Terms of Service

THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. PLEASE READ THEM CAREFULLY AND NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY MANNER.

Welcome to Sailo Inc, a Delaware corporation operating as Sailo (hereafter referred to as "Sailo", "we", "us" or "our"), a peer-to-peer boat rental marketplace connecting Boat Owners, Operators, and Renters via its online platform accessible at sailo.com (collectively referred to as the "Site") with any other products or services made available by Sailo, all of which are collectively referred to as the "Service". The Service includes our website, web widgets, feeds, mobile device software applications (the "Sailo Software"), applications for third-party websites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Sailo. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and to the collection and use of your information as set forth in the Sailo Privacy Policy, whether or not you are a registered user of our Service. These Terms govern your access to and use of the Service and all Collective Content and constitute a binding legal agreement between you and Sailo. Please read these Terms and our Privacy Policy carefully.

We reserve the right to amend these Terms at any time. For material changes, Sailo will provide a prominent notice on the Service. For non-material changes, Sailo will update the "Last Revised" date and the changes will be effective immediately upon posting. If you do not agree to any amended Terms, you may terminate your account prior to the effective date of the changes. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. These Terms apply to all visitors, users, members and others who access the Service (collectively, "Users").

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT SAILO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS, BOAT OWNERS, OPERATORS, OR THIRD-PARTY SERVICE PROVIDERS AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO MARINAS, MECHANICS, TECHNICIANS, YACHT MANAGEMENT SERVICES, OR OTHER SERVICE PROVIDERS ON SAILO (COLLECTIVELY, "AFFILIATES"), NOR IS SAILO A TRANSPORTATION SERVICE, INSURER, OR GENERAL AGENT. SAILO ACTS SOLELY AS A LIMITED PAYMENT AGENT FOR OWNERS AND OPERATORS, AND IN CERTAIN TRANSACTIONS FOR CAPTAIN FEES AND EXTRA SERVICES FEES, AS MORE FULLY DESCRIBED IN THE PAYMENT AGENT SECTION OF THESE TERMS. SAILO HAS NO CONTROL OVER THE CONDUCT OF RENTERS, BOAT OWNERS, OPERATORS, CAPTAINS, AFFILIATES, OR OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. KEY TERMS

"Owner" means a Member who creates a Listing via the Service, either as the direct owner of the Boat or as an Operator acting on behalf of the Boat owner. Where the context requires a distinction between the two, the terms "Boat Owner" and "Operator" are used respectively. References to "Owner" throughout these Terms apply equally to Operators unless otherwise specified.

"Operator" means a Member who manages one or more Listings on behalf of one or more Boat owners, including but not limited to owner representative, charter managers and charter representatives. An Operator represents and warrants that they have the full legal authority of each respective Boat owner to list, rent, and otherwise manage each applicable Boat through the Service. Sailo does not verify, confirm, or take any responsibility for the existence or scope of any such authority with respect to any Boat owner. 

"Extra Services" means any additional services or products offered by an Owner or Operator alongside a Listing, including but not limited to airport or hotel transfers, food and beverages, jet-skis, water toys, fishing equipment, snorkeling gear, event decoration, and any other add-on services or products, whether offered for a fee or at no charge.

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials.

"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Service.

"Sailo Content" means all Content that Sailo makes available through the Site, Application, or Service, including any Content licensed from a third party, excluding Member Content.

"Collective Content" means Member Content and Sailo Content.

"Listing" means a Boat that is listed by a Boat Owner or Operator as available for rental via the Service.

"Member" means a person who completes Sailo's account registration process, including Boat Owners, Operators, and Renters.

"Boats" means marine vessels.

"Renter" means a Member who requests a booking of a Boat via the Service.

"Captain" means an independent third-party professional hired directly by a Renter, Owner, or Operator to operate a Boat. Captains are not Members, employees, agents, or affiliates of Sailo. Sailo bears no responsibility for a Captain's licensing, qualifications, conduct, or actions.

"Tax" or "Taxes" mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

2. MODIFICATION

SAILO RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY THE SERVICE OR TO MODIFY THESE TERMS, INCLUDING THE SERVICE FEES, AT ANY TIME. FOR MATERIAL CHANGES, SAILO WILL PROVIDE A PROMINENT NOTICE ON THE SERVICE. FOR NON-MATERIAL CHANGES, SAILO WILL UPDATE THE "LAST REVISED" DATE AND THE CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. BY CONTINUING TO ACCESS OR USE THE SERVICE AFTER THE EFFECTIVE DATE OF ANY MODIFICATION, MEMBERS ARE INDICATING THAT THEY AGREE TO BE BOUND BY THE MODIFIED TERMS. IF THE MODIFIED TERMS ARE NOT ACCEPTABLE, YOUR ONLY RECOURSE IS TO CEASE USING THE SERVICE AND CANCEL YOUR MEMBER ACCOUNT.

3. OTHER POLICIES

You agree that you will comply with all written Sailo rules, policies and procedures that are made available by Sailo on the Service and that are incorporated herein by reference. These include, without limitation: Terms, Privacy Policy, Owner Policy, Renter Policy, Fees Policy, Cancellation Policy and Eligibility Policy, or any other policies posted on the Service from time to time.

