These Terms & Conditions apply to all offers, quotations, orders, deliveries, subscriptions, licences, services, software, hardware and other work provided by YachtEye B.V.
YachtEye B.V. is a private limited liability company incorporated in the Netherlands, registered with the Dutch Chamber of Commerce under number 77403355, with VAT number NL860997388B01, having its registered office at Silodam 256, 1013 AS Amsterdam, The Netherlands.
For questions about these Terms, please contact us at sales@yachteye.com or support@yachteye.com.
In these Terms, the following definitions apply:
Agreement means any agreement between YachtEye and the Client, including these Terms, any quotation, proposal, order confirmation, statement of work, subscription agreement, accepted purchase order or other written agreement.
Client means the legal entity or person purchasing, subscribing to, using or otherwise receiving the YachtEye products or services. Where the order is placed by a captain, management company, owner’s representative, shipyard, integrator, AV/IT provider or other representative, that party confirms that it has authority to bind the relevant yacht, owner or owning entity.
YachtEye, we, us or our means YachtEye B.V.
Platform means the YachtEye guest information platform, including the YachtEye software, apps, web admin environment, onboard server software, content management tools, integrations, APIs and related functionality made available by YachtEye from time to time.
Server means the onboard YachtEye server hardware supplied by YachtEye, usually a Mac mini or other suitable hardware selected by YachtEye.
Apps means the YachtEye applications made available for supported devices, including Apple TV, iPad, iPhone and other supported devices or displays.
Subscription means the annual licence and support subscription for the Platform.
Services means all services provided by YachtEye, including remote commissioning, installation support, software support, technical support, content setup, crew training, consultancy, development, project management, bespoke integrations and related services.
Vessel means the yacht, superyacht or other vessel for which the Platform, Server, Apps, Subscription or Services are supplied.
Client Content means all content, information, materials, images, videos, documents, menus, itineraries, crew profiles, yacht information, logos, text, guest information, vessel data or other materials provided by or on behalf of the Client.
Third-Party Services means third-party systems, APIs, data sources, software, hardware, app stores, weather services, map services, AIS services, yacht data feeds, CCTV systems, NMEA systems, network infrastructure, cloud platforms, internet providers and other services not owned or controlled by YachtEye.
These Terms apply to all offers, quotations, agreements, sales, subscriptions, licences, deliveries and services by YachtEye, unless YachtEye expressly agrees otherwise in writing.
The Client’s own purchasing terms, general terms, supplier terms, purchase order terms or other conditions are expressly excluded, unless YachtEye has expressly accepted them in writing.
If there is a conflict between these Terms and a specific written quotation, order confirmation or agreement signed by YachtEye, the specific written agreement shall prevail only for that specific conflict.
If any provision of these Terms is invalid or unenforceable, the remaining provisions shall remain valid. The invalid or unenforceable provision shall be replaced by a valid provision that reflects the original commercial and legal intention as closely as possible.
The YachtEye Platform is intended for use onboard yachts and related yacht operations as a guest information, entertainment and content platform.
The Platform may be used by owners, guests, captains, crew, yacht managers, owner’s representatives, shipyards, integrators, AV/IT providers and other authorised persons connected to the relevant Vessel.
The Client is responsible for ensuring that only authorised persons are given access to the Platform, Apps, Server, admin environment, content, credentials and related services.
The Platform must be used only for lawful purposes and in accordance with these Terms. The Platform is not intended to be used as a navigation, safety, emergency, security, alarm, operational control or compliance system.
All offers and quotations by YachtEye are non-binding unless expressly stated otherwise in writing.
A quotation is valid for the period stated in the quotation. If no validity period is stated, the quotation is valid for 30 days from the date of issue.
YachtEye may withdraw or amend a quotation before acceptance.
Verbal offers, informal estimates and budget indications are not binding unless confirmed by YachtEye in writing.
Any images, demos, descriptions, specifications, timelines or examples shown by YachtEye are indicative only, unless expressly confirmed as binding in writing.
An Agreement is concluded when YachtEye confirms the order in writing, starts performing the Services, ships hardware, activates a Subscription or otherwise confirms acceptance.
A purchase order from the Client is only binding on YachtEye once accepted by YachtEye in writing.
