Terms Conditions

Terms & Conditions

Last Updated: October 11, 2026

These Terms & Conditions (“Terms”) apply to your use of Floatist, our SaaS platform for yacht charter management. By signing a quote or confirming acceptance (e.g., by email), you agree to these Terms. If you’re accepting on behalf of your company, you confirm you have the authority to bind it.

Your quote may include specific terms prevailing over general terms. If a specific term in your quote conflicts with these Terms, the specific term applies. Specific terms apply for the Initial Term, any Transition Term and all Renewal Terms, unless the quote says otherwise or both parties agree otherwise in writing. Discounts and promotional pricing follow Section 3.8.

1. Licence Scope

We grant you a non-exclusive, non-transferable licence to use Floatist for your internal business operations, like fleet management, maintenance, check-ins, and guest handovers. Your staff and guests can access it as needed, but only for your company’s benefit. You can’t resell, rent, share, or use it as a service for others. No copying, modifying, or reverse engineering the software is allowed.

2. Subscription Term and Renewals

2.1 Initial Term. The Initial Term of your subscription is 12 months, starting on the date specified in your signed quote.

2.2 Transition Term. Floatist aligns all customer subscriptions to a calendar-year billing cycle (January 1 to December 31). To bring your subscription onto this cycle, the first Renewal Term after your Initial Term is a “Transition Term,” running from the day after your Initial Term ends through December 31 of that same year. Fees for the Transition Term are pro-rated monthly based on the number of months it covers. If your Initial Term already ends on December 31, no Transition Term applies.

2.3 Renewal Terms. After the Transition Term, or after the Initial Term where no Transition Term applies, the subscription automatically renews for subsequent calendar-year Renewal Terms (January 1 to December 31). Each Renewal Term may be cancelled in writing with at least 30 days’ notice before the end of the then-current term.

2.4 Early cancellation. Early cancellation is not permitted during the Initial Term, the Transition Term, or any Renewal Term.

3. Fees and Payment

3.1 Fees and invoicing. The subscription fees are set out in the Customer’s quote. Subscription fees are charged per yacht per year, at a single rate that applies uniformly to every yacht in the Customer’s fleet. Floatist issues the invoice for each subscription term 30 days before the start of that term. Invoices are due in full within 7 days of the invoice date.

3.2 Late payment and suspension. Late payments are subject to a late fee of €75 or 0.5% of the overdue amount, whichever is higher, for each full week or part thereof that the payment remains overdue, up to a maximum of 10% of the overdue amount. Floatist may suspend access to the platform in the event of non-payment. If an invoice remains unpaid on the start date of the subscription term it relates to, Floatist may suspend the Customer’s access to the Service immediately on that date. No late fee accrues and no suspension applies to amounts the Customer disputes in good faith, provided the Customer notifies Floatist in writing of the grounds for the dispute before the due date and pays all undisputed amounts on time.

3.3 Taxes and refundability. All fees exclude VAT or other applicable taxes. Subscription fees are fixed for the term and, except as set out below, are non-refundable.

3.4 Active Fleet Size. The “Active Fleet Size” is the number of yachts the Customer has in the Floatist application at any given time. The initial Active Fleet Size for each term is set out in the Customer’s signed quote. The Customer may add or remove yachts from the application at any time; any change triggers the pro-rata credit or additional charge mechanisms set out below.

3.5 Fleet reductions. If the Active Fleet Size decreases during the term for any reason (including, without limitation, through sale, transfer, retirement, or other removal of one or more yachts), the Customer will receive a pro-rata credit for each yacht removed. The credit is calculated as the per-yacht annual subscription fee divided by 12, multiplied by the number of yachts removed and the number of whole months remaining in the then-current term from the date of removal. That credit is applied automatically as a discount against the fees for the next Renewal Term. If the Customer chooses not to renew, any unused credit will be refunded at the end of the then-current term.

3.6 Fleet additions. If the Active Fleet Size increases during the term for any reason (including, without limitation, through acquisition or addition of one or more yachts), additional subscription fees apply for each yacht added. The additional fee is calculated as the per-yacht annual subscription fee divided by 12, multiplied by the number of yachts added and the number of whole months remaining in the then-current term from the date the yacht is added. Additional fees are invoiced promptly after the yacht is added.

3.7 Minimum licence fee. A minimum licence fee of €4,990 per Customer per term applies, regardless of fleet reductions. The total subscription fee payable by the Customer for any term (after applying any credit, discount, or refund under this Section) will not fall below €4,990. This minimum applies once per Customer per term, covering the Customer’s entire fleet under this subscription.

