Terms of Use

BoatFellows is an app that enables crew members to organize their trip and connect with other boats on the water. You may only use the Boatfellows app, website or related services if you agree to these terms. Version date of these terms is: 14 February 2026.

1) These Terms of Use apply to the use of the BoatFellows app, website and the associated backend technology and data storage (collectively “BoatFellows”) and are entered into between you, the user of BoatFellows (“user”, “you”, “your”), and BoatFellows, Inhaber (Owner): A. Baghal-Schmid, Postfach 19 02 41, 80602 München, Deutschland (“provider”, “we”, “our”). By using BoatFellows, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use BoatFellows.

2) Insofar as the terms of Apple, Google or other providers of app stores give rise to further contractual terms that establish rights or obligations directly between us and you, these Terms of Use apply in addition and take precedence over conflicting terms of Apple, Google or other providers of app stores. These Terms of Use do not affect the contractual relationship between Apple, Google or other providers of app stores and you, from which no direct rights or obligations arise for or against us.

3) In the event that you use BoatFellows on behalf of a company, these Terms of Use will be entered on behalf and in the name of such company and you represent and warrant that you are authorized to enter into these Terms of Use on behalf of such company.

1) The object and source code of BoatFellows as well as any information and content on BoatFellows (including all logos, media and texts) are protected by intellectual property rights, e.g. copyrights, trademark rights, patents or design rights. With the exception of user content (see below) and third-party rights (see separate information on third party licenses), we are exclusively entitled to these rights.

2) For the use of BoatFellows, you are granted a simple, non-exclusive, non-sublicensable, non-transferable right of use, limited to the duration of these Terms of Use, as long as you comply with these Terms of Use and we do not limit or discontinue the use of BoatFellows as set out in these Terms of Use. The software is not physically delivered to you.

3) We are entitled to change, supplement, restrict or discontinue BoatFellows, the access to BoatFellows and the usability of BoatFellows temporarily or permanently, partially or completely, at any time without giving reasons and without prior notice. In the same way, we are entitled to add new features to BoatFellows, to reduce BoatFellows by existing features or to redesign BoatFellows in any other way. We can also limit the use of BoatFellows to certain end devices, operating systems, operating system versions or countries and exclude, block or delete individual users and their created or uploaded media, business data, commercial data, personal data and their other user content, in particular in the event of violations against these Terms of Use.

4) We and you are entitled to terminate these Terms of Use at any time. In this case, your right to use BoatFellows automatically ends and we have the right to delete your account, your data and your user content without further notice. Further statutory rights, e.g. to extraordinary termination without notice for good cause, remain unaffected by this.

5) Your only rights as a result of the termination of access to BoatFellows in accordance with Section B.3 or the termination of these Terms of Use in accordance with Section B.4 are the repayment of any fees already paid by you for services to be provided directly by us but not yet provided, unless that the termination is a consequence of your violation of these Terms of Use or applicable laws. BoatFellows is not a contractual partner for services offered by other users or third parties on BoatFellows and therefore assumes no liability or refunds for such services.

1) You are responsible for fulfilling the system requirements necessary for the use of BoatFellows and for keeping BoatFellows up to date at all times and only using the latest version of BoatFellows available in the respective app store.

2) You are only allowed to create one account with BoatFellows, with the exception of the option to maintain an additional private account in addition to a business account.

3) You are obliged to keep the information in your user profile that is marked as mandatory/required up to date at all times.

4) You must make regular backup copies of your user content and store them outside of BoatFellows in a safe place.

5) You are responsible for all actions taken via your user account and must ensure that your account is protected with a sufficiently secure password, which should consist of upper and lower case letters, numbers and special characters. You are responsible for protecting your account from access by third parties and for not disclosing your password to third parties. The password you have assigned must be changed immediately as soon as there is any suspicion that third parties have gained access to the password. Irrespective of this, the password assigned by you must be changed in regular intervals. You must inform us immediately if there is any suspicion that unauthorized third parties have gained access to your user account.

1) We are solely responsible for the provision of the BoatFellows app, website and backend services as well as for our own content on BoatFellows. BoatFellow’s users and third parties are exclusively responsible for the services, texts, media, messages and other content and materials uploaded or posted by such users or otherwise made available on BoatFellows (“user content”). As a matter of principle, we do not assume any obligation to make any pre-selection or content-related or editorial control over user content. Insofar as we reserve the right to filter, restrict, block or delete certain user content, this does not imply that we adopt certain user content as our own or endorse it.