4. ELIGIBILITY

This Service is intended solely for persons who are eighteen (18) years or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The minimum age to rent or operate a boat is eighteen (18) years old. By accessing or using the Service you represent and warrant that you are 18 or older. The Service is not available to any Users previously removed from the Service by Sailo, unless Sailo has given you written notice of reinstatement. All Users must pass our Eligibility Requirements and must provide all necessary documentation for determining eligibility throughout the use of the Service as may be determined by Sailo at its sole discretion. You acknowledge and agree that Sailo may change its Eligibility Requirements at any time and for any reason.

5. THE SERVICE

The Service can be used to facilitate the listing and booking of Boats. Such Boats are included in Listings on the Service by Owners or Operators acting on behalf of Boat owners. You may view Listings as an unregistered visitor to the Service; however, if you wish to book a Boat or create a Listing, you must first register to create a Sailo Account. Sailo makes available a platform and marketplace with related technology for Renters, Boat Owners, and Operators to meet online and arrange for boat rental bookings. Sailo is not an owner or operator of Boats, including but not limited to sailboats, ski-boats, yachts, houseboats, kayaks, or other boats, nor is it a provider of boats, and Sailo does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Boats or transportation or travel services.

Sailo's responsibilities are limited to: (i) facilitating the availability of the Service; (ii) serving as the limited payment agent of each Owner or Operator for the purpose of accepting payments from Renters on behalf of the Owner or Operator; (iii) where a Listing explicitly includes a captain fee to be collected through the platform, acting as a limited payment agent solely for the collection and remittance of that specific fee; and (iv) where a Listing explicitly includes fees for Extra Services to be collected through the platform, acting as a limited payment agent solely for the collection and remittance of those specific fees. In no case does Sailo's role as payment agent extend beyond the collection and remittance of funds, and Sailo assumes no liability for any act or omission of any Owner, Operator, Captain, or Extra Services provider.

PLEASE NOTE THAT THE SERVICE IS INTENDED TO BE USED TO FACILITATE BOAT RENTAL BOOKINGS. SAILO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOATS OR EXTRA SERVICES. SAILO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, BOATS, AND EXTRA SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER'S AND OWNER'S OR OPERATOR'S OWN RISK, WHETHER OR NOT AFFILIATES ARE INVOLVED.

6. ACCOUNT REGISTRATION

In order to access certain features of the Service, and to book a Boat or create a Listing, you must register to create an account ("Member Account") and become a Member. You may register to join the Service directly via the Service or as described in this section. You can also register to join by logging into your account with certain third party social networking sites including, but not limited to, Facebook. As part of the functionality of the Service, you may link your Member Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Sailo through the Service; or (ii) allowing Sailo to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE TPA SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH TPA SERVICE PROVIDERS. SAILO MAKES NO EFFORT TO REVIEW ANY TPA CONTENT FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO, FOR ACCURACY, LEGALITY OR NON-INFRINGEMENT AND SAILO IS NOT RESPONSIBLE FOR ANY TPA CONTENT.

You may not have more than one (1) active Member Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Sailo reserves the right to suspend or terminate your Member Account and your access to the Service if you create more than one (1) Member Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Member Account, whether or not you have authorized such activities or actions. You will immediately notify Sailo of any unauthorized use of your Member Account.

7. SAILO MEMBER ACCOUNTS

In order to rent a Boat from another User or list a Boat for rent on Sailo, whether as a Boat Owner or as an Operator, you will need to apply for a Member Account. By applying for a Member Account, you give us permission to disclose the information you provide on your application to third parties for verification purposes, and to obtain additional information about you. Sailo may accept or reject Member Account applications in our sole discretion for any reason. Your Member Account is for your personal use only. You may not create a Member Account on behalf of a business or entity unless appropriately authorized. You may not use another Member's account, permit anyone else to use your Member Account, or assign or otherwise transfer your Member Account to any other person or entity without written approval from Sailo.

When applying for and creating your account, you must provide accurate and complete information, and keep such information updated and accurate throughout the duration of these Terms. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sailo immediately of any breach of security or unauthorized use of your account. Sailo will not be liable for any losses caused by any unauthorized use of your account.

By providing Sailo your email address, you consent to our using the email address to send you Service-related emails, including any notices required by law, in lieu of communication by postal mail. By providing Sailo your cell phone number, you consent to our using the phone number to send you Service-related SMS messages. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Settings page.

8. BOAT LISTINGS

As a Member, you may create Listings either as a Boat Owner or as an Operator acting on behalf of a Boat owner. To this end, you will be asked a variety of questions about the Boat to be listed, including but not limited to the value, location, size, features, availability of the Boat, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Service. Other Members will be able to book your Boat via the Service based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Boat, the price for such booking may not be altered without contacting customer service.

If you are creating a Listing as an Operator, you represent and warrant that: (i) you have the full legal authority of the Boat owner to list, rent, and manage the applicable Boat through the Service; (ii) you have all necessary agreements in place with the Boat owner authorizing such activity; and (iii) you will indemnify and hold harmless Sailo from any claim brought by a Boat owner arising from your unauthorized or improper use of the Service in connection with their Boat. Sailo does not verify, confirm, or take any responsibility for the relationship between a Boat owner and any Operator, and Sailo bears no liability in connection with any dispute between a Boat owner and an Operator.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Boat included in a Listing you post, including but not limited to insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Boats and (b) not conflict with the rights of third parties. Please note that Sailo assumes no responsibility for an Owner's or Operator's compliance with any applicable laws, rules and regulations.

