Terms of Service



Welcome, and thank you for your interest in YachtCloud B.V. (“YachtCloud,” “we,” or “us”) and our website at www.yachtdrones.eu (the “Site”), along with our online store (the “Store”) and other services provided by us (collectively with the Site and Store, the “Services”). These Terms of Service are a legally binding contract between you and YachtCloud regarding your use of the Services. If you are an organization, the individual accepting these terms on your behalf hereby represents and warrants that they are authorized to bind you to these Terms. If you are not eligible, or do not agree to these Terms, then you do not have our permission to access the Site or otherwise use the Services.


BY PURCHASING A PRODUCT (AS DEFINED IN SECTION 3) FROM THE STORE OR BY OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”).


These Terms provide that for all disputes between you and YachtCloud solely the laws of the Netherlands shall apply. Please review Section 19 (“Dispute Resolution”) for the details regarding your agreement to resolve any disputes with YachtCloud under Dutch law.

ELIGIBILITY

By agreeing to these Terms, you represent and warrant to us that: (a) if you are an individual, you are at least the age of majority in your state or province of residence; (b) you have not previously been suspended or removed from the Services; and (c) your registration, use of the Services or purchase of the Products will not violate any law or regulation.

ACCOUNTS AND REGISTRATION

To access some features of the Services, you may be required to register an account. When you register an account or purchase a Product, you must provide certain information about yourself, such as your name, email address, street address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. If you create an account, you are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@yachtcloud.eu.

SALE OF PRODUCTS

The Site includes the Store, through which we may offer and sell certain products (the “Products”) to you. Before you make any payments in connection with such purchases, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable except under the limited circumstances set forth in Section 5. Any offer for any Product made on the Site is void where prohibited.

ORDERS

We reserve the right to impose certain limitations on orders placed through the Store, or to refuse or cancel any order you place with us. Please contact us if you would like to place a large order through the Store, as we may, in our sole discretion, limit the number of Products that you may purchase, including on a per-customer, per-household or per-order basis. We also reserve the right to limit or prohibit orders placed through the Store that, in our sole judgment, appear to have been placed by dealers, resellers or distributors who have not obtained our prior permission. If we modify or cancel an order you have placed, we may attempt to notify you by contacting you at the e-mail address, billing address or phone number that you provided at the time you placed the order.

RETURN POLICY

The following return policy applies only to Products purchased through YachtCloud’s online Store. If you purchased a product available on the Site from any other seller, then that seller’s return policy applies to your purchase.
(a) Canceling Your Order. If you wish to cancel an order for Products from the Store, and we have not yet shipped your order, please contact us at sales@yachtcloud.eu and we will make reasonable efforts to cancel your order prior to shipment.
(b) Returning Defective Products. Some Products may be provided to you with a Limited Product Warranty, which (depending upon the terms of such Limited Product Warranty) may allow you to return the Product to us for replacement or refund in certain situations. To return a product covered by our Limited Product Warranty, you must obtain a valid Return Merchandise Authorization (“RMA”) by contacting the YachtCloud support team and providing information as requested. Once you have obtained an RMA, you may return your Product in its original packaging.
(c) Returning Non-Defective Products. Before returning a non-defective Product, you must contact us at sales@yachtcloud.eu to receive a valid RMA and instructions for your return. We will fully refund the purchase price of Products returned to us in their unopened original packaging and in merchantable condition within 15 days of the date of purchase. We may, in our sole discretion, elect to offer you a partial refund or Store credit for other returns.
(d) Shipping Costs. We will pay shipping costs for Products returned pursuant to a Limited Product Warranty (as defined in Section 14) and shipped according to our instructions. You agree to pay shipping costs for all other returns.

MODIFICATIONS TO THE SERVICES AND PRODUCTS

We continuously seek to improve our products and services. We may, from time to time in our sole discretion (a) discontinue or limit our supply of any Product, or (b) modify the design, construction or specifications of any Product. All descriptions of the Products and any Product pricing are subject to change at any time without notice, in our sole discretion. Additionally, we reserve the right at any time to modify, suspend or discontinue the Services at any time and without notice to you. We shall not be liable to you or to any third party in connection with any changes to Products sold in the Store (including price changes), or any modifications to, suspension of or discontinuance of the Services.

