Terms of Service
Last Updated: May 2024
Welcome to BeachPilot. These Terms of Service ("Terms") govern your access to and use of the BeachPilot website, mobile applications, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. Please read these Terms carefully before using BeachPilot.
1. Acceptance of Terms
By accessing or using BeachPilot, you affirm that you are at least 16 years of age or older, or have valid parental consent to use our Service. You acknowledge that these Terms constitute a binding legal agreement between you and BeachPilot B.V. ("Company", "we", "us"). You agree to comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. Changes to Terms
We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide notice through our Service, or by other means to ensure you are aware of the new Terms. Your continued use of the Service after such notice constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you should stop using the Service immediately.
3. User Accounts
To access certain features of the Service, you may need to create an account. You must provide accurate, current, and complete information during the registration process and keep your account information updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your account credentials or account information.
4. Account Termination
We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to: (a) violation of these Terms; (b) providing inaccurate, outdated, or incomplete information; (c) engaging in fraudulent or illegal activities; (d) failing to pay any fees when due; (e) upon request by law enforcement or government agencies; (f) upon request by you; or (g) extended periods of inactivity. Upon termination, your right to use the Service will immediately cease.
5. Service Description
BeachPilot provides an online platform for users to discover, review, and share information about beaches primarily in the Netherlands. We strive to provide accurate and up-to-date information, but we do not guarantee the accuracy, completeness, or reliability of any information on our Service, including beach descriptions, amenities, weather information, or user reviews. The Service is provided 'as is' and 'as available' without warranties of any kind.
6. User Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ('User Content'). By submitting User Content to BeachPilot (including but not limited to beach reviews, photos, ratings, and comments), you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content in all media formats and distribution methods now known or hereafter developed. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above. You also represent and warrant that your User Content does not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
7. Prohibited Content and Activities
You agree not to post User Content or engage in activities that: (a) is false, misleading, or deceptive; (b) is defamatory, obscene, pornographic, vulgar, or offensive; (c) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (d) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (e) promotes illegal or harmful activities; (f) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any party; (g) contains software viruses or any other code designed to interfere with, damage, or limit the functioning of any software, hardware, or telecommunications equipment; (h) constitutes unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation; or (i) violates any applicable law, regulation, or these Terms.
8. Content Moderation
We have the right, but not the obligation, to monitor, edit, or remove any User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms. We also reserve the right to terminate a user's access to any or all parts of the Service upon any violation of these Terms.
9. Intellectual Property Rights
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of BeachPilot B.V. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BeachPilot B.V. All beach data, maps, weather information, and other content provided through the Service may be protected by copyright and other intellectual property rights owned by us or third parties.
10. User Conduct
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the Service in any way that violates any applicable local, state, national, or international law or regulation; (b) impersonate or attempt to impersonate BeachPilot, a BeachPilot employee, another user, or any other person or entity; (c) engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service; (d) attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service; (e) use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (f) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; or (g) attempt to interfere with the proper working of the Service.
11. Third-Party Links and Services
The Service may contain links to third-party websites or services, including but not limited to accommodation booking services, weather information providers, and map services. These third-party sites are not owned or controlled by BeachPilot. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that BeachPilot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
12. Payment Terms
While the basic features of BeachPilot are currently free to use, we may in the future offer premium features or services that require payment. If we introduce such features, we will update these Terms to include applicable payment terms. For any paid features, you agree to pay all fees and charges associated with your use of our Service on the terms established for such transactions. All payments are non-refundable unless otherwise expressly noted or required by applicable law.
13. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall BeachPilot, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; (d) unauthorized access, use, or alteration of your transmissions or content; or (e) reliance on beach, weather, or other information provided through the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.
14. Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BEACHPILOT MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. BEACHPILOT DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE OR ANY BEACHES OR RELATED FACILITIES YOU DISCOVER THROUGH THE SERVICE.
15. Indemnification
You agree to defend, indemnify, and hold harmless BeachPilot, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content or use of the Service; (c) your violation of any rights of another; or (d) your conduct in connection with the Service. This defense and indemnification obligation will survive these Terms and your use of the Service.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. You and BeachPilot agree to submit to the exclusive jurisdiction of the courts located in Amsterdam, the Netherlands for the resolution of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service.
17. Dispute Resolution
Before filing a claim against BeachPilot, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. If a dispute is not resolved within 30 days of submission, you may proceed with filing a formal claim or lawsuit. Any action or proceeding by you relating to any dispute must commence within one (1) year after the cause of action accrues.
18. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
19. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
20. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by BeachPilot on the Service, shall constitute the entire agreement between you and BeachPilot concerning the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and BeachPilot with respect to the Service.
21. Contact Information
If you have any questions about these Terms, please contact us at [email protected] or by mail at: BeachPilot B.V., Strandweg 1, 1017 BA Amsterdam, The Netherlands.