Terms of Service and Liability Waiver

I. Acceptance of Terms

By accessing or using the Service, you represent and warrant that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. Your acceptance may be timestamped and recorded in our systems.

II. Modifications

We reserve the right to modify these Terms from time to time. We will provide notice of material changes by posting the updated Terms through the Service, updating the Effective Date, and, where required by law, providing additional notice. Your continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by applicable law. If you do not agree to a modification, you must discontinue use and cancel your account.

I. Minimum Age

You must be at least sixteen (16) years of age to create an account or use the Service. If applicable law in your jurisdiction requires a higher minimum age for you to enter into these Terms or consent to the processing of personal information, that higher age applies unless a parent or legal guardian provides any consent required by law.

II. Users Ages 16-17

If you are sixteen (16) or seventeen (17), you represent that you have the permission of a parent or legal guardian to use the Service and that your parent or legal guardian has reviewed these Terms with you where required by applicable law.

III. Account Creation

To access certain features, you must create an account by providing accurate, current, and complete information, which may include your email address and selected boat type. You agree to maintain and promptly update your account information.

IV. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for activities occurring under your account. You agree to notify us promptly of suspected unauthorized access or use.

V. One Account Per User

Unless expressly permitted by the Company, each individual may maintain only one account and may not share account credentials with another person.

I. Educational Purpose

The Service is a subscription-based educational web application designed for recreational boaters. It provides access to an artificial intelligence-powered assistant (the “AI Assistant”) that uses boating curriculum and related content to provide educational information on topics such as docking, anchoring, navigation markers, safety procedures, and location-specific boating information. Responses may be tailored based on information you provide, including boat type, and the Service may provide educational follow-up questions or quizzes.

II. Educational Use Only; No Navigation

The Service is an educational companion intended to supplement, not replace, in-person instruction, personal study, competent seamanship, official nautical charts, licensed navigation systems, professional marine instruction, or independent judgment. You must not use the Service as your sole source for real-time navigation, steering, routing, course corrections, or other operational decisions while operating a vessel.

III. AI Responses and Scope

The AI Assistant is designed to provide information within the scope of the Service and its available boating content. It may decline, limit, redirect, or qualify requests that are outside its intended scope or that involve safety-critical, emergency, or real-time operational decisions. Because artificial intelligence behavior can vary, the Company does not guarantee that the AI Assistant will identify or refuse every inappropriate, unsafe, or out-of-scope request.

IV. Emergency Information

The Service may provide general emergency-oriented information or direct users toward emergency resources when an emergency is described. It is not an emergency response system and does not replace 911, the U.S. Coast Guard, VHF Channel 16, local emergency services, or other appropriate emergency resources. In an emergency, contact the appropriate emergency authority first.

V. Safe Operation

Your obligations regarding safe vessel operation are set forth in Article 5.

I. Subscription Plans

The Service may be offered through monthly, annual, trial, complimentary, or other subscription arrangements described at the time of enrollment. Pricing, included features, and billing cycles will be presented before purchase.

II. Payment Processing

Payments are processed through Stripe or another payment processor designated by the Company. By providing a payment method and purchasing a recurring subscription, you authorize the Company and Stripe, as applicable, to charge your designated payment method for the applicable subscription fees and taxes in accordance with the plan you select.

III. Automatic Renewal

Unless you cancel before the end of the then-current billing period, a recurring subscription will automatically renew for the next applicable monthly or annual billing period at the price disclosed to you or otherwise permitted by applicable law. Renewal charges are generally processed at the beginning of the new billing period.

IV. Free Trials and Complimentary Access

The Company may offer free trials or complimentary access. Any trial that converts to a paid subscription will disclose the applicable conversion terms before enrollment. Complimentary access may be subject to separate eligibility requirements or conditions.

V. Cancellation

You may cancel a recurring subscription at any time through the cancellation method made available in your account or Service. Unless otherwise stated at the time of cancellation, cancellation stops future renewal charges and becomes effective at the end of the current paid billing period, during which you may continue to access the Service. No refunds or prorated credits are provided for partially used billing periods except where required by applicable law.

VI. Price Changes

We may change subscription pricing. For an existing recurring subscription, a price change will apply no earlier than the next renewal period after any notice required by applicable law. You may cancel before renewal if you do not wish to continue at the new price.

