Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the Yacht Watchkeeper website, applications and digital platform (together, the "Platform"). By creating an account, subscribing, accepting an invitation to the Platform, or otherwise using the Platform, you agree to be legally bound by these Terms.

Where you use the Platform on behalf of a vessel, owning company, management company, operator or other organisation (the "Customer"), you confirm that you are authorised to accept these Terms on its behalf, and "you" means both you and that organisation.

These Terms apply alongside our Privacy Policy, Cookie Policy, Acceptable Use Policy and, where applicable, our Data Processing Addendum, each available in the Legal Hub.

Yacht Watchkeeper is a trading name of Roebuck AI Agency Ltd, a company registered in England and Wales under company number 16868241, with registered office at 124 City Road, London, EC1V 2NX, United Kingdom.

In these Terms, "Yacht Watchkeeper", "we", "us" and "our" mean that company.

You must be at least 18 years old and legally capable of entering into binding contracts. If you act for a vessel, company or individual, you confirm you hold the necessary authority to do so, including authority to input, approve and submit records relating to other people.

The Platform is provided for business and professional use. It is not offered to consumers.

Yacht Watchkeeper is a digital administrative, record-keeping, monitoring and compliance-support platform for vessels, crew and shore-side management. Depending on your subscription, configuration and permissions, the Platform may provide tools for:

• crew records, crew profiles, contractors, day workers and guest or visitor records;
• watch scheduling, working-hour templates and watch handover;
• hours of work and hours of rest recording, monitoring and reporting;
• leave planning, rotation management and leave accrual calculations;
• end of contract workflows, notice, travel days and crew movements;
• flights, travel records and flight allowance tracking;
• sea service records and calculations;
• certificates, qualifications and expiry monitoring;
• passport, visa and immigration records, including Schengen day tracking;
• medical declarations and related health information;
• new joiner onboarding, seafarer employment agreement readiness and offer workflows;
• payroll support, expenses, cash advances and reimbursements;
• inventory, cabins, berthing and muster records;
• document generation and export, including support for the generation of IMO FAL Forms 1, 3, 4, 5 and 6;
• notifications, reminders and operational briefings;
• automated calculations, AI-assisted document reading, audit trails, electronic acknowledgements and signatures; and
• role-based access controls and per-vessel data separation.

Features vary by plan and configuration, and may be added, changed or withdrawn in accordance with the section on Service Availability and Changes.

The Platform contains tools designed to assist users in recording, monitoring and evidencing matters relevant to maritime frameworks including, where applicable, MLC 2006, STCW, MCA guidance, the Large Yacht Code and REG, flag-State requirements and other maritime requirements.

Use of the Platform does not constitute, and must not be represented as:

• approval, endorsement or accreditation by the International Labour Organization;
• approval by any flag State, port State or maritime administration;
• approval, review or certification by a classification society or recognised organisation;
• certification, inspection or audit of a vessel, company or seafarer;
• legal, regulatory, tax, employment or professional advice; or
• a guarantee that a vessel, operator, Master or seafarer is compliant with any requirement.

Responsibility for determining, achieving and maintaining compliance remains at all times with the shipowner, operator, management company, Master, officers, crew and other responsible persons.

You acknowledge that:

• requirements differ between flag States, jurisdictions, vessel types and operating modes;
• exemptions, equivalences and authorised exceptions may apply to your vessel;
• regulations, guidance and interpretations change over time; and
• you remain responsible for determining which rules apply to your vessel and for configuring the Platform accordingly.

The Platform provides hours of rest functionality which may record work and rest periods, perform rolling-period assessments, identify potential non-compliance, present warnings, capture explanations, reviews and acknowledgements, maintain audit history, and produce monthly summaries, signed records and exports.

