General Terms and Conditions of Smartboatia GmbH

§ 1 Scope and Contracting Parties

(1) These General Terms and Conditions (T&C) apply to all contracts between Smartboatia GmbH, Teutendorfer Weg 37, 23570 Lübeck, Germany (hereinafter “Smartboatia”), and its customers who purchase or use Smartboatia products or services through the online shop at smartboatia.com or through other channels.

(2) Consumers within the meaning of these T&C are natural persons who enter into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature (§ 13 of the German Civil Code, BGB).

(3) Business Customers within the meaning of these T&C are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or self-employed professional activity when entering into the legal transaction (§ 14 BGB). Clauses expressly marked “For Business Customers” apply exclusively to business customers and deviate from the statutory provisions applicable to consumers.

(4) Smartboatia does not accept any conflicting or deviating terms and conditions of the customer unless Smartboatia has expressly agreed to their applicability in writing.

(5) Smartboatia® is a registered EU trademark (EUIPO, No. 019224523) of Smartboatia GmbH.

§ 2 Subject Matter and Formation of Contract

2.1 Subject Matter

Smartboatia offers the following products and services:

• Smartboatia Hub (one-time hardware purchase): An on-board device for capturing and processing boat sensor data.
• Smartboatia App (Free Tier, free digital service): Mobile app for iOS and Android.
• Subscriptions (digital service, paid): Paid upgrades that unlock additional features for the Hub, App, and cloud services. The current subscription offerings are available in the online shop.
• Accessories (where available): Additional hardware products.

The service description is determined by the respective product descriptions in the online shop at the time of ordering.

2.2 Customer Account

(1) A Smartboatia customer account is optional for the purchase of the Smartboatia Hub and accessories; creating an account simplifies order processing and allows access to the contract text.

(2) A Smartboatia customer account is required for the Standard Subscription, as the subscription is linked to the account and the use of cloud services requires authentication. Registration is free of charge.

(3) The processing of account data is governed by the Privacy Policy (§ 14).

2.3 Formation of Contract

(1) The presentation of products and services in the online shop does not constitute a binding offer, but an invitation to submit an offer (invitatio ad offerendum).

(2) You may select products from our range — in particular the Smartboatia Hub, App subscriptions, and accessories — and add them to a shopping cart using the “Add to Cart” button. By clicking the “Buy Now” button, you submit a binding, payment-obligating request to purchase the items in your cart. You may review and amend your details at any time before submitting your order. The order process can only be completed if you confirm, by ticking the relevant checkbox, that you have read and agree to the General Terms and Conditions and the Withdrawal Policy.

(3) As Smartboatia processes orders automatically, the contract is formed upon completion of the order process via the “Buy Now” button. Smartboatia will promptly send you an Order Confirmation by email documenting the conclusion of the contract and the key contract details (order summary and T&C), which you may print. If you have a customer account, the contract text is stored there in a data-protection-compliant manner.

(4) For the Standard Subscription, the provision of the digital service begins immediately after activation at your express request. You will be informed in advance of the consequences for your right of withdrawal and must expressly agree (see § 6.3).

(5) The language of contract is German. An English translation of these T&C is informally available; in the event of discrepancies, the German version shall prevail. The T&C are available at any time at smartboatia.com/terms.

2.4 Dealer Sales

(1) Smartboatia also distributes the Smartboatia Hub through authorised dealers. If an end customer purchases the Hub from a dealer, the purchase contract for the Hub is concluded exclusively between the end customer and the dealer. Smartboatia is not a party to this purchase contract.

(2) Warranty claims regarding the purchased device shall be directed against the dealer as the seller. Smartboatia provides dealers with a service interface to support technical assistance.

(3) The licence to use the Smartboatia App, Firmware, and cloud services (§ 9) is always granted directly by Smartboatia to the end customer. An independent licence agreement is thereby concluded between Smartboatia and the end customer.

(4) Subscriptions are concluded exclusively and directly between the end customer and Smartboatia. Dealers are not authorised to offer or conclude subscriptions in their own name or for their own account.

