Terms of Service
Version 2.0 — Last Updated: January 2025
1. Introduction & Definitions
1.1 Agreement to Terms
Welcome to CharterXO. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CharterXO, LLC ("CharterXO," "we," "us," or "our") governing your access to and use of the CharterXO platform, including our website, mobile applications, and all related services (collectively, the "Platform").
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
These Terms apply to all visitors, users, and others who access or use the Platform, including Charterers, Providers, Captains, and Crew.
1.2 Modification of Terms
CharterXO reserves the right to modify these Terms at any time in its sole discretion. If we make material changes, we will notify you by email or by posting a notice on the Platform at least thirty (30) days before the changes take effect. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Platform before the changes take effect.
1.3 Definitions
The following terms have the meanings set forth below when used in these Terms:
| Term | Definition |
|---|---|
| Account | A registered user profile on the Platform |
| Add-ons | Additional services or amenities that may be added to a Charter booking |
| Booking | A confirmed reservation for a Charter made through the Platform |
| Captain | A properly credentialed individual (typically holding a United States Coast Guard (USCG) captain's license or an equivalent credential appropriate to the vessel, passenger count, and local regulations) who operates a Vessel during a Charter |
| Charter | A boat rental experience facilitated through the Platform |
| Charterer / Customer | A User who books a Charter through the Platform |
| Crew | Individuals who assist the Captain during a Charter |
| ELEVATE Program | CharterXO's tiered subscription program for Providers |
| Electronic Waiver | A digitally signed liability waiver required before participating in a Charter |
| Group Booking | A Booking where multiple individuals contribute to the total Charter cost |
| Listing | A Vessel and its associated Charter offerings published on the Platform by a Provider |
| Platform Fee | Any fee that CharterXO may charge a Provider for platform services; the specific structure, amount, and applicability (if any) are disclosed to the Provider through the Platform before they become due |
| Provider / Owner | A User who lists a Vessel on the Platform for Charter |
| Security Deposit | A refundable deposit collected to cover potential damages during a Charter |
| Service Fee | Any fee that CharterXO may charge a Charterer for platform services; the specific structure, amount, and applicability (if any) are disclosed to the Charterer through the Platform before checkout |
| Subscription | A recurring payment plan for enhanced Platform features |
| User | Any individual or entity that accesses or uses the Platform |
| User Role | The designated function of a User on the Platform (Customer, Owner, Captain, or Crew) |
| Vessel | A boat or watercraft listed on the Platform for Charter |
2. Account Registration & Verification
2.1 Eligibility
To create an Account and use the Platform, you must:
- (a) Be at least eighteen (18) years of age
- (b) Have the legal capacity and authority to enter into binding contracts under the laws of your jurisdiction
- (c) Not have been previously suspended or removed from the Platform
- (d) Not be prohibited from using the Platform under applicable law
Important Notice
The Platform is accessible globally; however, all Charter services take place in United States waters and are subject to U.S. federal and state laws, including U.S. Coast Guard regulations. By booking a Charter, you agree to comply with all applicable U.S. laws during the Charter.
If you are creating an Account on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and that the entity agrees to be bound by these Terms.
2.2 Account Creation
You may create an Account using one of the following methods:
- Email and Password — with one-time password (OTP) email verification
- Google Sign-In — via OAuth 2.0 authentication
- Apple Sign-In — via OAuth 2.0 authentication
- Phone Number — via SMS verification
2.3 Multi-Role Accounts
The Platform supports multiple User Roles within a single Account. Available roles include:
| Role | Description |
|---|---|
| CUSTOMER | Book and participate in Charters |
| OWNER | List Vessels and manage Charter offerings |
| CAPTAIN | Operate Vessels during Charters (requires credentials appropriate to the vessel, passenger count, and local regulations — typically a USCG captain's license) |
| CREW | Assist Captains during Charters |
2.4 Account Security
You are responsible for maintaining the confidentiality of your Account credentials, including your password and any authentication tokens. You agree to immediately notify CharterXO of any unauthorized access to or use of your Account. CharterXO is not liable for any loss or damage arising from your failure to maintain the security of your Account credentials. You are responsible for all activities that occur under your Account, whether or not authorized by you.