This functionality is designed to support accurate record-keeping and early identification of issues. It does not replace the statutory duties of the Master, the operator or the seafarer. In particular:

• users remain responsible for entering and confirming accurate and complete work and rest information, including corrections and amendments;
• actual working practices on board must correspond to the information recorded;
• the Master and the operator remain responsible for statutory compliance and for the accuracy of records presented to any authority;
• automated assessments and warnings are calculations based on recorded data and do not constitute regulatory certification or approval;
• identified breaches, warnings and monthly records should be reviewed before they are acknowledged, signed, locked, exported or submitted; and
• we cannot guarantee that any particular electronic record, format or export will be accepted by a given flag State, port State, inspector or other authority.

You are responsible for the accuracy, completeness, currency and lawfulness of all information entered, uploaded, imported, generated on your instruction or approved within the Platform, including where applicable:

• work and rest periods, watch schedules and working-hour templates;
• employment dates, seafarer employment agreement terms and contractual settings;
• leave entitlement, accrual settings, rotation patterns and travel arrangements;
• payroll, expense, allowance and reimbursement information;
• certificates, qualifications, issue and expiry dates and sea service information;
• passport, visa and immigration information and crew movements;
• medical declarations and related health information;
• approvals, comments, acknowledgements and signatures; and
• vessel settings, departmental structures, permissions and compliance profiles.

Automated outputs depend entirely on the underlying data and configuration. You must review material calculations and records before relying on them for regulatory, employment, payroll, immigration, financial or operational purposes.

You are also responsible for ensuring that you have a lawful basis to enter information about other individuals, and for informing those individuals as required by applicable data protection law.

The Platform performs automated calculations, which may include hours of rest assessments, leave accrual, end of contract balances, notice and travel days, sea service, payroll and reimbursement figures, certificate status and compliance monitoring.

These calculations are produced from:

• information supplied to or imported into the Platform;
• vessel, employment and policy settings configured by the Customer;
• rules implemented within the Platform; and
• available interpretations of the relevant requirements at the time of implementation.

They are provided to support decision-making. You should verify material outputs before making significant legal, regulatory, employment or financial decisions, and should raise any apparent discrepancy with us so that it can be investigated.

The Platform uses artificial intelligence, optical character recognition and other automated techniques to assist with reading, classifying and extracting information from uploaded documents such as certificates, passports, visas, contracts, invoices, receipts, tickets and booking confirmations, and to power in-app assistance features.

• Automated extraction and classification can contain errors or omissions.
• Extracted values are presented for review and you must verify important extracted information before it is relied upon or approved.
• The uploaded source document remains the authoritative record unless otherwise expressly agreed.
• AI-generated summaries, suggestions or extracted data are not legal, regulatory, medical, tax or other professional advice.

Documents and prompts submitted for automated processing are transmitted to specialist third-party AI service providers acting as our subprocessors, solely for the purpose of returning a result to the Platform. We do not use Customer data to train our own models, and we do not sell or license Customer data to any third party. Processing by AI providers is governed by their terms and our agreements with them. The current AI and infrastructure subprocessors are listed in our Subprocessor Register.

The Platform may send alerts, reminders, briefings and notifications by email or within the application. These are supplementary operational tools.

• Delivery cannot be absolutely guaranteed.
• Notifications may be delayed, filtered, suppressed or fail due to connectivity, vessel bandwidth, email providers, spam filtering, third-party systems, user configuration or technical failure.
• You must not rely solely on an automated alert to satisfy any statutory, regulatory, contractual or operational deadline.
• You remain responsible for monitoring certificate validity, rest compliance, employment matters, immigration deadlines and any other applicable obligations.

The Platform supports electronic acknowledgement, crew confirmation, head of department and Master or administrator review, drawn or typed electronic signatures, record locking, timestamps and audit history.

Actions performed through an authenticated account may be recorded and treated as actions attributable to the holder of that account. You are responsible for the security of your account and credentials, and for actions taken by anyone you permit to use them.

The Platform may retain audit evidence of:

• who performed an action and in what capacity;
• when the action was performed;
• what was reviewed, acknowledged, signed or locked; and
• subsequent authorised corrections or amendments and who made them.