Each Owner and Operator represents and warrants that each Boat made available through the Service is, at the commencement of each rental, seaworthy, properly maintained, in safe operating condition, appropriately equipped for its intended use, and in compliance with all applicable safety, registration, inspection, equipment, licensing, and other legal requirements. 

The Owner or Operator is solely responsible for determining whether weather, sea conditions, mechanical condition, passenger capacity, Captain qualifications, and other circumstances permit the Boat to be operated safely and lawfully. 

Sailo reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Sailo, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.

You understand and agree that Sailo does not act as an insurer or as a contracting agent for you as an Owner or Operator. If a Renter requests a booking of your Boat, any agreement you enter into with such Renter is between you and the Renter and Sailo is not a party thereto. Sailo serves as the limited authorized payment agent of the Owner or Operator for the purpose of accepting payments from Renters and is responsible for transmitting such payments to the Owner or Operator. Where a Listing includes a Captain Fee, the Owner or Operator authorizes Sailo solely to collect and process the Captain Fee specified by the Owner or Operator. Sailo does not determine the amount of the Captain Fee, select or engage the Captain, or become a party to any agreement for Captain services by collecting or processing such fee. 

Owners and Operators may specify a security deposit amount in their Listing. Any such security deposit is listed for informational purposes only and is to be collected directly by the Owner or Operator from the Renter at the time of the rental. Sailo is not involved in the collection, holding, administration, or disbursement of security deposits in any way, and disclaims all liability related to any security deposit, including but not limited to disputes between Owners, Operators, and Renters regarding the collection, application, or return of any security deposit amount. Owners and Operators are solely responsible for determining, collecting, and returning security deposits in compliance with all applicable laws.

9. CAPTAINS

Some Listings may include the option or requirement to hire a captain to operate the vessel. Any such captain is an independent third party contracted directly by the Renter, Owner, or Operator. Sailo does not require, vet, endorse, screen, or take any responsibility for captains. Where a Listing includes a captain fee that is collected through the platform, Sailo acts solely as a limited payment agent for that specific transaction and assumes no liability beyond the collection and remittance of that payment. Captains are not Members, employees, agents, or affiliates of Sailo, and Sailo makes no representation as to any captain's licensing, qualifications, competence, or fitness for any purpose. Any arrangements involving a captain are made directly between the Owner, Operator, or Renter and the captain, entirely independent of Sailo.

SAILO DOES NOT PARTICIPATE IN, CONTROL, OR MAKE ANY DECISION REGARDING THE SELECTION OR ENGAGEMENT OF A CAPTAIN. THE RENTER AND/OR BOAT OWNER OR OPERATOR, AS APPLICABLE, IS SOLELY RESPONSIBLE FOR SELECTING THE CAPTAIN AND DETERMINING THE CAPTAIN'S QUALIFICATIONS, LICENSING, EXPERIENCE, INSURANCE, AND SUITABILITY FOR THE CHARTER.

ANY CAPTAIN FEE IS SET BY THE BOAT OWNER OR OPERATOR, NOT BY SAILO. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAILO DISCLAIMS ALL LIABILITY ARISING FROM ANY CAPTAIN'S ACTS, OMISSIONS, NEGLIGENCE, MISCONDUCT, OR FAILURE TO PERFORM, REGARDLESS OF WHETHER A CAPTAIN FEE IS COLLECTED OR PROCESSED THROUGH THE PLATFORM. THE COLLECTION OR PROCESSING OF SUCH FEE DOES NOT CONSTITUTE SAILO'S SELECTION, HIRING, ENGAGEMENT, SUPERVISION, OR CONTROL OF THE CAPTAIN.

10. EXTRA SERVICES AND ADD-ONS

Owners and Operators may offer Extra Services alongside their Listings, including but not limited to airport or hotel transfers, food and beverages, jet-skis, water toys, fishing equipment, snorkeling gear, event decoration, and any other add-on services or products, whether offered for a fee or at no charge. The availability of Extra Services does not imply any endorsement, verification, or approval by Sailo of such services or their providers.

a. Sailo's Role. Sailo is not the provider of any Extra Services. Where a fee for an Extra Service is collected through the platform, Sailo acts solely as a limited payment agent for that specific transaction and assumes no liability beyond the collection and remittance of the applicable payment. Sailo does not vet, endorse, inspect, or take any responsibility for the quality, safety, accuracy, legality, or delivery of any Extra Service offered by an Owner or Operator.

b. Owner and Operator Responsibility. Owners and Operators are solely responsible for ensuring that any Extra Services they offer comply with all applicable laws, regulations, and safety requirements. Owners and Operators represent and warrant that they have all necessary licenses, permits, and authorizations required to offer and deliver any Extra Services included in their Listings.

c. Renter Acknowledgment. By requesting or accepting any Extra Service in connection with a booking, Renters acknowledge that such services are provided solely by the Owner or Operator and that any dispute regarding Extra Services is solely between the Renter and the Owner or Operator. Sailo is not a party to any agreement relating to Extra Services and disclaims all liability in connection therewith.

d. Disclaimer. SAILO CANNOT AND DOES NOT CONTROL THE QUALITY, SAFETY, LEGALITY, OR DELIVERY OF ANY EXTRA SERVICES OFFERED BY OWNERS OR OPERATORS THROUGH THE SERVICE. SAILO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY EXTRA SERVICES, WHETHER OR NOT FEES FOR SUCH SERVICES ARE COLLECTED THROUGH THE PLATFORM. ANY EXTRA SERVICES REQUESTED OR ACCEPTED BY A RENTER WILL BE ENTIRELY AT THE RENTER'S OWN RISK.

