Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Aquavora LLC ("Aquavora," "we," "us," or "our") regarding your use of the Aquavora platform, including our website, mobile applications, and all related services (collectively, the "Platform" or "Services").

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Effective Date" above. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

These Terms incorporate by reference our Privacy Policy and the following additional policies:

• Payments & Payouts Policy
• Cancellation Policy
• Damage Protection Policy
• Reviews & Profile Policy

Aquavora operates as an online marketplace that connects boat owners ("Owners") with individuals seeking to rent boats ("Renters"). Our Platform facilitates:

• Listings: Allowing Owners to list their boats for hourly rental
• Discovery: Enabling Renters to search and find suitable boats
• Bookings: Processing booking requests and instant bookings
• Payments: Facilitating secure payments through Stripe Connect
• Communication: Providing messaging tools for coordination
• Dispute Resolution: Mediating disputes within defined processes

Separate Agreements Between Users: All rental agreements are exclusively between Owners and Renters. You acknowledge that any separate rental agreement, waiver, or terms provided by an Owner may place additional restrictions on your booking.

While we may provide tools such as booking systems, payment processing, and messaging features, these tools are provided solely for user convenience. We are not responsible for the actions, omissions, or conduct of any Owner or Renter.

You further represent and warrant that:

• You possess the legal capacity to enter into binding contracts
• You are not barred from using the Platform under applicable law
• You will comply with these Terms and all applicable laws
• All information you provide is accurate, current, and complete
• If acting on behalf of an entity, you are authorized to bind that entity

3.2 Account Registration and Security

To access certain features of the Platform, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your password and account
• Notify us immediately of unauthorized access or security breaches
• Accept responsibility for all activities under your account
• Not share your account credentials with others
• Not create multiple accounts or false identities

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Abusive conduct toward other users
• Non-payment of approved damage claims
• Repeated cancellations or booking violations
• Provision of false or misleading information

Aquavora offers two types of booking methods:

4.2 Hourly Rental System

All Aquavora bookings are made on an hourly basis. Owners set their hourly rates and minimum/maximum rental durations. You agree to:

• Return the boat at the agreed-upon time
• Respect minimum and maximum hour requirements
• Pay for the actual hours booked
• Comply with the boat's availability schedule

4.3 Booking Confirmation and Contracts

When a booking is confirmed (either instantly or after owner approval), a binding rental agreement is formed directly between the Owner and Renter. Aquavora is not a party to this agreement but facilitates the transaction.

4.4 Booking Modifications

Changes to confirmed bookings (date, time, duration) require mutual agreement between Owner and Renter. Aquavora does not guarantee that modifications will be accommodated and cannot force either party to agree to changes.

4.5 No Guarantee of Availability

We do not guarantee that boats will be available at advertised dates, times, or prices. Owners may cancel bookings, boats may become unavailable due to mechanical issues, and weather conditions may necessitate cancellations. See Section 6 for cancellation terms.

All payments are processed securely through Stripe Connect. By making a booking, you authorize Aquavora to charge your payment method for:

• The rental fee (hourly rate × duration)
• Service fees as described below
• Applicable taxes
• Any additional fees disclosed at booking

5.2 Fee Structure

5.3 Payment Authorization

By providing payment information, you authorize Aquavora and Stripe to:

• Charge your payment method for all fees
• Verify card validity with nominal test charges
• Hold funds for request-to-book approvals
• Process refunds according to our policies
• Store payment information securely for future bookings

5.4 Owner Payouts

Owners enrolled in Stripe Connect will receive automatic payouts according to the following schedule:

• Processing Period: 3 days after booking completion
• Minimum Threshold: $25 per payout
• Payment Method: Direct bank deposit
• Earnings: 90% of rental fee (platform keeps 10%)

5.5 Taxes

You are responsible for all applicable taxes related to your use of the Platform. Aquavora may collect and remit certain taxes on behalf of Owners where required by law, but ultimate tax responsibility remains with users. See our Taxes & 1099 Policy for complete information.

5.6 Direct Payment Prohibition

Each boat listing operates under one of three cancellation policies chosen by the Owner: Flexible, Moderate, or Strict. The applicable policy is clearly displayed on each listing and in booking confirmations.

