and must never use the Service to expose a minor’s live location or contact details to unauthorised persons.

4.1 Accurate information

You must provide accurate, current and complete information and update it when it changes. You must not impersonate another person, conceal a professional role, or misrepresent your authority over a boat, booking or crew.

4.2 Account security

You are responsible for safeguarding passwords, passkeys, devices, authentication factors, QR codes, invitation links and session tokens. You must:

• use reasonable device security, including a screen lock and current operating system;
• keep invitation links and QR codes within the intended crew;
• promptly revoke access when a device, email account or link may be compromised;
• notify us at info@mermaid.navy of suspected unauthorised access; and
• never share an Account Holder login where separate access is available.

You are responsible for activity performed through your account to the extent permitted by law, except where the activity results from our breach of duty.

4.3 Crew invitations and permissions

A skipper controls which Crew Users are invited, the Charter Data made available, and when access is revoked. Invitation links are token-scoped and may expire. An expired or revoked link should display no Charter Data. Crew Users must not forward invitation links or attempt to access another Charter.

We may apply role-based permissions, device limits, session expiry and other security controls. The skipper remains responsible for ensuring that the correct people are invited and that permissions are appropriate.

5.1 Limited licence

Subject to these Terms and payment of applicable fees, Krone grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service on supported devices for its intended purpose during the applicable subscription or access period.

For a Business User, the licence is limited to authorised personnel and the number of accounts, boats or Charters stated in the order. No rights are granted by implication.

5.2 Restrictions

Except where mandatory law permits otherwise, you must not:

• copy, sell, rent, lease, distribute, sublicense or commercially exploit the Service;
• reverse engineer, decompile, disassemble or attempt to derive source code, models, non-public APIs or data structures;
• bypass authentication, paywalls, signed links, rate limits, geographic restrictions or technical protection measures;
• scrape, crawl, bulk-download, mirror or systematically extract maps, weather layers, point-of-interest data, boat data or Community Content;
• use the Service or its outputs to train, benchmark or develop a competing product or model without written permission;
• interfere with availability, probe security, introduce malware, overload systems, enumerate storage paths or misuse offline caches;
• alter safety warnings, source-age labels, uncertainty indicators, copyright notices or attributions;
• use the Service in a way that violates law, maritime rules, sanctions, intellectual-property rights, privacy rights or the Acceptable Use Policy; or
• present a Generated Output as an official chart, certified forecast, harbour instruction, survey, safety approval or professional opinion.

Interoperability rights and other non-waivable rights remain unaffected. Before exercising a statutory decompilation or interoperability right, a Business User must first request the necessary information from us where the law allows that requirement.

6.1 General

Mermaid is a digital first mate designed to assist with charter-week planning, boat context, route review, weather context, crew coordination, evidence management, expense settlement, trip replay, anchor monitoring and community information.

Features may be released gradually, limited by plan, region, boat type, operating system, browser, device capability, data coverage, vendor licence, beta gate or safety review. A feature shown in marketing, a prototype, roadmap or screenshot is not guaranteed unless it is included in your active plan or order confirmation.

6.2 Boat and Charter context

The Service may provide boat specifications, dimensions, draft, equipment, images, services, extras, booking data, inspection metadata and base information. This data may come from users, charter companies, manufacturers, brokers, public sources or third parties and may be inaccurate, incomplete or outdated.

Before departure and before relying on any boat-specific setting, the skipper must physically verify the vessel, draft, air draft, safety equipment, engine, batteries, navigation instruments, ground tackle, chain markings, emergency equipment and all other material characteristics. A selected boat profile does not prove that the actual boat matches the database entry.

6.3 Route planning and route review

The Service may present route corridors, stopover options, comfort-versus-speed preferences, weather lookahead, warnings, draft context and uncertainty. A route is an informational suggestion, not a clearance, pilotage plan or assurance of safe passage.

