Last Updated: 2024-08-09
Welcome to Saillogger! These Terms of Service ("Terms" or “Agreement”) govern your use of Saillogger's service (the "Service") provided by Saillogger LLC ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. Please read them carefully.
By accessing or using the Service, you acknowledge that you have read, understood, and agree to comply with these Terms. These Terms create a contract between you and Saillogger. By accepting these Terms, signing up for a 30-day trial period, and creating your user account, you represent and warrant that you are of majority age and capable and competent to enter into a contractual agreement with us.
If you do not agree with any part of these Terms, you may not use the Service. Saillogger reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
2.1. Saillogger LLC offers a 30-day trial period during which you can access and use the Service without the need to provide payment information upfront.
2.2. During the trial period, you may use the Service subject to these Terms.
2.3. At the end of the trial period, you will be required to provide payment information to continue using the Service. If you choose not to subscribe, your access to the Service will be terminated.
2.4. If you start a free trial period and cancel before the trial period ends, you cannot re-activate the free trial period.
2.5. The trial period is intended for you to evaluate the Service and determine if it meets your needs. Once you have completed your evaluation, we expect you to make a decision regarding your subscription. Attempting to subscribe for multiple trial periods is against our Terms of Service. We reserve the right to permanently ban users and/or their vessels from using the service and delete their data if this policy is violated.
3.1. To continue using the Service beyond the trial period, you must subscribe to one of our monthly subscription plans.
3.2. Subscription fees are billed on a monthly basis and will be automatically charged to the payment method you provide during the subscription process.
3.3. You may cancel your subscription at any time through this link on our website, and the cancellation will be effective at the end of the current billing cycle. No refunds will be provided for any remaining days in your current billing cycle.
3.4. If you don't provide a payment method during the trial period, your subscription will be paused after 30 days. Logging and monitoring functionality will not function when a subscription is paused.
3.5. If your subscription is paused for a continuous period of 30 days without a payment method on file, your account will be deactivated. We may also, at our discretion, choose to permanently delete your account, including all associated data.
3.6. You also have the option to initiate a seasonal pause if you are leaving your boat for an extended period of time. You need to have a payment method on file to initiate a seasonal pause but your payment method will not be charged while seasonal pause is active. If you have completed your trial period, your payment method will be charged as soon as you resume your subscription.
3.7. If you don't resume a seasonal pause for 12 months or longer, we will charge one month's subscription fee every 12 months to retain your data.
3.8. We reserve the right to cancel your subscription if we are unable to successfully charge your payment method or you dispute the payment. If you decide to unsubscribe from your subscription before we start charging your payment method, cancel your subscription at least twenty-four (24) hours before the free trial ends or subscription renews.
4.1. To use the Service, you must create a user account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up-to-date.
4.2. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
4.2. If a monitoring device is not linked to your user account within 90 days of account creation, your account will be deleted.
5.1. We may occasionally offer promotions and promption codes to enhance your experience with our services. These promotions may include discounts on subscription fees or special offers to associate your account with a partner or fleet.
5.2. Promotional offers can only be applied during the account creation process. If you want to use a promotion code, you must redeem it during the account creation process to avail yourself of the associated benefits. Simply enter the code in the designated field while creating your account, and the discount or offer will be applied accordingly.
5.3. Promotion codes cannot be applied after an account has been created. Therefore, ensure that you redeem any available promotion codes during the account creation process to benefit from associated discounts or offers.
5.4. Some promotions will automatically associate your account with a Saillogger partner or fleet. By redeeming a promotion code associated with a partner or fleet during the account creation process, you accept being associated with that partner or fleet.
5.5. It's important to adhere to the terms and conditions associated with each promotion code. For instance, if a promotion code is associated with a specific club, you are required to be a member of that club and adhere to their rules in order to qualify for the promotion. Misrepresentation of codes or attempts to use codes without meeting the specified criteria may result in the cancellation of your account or the revocation of the promotion.
5.6. We reserve the right to cancel an account or revoke the benefits of a promotion if we determine that the user has misrepresented a code or is not legitimately associated with the party affiliated with the promotion.
6.1. Your use of the Service is subject to our Privacy Policy, which can be found here. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
7.1. You agree to use the Service in compliance with all applicable laws and regulations.
7.2. You are solely responsible for any data, content, or information you provide, upload, or transmit through the Service.
7.3. You may not use the Service for any illegal or unauthorized purpose, including but not limited to the violation of any intellectual property rights.