3.8 Discounts. Any discounts, promotional pricing, or temporary rate adjustments applied to a given term do not carry over to subsequent Renewal Terms unless expressly agreed in writing by Floatist.

3.9 Annual price adjustment. Floatist may adjust subscription fees annually in line with the Harmonised Index of Consumer Prices (HICP) as published by Eurostat. Any such adjustment will not require prior notice beyond the standard renewal communication.

4. Limitations of Liability

4.1 Exclusion of indirect damages. Neither party will be liable to the other for indirect, consequential, incidental, punitive, or special damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

4.2 General liability cap. Each party’s total aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by the Customer to Floatist under these Terms in the 12 months preceding the event giving rise to the claim. For a series of related events, the relevant event is the first event in that series.

4.3 Data protection liability cap. Notwithstanding Section 4.2, each party’s total aggregate liability for claims arising out of or related to breach of the GDPR, other applicable data protection laws, the Data Processing Agreement in Section 17, or confidentiality obligations will not exceed the fees paid or payable by the Customer to Floatist under these Terms in the 12 months preceding the event giving rise to the claim.

4.4 Exclusions. Nothing in these Terms excludes or limits either party’s liability for:

• death or personal injury caused by negligence, to the extent such liability cannot lawfully be limited or excluded;
• fraud, wilful misconduct or gross negligence;
• Floatist’s indemnity for third-party intellectual property claims under Section 14, and the Customer’s indemnity for Brand Assets under Section 19.1;
• the Customer’s obligation to pay undisputed fees due; or
• any liability that cannot be limited under applicable law.

5. Usage Restrictions

You agree not to:

• Share or resell access.
• Reverse engineer or modify the platform.
• Use the software in a way that violates laws or infringes third-party rights.
• Introduce viruses or malicious code.
• Conduct unauthorised testing or security scans.
• Violation may result in immediate suspension or termination.

6. Data Ownership and Customer Responsibilities

6.1 Ownership. The Customer owns its data (e.g. fleet information, guest details, maintenance records). Floatist may make backups and use anonymised data to improve the Service. See our Privacy Policy for details on data handling.

6.2 User access management. The Customer is responsible for managing access to its Floatist account, including creating, maintaining, and promptly removing user accounts for staff and contractors. In particular, the Customer must remove access for individuals who leave the Customer’s organisation or no longer require access.

7. Intellectual Property and publicity

7.1 Intellectual Property. Floatist owns all intellectual property rights in the Service, including its software, design, documentation, and all updates and improvements, whether or not developed in response to a Customer’s request. The Customer’s rights are limited to the licence in Section 1; no other rights are granted. The Customer may not copy, modify, reverse engineer, or create derivative works from the Service, or use it to build a competing product. If the Customer provides suggestions or feedback, Floatist may use them without restriction or payment, and the Customer will not be identified as the source without its consent.

7.2 Customer reference. Floatist may name the Customer as a customer and use its name and logo on Floatist’s website, in sales and marketing materials, and in press and investor communications. The Customer may withdraw this permission at any time by email to support@floatist.com, and Floatist will stop using the name and logo in new materials within 30 days. Case studies, testimonials and quotes attributed to the Customer or its staff require the Customer’s prior written approval.

8. Onboarding

8.1 Onboarding fee. A one-time onboarding fee, charged per base, is set out in the Customer’s quote. The onboarding fee is non-refundable and covers initial setup of the Customer’s fleet in Floatist, configuration of checklists and maintenance structure, team training sessions, and guided go-live support. For onsite onboarding, the fee includes Floatist’s travel costs.

8.2 Onboarding window. The scope, timeline, and milestones of onboarding will be defined in an onboarding project plan agreed between the Customer and Floatist, and followed by both parties.

8.3 Customer responsibilities. Onboarding requires active participation from the Customer. The Customer’s specific responsibilities will be outlined during the welcome call and listed in the onboarding project plan. If the Customer does not fulfil those responsibilities, Floatist may be unable to complete onboarding within the agreed timeline, and delays caused by the Customer do not shift responsibility to Floatist.

8.4 Restarts and resumption. If Customer-caused delays prevent completion of onboarding within the agreed timeline, or if the Customer repeatedly misses deadlines in the project plan such that Floatist pauses the onboarding process, a new onboarding fee is required to restart or resume onboarding.

8.5 Custom features. If Floatist has agreed to build a specific feature for the Customer, development of that feature will not begin until the Customer has successfully completed onboarding and is actively using the platform.

9. Support

We provide online help docs, in-app chat support, and email support during business hours. Support response times and service availability are governed by our Service Level Agreement, as referenced in Section 12.