2.5 Business Onboarding for Providers
To list a Vessel on the Platform, Providers must complete the business onboarding process, which includes:
- Providing complete and accurate business entity information
- Completing Stripe Connect onboarding for payment processing
- Submitting all required verification documents
- Agreeing to Provider-specific terms and conditions
2.6 Captain Verification
To operate as a Captain on the Platform, you must complete the verification process, which includes:
- Providing valid captain credentials appropriate to the vessel, passenger count, and local regulations (a valid United States Coast Guard (USCG) Captain's license is strongly recommended; CharterXO reviews each captain's documentation at sign-up and determines the required credentials on a case-by-case basis)
- Providing proof of current and valid insurance coverage
- Completing identity verification
2.7 Account Suspension and Termination
CharterXO may suspend or terminate your Account at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms or any applicable law
- Fraudulent, misleading, or deceptive activity
- Conduct that is harmful to other Users, third parties, or CharterXO
- Non-payment of fees or charges owed to CharterXO
- Failure to complete required verification or onboarding
- At CharterXO's sole discretion for any other reason
3. Platform Services
3.1 Marketplace Platform
CHARTERXO IS A MARKETPLACE PLATFORM THAT CONNECTS CHARTERERS WITH PROVIDERS. CHARTERXO IS NOT A PARTY TO ANY CHARTER AGREEMENT BETWEEN USERS. WE DO NOT OWN, OPERATE, OR CONTROL ANY VESSELS LISTED ON THE PLATFORM.
CharterXO provides a technology platform that enables Providers to list their Vessels and Charterers to discover and book Charters. The actual Charter services are provided by the Providers and Captains, not by CharterXO.
3.2 AI-Powered Features
The Platform incorporates artificial intelligence features to enhance your experience, including:
- AI Concierge — Provides personalized Charter recommendations and assistance
- XO Sidekick — AI-powered assistant for managing bookings and answering questions
- AI-Assisted Search — Intelligent search functionality to help you find the perfect Charter
- AI Document Analysis — Automated analysis of uploaded documents for verification
- AI Dispute Analysis — AI-assisted evaluation of disputes between Users
All AI-powered features are provided for informational purposes only. AI-generated content, recommendations, and analyses should not be relied upon as professional, legal, or safety advice. CharterXO does not guarantee the accuracy, completeness, or reliability of any AI-generated output.
3.3 Third-Party Services
The Platform integrates with the following third-party services:
- Payment Processing — Stripe for secure payment processing and payouts
- Electronic Signatures — For executing waivers and agreements
- AI Features — Third-party AI models for intelligent Platform features
- Maps & Location — Mapping services for Charter locations and navigation
- Analytics — Usage analytics for Platform improvement
- Communications — Push notifications, email, and SMS services
3.4 Service Availability
CharterXO does not guarantee uninterrupted, secure, or error-free access to the Platform. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. CharterXO shall not be liable for any loss or damage resulting from Platform unavailability.
4. Terms for Charterers (Customers)
4.1 Booking Process
To book a Charter, Charterers must:
- Select a Listing and desired date and time
- Provide the number of guests and any special requirements
- Select any desired Add-ons
- Review and agree to the Charter terms and pricing
- Complete payment through the Platform
- Sign the Electronic Waiver prior to the Charter
4.2 Group Bookings
The Platform supports Group Bookings where multiple individuals contribute to the total Charter cost. For Group Bookings:
- The primary Charterer creates the Group Booking and invites participants
- Each participant must create an Account and contribute their share of the payment
- All participants must complete payment within seventy-two (72) hours of the Group Booking invitation
- If all contributions are not received within the 72-hour deadline, the Booking may be cancelled
- All participants must sign the Electronic Waiver prior to the Charter
The primary Charterer is responsible for ensuring all participants comply with these Terms and the Charter rules.
4.3 Payment Terms
All payments are processed securely through Stripe. By making a payment, you authorize CharterXO to charge the payment method on file. Prices are displayed in U.S. dollars unless otherwise stated. All fees, including any applicable Service Fee and any applicable taxes, will be clearly displayed before you confirm the Booking.