(5) The Hub is sold exclusively under the Smartboatia brand. Rebranding, white-label distribution, or any other removal of trademarks by the dealer is not permitted.

(6) The relationship between Smartboatia and the dealer (B2B) is governed primarily by the provisions of a separate Dealer Agreement, where concluded. These T&C apply supplementarily and in the absence of such an agreement — in particular the clauses applicable to business customers.

§ 3 Prices, Payment, and Due Date

(1) All prices are stated in euros and include the applicable statutory German VAT. The prices displayed on our website at the time of ordering shall apply.

(2) Accepted payment methods:

Business customers may purchase by invoice upon separate request and subject to individual assessment by Smartboatia; this option is not available through the online shop.

When using Apple Pay or Google Pay, an express checkout process is available that simplifies the ordering procedure. These T&C apply in full to express checkout; acceptance of the T&C and withdrawal policy forms part of the order process.

(3) The purchase price is due immediately upon conclusion of the contract. Subscription fees are charged in advance at the beginning of each billing period. The payment method stored in the customer account may be changed at any time.

(4) The subscription renews automatically for the same term unless cancelled in due time before the end of the current period (see § 11).

(5) In the event of default, consumers owe default interest at a rate of 5 percentage points above the base rate (§ 288(1) BGB).

(6) Smartboatia may issue promotional codes and voucher codes that can be redeemed at checkout and reduce the purchase price accordingly. Unless expressly stated otherwise, voucher codes are for single use only, non-transferable, cannot be combined with other discounts, and cannot be exchanged for cash. Expired or invalid codes will not be accepted. The applicable conditions are set out in the respective promotional offer.

§ 4 Delivery and Shipping (Smartboatia Hub)

(1) Smartboatia delivers the Hub free of shipping charges within the European Union via DHL.

(2) Delivery times following order confirmation and receipt of payment are typically:

• Germany: 5–7 business days
• Rest of EU: up to 14 business days

A binding commitment to a specific delivery date is only made upon express written agreement. Delivery times may vary depending on the destination country and availability.

(3) The risk of accidental loss or accidental deterioration of the goods passes to consumers only upon handover of the goods. In the event of loss in transit, Smartboatia will arrange a replacement delivery or refund the purchase price.

(4) In the event that the goods are unavailable, Smartboatia will notify the customer without delay and refund any payments already made promptly.

(5) Pre-orders may be possible for individual products that are temporarily out of stock. In such cases, the estimated delivery date will be shown on the product page and during the ordering process. The contract is also formed upon completion of the ordering process for pre-orders. If the announced delivery date is significantly delayed, Smartboatia will notify the customer without delay; in that case, the customer has the right to cancel the order free of charge and will receive a full refund of any purchase price already paid.

§ 5 Retention of Title

(1) The delivered hardware (Smartboatia Hub and accessories) remains the property of Smartboatia until the purchase price has been paid in full.

§ 6 Right of Withdrawal

This section applies exclusively to consumers.

6.1 Statutory Right of Withdrawal for the Purchase of Goods

As a consumer, 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 on which you or a third party designated by you, other than the carrier, takes possession of the goods.

To exercise your right of withdrawal, please notify Smartboatia — Smartboatia GmbH, Teutendorfer Weg 37, 23570 Lübeck, Germany, e-mail: info@smartboatia.com — of your decision to withdraw from this contract by means of an unambiguous statement (e.g. by email).

The goods must be returned without delay, and in any event no later than 14 days from the date on which you notify us of your withdrawal. You bear the direct return shipping costs. Smartboatia will refund all payments received without delay, and in any event no later than 14 days from the day on which Smartboatia receives notification of your withdrawal. Smartboatia may withhold the refund until it has received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier. Smartboatia will use the same means of payment as you used for the original transaction.

The complete notice of right of withdrawal is contained in Annex A and forms part of these T&C.

