Terms of Service

1. Who we are and what these terms cover

boatparts.app is operated by Thumanns LLC, a Florida limited liability company, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, United States ("we", "us"). Full details are on the Legal notice page.

These terms govern your use of the boatparts.app mobile apps and the boatparts.app website (together, the "Service"). By creating an account or using the Service you accept them. If you do not accept them, please do not use the Service.

The Service is available worldwide. Some sections below give people in the European Union and the European Economic Area rights that their law guarantees them; where that is the case, it is stated. You may use the Service as a consumer or in a professional capacity, as a dealer, yard or service provider.

2. Our role: a platform, not a party to your deal

It follows that we do not warrant the existence, quality, safety, legality, fitness for purpose or accurate description of any item listed, nor the ability of a seller to sell or of a buyer to pay. Price, payment, handover, shipping, warranty and returns are matters between you and the other user.

We do not review listings before they are published. We do act on reports — see section 10.

3. Your account

• You must be at least 16 years old and able to enter into a binding contract.
• Your details must be accurate and current. If you sell in a professional capacity, you are responsible for meeting the obligations that apply to traders where you are, including your own company information and consumer disclosures.
• Keep your credentials confidential. You are responsible for activity under your account unless you can show it was not attributable to you.
• One person, one account. Accounts may not be transferred or sold.
• Tell us promptly at mail@boatparts.app if you suspect unauthorised use.
• If you are a registered user under 18 living in California, you may ask us to remove content you posted. Write to mail@boatparts.app and we will remove it or make it invisible to other users. Complete removal from our systems, and from copies others may already have made, cannot be guaranteed.

4. Rules for listings

• List only items you actually own and are entitled to sell, and describe them truthfully — including defects, wear, damage, missing parts and repairs.
• Use your own photographs of the actual item. Do not use manufacturer or stock images without the right to do so.
• Put the item in the correct category and fill the category attributes accurately. Fit is the whole point: shaft length, voltage, dimensions and compatibility must be right.
• State a serious price, including any sales tax or VAT that applies to you. Do not list the same item multiple times to gain visibility.
• Take listings down once the item is sold or no longer available.
• Safety-critical equipment — life rafts, life jackets, EPIRBs, flares, gas systems, fuel system parts — must be described with its service or expiry status. Do not offer expired pyrotechnics or safety equipment as usable if it is not. Selling and shipping flares and other pyrotechnics is tightly regulated in most countries; complying with the law where you are is your responsibility.

5. Prohibited content and conduct

You may not use the Service to:

• offer stolen goods, counterfeits, or items that infringe third-party rights;
• offer items whose sale is restricted or prohibited by law — including weapons and ammunition, hazardous substances outside the applicable rules, and equipment intended to defeat safety or emissions requirements;
• offer items that are not boat-related, or use listings as advertising for unrelated products or services;
• post unlawful, deceptive, defamatory, discriminatory, harassing or pornographic content;
• scrape, crawl or bulk-download the Service, use bots, or place unreasonable load on our infrastructure;
• circumvent technical limits — including the limit on active listings for your plan — or use multiple accounts to do so;
• collect other users' data for purposes outside a specific transaction, or send them unsolicited advertising;
• impersonate another person, business or us.

6. Deals between users

Once a buyer sends a purchase request and the seller accepts it, a contract is formed between those two users on the terms they agreed. We are not a party to it and hold no money.

Payment and handover are arranged directly between you. Please use common sense: inspect before you pay where possible, be sceptical of any request to move the conversation off the platform, and never send money to someone whose identity you have not confirmed. We will never ask you for your password or your payment details.

Where a seller acts as a trader and the buyer as a consumer, the trader's own legal obligations — warranty, right of withdrawal, information duties — apply between them directly and in full.

After a completed deal both parties may leave a rating. Ratings must be factual and relate to the transaction. We may remove ratings that are abusive, off-topic or manifestly false.

7. Subscriptions and billing

Using boatparts.app is free. Free accounts may keep 3 listings active at once. Optional paid plans raise that limit and add features:

We take no commission on your sales.

Subscriptions are purchased and billed through your Apple App Store or Google Play account, under that store's terms. Payment is taken by Apple or Google, not by us.