CONTENT AND ACCURACY

While we endeavour to keep the information available through the Services accurate and up-to-date, such information (including information related to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability) may feature typographical errors, inaccuracies or omissions. We are not responsible if any content available through the Services is inaccurate, incomplete or outdated. We also cannot guarantee the accuracy of any images of Products, nor can we guarantee that your computer monitor will correctly display them. We reserve the right to correct any errors, inaccuracies or omissions, and to cancel an order you have placed if we become aware that any information made available in connection with the Products or Services is inaccurate, at any time and without prior notice. However, we are not obligated to update, amend or clarify information available in connection with the Services (including, without limitation, pricing information) except as required by law. No update or refresh date displayed in connection with any part of the Services should be taken to indicate that all content available through the Services has been modified or updated.

TERMINATION

You may terminate your account by contacting us using the contact information set forth in Section 22 and notifying us that you wish to terminate your account. If you terminate your account or cease using the Services, you remain obligated to pay any outstanding fees that were incurred prior to termination. If you violate these Terms at any time, then you no longer have our permission to use the Services, notwithstanding any permission granted elsewhere in these Terms. In addition, we may suspend or terminate your access to the Services at any time, for any reason or no reason, with or without notice.

THIRD-PARTY LINKS

The Services may contain links that direct you to third-party websites that are not affiliated with us. Third party websites and services are not under our control and are not subject to these Terms or bound by our Privacy Policy. We are not responsible for any third party service’s use of information that you elect to share with such third party.

OWNERSHIP AND PROPRIETARY

The Services are owned and operated by YachtCloud. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), Products, software, services, and all other elements of the Services (“Materials”) provided by YachtCloud are protected by intellectual property and other laws. All Materials are the property of YachtCloud or our third-party licensors and the product manufacturer. We reserve all rights to the Materials not expressly granted in these Terms.

FEEDBACK

We appreciate the support and suggestions of our customers! If you provide YachtCloud with any comments, bug reports, support requests, feedback, or ideas for modifications or improvements that relate to YachtCloud, the Products, the Services, or any current or future YachtCloud products or services (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary you may include in any accompanying communication), and YachtCloud shall have the right to use such Feedback at its discretion, including without limitation by incorporating of such suggested changes into the Products, the Services, or any future products and services. You hereby grant YachtCloud a perpetual, irrevocable, nonexclusive license under all rights necessary to so incorporate and use your Feedback for any purpose.

PROHIBITED CONDUCT YOU AGREE NOT TO:

(a) use the Products or the Services for any illegal purpose or in violation of any local, state, national, or international law or regulation;
(b) violate any right of a third party, including any right of privacy or publicity, or by infringing or misappropriating any third-party intellectual property right;
(c) interfere with security-related features of the Products or Services, including by: (i) disabling or circumventing features that prevent or limit use or copying; (ii) reverse engineering any part of the Products or Services, except to the extent expressly permitted by applicable law; or (iii) interfering with, intruding into, or disrupting any network, equipment, or server connected to or used to provide the Services;
(d) perform any fraudulent activity including impersonating any person or entity, or otherwise submit false or misleading information;
(e) sell or otherwise transfer (i) the access granted under these Terms, (ii) any Materials, or (iii) any right or ability to view, access, or use any Materials; or
(f) attempt to do any of the acts described in this Section 12, or assist, encourage, permit, or request any person to engage in any of the acts described in this Section 12.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold YachtCloud and its affiliates, officers, directors, suppliers, licensors, and other customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your use or misuse of the Products or the Services, or your violation of these Terms, any applicable law or regulation, or the rights of any third parties. Notwithstanding the foregoing sentence, you have no obligation to indemnify us against liability and costs resulting from our negligence or wilful misconduct.

WARRANTIES

The Products and the Services are provided on an “as is” basis, without warranty of any kind. Certain Products may be provided to you with certain limited warranties as described in material provided to you with such Products (A “LIMITED PRODUCT WARRANTY”). To the maximum extent permitted by applicable law, YachtCloud disclaims all other warranties, whether implied, statutory, or otherwise, including but not limited to implied warranties of fitness for a particular purpose, merchantability, title, quality, and non-infringement. YachtCloud expressly disclaims any warranties of any kind with respect to the accuracy, validity, or completeness of any information or features available through the Services, or the quality, availability, or consistency of the Services.

