Terms of Service

1. Agreement to Terms

By clicking “I agree” during signup, or by accessing or using the True Blue Horizon platform (the “Service”), the entity or individual identified in your account (“Customer”, “you”) agrees to be bound by these Terms of Service together with the policies incorporated above (collectively, the “Terms”). If you accept on behalf of an entity, you represent that you are authorised to bind that entity.

If you do not agree to these Terms, you must not use the Service. You represent that you are at least 18 years old and have the legal capacity to enter into a binding contract.

The contracting entity depends on your billing address:

• United States customers contract with True Blue Horizon, Inc., a Delaware corporation with its principal office in Fort Lauderdale, Florida.
• All other customers contract with True Blue Horizon Pty Ltd, an Australian company with its registered office in New South Wales, Australia.

References to “True Blue Horizon”, “we”, “us” or “our” in these Terms mean the applicable contracting entity above.

2. Description of Service

True Blue Horizon provides a vessel intelligence platform that enables owner-operators of recreational and small commercial vessels to monitor and interact with their vessels through natural language. The Service includes real-time telemetry monitoring via Signal K-compatible sensors, AI-powered conversational features, analytics dashboards, historical data, trip logging, route planning tools, and a Gateway device for collecting and transmitting vessel data.

The Service is a monitoring and information tool. It is not a navigation, collision-avoidance, search-and-rescue, distress, or safety-of-life system, and it is not a substitute for proper watchkeeping, certified marine instruments, official navigational publications, or qualified marine professionals.

3. Accounts & Authorized Users

3.1 Account. You must create an account to use the Service. Accounts may be created using email and password or via Google OAuth. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You agree to provide accurate, current, and complete information at registration and to update it as necessary.

3.2 Authorized Users.You may invite co-owners, captains, or crew members to access a Vessel on your account (“Authorized Users”) using the crew-management feature. You are responsible for the acts and omissions of Authorized Users as if they were your own and for ensuring they comply with these Terms. Sharing primary account credentials outside the Authorized User mechanism is prohibited.

3.3 Vessel Transfer. If you sell or transfer a Vessel, you must either (a) remove the Vessel from your account so the new owner can subscribe separately, or (b) request a transfer via support, which will move the Vessel and associated historical telemetry data to the new owner upon their written acceptance. Surviving estate access is available with reasonable proof of authority.

3.4 Suspension for Security. We may suspend access immediately and without notice if we reasonably suspect a security incident, account compromise, or significant risk to the Service or other users. We will restore access as soon as commercially reasonable.

4. Subscriptions & Billing

4.1 Term & Auto-Renewal. Subscriptions are sold on a monthly or annual basis. Your subscription will automatically renew at the end of each billing cycle for a successive period of the same length at the then-current rate, unless you cancel before the renewal date.

4.2 Cancellation (Click-to-Cancel).You may cancel at any time from Settings → Billing → Cancel without speaking to a representative. Cancellation takes effect at the end of the current billing cycle; you retain access until that date. See the Refund & Cancellation Policy for refund details.

4.3 Renewal Reminder.For annual subscriptions, we send a reminder email 7–14 days before renewal with the renewal date, renewal amount, and a one-click cancellation link.

4.4 Price Changes.We may change prices with at least 30 days' written notice. New prices apply to your next renewal; you may cancel before the new price takes effect.

4.5 Payment Method & Failed Payments. Payments are processed by Stripe; we do not store full card numbers. If a payment fails, we will retry for up to 14 days; after 14 days we may suspend access, and after a further 30 days we may terminate the account and delete Customer Data in accordance with Section 6.

4.6 Taxes.Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, or similar taxes, except taxes on True Blue Horizon's net income.

4.7 Hardware. Gateway hardware purchases and any setup fee are governed by the Hardware Terms & Limited Warranty, which is incorporated by reference.

4.8 Chargebacks. If you initiate a chargeback for a charge you in fact owe, we may suspend or terminate your account. We will work in good faith to resolve billing disputes if you contact us before disputing the charge with your card issuer.

5. Acceptable Use

You agree to use the Service in accordance with the Acceptable Use Policy, which is incorporated by reference. Violation of the AUP may result in immediate suspension or termination without refund.

6. Customer Data & Telemetry

6.1 Ownership.As between you and True Blue Horizon, you own the raw telemetry data generated by your Vessel and any content you upload (“Customer Data”).

6.2 License to True Blue Horizon. You grant True Blue Horizon a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, process, and create derivative works from Customer Data solely to (a) provide and improve the Service, (b) generate Aggregated Data, (c) comply with law, and (d) enforce these Terms. This license terminates 30 days after account deletion, except for Aggregated Data which may be retained indefinitely.