6.2 Owner-Initiated Cancellations

If an Owner cancels a confirmed booking:

• Renter receives: 100% refund of rental fee (service fees still non-refundable)
• Owner penalty: $25 if cancelled 24+ hours before, $50 if less than 24 hours
• Emergency exemptions: Available for severe weather, mechanical failure, or medical emergencies with admin approval and documentation

6.3 Weather and Safety Cancellations

Aquavora does not make weather or safety decisions. Owners have sole authority to cancel bookings for safety reasons, including:

• Severe weather warnings or dangerous conditions
• Unsafe water conditions (high waves, flooding, ice)
• Mechanical issues affecting safety
• Local emergency restrictions or marina closures

When an Owner cancels for legitimate safety reasons, renters receive a full 100% refund of the rental fee (service fees remain non-refundable).

6.4 Refund Processing

Approved refunds are processed automatically through Stripe and typically appear in your account within 5-10 business days, depending on your financial institution.

Aquavora provides a limited damage protection system to facilitate resolution of minor damage claims between Owners and Renters. This system:

• Covers minor damage, cleaning fees, and small equipment issues
• Requires claims within 48 hours of rental completion
• Includes professional admin review within 48 hours
• Provides a 5-day dispute window with evidence submission
• Enforces a 7-day payment grace period for approved claims

7.2 Claim Process

For Owners:

• Submit claims within 48 hours with photo evidence
• Provide detailed damage descriptions
• Pay Stripe processing fees on approved claims
• Accept admin decisions as final

For Renters:

• 5-day window to dispute claims with counter-evidence
• 7-day grace period to complete payment
• Pay exactly the approved claim amount (no hidden fees)
• Account restrictions apply for non-payment

7.3 Account Restrictions for Non-Payment

7.4 Financial Transparency

Aquavora earns $0 revenue from damage claims. We facilitate the process only:

• Renters pay the exact approved claim amount
• Owners receive the claim amount minus Stripe fees (~2.9% + $0.30)
• Platform provides admin review and secure payment processing
• No hidden fees or markups

As a boat Owner listing on Aquavora, you represent, warrant, and agree to the following:

Ownership and Authorization

• You are the legal owner of the boat OR have explicit authorization from the owner to list and rent the boat
• You have all necessary rights, licenses, and permits to rent the boat
• The boat is not subject to liens, encumbrances, or legal restrictions preventing rental

Safety and Condition

• The boat is in safe, operational condition and suitable for rental
• All required safety equipment is present and functional
• The boat meets all applicable safety and regulatory standards
• You will perform regular maintenance and safety inspections
• You will disclose any known defects, issues, or limitations

Legal Compliance

• You comply with all federal, state, and local laws regarding boat rental
• You maintain all required registrations, permits, and licenses
• You comply with tax obligations and reporting requirements
• You adhere to local boating regulations and restrictions

8.2 Listing Accuracy

You agree that all information in your boat listing is accurate, complete, and current, including:

• Boat specifications, capacity, and features
• Photos that accurately represent the current condition
• Pricing, availability, and rental terms
• Location and pickup instructions
• Captain requirements and preferences
• Cancellation policy selection

8.3 Renter Screening and Approval

For request-to-book listings, you are responsible for:

• Reviewing booking requests within 24 hours
• Evaluating Renter qualifications and experience
• Approving or denying requests based on legitimate criteria
• Not discriminating based on protected characteristics

8.4 Renter Safety and Supervision

8.5 Communication and Responsiveness

You agree to:

• Respond promptly to booking inquiries and messages
• Provide clear pickup/return instructions
• Be available for questions during the rental period
• Notify renters immediately of any issues or changes
• Coordinate with renters for weather or emergency situations

8.6 Insurance Requirements

Strongly Recommended: Owners are strongly encouraged to maintain comprehensive marine insurance coverage, including:

• Hull and machinery coverage
• Liability protection for guest operators
• Commercial or peer-to-peer rental endorsements
• Weather and theft protection

See Section 10 for detailed insurance information.