Where a user with elevated privileges acts on behalf of another user, the Platform may record both the acting operator and the account on whose behalf the action was taken.

We do not warrant that every authority, court, inspector or jurisdiction will accept any particular electronic record, signature or export.

The Platform may assist with records and calculations concerning employment dates, leave, rotation, accrued leave, end of contract, notice, travel, allowances, expenses, reimbursements and payroll-related information.

Yacht Watchkeeper is not the employer of any crew member, is not a payroll bureau, an employment adviser or a manning agent, and does not determine contractual entitlement independently of the applicable seafarer employment agreement, collective agreement and applicable law.

The Customer remains responsible for:

• configuring employment terms, entitlements and policies correctly;
• verifying calculations before they are used;
• making lawful employment, disciplinary and payroll decisions; and
• resolving any discrepancy between Platform outputs and the underlying employment agreement or applicable law, which shall prevail.

The Platform assists with sea service records and calculations, certificate tracking, expiry monitoring, reminders and qualification records.

• Issuing authorities, administrations and examiners determine whether sea service, testimonials or qualifications are accepted. We do not.
• Users and Masters must verify the content of any sea service testimonial, record or export before it is signed or submitted.
• A reminder, status indicator or absence of a warning does not replace the responsibility of the seafarer, the Customer and the vessel for maintaining valid certification.

You must provide accurate account information, keep credentials confidential, use individual accounts rather than shared logins, and notify us promptly of any suspected unauthorised access.

Access within the Platform is governed by role-based permissions configured by the Customer. The Customer is responsible for granting, reviewing and revoking access appropriately, including on crew departure or change of role.

You agree not to:

• submit false, misleading or falsified records, including work or rest records;
• use the Platform for any unlawful, fraudulent or deceptive purpose;
• attempt unauthorised access to data, accounts, vessels or systems;
• circumvent permissions, access controls, record locking or audit functionality;
• copy, scrape, reverse engineer, decompile or create derivative works from the Platform, except to the extent such restriction is prohibited by law;
• upload malicious code or content that infringes the rights of others; or
• resell, sublicense or provide access to the Platform to unauthorised third parties.

Our Acceptable Use Policy forms part of these Terms.

The Platform is provided on a subscription basis, billed monthly or annually in advance through our payment provider. Subscriptions renew automatically unless cancelled before the end of the current billing period.

A free trial may be offered. At the end of a trial, continued access requires an active paid subscription.

Fees are exclusive of VAT and other applicable taxes, which will be added where required. We may change prices for future billing periods on reasonable prior notice; changes take effect at the next renewal.

You may cancel at any time and access remains available until the end of the paid period. Except where required by law, fees are non-refundable and no pro-rated refunds are issued for unused time. We may suspend or restrict access where payment fails or is overdue.

"Confidential Information" means non-public, proprietary or sensitive information accessed, processed, stored, transmitted or generated through the Platform, including crew, Master, contractor and guest personal data; employment records, contracts, leave balances, schedules and watchkeeping logs; vessel identities, locations, itineraries, movements and operational data; owner, charterer and management company information; credentials, permissions, security settings and audit logs; and communications, documents, uploads and metadata.

Confidential Information excludes information that is or becomes public through no breach of these Terms, was lawfully known before disclosure, or is independently developed without reference to it.

We undertake that we shall:

• not disclose Confidential Information to unauthorised third parties;
• not sell, rent, license, trade, mine, monetise or commercially exploit Customer data;
• not use Customer data for advertising, marketing profiling or behavioural analysis;
• access Customer data only as reasonably required to operate, support, secure, maintain and improve the Platform, to investigate suspected misuse, or as instructed by the Customer;
• claim no ownership or intellectual property rights over Customer data; and
• impose equivalent confidentiality obligations on personnel and subprocessors.

Disclosure may occur only where:

• required by law, regulation or court order;
• necessary for subprocessors and essential service providers engaged under written confidentiality and data protection obligations;
• expressly authorised by the Customer or the relevant user; or
• the data has been irreversibly aggregated or anonymised so that no individual, vessel or Customer is identifiable.

