Terms of Service Agreement
Last updated: April 29, 2025
These Terms of Service (“Terms”) govern your use of CharterXO’s websites, mobile apps, and all associated services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
Throughout these Terms, “CharterXO,” “we,” “us,” and “our” refer to CharterXO LLC. “User,” “you,” and “your” refer to anyone who accesses or uses the Services, including boat owners, managers, captains, and renters.
1. Eligibility and Account Registration
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Services. You agree to provide accurate and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account and are liable for all activity under your credentials.
2. Nature of the Services
CharterXO provides a platform that allows:
- Boat owners and managers to list vessels for charter
- Customers to discover, book, and pay for rentals
- Captains to be assigned to voyages
- Admins to oversee transactions and dispute resolution
CharterXO is not a party to any rental agreement between users. We are not a boat operator, broker, insurer, or maritime transportation provider. We act solely as an intermediary technology service facilitating communication and payments.
3. User Responsibilities
A. Owners/Managers
- You must own or have legal authorization to list any boat on the platform.
- You are solely responsible for the condition, safety, legality, and operation of your vessel.
- You must carry adequate insurance as required by law and/or CharterXO policies.
- You agree to accurately describe your boat and comply with applicable laws.
B. Renters/Customers
- You agree to treat boats and crew with respect and follow all safety instructions.
- You must sign waivers and provide identification or documents when required.
- You acknowledge that certain rentals may require age, license, or other eligibility verification.
C. Captains
- If you are listed as a captain, you confirm that your license is current, and you are responsible for your conduct and the safety of the passengers during voyages.
4. Bookings and Payments
- CharterXO charges a monthly subscription fee to boat owners after two successful bookings per vessel.
- A 5% service fee is added to each transaction for payment processing, support, ID verification, and digital contracts.
- Customers must pay in full at the time of booking. Payments are processed through third-party services like Stripe.
- Group bookings may require multiple payment authorizations before confirmation.
5. Cancellations and Refunds
Refunds are governed by the platform’s cancellation policy set by each boat owner and supplemented by CharterXO’s default policy. Refund eligibility may vary depending on timing, weather conditions, or other force majeure events.
If a cancellation is initiated due to safety issues or verified emergencies, customers may be eligible for a full or partial refund.
6. Waivers and Agreements
Before a trip begins, all customers must electronically sign a rental waiver via Zoho Sign or another authorized platform. Owners may be required to sign listing or insurance attestations.
You agree that digital signatures are binding and legally enforceable.
7. Insurance and Damage
CharterXO does not provide insurance coverage for boats, renters, or captains.
Boat owners are solely responsible for obtaining and maintaining appropriate coverage. Renters may be held liable for any damage they cause during a rental. Disputes related to damage or insurance claims may be escalated and reviewed by CharterXO administrators.
8. Conduct and Prohibited Activities
You agree not to:
- Use the Services for any illegal or unauthorized purpose
- Circumvent or disable security features
- Misrepresent yourself or your boat
- Post inaccurate or misleading content
- Engage in harassment or unsafe conduct
- Upload or transmit viruses or malicious code
- Violate any applicable maritime, state, or federal law
CharterXO reserves the right to suspend or terminate access to the Services for violations of these rules.
9. Ratings, Reviews, and Feedback
Users may post reviews and ratings after rentals. By submitting content, you grant CharterXO a non-exclusive, royalty-free, irrevocable license to use, display, and distribute that content for promotional or service purposes. We may moderate, edit, or remove content at our discretion.
10. Platform Modifications
We may add, update, or remove features without prior notice. We are not liable for any temporary or permanent suspension of Services.
11. Intellectual Property
All platform content (excluding user-generated content), including trademarks, text, graphics, logos, and code, is the property of CharterXO or its licensors. You may not use, copy, modify, or distribute it without written permission.
12. Limitation of Liability
To the maximum extent permitted by law:
- CharterXO is not liable for any injury, damage, loss, or claim arising from the use of a boat listed on the platform.
- We are not liable for lost profits, data, reputation, or business opportunities.
- Total liability under these Terms shall not exceed the total amount paid by you to CharterXO in the six months preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so portions of this clause may not apply to you.
13. Indemnification
You agree to indemnify and hold harmless CharterXO, its officers, agents, employees, and affiliates from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of:
- Your use or misuse of the Services
- Your violation of these Terms or any applicable law
- Your breach of any agreement with another user
- Any content or material you submit or transmit
14. Dispute Resolution
We encourage you to resolve disputes directly with other users. For platform-related issues, you may contact our support team at support@charterxo.com.
Governing Law: These Terms are governed by the laws of the State of Florida.
Jurisdiction: Any legal action or proceeding shall be brought exclusively in the courts of Miami-Dade County, Florida.
15. Termination
CharterXO may suspend or terminate your access at any time, for any reason, including violations of these Terms. Upon termination, you remain liable for all outstanding payments and obligations.
16. General Provisions
- Entire Agreement: These Terms and our Privacy Policy represent the entire agreement between you and CharterXO.
- Severability: If any provision is found unenforceable, the rest remain in effect.
- No Waiver: Our failure to enforce any part of these Terms does not waive our right to do so later.
17. Contact
Questions? Please contact us at:
CharterXO LLC
801 S Miami Ave, Unit 1501
Miami, FL 33130
Email: legal@charterxo.com