VII. Taxes

Fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments unless stated otherwise. You are responsible for applicable transaction taxes except taxes based on the Company’s net income.

I. Safe Vessel Operation

You are solely responsible for the safe operation of any vessel. You must exercise independent judgment, maintain a proper lookout, comply with applicable navigation rules, use appropriate charts and equipment, and avoid relying on the Service as your sole source for operational decisions.

II. No Reliance for Safety-Critical Decisions

You must independently verify safety-critical information using appropriate official or authoritative sources, including weather forecasts, navigation warnings, notices to mariners, charts, required safety equipment, and applicable boating laws.

III. Prohibited Uses

You may use the Service only for lawful, authorized purposes. You agree not to:

1. A.Use the Service in a manner that distracts you from safe vessel operation or creates an unreasonable risk of harm.
2. B.Treat the Service as a substitute for official charts, approved navigation systems, competent seamanship, professional instruction, or emergency services.
3. C.Use the Service in violation of applicable law or boating safety requirements.
4. D.Reverse engineer, decompile, or attempt to derive source code; use unauthorized bots, scrapers, or automated means to extract data; or interfere with or attempt unauthorized access to the Service or related systems.
5. E.Transmit malware or other harmful code.
6. F.Harass, threaten, defame, impersonate, or violate the rights of another person.
7. G.Resell, sublicense, redistribute, or commercially exploit access to the Service without prior written consent.
8. H.Use the Service in any manner expressly prohibited by these Terms.

IV. Compliance with Laws

You are responsible for complying with laws, rules, regulations, licensing requirements, and safety obligations applicable to your activities and vessel operation.

I. Company Ownership

The Service and its software, text, graphics, logos, curriculum materials, features, functionality, and other Company-provided content (collectively, “Company Content”) are owned by the Company or its licensors and are protected by applicable intellectual property laws.

II. Limited License

Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and Company Content for your personal, non-commercial educational use. Except as expressly permitted, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, resell, or commercially exploit Company Content.

III. Trademarks

“Pocket Captain,” “First Mate,” Company logos, and other Company marks are trademarks or service marks of the Company or its licensors. No right to use those marks is granted except as necessary to use the Service.

IV. Reservation of Rights

All rights not expressly granted are reserved by the Company and its licensors.

I. Information We Process

In connection with the Service, the Company may collect or process information such as your email address, selected boat type, account and subscription information, conversation history with the AI Assistant, prompts, responses, feedback, usage information, and other information you choose to provide (collectively, “User Data”).

II. How User Data Is Used

The Company may use User Data to provide, secure, maintain, personalize, analyze, develop, evaluate, and improve the Service and the AI Assistant; process subscriptions and payments; communicate with you; troubleshoot and prevent abuse; and comply with legal obligations. This includes using conversations, prompts, responses, and feedback to help evaluate and improve the AI Assistant and the quality of its boating-related responses, subject to the Company’s Privacy Policy and applicable law.

III. Service Providers and AI Processing

The Company may use service providers and technology vendors, including hosting, analytics, payment, infrastructure, and artificial intelligence providers, to process User Data on the Company’s behalf or as otherwise disclosed in the Privacy Policy. Such providers may process information as necessary to provide their services, subject to applicable contractual and legal requirements.

IV. User Content Ownership and License

As between you and the Company, you retain ownership of questions, messages, feedback, suggestions, and other content you submit (“User Content”). You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, and otherwise use User Content as reasonably necessary to operate, secure, provide, analyze, develop, and improve the Service and AI Assistant, and to comply with law. This license lasts for as long as reasonably necessary for those purposes, subject to the Privacy Policy, applicable retention practices, and legal obligations. The Company will not use your User Content in public advertising or identify you publicly as an endorser without separate permission.

V. Account Deletion and Data Removal

You may request deletion of your account by contacting info@firstmatecoach.com or by using any account-deletion functionality made available through the Service. Data will be deleted, de-identified, or retained in accordance with the Privacy Policy, applicable law, security needs, backup practices, legal obligations, dispute resolution, and enforcement requirements.

VI. Privacy Policy

The Company’s Privacy Policy provides additional information regarding data collection, processing, retention, disclosure, and user choices. If there is a conflict between these Terms and the Privacy Policy concerning the treatment of personal information, the Privacy Policy controls to the extent required by applicable law.

