ESEA Boats App – Terms of Use

Introduction

These Terms of Use ("Terms") apply to the ESEA Boats app and its related online services (together, the "App"). The App is provided by ESEA BOATS B.V. ("ESEA", "we", "us" or "our").

The App is a companion app for owners of ESEA boats. It shows information about your boat, such as its status, battery, propulsion, location, estimated range and trips, and it offers alerts, charts and ESEA Copilot, an AI assistant.

Please read these Terms carefully. By creating an account or using the App, you agree to them. Our Privacy Policy explains how we handle your personal data.

1. Who we are and what the App does

The App is provided by ESEA BOATS B.V., a company registered in the Netherlands under Chamber of Commerce (KvK) number 96204869, with its address at Jan Vrijmanstraat 305, 1087 MN Amsterdam, the Netherlands.

The App is a companion service. It helps you keep an eye on your ESEA boat and get more out of it. The App only displays information: it cannot charge, lock, control or change anything on your boat. It does not replace the boat's own instruments, controls, navigation equipment or safety equipment.

The App is provided free of charge. If we ever introduce paid features, we will tell you the price and any extra terms before you are asked to pay.

2. Your account

You must be at least 18 years old to create an account.

Each account is for one person. Please give accurate details when you register and keep them up to date.

Keep your login details safe and do not share them. You are responsible for what happens through your account, unless it is caused by something we are responsible for. If you think someone else has accessed your account, contact us as soon as possible.

3. Your boat, other users and change of ownership

You may only connect the App to an ESEA boat that you own or are authorised by the owner to use.

Where the App lets an owner give other people access to a boat, the owner decides who has access and can remove it. The owner is responsible for the people they give access to, and those people must also accept these Terms.

If you sell or transfer your boat, please tell us or remove the boat from your account. Your access to that boat's live data will then end. We will not give the new owner your personal data, such as your trip and location history.

4. Boat data

The App shows information that comes from your boat, from ESEA's systems and from our partners. Examples include battery level, charging status, propulsion data, speed, location, system status and trip information. Some of this information comes from ePropulsion systems, and chart information is provided by Savvy Navvy.

Some information is calculated rather than measured. Range in particular is an estimate only. It can change a lot depending on speed, battery condition, weather, current, waves, load and the equipment you use.

Information in the App can be delayed, incomplete, inaccurate or unavailable, for example because of poor mobile coverage, equipment faults, software issues or problems with a partner's systems. Do not rely on the App alone when making decisions that affect safety.

5. Safety and navigation

The App is not a navigation aid and is not a certified navigation or safety system.

The skipper is always responsible for operating and navigating the boat safely. This includes checking the weather, water conditions, traffic, battery level and range before and during every trip.

Always use proper charts, the boat's instruments and appropriate safety equipment, and check official notices and weather forecasts. Do not let the App distract you while you are operating the boat.

In an emergency, contact the coastguard or emergency services directly, for example on VHF channel 16 or by calling 112. Do not use the App, ESEA Copilot or the Help assistant to ask for help in an emergency.

6. Alerts and notifications

The App can send you alerts about your boat, for example about its battery, location or status.

Alerts are provided on a best-effort basis. Our systems check your boat's condition at regular intervals, not continuously. We cannot guarantee that an alert will arrive, or when it will arrive.

Alerts can be delayed or missed, for example because of mobile coverage, your phone's settings, notification services run by Apple or Google, the boat's equipment or our servers. Do not rely on App alerts as your only way of keeping your boat safe and secure.

7. ESEA Copilot and the Help assistant

ESEA Copilot is an assistant powered by artificial intelligence (AI). It gives general information and help about your ESEA boat and boating. The App also has a Help assistant, powered by AI, that answers questions about using the App. When you use either assistant, you are talking to an AI system, not a person. This section applies to both.

The assistants can be wrong. Their answers may be incomplete, out of date or inaccurate. They do not give navigation advice and are not a safety system or emergency service. Do not use their answers for navigation, avoiding collisions, emergencies or any other decision that affects safety. Check important information against the boat's manual, the boat's instruments, a qualified professional or another reliable source.

Please do not enter other people's personal data or sensitive information into the assistants unless it is necessary. You remain responsible for what you enter. We use what you enter to answer you and to run the assistants, as described in our Privacy Policy. Under the terms on which we use them (for Nous Research, with its Privacy Mode switched on), our AI service providers, Nous Research and Anthropic, do not use your conversations to train their AI models.

We will ask for your agreement separately in the App before you start using the assistants, and we may show you additional information or terms about them at that time. You can withdraw your agreement at any time in the App under Account → "ESEA Copilot and AI providers", and you can delete your conversations in the App.

8. Acceptable use

Use the App lawfully and only for its intended purpose.

You must not try to access another person's account, a boat you are not authorised to use, or ESEA's systems without permission. You must not interfere with the App or its security, get around technical protections, introduce malicious software, misuse our data or interfaces, or copy, decompile or reverse engineer the App, except where the law expressly allows it.

You must not use the App, ESEA Copilot or the Help assistant for anything unlawful, fraudulent, harmful or abusive.

