Terms of Service

Welcome to Chartrr. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Chartrr, Inc. (“Chartrr,” “we,” “us,” or “our”) governing your access to and use of our mobile application, website at chartrr.com, and all related services, features, and content (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 20. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

• “Angler” or “Customer” means a User who books or seeks to book charter fishing trips through the Service.
• “Captain” or “Vendor” means a User who lists charter fishing services on the Service and operates as an independent contractor, not an employee or agent of Chartrr.
• “Booking” means a reservation for a charter fishing trip made through the Service.
• “Charter” or “Trip” means the fishing charter service provided by a Captain to an Angler.
• “Content” means text, images, photos, reviews, ratings, messages, fishing reports, and any other materials submitted, posted, or displayed through the Service.
• “Platform Fee” means the service fee charged by Chartrr to Anglers on Bookings facilitated through the Service. Captains are not charged any commission or Platform Fee on bookings.
• “Deposit” means the upfront payment required from an Angler at the time of Booking to secure the reservation.
• “Listing” means the charter fishing trip listing created by a Captain on the Service, including vessel information, trip types, pricing, photos, cancellation policy, and availability.
• “Cancellation Policy” means the refund and cancellation terms set by the Captain for each Listing, which are disclosed at the time of Booking and snapshotted for the duration of that Booking.

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to create an account and use the Service. By using the Service, you represent and warrant that you meet these age requirements and have the legal capacity to enter into these Terms. Minors may participate in charter fishing trips only when accompanied by a parent or legal guardian who has accepted these Terms.

Captains must additionally maintain all licenses, permits, certifications, and insurance required by applicable federal, state, and local laws to operate a charter fishing business, including but not limited to a valid United States Coast Guard (USCG) captain's license.

To access certain features, you must create an account and provide accurate, complete, and current information. You are solely responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activities that occur under your account; and (c) promptly notifying us of any unauthorized use of your account.

You may not: (a) create more than one account; (b) share your account credentials with any third party; (c) transfer your account to another person; or (d) use another person's account without their permission.

You may register using email and password or through a Third-Party Authentication provider (e.g., Apple Sign-In, Google). By registering through a Third-Party Authentication provider, you represent that you are entitled to share your account information with Chartrr and authorize us to access, store, and use the information provided by the Third-Party Authentication provider in accordance with our Privacy Policy.

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms, with or without notice. Chartrr may also access your account to make changes to reservations, listings, or profile information at its sole discretion when required for platform operations, fraud prevention, or compliance purposes.

Chartrr operates as an online marketplace platform that connects Anglers with Captains. We facilitate discovery, booking, communication, and payment processing between Users. From the point at which an Angler makes a Booking, Chartrr acts solely as an intermediary between the Angler and the Captain, transmitting booking details and sending confirmation notifications on behalf of the Captain.

CHARTRR IS NOT A CHARTER FISHING OPERATOR, BOAT OPERATOR, GUIDE SERVICE, TRAVEL AGENCY, OR INSURER. Captains are independent third-party service providers and are not employees, agents, joint venturers, or partners of Chartrr. Chartrr does not own, operate, manage, or control any charter fishing vessel, and is not responsible for the acts or omissions of any Captain or Angler.

When you make a Booking, you enter into a direct agreement with the Captain for the provision of charter fishing services. Chartrr is not a party to this agreement. By confirming a Booking, Anglers accept the Captain's terms and conditions (including their cancellation policy) as well as these Terms. We will do our best to assist you, but will have no liability and expressly disclaim any liability in relation to the performance of the contract between Angler and Captain.

While we require Captains to provide proof of licensing and insurance, we do not independently verify the validity, authenticity, or currency of such documentation and make no representations or warranties regarding any Captain's qualifications, experience, competence, or suitability. Any references to a Captain being “verified” (or similar language) only indicate that the Captain has completed a relevant verification or identification process on our platform and nothing more. Such descriptions are not an endorsement, certification, or guarantee by Chartrr about any Captain, including about the Captain's identity, background, or whether the Captain is trustworthy, safe, or suitable.

