General Terms and Conditions

§ 1 Provider and scope

Provider:

Ruben Schmidt, c/o flexdienst – #21586, Kurt-Schumacher-Straße 76, 67663 Kaiserslautern, Germany Email: info@skipperconnect.com · Phone: +49 156 79816962

(1) These terms govern the use of the Skipper Connect web app (hereinafter the “app”) by consumers.

(2) A consumer is any natural person who uses the app for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB, German Civil Code).

(3) The separate Terms and Conditions for Business Customers apply to charter companies, tour operators, and other entrepreneurs. A simultaneous application of both sets of terms is excluded.

(4) Deviating terms of the user do not become part of the contract, even if we do not expressly object to them.

§ 2 Subject matter of the app and its limits

(1) Skipper Connect is an organisation and planning tool for sailing trips. The app combines crew list, boat handover, safety briefing, Cash Log, packing list, shopping list, recipes, weather, route planning, logbook, sea miles confirmation, and games.

(2) The app is not a nautical aid within the meaning of maritime navigation. In particular, it does not replace:

• official nautical charts and chart corrections,
• official maritime weather reports and warnings,
• navigation devices, compass, lead line, or other on-board equipment,
• trip preparation, local knowledge of the sailing area, and the diligence of a responsible skipper.

(3) Sole responsibility for the vessel, crew, and navigation lies with the skipper. The app gives no nautical recommendations, no course instructions, and no clearances. Weather data, map displays, and route suggestions are non-binding reference points and may be incomplete, outdated, or incorrect.

(4) The safety briefing and boat handover are checklists, not regulations. They do not necessarily reflect the requirements of a particular charter company, sailing area, flag state, or insurer. The skipper decides on the completeness and suitability of a list.

(5) The app requires an existing internet connection. Its failure, in particular at sea, is not a defect of the app.

(6) Sea miles confirmations are issued by the skipper, not by us. We provide only the form, verify neither the information nor the nautical miles covered, and certify nothing. Whether a confirmation is recognised by an examination body, an association, or an authority is outside our sphere of influence. By issuing a confirmation, the issuer warrants the accuracy of the information.

§ 3 Account and registration

(1) Use requires an account (email address and password).

(2) The account comes into existence only when you click the confirmation link in our email.

(3) Your information must be true and complete. Keep your password secret. If you become aware that third parties are using your account, notify us without undue delay.

(4) Minimum age: 16 years. Younger persons require the consent of their legal guardians.

(5) There is no entitlement to registration.

(6) One account is maintained per person. Accounts are not transferable.

§ 4 Crew, invitations, and content

(1) Whoever creates a trip can add further persons via an invitation link. The person issuing the invitation decides on the group of invited persons and bears responsibility for this.

(2) Within a trip, the name, roles, and the content entered are visible to the other members of the same trip. This serves the purpose of joint planning.

(3) You are responsible for the content you enter. In particular, unlawful, offensive, discriminatory, or infringing content is prohibited, as is personal data of third parties that you are not authorised to enter.

(4) There is no prior review of content. Upon notice, we remove unlawful content.

(5) You grant us the non-exclusive right, unlimited in space and time, to store and reproduce your content and to display it to the other members of the same trip, exclusively for the purpose of operating the app. The content is not analysed or passed on.

§ 5 Free version and Pro version

(1) The app can be used free of charge in its basic scope. Trips can be created without limit.

(2) Individual modules are reserved for the Pro version. In the free version, they are restricted (read-only) or show example data. Which modules are affected is indicated in the app.

(3) The Pro version is unlocked per trip. The unlock applies to the respective trip, not to the account.

(4) There is no entitlement to the unchanged continuation of the range of functions of the free version.

§ 6 Prices, conclusion of contract, and payment

(1) The prices displayed during the ordering process apply. All prices are final prices.

(2) VAT: Due to the small-business regulation under § 19 UStG (German VAT Act), no value-added tax is shown.

(3) Conclusion of contract: You select the product, see the price and the service, and conclude the contract by clicking the “order with obligation to pay” button. We confirm the contract without undue delay in text form by email.