2) You are solely responsible for your profile information and the user content you create or upload and represent and warrant to comply with all applicable legal requirements, official orders and rights of third parties, in particular, to not infringe any intellectual property rights of third parties (e.g. copyrights, trademark rights, patents or design rights) or data protection rights of third parties.

3) A professional, objective and polite tone must be maintained towards other users. Pornographic, insulting, defamatory, violence-glorifying, political or user content otherwise irrelevant for BoatFellow’s purpose and aim is prohibited.

4) For all your profile information and user content, you grant us, free of charge, the non-exclusive, transferable and sublicensable right, unlimited in time, geography and content, to use and exploit such content for the respective functionalities and purposes of BoatFellows for which the content is created or uploaded, including to make user content available to other users and the public, and to store, reproduce, distribute, edit and otherwise use and exploit such content, to the extent required for the respective functionalities and purposes. You represent and warrant that you are authorized to grant us the aforementioned rights and that these rights should also extend to future versions and features of BoatFellows.

5) We are entitled to block, delete or change user content that violate these Terms of Use or applicable law at any time, without prior notice and without the user being entitled to any rights, including the right to repayment of any remuneration already paid.

6) In the event of a violation of applicable laws, official orders or the rights of third parties, you shall be independently and directly liable to authorities or third parties and shall fully indemnify us against all actual or alleged claims arising from your violations, and reimburse us for the court and legal costs necessary for our legal defence.

For any services offered by BoatFellow’s users or third parties on BoatFellows, a contract is initiated or concluded exclusively between you and such BoatFellow’s users or third parties and we do not become a party to such contract. If you offer services on BoatFellows, you are responsible for structuring your services in a legally compliant manner, respecting all applicable law and agreeing rights and obligations that should be applicable to your services with other users. We do not act as a representative for you or any other users and we do not assume any arbitration or decision-making function in the event of disputes.

Note: The use of BoatFellows is currently free for our users, but we may change this for specific user groups (such as professional/commercial users) in the future in order to compensate for our server costs and other expenses.

1) BoatFellows may charge fees for the creation, posting or hosting of user content in accordance with the applicable price list at the time the user content is created or uploaded and may change these fees at any time with effect for the future. The applicable fees will be displayed to you in good time within the app. All amounts are net, unless otherwise indicated. You are responsible for the payment of any taxes, if applicable.

2) Fees are generally invoiced in advance, unless otherwise agreed. The respective billing period (e.g. one-off, daily, weekly, monthly, etc.) will be displayed to you in good time within the app.

3) Fees are due for payment immediately upon receipt of the request for payment/invoice and may only be paid to the payment accounts specified by us. You may only offset our claims against claims that are due and legally established or undisputed by us.

1) Statements and descriptions regarding BoatFellows, e.g. on our website or in social media, are to be understood exclusively as a description of its intended/planned functionalities and not as a guarantee or assurance of a property.

2) We are not obliged to provide updates or upgrades for BoatFellows or to adapt BoatFellows to changed technical requirements (e.g. new end device models, screen sizes or operating system versions). We are also not obliged to adapt BoatFellows to your individual needs or IT environment.

1) We shall only be liable for violations of our own duties under these Terms of Use or applicable mandatory law (contractual or statutory liability), and in any case limited to: (a) culpable (intentional or negligent) injury to life, limb or health, (b) intentional or grossly negligent breaches of our duties, (c) features of BoatFellows for which we have expressly assumed a guarantee, or (d) fraudulently concealed defects. We shall also be liable for breaches of applicable product liability law and other mandatory statutory liability which cannot be excluded or limited.

2) For all other cases of contractual or statutory liability, irrespective of the legal grounds, we shall only be liable for the violation of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the contractual partner may regularly rely as their violation would jeopardize the achievement of the purpose of the contract (so-called “cardinal obligations”), in these cases however limited to the damage typically foreseeable at the time of conclusion of the contract. To the extent permitted by law, our liability in such cases shall be limited to the remuneration paid by you to us in the contractual year of the breach of duty.

3) Besides that, our liability is excluded regardless of the legal grounds. Strict liability for defects already existing at the time of conclusion of the contract in accordance with § 536a para. 1 clause 1 BGB (German Civil Code) is also excluded.

4) We assume no liability for the information and offers/services of other users or third parties, in particular not for user content or for references and links to third-party websites, and expressly declare that we do not adopt such third-party content as our own.