4.4 Security Deposits
Certain Charters may require a Security Deposit, which will be clearly disclosed before you confirm the Booking. The Security Deposit is held to cover potential damages to the Vessel or equipment during the Charter. The Security Deposit will be refunded within fourteen (14) days after the Charter, less any deductions for verified damages. Any deductions will be documented and communicated to you.
4.5 Electronic Waivers
All Charterers and guests must sign an Electronic Waiver before participating in a Charter. The Electronic Waiver includes assumption of risk, liability release, and other legally binding provisions. Failure to sign the Electronic Waiver prior to the scheduled Charter time may result in cancellation of the Booking without a refund.
4.6 Charterer Conduct and Safety
During a Charter, Charterers and their guests must:
- Follow all instructions from the Captain and Crew
- Comply with all applicable safety regulations and U.S. Coast Guard requirements
- Treat the Vessel, equipment, and all personnel with respect
- Not engage in any illegal or dangerous activities
- Not bring prohibited items aboard the Vessel
- Report any safety concerns immediately to the Captain
5. Terms for Providers (Owners)
5.1 Listing Requirements
Providers must ensure that all Listings are accurate, complete, and up to date. Each Listing must include:
- Accurate Vessel description, specifications, and photographs
- Available dates and times
- Pricing, including any additional fees or charges
- Maximum passenger capacity
- Safety equipment and features
- Departure location and operating area
- Any restrictions or special requirements
5.2 Provider Representations and Warranties
By listing a Vessel on the Platform, you represent and warrant that:
- You have the legal right to offer the Vessel for Charter
- The Vessel is properly registered and in compliance with all applicable laws and regulations
- The Vessel is seaworthy and properly maintained
- The Vessel has all required safety equipment
- You maintain adequate insurance coverage for the Vessel and Charter operations
- All information provided in the Listing is accurate and not misleading
5.3 Boat-Level Subscriptions (ELEVATE Program)
The ELEVATE Program offers tiered subscription plans at the boat level to enhance Listing visibility and features:
| Tier | Benefits |
|---|---|
| SILVER | Enhanced Listing visibility, basic analytics, priority support |
| GOLD | All Silver benefits plus featured placement, advanced analytics, and preferred platform-service terms (where applicable) |
| PLATINUM | All Gold benefits plus top placement, dedicated account manager, the most favorable platform-service terms available (where applicable), premium badge |
Subscriptions are billed on a recurring basis per boat. You may upgrade, downgrade, or cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
5.4 Booking Management
Providers are responsible for managing their Bookings, including confirming availability, communicating with Charterers, ensuring a qualified Captain and Crew are assigned, and delivering the Charter experience as described in the Listing. Providers must respond to Booking requests in a timely manner.
5.5 Payout Terms
Provider payouts are processed through Stripe Connect. Payouts are initiated after the Charter is completed, less any applicable Platform Fee (as disclosed under Section 7.1) and any other deductions. Payout timing depends on your Stripe Connect account settings and may take several business days to process. CharterXO is not responsible for delays caused by Stripe or your financial institution.
5.6 Cancellation by Provider
Provider cancellations are categorized as follows:
- Weather-Related (Verified) — Cancellations due to unsafe weather conditions verified by CharterXO's AI weather system. No penalty is applied.
- Weather-Related (Unverified) — Cancellations claimed to be weather-related but not verified. Subject to administrative review and possible penalties.
- Non-Weather — All other cancellations by the Provider. Subject to cancellation fees and potential Account penalties, including suspension for repeated cancellations.
5.7 Provider Obligations
Providers must maintain all required licenses, permits, and insurance throughout the duration of their use of the Platform. Providers must promptly update their Account and Listings if any material information changes. Failure to comply may result in Account suspension or termination.
6. Terms for Captains & Crew
6.1 Independent Contractor Status
CAPTAINS AND CREW ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, AGENTS, OR REPRESENTATIVES OF CHARTERXO. CHARTERXO DOES NOT CONTROL THE MANNER, METHOD, OR MEANS BY WHICH CAPTAINS OR CREW PERFORM THEIR SERVICES. NOTHING IN THESE TERMS CREATES AN EMPLOYMENT, PARTNERSHIP, JOINT VENTURE, OR AGENCY RELATIONSHIP BETWEEN CHARTERXO AND ANY CAPTAIN OR CREW MEMBER.