If the Client places an order through a captain, management company, integrator, shipyard, AV/IT provider, ETO/ITO, owner’s representative or other intermediary, the Client remains responsible for payment and performance of all obligations under the Agreement.
YachtEye provides a guest information platform for yachts. The Platform may include, depending on the agreed package and available functionality:
The exact functionality available to the Client depends on the agreed package, the Vessel’s infrastructure, the Subscription status, available Third-Party Services, supported devices and the technical data made available to YachtEye.
YachtEye may improve, change, update, replace, remove or discontinue features from time to time as part of normal product development, provided that the Platform remains materially consistent with the agreed service.
Unless expressly agreed otherwise in writing, the initial purchase fee and the annual Subscription fee are separate charges. If the first year of Subscription, support or access is included in a specific quotation, this will be stated in that quotation.
Unless otherwise agreed in writing, the initial purchase fee covers the items expressly included in the quotation or order confirmation.
The standard initial purchase may include:
The initial purchase does not include items that are not expressly included, such as:
The annual Subscription gives the Client access to the Platform, updates, support and connected services for the agreed Vessel during the Subscription term.
Unless otherwise agreed, the Subscription is licensed per Vessel and may not be transferred to another vessel without YachtEye’s prior written approval.
The standard annual Subscription may include:
The Subscription fee is charged annually in advance, unless otherwise agreed in writing.
Unless otherwise agreed in writing, the Subscription renews automatically for successive one-year periods unless either party gives written notice of non-renewal at least 30 days before the renewal date.
YachtEye may adjust Subscription prices for renewal periods by giving notice before the renewal date. If the Client does not accept the adjusted price, the Client may terminate the Subscription at the end of the current Subscription term.
If the Subscription is not renewed or payment is overdue, YachtEye may suspend access to updates, support, APIs, cloud services, remote services and other Subscription benefits.
Optional modules, including CCTV integration, Makkah Pointer and tender tracking are only included if expressly agreed in writing.
Optional modules may be subject to additional fees, technical requirements, third-party dependencies and limitations.
Where CCTV integration is agreed, YachtEye may integrate available camera streams into the Platform, provided that the Client supplies suitable stream links and network access.
Unless otherwise agreed, the preferred format for CCTV camera streams is HLS. If HLS is not available, RTSP may be used if technically suitable.
The Client is responsible for ensuring that camera streams are available, stable, legally permitted, properly secured and reachable from the YachtEye Server over the Vessel’s network.
YachtEye is not responsible for the quality, reliability, legality or security of the CCTV system, cameras, streams, network configuration or access rights.
The Client is responsible for compliance with all privacy, employment, surveillance, crew, guest, flag state, port state and local laws relating to CCTV use onboard.
The Makkah Pointer feature is provided for informational and convenience purposes only. It may depend on location data, time settings, device calibration, network availability and third-party data.
YachtEye does not guarantee religious, navigational or scientific accuracy and does not accept liability for decisions or actions taken based on the Makkah Pointer feature.
Tender tracking depends on the availability and quality of relevant tender data, AIS, MMSI information, GPS devices, onboard receivers, network access and/or third-party systems.
YachtEye does not guarantee continuous or accurate tender tracking and does not accept liability for operational, navigational or safety decisions based on tender tracking information.
The Client shall provide all information, access, cooperation and materials reasonably required by YachtEye to perform the Agreement.
The Client is responsible for:
Any delay caused by incomplete information, missing access, unavailable crew, unavailable third-party providers, incorrect technical information, network issues, missing content or other Client-side dependencies is the Client’s responsibility.
YachtEye may charge additional fees for extra time, waiting time, repeated support sessions, rework or additional work caused by Client-side delays or incomplete prerequisites.
The Client acknowledges that the Platform depends on the Vessel’s onboard infrastructure.
Unless otherwise agreed, the Client is responsible for providing and maintaining:
YachtEye is not responsible for failures, delays or reduced functionality caused by the Vessel’s network, internet connection, firewall, VLAN setup, AV/IT infrastructure, NMEA configuration, AIS availability, CCTV setup, device compatibility, operating system restrictions, app store availability or other third-party dependencies.
YachtEye’s standard commissioning is remote unless onsite commissioning is expressly agreed in writing.
Remote commissioning requires that the YachtEye Server is powered, connected to the Vessel’s network, reachable remotely and connected to the required data sources.