These obligations apply regardless of format or medium and survive termination for as long as any Confidential Information is retained.

As between the parties, all data entered into or generated within the Platform by or for the Customer remains the property of the Customer or its organisation. We claim no ownership of it.

We own, or are licensed to use, all rights in the Platform itself, including its software, source code, algorithms, rule engines, data models, interface, platform architecture, generic workflows, templates, documentation and branding. Customer ownership of data does not transfer any ownership of or licence to the Platform or its underlying software beyond the right of access granted by these Terms.

We process personal data in accordance with the UK GDPR, the Data Protection Act 2018 and, where applicable, the EU GDPR.

Yacht Watchkeeper acts:

• as processor in respect of vessel, crew, guest and operational personal data that the Customer enters into or generates within the Platform, processing it on the Customer's documented instructions; and
• as controller in respect of a limited set of data processed for our own legitimate purposes, such as account administration and authentication, billing and payment records, platform security and abuse prevention, error and system monitoring, service communications, and compliance with our own legal obligations.

Where we act as processor, our Data Processing Addendum (the "DPA") applies and sets out the Article 28 obligations, including subprocessing, assistance with data subject rights, security, breach notification, and deletion or return of personal data.

The DPA includes Annex I (details of processing), Annex II (technical and organisational measures) and Annex III, which is maintained as the Subprocessor Register. Changes to subprocessors are notified in accordance with section 9 of the DPA.

The DPA is incorporated into and forms part of these Terms and applies automatically to every Customer, in every subscription tier, wherever Yacht Watchkeeper processes personal data on the Customer's behalf. No separate request, negotiation, execution or subscription tier is required for the DPA to apply. It is not an enterprise-only benefit. Where the Customer requires a counter-signed copy for its own records, we will provide one on request; the absence of a signed copy does not affect the DPA's application.

Where a Customer has entered into a separate written agreement with us containing supplementary or replacement data-processing terms (including bespoke enterprise, fleet or management-company terms), those expressly agreed written terms prevail over the DPA to the extent of any conflict. In all other cases the DPA governs. In the event of a conflict between these Terms and the DPA in respect of the processing of personal data carried out on the Customer's behalf, the DPA prevails.

Note: the allocation of controller and processor roles in this section should be confirmed with a qualified data protection adviser.

The Platform may be used to record medical declarations, seafarer medical certificate details, fitness information, dietary or allergy information and similar records. Such information may constitute special category personal data under applicable data protection law.

The Customer is responsible for establishing and maintaining an appropriate lawful basis and Article 9 condition for entering and processing such information, for limiting access to those with a genuine need, and for providing appropriate transparency information to the individuals concerned.

Where we act as processor, we will process such information only in accordance with applicable data protection obligations and the Customer's documented instructions, and will apply access controls appropriate to its sensitivity.

We implement appropriate technical and organisational measures designed to protect personal data and Confidential Information against unauthorised or unlawful processing and against accidental loss, destruction or damage. These measures include authenticated access, role-based permissions and per-vessel data separation, encryption in transit and at rest where appropriate, private document storage, logging and monitoring, security patching, and incident response processes.

No system can be guaranteed to be completely secure. We do not warrant that the Platform will be free from unauthorised access, and you remain responsible for the security of your own devices, networks and credentials.

The primary Platform database and document storage are hosted within the European Economic Area. Certain supporting services, such as payment processing, email delivery and AI-assisted document processing, may involve processing outside the UK or EEA. Where personal data is transferred internationally, we will ensure a lawful transfer mechanism is in place, such as an adequacy regulation or decision, the UK International Data Transfer Agreement or Addendum, standard contractual clauses, or another mechanism permitted by applicable data protection law.

Where we are required to do so under applicable law, or under our agreement with a Customer acting as controller, we will notify the relevant party of a personal data breach without undue delay after becoming aware of it, and will cooperate in the investigation, containment and any required regulatory or individual notification.