10. Termination

10.1 Termination for material breach. Either party may terminate these Terms if the other party commits a material breach and fails to cure that breach within 30 days of receiving written notice specifying it. “Material breach” means a breach that substantially defeats the purpose of these Terms or causes significant harm to the non-breaching party. Material breaches by the Customer include, without limitation, non-payment of undisputed amounts, misuse of the Service in violation of Section 5, or unauthorised sharing of access. Material breaches by Floatist include, without limitation, a sustained failure to provide the Service, a repeated material failure to meet the service levels in the SLA, or a personal data breach caused by Floatist’s failure to comply with the Data Processing Agreement. Floatist will not terminate for non-payment of amounts the Customer disputes in good faith under Section 3.2. If the Customer terminates because of Floatist’s material breach, Floatist will refund prepaid fees for the remainder of the then-current term after the termination date. Termination does not affect rights or remedies accrued before termination.

10.2 Termination for insolvency. Either party may terminate these Terms immediately on written notice if the other party becomes insolvent, enters liquidation, makes an assignment for the benefit of creditors, or has a receiver or administrator appointed over its assets.

10.3 Termination for repeated breach. Floatist may terminate these Terms immediately on written notice if the Customer repeatedly breaches the same obligation, even where each individual breach has been cured.

10.4 Suspension in lieu of termination. Floatist may suspend the Customer’s access to the Service for non-payment or breach without terminating these Terms, as described in Sections 3 and 5. Suspension does not relieve the Customer of ongoing fees.

10.5 Effect of termination. On termination:

• the Customer’s access to the Service ends;
• the Customer may export its data as set out in Section 17.11;
• Floatist deletes Customer Data in accordance with Section 17.11 and the Privacy Policy;
• fees already paid remain non-refundable, subject to the credit and refund provisions in Sections 3 and 10.1.

10.6 Survival. Sections that by their nature should survive termination, including Sections 4 (Limitations of Liability), 6 (Data Ownership), 7 (Intellectual Property), 11 (Confidentiality), 13 (Governing Law), 17 (Data Processing Agreement), and any accrued payment obligations, survive termination of these Terms.

11. Confidentiality

Each party agrees to keep the other’s confidential information private and use it only as necessary to perform under these Terms.

12. Warranties and Disclaimers

We warrant that Floatist works as described and doesn’t infringe third-party rights. Service availability and support response times are governed by our Service Level Agreement at floatist.com/sla, as updated from time to time. Beyond those commitments, the Service is provided “as is” with no other warranties.

13. Governing Law

Dutch law governs these Terms. Disputes go to Dutch courts.

14. Indemnity

Floatist will defend the Customer against any third-party claim alleging that the Service infringes that party’s intellectual property rights, and will pay the damages, costs and reasonable legal fees finally awarded or agreed in settlement. This applies provided the Customer notifies Floatist promptly in writing, lets Floatist control the defence and any settlement, and cooperates reasonably. It does not apply to the extent the claim arises from the Customer’s acts or omissions, Customer Data, or use of the Service in breach of these Terms. If the Service is or may be found to infringe, Floatist may modify it, obtain a licence for the Customer to continue using it, or, if neither is reasonably possible, terminate the affected Service and refund prepaid fees for the remainder of the then-current term.

15. Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control (natural disasters, war, etc.).

16. Acceptance

Signing a quote or confirming by email means you accept these Terms (including the Data Processing Agreement in Section 17) and our Privacy Policy. Quotes reference these documents. Read them before signing. Customers who enable Floatist’s optional Booking and Payment Processing feature additionally sign a separate Payment Processing Agreement that governs that service.

17. Data Processing Agreement

This Data Processing Agreement (“DPA”) forms part of the Terms and applies where Floatist processes personal data on behalf of the Customer (the Fleet Operator) in the course of providing the Service. It reflects the requirements of GDPR Article 28.

17.1 Roles. The Customer is the Controller of personal data relating to its guests, crew, and charter operations. Floatist is the Processor of that data. For data about the Customer itself and its account users, Floatist is a Controller and its Privacy Policy applies.

17.2 Subject matter, nature, and purpose. Floatist processes Customer Data only to provide the Service described in the Terms: fleet management, maintenance tracking, check-in and check-out flows, booking and payment infrastructure, digital contracts, guest communications, and managed marketing websites. Processing lasts for the duration of the subscription and any applicable retention periods.