6.2 30-Day Right of Return for the Smartboatia Hub

In addition to your statutory right of withdrawal, Smartboatia grants you a voluntary right of return of 30 days from receipt of the goods when you purchase the Smartboatia Hub directly from Smartboatia. It does not apply to purchases through dealers (§ 2.4), accessories or third-party devices. Installation and use on board are expressly permitted during this period. Smartboatia does not require compensation for any diminished value resulting from proper installation and use, including in the event of withdrawal under 6.1. The Hub must be returned undamaged and complete; damage caused by improper installation is excluded. To return the Hub, you must notify us by email within the period that you are returning it, briefly state the reason and give your order number. A return under 6.2 is only effective if your notice reaches us within the period and includes the order number; without the order number we cannot match the return to your order or refund your payment. A withdrawal under 6.1 does not require an order number. Return shipping and return shipping costs are governed by 6.1. The purchase price is refunded to the same payment method no later than 30 days after the Hub reaches us; during this time we check that it is undamaged and complete. If you send your return notice within the statutory withdrawal period, it also counts as a withdrawal under 6.1, even without an order number, and 6.1 governs the refund. Your statutory right of withdrawal and warranty rights remain unaffected.

6.3 No Right of Withdrawal for the Standard Subscription

The right of withdrawal lapses for the Standard Subscription in accordance with § 356(5) BGB, as the provision of the digital service has begun at your express request before the expiry of the withdrawal period, and you have expressly agreed to the lapsing of the right of withdrawal prior to activation.

§ 7 Statutory Warranty

(1) Statutory defect rights apply to the Smartboatia Hub. The warranty period for consumers is two years from delivery (§§ 434 et seq. BGB).

(2) The Standard Subscription and App (digital products) are subject to the provisions of §§ 327 et seq. BGB.

(3) A manufacturer’s guarantee beyond the statutory warranty exists only where expressly confirmed in the order confirmation.

§ 8 Liability

8.1 Unlimited Liability

Smartboatia is liable without limitation for damages arising from injury to life, body, or health, for damages caused by wilful intent or gross negligence, under the German Product Liability Act (Produkthaftungsgesetz), as well as for assumed guarantees and cases of fraudulent intent.

8.2 Liability for Minor Negligence

In cases of minor negligence, Smartboatia is only liable for breach of essential contractual obligations (cardinal obligations) — those whose fulfilment is necessary for the proper performance of the contract and on whose observance the customer may regularly rely. In such cases, liability is limited to the foreseeable, contract-typical damage at the time of conclusion of the contract, and in any event to the value of the individual order concerned (Hub: purchase price; Subscription: value of the current billing period).

8.3 Exclusions of Liability

To the extent permitted by law, Smartboatia is not liable for:

• indirect damages, consequential damages, and loss of profit;
• loss of data, to the extent that the damage could have been avoided by reasonable data backup measures taken by the customer;
• failures or errors of third-party services (AWS, Apple App Store, Google Play Store, mobile networks, nautical chart data sources);
• erroneous or missing data from third-party instruments on the NMEA 2000 bus;
• missed or delayed remote notifications due to absent or unreliable internet connectivity;
• connectivity failures caused by the boat’s hull material (aluminium, steel) or interference from the customer’s on-board electrical system.

8.4 Representatives and Vicarious Agents

The limitations in sections 8.1 to 8.3 also apply in favour of Smartboatia’s legal representatives and vicarious agents if claims are brought directly against them.

8.5 For Business Customers

As against business customers, liability for gross negligence is also limited to the foreseeable, contract-typical damage.

§ 9 Licence and Usage Rights

(1) Smartboatia grants the customer a non-exclusive, non-transferable, revocable right to use the Smartboatia App, the Hub firmware, and the cloud services, limited to personal, non-commercial use within the scope of the contractual purpose.

(2) The right to use Standard features is tied to an active subscription and lapses upon its termination.

(3) The following are expressly prohibited:

• decompiling, disassembling, or reverse engineering the software;
• creating derivative works;
• transferring, selling, sublicensing, or renting the software to third parties;
• removing or altering copyright or licence notices;
• using the software or generated data (in particular polar data, AI analyses) to develop competing products or services;
• accessing the Smartboatia API or infrastructure via unauthorised clients or interfaces.

