Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and XVOLO LLC ("we," "us," or "our"), a Florida limited liability company, governing your access to and use of the Pocket Marina platform, including the application at app.pocketmarina.com and the website at pocketmarina.com (collectively, the "Service").

By creating an account, subscribing to a plan, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Pocket Marina is a cloud-based marina management platform that enables marina operators to manage vessel inventory, storage assignments, service requests, member accounts, employee operations, and analytics through a self-serve web application.

3. Account Registration & Security

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use of your account
• Ensuring that all users invited to your marina workspace comply with these Terms

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

4. Subscription Plans & Billing

4.1 Free Trial

New marina workspaces receive a 14-day free trial with full access to all features. No credit card is required to start a trial. At the end of the trial period, access to the platform will be restricted until a paid subscription is activated.

4.2 Paid Plans

The Service is offered in three tiers:

• Core — $599/month (up to 250 vessels)
• Professional — $999/month (up to 750 vessels)
• Enterprise — $1,599/month (unlimited vessels)

Annual billing is available at a discounted rate. All prices are in US Dollars (USD).

4.3 Payment Processing

All payments are processed securely by Stripe. By subscribing, you authorize us to charge your designated payment method on a recurring basis. Subscriptions automatically renew at the end of each billing period unless cancelled.

4.4 Cancellation & Refunds

You may cancel your subscription at any time through the Billing settings in the application or via the Stripe Customer Portal. Upon cancellation:

• Access continues through the end of the current billing period
• No partial refunds are provided for unused time within a billing period
• Your data remains accessible for export (CSV) for 30 days after cancellation

5. Acceptable Use

You agree not to:

• Use the Service for any purpose that is illegal or prohibited by these Terms
• Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use the Service to store or transmit malware, viruses, or other harmful code
• Scrape, data mine, or use automated tools to extract data from the Service beyond normal CSV export functionality
• Resell, sublicense, or provide the Service to third parties without our written consent
• Upload or transmit content that is defamatory, obscene, or infringes on intellectual property rights

6. Intellectual Property

Our Property: The Service, including all software, design, text, graphics, logos, and trademarks, is owned by XVOLO LLC and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your subscription.

Your Data: You retain all rights to the data you input into the Service (vessel records, member information, operational data). We do not claim ownership of your content. You grant us a limited license to process, store, and display your data solely to provide the Service.

7. Data Portability & Export

You may export your marina data at any time using the built-in CSV export functionality. This includes vessel inventory, member rosters, service request history, and storage assignments. We believe your data belongs to you, and we will never hold it hostage.

8. Service Availability & SLA

We target 99.5% uptime for the Service, excluding scheduled maintenance windows. While we strive for continuous availability, we do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible.

The Service is provided on third-party infrastructure (Vercel, Supabase) and is subject to their respective service level agreements and availability.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XVOLO LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will meet your specific requirements, be uninterrupted, or be error-free. The Intelligence Engine provides predictive insights based on historical data and should not be relied upon as the sole basis for operational decisions.

11. Indemnification

You agree to indemnify, defend, and hold harmless XVOLO LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any rights of another party.

12. Termination

We may suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms or engage in activity that we determine, in our sole discretion, to be harmful to the Service, other users, or our business.

Upon termination, your right to use the Service ceases immediately. Sections 6 (Intellectual Property), 9 (Limitation of Liability), 10 (Disclaimers), 11 (Indemnification), and 13 (Governing Law) survive termination.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Florida.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the "Last updated" date and, for significant changes, by providing notice through the Service or via email. Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Contact Information

For questions about these Terms, contact us at: