Terms of Service

These Terms of Service (“Terms”) are a binding contract between you and SmartSail, Inc. (“SmartSail,” “Pathr,” “we,” “us”), operator of the Pathr marine navigation application and related services (the “App”). By creating an account, tapping “I Agree,” or using the App, you accept these Terms and our Privacy Policy. If you do not agree, do not use the App.

App Store Distribution Terms

These Terms apply to the version of the App distributed through Apple's App Store. The following provisions apply notwithstanding anything else in these Terms:

• (a) Acknowledgement. This Agreement is between you and SmartSail, Inc. Apple, Inc. (“Apple”) is not a party to this Agreement and is not responsible for the App or its content.
• (b) Scope of License. SmartSail grants you a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
• (c) Maintenance and Support. SmartSail is solely responsible for any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
• (d) Warranty. SmartSail is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• (e) Product Claims. SmartSail, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• (f) Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, SmartSail, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• (g) Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• (h) Developer Contact. Direct any questions, complaints, or claims with respect to the App to: SmartSail, Inc., 1139 Sutter St, San Diego, CA 92103, USA; team@smartsail.ai.
• (i) Third-Party Terms. You must comply with applicable third-party terms of agreement when using the App.
• (j) Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

1. Eligibility and Accounts

You must be at least 16 years old and able to form a binding contract. You are responsible for your account, for keeping your login email secure, and for all activity under your account.

2. For Guidance and Situational Awareness Only

The App provides routing, charting, weather, and navigation information for general planning, situational awareness, and reference only. This information may be incomplete, inaccurate, delayed, or unavailable, and the routing engine may generate inaccurate, unsafe, or inappropriate suggestions.

The App is NOT a substitute for official nautical charts, prudent seamanship, proper lookout, licensed navigation systems, or onboard navigation equipment, and is not a certified marine navigation system. All routing, heading, and navigation information is advisory only.

You remain solely and entirely responsible for safe navigation of your vessel at all times.

3. Captain Responsibility

You acknowledge that you are the vessel operator; you retain full responsibility for navigation decisions; you are responsible for compliance with COLREGS and all applicable maritime laws; you must maintain a visual lookout at all times; you must verify all routes, headings, and instructions against official charts and onboard instruments; and Pathr does not assume control of your vessel.

4. Autopilot and Helm Integration

If you connect Pathr to an autopilot or helm-control system, all commands are executed at your direction; Pathr does not guarantee safe heading, collision avoidance, or hazard avoidance; you must actively supervise vessel movement and be ready to disengage immediately; and you assume all associated risks.

5. Acceptable Use

You agree not to misuse the App, including by violating law, infringing others' rights, interfering with the service, reverse engineering except as permitted by law, or submitting unlawful or harmful content. You are responsible for content you submit and grant us a license to host and display it to operate the App.

6. Assumption of Risk

Boating and marine navigation are inherently dangerous. By using the App, you voluntarily assume all risks of vessel damage, property damage, grounding, collision, personal injury, death, financial loss, and regulatory violation, whether caused by software error, routing inaccuracy, system malfunction, user error, or otherwise — except to the extent such risk is caused by conduct that applicable law does not permit us to disclaim (see Section 10).

7. No Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including accuracy, fitness for marine navigation, merchantability, non-infringement, and uptime or reliability.

8. Limitation of Liability

To the maximum extent permitted by applicable law, SmartSail, Inc. and its officers, directors, employees, contractors, and affiliates will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, loss of vessel, personal injury, or death, arising out of or relating to the App. Where such liability may be limited, our total cumulative liability will not exceed one hundred U.S. dollars ($100). Some jurisdictions, including California, do not allow certain exclusions or limitations; in those jurisdictions our liability is limited to the smallest amount permitted by law, and nothing here limits liability that cannot be limited under applicable law (see Section 10).

9. Indemnification

To the extent permitted by applicable law, you will indemnify and hold harmless SmartSail, Inc. from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the App, your operation of a vessel, or any third-party claim related to your navigation decisions.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except where superseded by mandatory law of your place of residence. Except where prohibited by law, any dispute will be resolved by binding individual arbitration administered in Delaware, and you and SmartSail waive the right to a jury trial and to participate in any class or representative action. Nothing here prevents either party from bringing a claim in small claims court or limits a non-waivable right to bring a claim in your home jurisdiction.

11. California Residents

If you are a California resident, this Section controls over any conflicting term above:

• Nothing in these Terms waives or limits any right that cannot be waived or limited under California law.
• Under California Civil Code § 1668, nothing exempts SmartSail from liability for its own fraud, willful injury to the person or property of another, or violation of law, whether willful or negligent. The warranty disclaimers, release, assumption of risk, and limitation of liability above do not apply to the extent § 1668 prohibits.
• Your privacy rights under the CCPA/CPRA are described in our Privacy Policy and are not waived by these Terms.
• Civil Code § 1789.3 notice: You may contact us at team@smartsail.ai or SmartSail, Inc., 1139 Sutter St, San Diego, CA 92103. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

12. Termination

You may stop using the App and delete your account at any time. We may suspend or terminate access if you violate these Terms or to protect the service or other users. Sections that by their nature should survive (disclaimers, limitation of liability, indemnification, governing law) survive termination.

13. Changes to These Terms

We may update these Terms. Material changes will be presented in the App for your acceptance and reflected by a new version number and date. Continued use after an update means you accept the updated Terms.

14. Contact

SmartSail, Inc.
1139 Sutter St, San Diego, CA 92103, USA
team@smartsail.ai