• Payment is charged to your store account at confirmation of purchase, and the stated price includes any applicable taxes as calculated by the store.
• Subscriptions renew automatically for the same period at the same price unless you cancel at least 24 hours before the end of the current period. Your store account is charged for renewal within 24 hours before the period ends.
• Manage or cancel a subscription in your App Store or Google Play account settings. Deleting the app does not cancel a subscription.
• If we change the price of an ongoing subscription, the store will ask you to agree before the new price takes effect.

If your subscription ends and you have more active listings than your new plan allows, we will ask you to reduce them. Until you do, listings above the limit may be hidden from search and the map. We do not delete them for that reason alone.

Refunds for store purchases are handled by Apple or Google under their policies.

8. Cancelling and the right of withdrawal

You can stop using the Service at any time. The free account contract ends when you delete your account — see section 13.

If you are a consumer in the EU or EEA, you have a statutory right to withdraw from a distance contract within 14 days without giving reasons. This applies both to the free account contract and to a paid subscription.

• For the free account, exercise it simply by telling us at mail@boatparts.app, or by deleting your account in the app. Nothing has been paid, so there is nothing to refund.
• For a paid subscription, the contract of purchase is with Apple or Google as seller, so the right is exercised through them: use Apple's "Report a Problem" or the Google Play refund process. Their terms and their withdrawal and refund policies apply to the purchase. If a store refuses a request you believe is justified, write to us and we will help you pursue it.

9. Your content and the licence you grant us

Everything you upload — listing text, photos, profile details, messages — remains yours.

To be able to display it, you grant us a non-exclusive, worldwide, royalty-free licence to store, reproduce, adapt in size and format, and publicly display that content, for the purpose of operating and promoting the Service. The licence ends when you delete the content or your account, except where we must retain it by law or to defend against legal claims, and except for copies already made by third parties.

You confirm that you hold the necessary rights to the content you upload and that it does not infringe anyone else's rights.

10. Reports, moderation and enforcement

Anyone can report content they consider illegal or in breach of these terms, at mail@boatparts.app or through the form at boatparts.app/contact. Please describe the content, where to find it, and why you consider it unlawful or in breach, and give us a way to reach you.

How we handle a report. We confirm receipt without undue delay. We review the report in a timely, diligent, non-arbitrary and objective way. Where a report allows us to establish illegality without a detailed legal examination, we act on it promptly. We then tell the reporter our decision and the reasons for it.

What we can do. If content breaches these terms or the law, we may — proportionately to how serious it is — restrict its visibility, remove it, suspend the account temporarily, or terminate it. These decisions are made by a person. We do not use automated content moderation tools to make them.

Telling you why. If we act against your content or your account, we tell you what we did, why, which term or law it was based on, whether the decision followed a report or our own initiative, and how you can challenge it.

Challenging a decision. Write to mail@boatparts.app within six months. We will review the objection properly and reverse the decision if it was wrong. This does not affect your right to go to a court or a competent authority instead.

Deliberate misuse of the reporting channel — manifestly unfounded reports or objections submitted repeatedly — may itself lead to measures against the account concerned, after a warning.

11. Availability

We aim for a reliable service but do not promise uninterrupted availability. Maintenance, technical faults and events outside our control can cause downtime, and we may develop, change or discontinue features. Where a change materially reduces what a paid plan offers, we will notify affected subscribers in advance and they may cancel.

12. Disclaimers and liability

12.1 The Service is provided as it is. Subject to 12.2 and 12.6, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that listings are accurate, or that any deal will be completed.

12.3 We are not liable for other users. Subject to 12.2 and 12.6, we are not liable for the conduct of other users, for content they publish, or for loss arising out of a transaction between users. If a deal goes wrong, your claim is against the other party to it.

12.4 Indirect loss. Subject to 12.2 and 12.6, we are not liable for indirect or consequential loss, loss of profit, loss of business, or loss of data.

12.5 Cap. Subject to 12.2 and 12.6, our total liability arising out of or in connection with the Service in any twelve-month period is limited to the greater of (a) the amount you paid us for the Service in that period, and (b) USD 100.