(4) Payment processing: Payments are processed via the payment service provider Stripe. Its terms apply to the payment transaction. Credit card and account details do not reach us.

(5) Alternatively, the Pro version can be activated via an unlock code. A code can be redeemed once.

§ 7 Single trip (one-time purchase)

(1) Unlocking an individual trip is a one-time purchase. No subscription arises; there is no renewal and no recurring charge.

(2) The unlock applies to the unlocked trip and remains in place, even after it has ended, for as long as your account exists.

(3) After the trip has ended, individual modules become write-protected. This is the intended state of a completed trip and not a defect.

§ 8 Season Pass (annual subscription)

(1) The Season Pass is a subscription with a term of twelve months. It includes the number of unlockable trips stated in the product description.

(2) The Season Pass renews automatically for a further twelve months in each case, unless it is cancelled no later than one month before the end of the respective term.

(3) Cancellation can be declared at any time, in particular via the cancellation button (§ 9). No reason is required.

(4) The price applicable at the time of renewal applies to the subsequent term. We notify price changes at least six weeks before they take effect, in text form. If you do not agree, you can cancel before the change takes effect; we expressly point this out in the notification.

(5) Unused trip unlocks expire at the end of the term and are not refunded.

(6) Trips already unlocked remain unlocked after the end of the subscription.

§ 9 Cancellation button

(1) Ongoing subscriptions can be cancelled at any time via the “Cancel contracts here” button. It is permanently available on the website and can be reached without logging in.

(2) The button leads directly to a confirmation page on which the information required for the cancellation can be provided and which contains a “Cancel now” confirmation button.

(3) We confirm receipt of the cancellation without undue delay in text form by email, stating the content, date, and time of receipt as well as the point in time at which the contract ends.

§ 10 Right of withdrawal

(1) Consumers have a statutory right of withdrawal. The details follow from the withdrawal instruction at the end of these terms.

(2) So that a trip can be unlocked immediately, you expressly request, during the ordering process, that we begin performance before the withdrawal period expires, and you confirm your knowledge that your right of withdrawal expires upon complete provision.

(3) With the Season Pass, the right of withdrawal does not expire upon provision. If you withdraw after performance has already begun at your request, you owe proportionate compensation for the value of the period used up to that point.

§ 11 Availability, changes, maintenance

(1) We endeavour to achieve high availability but do not owe uninterrupted accessibility. Maintenance work, disruptions at upstream providers, and events outside our sphere of influence may lead to outages.

(2) We may further develop the app. Functions may be added, changed, or removed, insofar as this is reasonable and the contractual benefit is not impaired.

(3) If a change during an ongoing subscription leads to more than merely minor impairment of your usage options, we will inform you at least 30 days in advance in text form. You can cancel the contract free of charge within 30 days of receipt of the notification or from the time of the change – whichever is later (§ 327r BGB).

(4) Paragraph 3 does not apply to security updates and bug fixes.

§ 12 Liability

(1) We are liable without limitation in cases of intent and gross negligence, for injury to life, body, or health, for fraudulent concealment of a defect, to the extent of a guarantee assumed, and under the German Product Liability Act (ProdHaftG).

(2) In the event of slightly negligent breach of an essential contractual obligation, our liability is limited in amount to the foreseeable damage typical for this type of contract. An obligation is essential if its fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may ordinarily rely.

(3) In all other respects, our liability is excluded.

(4) Nautical clarification: We are not liable for damage arising from the use of app content as a basis for nautical decisions. Weather data, map displays, routes, and checklists are non-binding reference points (§ 2). Responsibility for the vessel, crew, and navigation lies with the skipper and does not transfer to us through the use of the app. Paragraph 1 remains unaffected.

(5) We are not liable for content that users enter, nor for the accuracy of information in sea miles confirmations.

(6) Data loss: In the event of loss of data, we are liable only for the effort that would have been necessary for restoration had you carried out proper and regular data backups. The preceding paragraphs remain unaffected.

(7) The limitations of liability also apply in favour of our vicarious agents.