Note: the transfer mechanisms and breach notification wording in this section should be confirmed with a qualified data protection adviser.

The Platform depends on independent third-party services, which may include hosting, database and storage providers, authentication services, payment providers, email delivery providers, AI and document-processing providers, mapping or reference data services and other integrations.

We select and manage these providers with reasonable care, but we do not control them and do not guarantee their uninterrupted or error-free performance. We are not liable for failures, delays, outages, changes or security incidents attributable to an independent third-party service, except to the extent such liability cannot lawfully be excluded.

All intellectual property rights in the Platform, its software, algorithms, interface, architecture, generic workflows, templates, documentation, content and branding are owned by or licensed to Yacht Watchkeeper. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for your internal business and vessel operations. No other rights are granted.

If you provide feedback or suggestions, you grant us a perpetual, royalty-free right to use them to improve the Platform, without any obligation to you and without disclosing your Confidential Information.

We aim to provide a reliable service but do not guarantee uninterrupted availability. We may suspend access for maintenance, updates, security or technical reasons, and will use reasonable efforts to give advance notice of planned interruptions where practicable.

We may improve, modify, add to, replace, update or remove features where reasonably necessary, including for security, legal, regulatory, technical or commercial reasons. We will not make a change that materially degrades the core functionality you subscribe to without giving reasonable prior notice; if such a change materially and adversely affects you, you may cancel your subscription and receive a pro-rated refund of prepaid fees for the unused remainder of the then-current billing period.

Except as expressly stated in these Terms, the Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we exclude all implied warranties, conditions and terms, including as to satisfactory quality, fitness for a particular purpose and non-infringement.

We make no warranty that the Platform will produce any particular regulatory outcome, that records or exports will be accepted by any authority, or that outputs will be free of error where the underlying data or configuration is incomplete or inaccurate.

Note: this section is intended to be reviewed and confirmed by a qualified solicitor before it is relied upon.

Nothing in these Terms limits or excludes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, where applicable; or
• any other liability which cannot lawfully be limited or excluded.

Subject to the paragraph above, and to the fullest extent permitted by law, we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:

• indirect, special or consequential loss;
• loss of profits, revenue, business, contracts, opportunity, goodwill or reputation;
• loss of charter, hire, freight or earnings, vessel delay, off-hire or detention;
• fines, penalties or sanctions imposed by a regulator, flag State, port State or other authority;
• missed voyages, cancelled itineraries, port clearance delays or crew change disruption;
• employment, payroll, immigration or crew disputes;
• loss arising from inaccurate, incomplete or unlawful information entered or approved by a user;
• loss arising from missed, delayed, filtered or undelivered alerts, reminders or notifications;
• certificate, medical or visa expiry, lapse of qualification or loss of certification;
• decisions of any authority, issuing body, examiner or administration, including rejection of sea service or other evidence;
• failure, outage, change or act of any independent third-party service; or
• reliance on automated calculations or AI-assisted outputs that have not been verified.

Subject to the carve-outs above, our total aggregate liability arising out of or in connection with these Terms and the Platform shall not exceed the total subscription fees paid by you to us in the twelve months immediately preceding the event giving rise to the claim.

You acknowledge that this allocation of risk is reasonable given the nature of the Platform as a support tool and the subscription fees charged.

Note: the scope of this indemnity should be confirmed by a qualified solicitor.

You shall indemnify us against reasonable losses, damages, costs and expenses (including reasonable legal fees) arising from third-party claims to the extent caused by:

• your unlawful or unauthorised use of the Platform;
• data or content you submit, including where you had no lawful basis to process it;
• infringement of third-party rights by material you upload; or
• your material breach of these Terms or the Acceptable Use Policy.

We will notify you promptly of any such claim, allow you to participate in its defence, and take reasonable steps to mitigate. This indemnity does not apply to the extent the claim is caused by our own breach or negligence.

You may terminate by cancelling your subscription. We may suspend or terminate access where payment is overdue, where there is a material breach of these Terms, where required by law, or where continued access presents a security or legal risk. Where practicable and lawful, we will give notice and an opportunity to remedy.