I. Third-Party Services

The Service may integrate with or rely on third-party providers, including Stripe, hosting providers, analytics providers, and AI or infrastructure providers. Third-party services may be subject to their own terms and privacy policies. The Company is not responsible for third-party services outside its control.

II. Third-Party Links

The Service may contain links to third-party websites or resources. The Company does not control and is not responsible for the content, privacy practices, availability, or security of third-party sites.

III. App Store Terms

If the Service is distributed through a third-party application store, you must also comply with applicable app-store terms. To the extent permitted by law, these Terms govern your relationship with the Company regarding the Service.

I. Educational Purpose Disclaimer

THE SERVICE IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT A LICENSED MARINE NAVIGATION SERVICE, EMERGENCY RESPONSE SERVICE, OR SUBSTITUTE FOR COMPETENT SEAMANSHIP, PROFESSIONAL INSTRUCTION, OFFICIAL CHARTS, APPROVED NAVIGATION EQUIPMENT, OR INDEPENDENT JUDGMENT.

II. No Warranty of Accuracy

WHILE THE COMPANY SEEKS TO PROVIDE USEFUL EDUCATIONAL CONTENT, INFORMATION PROVIDED THROUGH THE SERVICE MAY BE INCORRECT, INCOMPLETE, OUTDATED, OR UNSUITABLE FOR A PARTICULAR SITUATION. CONDITIONS, REGULATIONS, HAZARDS, WEATHER, AND BEST PRACTICES CAN CHANGE.

III. AI Limitations

THE AI ASSISTANT MAY GENERATE INCORRECT, INCOMPLETE, OUTDATED, INCONSISTENT, OR MISLEADING OUTPUT. IT CANNOT DIRECTLY PERCEIVE YOUR REAL-WORLD CONDITIONS, VESSEL, LOCATION, WEATHER, EXPERIENCE, OR ABILITIES UNLESS INFORMATION IS PROVIDED TO IT, AND EVEN THEN ITS OUTPUT MAY BE WRONG. YOU MUST INDEPENDENTLY VERIFY INFORMATION BEFORE RELYING ON IT.

IV. Assumption of Risk

YOU ACKNOWLEDGE THAT BOATING AND VESSEL OPERATION INVOLVE INHERENT AND OTHER RISKS, INCLUDING COLLISION, GROUNDING, CAPSIZING, EQUIPMENT FAILURE, WEATHER, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE. YOU VOLUNTARILY ASSUME THE RISKS ASSOCIATED WITH YOUR BOATING ACTIVITIES AND YOUR DECISIONS REGARDING WHETHER AND HOW TO USE INFORMATION OBTAINED THROUGH THE SERVICE.

V. No Substitute for Competent Seamanship

YOU ARE RESPONSIBLE FOR YOUR OWN TRAINING, LICENSURE, EXPERIENCE, VESSEL CONDITION, SAFETY EQUIPMENT, LOOKOUT, COMPLIANCE WITH NAVIGATION RULES, AND OPERATIONAL JUDGMENT.

VI. Service Availability

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR SUITABLE FOR YOUR PARTICULAR NEEDS.

VII. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.

I. Release Related to the Service

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND WAIVE CLAIMS AGAINST THE COMPANY AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (THE “COMPANY PARTIES”) FOR INJURY, DEATH, PROPERTY DAMAGE, ECONOMIC LOSS, OR OTHER HARM TO THE EXTENT ARISING FROM OR RELATED TO (A) YOUR USE, MISUSE, OR RELIANCE ON THE SERVICE OR AI-GENERATED INFORMATION; (B) YOUR FAILURE TO INDEPENDENTLY VERIFY SAFETY-CRITICAL OR OPERATIONAL INFORMATION; OR (C) RISKS OF BOATING THAT YOU VOLUNTARILY ASSUME, INCLUDING WHERE A CLAIM ALLEGES ORDINARY NEGLIGENCE BY A COMPANY PARTY, BUT ONLY TO THE EXTENT SUCH A RELEASE IS PERMITTED BY APPLICABLE LAW.

II. Claims That Cannot Be Waived

Nothing in these Terms releases, excludes, or limits liability that cannot lawfully be released, excluded, or limited. The scope and enforceability of any waiver or release are subject to applicable law.

