Last Updated: July 1, 2025
This Software License Agreement (“Agreement”) governs your use of the YachtWave mobile and web applications (“Software”), including both the personal-use version (“YachtWave”) and the commercial-use version (“YachtWave Fleet Edition”), developed and operated by Durban Equity Holdings II, LLC dba YachtWave (the “Company”)
This Agreement applies only to the use of the YachtWave Software. Use of the YachtWave Delivery Platform is governed by a separate agreement and is not covered by the terms set forth here. By accessing or using the Software, you agree to be bound by this Agreement. If you do not agree, you must not use the Software.
This Agreement is effective as of the date you first install, access, or use the Software.
The following terms, when used in this Agreement, shall have the meanings set forth below. These definitions apply throughout the Agreement unless otherwise specified.
The Company grants individual Users a limited, non-exclusive, non-transferable, revocable license to use YachtWave solely for Personal Use. This license is provided at no cost and is intended only for the individual management of a personally owned vessel.
Use of the Software for any Commercial Use requires a paid Subscription to YachtWave Fleet Edition. Upon purchase of a valid Subscription, the Company grants the User a limited, non-exclusive, non-transferable license to use YachtWave Fleet Edition under the selected tier—Fleet Tier or Megayacht Tier—for authorized commercial purposes.
To use the Software, you must complete Registration. Access to the Software is restricted to approved devices and may be limited or unavailable in certain geographic regions at the discretion of the Company.
By completing Registration, you represent and warrant that:
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. The Company is not liable for any loss or damage resulting from unauthorized use of your account.
Use of the Software for Personal Use is provided at no charge. However, access to certain features may be limited or restricted to encourage proper licensing for Commercial Use.
Any Commercial Use of the Software requires a valid, active Subscription to YachtWave Fleet Edition under either the Fleet Tier or Megayacht Tier. Subscription fees vary based on selected tier, number of vessels, feature access, and other usage parameters defined by the Company.
All fees are exclusive of applicable taxes. You are responsible for paying any sales, use, value-added, or other government taxes or fees imposed in connection with your Subscription and use of the Software.
All payments are non-refundable, except as required by applicable law. Downgrading or canceling your Subscription will not result in a refund or credit for unused time.
Use of the Software for any Commercial Use requires an active, valid Subscription under the YachtWave Fleet Edition, licensed through either the Fleet Tier or Megayacht Tier.
You may not misrepresent Commercial Use as Personal Use. If the Company determines that the Software is being used for Commercial Use without a valid Subscription, it may suspend or terminate access immediately and may seek payment for unlicensed use.
The Company reserves the right to review usage activity to verify compliance with licensing terms. Users agree to cooperate with any reasonable audit process. The Company may request confirmation of fleet size, vessel assignments, or user roles as part of this process.
If your use of the Software evolves from Personal to Commercial (e.g., you begin managing additional vessels or providing services to third parties), you must upgrade to a valid Subscription before continuing use.
The Software is licensed, not sold. All rights, title, and interest in and to the Software—including its codebase, UI/UX, content, internal tools, and proprietary datasets—are and will remain the exclusive property of the Company.
“YachtWave,” “YachtWave Fleet Edition,” “AI Mechanic™,” and all related names, logos, product names, and design elements are trademarks of the Company. Use without prior written consent is prohibited.
All intellectual property rights not expressly granted are reserved by the Company.
Any feedback provided by the User may be freely used by the Company without restriction or compensation.
You may upload or input data into the Software, including but not limited to vessel information, checklists, tasks, images, documents, crew assignments, maintenance records, or notes (“User Content”). You retain ownership of your User Content.
By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, host, store, reproduce, process, display, modify, adapt, translate, and distribute such content as reasonably necessary to:
You represent and warrant that you have the necessary rights to grant this license and that your User Content does not violate any applicable laws or third-party rights.
If you use features that allow User Content to be shared (e.g., with family, crew, staff, or vendors), you are solely responsible for the accuracy and appropriateness of the content shared and the permissions granted. The Company is not liable for any misuse, loss, or unauthorized access to User Content once it has been shared through the Software.
Use of the Software is governed by the Company’s Privacy Policy, which outlines how personal data is collected, used, and protected. By using the Software, you agree to the practices described in the Privacy Policy, which is hereby incorporated into this Agreement by reference.
The Software may collect usage data, diagnostic data, metadata, device identifiers, and other technical information in order to operate effectively, maintain service quality, improve user experience, and support development efforts. This may include data derived from interactions with features such as AI Mechanic™ or collaborative tools.
The Company employs industry-standard administrative, physical, and technical safeguards to protect the integrity and confidentiality of User Content and personal data. Despite these efforts, no method of transmission or storage is completely secure, and the Company cannot guarantee absolute data security.