By using the Service, Users agree that any legal remedy or liability that they seek to obtain for actions or omissions of other Captains, Anglers, or other third parties will be limited to a claim against the particular Captain, Angler, or third party who caused them harm. Users agree not to attempt to impose liability on or seek any legal remedy from Chartrr with respect to such actions or omissions.

6.1 Booking and Confirmation

A Booking is confirmed when: (a) the Angler submits payment for the required Deposit; and (b) the Captain accepts the Booking (or the booking is automatically accepted if instant booking is enabled). Once confirmed, the Angler is bound by the Captain's terms and cancellation policy as displayed at the time of Booking. Anglers are instructed to review the Captain's listing details thoroughly, including trip details, cancellation policy, and any special requirements, prior to making a Booking.

6.2 Requirement to Review Captain Rules and Restrictions

Separate terms and conditions may apply to an Angler's Booking and participation in a charter trip. Anglers should address all relevant questions with the Captain using the Chartrr in-app messaging feature before booking a trip. Anglers agree to abide by the terms and conditions imposed by any Captain with whom they elect to deal, including payment of all amounts when due and compliance with the Captain's rules and restrictions. Any violation of a Captain's rules may result in cancellation of the Booking, denial of access to the trip, and forfeiture of monies paid.

6.3 Insurance and Safety

It is strongly recommended that Anglers and all members of their party, including minors, are adequately insured for activities involving boating, fishing, and water sports. Some activities may require additional coverage. Chartrr cannot accept responsibility for any costs incurred as a result of inadequate insurance coverage.

By booking a trip, Anglers acknowledge and accept that fishing, as an activity, bears inherent risks such as slipping on a boat, injuries from fishing equipment, seasickness, sun exposure, and other hazards, and Chartrr is not liable for any such occurrences.

BY OFFERING SERVICES TO PARTICULAR DESTINATIONS, CHARTRR DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH LOCATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

6.4 Documentation Responsibilities

Once Anglers receive a booking confirmation, they should check it carefully to ensure all details are correct. Anglers are solely responsible for ensuring they have all necessary documentation for their trip, including but not limited to: valid identification, applicable fishing licenses, and any other documentation required by state or local law at the fishing location. Chartrr does not accept responsibility for any activity or procedure necessary to use the Service, including procuring fishing licenses or other documentation required by law.

Laws and regulations related to fishing and licensing differ by jurisdiction, and it is the sole responsibility of the Angler to inform themselves of applicable requirements.

6.5 Complaints

As the Angler's contract is with the Captain, all complaints regarding the charter trip should be addressed to the Captain directly. However, Chartrr will do its best to assist Anglers with any queries or concerns relating to their arrangements. If Anglers have a problem during a fishing trip booked through Chartrr, they must report it to the Captain immediately. Any complaint after the trip should be directed to the Captain using the contact details provided in the booking confirmation. Anglers may also contact Chartrr at support@chartrr.com for assistance.

7.1 Registration and Listing

Prior to using Chartrr's Services as a Captain, you must register on the platform, complete the onboarding process, and comply with all registration and credential verification requirements. By creating a Listing, Captains acknowledge and agree that they alone are responsible for any and all content posted related to any charter fishing trip. Captains represent and warrant that any trip they list and the booking or participation in such a trip will:

• Be in compliance with all applicable laws, including maritime laws, boating regulations, fishing regulations, tax requirements, and intellectual property laws
• Not conflict with the rights of third parties
• Only include trips that involve fishing as a core activity

By creating a Listing and adding its features, amenities, descriptions, and policies, Captains constitute their offer and terms, which Anglers accept by booking a trip. Chartrr reserves the right to remove any Listing that does not include fishing as a core activity.