(4) The customer acknowledges that the App is distributed via the Apple App Store and Google Play Store, and that their terms of use additionally apply.

§ 10 Customer Obligations

(1) The customer undertakes to provide accurate and complete information upon registration and to keep it up to date.

(2) Access credentials must be kept confidential. If you suspect misuse, you must notify Smartboatia without delay by email at info@smartboatia.com.

(3) The customer is solely responsible for the proper installation and compatibility of third-party instruments connected to the NMEA 2000 bus.

(4) The customer undertakes to secure the on-board network with a strong Wi-Fi password. Smartboatia accepts no liability for damages caused by security vulnerabilities in the customer’s on-board network.

(5) Use of the system for commercial purposes (e.g. as part of a charter operation or for the marketing of boats) is only permitted under a separate B2B agreement with Smartboatia. Enquiries may be directed to info@smartboatia.com. Use for the development of competing products is generally prohibited.

(6) Automated access to the Smartboatia API or infrastructure is prohibited without express authorisation.

§ 11 Term and Termination (Standard Subscription)

(1) The Standard Subscription is open-ended and may be cancelled at any time with effect from the end of the current billing period. There is no right to a pro-rata refund for unused portions of the current period.

(2) Cancellation may be effected via the App or by email to info@smartboatia.com.

(3) Upon expiry of the subscription, Standard features will be deactivated. From that point on, the Free Tier storage conditions apply (paragraph 4): cloud data will be reduced to a rolling window of 3 months; older data will be deleted.

(4) In the Free Tier, cloud data is continuously limited to a rolling 3-month window; older data is automatically deleted.

(5) Upon account deletion, all stored cloud data will be permanently deleted within 30 days of account deactivation.

(6) The right to termination for good cause remains unaffected for both parties. Smartboatia is entitled in particular to terminate the contractual relationship for good cause if the customer is in breach of these T&C or applicable law.

§ 12 Service Changes

(1) Smartboatia operates the cloud services on a best-effort basis, aiming for approximately 99% availability. No binding SLA is guaranteed. Smartboatia reserves the right to carry out scheduled maintenance windows.

(2) Smartboatia is entitled to adapt or restrict the scope of Free Tier features with at least 30 days’ notice.

(3) Material changes to the scope of the Standard Subscription will be communicated to the customer in good time; the customer has a special right of termination in such cases.

(4) OTA firmware updates may temporarily affect the availability of certain features. Failed or interrupted updates may temporarily place the Hub in a restricted state. Smartboatia is not liable for update-related functional limitations, unless caused by wilful intent or gross negligence.

(5) Smartboatia regularly provides software updates for Hub firmware, App, and cloud services. Access to free updates is included within the scope of the respective product or subscription; updates may alter or expand the feature set. New paid features or subscription models will be offered as separate options and will not be charged to existing customers automatically — their acquisition requires an active decision by the customer. Existing subscriptions and their scope are not affected by the introduction of new tiers or features.

(6) Amendments to these T&C will be communicated to the customer via the App. Upon first launch of the App following publication of amended T&C, the customer will be prompted to give active consent; continued use of the App requires this consent. The consent is recorded with a timestamp in the customer account. If the customer does not consent to the amended T&C, they are entitled to terminate the contractual relationship with immediate effect; Smartboatia is similarly entitled to terminate in that case.

§ 13 Maritime Safety Notices

The Smartboatia system is a technical decision-support tool for recreational sailors. It does not under any circumstances replace good seamanship (§ 1 SeeSchStrO), the responsibility of the skipper, or the use of approved navigation aids. The system also works as a local on-board system without an internet connection. Remote monitoring, remote alerts, and data sharing with friends require an active internet connection on both the boat (on-board Wi-Fi or LTE-NB with a subscription) and the receiving device. LTE-NB requires an active subscription and mobile network coverage at the vessel’s location; notifications may be delayed by up to 5 minutes. Nautical chart data is not approved for official navigation and does not replace current official documents. Smartboatia’s liability for damages arising from use or failure of the system is limited to what is mandated by applicable mandatory law.