8.1. We reserve the right to terminate or suspend your access to the Service at our discretion, without notice, for any violation of these Terms or for any other reason.
8.2. Upon termination, your account and access to the Service will be deactivated, and you will no longer have access to your data.
9.1. We may, at our sole discretion, modify or discontinue any part of the Service at any time without notice.
10.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN AND SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAILLOGGER LLC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11.1. IN NO EVENT SHALL SAILLOGGER LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
11.2. You agree to indemnify and hold Saillogger LLC and its affiliates, officers, directors, employees, agents, partners, and suppliers harmless from any claims, demands, losses, liabilities, costs, and expenses (including attorney's fees) relating to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any rights of another party, or (d) your violation of any applicable laws, rules, or regulations.
11.3. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SAILLOGGER LLC BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, DIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA (INCLUDING WITHOUT LIMITATION, INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGE OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SAILLOGGER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.1. You acknowledge and agree that your use of the Saillogger Service is at your own risk. The Service is provided "as is" and "as available," and Saillogger LLC makes no warranties or representations regarding its availability, reliability, or accuracy.
12.2. Saillogger LLC disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
12.3. You understand and agree that Saillogger LLC shall not be responsible or liable for any harm, damage, or loss, whether direct, indirect, incidental, special, consequential, or punitive, resulting from your use of, or inability to use, the Service.
12.4. Saillogger LLC does not warrant that the Service will meet your specific requirements, be uninterrupted, secure, or error-free. Any content or data downloaded or obtained through the use of the Service is done at your own discretion and risk. You are solely responsible for any damage to your vessel, boat, or computer system or loss of data that results from the use of the Service.
12.5. You acknowledge that the Service may not be error-free, and usage interruptions may occur. You agree that Saillogger LLC will not be liable for any loss or damage caused by any Service interruptions, errors, or omissions.
12.6. You are solely responsible for your interactions with other users of the Service, and Saillogger LLC disclaims any liability for such interactions. Saillogger LLC is not responsible for the conduct of any user of the Service.
12.7. It is your responsibility to back up and safeguard any data or information you upload, transmit, or store using the Service. Saillogger LLC is not liable for any loss or corruption of data or information stored on the Service.
12.8. This "Use at Your Own Risk" clause applies to the fullest extent permitted by applicable law.
These Terms and the relationship between you and Saillogger LLC shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles. You and Saillogger LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Kings County, Washington to resolve any dispute or claim arising from this Agreement.
14.1 You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, scripts and software used to implement and drive the Services, contain proprietary information and material that is owned by Saillogger LLC, its licensors, and/or content providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for your personal, noncommercial uses in compliance with this Agreement. No portion of content or Services may be transferred or reproduced in any form, or by any means, except as expressly permitted by this Agreement and Saillogger LLC. You agree not to modify, rent, loan, sell, share, or distribute the Services or content in any manner, and you shall not exploit the Services in any manner not expressly authorized by Saillogger LLC.
14.2 Copyright. Unless otherwise noted, Services and content provided by Saillogger LLC are copyrights of Saillogger LLC.
If you have any questions or concerns about these Terms or the Saillogger service, please contact us at [email protected].
By using Saillogger, you agree to these Terms and any future modifications. We reserve the right to update these Terms at any time, and it is your responsibility to review them periodically for changes. Your continued use of the Service after the posting of any changes to these Terms constitutes acceptance of those changes.
16.1 This Agreement constitutes the entire agreement and understanding between you and Saillogger LLC, and governs your use of the Services, superseding any prior agreements and understandings with respect to the same subject matter between you and Saillogger LLC. You may also be subject to additional terms and conditions that may apply when you make transactions or use affiliate or partner services, third-party content and other items including additional services we may add. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Our failure to enforce any right or provisions of this Agreement will not constitute a waiver of such or any other provision. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
16.2 You agree to comply with all local, state, federal and national laws, statutes, ordinances, regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws.
16.3 We may notify you with respect to the Services by sending you an email message to your email address on file with us or a letter via US post mail to your mailing address, or by a posting on the Services or our website. Notices shall become effective immediately.
16.4 You hereby grant Saillogger LLC the right to take any steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Saillogger LLC has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party as we believe necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to our right to cooperate with any legal process relating to your use of the Services and/or content, and or a third-party claim that your use of the Services is unlawful and/or infringes on such third party’s rights.)
Thank you for choosing Saillogger LLC!