The Client shall make a technically competent person available onboard where reasonably required, such as an ETO, ITO, engineer, AV/IT provider or crew member.
YachtEye may use remote access tools, such as TeamViewer or similar tools, for commissioning and support. The Client is responsible for approving and enabling such access.
Commissioning is deemed completed when the Platform is materially operational, when the Client starts using the Platform, or five business days after YachtEye confirms commissioning, unless the Client reports a material defect in writing within that period.
Minor issues, missing content, third-party data limitations, Client-side infrastructure issues or feature requests do not prevent commissioning from being completed.
Onsite services are only included if expressly agreed in writing.
If YachtEye provides onsite services, the Client shall provide safe access to the Vessel, suitable working conditions, relevant technical contacts, required permissions and reasonable cooperation.
Unless otherwise agreed, travel time, travel costs, accommodation, meals, transport, parking, visas, customs costs and related expenses are charged to the Client.
If onsite work cannot be performed due to Client-side delays, missing access, missing equipment, unavailable personnel, safety restrictions, shipyard restrictions or incomplete prerequisites, YachtEye may charge the planned time and expenses.
Unless otherwise agreed in writing, additional services outside the agreed scope are charged at YachtEye’s then-current rates.
Additional services may include:
Unless otherwise agreed, the rate for engineering, project management, support, development, training and installation work is €150 per hour, charged in minimum blocks of four hours.
Weekend work, public holiday work or urgent out-of-hours work may be charged at a surcharge of 25%.
Travel time may be charged at €90 per hour.
Additional costs, third-party costs, materials, shipping, travel and accommodation may be charged at cost plus a handling fee of 15%, unless otherwise agreed.
The Client remains responsible for all Client Content.
The Client grants YachtEye a worldwide, royalty-free, non-exclusive licence to use, copy, store, edit, display, process and publish Client Content to the extent necessary to provide the Platform and Services.
The Client warrants that:
YachtEye may refuse, remove or disable Client Content if YachtEye reasonably believes that the content is unlawful, infringes third-party rights, breaches these Terms or may expose YachtEye to liability.
YachtEye is not responsible for reviewing Client Content for legal accuracy, copyright clearance, privacy compliance, spelling, factual accuracy or suitability.
The Client is responsible for ensuring that any personal data provided to YachtEye or uploaded to the Platform is collected and shared lawfully.
This includes crew names, crew roles, photos, biographies, contact information, guest information, preferences, itineraries, documents and any other personal data.
The Client shall obtain all required consents or identify another valid legal basis before providing personal data to YachtEye or uploading it to the Platform.
Where YachtEye processes personal data on behalf of the Client as a processor under applicable data protection law, the parties shall enter into a Data Processing Agreement if required.
YachtEye processes personal data in accordance with its Privacy Policy.
All intellectual property rights in and to the Platform, software, Apps, Server software, designs, interfaces, source code, object code, databases, documentation, know-how, trademarks, trade names, logos, workflows, templates, modules, integrations, features and related materials remain owned by YachtEye or its licensors.
The Client receives only a limited right to use the Platform in accordance with the Agreement.
The Client may not:
Any feedback, suggestions or improvement ideas provided by the Client may be used by YachtEye without restriction or compensation.
The Platform is licensed, not sold.
Unless otherwise agreed, the licence is limited to the agreed Vessel and the Client’s internal onboard and vessel-related use.
The Client shall ensure that admin access is only provided to authorised persons.
The Client is responsible for all activity under its admin accounts, access credentials and devices.
YachtEye may suspend or restrict access if it reasonably believes that the Platform is being misused, accessed without authorisation, used in breach of these Terms, used for unlawful purposes, or used in a way that may compromise security or service stability.
Unlimited guest users and unlimited devices are subject to fair use, technical limitations, device compatibility, network capacity and reasonable onboard use for the agreed Vessel.
YachtEye may provide software updates, patches, improvements and new features during an active Subscription.
YachtEye may change, improve, replace, discontinue or remove features where reasonably necessary for security, performance, compatibility, legal compliance, third-party service changes or product development.
YachtEye is not obliged to support outdated versions indefinitely. YachtEye may require updates to continue providing support.
The Client is responsible for allowing updates where reasonably required.