A route may omit or misstate hazards, restricted areas, separation schemes, traffic, bridge clearance, cables, underwater works, seasonal rules, currents, tide, sea state, local buoyage, temporary notices, military zones, environmental restrictions, port closures or rapidly changing conditions. The skipper must independently prepare and continuously monitor a legally compliant passage plan.

6.4 Weather presentation

Mermaid may fuse, transform or display baseline forecasts, gust layers, field tiles, coverage labels, source age and fallback data. Weather and sea conditions can differ materially from forecasts and can change faster than data refreshes. Coverage may degrade or be unavailable.

Users must check official marine forecasts, warnings, local observations and appropriate professional sources immediately before and during a voyage. Source-age, fallback and uncertainty notices must not be ignored. Mermaid does not issue official weather warnings and has no duty to monitor a voyage.

6.5 Anchorages, marinas and points of interest

Information about anchorages, ports and marinas may include seabed, shelter, depth, facilities, ratings, comments, images and community-derived observations. Such information is contextual only. It does not confirm legal permission, holding, swinging room, water depth, chart datum, underwater obstruction, mooring condition, availability, booking, opening hours or suitability for the current vessel and conditions.

Users must verify official charts, pilot books, port or marina instructions, local anchoring restrictions, protected-area rules, weather, tide, seabed and actual conditions. Community ratings are subjective and may not reflect current safety.

6.6 Anchor Alarm

The Anchor Alarm may assist with guided anchoring, chain or scope calculations, a wind-biased or smart swing area, local alarms, notes, photographs, logbook entries and optional remote sharing. It is supplementary and cannot guarantee that dragging, drift, collision, grounding or another dangerous condition will be detected or communicated.

Its operation depends on the device, positioning hardware, GPS accuracy, operating-system background limits, permissions, battery, power-saving mode, network, browser or PWA support, push services, email delivery, user settings, sensor quality and correct setup. False alarms and missed alarms are possible.

The device kept onboard with the skipper is the primary alarm device. Crew PWA push notifications and email fallback are remote conveniences only. A Crew User’s acknowledgement may suppress repeat notices on that Crew User’s device for a limited period, but it must not silence the onboard alarm. SMS is not included unless expressly stated in the Service.

The skipper must maintain a proper anchor watch appropriate to the circumstances, independently verify the anchor position and scope, and keep the onboard device powered, audible and correctly configured. Do not leave a vessel unattended merely because the Anchor Alarm is active.

6.7 Crew Ops and safety briefings

The Service may assist with crew lists, invitations, safety briefing workflows, practical tips, photographs, signatures and acknowledgements. These tools organise evidence and communication; they do not deliver certified training, verify comprehension, satisfy every flag-state or charter-company requirement, or transfer responsibility from the skipper.

The skipper must tailor the briefing to the vessel, crew, route, conditions and applicable law; demonstrate safety equipment where appropriate; supervise minors and inexperienced crew; and confirm actual understanding. A stored signature or acknowledgement records an interaction but is not conclusive proof of informed consent, competence, legal compliance or absence of negligence.

6.8 Cash kitty and expense settlement

The cash kitty feature may record expenses, participants, currencies, proposed transfers and paid/unpaid status and may generate a final statement. It is an administrative calculation tool only. Mermaid does not hold, transmit, exchange or settle funds, operate a bank account, provide credit, act as payment institution, escrow agent, accountant or debt collector, or guarantee payment.

Users must verify amounts, participants, exchange rates, tax treatment and settlement instructions. Currency conversion may use a displayed rate or user-selected settlement basis and may not match a bank or card rate. Payment disputes remain between the relevant users. A “paid” marker is a user-entered status, not independent confirmation of payment.

6.9 Check-in, check-out, inspections and evidence

The Service may provide boat-specific offline drafts, issue tracking, previous-issue continuity, photographs, AR-guided assistance, a two-dimensional fallback and future human-confirmed AI suggestions. These are documentation aids, not a marine survey, damage appraisal, condition warranty or acceptance by a charter company, insurer or owner.

The user must conduct an appropriate physical inspection, follow the charter provider’s procedures, report issues through required official channels and obtain acknowledgement where needed. AR alignment, computer vision, metadata and issue suggestions can be wrong. A user must confirm every issue before submission.