11. NO ENDORSEMENT

Sailo does not endorse any Members, Boats, or Extra Services. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity, authority, or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided by Sailo policies, we will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Sailo with respect to such actions or omissions. This limitation shall not apply to any claim by an Owner or Operator against Sailo regarding the remittance of payments received from a Renter by Sailo on behalf of an Owner or Operator, which instead shall be subject to the limitations described in the Limitation of Liability section below.

12. BOOKINGS AND FINANCIAL TERMS

If you are an Owner or Operator and a booking is requested for your Boat via the Service, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Sailo in its sole discretion) or the booking request will be automatically expired and the Renter's credit card will not be charged. Any pre-authorization placed on the Renter's credit card in connection with that booking request will be released immediately upon request expiration. When a booking is requested, Sailo will share with you a link to the Renter's Sailo Account profile page so that you can view relevant information before confirming or rejecting the booking. When a booking is confirmed via the Service, Sailo will share with you the first and last name and contact information of the Renter. Any arrangements involving a captain are made directly between the Owner, Operator, or Renter and the captain, independent of Sailo.

Certain Listings may permit Instant Booking. Where an Owner or Operator enables Instant Booking, an eligible booking may become confirmed immediately upon completion of the booking process without further approval by the Owner or Operator. By enabling Instant Booking, the Owner or Operator authorizes Sailo to confirm qualifying bookings based on the availability, pricing, durations, booking rules, and other information maintained by the Owner or Operator in the Listing. Owners and Operators using Instant Booking are solely responsible for maintaining accurate and current availability, pricing, booking durations, calendar synchronization, and other Listing information. A failure to maintain accurate availability or pricing does not relieve an Owner or Operator of obligations arising from a confirmed Instant Booking, subject to the applicable Cancellation Policy. 

As per the Fee and Commission Policy, the fees displayed in each Listing are collectively called "Service Fees" and are comprised of the Owner or Operator Fees and the Renter Service Fees. Where applicable, Taxes may be charged in addition to the Owner or Operator Service Fees and Renter Service Fees. The Owner or Operator Fees, the Renter Service Fees and applicable Taxes are collectively referred to in these Terms as the "Service Fees". The amounts due and payable by a Renter solely relating to a Boat that are actually collected by Sailo are the "Owner or Operator Fees". Please note that the Owner or Operator and not Sailo is the party responsible for determining such fees. The Owner or Operator Fees include the boat fee and may include cleaning fees, refueling charges, Extra Services fees, or additional costs, at the Owner's or Operator's discretion.

Sailo charges a service fee to Renters based upon a percentage of applicable Total Fees. The Service Fees are added to the actual Boat Fees to calculate the Total Service Fees (which will also include applicable Taxes) displayed in the applicable Listing.

Sailo will collect the total payment, or the applicable instalment amount where a Listing permits payment in instalments, at the time of booking confirmation by the Owner or Operator. Sailo will subsequently initiate payment to the Owner or Operator, less Sailo's Service Fees as defined in the Fee and Commission Policy, within a commercially reasonable time following confirmation that the rental has been completed, as further detailed in the Fee and Commission Policy.

13. APPOINTMENT OF SAILO AS PAYMENT AGENT

Each Owner and Operator hereby appoints Sailo as their limited payment agent solely for the purpose of collecting payments made by Renters on behalf of the Owner or Operator. Where a Listing includes a Captain Fee, the Owner or Operator authorizes Sailo solely to collect and process the Captain Fee specified by the Owner or Operator. Sailo does not determine the amount of the Captain Fee, select or engage the Captain, or become a party to any agreement for Captain services by collecting or processing such fee. Where a Listing explicitly includes fees for Extra Services to be collected through the platform, the Owner or Operator offering such Extra Services additionally appoints Sailo as a limited payment agent solely for the collection and remittance of those specific fees. In no case does Sailo's role as payment agent extend beyond the collection and remittance of funds, and Sailo assumes no liability for any act or omission of any Owner, Operator, Captain, or Extra Services provider.

Each Owner and Operator agrees that payment of Boat fees made by a Renter to Sailo shall be considered the same as a payment made directly to the Owner or Operator, and the Owner or Operator will make the Boat available to the Renter in the agreed time and manner as if the Owner or Operator had received the Boat fees directly. Each Owner and Operator agrees that Sailo may, in accordance with the cancellation policy reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the fees specified in the applicable Cancellation Policy.

Registered Sailo Affiliates appoint Sailo as the Affiliate's limited agent solely for the purpose of collecting payments made by Owners or Operators on behalf of the Affiliate for products and services provided by the Affiliate. Each Affiliate agrees that payment of fees made by an Owner or Operator to Sailo shall be considered the same as a payment made directly to the Affiliate.