The Software may integrate with or link to third-party services (e.g., cloud storage, OEM data sources, or APIs). The use of third-party services is governed by their own terms and privacy policies. The Company is not responsible for any data processed by such third parties.
If you access the Software from outside the United States, you understand and agree that your data may be transferred to and processed in the United States or other jurisdictions where the Company or its service providers operate.
For commercial customers who require additional assurances regarding the handling of personal data, the Company offers a separate Data Processing Addendum (“DPA”) upon request. The DPA outlines the Company’s obligations as a data processor and the customer’s rights as a data controller, in accordance with applicable privacy laws such as the GDPR, UK GDPR, CCPA, or other relevant regulations.
By registering for an account or using the Software, you acknowledge and agree that the Company may send you emails or notifications related to product updates, service announcements, offers, and other marketing communications. These communications are subject to our Privacy Policy.
You may opt out of receiving non-essential marketing communications at any time by clicking the unsubscribe link provided in our emails or by adjusting your communication preferences in your account settings.
The Company provides standard technical support for the Software through email and in-app communication channels. Support includes assistance with general usage, troubleshooting, and reporting technical issues.
The Company strives to respond to all support requests within 48 business hours. However, response times may vary depending on request volume, severity, and the nature of the issue.
The Software is provided on an “as available” basis. While the Company aims to maintain consistent uptime and reliability, no guarantees are made regarding uninterrupted access. Scheduled maintenance, updates, or unexpected outages may occur from time to time.
The Company may periodically release updates to the Software, which may include new features, performance improvements, bug fixes, or security patches. You agree to accept such updates as a condition of continued use.
The Company reserves the right to modify or discontinue any aspect of the Software, including features or specific service tiers, at any time. In the event of discontinuation of a paid feature, the Company may offer a pro rata refund or comparable service credit at its discretion.
You may terminate your use of the Software at any time by canceling your account through the account settings or by submitting a written request to the Company. Cancellation of your Subscription does not entitle you to a refund of any prepaid fees, except where required by applicable law.
The Company may suspend or terminate your access to the Software at any time, with or without notice, if:
The Company also reserves the right to discontinue the Software entirely, in which case notice will be provided to active Subscribers.
Termination does not relieve you of any payment obligations incurred prior to the effective date of termination.
The Software is provided “as is” and “as available,” without warranties of any kind, either express or implied. The Company disclaims all warranties, including but not limited to:
You assume all risk associated with your use of the Software, including reliance on any data, content, or recommendations provided by the Software or AI Mechanic™.
To the maximum extent permitted by applicable law, the Company will not be liable for:
In all cases, the Company’s total cumulative liability for any claim relating to the Software or this Agreement will not exceed the greater of:
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
The Company agrees to indemnify and hold you harmless from claims brought by third parties alleging that the Software, when used in accordance with this Agreement, infringes or misappropriates any third-party intellectual property right or violates applicable law.
This obligation does not apply to claims resulting from:
The Company’s total liability under this Section is subject to the limitations described in Section 13.
The Company may update or modify this Agreement from time to time. When changes are made, the revised Agreement will be posted within the Software or on the Company’s website, and the “Effective Date” at the top will be updated.
You are responsible for reviewing the terms periodically. Continued use of the Software after changes are posted constitutes your acceptance of the revised Agreement. If you do not agree to the modified terms, you must discontinue use of the Software.
The Company reserves the right to modify, enhance, suspend, or discontinue any part of the Software at any time, with or without notice. This includes but is not limited to user interface changes, added or removed features, and performance or security updates.
If any change materially reduces the core functionality of a paid feature, you may be eligible for a pro-rata refund or service credit, at the Company’s discretion.
This Agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the state or federal courts located in Manatee County, Florida, and you consent to the personal jurisdiction and venue of such courts.
Before initiating formal legal action, both parties agree to attempt to resolve any dispute, claim, or controversy arising from or relating to this Agreement through good faith negotiations for at least thirty (30) days after written notice of the dispute is provided.
If the parties are unable to resolve the dispute informally, the dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Manatee County, Florida, and be conducted in English by a single arbitrator.
The arbitrator’s decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party shall bear its own costs, except that the prevailing party may be awarded reasonable attorneys’ fees and costs.
Notwithstanding the above, either party may seek injunctive or other equitable relief at any time to prevent the unauthorized use or disclosure of confidential information or to protect its intellectual property rights.
If you have any questions, complaints, or notices regarding this Agreement or the Software, you may contact the Company at:
Durban Equity Holdings II, LLC dba YachtWaveLegal notices may be sent by certified mail, recognized overnight courier, or email to [email protected]. Notices delivered by email will be deemed received upon confirmed delivery (e.g., read receipt or written acknowledgment). Notices sent by mail or courier will be deemed received upon delivery confirmation.
The Company may also deliver legal notices to you using the contact information associated with your account.