Termination does not affect rights or liabilities accrued before termination. Sections relating to confidentiality, data ownership, intellectual property, disclaimers, limitation of liability, indemnity, retention and governing law survive termination.

While a subscription is active, authorised users may export records from the Platform, including hours of rest records, crew and certificate data and generated documents. You are responsible for taking and retaining your own copies of records you are required to keep.

You remain responsible at all times for identifying, exporting and retaining any records you are required to keep for regulatory, flag State, port State, employment, tax or commercial purposes. We are not your record-keeping system of record and do not undertake to preserve records on your behalf.

Post-termination export window. On expiry, cancellation or termination, the right to use the Platform for operational purposes ends and access may be restricted, downgraded or placed into a limited state at our discretion. Where technically and legally appropriate, we will make Customer data available for export for a period of up to thirty (30) days from the effective date of termination. During that window we are not obliged to maintain live, complete or uninterrupted operational functionality, to continue processing, alerting, calculating, generating documents or synchronising data, or to provide support, and functionality may be limited to retrieval of data in the formats then available.

The export window does not apply, or may be shortened or withheld, where access is suspended or terminated for non-payment beyond any applicable cure period, security risk, suspected unlawful activity, misuse of the Platform, or other serious or repeated breach of these Terms, or where making data available would breach applicable law, a court order or a regulatory requirement, or would prejudice the rights of a third party. Where a dispute exists as to entitlement to the data, we may withhold export pending resolution.

We do not undertake to restore, reconstruct or recover data that has already been lawfully deleted, anonymised, purged or overwritten in accordance with these Terms, the DPA, our Privacy Policy or our retention practices, whether before or after termination.

Retention. Personal data and Customer data are retained only for as long as is reasonably necessary for the purposes for which they are processed, to perform our contractual obligations, to establish, exercise or defend legal claims, and to comply with applicable legal, regulatory, maritime, employment, tax and accounting requirements. Retention is governed by our Privacy Policy, the DPA and our applicable retention policy as updated from time to time. Different classes of data (including hours of rest and signed or locked records, audit and correction records, employment and seafarer employment agreement information, leave and end-of-contract records, payroll, expense and reimbursement data, sea service records, certificates, passport and immigration information, special category information, guest information, account and security logs, and uploaded documents) are subject to different retention periods reflecting their purpose and the legal obligations attaching to them. Where retention is no longer necessary and no legal obligation, legal hold or legitimate ground requires otherwise, data is deleted or irreversibly anonymised.

Legal, regulatory or dispute-related retention obligations, and any legal hold, override deletion for so long as they apply.

Backups are retained on a rolling basis and are overwritten in the ordinary course; data may persist in backups for a limited period after deletion from the live system. Certain operational logs are purged automatically on defined schedules.

Where a vessel changes management company, owner or account holder, we will act on the instructions of the party we reasonably determine to be the entitled account holder or controller. Where entitlement is disputed, we may suspend changes to the affected data until the dispute is resolved between the parties or by a competent authority.

Class-by-class retention periods are set out in our Data Retention Schedule, which forms part of these Terms. The thirty (30) day post-termination export window is an access window only; it does not define, limit or extend how long any class of data is retained. Some data is deleted sooner and some is retained longer where a legal obligation, limitation period or legal hold applies.

We may update these Terms from time to time. Material changes will be notified through the Platform or by email before they take effect. Continued use of the Platform after the effective date of the updated Terms constitutes acceptance. If you do not accept a material change, you may cancel your subscription before it takes effect.

These Terms and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

Nothing in these Terms affects any mandatory rights a seafarer may have under applicable employment or maritime law against their employer, which are a matter between the seafarer and their employer.

Questions about these Terms, data protection requests and requests for a signed Data Processing Addendum should be directed to Yacht Watchkeeper, 124 City Road, London, EC1V 2NX, United Kingdom, or through the contact options available in the Platform and on our website.