§ 13 Suspension and termination by the provider

(1) We may temporarily suspend an account or terminate the contract for cause if these terms are materially breached, in particular in the case of unlawful content, abusive use, or attacks on the technical infrastructure.

(2) Before a suspension, we will as a rule point out the breach and set a reasonable deadline, unless this is unreasonable.

(3) The mutual right to ordinary termination of the free usage contract with a notice period of one month remains unaffected. Paid services remain unaffected by this or are refunded on a pro rata basis.

§ 14 Termination and account deletion by the user

(1) You can delete your account at any time in the account settings.

(2) What happens in the process and what remains follows from the privacy policy. In brief:

• Trips that you have created remain usable for your crew.
• Sea miles confirmations that you have issued as skipper remain valid with name and signature; a record that could be revoked afterwards would be unsuitable for its purpose.

(3) Deletion of the account is not a cancellation of an ongoing subscription. You cancel a subscription via the cancellation button (§ 9). Refunds for periods already paid for are not made, unless otherwise provided by law.

§ 15 Amendment of these terms

(1) We may amend these terms if there is an objective reason to do so (e.g. a change in the legal situation, supreme court case law, new functions of the app) and the amendment does not unreasonably disadvantage you.

(2) We notify amendments at least six weeks before they take effect, in text form. If you do not object before they take effect, the amendment is deemed accepted. We expressly point out this consequence and your right to object in the notification.

(3) If you object, the contract ends at the time the amendment takes effect. We refund fees already paid for services not yet rendered on a pro rata basis.

§ 16 Dispute resolution

Notice pursuant to § 36 VSBG (German Consumer Dispute Resolution Act): We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 17 Final provisions

(1) German law applies. Mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected.

(2) Should any provision be invalid, the validity of the remaining provisions remains unaffected.

Withdrawal instruction

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

Ruben Schmidt, c/o flexdienst – #21586, Kurt-Schumacher-Straße 76, 67663 Kaiserslautern, Germany Email: info@skipperconnect.com · Phone: +49 156 79816962

of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but this is not obligatory.

To meet the withdrawal deadline, it is sufficient that you send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments we have received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

If you requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you inform us of the exercise of the right of withdrawal with regard to this contract, compared with the full scope of the services provided for in the contract.

Early expiry of the right of withdrawal

Your right of withdrawal expires early if we have fully performed the service or fully supplied the digital content and

• you have expressly consented that we begin performance of the contract before the end of the withdrawal period, and
• you have confirmed your knowledge that, by giving your consent to the commencement of the performance of the contract, you lose your right of withdrawal, and
• we have provided you with confirmation of the contract in text form.

This concerns the unlocking of an individual trip, which takes place immediately at your express request.

§ 1 Provider, scope, no consumer contract

Provider:

Ruben Schmidt, c/o flexdienst – #21586, Kurt-Schumacher-Straße 76, 67663 Kaiserslautern, Germany Email: info@skipperconnect.com · Phone: +49 156 79816962

(1) These terms govern the use of Skipper Connect by entrepreneurs within the meaning of § 14 BGB (German Civil Code), in particular charter companies, sailing schools, tour operators, and clubs that organise trips for third parties (hereinafter the “company”).

(2) This is not a consumer contract. The consumer-protection provisions of distance selling law do not apply. There is no right of withdrawal. A cancellation button under § 312k BGB is not owed.

(3) The Terms and Conditions for Consumers do not apply to the company. They apply to the crew members who create their own account as consumers, even if they arrive via the company's invitation link.

(4) Deviating or supplementary terms of the company do not become part of the contract, even if we do not expressly object to them and render the service with knowledge of the terms.

§ 2 Subject matter of the contract

(1) We provide the company with the Skipper Connect web app and a company area in which the company can

• create trips and unlock them with credit,
• store its logo (§ 7),
• adapt the content of individual lists (packing list, shopping list, boat handover, safety briefing),
• disable individual modules for its trips,
• choose the languages in which its content appears.

(2) The exact scope of services follows from the product description displayed during the ordering process at the time of purchase.

(3) We do not owe any individual customisation of the app, any interfaces to external systems, or provision as installable software.

