Terms of Service & User Agreement

Effective Date: March 13, 2025 · Version 1.0

1. Who We Are and What Afloat Does

Afloat is a boat management platform built for recreational boaters worldwide. It helps you track your vessel, plan trips, manage maintenance, and stay organized — all in one place.

Afloat is operated by Critical Impact Inc. (referred to in this document as "Afloat," "we," "us," or "our"). Our registered address is 156 Leeland Way, Fredericton, NB, E3A 5M7, Canada.

By creating an account or using the Afloat application (the "App"), you (the "User") agree to the terms set out below.

2. Boating Is Dangerous — Your Responsibility Is Absolute

2.1 The Inherent Risks of Boating

Recreational boating involves serious and inherent risks including, but not limited to: capsizing, collision, fire, flooding, grounding, equipment failure, severe weather, fog, tidal hazards, and loss of life. These risks exist regardless of experience level, equipment quality, or any tools you use — including Afloat.

2.2 You Are the Captain

The owner and/or captain of a vessel bears ultimate and sole responsibility for:

• All decisions made aboard the vessel, including whether and when to depart, anchor, or return to port.
• The seaworthiness and mechanical condition of the vessel at all times.
• The safety, well-being, and conduct of all persons aboard.
• Compliance with all applicable national, regional, and local maritime regulations and laws, including those set by your national maritime authority.
• Any actions taken — or not taken — in response to information, suggestions, or content provided by the App.

Afloat does not assume, share, reduce, or transfer any portion of this responsibility. Using Afloat does not make you a safer boater unless you apply good judgment and seek qualified advice when it matters.

2.3 Afloat Is an Organizational Tool, Not a Safety Authority

Afloat is designed to help you stay organized and informed — not to replace professional expertise, official resources, or your own seamanship. Nothing in the App constitutes maritime navigation guidance, weather forecasting, search-and-rescue coordination, or regulatory compliance advice.

Before taking any action that could affect the safety of your vessel or the people aboard, you should consult:

• Licensed marine mechanics or naval architects for vessel maintenance and structural questions.
• A professional marine weather service or your national meteorological authority for accurate forecasts.
• Your national coast guard or maritime authority for regulatory and safety matters.
• A qualified marine surveyor before purchasing, insuring, or making significant changes to a vessel.
• A licensed maritime lawyer for legal questions relating to vessel ownership or liability.

3. AI Features — Helpful, But Not Infallible

Afloat incorporates artificial intelligence (AI) to assist with features such as maintenance recommendations, trip planning suggestions, and inventory guidance. You should understand the following before relying on any AI-generated content:

3.1 AI Makes Mistakes

AI systems — including the ones used in Afloat — can produce incorrect, incomplete, outdated, or misleading information. This is an inherent limitation of current technology. AI output is not reviewed by a licensed professional before it is shown to you.

3.2 No AI Output Is Advice

Any information, recommendation, checklist, or suggestion produced by an AI feature within Afloat is provided for general informational purposes only. It does not constitute:

• Marine safety advice or navigation guidance.
• Mechanical, electrical, or structural advice for your specific vessel.
• Legal, regulatory, or compliance guidance.
• Emergency response instructions.

3.3 Your Judgment Governs

You are responsible for evaluating AI-generated content critically and for consulting qualified experts before acting on it. We are not liable for any loss, damage, injury, or harm resulting from your reliance on AI-generated content within the App.

4. Data — Your Responsibility to Back It Up

4.1 No Guarantee of Data Availability

While we work hard to keep Afloat running reliably, we do not guarantee that your data will always be available, complete, or free from corruption. Data loss can occur due to technical failures, security incidents, software bugs, human error, infrastructure outages, or other events outside our control.

4.2 We Are Not Liable for Lost Data

To the fullest extent permitted by applicable law, Afloat is not responsible for any loss, deletion, corruption, or unavailability of your data, regardless of the cause. This includes data stored in your account, trip plans, maintenance records, inventory, contacts, and any other content you enter into the App.