17.3 Categories of data and data subjects. As described in Annex A.

17.4 Customer instructions. Floatist processes Customer Data only on documented instructions from the Customer, including the Terms themselves, the Customer’s configuration of the Service, and lawful written instructions. Floatist will inform the Customer if, in its opinion, an instruction violates GDPR or other data protection law.

17.5 Confidentiality. Floatist ensures that its personnel with access to Customer Data are bound by written confidentiality obligations.

17.6 Security. Floatist implements and maintains the Technical and Organisational Measures described in Annex C, in line with GDPR Article 32.

17.7 Sub-processors. The Customer authorises Floatist to engage the sub-processors listed at floatist.com/sub-processors. Floatist will give the Customer at least 30 days’ email notice before engaging a new sub-processor.

If the Customer has a reasonable, documented data protection objection to a new sub-processor, they may raise it in writing within the 30-day notice period. The parties will work in good faith to resolve the objection. If no resolution is reached within 30 days of the Customer’s objection, the Customer may terminate the Terms (or, at the Customer’s option, only the affected processing) on written notice, and Floatist will refund a pro-rated portion of any pre-paid fees for the unused remainder of the then-current term.

Floatist imposes contractual obligations on each sub-processor that are equivalent to those in this DPA.

17.8 Data subject rights. Floatist will assist the Customer in responding to requests from data subjects (access, correction, deletion, restriction, objection, portability), taking into account the nature of the processing and the tools available in the Service.

17.9 Security incidents. Floatist will notify the Customer without undue delay, and in any case within 24 hours of detection, of any personal data breach involving Customer Data. The notice will contain the information required under GDPR Article 33(3) to the extent known at the time.

17.10 Data Protection Impact Assessments. Floatist will, on reasonable request, provide the Customer with information reasonably necessary for the Customer to carry out DPIAs and prior consultations with supervisory authorities in relation to the Service.

17.11 Data export and deletion on termination. During the subscription and for 30 days after termination, the Customer may request a full export of its Customer Data in a commonly used, machine-readable format. Floatist will provide the export within five (5) working days of the request, at no additional charge, and will not delete Customer Data before a requested export has been provided. On request, Floatist will also provide up to four (4) hours of migration assistance at no charge, for example explaining the export format to the Customer or its replacement provider. Further assistance is available at Floatist’s standard rates.

Floatist will delete Customer Data within 90 days of termination, except:

• data subject to retention periods required by law (e.g. Dutch tax law: 7 years for billing and booking records);
• data in routine daily backups, which is deleted in line with the 7-day backup rotation.

17.12 Audits. Floatist will make available to the Customer the information necessary to demonstrate compliance with this DPA. The Customer may, no more than once per 12 months and on 30 days’ written notice, conduct an audit of Floatist’s compliance, at the Customer’s cost and subject to reasonable confidentiality and operational safeguards. Third-party audit reports and certifications may be provided in lieu of on-site audits.

17.13 International transfers. Where Floatist transfers Customer Data outside the EEA, it does so using Standard Contractual Clauses or another valid transfer mechanism under GDPR Chapter V. The current list of sub-processors and their processing locations is at floatist.com/sub-processors.

17.14 Liability. The liability provisions in Section 4 of the Terms apply to this DPA.

17.15 Changes. Floatist may update this DPA from time to time. Material changes will be communicated to the Customer’s account owner by email. If a change materially reduces the Customer’s rights or Floatist’s obligations, the Customer may object in writing within 30 days and terminate the affected processing.

Annex A: Description of Processing

Subject matter: Provision of the Floatist SaaS platform to the Customer.

Duration: The term of the subscription, plus retention periods set out in the Privacy Policy.

Nature and purpose: Fleet management, maintenance tracking, guest and crew records, charter administration, check-in and check-out flows, digital contracts, booking and deposit handling, managed marketing websites.

Categories of data subjects:

• The Customer’s guests and crew (including, occasionally, minors on family charters)
• The Customer’s own staff and contractors
• Prospective guests making enquiries via managed marketing websites

Categories of personal data:

• Identity and contact data (name, email, phone)
• Identity document data (passport or ID card numbers for crew list registration)
• Date of birth and nationality
• Boat licences (ICC and equivalent)
• Booking details and charter records
• Signed contracts and signatures
• Operational notes, messages, check-in and check-out records

Special category data: None processed by design. The Customer is responsible for not uploading special category data (health, biometric, etc.) into free-text fields.

Annex B: Sub-processors

The current list of sub-processors, their purpose, and their processing locations is published at floatist.com/sub-processors. That page is updated whenever sub-processors change, and account holders are notified by email at least 30 days before any new sub-processor is engaged.