§ 3 Company account

(1) Use requires a company account. It comes into existence upon registration and confirmation of the email address.

(2) A company account is not a personal account. It cannot join any crew, cannot collect sea miles, and cannot write content in any trip. Anyone who wants to participate in a trip as an employee of the company needs their own personal account for that.

(3) The company keeps its access credentials secret and is responsible for any use made via its account.

(4) The information in the company account (company, address, country, and VAT ID number where applicable) must be correct and up to date. The company notifies changes without undue delay.

(5) A company account is currently a single-user account. Multiple employee accesses to one company account are not part of the contract, even if we should offer them in future.

§ 4 Credit

(1) The company purchases credit (credits). One credit unlocks one trip.

(2) A credit is consumed at the moment of unlocking. Consumption is final and is not reversed even if the trip is cancelled, postponed, or not undertaken.

(3) Credit is not transferable to other accounts, not payable in money, and not exchangeable back.

(4) The validity period of the credit follows from the product description. If nothing is stipulated there, credit does not expire.

(5) Without credit, no company trips can be created. Trips already unlocked remain unaffected by this and continue to run.

§ 5 Company trips

(1) A trip unlocked with company credit is a company trip. It carries the settings and, if stored, the logo of the company.

(2) The module selection is fixed at the moment a trip is created. If the company later disables a module, this affects only new trips; ongoing trips retain their scope. This is intended so that the range of functions of a trip already under way is not removed retrospectively.

(3) For its trips, the company sees: trip data, the crew list with names and roles, boat handover, and safety briefing.

(4) The company does not see: Cash Log, logbook, route planning, sea miles confirmations, and shopping list. This is a technical barrier; the data is not loaded from the database for a company account. There is no entitlement to access these areas, and it is not granted even on request.

§ 6 Company content (lists)

(1) The company can adapt the content of the lists for its trips: remove entries, change them, or add its own.

(2) The company is responsible for its content. This applies in particular to the safety briefing and the boat handover. We do not check this content for completeness, accuracy, or compatibility with the regulations of a sailing area, a flag state, or an insurer.

(3) A checklist adapted by the company is not a regulation and does not replace one. § 8 also applies to company content.

(4) We may further develop the standard set of lists. Adaptations made by the company are retained in the process.

(5) The company ensures that its content is complete in all the languages it has chosen.

§ 7 Logo and identifiers

(1) The company can store a logo. It appears for the crews of its trips, in particular on the registration page reached via an invitation link.

(2) The company grants us the non-exclusive, free-of-charge right to store and reproduce the logo within the app and to display it to the crews of its trips. The right ends with the contract.

(3) The company warrants that it holds the necessary rights to the logo. It indemnifies us against claims by third parties asserted against us on account of the contractual use of the logo, including reasonable costs of legal defence.

(4) The logo is a display and not a statement about the operator. We remain the provider of the app. The company must not create the impression that it operates the app itself or is our contractual partner vis-à-vis the crew members.

(5) We may name the company with its name and logo as a reference customer. The company can object to this informally at any time.

§ 8 Subject matter of the app and its limits

(1) Skipper Connect is an organisation and planning tool. It is not a nautical aid and in particular does not replace official nautical charts, official maritime weather reports, navigation devices, on-board equipment, or the diligence of a responsible skipper.

(2) Responsibility for the vessel, crew, and navigation lies with the skipper. It transfers neither to us nor, through the use of the app, to the company.

(3) Weather data, map displays, and routes are non-binding reference points and may be incomplete, outdated, or incorrect.

(4) Sea miles confirmations are issued by the respective skipper, not by us and not by the company. We provide only the form and certify nothing.

(5) The app requires an internet connection. Its failure is not a defect.

§ 9 Data protection: controllership

(1) We are the controller within the meaning of Art. 4(7) GDPR for the processing of users' data in the app. The crew members conclude their own usage contract with us and receive our privacy policy from us.

(2) The company is not a processor, and we are not one for the company. A data processing agreement pursuant to Art. 28 GDPR is not concluded between us and the company and is not required. We do not process the crew members' data on behalf of the company, but on the basis of our own contract with them and according to our own purposes and means. From the app, the company receives exclusively the section referred to in § 5(3).