13.1 Feature-Specific Notices

Anchor Watch / Geofencing: The anchor watch function is a technical aid and not a substitute for a personal anchor watch. Smartboatia accepts no liability for damages caused by connectivity interruptions, GPS inaccuracies, or false alarms. The skipper bears sole responsibility for the safe anchoring of the vessel. The anchor watch and all remote alert functions of the system are designed solely as supplementary technical aids. They must not be used as a primary safety device and are not a substitute for approved emergency and rescue equipment. The absence of a notification does not give rise to any liability on the part of Smartboatia.

Battery Voltage Monitoring: The system provides indicative values for guidance. Readings may deviate due to installation conditions and connectivity interruptions. Smartboatia accepts no liability for damage caused by deep discharge, failure to start, or other consequences arising from system readings.

GPS Position Data: GPS data is subject to inherent inaccuracies. The system is not approved for official navigation. Position data must not be used as the sole basis for navigation decisions.

Automatic Logbook — Raw Data, Derived States, and User Entries:

The Smartboatia Hub continuously and immutably records primary data — including GPS position, date and time, speed over ground (SOG), and other NMEA 2000 signals — locally on the device. These raw data are not modified after recording. They are suitable as documentation of voyage history and vessel movements, for example for insurance purposes, in the investigation of maritime incidents, or in response to official enquiries. The admissibility of this data as evidence in any specific proceedings depends on the circumstances of the individual case and the applicable law; Smartboatia provides no guarantee in this regard.

Derived operating states (e.g. engine running, sailing, anchoring, moored) are determined from the raw data using machine-learning methods. The model learns locally and vessel-specifically from manual logbook entries made by the user, to improve recognition accuracy. These derived states may contain recognition errors and do not alone constitute legal proof.

User entries (e.g. crew details, text notes) are editable by the user and are identifiable as such. They do not form part of the immutably recorded primary data.

Trim recommendations, polar calculations, and other AI-based analyses are non-binding guidance. The system does not replace the maintenance of a legally required ship’s logbook. All system outputs must be assessed under the user’s own responsibility.

NMEA 2000 Bus Data: The quality of data depends on the third-party instruments connected to the bus. Smartboatia accepts no liability for erroneous or missing data from third-party instruments.

Hull Material Interference: On boats with aluminium or steel hulls, the reception quality of LTE-NB and GPS may be impaired by shielding effects of the hull.

13.2 Nautical Chart Data

Nautical chart data (Germany: BSH data; USA: NOAA data) is not approved for official navigation. Currency and completeness are not guaranteed. Before any voyage, current official documents (NtM — Notice to Mariners) must be consulted through official channels. Smartboatia accepts no liability for damages caused by outdated, incomplete, or incorrect chart data.

13.3 Product Certification

The Smartboatia Hub carries the CE mark (EMC Directive 2014/30/EU, Radio Equipment Directive 2014/53/EU, RoHS Directive 2011/65/EU). It is not an approved navigation or safety system within the meaning of maritime regulations (e.g. SOLAS, BSH type approval). It is a leisure product for private use. NMEA 2000® is a registered trademark of the NMEA Foundation; the Smartboatia Hub is not certified by the NMEA Foundation.

13.4 Emergency Communication and Rescue Equipment

The Smartboatia Hub and the Smartboatia App are not emergency or rescue systems. In particular, the system is not an EPIRB (Emergency Position Indicating Radio Beacon), not a PLB (Personal Locator Beacon), and not a VHF marine radio within the meaning of the GMDSS regulations. The system cannot be used to alert or contact maritime rescue coordination centres or emergency services.