7.2 Licensing and Compliance

Captains represent, warrant, and agree that they:

• Hold a valid, current USCG captain's license (Merchant Mariner Credential) appropriate for the type and size of vessel operated
• Maintain all required state fishing and charter licenses and permits
• Comply with all applicable federal, state, and local laws, regulations, and maritime safety standards, including USCG regulations
• Not operate a vessel while under the influence of alcohol or drugs
• Meet all applicable regulatory requirements for their jurisdiction, which may include additional state licenses, federal permits, or other documentation

CHARTRR ASSUMES NO RESPONSIBILITY FOR A CAPTAIN'S COMPLIANCE WITH ANY AGREEMENTS WITH OR DUTIES TO THIRD PARTIES, APPLICABLE LAWS, RULES, AND REGULATIONS.

7.3 Credential Verification

Captains will be required to submit certain credentials for verification, including but not limited to: USCG captain's license, state fishing/charter licenses, insurance certificates, and vessel documentation. The information in these documents is used to verify that Captains have the necessary permits, licenses, and registrations to operate a charter fishing business.

If the credentials provided are insufficient to fully verify a Captain's profile, and the missing information is publicly accessible, Chartrr may use available information on record to locate the necessary details (e.g., checking the official USCG database to confirm credential renewal).

WHILE CHARTRR TAKES STEPS TO VERIFY CAPTAIN CREDENTIALS, WE DO NOT AND CANNOT GUARANTEE THE ACCURACY AND VALIDITY OF PROVIDED CREDENTIALS. CREDENTIALS MUST BE CONFIRMED WITH THE ISSUING AUTHORITY IN ORDER TO BE FULLY VALIDATED.

7.4 Boat Information Accuracy

Captains are solely responsible for selecting the correct boat type on their profile and for keeping all boat-related information accurate and up to date, including vessel specifications, documentation, registration details, capacity, and safety equipment. If there is a discrepancy between the boat information on a Captain's profile and documentation on record, Chartrr reserves the right to temporarily suspend the profile until accurate and complete information is provided.

Captains must ensure all vessels are seaworthy, properly maintained, and equipped with required safety equipment (life jackets, fire extinguishers, flares, first aid kits, etc.). Minimum 2 photos are required per vessel.

By uploading images to the platform, Captains acknowledge and agree that Chartrr may use boat-related photos from the uploaded content to represent the charter on the platform. It is the sole responsibility of the Captain to ensure that photos accurately depict the boat and services being advertised and that they possess the legal rights and permissions to use those images.

7.5 Insurance

Captains must maintain adequate marine liability insurance and, where required by law, protection and indemnity (P&I) coverage. Chartrr does not act as an insurer or as a Captain's contracting agent. If a Captain provides services in a jurisdiction where insurance is mandatory, the Captain is required to provide a copy of the valid insurance policy to Chartrr. Failure to maintain required insurance may result in account suspension.

Chartrr strongly recommends that Captains review their insurance policies carefully, including any exclusions and deductibles, and ensure coverage extends to paying passengers.

7.6 Communication Requirements

Captains are required to use Chartrr's in-app messaging feature to communicate with Anglers to ensure that all trip details are clearly agreed upon by both parties. Chartrr is not responsible for any misunderstandings, disputes, or escalations arising from communications that take place outside of the Chartrr platform. In the event of a dispute, Captains may be required to provide records of any communication with the Angler that occurred outside the platform.

7.7 Payout Method

Captains must set up a payout method through Stripe Connect to receive earnings. By using Chartrr's payment services, Captains agree to provide Chartrr and Stripe with all information and documents required to complete Stripe's verification process and establish a Connected Account. Chartrr is not responsible for delays in payouts caused by incomplete or inaccurate payout information.

7.8 Anti-Circumvention

Captains shall not circumvent the platform to collect payment directly from Anglers for Bookings initiated through the Service. If it is discovered that a Captain is using customer information obtained through Chartrr to book customers directly and avoid Chartrr's Service, this will result in the immediate termination of the Captain's account and forfeiture of any pending payouts.