Please note that Sailo does not currently charge fees for the creation of Listings. However, Sailo reserves the right, in its sole discretion, to charge fees for the creation of Listings or for other features of the Service, with prior notice provided via the Service.

14. BOOKING AND FINANCIAL TERMS FOR RENTERS

The Owners and Operators, not Sailo, are solely responsible for honoring any confirmed bookings and making available any Boats reserved through the Service. If you, as a Renter, choose to enter into a transaction with an Owner or Operator for the booking of a Boat, you agree and understand that you will be required to enter into an agreement with the Owner or Operator and you agree to accept any terms, conditions, rules and restrictions associated with such Boat imposed by the Owner or Operator. You acknowledge and agree that you will be responsible for performing the obligations of any such agreements, and that Sailo is not a party to such agreements, and that, with the exception of its obligations hereunder to pay fees to the applicable Owner or Operator, Sailo disclaims all liability arising from or related to any such agreements.

You acknowledge and agree that, notwithstanding the fact that Sailo is not a party to the agreement between you and the Owner or Operator, Sailo acts as the Owner's or Operator's payment agent for the limited purpose of accepting payments from you on behalf of the Owner or Operator.

You agree to pay Sailo the total booking fee, or the applicable instalment amount where a Listing permits payment in instalments, for any booking requested in connection with your Member Account if such requested booking is confirmed by the applicable Owner or Operator. In order to establish a booking pending the applicable Owner's or Operator's confirmation, you understand and agree that Sailo, on behalf of the Owner or Operator, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card or other payment method for the fees or (ii) charge your credit card or other payment method for the applicable amount. If the Owner or Operator does not confirm the booking within the applicable timeframe, the booking request will be automatically cancelled, your credit card will not be charged, and any pre-authorization will be released immediately.

Once Sailo receives confirmation of your booking from the applicable Owner or Operator, Sailo will collect the fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Sailo cannot control any fees that may be charged to a Renter by his or her bank related to Sailo's collection of fees, and Sailo disclaims all liability in this regard. You also authorize Sailo to charge your credit card in the event of damage caused on a Boat or for other fees outlined in the Fee and Commission Policy. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

15. RENTER RESPONSIBILITY FOR GUESTS

The Renter must comply with applicable navigation and boating laws, Owner instructions, passenger/capacity restrictions, geographic/navigation limits and safety requirements; must not operate under the influence of alcohol or drugs; must not permit an unauthorized or unqualified person to operate the Boat; and must immediately cease operation when continued operation would be unsafe or unlawful. 

a. No Relationship with Guests. Sailo has no contractual relationship with, and bears no responsibility for, any guests brought aboard a Boat by a Renter. Guests are not Members of the Service and are not parties to any agreement with Sailo.

b. Renter Sole Responsibility. The Renter is solely responsible for: (i) ensuring that all guests comply with all applicable laws, coast guard regulations, safety requirements, and the rules and restrictions imposed by the Owner or Operator in connection with the applicable Listing; (ii) obtaining any agreements, waivers, or consents required by the Owner or Operator in connection with guests; (iii) ensuring that the total number of guests does not exceed the maximum capacity specified in the applicable Listing; and (iv) the conduct, safety, and well-being of all guests at all times during the rental period.

c. Assumption of Responsibility. By bringing guests aboard a Boat booked through the Service, the Renter assumes full responsibility for those guests as if their conduct and actions were the Renter's own. Any act or omission of a guest that gives rise to a claim, liability, damage, loss, or expense shall be treated for all purposes under these Terms as the act or omission of the Renter.

d. Indemnification. Guest-related claims are expressly within the scope of the Renter's indemnification obligations under the Indemnification section of these Terms. The Renter agrees to defend, indemnify, and hold harmless Sailo from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to the acts, omissions, conduct, or presence of any guest brought aboard a Boat by the Renter.

e. Disclaimer. SAILO DISCLAIMS ALL LIABILITY FOR ANY ACT, OMISSION, INJURY, DEATH, LOSS, OR DAMAGE INVOLVING OR CAUSED BY ANY GUEST OF A RENTER IN CONNECTION WITH ANY BOOKING MADE THROUGH THE SERVICE. THE RENTER'S OBLIGATION TO SAILO AND TO THE OWNER OR OPERATOR IN RESPECT OF GUESTS IS ABSOLUTE AND IS NOT DIMINISHED BY ANY FAILURE OF A GUEST TO COMPLY WITH ANY INSTRUCTION, RULE, OR REQUIREMENT.

16. SERVICE FEES AND RULES

In consideration for providing the Service, Sailo collects Service Fees from Owners, Operators, and Renters. Service Fees are made up of two components: (i) Renter Service Fees and (ii) an Owner or Operator Service Fee charged based upon a percentage of the amount of the Boat Fees. Where applicable, Taxes may also be charged in addition to the Owner or Operator Service Fees. Owner or Operator Service Fees are deducted from the Total Service Fees before remitting the Boat Fees to the Owner or Operator. Renter Fees are also included in the Total Fees. Balances will be remitted by Sailo to Owners and Operators through direct deposit or other payment methods described on the Service, in US dollars. More information on Service Fees can be found in the Fee and Commission Policy. Except as otherwise provided herein, Service Fees are non-refundable.