12.7 Indemnity. You will indemnify us against claims third parties bring against us because of content you published or because you breached these terms, unless you are not responsible for the breach. If you are a consumer, this applies only where you acted intentionally or negligently, and only to the extent the law where you live permits.

13. Term and termination

The agreement runs for an indefinite period. You can end it at any time by deleting your account in the app, under Profile → Settings → Danger zone; what that removes and what stays is set out at boatparts.app/delete-account. Deleting your account does not cancel a subscription bought through an app store — cancel that in your store account.

We may terminate the agreement with 14 days' notice. Either side may terminate immediately for good cause; for us, good cause includes serious or repeated breaches of these terms. Where we terminate or suspend your account, we will tell you why and how to challenge it, as set out in section 10.

14. Changes to these terms

We may amend these terms where there is a valid reason — changes to the Service, to our business model, or to the law. We will tell you at least 30 days before a material change takes effect, by email or in the app, and we will say plainly what is changing.

If you keep using the Service after the change takes effect, the amended terms apply to you. If you do not want to accept them, you can end the agreement at any time, before or after that date, at no cost, by deleting your account. We will not treat your silence alone as acceptance if you have stopped using the Service.

15. Governing law and disputes

15.1 These terms and any dispute arising out of them are governed by the laws of the State of Florida, United States, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods.

15.3 Consumers in the EU and EEA. You may bring proceedings against us in the courts of the country where you live, and we may bring proceedings against you only in those courts. In addition, and only if it suits you, you may choose to bring proceedings in the state or federal courts located in Pinellas County, Florida — that is an option offered to you, never an obligation.

15.4 Everyone else. If you are not a consumer, or you are a consumer outside the EU and EEA whose own law does not provide otherwise, the exclusive place of jurisdiction is the state and federal courts located in Pinellas County, Florida, and you consent to personal jurisdiction there.

15.5 Dispute resolution. Please write to us first — most problems are settled in an email. We do not take part in alternative dispute resolution proceedings before a consumer arbitration body, and we are not obliged to. This does not affect your right to go to court.

15.6 If any provision of these terms is or becomes invalid, the rest remains in force.

16. Copyright complaints

If you believe material on boatparts.app infringes your copyright, tell us at mail@boatparts.app. Please include:

• your physical or electronic signature;
• identification of the copyrighted work you say has been infringed;
• identification of the material you say is infringing, with enough detail for us to find it — a listing link or title;
• your address, telephone number and email address;
• a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent, or the law;
• a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on their behalf.

We remove or disable material that is the subject of a valid notice, and we terminate the accounts of repeat infringers. If your material was removed and you believe that was a mistake, you can send a counter-notice to the same address.

17. User content and our legal position

Listings, photos, messages, profile details and ratings are created by users. We host them; we do not write them and we do not check them before they appear.

Under United States law we are not treated as the publisher or speaker of information provided by our users, and moderating content in good faith does not change that (47 U.S.C. § 230). Under EU law we are a hosting provider: we are not liable for user content unless we have actual knowledge of illegality and fail to act, and we are under no general obligation to monitor what users publish (Articles 6 and 8 of Regulation (EU) 2022/2065). Both come with the same condition, which we take seriously: once we know about specific illegal content, we act.

18. Additional terms for the app stores

These terms are between you and us. Apple and Google are not parties to them and are not responsible for the Service.

If you downloaded the app from the Apple App Store:

• the licence is granted by us, not by Apple, and is limited to a non-transferable licence to use the app on Apple-branded devices you own or control, as permitted by the App Store Terms of Service;
• Apple has no obligation to provide maintenance or support for the app;
• if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price if any; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app;
• we, not Apple, are responsible for addressing any claim relating to the app, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar law;
• we, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the app infringes intellectual property rights;
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

If you downloaded the app from Google Play, the Google Play Terms of Service apply to that download in addition to these terms. Google is not a party to these terms and is not responsible for the Service or for supporting it.

19. Export control and sanctions

As a United States company we are subject to US export control and sanctions law. By using the Service you confirm that you are not located in a country subject to a US government embargo or designated as a terrorist-supporting country, and that you are not on any US government list of prohibited or restricted parties. You agree not to use the Service in breach of applicable export control or sanctions law. We may suspend or terminate an account where we must do so to comply with these rules.