Terms of Use

These terms of use (the “Terms of Use” or the “Terms”) constitute a binding legal agreement between Watchkeeper Technologies Inc. a company incorporated pursuant to the laws of British Columbia, and any affiliates or subsidiaries through which we may operate (referenced herein as “Watchkeeper,” “us”, “we”, or “our”). These Terms govern your use of our website, accessible at https://watchkeeper.me (the “Website”), the associated mobile app (the “App”) and the services available thereon (the “Services”). By using or accessing the Website or App or the services provided thereon (collectively the “Platform”) you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you may not access or use the Platform.

By Platform you represent and warrant that you are above the age of 19 or the age of majority in your jurisdiction. If you are using the Platform on behalf of a separate legal entity such as a corporation, then you affirm that you are an authorized representative or agent of that entity with the authority to bind such entity and agree to these terms on behalf of such entity. In such a circumstance, both you and the entity will be bound by these Terms and the words “you” and “your” as used in these terms will refer to and apply to both you personally and the entity.

We reserve the right to modify the Terms at any time by posting a revised notice of the Terms on the Platform at least fifteen (15) days before the changes are to take effect and providing you notice of such changes at the contact info you have in place with us. Your continued use of the Platform after the date such changes take effect constitutes acceptance of any revised Terms. If you do not accept any revised Terms, please do not continue using the Platform.

Certain features of the Platform are made available through subscription plans, including a free tier and a premium paid tier. A description of our pricing and service tiers may be found on our Website or App. Sales tax will be added to the price of purchases as deemed required by us. We reserve, in our sole discretion, the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Paid subscriptions automatically renew at the end of each billing period at the then-current price unless cancelled in accordance with the instructions made available through the Platform or your account settings before the renewal date. You may cancel your subscription at any time. If you cancel your subscription, you will continue to have access to the Platform until the end of your current billing cycle, at which time your subscription will terminate and you will no longer be able to access the Services.

We may change the prices for, and the features included in, any subscription tier from time to time by posting the updated pricing or tier description on the Website or App. If you are on a paid subscription at the time of such a change, the change will take effect upon the renewal of your then-current subscription term, and your continued use of the Platform after that renewal constitutes acceptance of the updated pricing and tier features. If you do not agree to the change, you may cancel your subscription before the renewal date in accordance with the cancellation instructions made available through the Platform.

Except as required by applicable law or as provided in our discretion, fees already paid are non-refundable, and no credits or refunds will be issued for partial billing periods, unused features, or features that you elect not to use. If we terminate your paid subscription or your access to the Platform for our convenience (and not for your breach of these Terms, your violation of applicable law, your misuse of the Platform, or any other cause attributable to you), we will refund the prorated portion of any subscription fees you have prepaid for the period after the effective date of termination. No refund will be issued where your subscription or access is terminated or suspended for cause.

You authorize us, or our third-party payment processor, to charge your designated payment method on a recurring basis for the applicable subscription fees and taxes. You agree to provide current, complete and accurate purchase and account information for all your purchases made through the Platform, so that we can complete your transactions and contact you as needed.

For any billing issues please contact us at hello@watchkeeper.me.

To access certain features of the Platform, you must first create an account (“Account”), which may involve providing us with certain information requested by us. During the registration process, you must provide accurate information keep it up-to-date and accurate in the event of any changes. You represent and warrant that any such information is and will be complete and accurate.

You may only have one active Account at one time and may not transfer or allow any other person to use your Account. You are responsible for maintaining the confidentiality of your Account’s credentials, and are fully responsible for all activities occurring through your account. You agree to immediately notify us of any unauthorized use of your Account or any lost password or other security breach. We shall not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations or any other unauthorised use of your Account.

Your Account may be terminated by us at any time, for any reason, in our discretion, including due to a breach by you of these Terms. We may also suspend your Account or restrict your access to all or part of the Platform on a temporary basis where we reasonably believe it is necessary to investigate suspected misuse, protect the Platform or other users, or comply with applicable law.

You may terminate your Account at any time by following the account-deletion instructions made available through the Platform or by contacting us using the contact details posted on the Website or App. Upon termination of your Account (whether initiated by you or by us), your right to access and use the Platform will immediately cease.

If Your account is terminated for any reason, You will continue to have access to your log data for the purpose of exporting the same for a period of thirty (30) days after the date of termination. After the expiry of this period we may delete or de-identify content and information associated with your Account in accordance with our Privacy Policy and our data retention practices, except where retention is required by applicable law or is reasonably necessary to resolve disputes, enforce these Terms, or protect our rights. You are responsible for exporting or otherwise preserving any information you wish to retain prior to termination.

You agree not to (a) use the Platform for any purpose that is unlawful under applicable law, tortious, or prohibited by these Terms, including any purpose that may be considered defamatory, discriminatory, fraudulent, or otherwise malicious or harmful to any person or entity or infringes, violates or misappropriates the intellectual property rights of any third party, including but not limited to falsifying navigation logs for legal, insurance, or regulatory purposes; (b) use the Platform to impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity; (c) access or attempt to access the Platform through automated queries including scrapers, spiders, robots, crawlers, indexing tools, or other automated tools for the purposes of obtaining information from the Platform in an automated manner; (d) harvest or otherwise collect, use or disclose personal information about users of the Platform; (e) mirror, frame, or otherwise simulate the appearance or functionality of the Platform; (f) inhibit any person’s use or access of the Platform or impair any element of the Platform or its underlying infrastructure, including through accessing the Platform in a manner that could disable, overburden or place an unreasonable load on the Platform’s infrastructure; (g) reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Platform or its content; (h) upload to the Platform, or use the Platform to distribute, viruses, trojans, malware or other harmful software code of any nature.