6.2 Captain Obligations
Captains are responsible for:
- Maintaining valid and current captain credentials at all times that are appropriate to the Vessel, passenger count, and local regulations (a valid USCG Captain's license is strongly recommended)
- Conducting pre-departure safety briefings for all passengers
- Operating the Vessel in a safe and professional manner
- Complying with all applicable maritime laws and U.S. Coast Guard regulations
- Making all final decisions regarding safety, including weather-related decisions
- Maintaining adequate personal insurance coverage
- Reporting any incidents or safety concerns to CharterXO promptly
6.3 Crew Obligations
Crew members are responsible for:
- Assisting the Captain in the safe operation of the Vessel
- Following all instructions from the Captain
- Providing professional and courteous service to Charterers
- Complying with all applicable laws and regulations
- Reporting any safety concerns to the Captain immediately
6.4 Payout Terms
Captain and Crew payouts are processed through Stripe Connect. Payout amounts and timing are determined by the arrangements between the Captain/Crew and the Provider, facilitated through the Platform. CharterXO is not responsible for disputes between Captains, Crew, and Providers regarding compensation.
7. Fees & Payments
7.1 Platform Fee
CharterXO may charge Providers a Platform Fee in connection with platform services. The specific structure, amount, and applicability of any Platform Fee (if any) are disclosed to the Provider through the Platform before it becomes due, and any applicable Platform Fee is applied to the Provider's payout as disclosed.
7.2 Service Fee
CharterXO may charge Charterers a Service Fee in connection with platform services. The specific structure, amount, and applicability of any Service Fee (if any) are disclosed to the Charterer through the Platform before checkout. Any applicable Service Fee is non-refundable except as expressly provided in these Terms.
7.3 Subscription Fees
ELEVATE subscription fees are billed on a recurring basis per boat. Subscription fees are non-refundable for the current billing period. You may cancel your subscription at any time, and cancellation will take effect at the end of the current billing period.
7.4 Security Deposits
Security Deposits are held by CharterXO on behalf of the Provider. The Security Deposit amount is set by the Provider and disclosed to the Charterer before Booking. Security Deposits are refunded within fourteen (14) days after the Charter, less any verified deductions for damages.
7.5 Cancellation Fees
Cancellation fees may apply as follows:
- For Charterers: Cancellation fees vary based on how far in advance the cancellation is made relative to the scheduled Charter date. See Section 8 for the full cancellation policy.
- For Providers: Non-weather-related cancellations by Providers may result in cancellation fees and Account penalties. See Section 5.6 and Section 8 for details.
7.6 Refund Policy
Refunds are processed in accordance with the cancellation policy set forth in Section 8. Refunds are returned to the original payment method and may take five (5) to ten (10) business days to process. CharterXO reserves the right to issue refunds as Platform credits at its discretion.
7.7 Multi-Party Payouts
For Charters involving multiple payees (Provider, Captain, Crew), CharterXO facilitates multi-party payouts through Stripe Connect. Each payee receives their designated portion of the Charter earnings, less applicable fees. Payout splits are determined by the Provider and communicated to all parties through the Platform.
7.8 Taxes
You are solely responsible for determining and paying all taxes applicable to your use of the Platform and any income earned through the Platform. CharterXO may collect and remit certain taxes as required by law. CharterXO does not provide tax advice, and you should consult a tax professional for guidance on your tax obligations.
8. Cancellations & Weather Policy
8.1 Charterer Cancellation Rights
Charterers may cancel a Booking subject to the following cancellation schedule:
| Cancellation Timing | Refund |
|---|---|
| More than 7 days before Charter | Full refund (less any applicable Service Fee) |
| 3–7 days before Charter | 50% refund (less any applicable Service Fee) |
| Less than 3 days before Charter | No refund |
| No-show | No refund |
Example: If you book a Charter for Saturday and cancel on the preceding Monday (5 days before), you would receive a 50% refund, less any applicable Service Fee.
8.2 Provider Cancellation Obligations
Providers are expected to honor all confirmed Bookings. Non-weather-related cancellations by Providers result in a full refund to the Charterer (including any Service Fee that may have been applied) and may result in penalties to the Provider, including cancellation fees, reduced Listing visibility, and Account suspension for repeated cancellations.