9. Third-party services

Parts of the App depend on services provided by other companies. These include propulsion and onboard system providers (such as ePropulsion), chart and map providers (such as Savvy Navvy), mobile networks, cloud hosting, AI service providers, and the operating systems and notification services of Apple and Google.

These companies may have their own terms and privacy policies. We do not control their services and cannot guarantee that they will always be available, accurate or free of errors.

10. Data generated by your boat

Your boat generates data about how it is used and how it performs, for example battery, charging, propulsion, location and fault data.

You can ask us for access to the data generated by your boat and, where the law allows, ask us to share it with a third party of your choice. To do this, contact us using the details in section 19.

You allow ESEA to use data generated by your boat that is not personal data to provide and support the App and your boat, diagnose faults, handle warranty and service, keep the boat and the App safe and secure, and develop and improve our products and services. We handle personal data, including location data linked to you, as described in our Privacy Policy.

11. Privacy and account deletion

Our Privacy Policy explains what personal data we collect, why we use it, who we share it with and what rights you have. You can read it at https://www.eseaboats.com/privacy-policy/.

You can delete your account at any time, in the App under Account → Profile → Delete account, or by e-mailing support@eseaboats.com from the e-mail address registered on your account. Instructions are at https://www.eseaboats.com/delete-account/. You can cancel the deletion within 14 days. When you delete your account, we delete the personal data linked to it, except for data we must keep by law or are allowed to keep for a legitimate reason, as explained in our Privacy Policy.

12. Intellectual property and licence

The App, including its software, design, graphics, content and the ESEA name and logo, belongs to ESEA or the companies that license it to us.

We give you a personal, non-exclusive, non-transferable licence to use the App on devices you own or control, for your own use with an ESEA boat you own or are authorised to use. We may end this licence as described in section 15.

You do not acquire any ownership of the App or its content. Content, data and trademarks of other companies remain theirs.

13. Availability and updates

We aim to keep the App available and working well, but we cannot promise it will always be available or free of errors. The App or some features may be unavailable at times, for example during maintenance or updates, or because of technical problems or problems with third-party services.

We may update the App, add or change features, or stop offering a feature when there is a good reason, for example for technical, security, legal or product reasons. Some updates may be needed for the App to keep working with your boat. If we remove a feature that matters for how you use your boat, we will tell you in advance where possible.

14. Limitation of liability

Nothing in these Terms limits or excludes our liability where the law does not allow this. This includes liability for intent or gross negligence, for death or personal injury caused by our negligence, and under product liability law. These Terms also do not affect your mandatory rights as a consumer.

Subject to that, we are not liable for loss or damage that results from relying on information in the App, such as estimated range, delayed or incomplete boat data, alerts, answers from ESEA Copilot or the Help assistant or third-party information, instead of the boat's instruments, charts and your own judgement as skipper.

We are not liable for loss or damage caused by events outside our reasonable control, such as failures of mobile or satellite networks, your phone, onboard equipment made by others, or third-party digital services.

Where we are liable, we are only liable for loss or damage that was a reasonably foreseeable result of our failing to meet these Terms.

15. Suspension and termination

We may suspend or restrict your access to the App where this is reasonably necessary to protect the security of the App, your boat, other users or our systems, or where we reasonably believe the App is being used unlawfully or in serious breach of these Terms.

Where possible, we will tell you in advance and explain why, unless immediate action is needed for security, safety or legal reasons.

You can stop using the App at any time and delete your account as described in section 11.

16. Changes to these Terms

We may update these Terms from time to time, for example when the App changes, when we work with new partners, or when the law changes.

If a change significantly affects your rights or obligations, we will tell you in advance through the App or by email. Where needed, we will ask you to accept the new version before you continue using the App. If you do not agree with the new version, you can stop using the App and delete your account.

The version number and effective date of the current Terms are shown at the top of this page.

17. Apple App Store and Google Play

If you downloaded the App from the Apple App Store, the following also applies. These Terms are between you and ESEA, not Apple. ESEA, not Apple, is responsible for the App, its content, maintenance and support. Apple has no obligation to provide maintenance or support for the App. If the App does not meet any applicable warranty, you may tell Apple, and Apple may refund the purchase price (if any); to the extent permitted by law, Apple has no other warranty obligation for the App. ESEA, not Apple, is responsible for handling any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection claims and claims that the App infringes someone else's intellectual property rights. You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you downloaded the App from Google Play, Google's terms for Google Play also apply to your use of Google Play. These Terms are between you and ESEA, not Google.

18. Governing law and disputes

These Terms are governed by the laws of the Netherlands. If you are a consumer living in another country, you keep the protection of the mandatory consumer laws of your country of residence.

If you have a complaint, please contact us first so we can try to resolve it.

Disputes will be decided by the competent court in Amsterdam, the Netherlands. If you are a consumer, you may also bring a claim before the courts of the country where you live.

19. Contact us

ESEA BOATS B.V.

Jan Vrijmanstraat 305, 1087 MN Amsterdam, the Netherlands

Chamber of Commerce (KvK) number: 96204869

Email: support@eseaboats.com

Website: https://www.eseaboats.com