The Platform and materials provided on the Platform are the intellectual property of Watchkeeper and we reserve all rights to the same. Nothing in these Terms shall act as a license or assignment to such materials unless expressly specified by us. You may not copy, modify, create derivative works based upon, publicly display or otherwise commercially exploit the Platform or materials in any manner without our express written permission.

You retain all ownership of the content you create or upload through the Platform, including log entries, vessel data, crew lists, and photographs (“Your Content”). By using the Platform, you grant us a limited, non-exclusive license to host, process, and display Your Content solely for the purpose of operating the Platform on your behalf. We do not claim ownership of Your Content. You are responsible for the legality of Your Content and for obtaining the consent of any individual identified within it, including crew members and emergency contacts.

From time to time we may link to other websites or content providers or provide third-party content on our Platform solely as a convenience to you. Additionally, our Platform or content may be available through third-party providers. When accessing the Platform through a third party, your use of the Platform may also be subject to the terms and conditions, and privacy policy, of such third party. We do not endorse, guarantee, provide any representations or warranties, or assume any responsibility or liability for any products or services provided by such third-party providers.

In addition to and not in derogation of any other representations and warranties you provide to us in these Terms, you represent and warrant to us that: (a) you are at least nineteen (19) years old and have reached the age of majority in the jurisdiction where you reside; (b) the performance of your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties; (c) your User Content does not violate the privacy rights, intellectual property rights, or any other rights, of any third party; (d) you understand the contents of these Terms and have had the opportunity to obtain legal advice with respect to these Terms before agreeing to be bound by them; and (e) you have the capacity and authority to enter into, and perform your obligations under, these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED AND WE DISCLAIM ALL CONDITIONS OR WARRANTIES WHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING RELATING TO MERCHANTABILITY, AVAILABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, EFFECTIVENESS, USABILITY, OR NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURES, LICENSORS (EXCEPT OTHER USERS), AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SUBSIDIARIES (COLLECTIVELY, THE “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO LOSS OF PROFITS, LOSS OF REVENUES, PROPERTY DAMAGE, LOSS OF GOODWILL, USE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the generality of the foregoing, you agree and acknowledge Platform is not a navigation tool, weather prediction tool or emergency contact tool, and you agree and acknowledge that you have read the terms of out our Safety Information available at https://watchkeeper.me/safety (“Safety Disclaimer”) which are incorporated into these Terms by reference. In the event of a conflict between the terms of the Safety Information and these Terms, these Terms shall take precedence.

You agree that in the event of any dispute between you and us arising out of or relating to these Terms or relating to the Platform, we shall consult and negotiate a resolution in good faith. If we do not reach settlement within a period of sixty (60) days, then the courts of British Columbia sitting in Vancouver shall have exclusive jurisdiction to resolve any such dispute. These Terms and your use of the Platform shall be governed by the laws of British Columbia and the federal laws of Canada applicable therein.

EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, YOU AGREE THAT YOU MAY ONLY BRING A CLAIM AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. Where permitted under the applicable law, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. Without limiting the generality of the above, this waiver does not apply to any claims brought under the Business Practices and Consumer Protection Act (British Columbia) where such a waiver is prohibited by law. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim for relief, then that claim (and only that claim) must be severed from the proceedings and may be brought in court, while all other claims will proceed on an individual basis.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION RELATING TO THESE TERMS OR THE PLATFORM.

The Platform is made available on an early-access or “beta” basis. You acknowledge that features may be added, modified, suspended, deprecated, or removed at any time without notice; that features may contain bugs, errors, or inaccuracies; that planned or roadmap features may not be released on any particular timeline or at all and that the Services may experience interruptions or become unavailable.

We take your privacy seriously. To find out about how we collect, share and use your content and information, please read our Privacy Policy, available at https://watchkeeper.me/privacy. The Privacy Policy forms part of these Terms and is incorporated by reference.

If you download or use the App from the Apple App Store (the “Apple Store”) or the Google Play Store (“Google Play”, and together with the Apple Store, the “App Stores”), the following additional terms apply and, in the event of a conflict between these Terms and the applicable App Store’s terms, the App Store’s terms will govern solely with respect to the relationship between you and that App Store. You acknowledge that (a) each of Apple or Google or their subsidiaries (each an “App Store Provider”) is not a party to these Terms, have no obligation to provide maintenance or support for the App, and are not responsible for the App or its content; (b) the license granted to you under these Terms is limited to a non-transferable license to use the App on any App Store Provider branded device that you own or control, and as permitted by their applicable rules; (c) the App Store Providers have no obligation whatsoever to provide any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, the App Store Providers will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be Watchkeeper’s sole responsibility; (d) Watchkeeper, not any App Store Provider, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including (i) product-liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection, privacy, or similar legislation; (e) in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Watchkeeper, not any App Store Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim; (f) you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (g) you acknowledge and agree each App Store Provider is a third-party beneficiary of these Terms as they relate to your license of the App, and that, upon your acceptance of these Terms, each App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

You agree and acknowledge that: (a) Nothing in these Terms affects consumer rights that, pursuant to applicable law, cannot be limited or waived; (b) We may terminate these Terms or stop providing the Platform at any time in its sole discretion; (c) these Terms constitute the entire agreement between you and Watchkeeper Inc. with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter; (d) we may assign these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, on written notice to you. These Terms are personal to you and you may not assign these Terms to any person; (e) Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision; (f) to the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect; (g) unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in these Terms, it means “including (or includes) without limitation;” (h) these Terms will enure to the benefit of and be binding upon the parties to these Terms and their respective successors, heirs and permitted assigns.

These Terms are dated and effective as of July 10, 2026.