9.2 Pre-Rental Inspection and Orientation

Before operating the boat, you agree to:

• Conduct a thorough inspection of the boat's condition
• Participate in the Owner's safety briefing and orientation
• Review and understand all boat systems and equipment
• Ask questions about anything unclear or concerning
• Document any pre-existing damage with photos
• Review and sign any additional rental agreements or waivers

9.3 Safe Operation and Care

During the rental period, you agree to:

• Operate the boat safely and responsibly
• Comply with all boating laws and regulations
• Respect posted speed limits and no-wake zones
• Monitor weather conditions and return if unsafe
• Ensure all passengers wear provided life jackets
• Not operate the boat while intoxicated or impaired
• Stay within any geographic restrictions specified by the Owner
• Maintain the boat in clean and sanitary condition

9.4 Prohibited Activities

9.5 Return Condition

You are responsible for:

• Returning the boat at the agreed-upon time
• Returning the boat in the same condition as received (normal wear excepted)
• Removing all personal belongings and trash
• Refueling if required by the rental agreement
• Reporting any damage or issues immediately
• Participating in a post-rental inspection

9.6 Emergency Procedures

In the event of an emergency:

• Contact emergency services (911) immediately if there are injuries or imminent danger
• Contact the boat Owner as soon as safely possible
• Follow all safety procedures reviewed during orientation
• Document the incident with photos and written notes
• Do not admit fault or make statements about liability
• Notify Aquavora through the Platform messaging system

Our limited damage protection system is designed to facilitate resolution of minor damage claims only. It:

• Covers: Minor scratches, cleaning fees, small equipment damage (typically under $500-$2000 depending on Owner's limit)
• Does NOT Cover: Major damage, total loss, personal injury, theft, weather damage, mechanical failures, liability claims

10.2 Third-Party Insurance Disclaimer

Aquavora is not a party to any insurance contracts facilitated through third-party insurance providers. If we provide links to insurance providers, we are merely facilitating access and are not endorsing, recommending, or acting on behalf of any insurer or insured party.

10.3 Strongly Recommended: Comprehensive Insurance

10.4 Assumption of Risk

10.5 Captain Services Recommendation

Many boats on Aquavora offer captain services (required or optional). Hiring an experienced captain can:

• Significantly reduce risk of accidents and damage
• Provide professional navigation and safety expertise
• Offer local knowledge and emergency preparedness
• Enhance the rental experience with stress-free operation

Owners offering captain services often have lower damage claim rates and enhanced insurance options.

You agree that you will NOT engage in any of the following prohibited activities:

Platform Circumvention

• Sharing contact information to facilitate off-platform transactions (email, phone, social media)
• Direct payments between Owners and Renters outside of Aquavora
• Duplicate bookings to avoid platform fees
• False cancellations to rebook outside the platform

Fraud and Misrepresentation

• Providing false information in listings, bookings, or communications
• Using false identities or creating multiple accounts
• Submitting false damage claims or dispute evidence
• Disputing valid charges with credit card companies without following proper procedures
• Making speculative or fraudulent bookings

Harmful Content and Behavior

• Uploading infringing, obscene, threatening, or illegal content
• Harassment, discrimination, or abusive conduct toward other users
• Sending spam, viruses, or harmful code
• Violating intellectual property rights
• Violating privacy rights of other users

Platform Abuse

• Interfering with or disrupting Platform functionality
• Attempting unauthorized access to systems or accounts
• Scraping, mining, or extracting data from the Platform
• Using automated tools (bots, spiders) without permission
• Circumventing security measures or access restrictions
• Reverse engineering or copying Platform features

Illegal Activities

• Using boats for illegal purposes or criminal activity
• Violating local, state, or federal laws
• Operating boats while intoxicated or impaired
• Renting or operating boats without proper authorization
• Facilitating underage use of boats or alcohol

Review and Rating Manipulation

• Posting false or fraudulent reviews
• Incentivizing positive reviews or retaliating for negative reviews
• Reviewing your own listings or services
• Coordinating with others to manipulate ratings

Consequences of Violations

The Platform and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, and the selection and arrangement thereof) are owned by Aquavora, our licensors, or other providers of such material and are protected by:

• United States and international copyright laws
• Trademark laws
• Patent laws
• Trade secret laws
• Other proprietary rights laws

12.2 Limited License to Use Platform

Subject to your compliance with these Terms, Aquavora grants you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Platform for personal, non-commercial purposes related to booking or listing boats
• Download and print copies of booking confirmations and related documents for your personal records

This license does NOT permit you to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content from the Platform
• Use the Platform for commercial purposes without our express written permission
• Remove or alter any copyright, trademark, or proprietary notices
• Frame, mirror, or deep-link to any portion of the Platform

12.3 User-Generated Content

When you post content on the Platform (listings, photos, reviews, messages, etc.), you grant Aquavora a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to:

• Use, reproduce, modify, adapt, publish, and display such content
• Create derivative works from your content
• Distribute your content on and through the Platform
• Use your content for marketing and promotional purposes

You represent and warrant that:

• You own or have the necessary rights to all content you post
• Your content does not violate any third-party rights
• Your content complies with all applicable laws
• You are responsible for all content you post

12.4 Trademarks

AQUAVORA and our logo are trademarks of Aquavora LLC You may not use our trademarks without our prior written permission. All other trademarks appearing on the Platform are the property of their respective owners.

12.5 Copyright Complaints

If you believe content on the Platform infringes your copyright, please contact us at info@aquavora.com with:

• Identification of the copyrighted work
• Location of the infringing content
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury that information is accurate
• Your physical or electronic signature

AQUAVORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• IMPLIED WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

13.2 No Verification or Endorsement

AQUAVORA DOES NOT REPRESENT OR WARRANT:

• That information provided by Owners or Renters is true, accurate, or correct
• That boats will be available at advertised dates, times, locations, or prices
• That boats will be compliant with safety or legal requirements
• That Owners or Renters have appropriate qualifications, licenses, or insurance
• That your use of the Platform will meet your requirements or expectations
• That any information obtained through the Platform will be accurate or reliable
• The identity, conduct, suitability, or qualifications of any users

13.3 No Responsibility for User Conduct

AQUAVORA IS NOT RESPONSIBLE FOR:

• The conduct, actions, or omissions of any Owner or Renter
• The condition, safety, or legality of any boat
• The accuracy of boat listings or availability information
• Disputes between Owners and Renters
• Personal injuries, property damage, or economic losses
• Weather conditions or water hazards
• Mechanical failures or equipment malfunctions

13.4 Third-Party Content and Links

The Platform may contain links to third-party websites or services. AQUAVORA IS NOT RESPONSIBLE FOR:

• The availability, content, or practices of third-party sites
• Products or services offered by third parties
• Any damages arising from your use of third-party sites

IN NO EVENT WILL AQUAVORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, OR AFFILIATES BE LIABLE TO OWNERS, RENTERS, OR ANY THIRD PARTY FOR:

• DIRECT DAMAGES arising from use of the Platform or boat rentals
• INDIRECT DAMAGES of any kind
• INCIDENTAL DAMAGES resulting from Platform use
• CONSEQUENTIAL DAMAGES arising from bookings or rentals
• SPECIAL DAMAGES of any nature
• EXEMPLARY OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR INFORMATION
• COST OF SUBSTITUTE GOODS OR SERVICES

14.2 Specific Exclusions

AQUAVORA IS NOT LIABLE FOR:

• BODILY INJURY, DEATH, OR PROPERTY DAMAGE occurring during boat rentals
• ACCIDENTS, COLLISIONS, OR INCIDENTS involving rented boats
• MECHANICAL FAILURES OR EQUIPMENT MALFUNCTIONS
• WEATHER-RELATED INCIDENTS OR CANCELLATIONS
• THEFT, VANDALISM, OR CRIMINAL ACTS
• CHANGES OR ERRORS IN BOAT LISTINGS OR AVAILABILITY
• CANCELLATIONS BY OWNERS OR RENTERS
• DISPUTES BETWEEN OWNERS AND RENTERS
• FAILURE TO PROVIDE ACCURATE INFORMATION
• UNAUTHORIZED ACCESS TO YOUR ACCOUNT
• PLATFORM INTERRUPTIONS, ERRORS, OR SECURITY BREACHES

14.3 Maximum Liability Cap

14.4 Acknowledgment of Risk

YOU ACKNOWLEDGE AND AGREE THAT AQUAVORA SHALL HAVE NO LIABILITY RELATED TO YOUR BOOKING AND RENTAL OF A BOAT, AND ANY SUCH BOOKING AND/OR RENTAL IS MADE AT YOUR SOLE RISK.