6.3 Aggregated Data.We may create aggregated, statistical, or de-identified data from Customer Data (“Aggregated Data”). Aggregated Data is owned by True Blue Horizon. We will not re-identify Aggregated Data or disclose it in a manner that identifies you, your Vessel, or your Authorized Users.

6.4 Export & Deletion. You may export telemetry in CSV or JSON at any time from the dashboard. On termination or written request we will delete Customer Data within 30 days, subject to legal retention requirements and routine backup cycles (max 90 days).

6.5 Retention by Tier.Historical telemetry retention by tier: Entry — 3 months; Pro — 12 months; Custom — as specified in the Order Form.

6.6 Privacy. Our processing of personal information is governed by the Privacy Policy. For business customers, a Data Processing Addendum is available and, when executed, takes precedence over conflicting terms regarding personal data.

7. Third-Party Services

The Service relies on sub-processors and third-party providers (including Google Cloud, Supabase, Stripe, Google Gemini / Vertex AI, MapTiler, OpenSeaMap, and others listed at /subprocessors). Each operates under its own terms; we are not responsible for their acts or omissions beyond what is required by our Data Processing Addendum.

8. AI Features & Safety Notice

You understand and agree that the Service includes AI-generated output that may be incorrect, incomplete, or misleading. The Service is not a navigation, collision-avoidance, search-and-rescue, or distress-communication system. Do not rely on the Service for any decision that could affect human safety, vessel safety, or compliance with maritime regulations.

AI features are powered by third-party large language models (currently Google Gemini via Vertex AI). Your prompts and Vessel context may be transmitted to the model provider for processing. We use enterprise tiers that do not train on Customer Data by default, but we cannot guarantee third-party data handling. As between you and True Blue Horizon, you own the AI output generated for you, subject to the licence in Section 6.2.

You must read and acknowledge the Marine Safety & AI Disclaimer before first use of AI features, which forms part of these Terms.

9. Service Availability & Beta Features

We aim to make the Service available continuously but we do not guarantee uninterrupted access. Scheduled maintenance, sub-processor outages, telecommunications failures, severe weather, force majeure events, and emergency security updates may interrupt the Service. For Pro and Custom tiers, additional commitments may be set out in the Service Level Agreement.

Beta, preview, or experimental features are provided “as-is” without any service level commitment or warranty, may change or be discontinued at any time, and are governed by the Beta Terms.

10. Intellectual Property

10.1 Service IP. The Service, including its software, design, text, graphics, and other content, is owned by True Blue Horizon and protected by copyright, trademark, and other intellectual property laws. Your subscription grants a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose.

10.2 Feedback. If you provide suggestions, comments, or ideas about the Service, you grant True Blue Horizon a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose without obligation.

10.3 Trademarks.“True Blue Horizon”, the TBH wordmark, and related logos are trademarks of True Blue Horizon. You may not use them without prior written consent.

10.4 DMCA. We respect intellectual property rights. Our DMCA Policy and designated agent for claims of copyright infringement are available on our site. Repeat infringers' accounts will be terminated.

10.5 Open Source. The Service and Gateway firmware include open-source components subject to their respective licenses, listed at /open-source.

11. Warranty Disclaimer & Limitation of Liability

11.1 Warranty disclaimer. Except as expressly stated in these Terms, the Service and any hardware are provided “as is” and “as available” without warranty of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. True Blue Horizon does not warrant that AI output will be accurate or complete.

11.2 Exclusion of damages. To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or use, arising out of or relating to the Service, even if advised of the possibility of such damages.

11.3 Cap. Each party's total cumulative liability arising out of or relating to these Terms will not exceed the greater of (a) the fees paid by you to True Blue Horizon in the twelve (12) months preceding the event giving rise to the claim, or (b) USD $1,000.

11.4 Carve-outs.Sections 11.2 and 11.3 do not apply to: (a) a party's indemnification obligations; (b) breach of confidentiality; (c) gross negligence, fraud, or wilful misconduct; (d) infringement of the other party's intellectual property; (e) amounts owed for the Service.

11.5 Non-Excludable Rights. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded under applicable consumer-protection law, including, if applicable, the consumer guarantees in the Australian Consumer Law and any non-waivable state-law consumer rights in the United States.

11.6 Allocation of Risk. The pricing of the Service reflects this allocation of risk. The parties acknowledge that the limitations in this Section are essential to the bargain.

12. Indemnification

12.1 By True Blue Horizon. We will defend you against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes a US-issued patent, US copyright, or US trademark, and will pay damages and costs finally awarded or agreed in settlement. Our exclusive remedies if the Service is held to infringe are (a) to procure the right to continue using it, (b) to modify it to be non-infringing, or (c) to terminate the affected portion with a pro-rata refund.

12.2 By You.You will defend, indemnify, and hold True Blue Horizon harmless from any third-party claim arising from (a) your or any Authorized User's misuse of the Service, (b) Customer Data, (c) breach of the Acceptable Use Policy, or (d) operation of your Vessel.

12.3 Procedure.The indemnified party must promptly notify the indemnifying party of the claim, give it sole control of the defence and settlement (provided the settlement imposes no liability or admission on the indemnified party), and provide reasonable cooperation at the indemnifying party's expense.

13. Term & Termination

13.1 Termination by You.You may cancel at any time via Settings → Billing → Cancel.

13.2 Termination by Us.We may suspend or terminate access (a) immediately for material breach of these Terms, the AUP, or applicable law; (b) after 30 days' notice for non-payment under Section 4.5; or (c) for convenience on 60 days' written notice with a pro-rata refund of prepaid annual fees.

13.3 Effects. On termination: (a) access ends at the close of the current billing cycle (or immediately for AUP violation); (b) you may export Customer Data for 30 days; (c) thereafter we will delete Customer Data per Section 6.4; (d) you must cease using the Service; (e) purchased Gateway hardware may be retained but may no longer receive firmware updates; rented hardware must be returned within 30 days.

13.4 Survival. Sections 4 (fees owed), 6.3, 8, 10, 11, 12, 14, 15, 16, and any provision that by its nature should survive, will survive termination.

14. Governing Law & Dispute Resolution

14.1 Governing Law. If you are located in the United States, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are located outside the United States, these Terms are governed by the laws of New South Wales, Australia.

14.2 Informal Resolution. Before filing any claim, you agree to send a written Notice of Dispute to legal@truebluehorizon.com describing the claim and proposed resolution. The parties will negotiate in good faith for 60 days before commencing formal proceedings.

14.3 Binding Arbitration (US Customers). Any dispute not resolved informally will be resolved by individual binding arbitration administered by JAMS under its Streamlined Arbitration Rules (or, for claims over USD $250,000, the JAMS Comprehensive Rules). The seat of arbitration is Wilmington, Delaware; hearings (if any) may be conducted by video. The arbitrator has authority to grant any remedy a court could grant. Judgment on the award may be entered in any court of competent jurisdiction.

14.4 Class action waiver. You and True Blue Horizon agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative action. Jury trial is waived. If this Section 14.4 is found unenforceable, the entire Section 14 (other than 14.1) is void as to the affected claim.

14.5 Small Claims.Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction.

14.6 30-Day Opt-Out. You may opt out of Sections 14.3 and 14.4 by sending an email to legal@truebluehorizon.com within 30 days of first accepting these Terms with the subject line “Arbitration Opt-Out” and your account email. Opting out does not affect any other provision of these Terms.

14.7 Injunctive Relief. Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.

14.8 Non-US Customers. For customers outside the United States, disputes will be resolved in the courts of New South Wales, Australia, subject to any non-excludable consumer rights.

15. Compliance, Export Controls & Sanctions

You represent that you and the Vessel are not (a) located in, or ordinarily resident in, any country or region subject to US comprehensive sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and (b) not identified on any US Government restricted party list. You agree to comply with applicable export-control and sanctions laws, anti-bribery laws (including the US Foreign Corrupt Practices Act), and all applicable maritime regulations.

16. Miscellaneous

16.1 Changes. We may update these Terms. We will notify you of material changes at least 30 days before they take effect; if you reject a material adverse change, you may terminate and receive a pro-rata refund of unused prepaid fees. Continued use after the effective date constitutes acceptance.

16.2 Assignment. You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

16.3 Force Majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including severe weather, natural disasters, war, terrorism, pandemic, government action, telecommunications failures, internet outages, or sub-processor outages.

16.4 Notices. Legal notices to us must be sent to legal@truebluehorizon.com. Notices to you may be sent to the email on your account or posted in the Service.

16.5 Entire Agreement. These Terms, together with the documents incorporated by reference, constitute the entire agreement and supersede any prior agreements regarding the same subject matter. Pre-printed terms on a purchase order will not modify these Terms unless signed by both parties.

16.6 Severability & Waiver. If any provision is unenforceable, the remainder remains in force. Failure to enforce a provision is not a waiver.

16.7 Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.

16.8 California Notice. California residents may report complaints to the California Department of Consumer Affairs, Division of Consumer Services, 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

17. Contact

Questions about these Terms: legal@truebluehorizon.com. Privacy enquiries: privacy@truebluehorizon.com. Support: support@truebluehorizon.com.