7.9 Captain Cancellation Penalties

If a Captain cancels a confirmed Booking, the following penalties may apply at Chartrr's sole discretion:

• An automated notice on the Captain's listing indicating a cancellation occurred
• Blocking the Captain's calendar for the dates of the canceled booking
• Reduced search ranking and visibility
• Suspension or removal of the Captain's listing

Penalty-free cancellations may be granted for circumstances outside the Captain's control, such as severe weather, mechanical issues, or extenuating circumstances. These are reviewed on a case-by-case basis by Chartrr administrators. Supporting documentation may be required.

7.10 Accuracy of Availability

Captains are solely responsible for maintaining accurate availability on their calendar and promptly responding to Booking requests. Chartrr is not liable for mistakes, damages, or double-bookings that result from inaccurate calendar information.

8.1 Pricing

All prices are set by Captains and displayed in U.S. Dollars. Prices shown include the Captain's listed rate. A service fee charged to Anglers is disclosed before payment confirmation. Chartrr makes no representations that prices listed by Captains are accurate or competitive; pricing is entirely at the Captain's discretion.

8.2 Deposits and Payment

A Deposit (typically 20% of the total trip price, unless otherwise specified by the Captain) is required at the time of Booking. The remaining balance is due before the trip departure date as specified in the booking details. If full payment is not received in a timely fashion, Chartrr reserves the right to cancel the Booking.

8.3 Platform Fees

Chartrr does not charge Captains any commission or Platform Fee on bookings. Captains keep 100% of their booking revenue. Captains pay only a flat monthly subscription fee for access to premium features (see Section 9).

A service fee is charged to Anglers on each Booking. This fee is disclosed to the Angler before payment confirmation and is separate from the Captain's listed price.

8.4 Payment Processing

Payments are processed by Stripe, Inc. through Stripe Connect. By making a payment, you agree to Stripe's Terms of Service. Chartrr does not store credit card numbers or full payment card details on its servers. All payment data is handled by Stripe, which is PCI DSS Level 1 compliant.

On iOS devices, Captain subscription payments are processed through Apple In-App Purchases and are subject to Apple's Terms and Conditions.

8.5 Captain Payouts

Captain earnings (the full trip price) are paid out through Stripe Connect to the Captain's designated bank account. No commission is deducted from Captain payouts. Payouts are processed after the trip is completed and verified. Captains may choose between standard payouts (typically 2–7 business days) and instant payouts (where available, subject to additional fees). To receive payouts, Captains must maintain accurate and verified payout information.

8.6 Tips

Anglers may have the option to add a tip for the Captain or crew through the platform. Tips are paid in full to the Captain and are not subject to the Platform Fee. In cases of trip cancellation due to bad weather or qualifying extenuating circumstances, tip amounts will be refunded in full to the Angler.

8.7 Currency and Taxes

All transactions on the Service are conducted in U.S. Dollars (USD). You are solely responsible for determining and paying any applicable taxes, including income tax, sales tax, and any other taxes or fees arising from your use of the Service. Captains are solely responsible for reporting and remitting all applicable taxes on their earnings. Chartrr may issue tax reporting forms (e.g., IRS Form 1099-K) as required by applicable law.

Captains may subscribe to paid tiers for additional features and capabilities. Subscriptions are billed in advance on a monthly or annual basis through Apple In-App Purchases (iOS) or Stripe (other platforms). By subscribing, you authorize recurring charges at the then-current rate.

Current subscription tiers include:

• Free ($0/month): 1 boat listing, basic features, 0% commission
• Pro ($49/month or $490/year): Up to 3 boats, featured placement, advanced analytics, priority support, 0% commission
• Fleet ($149/month or $1,490/year): Unlimited boats, fleet management, multi-captain accounts, 0% commission

Auto-Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You may cancel at any time through your account settings or the applicable app store. Cancellation takes effect at the end of the current billing period; no pro-rated refunds are provided for unused portions of the billing period.

