Terms of Service

DeckHand is software that helps charter and guide operators publish a booking page, accept reservations and deposits, manage trips and availability, collect digital waivers, and communicate with their guests (collectively, the “Service”). We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your business during the term of these Terms.

We may update, improve, or change the Service over time. We may also add, modify, or remove features. We will not materially reduce the core functionality of a paid plan during a paid term without notice.

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of your account information, for all activity under your account, and for keeping your credentials secure. Notify us promptly of any unauthorized use.

You are solely responsible for your charter business and your relationship with your guests. You represent and warrant that you will:

• hold and maintain all licenses, permits, registrations, vessel documentation, and insurance required to operate your charters lawfully;
• provide accurate trip descriptions, pricing, capacity, availability, and policies;
• operate your trips safely and in compliance with all applicable laws, including U.S. Coast Guard and state and local boating, safety, and consumer-protection rules;
• honor the bookings, cancellation, and refund terms you publish to your guests, and handle guest disputes, refunds, and chargebacks for your trips;
• ensure any waiver, release, or liability document you use through the Service is adequate for your jurisdiction and operation, and obtain any required signatures (including from a parent or guardian for a minor); and
• obtain all consents required by law from your guests for the personal data you collect and for any email or text-message communications sent through the Service.

The Service provides tools, not legal, tax, insurance, or compliance advice. Templates we provide (including waiver templates) are samples only and are not a substitute for advice from your own counsel.

Paid plans are billed in advance on a monthly or annual basis through our payment processor. By subscribing you authorize recurring charges to your payment method until you cancel. Fees are stated on our pricing page and are exclusive of taxes, which you are responsible for.

Free trial. Our free trial does not require a payment method and does not convert into a paid subscription on its own. We will never charge you at the end of a trial. When the trial period ends, paid features are simply turned off until you choose to subscribe; your account and your data remain.

Renewal and cancellation. Subscriptions renew automatically for successive terms unless you cancel before the renewal date. You may cancel at any time from your billing settings; cancellation takes effect at the end of the current paid term. Except where required by law, fees already paid are non-refundable and we do not provide prorated refunds for partial terms.

We may change our fees on a going-forward basis with reasonable notice; changes take effect on your next renewal.

Guest payments (deposits and trip fees) are processed through Stripe, Inc. under Stripe’s Connected Account Agreement, which you accept when you connect a Stripe account. You are the merchant of record for transactions with your guests. Funds from guest payments settle to your connected Stripe account. Company is not a party to the transaction between you and your guest, does not take custody of those funds, and is not responsible for refunds, chargebacks, disputes, payout timing, or holds, which are governed by your agreement with Stripe and your own policies.

You are responsible for the accuracy of amounts, deposits, taxes, and refund terms you configure, and for resolving payment disputes with your guests.

Your guests interact with booking and waiver pages we host on your behalf. The agreement for any trip is between you and your guest. You own the guest relationship and are responsible for fulfilling, rescheduling, or cancelling trips and for the legal sufficiency of any waiver collected through the Service. We are not a party to, and are not liable for, any trip, booking, or waiver.

You agree not to, and not to permit anyone to:

• use the Service for any unlawful, fraudulent, or deceptive purpose;
• upload content that infringes others’ rights or violates any law;
• interfere with or disrupt the Service, attempt to gain unauthorized access, or probe or scan our systems;
• reverse engineer, copy, resell, or create derivative works of the Service except as permitted by law;
• send unlawful, unsolicited, or non-consented communications through the Service; or
• use the Service to send messages to guests who have not consented or who have opted out.

We may suspend or limit the Service to protect the platform, our users, or third parties, or to comply with law.

You retain all rights to the data and content you and your guests submit through the Service (“Customer Data”). You grant us a worldwide, non-exclusive license to host, process, transmit, display, and use Customer Data solely to provide, secure, and improve the Service and as described in our Privacy Policy. As between you and us, you are responsible for Customer Data and for having the rights and consents necessary for us to process it. With respect to personal data of your guests, you are the controller and we act as your processor, acting on your instructions as described in the Privacy Policy. Our processor commitments (scope, confidentiality, security, sub-processors, assistance, breach notification, return or deletion, and CCPA/CPRA service-provider terms) are set out in the “Data processing on behalf of Captains” section of the Privacy Policy, which is incorporated into these Terms by reference as our data processing addendum.

The Service can send transactional email and text messages to your guests on your behalf (for example, booking confirmations, requests, and cancellations). You are responsible for obtaining and honoring any consent required for these messages. Guests choose at booking whether to receive texts, and that choice is applied to every message we send about that booking; recipients can also opt out at any time by replying STOP. Email sent through the Service is transactional only — it relates to a booking the recipient made — and we do not send marketing email to your guests. Message and data rates may apply to recipients. You authorize us to send service and account messages to you about your account.

The Service, including all software, design, text, and trademarks (including “DeckHand”), is owned by Company or its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service granted here, no rights are granted to you. Feedback you provide may be used by us without restriction or obligation.

The Service relies on third-party providers (including Stripe for payments, Twilio for SMS, Resend for email, Vercel and Supabase for hosting and data storage, and Anthropic for the optional website-import step during setup). Your use of those features may be subject to the third party’s terms, and we are not responsible for third-party services. Links to third-party sites are provided for convenience only.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that it will meet your requirements.

To the maximum extent permitted by law, Company and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenue, data, or goodwill, arising out of or relating to the Service or these Terms, even if advised of the possibility. Our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You will defend, indemnify, and hold harmless Company and its affiliates, officers, and employees from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: your charters and your operation of your business; your bookings, cancellations, refunds, or guest disputes; the adequacy or enforceability of any waiver you use; your Customer Data or your collection and use of guest personal data; your communications to guests; or your breach of these Terms or violation of law.

These Terms apply while you use the Service. You may stop using the Service and cancel at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, create risk or legal exposure for us, or if we discontinue the Service. On termination, your right to use the Service ends. We may delete Customer Data after a reasonable period. If you want a copy of your Customer Data, contact us at support@trydeckhand.com before or promptly after termination and we will provide an export. Sections that by their nature should survive (including payment owed, disclaimers, limitations of liability, indemnification, intellectual property, the data-processing obligations referenced in Section 8, and governing law) survive termination.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, the state and federal courts located in Delaware will have exclusive jurisdiction, and you consent to venue there.

Arbitration. Except for claims that may be brought in small-claims court and claims for injunctive relief to protect intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Delaware. Disputes will be resolved on an individual basis; class actions and representative actions are waived to the extent permitted by law.

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-app). Changes take effect when posted unless stated otherwise, and your continued use of the Service after the effective date constitutes acceptance.

These Terms, together with the Privacy Policy (including the data processing addendum referenced in Section 8) and any order or plan you select, are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be sent to your account email. DeckHand is a Saltworks company.

Questions about these Terms? Contact us at support@trydeckhand.com.

Saltworks Holdings LLC
6650 Rivers Ave., STE 100, Charleston, SC 29406, USA