17. FEES, BILLING AND PAYMENTS

As per the Fee and Commission Policy, you agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service. Sailo reserves the right to add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Fee and Commission Policy.

If you are an Owner or Operator, you may set the rental fee for your Boat as permitted by the Service. Sailo will process the Renter's payment on your behalf, retain a commission as set forth in the Fee and Commission Policy, and remit the applicable funds to you as provided in these Terms. Sailo will remit payments due to you within a commercially reasonable time following the completion of the applicable rental, as further detailed in the Fee and Commission Policy.

If a payment associated with a booking is reversed, charged back, disputed, refunded, or otherwise not successfully collected, Sailo may withhold, offset, or recover from the applicable Owner or Operator amounts previously or otherwise payable in connection with that transaction, to the extent permitted by applicable law and the applicable Sailo policies. Owners and Operators agree to reasonably cooperate with Sailo in responding to payment disputes and to timely provide requested documentation relating to the booking.  

Sailo reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or any amounts due as a result of a breach of these Terms by you, pending Sailo's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. Any bank fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Sailo in writing within thirty (30) days of any such payment; failure to so notify Sailo shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Sailo.

18. CANCELLATIONS AND REFUNDS

If, as a Renter, you cancel your requested booking before it is confirmed by the Owner or Operator, Sailo will cancel any pre-authorization on your credit card and/or refund any amounts charged to your credit card in connection with the requested booking immediately. If, as a Renter, you wish to cancel a confirmed booking made via the Service, either prior to or after arriving at the Boat, the Cancellation Policy contained in the applicable Listing will apply to such cancellation. Our ability to refund the Boat fees and other amounts charged to you, along with details regarding refunds and cancellations, are available via the Service in the Cancellation Policy.

If an Owner or Operator cancels a confirmed booking made via the Service, any refund due to the Renter will be determined in accordance with the Cancellation Policy contained in the applicable Listing. Sailo will process any such refund, if applicable, within a commercially reasonable time following the cancellation. The Renter may also receive an email or other communication from Sailo containing alternative Listings. Captain cancellations or withdrawal of services are solely a matter between the captain and the Renter, Owner, or Operator, and Sailo bears no responsibility or obligation in connection with any such cancellation.

19. TAXES

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Sailo cannot and does not offer tax-related advice to any Members of the Site, Application and Service. Additionally, please note that each Owner and Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

20. USER CONDUCT

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Service and Content. In connection with your use of our Services, you may not and you agree that you will not:

violate any local, state, provincial, national, maritime or other law or regulation, or any order of a court, including without limitation zoning restrictions, admiralty law and Tax regulations;

use manual or automated software, devices, scripts, robots, or other means or processes to access, scrape, crawl or spider any web pages or other services contained in the Service or Content;

use the Service for any commercial or other purposes that are not expressly permitted by these Terms;

copy, store or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms;

infringe the rights of any person or entity, including without limitation their intellectual property, privacy, publicity or contractual rights;

interfere with or damage our Service, including without limitation through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

use our Service in connection with the distribution of unsolicited commercial email or advertisements unrelated to boat rentals;

stalk or harass any other user of our Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Sailo Renter, Owner, or Operator;

offer, as an Owner or Operator, any Boats that you do not yourself own or have legal authority to list;

offer, as an Owner or Operator, any Boat that may not be rented pursuant to the terms and conditions of an agreement with a third party;

register for more than one Sailo Account or register for a Sailo Account on behalf of an individual other than yourself;

contact an Owner or Operator for any purpose other than asking a question related to a booking of such Owner's or Operator's Boats or Listings;

contact a Renter for any purpose other than asking a question related to a booking or such Renter's use of the Site, Application and Services;

when acting as a Renter or otherwise, recruit or otherwise solicit any Owner, Operator, or other Member to join third party services or websites that are competitive to Sailo, without Sailo's prior written approval;

impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

use the Service to find an Owner, Operator, or Renter and then complete a booking of a Boat transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Sailo's provision of the Service;

submit, as an Owner or Operator, any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;

post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

systematically retrieve data or other content from our Service to create or compile, directly or indirectly, a collection, compilation, database, or directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

use, display, mirror or frame the Service, or any individual element within the Services, Sailo's name, any Sailo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sailo's express written consent;

access, tamper with, or use non-public areas of the Service, Sailo's computer systems, or the technical delivery systems of Sailo's providers;

attempt to probe, scan, or test the vulnerability of any Sailo system or network or breach any security or authentication measures;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Sailo or any of Sailo's providers or any other third party to protect the Services or Collective Content;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content; or

advocate, encourage, or assist any third party in doing any of the foregoing.

Sailo will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Sailo may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Sailo reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Sailo, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.

21. PRIVACY

We care about the privacy of our Users. Our Privacy Policy outlines how we use and safeguard your information. You understand that by using the Service, you are consenting to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States. Sailo's collection, use, disclosure, retention, and processing of personal information is governed by the Sailo Privacy Policy and applicable law. By using the Service, you acknowledge that you have received and reviewed the Privacy Policy. 