Price Changes: We may change subscription prices with at least 30 days' advance notice. Continued use after a price change constitutes acceptance of the new price. Existing subscribers will be notified by email and/or in-app notification.

Refunds: Subscription fees are generally non-refundable except as required by applicable law or app store policies.

10.1 Captain Cancellation Policies

Each Captain sets their own cancellation policy (1–30 days before the trip), which is displayed on the charter listing and confirmed at the time of Booking. The cancellation policy in effect at the time of Booking applies regardless of subsequent changes by the Captain (the policy is “snapshotted” at booking time).

10.2 Angler-Initiated Cancellations

All cancellations must be made through the Chartrr platform (app or website). Cancellations made outside the platform will not be deemed valid. Refund tiers are generally as follows:

• Before the cancellation deadline: Full refund of the Deposit
• After the deadline but more than 24 hours before departure: At Captain's discretion (default: full refund)
• Within 24 hours of departure: No refund

10.3 Captain-Initiated Cancellations

If a Captain cancels a confirmed Booking, the Angler will receive a full refund of their Deposit and any remaining balance paid through the platform. Captains may be subject to cancellation penalties as described in Section 7.9.

10.4 Bad Weather Cancellations

If a trip is canceled due to unsafe weather conditions (within 7 days of the trip date), the Angler will receive a full refund of the Deposit and any amounts paid through the platform. Captains have the ultimate responsibility for the safety of everyone on board and have the right to cancel a trip before or after departure if conditions become unsafe.

10.5 No-Shows and Late Arrivals

If an Angler does not arrive at the agreed meeting location on time (as specified during booking or subsequently amended with the Captain), the no-show is considered an Angler-initiated cancellation and constitutes a violation of the Captain's cancellation policy. No refund will be provided for no-shows unless extenuating circumstances apply.

If an Angler arrives with a significant delay, they are not eligible for a refund. Captains may, at their discretion, still provide the service to late-arriving Anglers.

10.6 Extenuating Circumstances

If an Angler is no longer able to participate in the Booking due to circumstances that are unavoidable, unexpected, and beyond their control, they may qualify for a free cancellation under Chartrr's Extenuating Circumstances Policy. Situations covered include, but are not limited to:

• Serious illness or injury
• Death of the Angler or a close family member
• Government-mandated obligations (jury duty, military orders)
• Natural disaster at the departure location or Angler's residence

Chartrr may require supporting documentation (e.g., medical documentation, official notices) to process claims under this policy. Documentation must be provided within 15 days of the cancellation request, or the standard cancellation rules will apply. Chartrr evaluates eligibility on a case-by-case basis and retains sole discretion in making the final decision.

The Extenuating Circumstances Policy also covers Captains. If a Captain cancels due to qualifying extenuating circumstances, cancellation penalties will not be applied.

10.7 Booking Changes

To request a change to a Booking (date, time, party size), Anglers should use the platform's change request feature. The Captain will be notified and will have 48 hours to respond (or a proportionally shorter time if the trip date is less than 48 hours away). If the Captain does not respond, the change request is not accepted and the original trip details remain in place. Changing a trip may incur additional charges.

10.8 Refund Processing

Refunds will be processed to the original payment method once approved. Depending on the circumstances, the refund may be processed automatically or may require review by the Chartrr team (up to 3 business days). Credit card refunds are typically processed within 5–7 business days. Depending on your bank or financial institution, the refund may take additional time to appear in your account. Refunds are issued in the same currency and amount as the original transaction.

Please note that all cancellation requests must be submitted within 15 days of the trip date. We cannot process cancellation requests submitted more than 15 days after the trip date.

10.9 Cancellation by Chartrr

Chartrr may cancel a trip at its sole discretion at any time. In the event a trip is canceled by Chartrr, the Angler will receive a full refund as if the Captain's cancellation policy was not breached.