5) Insofar as our liability is excluded or limited in accordance with the foregoing provisions, this shall also apply in favor of our managing directors, representatives, employees and vicarious agents.

For all suggestions, recommendations, feature requests, error reports, feedback and similar communication for product improvement (collectively “feedback”), you grant us free of charge the exclusive, transferable and sublicensable right, unlimited in time, geography and content, to use and exploit such feedback for the purposes of product improvement and error elimination in all known forms of use. In this respect, you waive the right to be named as the author.

You undertake to treat all confidential information (e.g. information of a commercial, technical or organizational nature) that becomes known to you during the use of BoatFellows as confidential and to use such information only for the contractually agreed purposes. Confidential information within the meaning of this provision is information (e.g. information about bugs, security vulnerabilities, price calculations, coding techniques, etc.) that is expressly designated as such or is to be regarded as confidential by its nature. Confidential information does not include information that is or becomes generally known (except as a result of a breach of this confidentiality agreement), that already was in your possession lawfully before these Terms of Use became effective or that was received by you from a third party who is authorized to disclose such information without restriction. If you are obliged to make confidential information accessible to a public body, you are entitled to do so; in this case, we must be informed immediately and, if possible, before the information is released to the public body.

1) We offer interested users (“beta testers”) the opportunity to gain early access to BoatFellows and new functions of BoatFellows (“beta test”). The aim of the beta test is to identify and eliminate malfunctions, vulnerabilities, security gaps, crashes, bugs, faulty code, impairments of confidentiality, availability, integrity or authenticity of data and other defects (collectively “bugs”). The following provisions apply in addition to and take precedence over the other provisions of these Terms of Use for the phase of the beta test.

2) Participation in the beta test is voluntary and free of charge. There is no right to participate in the beta test and we may pause, terminate, restrict or change the beta test at any time, without prior notice and without giving reasons, temporarily or permanently, partially or completely, for individual or all beta testers without you being entitled to any rights. We may delete, block or restrict all accounts, content, media, offers, communication with other users as well as other user content created by beta testers.

3) We expressly point out that the functionality of BoatFellows may be significantly limited during the beta test and that the presence of bugs does not constitute a breach of duty or a defect of BoatFellows. The beta version of BoatFellows is therefore expressly made available to you without any agreement of a specific quality and without any agreement of suitability for a specific purpose. In particular, we are not obliged to ensure that BoatFellows works without errors, can be used without interruption or is available during the beta test at all. Beta testers expressly agree to this and ensure that they only create test content during the beta test and do not use BoatFellows for productive use.

We expressly reserve the right to amend these Terms of Use at any time and without stating reasons with effect for the future. In this case, we will notify you of the change at least two weeks before it comes into effect by email or by in-app message on BoatFellows. In the case of changes that affect essential contractual rights or obligations, such changes only come into effect with your consent. In all other cases (e.g. minor changes, product improvements, changes due to changed legal or technical requirements, etc.), you have the right to object to changes within two weeks of notification of the change. If you do not object within this period, the amended Terms of Use shall be deemed accepted. In the event of your objection or if you do not consent to changes of essential contractual rights or obligations, you and we are entitled to terminate these Terms of Use with effect from the date on which the change enters into force.

1) The laws of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded.

2) The place of performance is Munich (Germany). If you are not a consumer within the meaning of § 13 BGB (German Civil Code), Munich (Germany) is agreed as the exclusive place of jurisdiction.

1) These Terms of Use replace all conflicting verbal or written agreements or arrangements made between you and us regarding the subject matter of these Terms of Use. Conflicting, deviating or supplementary general terms and conditions of the user shall not apply. The BoatFellows Privacy Notice shall apply in addition to these Terms of Use.

2) The invalidity or ineffectiveness of individual provisions of these Terms of Use shall not affect the validity of the other provisions. Invalid provisions shall be replaced by provisions that most closely correspond to the invalid provisions in a legally effective manner. The same applies to any gaps in these Terms of Use.

3) We reserve the right to use third parties for the purpose of fulfilling our obligations or exercising our rights arising from these Terms of Use or other agreements with you. Insofar as such third parties process personal data on our behalf, further details can be found in the separate BoatFellows Privacy Notice.

4) We reserve the right to transfer all rights and obligations arising from these Terms of Use and other agreements as well as the contractual relationship with you in part or in full to third parties. This applies in particular in the event of a possible sale or merger of BoatFellows or a change of the company form.