YachtEye is not liable for issues caused by the Client refusing updates, delaying updates, using unsupported devices, using outdated operating systems or modifying the Server or Platform without YachtEye’s approval.
The Platform may depend on Third-Party Services, including weather services, map services, AIS data, yacht data APIs, app stores, Apple devices, cloud hosting, onboard networks, CCTV systems, NMEA systems, GPS, internet providers and other systems.
YachtEye does not control Third-Party Services and is not responsible for their availability, accuracy, latency, pricing, terms, security, changes or discontinuation.
Third-Party Services may change, become unavailable, introduce fees, restrict access, reduce performance, provide inaccurate data or stop working.
YachtEye may change providers, replace integrations or modify functionality if Third-Party Services change or become unsuitable.
The Client acknowledges that data shown in the Platform may be delayed, incomplete, inaccurate or unavailable.
The YachtEye Platform is a guest information and entertainment platform.
The Platform is not a certified navigation system, safety system, alarm system, ECDIS, radar, GMDSS, bridge decision-making tool, emergency system, security system, surveillance system or operational control system.
Information shown in the Platform, including AIS, Yacht Radar, maps, weather, bridge data, depth, speed, heading, wind, temperature, tender position, CCTV, Makkah Pointer and itinerary information, is provided for general information and guest-facing convenience only.
The Platform must not be used as the basis for navigation, safety, security, operational, religious, emergency or compliance decisions.
The Client, captain, crew and Vessel remain fully responsible for safe navigation, vessel operations, safety procedures, watchkeeping, compliance and all onboard decisions.
YachtEye accepts no liability for decisions, actions, omissions, losses or incidents resulting from reliance on information displayed in the Platform.
Where YachtEye supplies hardware, YachtEye will use reasonable efforts to supply suitable hardware for the Platform.
Hardware specifications may change from time to time. YachtEye may substitute equivalent or better hardware if the originally intended hardware is unavailable.
The Client shall use hardware only in accordance with YachtEye’s instructions and for the intended purpose.
The Client shall not modify, repair, reconfigure, reset, erase, reinstall, open or tamper with the Server without YachtEye’s prior approval.
The Client is responsible for protecting hardware against damage, theft, loss, unsuitable environmental conditions, power issues, water damage, physical damage, unauthorised access and misuse.
Unless otherwise agreed, delivery times are estimates and are not strict deadlines.
YachtEye is not liable for delays caused by suppliers, carriers, customs, import procedures, shipyard restrictions, incorrect delivery details, Client-side delays or force majeure.
Shipping, customs, import duties, local taxes, insurance and related charges are for the Client’s account unless expressly included.
Risk in hardware passes to the Client when the hardware is handed over to the carrier or delivered to the agreed delivery location, depending on the shipping arrangement agreed.
The Client shall inspect delivered hardware promptly and report visible damage or missing items in writing within five business days.
All hardware remains the property of YachtEye until all amounts owed by the Client to YachtEye have been paid in full.
Software, Apps and the Platform are licensed and are never transferred in ownership.
Until full payment has been received, the Client may not sell, pledge, transfer, encumber or dispose of supplied hardware.
YachtEye may reclaim hardware if the Client fails to meet its payment obligations, becomes insolvent, enters liquidation, applies for suspension of payments or otherwise materially breaches the Agreement.
YachtEye warrants that it will perform the Services with reasonable skill and care.
Hardware supplied by YachtEye is covered by a one-year hardware warranty from the invoice date, unless a longer manufacturer warranty applies or otherwise agreed in writing.
The hardware warranty is limited to repair or replacement of defective hardware or parts, at YachtEye’s discretion.
The warranty does not apply to defects, damage or issues caused by:
For software, YachtEye will use reasonable efforts to correct reproducible material defects in the Platform during an active Subscription.
YachtEye does not warrant that the Platform will be uninterrupted, error-free, fully secure, compatible with all devices, or available at all times.
The Client shall notify YachtEye of complaints, defects or non-conformities in writing as soon as reasonably possible.
Complaints about delivered hardware must be reported within 14 days after receipt, unless the defect could not reasonably have been discovered within that period.
Complaints about invoices must be reported within 14 days after the invoice date.
Submitting a complaint does not suspend the Client’s payment obligation.