8.3 Weather-Related Cancellations
CharterXO uses an AI-powered weather verification system to assess weather conditions for Charters. Weather-related cancellations are handled as follows:
- AI-Verified Weather Cancellation: If the AI weather system confirms unsafe conditions, the Charter is cancelled with a full refund to the Charterer and no penalty to the Provider.
- Captain Decision: The Captain has final authority on weather-related safety decisions. If a Captain cancels due to weather conditions not verified by the AI system, the cancellation is subject to administrative review.
- Charterer-Initiated: If a Charterer requests cancellation due to weather, the standard cancellation policy applies unless the AI system verifies unsafe conditions.
8.4 Rescheduling
In lieu of cancellation, parties may mutually agree to reschedule the Charter to a different date. Rescheduling is subject to availability and must be agreed upon by both the Charterer and Provider through the Platform. Weather-related cancellations with verified conditions are eligible for free rescheduling.
8.5 Administrative Review
CharterXO reserves the right to conduct an administrative review of any cancellation. During the review, CharterXO may request additional documentation or information from the parties involved. CharterXO's determination following an administrative review is final and binding.
9. Disputes & Resolution
9.1 Dispute Categories
Disputes that may arise on the Platform include but are not limited to:
- Booking and cancellation disputes
- Quality of service disputes
- Security deposit disputes
- Damage claims
- Payment and payout disputes
- Content and review disputes
9.2 Dispute Submission
Disputes must be submitted through the Platform within fourteen (14) days of the event giving rise to the dispute. Disputes submitted after this period may not be eligible for resolution through the Platform. All disputes must include a clear description of the issue and the desired resolution.
9.3 Evidence and Documentation
Both parties to a dispute are encouraged to provide supporting evidence, including photographs, communications, receipts, and any other relevant documentation. CharterXO may request additional evidence from either party during the dispute resolution process.
9.4 AI-Assisted Analysis
CharterXO may use AI-assisted analysis to evaluate disputes. AI analysis is used as a tool to assist in resolution and does not replace human judgment. All AI-assisted analyses are reviewed by CharterXO personnel before a final determination is made.
9.5 Administrative Resolution
CharterXO will attempt to resolve disputes through its administrative resolution process. CharterXO's administrative determination is intended to be fair and reasonable but is not a judicial proceeding. Both parties agree to cooperate in good faith during the administrative resolution process.
9.6 Binding Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and CharterXO agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. The arbitration shall take place in Miami-Dade County, Florida. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
9.7 Class Action Waiver
YOU AND CHARTERXO AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
9.8 Opt-Out Right
You may opt out of the binding arbitration and class action waiver provisions by sending written notice to CharterXO within thirty (30) days of first accepting these Terms. The opt-out notice must be sent by mail to: CharterXO, LLC, 801 S Miami Ave, Unit 1501, Miami, FL 33130. The opt-out notice must include your full name, Account email address, and a clear statement that you wish to opt out of the arbitration and class action waiver provisions.
10. User Content & Conduct
10.1 User-Generated Content
The Platform allows Users to post, upload, and share content, including reviews, photographs, descriptions, and other materials ("User Content"). You are solely responsible for the User Content you submit. You represent and warrant that you own or have the necessary rights to submit the User Content and that it does not violate any third party's rights.
10.2 Content Ownership and License
You retain ownership of your User Content. By submitting User Content to the Platform, you grant CharterXO a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content in connection with the Platform and CharterXO's business, including for marketing and promotional purposes.
10.3 Prohibited Content
You may not submit User Content that:
- Is false, misleading, or deceptive
- Is defamatory, obscene, vulgar, or offensive
- Infringes on any third party's intellectual property or other rights
- Contains viruses, malware, or other harmful code
- Violates any applicable law or regulation
- Promotes illegal activities or violence
- Contains personal information of others without their consent
- Is spam, advertising, or unauthorized promotional material
10.4 Content Moderation
CharterXO reserves the right, but is not obligated, to monitor, review, edit, or remove any User Content at its sole discretion, with or without notice. CharterXO may use automated systems, including AI, to assist with content moderation.