Users must have lawful authority to take and upload photographs, avoid unnecessary images of people or sensitive documents, and preserve original evidence where needed. Export packages and checksums support integrity but do not guarantee admissibility, completeness or legal effect.

6.10 Logbook and trip replay

Mermaid’s local-first logbook may record routes, points, metrics, anchoring events and weather enrichment and may sync an optimised server projection for account continuity. The higher-fidelity local record may differ from the server projection. Device loss, storage cleanup, permission changes or failed sync can result in data loss.

Unless applicable law or a competent authority expressly accepts it, the Mermaid logbook is not the vessel’s mandatory official logbook, voyage data recorder or accident record. Users must keep any records required by flag, port, charter, employment, insurance or safety law through appropriate means.

6.11 NMEA and instrument enrichment

Optional NMEA or instrument features may read compatible data. Users must connect devices only where authorised and safe, and must not interfere with certified navigation equipment, wiring, networks or warranties. Raw NMEA debug capture is intended to remain local and short-lived; ordinary sync uses normalised or optimised points. Product-improvement contribution upload is disabled unless a separate account-level opt-in and technical gate are enabled.

Instrument data may be delayed, mislabelled, corrupted, duplicated or unavailable. Mermaid is not a substitute for directly reading, maintaining and cross-checking onboard instruments.

7.1 Ownership

As between you and Krone, you retain ownership of User Content that you lawfully own. You are responsible for its legality, accuracy, quality and appropriateness.

7.2 Service-operation licence

You grant Krone and its processors a worldwide, non-exclusive, royalty-free licence to host, reproduce, transmit, format, convert, encrypt, back up, display and otherwise process User Content only as reasonably necessary to provide, secure, support, improve and comply with law in relation to the Service. This licence ends when the relevant content is deleted from active systems, subject to backups, legal holds and rights that must survive.

7.3 Community licence

For Community Content, you grant Krone a worldwide, perpetual, irrevocable, non-exclusive, transferable and sublicensable licence to use, reproduce, adapt, translate, moderate, edit, aggregate, analyse, publish and display the content for operating, promoting and improving Mermaid, its maps, points of interest, safety context and community data. This licence is royalty-free and permits use without attribution where attribution is impracticable, while respecting any non-waivable moral rights.

The perpetual element applies only to Community Content that has been integrated into collective, derived or historical datasets or relied on for moderation or quality records. We will honour valid deletion requests for personal data as required by law.

7.4 User warranties

You confirm that:

• you have all rights and permissions needed to submit the content;
• the content is lawful, non-confidential and accurate to the best of your knowledge;
• it is not defamatory, misleading, infringing, malicious or unnecessarily invasive of privacy;
• it does not disclose another person’s precise location, contact details, health information or image without an appropriate basis;
• evidence is not altered in a way that falsely changes its meaning; and
• a Community report about depth, navigation or safety is clearly identified as an observation rather than an official fact.

7.5 Moderation

We may review, label, restrict, decline, edit, de-rank, remove, preserve or disclose User Content in accordance with the Acceptable Use, Community Content and DSA Policy and applicable law. We do not pre-approve all content and do not guarantee that Community Content has been human-reviewed.

Reports concerning maps, depth or navigation may remain private or marked unverified until a manual quality process is completed. Submission does not create a duty to publish or act within a particular period.

Our Privacy Notice explains how we process personal data. Depending on the context, Krone may act as controller for direct users and service operations, or as processor for a business customer under a data processing agreement.

A skipper who enters crew details must have a lawful basis, provide the crew with the Mermaid Privacy Notice and avoid collecting unnecessary data. A Business User remains responsible for its own notices, instructions, lawful bases, retention duties and responses to data-subject requests where it acts as controller.

You must not upload special-category data, identity documents, payment-card details or confidential third-party information unless a specific Mermaid feature expressly requests it and appropriate safeguards and legal grounds are in place.