The user is obliged to always carry on board, and keep in working order, the safety and emergency equipment prescribed or recommended for the waters navigated and the vessel class (in particular DSC-standard VHF marine radio, an EPIRB or PLB, and other rescue equipment in accordance with the applicable national and international regulations). Smartboatia accepts no liability for damages arising from the user having used the Smartboatia system in place of approved emergency or rescue equipment, or having relied on it.

13.5 Distraction and Vessel Handling

Using the Smartboatia App while actively handling the vessel may impair the skipper’s attention and requires increased care. Reading displays or operating the app during navigation does not relieve the skipper of the duty to navigate the vessel carefully and prudently in accordance with § 1 SeeSchStrO and the applicable national maritime regulations. The helm or steering system of the vessel must never be left unattended.

Smartboatia accepts no liability for damages caused by the skipper’s distraction resulting from use of the app, attention to system displays, or waiting for notifications.

§ 14 Data Protection and Data Ownership

(1) The processing of personal data is governed by our Privacy Policy, available at smartboatia.com/privacy-policy and forming part of these T&C. The legal basis for data processing in connection with contract performance is Art. 6(1)(b) GDPR.

(2) Boat data captured by the Hub belong to the customer. Smartboatia processes them exclusively for the purpose of providing the contractual service.

(3) Smartboatia is entitled to use anonymised and aggregated fleet data for product improvement and AI training, provided that no inference to individual persons or vessels is possible.

(4) Individual polar data are calculated exclusively from the data of the respective vessel. No other user has access to this data.

(5) Voluntary participation in the ocean research programme — collection and anonymised transmission of environmental data (wind, air pressure, GPS, water temperature) to scientific partners — is based on a separate consent given at onboarding that may be revoked at any time. Details are set out in the Privacy Policy.

§ 15 Disposal Notice (Electrical Equipment)

The Smartboatia Hub is an electrical device within the meaning of the German Electrical and Electronic Equipment Act (ElektroG / WEEE) and must not be disposed of in household waste. Defective or no longer needed devices may be returned to Smartboatia free of charge or handed in at an official collection point. For further information, visit smartboatia.com/disposal.

§ 16 Final Provisions

(1) Severability: Should any provision of these T&C be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid one.

(2) Language of Contract: The language of contract is German. This English translation is informally available; in the event of discrepancies, the German version shall prevail.

(3) Privacy Policy: smartboatia.com/privacy-policy

(4) Legal Notice / Imprint: smartboatia.com/imprint

(5) Jurisdiction: For merchants and legal entities under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Lübeck, Germany. For consumers, the statutory place of jurisdiction of their place of residence applies; this applies in particular within the framework of EU consumer law.

(6) Governing Law: The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the application of mandatory provisions — in particular of the country in which the customer as a consumer has their habitual residence — remain unaffected.

(7) Consumer Dispute Resolution (§ 36 VSBG): Smartboatia is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Annex A – Notice of Right of Withdrawal

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 on which you or a third party designated by you, other than the carrier, took possession of the goods.

To exercise your right of withdrawal, you must notify us (Smartboatia GmbH, Teutendorfer Weg 37, 23570 Lübeck, Germany, e-mail: info@smartboatia.com) 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 model withdrawal form provided below, but this is not mandatory.

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

Consequences of Withdrawal

If you withdraw from this contract, we will repay all payments we have received from you, without undue delay and in any event no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment as you used for the original transaction unless expressly agreed otherwise; in any event, you will not incur any charges as a result of such repayment.

We may withhold the refund until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the fourteen-day period has expired.

You bear the direct cost of returning the goods.

You are only required to compensate us for any diminished value of the goods if that diminished value is the result of handling the goods in a way that is not necessary to establish their nature, characteristics, and functioning.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Smartboatia GmbH, Teutendorfer Weg 37, 23570 Lübeck, Germany, info@smartboatia.com

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the purchase of the following goods (*)/provision of the following service (*)

Ordered on (*)/received on (*): ___________________________

Name of consumer(s): ___________________________

Address of consumer(s): ___________________________

Signature of consumer(s) (only for paper-based notifications): ___________________________

Date: ___________________________

(* Delete as appropriate.)