10.5 Prohibited Conduct
You agree not to:
- Use the Platform for any illegal or unauthorized purpose
- Circumvent, disable, or interfere with the Platform's security features
- Use any automated system (bots, scrapers) to access the Platform without permission
- Impersonate any person or entity or misrepresent your affiliation
- Harass, abuse, or threaten other Users
- Attempt to arrange Charters outside the Platform to avoid fees
- Manipulate reviews, ratings, or search results
- Interfere with or disrupt the Platform or its servers
10.6 DMCA Compliance
CharterXO respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) to our designated agent at legal@charterxo.com. Your notice must include: a description of the copyrighted work, the location of the infringing material on the Platform, your contact information, a statement of good faith belief, and a statement under penalty of perjury that the information is accurate.
11. Privacy & Data
11.1 Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand our practices regarding your personal data.
11.2 Data Collection
We collect the following categories of information:
- Personal identification information (name, email, phone number)
- Account and profile information
- Payment and transaction information
- Location data (during active Charters)
- Device and usage information
- Communications and User Content
- Verification documents (for Providers and Captains)
11.3 Third-Party Data Sharing
We may share your information with third parties as described in our Privacy Policy, including payment processors (Stripe), AI service providers, analytics providers, communication service providers, and as required by law.
11.4 Location Tracking
During active Charters, the Platform may collect location data from Captains and Vessels for safety and operational purposes. Location tracking is used to monitor Charter progress, verify Charter completion, and for safety and emergency response purposes. By using the Platform as a Captain, you consent to location tracking during active Charters.
11.5 SMS/TCPA Compliance
By providing your phone number, you consent to receive SMS messages from CharterXO related to your Account, Bookings, and Platform notifications. Message and data rates may apply. You may opt out of SMS messages at any time by replying STOP. CharterXO complies with the Telephone Consumer Protection Act (TCPA) and will not send marketing messages without your prior express consent.
11.6 Data Retention
We retain your personal data for as long as your Account is active or as needed to provide services. We may retain certain information after Account deletion as required by law, for legitimate business purposes, or to resolve disputes. Financial and transaction records are retained for a minimum of seven (7) years in accordance with applicable regulations.
11.7 User Rights
Depending on your jurisdiction, you may have certain rights regarding your personal data, including the right to access, correct, delete, or port your data. To exercise your rights, please contact us at legal@charterxo.com.
11.8 Account Deletion
You may request deletion of your Account at any time. Upon deletion, your personal data will be removed or anonymized in accordance with our data retention policies and applicable law. Certain information may be retained as required by law or for legitimate business purposes. Account deletion does not affect any obligations incurred prior to deletion.
12. Platform Role & Non-Agency Disclaimer
12.1 CharterXO is Not an Agent
CHARTERXO IS NOT AN AGENT FOR ANY USER. CHARTERXO DOES NOT ACT AS AN AGENT, BROKER, OR INTERMEDIARY FOR ANY PROVIDER, CHARTERER, CAPTAIN, OR CREW MEMBER. CHARTERXO'S ROLE IS LIMITED TO PROVIDING THE TECHNOLOGY PLATFORM THAT ENABLES USERS TO CONNECT.
12.2 No Ownership, Operation, or Control of Vessels
CharterXO does not own, operate, manage, or control any Vessels listed on the Platform. All Vessels are owned and operated by independent Providers and Captains. CharterXO has no responsibility for the condition, safety, legality, or suitability of any Vessel.
12.3 No Verification or Guarantee
While CharterXO may perform certain verification checks on Users, Listings, and Vessels, CharterXO does not guarantee the accuracy, reliability, or completeness of any verification. Users are encouraged to conduct their own due diligence before entering into any Charter agreement.
12.4 Charter Agreements Between Users
Any Charter agreement is solely between the Charterer and the Provider. CharterXO is not a party to, and has no liability under, any Charter agreement. The terms and conditions of any Charter are determined by the Provider, subject to these Terms.
12.5 Limited Role
CharterXO's role is limited to providing the technology platform, facilitating communications between Users, processing payments, and offering dispute resolution assistance. CharterXO does not participate in, supervise, or control the actual Charter experience.
12.6 No Liability for User Actions
CharterXO is not liable for the acts, omissions, negligence, or misconduct of any User, including Providers, Captains, Crew, or Charterers. Each User is solely responsible for their own actions and compliance with applicable laws.