22. SECURITY AND ANTI-FRAUD MEASURES

To ensure the protection and integrity of our platform, we may log the IP addresses of all users during login and interactions with our services. This includes logging IP addresses when you sign up, validating your email address, or requesting phone number verification. Collecting IP addresses is necessary to monitor and prevent fraudulent activities, unauthorized access, spam, and other security threats. By using our platform, you agree to our collection and use of your IP address for these purposes. We reserve the right to employ security measures, including logging IP addresses, to safeguard the platform and users.

23. USER CONTENT

Subject to your compliance with these Terms, Sailo grants you a limited, non-exclusive, non-transferable license to (i) access and view any Sailo Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sub-license the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Collective Content, except as expressly permitted in these Terms.

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Service, you hereby grant to Sailo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub-license, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise exploit such Member Content on, through, or by means of the Service. Sailo does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Sailo the rights in such Member Content as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Sailo's use of the Member Content on, through or by means of the Service will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Sailo takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. Sailo is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Sailo shall not be liable for any damages you allege to incur as a result of such User Content.

PLEASE NOTE THAT THE SERVICE IS INTENDED TO BE USED TO FACILITATE RENTALS. SAILO CANNOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY RENTAL, THE CONDITIONS OF ANY BOATS PROVIDED THROUGH THE SERVICE, OR THE BEHAVIOR OR ACTIONS OF ANY USER. SAILO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS AND USER CONTENT. ACCORDINGLY, ANY RENTALS MADE BY A USER, RENTER, OWNER, OR OPERATOR WILL BE MADE AT THAT PARTY'S OWN RISK.

24. LINKS

The Services may contain links to third-party websites or resources. You acknowledge and agree that Sailo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Sailo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

25. INTELLECTUAL PROPERTY

All trademarks, service marks, logos, trade names and any other proprietary designations of Sailo used herein are trademarks or registered trademarks of Sailo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

26. FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service. You may submit feedback by emailing us at [e-mail]. You acknowledge and agree that all feedback will be the sole and exclusive property of Sailo and you hereby irrevocably assign to Sailo all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.

27. COPYRIGHT DISPUTE POLICY

Sailo respects copyright law and expects its users to do the same. It is Sailo's policy to terminate in appropriate circumstances the Sailo Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

28. TERMINATION AND ACCOUNT CANCELLATION

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Service, and (b) deactivate or cancel your Sailo Account. Notwithstanding anything to the contrary in these Terms, where applicable law requires Sailo to provide a Member with advance notice, a statement of reasons, an opportunity to contest a decision, or other procedural rights in connection with modification, restriction, suspension, or termination of the Service, Sailo will comply with such requirements. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Sailo terminates these Terms, or your access to our Service or deactivates or cancels your Sailo Account, you will remain liable for all amounts due hereunder. You may cancel your Sailo Account at any time by sending an email to [e-mail]. Please note that if your Sailo Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Service, including but not limited to any reviews or feedback.

29. DISCLAIMERS

IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SAILO DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO RENTERS, OWNERS, AND OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SAILO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SAILO MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY OWNERS, OPERATORS, AND RENTERS. SAILO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICE, THE AUTHORITY OF ANY OPERATOR TO LIST OR MANAGE ANY BOAT, OR TO REVIEW OR INSPECT ANY BOATS OR EXTRA SERVICES. SAILO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICE.

NOTWITHSTANDING SAILO'S APPOINTMENT AS THE LIMITED PAYMENT AGENT OF OWNERS AND OPERATORS, AND ITS LIMITED PAYMENT AGENT ROLE FOR CAPTAIN FEES AND EXTRA SERVICES FEES WHERE EXPLICITLY INCLUDED IN A LISTING, SAILO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OWNER, OPERATOR, RENTER, CAPTAIN, EXTRA SERVICES PROVIDER, OR OTHER THIRD PARTY. CAPTAINS AND EXTRA SERVICES PROVIDERS ARE INDEPENDENT THIRD PARTIES AND SAILO MAKES NO REPRESENTATION AS TO THEIR LICENSING, QUALIFICATIONS, COMPETENCE, OR FITNESS FOR ANY PURPOSE.

30. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY BOATS VIA THE SERVICE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SAILO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY BOAT OR EXTRA SERVICES VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SAILO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

EXCEPT FOR SAILO'S OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS AND OPERATORS PURSUANT TO THESE TERMS, IN NO EVENT WILL SAILO'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICE AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER OR OPERATOR, THE AMOUNTS PAID BY SAILO TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAILO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

31. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Sailo, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) any claim that your Member Content caused damage to a third party; (v) your use or operation of any Boat booked through the Service; (vi) any dispute between you and another Member, Owner, Operator, Renter, Captain, or guest; (vii) any Extra Services offered, requested, or delivered in connection with your Listing or booking; or (viii) your violation of any applicable law, rule, or regulation; (ix) any Captain selected, engaged, retained, or permitted by you in connection with a Listing or booking, including any claim arising from such Captain's acts, omissions, negligence, qualifications, licensing, operation of the Boat, or provision of Captain services. This indemnification obligation will survive the termination of these Terms and your use of the Service.