Annex C: Technical and Organisational Measures

Floatist applies the following measures to protect personal data:

Access control

• Multi-factor authentication for all staff accounts
• Role-based access to production data, limited to personnel with a business need
• Least-privilege principle across infrastructure

Encryption

• TLS 1.2 or higher for all data in transit
• Encryption at rest for databases, backups, and document storage

Infrastructure

• EU-based hosting (Hetzner, Germany)
• Regular security patching
• Isolated production environment

Logging and monitoring

• Audit logs of security-relevant actions, retained for 3 years
• Monitoring of authentication and access patterns

Backups and availability

• Encrypted backups with tested restore procedures
• Defined backup rotation and retention

Personnel

• Written confidentiality obligations for all staff
• Security awareness guidance for personnel with production access

Incident response

• Documented breach-response process
• 24-hour notification commitment to Customers

Sub-processor management

• Written agreements with all sub-processors containing GDPR-equivalent obligations
• Published sub-processor list with 30-day advance notice of changes

These measures are reviewed regularly and updated as the Service evolves.

18. Changes to these Terms

18.1 Clarifying changes. Non-material changes, such as corrections of typos, clarifications of existing wording, or updates to contact details, take effect immediately upon publication at floatist.com/terms-conditions.

18.2 Material changes. Changes that materially affect the Customer’s rights or obligations will be communicated to the Customer’s account owner by email at least 30 days before taking effect. The notice will summarise the change and link to the updated Terms.

18.3 Right to object. If a material change materially reduces the Customer’s rights or materially increases the Customer’s obligations under these Terms, the Customer may object in writing within 30 days of receiving notice. If the Customer and Floatist cannot resolve the objection, the Customer may terminate these Terms with a pro-rated refund of pre-paid fees for the unused remainder of the then-current term.

18.4 Acceptance of updates. The Customer’s continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms.

19. Optional features. The terms in this Section apply only where the relevant feature is included in the Customer’s quote or has been enabled on the Customer’s account at the Customer’s request. Fees for optional features are set out in the Customer’s quote, are invoiced under Section 3, and do not count towards the minimum licence fee in Section 3.7. Optional features end when the subscription ends.

19.1 White-labelling. Scope. Floatist applies the Customer’s logo and brand colours to the Operations App (used by the Customer’s staff) and the Guest App (used by the Customer’s guests) in place of Floatist’s own. Customisation is limited to logo and brand colours; layout, features, workflows and content remain as provided to all customers, and Floatist may change them under these Terms while continuing to apply the Customer’s branding. Floatist may adjust colours or logo placement where needed for legibility or accessibility.

Domain. The apps are provided on a Floatist subdomain that includes the Customer’s name. A custom domain is not included. Floatist owns and controls the subdomain and may change its format on reasonable notice, redirecting the previous address for at least 90 days.

Floatist branding. Floatist does not display its logo or brand in the Operations App or the Guest App, except in the subdomain, in the in-app support channel for the Customer’s staff, and where required by law or a third-party provider. Support for guests within the Guest App is the Customer’s responsibility. If Floatist branding appears elsewhere, the Customer’s sole remedy is removal within 14 working days of written notice; this is not a material breach under Section 10.1.

Brand assets. The Customer grants Floatist a non-exclusive, royalty-free licence to use its logo, colours, names and trade marks (“Brand Assets”) for this purpose, for as long as white-labelling is active, and may extend it to Floatist’s subcontractors for the same purpose. The Customer keeps all rights in the Brand Assets and confirms it has the right to license them. The Customer will indemnify Floatist against third-party claims that the Brand Assets infringe intellectual property rights, provided Floatist notifies the Customer promptly and gives reasonable assistance at the Customer’s cost. Floatist’s warranty in Section 12 and indemnity in Section 14 do not apply to the Brand Assets. Term. White-labelling runs with the subscription term, including Transition and Renewal Terms, and renews with it. If it starts mid-term, the first fee is pro-rated by whole months remaining. Either party may end white-labelling without ending the subscription on at least 30 days’ written notice before the end of the then-current term, after which Floatist returns the apps to standard Floatist branding.

19.2 Contracts. Where the contracts feature is enabled, the Customer can create, send and sign charter contracts and related documents through the Service. The Customer is responsible for the content of its contracts, for their validity and enforceability under the laws that apply to its charters, and for any registration, stamping or filing those laws require. Signatures collected through the Service are electronic signatures; Floatist does not guarantee that they meet the requirements for a qualified electronic signature or any specific formality. Signed contracts are stored and deleted in line with the Data Processing Agreement, and the Customer should keep its own copies.

Questions? Email us at support@floatist.com.