10.10 Disputes and Chargebacks

If an Angler initiates a dispute or chargeback with their payment provider, Chartrr will review the claim and may submit evidence through our payment processor to contest it. Unwarranted or abusive disputes may result in account suspension or termination. If a dispute is lost as a result of the Captain agreeing to booking conditions with the Angler outside of the Chartrr platform, Chartrr reserves the right to withhold the Deposit and deny any payout to the Captain.

In the case of a customer-initiated dispute, the transaction cannot be refunded prior to the dispute resolution.

10.11 Unused Services

Neither Chartrr nor its representatives will offer refunds for missed or unused services when the Angler's failure to use the service is not due to Chartrr's fault, including any termination of the Angler's participation due to the Angler's own fault, negligence, or breach of these Terms.

10.12 Fraudulent Transactions

Chartrr takes fraudulent transactions seriously. If a transaction is identified as fraudulent, Chartrr reserves the right to cancel the booking, withhold any refunds, and notify the affected parties. Chartrr may request additional documentation from both the Angler and the Captain to investigate fraudulent transactions. If a dispute or chargeback is determined to be invalid or fraudulent, Chartrr reserves the right to take appropriate action against the responsible party, including account termination.

CHARTER FISHING AND RECREATIONAL BOATING ARE INHERENTLY DANGEROUS ACTIVITIES THAT INVOLVE RISKS OF SERIOUS BODILY INJURY, DISABILITY, DEATH, AND PROPERTY DAMAGE.

By using the Service to book or participate in a charter fishing trip, you acknowledge and voluntarily assume all risks associated with such activities, including but not limited to:

• Risks inherent to boating, including capsizing, collision, equipment failure, and adverse weather conditions
• Risks inherent to fishing, including injuries from hooks, lines, fish, and marine wildlife
• Risks associated with water activities, including drowning, hypothermia, and sun exposure
• Risks associated with the conduct of Captains, crew members, and other passengers
• Risks associated with remote locations and limited access to emergency medical services
• Risks associated with seasickness, allergic reactions, and other medical conditions

You are solely responsible for evaluating the suitability and safety of any charter trip, assessing weather and sea conditions, ensuring you have adequate personal insurance coverage, and following all safety instructions provided by the Captain. Anglers acknowledge that Captains may require them to sign a liability waiver prior to participating in the charter trip.

In the event that an Angler or Captain experiences any cost that may occur prior to, during, or after the trip due to a trip's cancellation, Chartrr will not be responsible regardless of the reason for the cancellation. This includes, without limitation, costs for travel, accommodations, equipment, or other non-refundable expenses.

You retain ownership of Content you submit to the Service. By posting Content, you grant Chartrr a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, display, and create derivative works of such Content in connection with operating and promoting the Service. This license survives termination of your account with respect to Content that has been shared publicly (such as reviews).

You represent and warrant that: (a) you own or have the necessary rights to the Content you post; (b) the Content does not violate the rights of any third party; and (c) the Content is accurate and not misleading.

We reserve the right to remove any Content that violates these Terms or that we deem objectionable, without prior notice. If you cancel your account, any reviews you have posted through the Service will remain publicly viewable.

We may review, scan, analyze, and store all communications (including messages) sent or received using Chartrr's communication tools for fraud prevention, risk assessment, regulatory compliance, investigation, product development, and customer support purposes. For example, as part of our fraud prevention efforts, we may scan messages to detect contact information shared with the intent to circumvent the platform.

We will not review, scan, or store your communications to send third-party marketing messages to you, and we will not sell reviews or analyses of these communications.

We reserve the right to block the delivery of communications that we, at our sole discretion, believe may contain malicious content, spam, or that may pose a risk to Users or the platform.