Some features may use statistical models, machine learning, automated classification, optimisation or generative tools. Other features marketed as “AI-Fused” may combine data without constituting an AI system for every legal purpose. The Mermaid AI Transparency and Human Oversight Notice describes current and planned use.

Generated Output may be probabilistic, incomplete, biased, stale or wrong. It must be reviewed by a competent human in context. Mermaid does not make decisions that have legal or similarly significant effects about a user solely by automated means unless separately disclosed and legally permitted.

You must not use Generated Output to impersonate an authority, fabricate evidence, make an autonomous navigation decision, or avoid required professional review. Feedback and corrections may be used to improve the Service, but account data is not used for model-improvement contribution uploads unless the applicable opt-in and technical controls are enabled.

10.1 Third-party inputs

The Service may depend on operating systems, app stores, cloud hosting, mapping, weather, email, push, identity, analytics, payment and other providers. Third-party data and services may have separate terms, licences, attribution requirements and privacy practices.

We are not responsible for a third party’s independent service, content, outage, change or decision, but this does not exclude any responsibility that cannot lawfully be excluded. We may replace a provider or data source where reasonably necessary.

10.2 Links

Links to charter companies, marinas, public authorities or other sites are provided for convenience. A link is not endorsement, verification or control. Users should review the third party’s terms and privacy information.

10.3 App Store rules

Where the app is downloaded from an App Store, the store’s terms also apply to purchase, billing, refunds, device sharing and account management. These Terms are between you and Krone, not the App Store provider, except for express third-party-beneficiary rights in section 29.

11.1 Free and beta access

We may offer free, trial, invite-only or beta access. Unless otherwise stated, such access may be changed, limited or discontinued on reasonable notice and may have lower support, coverage, retention or availability. No fee is charged unless the price is clearly shown and you actively confirm an order.

11.2 Paid plans

The plan, billing period, included features, price, currency, applicable taxes, renewal terms and minimum commitment will be displayed before purchase and confirmed on a durable medium. Prices include VAT where consumer law requires; otherwise VAT and similar taxes may be added.

11.3 App-store billing

If you buy through Apple or Google, the App Store normally processes payment and may control invoicing, cancellation and technical refund requests. You must manage the subscription through the store account where required. Statutory rights against Krone are not reduced by an App Store process.

11.5 Automatic renewal and cancellation

If a plan renews automatically, it renews for the period disclosed in the App Store purchase flow unless cancelled before the renewal date. You can cancel future renewal through the App Store account channel identified in the order confirmation. Cancellation stops future renewal but does not normally create a refund for an elapsed period, subject to withdrawal rights, conformity remedies and mandatory law.

We may change renewal pricing only prospectively and after clear advance notice. A Consumer may cancel before the new price takes effect. A Business User must cancel within the notice period stated in the order, otherwise the new price applies at renewal.

11.6 Failed payment

If payment fails, we may retry, ask for another method, restrict paid features or suspend the subscription after reasonable notice. We will not restrict access to data in a way that unlawfully prevents a Consumer from exercising a statutory remedy or obtaining required exports.

12.1 Fourteen-day right

A Consumer who enters a distance contract generally has 14 days to withdraw without giving a reason, beginning on the day the contract is concluded, unless an applicable exception applies. The order confirmation will include instructions and the model form in Appendix 1.

12.2 Starting the Service during the withdrawal period

If you ask us to begin a digital service during the withdrawal period and then withdraw, we may charge a proportionate amount for service supplied before withdrawal where the law permits and the required request and information were provided.

For digital content not supplied on a tangible medium, the right of withdrawal may be lost only where performance has begun with the Consumer’s prior express consent, the Consumer has acknowledged the resulting loss of the right, and the required confirmation has been provided. We will not treat installation or ordinary account creation as a waiver unless the legal requirements are met.

12.3 How to withdraw

You may withdraw by any clear statement sent to info@mermaid.navy or the postal address above, by using the model form, or by using the online withdrawal function where available. It is sufficient to send the statement before the deadline.