YachtEye shall be given a reasonable opportunity to investigate and remedy any reported issue.
Returns are only accepted with YachtEye’s prior written approval and, where applicable, an RMA number.
Return shipments are at the Client’s risk and expense unless YachtEye confirms otherwise in writing.
Standard support is provided remotely during YachtEye’s normal business hours, unless otherwise agreed.
Support is provided on a reasonable-efforts basis and does not include guaranteed response or resolution times unless a separate service level agreement has been agreed in writing.
Support may include assistance with YachtEye software, Server checks, app-related questions, basic troubleshooting and guidance for agreed YachtEye functionality.
Support does not include:
YachtEye may ask the Client to involve the Vessel’s ETO, ITO, engineer, AV/IT provider, integrator or other technical party where an issue relates to onboard infrastructure.
Unless otherwise agreed, invoices are payable in euros within 30 days from the invoice date, without deduction, set-off or suspension.
YachtEye may require advance payment, partial payment, payment before shipment, or payment before activation of the Subscription.
All prices are exclusive of VAT, taxes, duties, shipping, customs, insurance and third-party charges unless expressly stated otherwise.
For invoices to properly VAT-registered businesses in another EU member state, VAT may be reverse charged where permitted by applicable law and where the Client provides a valid VAT number.
The Client is responsible for bank charges, transfer fees, currency conversion fees and payment provider charges, unless prohibited by applicable law or otherwise agreed.
Credit card or payment link fees may be charged to the Client only where expressly agreed and permitted by applicable law.
If payment is overdue, YachtEye may charge statutory commercial interest under Dutch law, plus reasonable collection costs and a fixed late payment fee where permitted by applicable law.
If payment remains overdue, YachtEye may suspend delivery, commissioning, support, updates, Subscription access, API access, cloud services and other Services until all overdue amounts are paid.
The Client shall reimburse all reasonable legal and collection costs incurred by YachtEye in recovering overdue amounts.
The Client is responsible for all taxes, VAT, duties, levies, customs charges, import charges and similar governmental charges related to the Agreement, except taxes based on YachtEye’s net income.
If withholding tax applies, the Client shall gross up the payment so that YachtEye receives the full amount invoiced, unless mandatory law provides otherwise.
Orders for hardware, initial purchase, bespoke work, custom modules, optional modules and scheduled services cannot be cancelled without YachtEye’s written approval once accepted.
If the Client postpones commissioning, training, onsite work or other scheduled Services, YachtEye may charge costs already incurred, reserved time, travel costs, supplier costs and any additional costs caused by the postponement.
If the Client cancels an accepted order, YachtEye may charge all costs incurred, work performed, committed supplier costs and loss of profit, subject to applicable law.
Subscription fees are non-refundable unless otherwise agreed in writing or required by mandatory law.
Each party shall keep confidential all non-public information received from the other party in connection with the Agreement.
Confidential information includes pricing, technical information, credentials, yacht information, owner information, guest information, vessel data, security information, business information, product plans and other information that should reasonably be understood to be confidential.
The receiving party may only use confidential information for the purpose of performing or receiving the Agreement.
The receiving party may disclose confidential information to employees, contractors, advisers or technical providers who need to know it for the Agreement, provided they are subject to confidentiality obligations.
This confidentiality obligation does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law or court order.
YachtEye will not publicly use the Vessel name, owner name, guest name, confidential yacht imagery or confidential project information as a reference without the Client’s prior approval.
The Client may not use YachtEye’s name, logo, trademarks or materials for marketing or promotional purposes without YachtEye’s prior written approval.
YachtEye will use reasonable technical and organisational measures to protect the Platform and systems under its control.
The Client is responsible for securing the Vessel’s own network, devices, credentials, remote access tools, Apple IDs, admin accounts, Wi-Fi, firewalls, routers, switches, VLANs and third-party systems.
The Client shall promptly notify YachtEye of any suspected unauthorised access, credential compromise, cybersecurity incident or misuse affecting the Platform.
YachtEye may suspend access where reasonably necessary to protect security, prevent misuse or comply with law.
YachtEye processes personal data in accordance with its Privacy Policy.
Each party shall comply with applicable data protection laws.
The Client is responsible for determining what personal data is uploaded to or shared through the Platform and for ensuring that it has a valid legal basis for doing so.