(3) For the data that the company receives from the app, the company is an independent controller. What it does with that data outside the app (store, further process, pass on) is its own responsibility, including the legal basis required for this and the provision of information to its customers.

(4) The company ensures that it is authorised to send invitation links to the persons to whom it sends them.

(5) On registration pages reached via a company invitation link, no newsletter tick box appears. We do not collect any addresses for our own purposes via the company's channel.

§ 10 Prices, payment, default

(1) The prices displayed during the ordering process apply.

(2) VAT: Due to the small-business regulation under § 19 UStG (German VAT Act), no value-added tax is shown.

(3) Payments are processed via the payment service provider Stripe. Payment data does not reach us.

(4) Credit is credited only after full receipt of payment.

(5) In the event of default in payment, we may suspend the unlocking of new trips until the arrears are settled. Trips already unlocked remain unaffected. The statutory claims for default remain unaffected.

(6) Set-off and retention are permitted to the company only with undisputed or legally established claims.

§ 11 Availability and further development

(1) We endeavour to achieve high availability but do not owe any particular availability rate or uninterrupted accessibility. There is no agreement on service times or response times.

(2) We may further develop the app. Functions may be added, changed, or removed, insofar as the contractual benefit for the company is retained.

(3) We announce material changes with reasonable notice in text form.

(4) Where possible, we schedule maintenance windows during low-usage periods.

§ 12 Liability

(1) We are liable without limitation in cases of intent and gross negligence, for injury to life, body, or health, for fraudulent concealment of a defect, to the extent of a guarantee assumed, and under the German Product Liability Act (ProdHaftG).

(2) In the event of slightly negligent breach of an essential contractual obligation, we are liable, limited to the foreseeable damage typical for this type of contract, but at most to the amount that the company paid to us in the twelve months before the event causing the damage.

(3) In all other respects, our liability is excluded, in particular for lost profit, savings not realised, indirect damage, and consequential damage.

(4) Nautical clarification: We are not liable for damage arising from the use of app content as a basis for nautical decisions (§ 8). Paragraph 1 remains unaffected.

(5) We are not liable for content that the company enters, in particular not for its safety briefing and its boat handover list. The company indemnifies us against claims by third parties based on its content.

(6) Data loss: In the event of loss of data, we are liable only for the effort that would have been necessary for restoration had the company carried out proper and regular data backups.

(7) The limitations of liability also apply in favour of our vicarious agents.

§ 13 Term, termination, suspension

(1) The contract for the use of the company area runs for an indefinite period and can be terminated by either side with one month's notice in text form.

(2) The right to extraordinary termination for cause remains unaffected. For us, cause exists in particular in the event of significant default in payment, unlawful content, or attacks on the technical infrastructure.

(3) Upon the end of the contract, unredeemed credit lapses without compensation if the company terminates or we terminate for cause. If we terminate by ordinary notice, we refund unredeemed credit on a pro rata basis of the purchase price.

(4) Trips already unlocked remain usable for the respective crew after the end of the contract. The company's logo is no longer displayed.

(5) We may temporarily suspend a company account if there is a suspicion of abusive use. We notify the company of the reason without undue delay.

§ 14 Amendment of these terms

(1) We may amend these terms if there is an objective reason to do so.

(2) We notify amendments at least six weeks before they take effect, in text form. If the company does not object before they take effect, the amendment is deemed accepted. We expressly point out this consequence and the right to object in the notification.

(3) If the company objects, we may terminate the contract at the time the amendment takes effect. In this case, we refund unredeemed credit on a pro rata basis.

§ 15 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising out of and in connection with this contract is MÜNCHEN, insofar as the company is a merchant, a legal person under public law, or a special fund under public law, or has no general place of jurisdiction in Germany. We may also sue the company at its general place of jurisdiction.

(3) The place of performance is MÜNCHEN.

(4) Amendments and supplements to this contract require text form. This also applies to the waiver of this form requirement.

(5) Should any provision be invalid, the validity of the remaining provisions remains unaffected.