For distance contracts concluded through Mermaid’s website or app, the withdrawal function must be prominently and continuously available during the withdrawal period where applicable law requires it. It should be labelled “Withdraw from contract” or an equally unambiguous local-language equivalent and provide an immediate durable-medium confirmation with date and time.

12.4 Refund after withdrawal

Where withdrawal is valid, we will refund payments due under applicable law without undue delay and no later than the statutory deadline, using the original payment method unless otherwise agreed. App Store refunds may be technically processed through the store, but we will provide reasonable assistance.

13.1 Mandatory rights

Consumers have mandatory rights if the digital content or digital service is not in conformity with the contract. Nothing in these Terms replaces or limits those rights.

Depending on applicable law, remedies may include bringing the Service into conformity, a proportionate price reduction, termination and refund, and compensation where legal requirements are met.

13.2 Objective conformity and reasonable expectations

The Service will provide the functionality, compatibility, interoperability, continuity, security and updates described at the time of contract, taking account of the nature of the Service and reasonable public statements. Safety disclaimers do not permit us to provide a paid feature that materially fails its agreed description.

13.3 Updates

We may provide security, legal, compatibility and functionality updates. Users must install updates within a reasonable time after clear notice where installation is necessary to maintain conformity or security. We are not responsible for a lack of conformity caused solely by failure to install a properly supplied update after adequate instructions, to the extent allowed by law.

13.4 Modifications to ongoing digital services

We may modify an ongoing digital service without additional charge where the agreement permits it and there is a valid reason, such as security, law, provider changes, improved performance, safety, technical evolution or abuse prevention. We will inform Consumers clearly. If a modification negatively affects access or use more than minimally, we will give advance notice on a durable medium and any termination right required by law.

A feature labelled beta, preview, experimental or early access is under active development and may be incomplete, inaccurate, interrupted or removed. Users must not use beta features for safety-critical reliance. We may set additional test rules and request feedback.

You grant us a perpetual, worldwide, royalty-free right to use suggestions, ideas and non-confidential feedback without restriction or payment. This does not transfer ownership of your pre-existing materials or personal data.

15.1 No guaranteed continuous availability

The Service may be unavailable because of maintenance, outages, capacity, connectivity, cloud or data-provider failure, security events, emergency action, force majeure or device conditions. Offline functions may continue only if the necessary data was downloaded and remains valid.

Unless a signed business service-level agreement states otherwise, we do not guarantee uptime, response time, data refresh frequency, notification delivery or restoration time. We may perform emergency maintenance without advance notice.

15.2 Support

Support channels and hours are those displayed in the Service or order. Support does not include emergency response, navigational advice, weather routing, legal advice, insurance advice, marine surveying or on-call voyage monitoring.

Users may use available export tools and are responsible for keeping copies needed for charter disputes, insurance, legal compliance or personal records. The Privacy Notice describes retention and data-subject rights.

Specific operational rules include:

• safety-briefing images are intended to be stored online in WebP format at no more than Full HD and deleted 72 hours after the Crew Access Window ends;
• online originals of check-in/check-out evidence are intended to be deleted 72 hours after a verified export package has been created;
• evidence packages may include image files, JSONL or CSV metadata, SHA-256 checksums, export metadata and a README and may be retained in restricted cold storage or by the user;
• final cash-kitty statement PDFs are private, immutable documents and must not be exposed through public object URLs;
• incident threads between a crew and a charter base are retained for 24 months after the thread is closed;
• signed check-in and check-out handover records, with their evidence packages, are retained for 3 years after the charter ends, so that deposit, insurance and damage questions can be answered;
• local higher-fidelity logbook records may be more detailed than the server projection; and
• deletion from active systems may not immediately remove data from encrypted backups, legal holds or records required for claims, security or accounting.

We may offer an account deletion function. Before deletion, the Account Holder should export relevant records. Deletion may be irreversible and may remove crew access, synced logbooks, statements and evidence. We will not delete data that we must retain by law or that is subject to a documented dispute or legal hold until the retention ground ends.