With respect to other Users' personal information that you obtain through the Service, you are granted a limited license to use such information only for: (a) communications related to your Booking; (b) using services offered through the platform; and (c) facilitating transactions related to the purpose of the Service. Any other purpose requires express permission from the other User and written permission from Chartrr.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Impersonate any person or entity or misrepresent your affiliation, qualifications, or credentials
• Post false, misleading, defamatory, harassing, threatening, or discriminatory Content
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, servers, or networks
• Circumvent, disable, or interfere with security features of the Service
• Scrape, crawl, or use automated means to access the Service without our written consent
• Circumvent the platform to avoid paying fees, to collect payment outside the Service for Bookings initiated through it, or to divert Users away from the platform
• Post spam, unsolicited promotions, or commercial solicitations
• Upload viruses, malware, or other malicious code
• Use the Service to facilitate any illegal fishing activity or violation of fishing regulations
• Discriminate against or harass any User based on race, color, religion, national origin, sex, sexual orientation, gender identity, disability, age, or any other protected characteristic
• Use personal information obtained through the Service for any purpose other than completing a transaction through the platform
• Create listings that do not involve fishing as a core activity
• Engage in price manipulation, fake reviews, or any form of market manipulation

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Chartrr, Inc. and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks, logos, and trade dress may not be used without our prior written consent.

Nothing in these Terms grants you any right, title, or interest in the Service or our intellectual property except for the limited right to use the Service in accordance with these Terms.

The Service may contain links to third-party websites or services that are not owned or controlled by Chartrr. The fact that we link to a website or present content from a third party is not an endorsement, authorization, or representation of our affiliation with that third party. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Chartrr shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.

Chartrr is committed to providing a platform free from discrimination. Captains agree not to decline Bookings or provide differential service based on an Angler's race, color, religion, national origin, sex, sexual orientation, gender identity, disability, age, or any other characteristic protected by applicable law. Violations of this policy may result in account suspension or termination.

Chartrr strives to provide continuous access to the Service but does not guarantee that the Service will be available at all times. We may temporarily suspend access for maintenance, updates, security patches, or other operational needs, with or without prior notice. We shall not be liable for any loss, damage, or inconvenience arising from such interruptions.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHARTRR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING CAPTAIN PROFILES, CREDENTIALS, REVIEWS, AND RATINGS
• ANY WARRANTY REGARDING THE QUALITY, SAFETY, LEGALITY, OR SUITABILITY OF ANY CHARTER FISHING SERVICES BOOKED THROUGH THE SERVICE
• ANY WARRANTY REGARDING THE SEAWORTHINESS, CONDITION, OR SAFETY OF ANY VESSEL LISTED ON THE SERVICE

CHARTRR DOES NOT GUARANTEE THAT ANY CHARTER TRIP WILL RESULT IN FISH BEING CAUGHT, THAT WEATHER CONDITIONS WILL BE FAVORABLE, OR THAT THE EXPERIENCE WILL MEET YOUR EXPECTATIONS. FISHING OUTCOMES ARE INHERENTLY UNPREDICTABLE.

ALTHOUGH EVERY EFFORT HAS BEEN MADE TO ENSURE THAT INFORMATION DISPLAYED ON THE PLATFORM IS COMPLETE AND ACCURATE, CHARTRR ACCEPTS NO LIABILITY FOR ANY INJURY TO PERSONS OR ANY LOSS OR DAMAGE TO PROPERTY CAUSED BY ERRORS OR OMISSIONS IN THE DATA DISPLAYED, WHETHER THEY RESULT FROM NEGLIGENCE, ACCIDENT, OR ANY OTHER CAUSE.