14.5 Basis of the Bargain

You acknowledge that the limitations of liability set forth in this Section 14 are fundamental elements of the agreement between you and Aquavora, and that Aquavora would not provide the Platform without these limitations.

You Indemnify Us For:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any rights of third parties
• Any content you post or submit to the Platform
• Any bookings you make or participate in
• Your operation or use of any boat
• Any disputes with other users
• Any false or misleading information you provide
• Any damage, injury, or loss caused by you or your guests
• Your breach of any separate rental agreements

15.2 Disputes Between Users

15.3 Defense and Settlement

Aquavora reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Aquavora's defense of such claims and not to settle any such matter without Aquavora's prior written consent.

15.4 No Obligation to Mediate

You acknowledge and agree that Aquavora has no obligation to mediate, resolve, or adjudicate disputes between users except as expressly stated in these Terms (such as damage claim admin review). Any dispute resolution services we provide are discretionary and do not create any obligation or liability.

15.5 Survival

Your indemnification obligations under this Section 15 will survive termination of these Terms and your use of the Platform.

16.2 Agreement to Arbitrate

You and Aquavora agree that any dispute, claim, or controversy arising out of or relating to:

• These Terms or the breach, termination, enforcement, interpretation, or validity thereof
• Your use of the Platform or Services
• Your relationship with Aquavora
• Any aspect of your relationship with Aquavora

Shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

16.3 Arbitration Procedures

• Arbitration Forum: American Arbitration Association (AAA) - www.adr.org or 1-800-778-7879
• Rules: AAA Consumer Arbitration Rules in effect at time of filing
• Arbitrator: Single neutral arbitrator selected according to AAA rules
• Location: Hennepin County, Minnesota, unless otherwise agreed
• Governing Law: Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq.
• Award: Arbitrator's decision is final and binding, enforceable in any court

16.4 Class Action Waiver

16.5 Waiver of Jury Trial

16.6 Arbitration Fees

The AAA rules will govern payment of all arbitration fees. Aquavora will pay all arbitration fees for claims less than $10,000, unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose.

16.7 Confidentiality

You agree that any and all communications and evidence related to any dispute resolved by arbitration or mediation shall be held and will remain confidential. You will not take any action that will harm the reputation of Aquavora or lead to unwanted or unfavorable publicity.

16.8 Severability

If any portion of this arbitration agreement is found to be unenforceable, the remainder shall continue in full force and effect. If the class action waiver is found to be unenforceable, then this entire arbitration agreement (except for the small claims court and equitable relief exceptions) shall be null and void.

16.9 Federal Arbitration Act

The parties agree and acknowledge that this arbitration agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement. The FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the State of Minnesota, United States of America, without giving effect to any principles of conflicts of law.

17.2 Exclusive Jurisdiction (For Non-Arbitration Matters)

For any disputes not subject to arbitration (see Section 16), you agree to submit to the personal and exclusive jurisdiction of the courts located in Hennepin County, Minnesota.

The parties expressly exclude the application of:

• The United Nations Convention on Contracts for the International Sale of Goods
• The Uniform Computer Information Transactions Act (UCITA)

17.3 Consent to Jurisdiction

By using the Platform, you:

• Consent to the exclusive jurisdiction of Minnesota courts
• Waive any objection to venue in Hennepin County, Minnesota
• Waive any objection based on forum non conveniens
• Agree that Minnesota is a convenient forum for any disputes

17.4 Arbitration Location

Any arbitration proceedings shall be held in Hennepin County, Minnesota, unless both parties agree to a different location or telephonic/video arbitration.

17.5 Language

The original form of these Terms has been written in English. The parties waive any statute, law, or regulation that might provide an alternative law or forum or require these Terms to be written in any language other than English.