4.3 How to Export Your Data

You can export your data at any time from within the App. We encourage you to do this periodically — monthly at minimum — and to store the exported data in a secure location outside of Afloat.

5. Your Data and Privacy

5.1 What We Collect

We collect the information you provide when creating an account and using the App, along with usage data and technical information about your device and connection. Our full Privacy Policy, available at https://www.afloat.ca/privacy, explains in detail what we collect, how we use it, and your rights.

5.2 Security Measures We Take

We take data security seriously and implement reasonable technical and organizational measures to protect your information. These include encrypted communications (TLS/HTTPS), access controls, secure credential management, and regular security reviews.

5.3 What You Should NOT Store in Afloat

Afloat is not designed or certified for storing highly sensitive information. Please do not enter the following into the App:

• Government-issued ID numbers (passport numbers, national ID, etc.).
• Full financial account numbers, credit card details, or banking credentials.
• Medical information or health records.
• Passwords or security credentials for other systems.
• Any information classified as sensitive under applicable privacy law.

If you choose to store sensitive information in the App against this guidance, you do so at your own risk.

5.4 Third-Party Services

Afloat may use third-party services for authentication, hosting, analytics, and other infrastructure. These providers have their own security practices and privacy policies. We select providers with strong security reputations, but we cannot guarantee their behaviour.

6. Acceptable Use

You agree to use Afloat only for lawful purposes and in a manner consistent with this agreement. You must not:

• Attempt to access, tamper with, or disrupt Afloat's systems, servers, or data.
• Use the App to facilitate any illegal activity, including violations of maritime law.
• Share your account credentials with others or allow unauthorized access to your account.
• Submit false or misleading information that could affect emergency contacts or float plan monitoring features.
• Reverse-engineer, decompile, or attempt to extract the App's source code.

We reserve the right to suspend or terminate accounts that violate this agreement, without notice if necessary.

7. Subscription, Billing & Account Termination

Details about current pricing, plan features, billing cycles, and free trial terms are available at https://www.afloat.ca/costs. The following general terms apply:

• Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your plan).
• You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period; we do not offer prorated refunds for partial periods unless required by law.
• We may change our pricing with reasonable notice (not less than 30 days). Your continued use of the App after a price change constitutes acceptance of the new pricing.
• If your payment method fails and is not updated within a reasonable period, we may suspend or downgrade your account.
• Upon account termination (by you or by us), you should export your data before closure. We will retain your data for a limited period as described in our Privacy Policy before permanent deletion.

8. Limitation of Liability

To the fullest extent permitted by applicable law:

• Afloat is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied.
• We do not warrant that the App will be error-free, continuously available, or suitable for any particular purpose.
• Afloat and its officers, employees, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of life, personal injury, property damage, data loss, or financial loss — arising from your use of the App or reliance on its content.
• Our total aggregate liability to you for any claim arising from your use of the App will not exceed the amount you paid to us in the 12 months prior to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. If you are in such a jurisdiction, some of the above limitations may not apply to you.

9. Governing Law and Disputes

This agreement is governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Any dispute arising from this agreement or your use of Afloat that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts of New Brunswick, Canada.

If you have a concern or complaint, we encourage you to contact us first at support@afloat.ca. We will do our best to resolve issues fairly and promptly.

10. Changes to This Agreement

We may update this agreement from time to time to reflect changes in the App, our practices, or applicable law. When we make material changes, we will:

• Post the updated agreement in the App and on our website with a new effective date.
• Notify you by email or in-app notification at least 14 days before the changes take effect.

Your continued use of the App after the effective date of a revised agreement constitutes your acceptance of the updated terms. If you do not agree with the changes, you may cancel your account before they take effect.

11. Contact Us

• Email: support@afloat.ca
• Website: https://www.afloat.ca
• Address: 156 Leeland Way, Fredericton, NB, E3A 5M7, Canada

This agreement was last updated on March 13, 2025. Version 1.0.