THE DISPLAY OF SEARCH RESULTS, RANKINGS, AND FEATURED PLACEMENTS ON THE SERVICE IS DETERMINED BY ALGORITHMS AND DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY CHARTRR OF ANY PARTICULAR CAPTAIN OR LISTING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHARTRR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
• ANY PERSONAL INJURY, BODILY HARM, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR PARTICIPATION IN ANY CHARTER FISHING TRIP BOOKED THROUGH THE SERVICE
• THE ACTS, OMISSIONS, CONDUCT, OR NEGLIGENCE OF ANY CAPTAIN, ANGLER, CREW MEMBER, OR OTHER THIRD PARTY
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS
• ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
• ANY INCIDENTAL EXPENSES OR CONSEQUENTIAL LOSSES INCURRED AS A RESULT OF A CANCELED BOOKING, INCLUDING BUT NOT LIMITED TO TRAVEL COSTS, ACCOMMODATIONS, FISHING LICENSES, EQUIPMENT RENTAL, NON-REFUNDABLE TICKETS, CAR PARKING, LOSS OF EARNINGS, OR LOSS OF ENJOYMENT

IN NO EVENT SHALL CHARTRR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO CHARTRR IN PLATFORM FEES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF CHARTRR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

21.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@chartrr.com and attempt to resolve the dispute informally for at least thirty (30) days.

21.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

If the amount in controversy is less than $10,000, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a hearing or the arbitrator determines a hearing is necessary.

21.3 Class Action Waiver

YOU AND CHARTRR 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 PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

21.4 Exceptions

Notwithstanding the above: (a) either party may bring an individual action in small claims court for disputes within the court's jurisdiction; (b) either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent infringement or misappropriation of intellectual property rights; and (c) claims related to personal injury or death are not subject to this arbitration provision.

21.5 Opt-Out

You may opt out of this arbitration provision by sending written notice to legal@chartrr.com within thirty (30) days of first accepting these Terms, stating your name, email address, and a clear statement that you wish to opt out of the arbitration clause.

22.1 General Indemnification

You agree to indemnify, defend, and hold harmless Chartrr, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or inability to use the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) Content you post on the Service; or (e) your participation in any charter fishing trip booked through the Service.

22.2 Captain-Specific Indemnification

Captains additionally agree to indemnify, defend, and hold harmless Chartrr from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• The Captain's intentional or negligent acts or omissions, including noncompliance with any applicable legal or regulatory requirements
• The operation of the Captain's charter fishing business, including the condition, operation, and seaworthiness of their vessels
• Injuries to passengers, crew, or third parties during charter trips
• Violations of maritime law, USCG regulations, environmental regulations, or fishing regulations
• The Captain's failure to maintain required licenses, permits, or insurance
• Any infringement of third-party intellectual property by trademarks, photos, or other content provided by the Captain
• The Captain's failure to provide accurate information in their listing that results in legitimate claims of false advertising
• The Captain's failure to collect all applicable taxes, fees, and charges

You may terminate your account at any time by deleting it through the app settings or by contacting us at support@chartrr.com.

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination: (a) your right to use the Service ceases immediately; (b) any pending Bookings may be canceled; (c) Captains may forfeit pending payouts if termination is due to policy violations; and (d) we may retain your data as described in our Privacy Policy.

Chartrr reserves the right, at any time and without prior notice, to remove or disable access to any Listing, account, or trip for any reason, including those that Chartrr, at its sole discretion, considers to be in violation of these Terms, objectionable, or otherwise harmful to the platform or its Users.

Sections that by their nature should survive termination shall survive, including Sections 11, 12, 13, 19, 20, 21, 22, and 24–27.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the federal and state courts located in the State of Florida.

Chartrr shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, labor disputes, internet or telecommunications failures, or acts of terrorism.

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Captain subscription agreement, constitute the entire agreement between you and Chartrr regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
• Notices: We may provide notices to you via email, in-app notification, or by posting on the Service. You may provide notices to us at legal@chartrr.com.
• Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
• Independent Contractors: Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between you and Chartrr. Captains are independent contractors and not employees or agents of Chartrr.
• Electronic Communications: By using the Service, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

We reserve the right to modify these Terms at any time. When we make material changes, we will: (a) update the “Last Updated” date; (b) notify you via email or in-app notification at least 30 days before the changes take effect; and (c) provide you the opportunity to review the changes. Your continued use of the Service after the effective date of any modifications constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

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