13. Disclaimers & Warranties
13.1 "As Is" and "As Available"
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
13.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHARTERXO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CHARTERXO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.3 No Guarantee of Results
CharterXO does not guarantee any specific results from using the Platform. We do not guarantee that Providers will receive Bookings, that Charterers will find suitable Charters, or that any Charter experience will meet your expectations. AI-powered features are provided for informational purposes only and their accuracy is not guaranteed.
13.4 Third-Party Services
CharterXO makes no warranties regarding third-party services integrated with the Platform, including payment processing, communications, and AI services. Your use of third-party services is subject to the respective third party's terms of service and privacy policies.
14. Limitation of Liability
14.1 Maximum Liability
To the maximum extent permitted by applicable law, CharterXO's total aggregate liability to you for all claims arising out of or relating to these Terms or the Platform shall not exceed the greater of (a) one hundred U.S. dollars ($100.00) or (b) the total fees paid by you to CharterXO during the twelve (12) months immediately preceding the event giving rise to the claim.
14.2 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHARTERXO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER CHARTERXO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.3 Application
The limitations of liability set forth in this Section apply regardless of the legal theory on which the claim is based, including negligence, breach of contract, strict liability, or any other theory, and regardless of whether CharterXO has been advised of the possibility of such damages. These limitations apply to the fullest extent permitted by applicable law.
14.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights. In such jurisdictions, CharterXO's liability is limited to the maximum extent permitted by applicable law.
15. Assumption of Risk & Indemnification
15.1 Inherent Risks
YOU ACKNOWLEDGE AND AGREE THAT BOATING AND WATER ACTIVITIES INVOLVE INHERENT RISKS, INCLUDING BUT NOT LIMITED TO: DROWNING, INJURY, DEATH, PROPERTY DAMAGE, ADVERSE WEATHER CONDITIONS, EQUIPMENT FAILURE, COLLISIONS, AND OTHER HAZARDS. THESE RISKS CANNOT BE ELIMINATED REGARDLESS OF THE CARE AND PRECAUTIONS TAKEN.
15.2 Voluntary Assumption
BY USING THE PLATFORM AND PARTICIPATING IN ANY CHARTER, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH SUCH ACTIVITIES, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE. YOU EXPRESSLY WAIVE ANY CLAIMS AGAINST CHARTERXO ARISING FROM SUCH RISKS.
15.3 Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHARTERXO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO: (A) YOUR USE OF THE PLATFORM; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR VIOLATION OF ANY APPLICABLE LAW; (D) YOUR USER CONTENT; OR (E) YOUR CHARTER ACTIVITIES.
15.4 Procedures
CharterXO will provide you with prompt notice of any claim subject to indemnification. You shall not settle any claim without CharterXO's prior written consent. CharterXO reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
16. General Provisions
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
16.2 Jurisdiction
For any disputes not subject to binding arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
16.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
16.4 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and CharterXO regarding the Platform and supersede all prior and contemporaneous agreements, understandings, and communications.
16.5 Waiver
The failure of CharterXO to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of CharterXO.
16.6 Assignment
You may not assign or transfer these Terms or your rights hereunder without CharterXO's prior written consent. CharterXO may assign or transfer these Terms without restriction and without notice to you.
16.7 Force Majeure
CharterXO shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power outages, internet or telecommunications failures, or other force majeure events.
16.8 Notices
All legal notices to CharterXO must be sent to: legal@charterxo.com or by mail to CharterXO, LLC, 801 S Miami Ave, Unit 1501, Miami, FL 33130. Notices to you will be sent to the email address associated with your Account or posted on the Platform.
16.9 Relationship of Parties
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and CharterXO. You and CharterXO are independent contracting parties.
16.10 Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights. No person or entity other than you and CharterXO has any rights under these Terms.
16.11 Headings
The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
16.12 Language
These Terms are written in English. Any translations are provided for convenience only. In the event of a conflict between the English version and any translation, the English version shall prevail.
16.13 Contact Information
If you have any questions about these Terms of Service, please contact us at:
CharterXO, LLC
801 S Miami Ave, Unit 1501
Miami, FL 33130
Email: legal@charterxo.com
BY USING THE CHARTERXO PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
