Terms of Service

1. Introduction and Acceptance

Welcome to Flotilla. These Terms of Service ("Terms") govern your access to and use of the Flotilla mobile application, website at flotillaapp.com, and related services (collectively, the "Service"), operated by Flotilla, LLC ("Flotilla," "we," "us," or "our"), a Delaware limited liability company.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

2. What Flotilla Is (and Is Not)

Flotilla is a trip planning and discovery platform. We help you find yacht charter options, organize group trips, invite friends, estimate costs, and communicate with independent charter operators.

Flotilla is not a charter company, travel agency, or booking engine. We do not own, operate, or crew any vessels. We do not guarantee the availability, condition, safety, or quality of any yacht or charter experience listed in the app. All charter agreements are made directly between you and the independent operator.

When you submit an inquiry or contact an operator through Flotilla, you are initiating a direct relationship with that operator. Any booking, contract, payment, cancellation policy, or dispute arising from a charter is between you and the operator. We are not a party to those agreements.

3. Accounts

3.1 Registration

You must create an account to use certain features of the Service. Accounts are created using phone-based SMS verification. You must provide a valid phone number and are responsible for maintaining access to it.

3.2 Account Security

You are responsible for all activity that occurs under your account. Do not share your verification codes with anyone. Notify us immediately if you believe your account has been compromised.

3.3 Age Requirement

You must be at least 18 years old to use the Service. By creating an account, you represent that you are 18 or older.

4. Pricing and Cost Estimates

4.1 Estimates, Not Quotes

Yacht prices, charter type surcharges, crew costs, extras, and per-person cost splits displayed in the app are estimates based on publicly available information. They are not binding quotes. Actual prices are determined by the charter operator and may vary based on season, availability, specific vessel, and other factors.

4.2 Currency Display

Prices are stored in US Dollars and may be displayed in other currencies using approximate exchange rates. Exchange rates are not updated in real time and should not be relied upon for financial decisions.

4.3 Referral Fees

Flotilla may earn referral commissions from charter operators when an inquiry made through our platform leads to a confirmed booking. These commissions are paid by the operator and do not increase the price you pay for a charter.

5. Yacht and Operator Information

5.1 Data Accuracy

Yacht listings, specifications, photos, and operator details displayed in the app are gathered from publicly available sources and operator websites. While we make reasonable efforts to keep this information current, we do not guarantee its accuracy, completeness, or timeliness.

Yacht availability, pricing, and specifications should always be confirmed directly with the charter operator before making any booking decisions.

5.2 Availability Verification

The app may check whether a yacht listing is still current before you create a trip. However, the presence of a yacht in the app does not guarantee that it is available for charter on your desired dates or at the displayed price.

6. Trip Planning Features

6.1 Trip Creation

You may create trips, invite guests, and organize group charters through the app. Trip details (dates, guests, cost shares) are planning tools for your group's coordination. They do not constitute a reservation or booking with any operator.

6.2 Guest Invitations

When you invite someone to a trip, we send them an SMS message on your behalf. You represent that you have the recipient's permission to share their phone number with us for this purpose. Do not use the invitation feature to send unsolicited messages.

6.3 Cost Splitting

Cost splitting features are provided as a planning convenience. Flotilla does not process payments between trip members, enforce payment obligations, or mediate financial disputes between guests. You are responsible for settling costs within your group.

7. Operator Communications

7.1 Email Relay

When you contact an operator through Flotilla, your messages are relayed via our email system. Operator replies are routed back into the app. We facilitate this communication but do not monitor, endorse, or take responsibility for the content of operator responses.

7.2 Message Retention

Conversations and message attachments are stored as described in our Privacy Policy. You may delete conversations at any time.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Send spam, unsolicited messages, or bulk invitations to people who have not agreed to receive them
• Impersonate another person or misrepresent your identity
• Attempt to gain unauthorized access to other users' accounts or data
• Interfere with or disrupt the Service or its infrastructure
• Use automated tools to scrape, crawl, or extract data from the Service (the app, API, or website)
• Submit false inquiries to operators or abuse the communication system
• Upload malicious files or content through the messaging system

9. Intellectual Property

9.1 Our Content

The Service, including its design, branding, code, and original content, is owned by Flotilla and protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Service without our written permission.

9.2 Third-Party Content

Yacht photos, operator logos, and listing descriptions may be owned by third parties (charter operators, yacht manufacturers, etc.). Such content is displayed for informational purposes in connection with the Service.

9.3 Your Content

You retain ownership of any content you submit through the Service (messages, trip names, etc.). By submitting content, you grant us a limited license to store, display, and transmit it as necessary to operate the Service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Yacht listings, prices, or availability information will be accurate or current
• Any charter operator will respond to your inquiry, honor a quoted price, or provide a satisfactory experience
• Cost estimates will match actual charter pricing

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOTILLA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Without limiting the above, Flotilla is not liable for:

• The actions, omissions, or negligence of any charter operator
• The condition, safety, or seaworthiness of any vessel
• Cancellations, delays, or changes made by operators
• Personal injury, property damage, or death occurring during a charter
• Financial losses from relying on price estimates displayed in the app
• Disputes between trip organizers and guests regarding cost sharing or payments

Our total liability to you for any claim arising from the Service shall not exceed the amount you paid us, if any, in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Flotilla and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your interactions with charter operators or other users.

13. Termination

You may delete your account at any time through the app's profile settings. This will permanently remove your data as described in our Privacy Policy.

We may suspend or terminate your account if you violate these Terms, abuse the Service, or engage in activity that harms other users or operators. We will provide notice where reasonably possible.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the app or via the contact information associated with your account. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Flotilla regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign or transfer your rights under these Terms without our consent. We may assign our rights without restriction.

17. Contact Us

If you have questions about these Terms, please contact us at:

Email: hello@flotillaapp.com