III. Indemnification by User

To the extent permitted by law, you agree to indemnify, defend, and hold harmless the Company Parties from third-party claims, liabilities, damages, losses, and reasonable costs and attorneys’ fees arising out of or related to: (A) your violation of these Terms or applicable law; (B) your User Content or infringement or violation of a third party’s rights; (C) your unauthorized, negligent, reckless, or willful misuse of the Service; or (D) your negligent, reckless, or intentional acts or omissions in connection with your use of the Service or vessel operation.

IV. Defense and Settlement

The Company may assume control of the defense of a matter subject to indemnification, in which case you agree to provide reasonable cooperation. You may not settle a claim in a manner that admits liability by, imposes obligations on, or otherwise adversely affects a Company Party without the Company’s prior written consent.

I. Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

II. Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE SUBSCRIPTION FEES YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

III. Basis of Bargain

You acknowledge that the disclaimers, exclusions, releases, and limitations in these Terms are material parts of the agreement between you and the Company.

IV. Applicable Law

Some jurisdictions do not permit certain exclusions or limitations. Where applicable law prohibits a provision in this Article, that provision will apply only to the maximum extent permitted by law.

I. Termination by You

You may terminate these Terms by canceling your subscription, closing your account where that functionality is available, and discontinuing use of the Service. Cancellation of a paid subscription is governed by Article 4.

II. Suspension or Termination by Company

The Company may suspend or terminate access to the Service, subject to applicable law, including for breach of these Terms, unlawful or harmful conduct, security concerns, non-payment, misuse, or conduct that creates material risk or liability for the Company or others.

III. Effect of Termination

Upon termination, your right to use the Service ends, except that paid access may continue through the end of an already-paid billing period when applicable under Article 4. The Company may retain, delete, or de-identify User Data as described in Article 7 and the Privacy Policy. Except where required by law or expressly stated otherwise, termination does not create a right to a refund or prorated credit.

IV. Survival

Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, User Content licenses, disclaimers, assumption of risk, releases, indemnification, limitations of liability, dispute resolution, and general legal terms.

I. Governing Law

These Terms and disputes arising out of or related to them or the Service are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

II. Venue

Subject to any non-waivable rights under applicable law, legal actions arising out of or related to these Terms or the Service shall be brought in a state or federal court having jurisdiction in or over Lincoln County, North Carolina, and the parties consent to personal jurisdiction and venue there.

III. Informal Dispute Resolution

Before filing a formal legal action, you and the Company agree to make a good-faith effort to resolve the dispute informally. You may contact the Company at info@firstmatecoach.com. If the dispute is not resolved within sixty (60) days after written notice, either party may pursue an available formal remedy.

IV. Class-Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

V. Jury-Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL IN A PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

I. Notice to Company

Notices to the Company under these Terms should be sent to: Pocket Captain, LLC, PO Box 1401, Denver, NC 28037; Email: info@firstmatecoach.com.

II. Notice to You

The Company may provide notices by email to the address associated with your account, through the Service, or by another method permitted by law. You are responsible for keeping your contact information current.

III. Electronic Communications

By using the Service, you consent to receive agreements, notices, disclosures, and other communications electronically to the extent permitted by law.

I. Entire Agreement

These Terms, together with the Privacy Policy and any other terms or policies expressly incorporated by reference, constitute the agreement between you and the Company concerning the Service and supersede prior understandings concerning the same subject matter.

II. Severability

If a provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable if possible, or severed if necessary, and the remaining provisions will continue in effect.

III. Waiver

A failure to enforce a provision is not a waiver of that provision or any other right.

IV. Assignment

You may not assign these Terms without the Company’s prior written consent. The Company may assign these Terms as permitted by law, including in connection with a merger, financing, reorganization, sale of assets, or transfer of the Service.

V. No Third-Party Beneficiaries

Except for the Company Parties with respect to provisions expressly protecting them, these Terms do not create third-party beneficiary rights.

VI. Force Majeure

The Company is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, governmental action, fire, flood, pandemic, labor disruption, utility or network failure, or shortages of transportation, fuel, energy, labor, or materials.

VII. Headings

Headings are for convenience and do not affect interpretation.

VIII. Interpretation

The words “include” and “including” mean “including without limitation.” The word “or” is not exclusive. References to writing include electronic communications.

IX. Relationship of Parties

Nothing in these Terms creates an agency, partnership, joint venture, employment, or franchise relationship between you and the Company.

X. English Language

The English-language version controls in the event of a conflict with a translation.