LIMITATION OF LIABILITY

Under no circumstances will YachtCloud be liable for any consequential, special, indirect or punitive damages whatsoever arising out of the use of or inability to use the Products or the Services, even if YachtCloud has been advised of the possibility of such damages, and not withstanding any failure of essential purpose of any limited remedy. In addition:
(a)YachtCloud is never liable for damage as a consequence of violations by third parties on the Products delivered by YachtCloud.
(b)YachtCloud is never liable for damage for which the manufacturer of the Products carries the product liability.
(c)YachtCloud is not liable for damage as a consequence of a default in the compliance of the obligations of the Customer that derive from the law, use of the Store or from these General Terms and Conditions, including damage emerged because YachtCloud relied on incorrect or incomplete data provided by the Customer.
(d)YachtCloud is not liable for indirect damage, including missed profits, incurred losses and damage as a consequence of enterprise stagnation. If notwithstanding the stipulations of these General Terms and Conditions still a liability exists, then solely direct damage is eligible for compensation. Under direct damage will be exclusively understood:
(I)the reasonable costs for the establishment of the cause and scope of the damage, insofar the establishment relates to damage that is eligible in the sense of the General Terms and Conditions;
(II)the possible reasonable costs made to let the default performance of YachtCloud comply with the Store and to the extent that these can be imputed to YachtCloud and;
(III)reasonable costs, made for the prevention or limitation of damage, insofar the Customer demonstrates that these costs have lead to a limitation of direct damage as referred to in these General Terms and Conditions.

If despite the stipulations in these General Terms and Conditions, a claim is made by the Customer for compensation of damages, then the liability is limited to the amount of the invoice value of the Product purchase from the Store, at least to that part of the Store to which the liability relates. Never shall the liability of YachtCloud reach further than the amount that in the prevalent case shall be paid out on the basis of the liability insurance possibly concluded by YachtCloud. Notwithstanding the remaining stipulations in these General Terms and Conditions, shall the statute of limitations of all claims and defenses towards YachtCloud be one year only.

Except in case of wilful intent or conscious negligence by YachtCloud, shall the Customer safeguard YachtCloud from all claims by third parties, on whichever basis, with regard to compensation for damages, costs or interests, directly or indirectly related to the activities or Services provided or Products delivered by YachtCloud.

RETENTION OF OWNERSHIP

1. All Products delivered by YachtCloud remain its property until the Customer has properly complied with all obligations under the Agreement.
It is forbidden for the Customer to sell, give a lien on or otherwise encumber the delivered Products on which the retention of ownership rests.

If third parties seize the Products on which the retention of ownership rests, or wish to vest or claim rights to it, then the Customer is obliged to notify YachtCloud hereof as soon as possible.

The Customer gives irrevocable permission to YachtCloud or the third parties designated by YachtCloud to enter all those places where the Goods are located on which the retention of ownership rests. YachtCloud is in case of default of the Customer authorised to repossess the aforementioned Goods. All reasonable cost in relation herewith are for the account of the Customer.

FORCE MAJEURE

YachtCloud is not bound to the compliance with any obligation from the Store if it is impeded thereto by a circumstance that is not due to its fault and that neither on the basis of the law, a legal act or the current views in the economic exchange in society comes for his account. This can for instance be the case if suppliers or other third parties default in their obligations towards YachtCloud. If the Force Majeure situation lasts longer than three months or if it can reasonably be foreseen that the situation of Force Majeure will last longer than three months, then both the Customer and YachtCloud are entitled to dissolve the Agreement with immediate effect. Damage as a consequence of Force Majeure is never eligible for compensation.

GOVERNING LAW

Without exception, these Terms shall be governed by the laws of the Netherlands.

DISPUTE RESOLUTION

Generally. You understand and agree that, by entering into these Terms, You and YachtCloud are each agreeing to resolve every dispute arising in connection with these Terms soley under Dutch law. Before turning to the courts, parties are required to make an optimal effort to resolve the dispute in mutual consultation. Solely the competent court within the district of the seat of business of YachtCloud shall be designated to treat disputes. The Dutch text of these Terms all times determines the interpretation thereof.

CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was effective at the time the dispute arose. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes your acceptance of those changes.

PRIVACY POLICY AND ELECTRONIC COMMUNICATIONS

Please read the YachtCloud Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

MISCELLANEOUS

These Terms and the End User License Agreement made available to you in connection with your use or purchase of the Products (if applicable) constitute the entire agreement and understanding between you and us governing your use of the Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written (including, but not limited to, any prior versions of these Terms). Except as expressly permitted herein, these Terms may be amended only by a written agreement signed by you and YachtCloud. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Any failure by us to require performance of any provision of these Terms will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

LANGUAGE

The parties confirm that it is their wish that these Terms, as well as other documents relating hereto, have been and shall be written in the English language. The Dutch text of these Terms all times determines the interpretation thereof.

CONTACT INFORMATION

The Services are offered by YachtCloud B.V., located at Van Nelleweg 1-1204, 3044 BC, Rotterdam, The Netherlands. You may contact us by sending correspondence to that address or by emailing us at info@yachtcloud.eu.