The Service, software, interface, trademarks, designs, documentation, databases, selection and arrangement of data, Generated Output formats and non-user content are owned by Krone or its licensors and protected by intellectual-property and database laws.

“Mermaid”, mermaid.navy and associated branding are Krone’s marks or trade identifiers. No right to use them is granted except to identify lawful use of the Service.

Third-party charts, maps, weather data, boat images and other content remain subject to their owners’ rights and required attributions. You must not remove an attribution or use protected data outside the Service.

You must comply with the Mermaid Acceptable Use, Community Content and DSA Policy. We may investigate suspected misuse and preserve relevant information. Measures may include warning, feature restriction, content removal, token revocation, suspension, termination or referral to competent authorities.

We will consider the nature, severity, frequency and impact of conduct, whether it was intentional, and the user’s history. Where the Digital Services Act or other law requires, we will provide a statement of reasons and access to an internal complaint route.

19.1 By you

You may stop using a free Service at any time. You may cancel renewal of a paid plan as described in section 11. Account deletion and subscription cancellation are separate actions unless the interface clearly combines them.

19.2 By us

We may suspend or terminate access where reasonably necessary because:

• you materially or repeatedly breach these Terms;
• payment remains overdue after notice;
• use creates a credible security, safety, legal or third-party-rights risk;
• an authority, App Store or infrastructure provider requires action;
• a plan or beta programme ends; or
• continued provision is technically or commercially impracticable.

Where feasible and lawful, we will give advance notice and an opportunity to cure. We may act immediately in an urgent safety, security, illegal-content or abuse situation.

19.3 Consumer termination of a paid service

We will not terminate an ongoing paid Consumer service without a contractual and legally valid reason. Where termination is not caused by the Consumer’s breach, we will provide any refund and access to data required by law.

19.4 Effect

On termination, the licence ends and access may cease. Provisions concerning safety, ownership, User Content licences, payment accrued, confidentiality, disclaimers, liability, disputes and other provisions intended to survive will remain effective. Crew access may end when the related skipper account or Charter is terminated.

Each party may receive non-public business, technical or security information from the other. The receiving party will use such information only for the agreement, protect it with reasonable care and disclose it only to personnel and advisers who need to know and are bound by confidentiality.

This does not cover information that is public without breach, already lawfully known, independently developed or lawfully received from a third party. Required legal disclosure is permitted after notice where lawful. User personal data is governed primarily by the Privacy Notice and any data processing agreement.

21.1 Our commitment

We will provide the Service with reasonable care and skill and in material accordance with the applicable paid description. Mandatory warranties and conformity obligations remain unaffected.

21.2 Safety and data limitations

To the maximum extent permitted by law, and without limiting mandatory Consumer rights, we do not warrant that:

• any route, weather, depth, point of interest, boat specification, anchor calculation, warning, notification or Community Content is complete, current, accurate or suitable;
• the Service will identify every hazard, equipment defect, dragging anchor, collision risk or unsafe condition;
• a push notification, email, alarm or sync will be delivered, heard or acted on;
• evidence will be accepted by a charter company, insurer, court or authority;
• a settlement calculation will resolve a financial dispute; or
• the Service will operate without interruption, vulnerability, latency or data loss on every device or network.

The Service is supplied “as available” for free and beta features, subject to applicable law.

21.3 User responsibility

You are responsible for your vessel, voyage, crew, device, connectivity, backups, official records, legal compliance and decisions. A warning does not make an activity safe, and the absence of a warning does not indicate safety.

22.1 Mandatory liability preserved

Nothing excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, intentional misconduct, or mandatory data-protection and product or digital-service rights.

22.2 Foreseeable loss

For a Consumer, Krone is responsible for loss that is a foreseeable consequence of our breach or failure to use reasonable care and skill, subject to applicable law. We are not responsible for loss caused by:

• reliance on Mermaid contrary to the prominent safety notices or as a substitute for official sources and competent seamanship;
• incorrect information entered or selected by the user;
• a third-party network, operating system, device, app store or data source outside our reasonable control;
• failure to install an update or maintain a supported, charged and correctly configured device after adequate notice; or
• a charter, voyage or commercial decision that the Consumer would have made even without our breach,

except to the extent the loss was also caused by our breach and cannot lawfully be excluded.

