Terms Conditions

Terms & Conditions

Last Updated: July 23, 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.

1. License Scope

We grant you a non-exclusive, non-transferable license 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

The Initial Term of your subscription is specified in your signed quote. After the Initial Term ends, the subscription automatically renews for subsequent one-year periods (each a “Renewal Term”), unless cancelled in writing with at least 30 days’ notice before the end of the current term.

Unless otherwise agreed, Renewal Terms align with the calendar year (January 1 to December 31). Early cancellation is not permitted during either the Initial Term or any Renewal Term.

3. Fees and Payment

The subscription fees are set out in your quote and are due in full within 7 days of the invoice date.

Late payments are subject to a €75 late fee for each full week or part thereof that the payment remains overdue. Floatist may suspend access to the platform in the event of non-payment.

All fees exclude VAT or other applicable taxes. Subscription fees are fixed for the year and are non-refundable. If a yacht is sold during the subscription period, no refund will be issued.

If the agreed Active Fleet Size is exceeded, additional charges will apply.

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

We’re not liable for indirect losses like lost profits, data, or business interruption. Our total liability is capped at the fees you paid in the last 12 months. This applies even if we knew about the potential loss. We don’t guarantee Floatist is error-free or always available, but we’ll aim to fix issues promptly.

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 unauthorized testing or security scans.
• Violation may result in immediate suspension or termination.

6. Data Ownership

You own your data (e.g., fleet info, guest details). We may make backups and use anonymized data to improve Floatist. See our Privacy Policy for details on data handling.

7. Intellectual Property

We own Floatist, including all code, designs, and updates. You can’t claim ownership or derive products from it. Feedback you provide becomes ours to use.

8. Onboarding

Onboarding requires active participation from the Customer, including but not limited to providing necessary information, attending scheduled meetings, and (for remote onboarding) supplying accurate and timely photos of the yachts.

If the Customer does not fulfill their responsibilities, Floatist may be unable to complete onboarding within the expected timeframe. Delays caused by the Customer do not shift responsibility to Floatist.

The onboarding process must be completed within a maximum of three (3) months from the onboarding start date. If Customer-caused delays prevent completion within this timeframe, a new onboarding fee will be required to continue.

If the Customer repeatedly misses deadlines for their onboarding tasks, Floatist may pause the onboarding process. In such cases, a new onboarding fee must be paid to resume onboarding.

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. No guaranteed response times, but we’ll respond reasonably.

10. Termination

We can terminate if you breach these Terms (e.g., non-payment, misuse). On termination, access stops, and you must delete any copies. Sections like liability, IP, and confidentiality survive.

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 Floatist works as described and doesn’t infringe third-party rights. Floatist provides the Service Beyond that, it’s “as is”—no other warranties. We do not guarantee perfect uptime or error-free performance.

13. Governing Law

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

14. Indemnity

We indemnify you against third-party claims alleging that Floatist infringes intellectual property rights, provided you’re not at fault and notify us promptly.

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.

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, they may raise it during the notice period and the parties will work in good faith to resolve it. 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 72 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 Return or deletion on termination. On termination of the Terms, Floatist will delete Customer Data within 90 days, except:

• data subject to retention periods required by law (e.g. Dutch tax law: 7 years for billing and booking records);
• payment-related records subject to longer retention under PCI DSS, Adyen’s own retention obligations, or applicable financial regulation;
• data in routine daily backups, which is deleted in line with the 7-day backup rotation.

On request during the subscription, Floatist will provide an export of Customer Data in a commonly used, machine-readable format.

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
• Payment status (paid/unpaid, amounts) — full card data is handled by Adyen and is not processed by Floatist
• 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
• 72-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. Booking and Payment Processing

Floatist offers an optional Booking and Payment Processing feature that allows Customers to collect booking payments from guests through Floatist, with Adyen as the underlying payment processor. The following terms apply where the Customer enables this feature.

18.1 Marketplace model. Floatist acts as a marketplace facilitator using Adyen’s platform infrastructure. Guest booking payments are processed by Adyen and received into Floatist’s platform account. Floatist deducts the Platform Application Fee and may retain a reserve to cover potential chargebacks, refunds, negative balances, and other exposures for which Floatist is liable to Adyen. The remainder is routed to the Customer’s Adyen account holder balance and paid out to the Customer in accordance with Adyen’s payout schedule and the Customer’s account settings.

18.2 Adyen account holder. The Customer must create and maintain an Adyen account holder profile and complete Adyen’s onboarding, identity verification, and Know Your Customer (KYC) requirements. The Customer’s use of Adyen is subject to the Adyen for Platforms account-holder terms and onboarding requirements, available at adyen.com/legal, which the Customer accepts directly with Adyen. Floatist is not a party to those agreements and is not responsible for Adyen’s decisions regarding the Customer’s account holder profile (including restrictions, suspensions, or closures).

18.3 Platform Application Fee. A Platform Application Fee applies to each booking processed through Floatist. The rate is agreed in writing with each Customer individually — typically by email at the time the Booking and Payment Processing feature is enabled — and that written confirmation forms part of these Terms. The Platform Application Fee is deducted automatically from each booking payment before funds are routed to the Customer’s Adyen account holder balance. Continued use of the Booking and Payment Processing feature after receipt of the written confirmation constitutes acceptance of the confirmed rate.

18.4 Fee changes. Floatist may adjust the Platform Application Fee rate by giving 60 days’ email notice to the Customer’s account owner. If the Customer objects to the change, they may disable the Booking and Payment Processing feature before the new rate takes effect.

18.5 Refunds, chargebacks, disputes, and negative balances. The Customer is solely responsible for refunds, chargebacks, and dispute resolution with guests. The Customer authorises Floatist and Adyen to deduct refund, chargeback, and dispute amounts (including any associated fees) from the Customer’s future booking payouts. If those amounts exceed the Customer’s available balance and result in a negative balance, the Customer remains liable for the shortfall. Floatist may recover the negative balance from any reserves it holds for the Customer, from the Customer’s future booking payouts, or by invoicing the Customer directly. Any invoice issued under this clause is payable within 7 days.

18.6 Tax and VAT compliance. The Customer is solely responsible for determining, collecting, reporting, and remitting any VAT, sales tax, tourist tax, harbour tax, or other taxes due on bookings in the Customer’s jurisdiction. Floatist does not calculate, withhold, or remit taxes on the Customer’s behalf. The Platform Application Fee is exclusive of VAT; VAT on the Platform Application Fee is handled separately under Section 3.

18.7 Guest payment data. Card data is collected and processed directly by Adyen and does not pass through Floatist’s systems. Floatist stores booking payment status (paid/unpaid, amounts, dates) for booking administration and record-keeping, subject to the retention periods in the Privacy Policy. Guest contact and booking data used in payment flows is processed by Floatist as a Processor on behalf of the Customer under the Data Processing Agreement in Section 17.

18.8 Suspension. Floatist may suspend the Booking and Payment Processing feature for a Customer in the event of suspected fraud, repeated chargebacks, termination of the Customer’s Adyen account holder profile, breach of these Terms, or as required by Adyen or applicable law. Suspension of this feature does not, on its own, terminate the Customer’s underlying Floatist subscription.

18.9 No financial advice. Floatist does not provide legal, tax, or financial advice in connection with bookings or payments. The Customer is responsible for seeking independent advice on its obligations.

Questions? Email us at support@floatist.com.