32. INSURANCE

a. No Insurance Provided. Sailo does not provide any insurance coverage of any kind to Owners, Operators, Renters, Captains, or any other party in connection with any Listing, booking, or use of any Boat. Sailo is not an insurance provider and nothing in these Terms shall be construed as creating any insurance obligation on the part of Sailo.

b. Owner and Operator Responsibility. Owners and Operators are solely responsible for obtaining and maintaining adequate insurance coverage for their Boat, including but not limited to liability insurance, hull and machinery insurance, and any coverage required by applicable law, marina agreements, or lending agreements. Owners and Operators represent and warrant that their Boat is insured at all times during any rental period.

c. Renter Responsibility. Renters are solely responsible for determining whether they require additional insurance coverage in connection with any rental and for obtaining such coverage. Renters acknowledge that standard homeowner, renter, or auto insurance policies typically do not cover the operation of marine vessels.

d. No Verification. Sailo does not verify, confirm, or monitor the insurance coverage of any Owner, Operator, Renter, or Captain. The existence of an insurance requirement in a Listing does not constitute verification by Sailo that such insurance exists or is adequate.

e. Disclaimer. SAILO EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY, OR CLAIM ARISING FROM THE ABSENCE, INADEQUACY, OR LAPSE OF ANY INSURANCE COVERAGE IN CONNECTION WITH ANY BOOKING OR USE OF ANY BOAT THROUGH THE SERVICE.

33. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without Sailo's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Sailo may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

34. DISPUTE RESOLUTION AND ARBITRATION

a. Agreement to Arbitrate. Except as provided below, you and Sailo agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Service, will be resolved solely by binding arbitration rather than in court.

b. Arbitration Rules. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules where applicable to a consumer dispute and under its Commercial Arbitration Rules where applicable to a commercial or business dispute, in each case as modified by these Terms. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

c. Exceptions. Either party may bring an individual claim in small claims court. Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

d. Class Action Waiver. YOU AND SAILO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

e. Opt-Out. You may opt out of this arbitration agreement by sending written notice to [e-mail] within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

f. Costs. Sailo will pay all AAA filing, administration, and arbitrator fees for claims that do not exceed $10,000, unless the arbitrator determines the claim is frivolous. For claims exceeding $10,000, the AAA fee schedule will apply.

g. Governing Law for Arbitration. This arbitration agreement is governed by the Federal Arbitration Act.

h. Award Enforcement. In the event that a party fails to comply with any arbitration award, such award may be converted to a judgment in a court of competent jurisdiction.

35. GOVERNING LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. To the extent that any dispute is not subject to arbitration under these Terms, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York County, New York, and waive any objection to the laying of venue of any such proceeding in such courts.

36. FORCE MAJEURE

Sailo shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from any cause beyond Sailo's reasonable control, including but not limited to acts of God, hurricane, flood, earthquake, storm, or other natural disaster; war, invasion, terrorism, or civil unrest; pandemic, epidemic, or public health emergency; government action, regulation, or embargo; fire, explosion, or infrastructure failure; or any interruption or failure of utility, telecommunications, or internet services. In the event of a force majeure, Sailo will use commercially reasonable efforts to resume performance as soon as practicable and will notify affected Members where feasible.

37. INTERNATIONAL USE

The Service is available worldwide, subject to applicable legal restrictions. The Sailo entity providing the Service and acting as payment agent may vary based on the location of the transaction, Boat, Owner or Operator, or applicable payment arrangement. References to "Sailo" in these Terms refer to the applicable Sailo contracting entity identified in connection with the applicable transaction. Notwithstanding the foregoing, the Service is not available to users located in, or acting on behalf of, any country, territory, or person subject to sanctions or export restrictions imposed by the United States government, including but not limited to those maintained by the Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, or the U.S. Department of State. By using the Service, you represent and warrant that you are not located in, under the control of, or acting on behalf of any such restricted country, territory, or person. Sailo reserves the right to restrict or terminate access to the Service from any jurisdiction at any time in order to comply with applicable law.

38. RELATIONSHIP OF THE PARTIES

No joint venture, partnership, employment, franchise, or agency relationship exists between Sailo and any Member, Owner, Operator, Renter, or Captain as a result of these Terms or use of the Service. Owners, Operators, Renters, and Captains are independent parties. Sailo does not verify the authority of any Operator to act on behalf of a Boat owner, and bears no liability in connection with any dispute between a Boat owner and an Operator. Sailo's role is limited to operating the platform and, where applicable, acting as a limited payment agent as described in these Terms. No party has the authority to bind the other or incur any obligation on the other's behalf.

39. ACCESSIBILITY

Sailo is committed to making its Service accessible to all users, including those with disabilities. If you experience difficulty accessing any part of the Service, please contact us at [e-mail] and we will make reasonable efforts to provide the information or functionality you need through alternative means. Sailo regularly reviews its platform for accessibility improvements in accordance with applicable law.

40. CHILDREN'S PRIVACY

The Service is not directed to individuals under the age of 18. Sailo does not knowingly collect personal information from anyone under 18. If we become aware that a person under 18 has provided us with personal information, we will take steps to delete such information promptly. If you believe that a minor has provided personal information to Sailo, please contact us at [e-mail].

41. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Fee and Commission Policy, Cancellation Policy, and any other policies incorporated herein by reference, constitute the entire agreement between you and Sailo with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.

42. GENERAL

The failure of Sailo to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sailo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.