We do not provide the Service for commercial loss to a Consumer. If a Consumer uses it for a business purpose, the Business User rules may apply to that use.

23.1 Excluded losses

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, exemplary or consequential loss, or for loss of profit, revenue, charter income, opportunity, goodwill, anticipated savings, business interruption or data, even if advised of the possibility. This exclusion does not apply to amounts payable under an indemnity, breach of confidentiality, infringement of the other party’s intellectual property, fraud, wilful misconduct or liability that cannot lawfully be excluded.

23.2 Liability cap

Krone’s total aggregate liability to a Business User arising out of or relating to the Service, contract, tort, data loss, negligence or otherwise is limited to the fees paid or payable by that Business User for the affected Service during the 12 months before the first event giving rise to liability.

For a free or beta Service supplied to a Business User, the cap is EUR 100. The cap does not apply to fraud, wilful misconduct, death or personal injury caused by negligence, or another liability that cannot lawfully be capped.

23.3 Allocation of maritime risk

The parties acknowledge that Mermaid is not priced or designed to assume the skipper’s, vessel owner’s, charter operator’s, insurer’s or professional navigator’s maritime risk. A Business User must maintain appropriate insurance and operational procedures and must not name Krone as responsible for safe navigation, vessel condition, crew supervision or emergency response.

A Business User will defend, indemnify and hold harmless Krone, its affiliates and personnel from third-party claims, losses and reasonable costs arising from:

• the Business User’s unlawful User Content, instructions or processing of personal data;
• operation of a vessel, professional skippering, charter activity or crew management;
• breach of section 5 or the Acceptable Use Policy;
• misrepresentation that Mermaid is a certified or official maritime system; or
• infringement of a third party’s rights by material supplied by the Business User.

The indemnity applies only to the extent caused by the Business User and provided that Krone gives prompt notice, reasonable cooperation at the Business User’s cost and control of the defence, while retaining the right to participate. No settlement may admit fault by or impose non-monetary obligations on Krone without consent.

Neither party is liable for delay or failure caused by events beyond reasonable control, including severe weather, natural disaster, war, civil disorder, strike, power or communications failure, satellite or GNSS disruption, cloud or data-provider failure, cyberattack despite reasonable safeguards, governmental action, epidemic or maritime emergency.

This clause does not excuse payment already due or remove mandatory Consumer refund rights. The affected party will take reasonable steps to mitigate and resume performance.

We may update these Terms for legal, security, safety, technical, product or business reasons. The current version will show its date.

For material changes affecting an ongoing paid Consumer contract, we will give reasonable advance notice on a durable medium and obtain consent or provide a termination right where required. Changes do not retroactively remove accrued rights or decide an existing dispute.

Continued use after a valid effective date constitutes acceptance where the law permits. If acceptance is required and you do not agree, you must stop using the affected Service and may exercise any applicable cancellation right.

You agree to receive contractual notices electronically at the account email, in-app inbox or another durable medium, unless law requires a different form. Transactional communications include security alerts, service changes, charter invitations, anchor notifications, statements and legal notices and are not marketing merely because they concern the Service.

You must keep contact details current. A notice is treated as received when made available to the designated account or email, subject to proof and mandatory law.

28.1 Slovak law

These Terms are governed by the law of the Slovak Republic, excluding its conflict-of-law rules. For a Consumer habitually resident in another EU or EEA country, this choice does not deprive the Consumer of mandatory protections of that country that would apply without the choice.

28.2 Consumer courts

A Consumer may bring proceedings in the courts permitted by mandatory jurisdiction rules, including where applicable the courts of the Consumer’s domicile. Krone will bring proceedings against a Consumer only in a court permitted by mandatory law.