Where required, the parties shall enter into a separate Data Processing Agreement.
The Client shall not upload sensitive personal data, confidential owner or guest information, health information, financial information, passport details or other high-risk personal data to the Platform unless this is expressly agreed and appropriate safeguards are in place.
The Client shall not use the Platform or Services in violation of applicable law, sanctions, export controls or trade restrictions.
The Client confirms that neither it nor, to its knowledge, the Vessel, owner or paying entity is subject to sanctions that would prohibit YachtEye from providing the Platform or Services.
YachtEye may refuse, suspend or terminate Services if required for sanctions, export control, legal or compliance reasons.
YachtEye is only liable for direct damages caused by an attributable breach of the Agreement by YachtEye.
YachtEye is not liable for indirect damages, consequential damages, loss of profit, loss of revenue, loss of charter income, loss of savings, loss of goodwill, reputational damage, loss of data, business interruption, owner or guest claims, operational losses, vessel downtime, delay damages, penalties, or claims from third parties.
YachtEye is not liable for damages caused by:
To the maximum extent permitted by law, YachtEye’s total aggregate liability under or in connection with the Agreement is limited to the amount paid by the Client to YachtEye under the relevant Agreement in the 12 months preceding the event giving rise to liability, excluding VAT and third-party costs.
If the Agreement concerns a one-time purchase without an active Subscription, YachtEye’s total aggregate liability is limited to the amount paid for that purchase, excluding VAT and third-party costs.
The limitations of liability do not apply to liability that cannot be limited under mandatory law, or to damages caused by wilful misconduct or deliberate recklessness of YachtEye’s management.
Any claim against YachtEye must be brought within 12 months after the Client became aware or should reasonably have become aware of the event giving rise to the claim.
The Client shall indemnify and hold YachtEye harmless against claims, damages, fines, costs and expenses arising from:
YachtEye is not liable for failure or delay caused by circumstances beyond its reasonable control.
Force majeure includes, without limitation:
If force majeure continues for more than 60 days, either party may terminate the affected part of the Agreement without liability, except for payment obligations for work already performed, hardware supplied, costs incurred and Services delivered.
YachtEye may terminate the Agreement or suspend Services with immediate effect if:
Upon termination or expiry:
After termination or expiry, YachtEye may retain Client Content and related data for a reasonable period for backup, legal, administrative, support and compliance purposes, in accordance with its Privacy Policy and any applicable Data Processing Agreement.
The Client should export or request relevant Client Content before termination where continued access is required.
YachtEye is not obliged to retain Client Content indefinitely.
YachtEye may delete Client Content after termination, subject to legal retention obligations and backup cycles.
The Client may not assign or transfer the Agreement without YachtEye’s prior written consent.
YachtEye may assign or transfer the Agreement to an affiliated company, successor, buyer of the business or third party involved in a merger, acquisition, restructuring or sale of assets.
YachtEye may use employees, contractors, suppliers, hosting providers, developers, support providers, logistics providers and other subcontractors to perform the Agreement.
YachtEye remains responsible for the performance of its obligations under the Agreement, subject to these Terms.
YachtEye may update these Terms from time to time.
The version published on the YachtEye website at the time of quotation or order applies, unless otherwise agreed.
For ongoing Subscriptions, updated Terms may apply from the next renewal period, provided YachtEye gives reasonable notice.
If a change materially disadvantages the Client, the Client may choose not to renew the Subscription.
Notices under the Agreement must be made in writing by email or other written communication.
YachtEye may send notices to the email address provided by the Client.
The Client may send notices to sales@yachteye.com or support@yachteye.com, unless another contact is specified in the Agreement.
The Client is responsible for keeping its contact details up to date.
These Terms and all Agreements with YachtEye are governed exclusively by Dutch law.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The parties shall first try to resolve any dispute in good faith through commercial discussions.
If the dispute cannot be resolved, the competent court in Amsterdam, The Netherlands, shall have exclusive jurisdiction, unless mandatory law requires another court.
YachtEye B.V.
Silodam 256
1013 AS Amsterdam
The Netherlands
Chamber of Commerce: 77403355
VAT: NL860997388B01
Email: sales@yachteye.com
Support: support@yachteye.com