28.3 Business courts

For Business Users, the courts of the Slovak Republic have exclusive jurisdiction, with the court competent for Bratislava as the agreed first instance where legally possible. Krone may seek interim or protective relief in any competent court.

28.4 Complaints and alternative dispute resolution

Please first contact info@mermaid.navy with the account email, order reference, description and requested resolution. We will acknowledge and address the complaint within a reasonable period.

Eligible Slovak and cross-border consumer complaints may be submitted to the Slovak Trade Inspection (Slovenská obchodná inšpekcia) or another authorised alternative-dispute-resolution body, or may be supported by the European Consumer Centre in the Consumer’s country. Eligibility, monetary thresholds and procedures are determined by the relevant body and may change. The former EU Online Dispute Resolution platform has been discontinued and is therefore not listed as a complaint channel.

For content-moderation disputes, the separate DSA policy explains internal complaints and certified out-of-court settlement where applicable.

If you access the iOS app through Apple’s App Store, the following applies to the extent required by Apple’s minimum EULA terms:

• These Terms are between you and Krone, not Apple. Krone, not Apple, is responsible for the app and its content.
• The licence is limited to a non-transferable licence to use the app on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and applicable Family Sharing or volume-purchase rules.
• Apple has no obligation to provide maintenance or support. Krone is responsible for support as described in these Terms.
• If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, in accordance with its rules. To the maximum extent permitted by law, Apple has no other warranty obligation; Krone remains responsible for claims that cannot be excluded.
• Krone, not Apple, is responsible for addressing product-liability, legal-compliance, consumer-protection and privacy claims concerning the app.
• Krone, not Apple, is responsible for investigating, defending, settling and discharging claims that the app infringes a third party’s intellectual-property rights.
• You represent that you are not located in a country subject to a United States government embargo and are not listed on a prohibited or restricted-party list, to the extent this representation is required by Apple and lawful in your location.
• You must comply with applicable third-party terms when using the app.
• Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it after your acceptance.

30.1 Entire agreement

These Terms, incorporated policies and any signed order are the entire agreement about the Service and replace prior proposals or statements on the same subject. They do not exclude liability for fraudulent statements.

30.2 Assignment

A Consumer may not transfer the agreement except where mandatory law allows. A Business User may not assign it without our written consent. Krone may assign the agreement to an affiliate or in connection with a merger, reorganisation, financing or sale of the relevant business, provided a Consumer’s mandatory rights are not reduced.

30.3 Subcontracting

We may use affiliates and subcontractors to provide the Service while remaining responsible as required by the agreement and law. Processing of personal data is subject to the Privacy Notice and any data processing agreement.

30.4 No partnership or agency

The agreement does not create a partnership, employment, fiduciary, joint venture or agency relationship. A skipper is not Krone’s agent and Krone is not the skipper’s maritime adviser.

30.5 Severability

If a provision is invalid or unenforceable, it will be interpreted or reduced to the minimum extent necessary, and the remainder continues. For Consumers, an unfair term will not bind the Consumer and will not be replaced in a way that deprives the Consumer of statutory protection.

30.6 No waiver

A failure or delay in enforcing a right is not a waiver. A waiver must be clear and applies only to the specific circumstance.

30.7 Language

The English version is the master version. Where we provide a mandatory local-language version to a Consumer, that version governs to the extent required by law or expressly stated. We will not rely on an English clause that was not presented clearly and intelligibly to a targeted Slovak or other EU Consumer.

Appendix 1 - Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract. You may also send any other unambiguous statement or use the online withdrawal function.

To: Krone Consulting s.r.o., Mlynské Nivy 5, 821 09 Bratislava, Slovakia; email: info@mermaid.navy

I/We hereby give notice that I/We withdraw from my/our contract for the following Mermaid digital service:

• Plan or service: ______________________________________________
• Order or account reference: ___________________________________
• Contract date: ________________________________________________
• Consumer name: _______________________________________________
• Consumer address: _____________________________________________
• Email used for the account: ___________________________________
• Date: _________________________________________________________
• Signature (only if this form is sent on paper): __________________