Definitions

These ToU are between MOXSEA AB (“MOXSEA”) and any company, organization, or individual that uses any MOXSEA service. A party that is a paying customer of MOXSEA is defined as a “Client”. A client and a non-paying user (for example, a free or trial user) are each referred to as a “Party” and together as the “Parties”. The ToU are accepted by each Party prior to the creation or activation of an account in MOXSEA.

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MOXSEA provides software, backend systems, and mobile applications designed for boat clubs, marinas, and boat‑sharing operations, including features such as member management, booking and scheduling, access control, maintenance logs, usage tracking, messaging, payments integration, and related digital support (the “Cloud Services”). These terms apply to all parties using MOXSEA for the purpose of operating, managing, or participating in boat clubs, shared boating activities, or related administrative functions via the cloud services. 

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1. Rights to use the Cloud Services

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All intellectual property rights in the MOXSEA platform, software, mobile application, API integrations, and related materials remain the exclusive property of MOXSEA AB and its licensors.

Parties may access the Cloud Services only to the extent authorized by MOXSEA. Except as otherwise stated in these ToU, the Party is granted a non‑exclusive, worldwide, limited right to use the Cloud Services solely for operating or participating in boat clubs and boat‑sharing activities, including membership and fleet administration, booking and communications, and for demonstrating compliance with applicable boating safety rules and other laws. Each Party is responsible for any use of the Cloud Services by users who access the Cloud Services with credentials related to the Party’s account. The Cloud Services may not be used in any jurisdiction for unlawful, obscene, offensive or fraudulent content or activity. The Party is responsible for informing its authorized users of these terms.

 

2. Rights and ownership of Content

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The content in the Cloud Services consists of data, documents and information that the Parties and/or their authorized users provide, authorize access to, and/or input to the Cloud Services ("Content"). Content may include member lists, booking records, logs, documents, vessel data, photos, messages, maintenance notes and other operational information. All rights pertaining to the Content will remain with the Party who owns the relevant account and who provides access to the Content. The use of the Cloud Services will not affect the Party’s existing ownership or license rights in such Content. Content will only be shown to readers (authorized personal users in the company accounts of other Parties) that the Party has approved and such approvals can be revoked and changed at any time by the Party who owns the Content.

Unless otherwise stated in the ToU, if access rights are authorized and then withdrawn, access rights shall continue to Content until the day when the right was withdrawn, since the Party who had access rights may depend on such access for legal or operational reasons (for example, audit trails of bookings and damages). MOXSEA has the right to use Content in order to create aggregated and anonymised statistical data for analytical purposes and to improve the Cloud Services.

 

3. Permits and compliance responsibility

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The Party is responsible for obtaining all necessary rights and permissions to enable and grant such rights and permissions to (i) another Party to view and process the Party’s Content for the purposes of boat‑club or boat‑sharing cooperation, and (ii) MOXSEA and its sub‑contractors and sub‑processors to use, store and process the Content in the Cloud Services for the purpose of providing, maintaining, enhancing and managing the Cloud Services and technical support. This includes making necessary disclosures and obtaining consent, if required, before providing regulated or personal data in such Content. The Party shall use best endeavours to ensure that any Content is accurate and kept up‑to‑date. If any Content would be subject to governmental regulations or may require security measures beyond those specified by MOXSEA from time to time, the Party shall not input, provide or allow such Content, unless specifically permitted in writing by MOXSEA. If applicable, MOXSEA and the Party will enter into any additional agreements as required by law for the protection of regulated data included in the Content. The Party is responsible to assess the suitability of the Cloud Services for the Party’s Content and intended use.

 

4. Provision of Cloud Services

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MOXSEA will provide the Cloud Services in accordance with these ToU, the MOXSEA Online Privacy Statement and the MOXSEA Data Processor Agreement, unless otherwise agreed between MOXSEA and the Party. The Cloud Services enable Parties to manage organisations and members, share club or fleet profiles, manage vessels, bookings, access permissions, documents and contact persons, communicate in the platform, and generate reports. Upon request, MOXSEA can assist with inviting counterparties (such as member organisations or partners).

 

5. Availability and support

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MOXSEA will use commercially reasonable efforts to secure that the Cloud Services are available at any time. However, MOXSEA does not warrant uninterrupted or error‑free operation. MOXSEA is not responsible for any service failure caused by misuse, modification or damage not caused by MOXSEA, or by failure to comply with instructions provided by MOXSEA. Parties will be notified of scheduled maintenance with due notice. Unless MOXSEA notifies otherwise, scheduled maintenance will be conducted on weekends during 08:00–24:00 CET. Technical support is offered online and via telephone Monday–Friday during normal business hours (CET 08:30–16:00, excluding weekends and public national holidays) and any additional periods described on MOXSEA’s website, which MOXSEA may change from time to time.

 

6. Data about individual users in an account

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“User Account Data” is information that a Party provides to MOXSEA, other than Content about the Party’s boating operations, which MOXSEA requires to enable use of the Cloud Services or information concerning such use (for instance, data about individual users in the Party’s account). MOXSEA, its contractors and sub‑processors may process, store and use User Account Data wherever they do business to enable product features, administer use, market new features or services, personalise the experience and otherwise support or improve the Cloud Services, in accordance with the MOXSEA Online Privacy Statement.

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7. Personal Data Protection

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MOXSEA AB is established in the European Union and processes personal data in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679).

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When offering the Cloud Services, MOXSEA is considered Data Controller for User Account Data and will, as a data controller, comply with the MOXSEA Online Privacy Statement. With regard to personal data included in Content in the Parties’ accounts, MOXSEA will, as a data processor, comply with the terms of the MOXSEA Data Processor Agreement for the processing of personal data. The Party agrees to make necessary disclosures and obtain consent, if required, before providing personal data in the Content.

 

8. Non‑authorized offerings

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The Party may not (i) re‑sell, sub‑license or in any other way grant direct access to the Cloud Services to a third party outside of the legal entity of the Client without prior written approval by MOXSEA, or (ii) combine the Cloud Services with any type of service offered by the Party or its partners in order to make a combined offering to end‑clients without MOXSEA’s prior written approval (for example, a white‑label solution for which the Party charges a fee).

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9. Confidentiality

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“Confidential Information” includes all Content and all other information provided by a Party to the other Party (the “Receiving Party”). The Receiving Party shall (i) protect and not disclose to third parties any Confidential Information, (ii) restrict dissemination of Confidential Information to individuals with a need to know who are under a substantially similar duty of confidentiality, and (iii) not use any Confidential Information for any purpose other than to perform its obligations under these ToU. The Receiving Party’s obligations shall not apply to information that (i) is rightfully in its possession prior to receipt, (ii) is or becomes publicly available other than as a result of a breach, (iii) is rightfully obtained from a third party without a duty of confidentiality, or (iv) is independently developed by the Receiving Party. The Receiving Party may disclose Confidential Information to the extent required by law or regulation.

 

10. Modifications

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MOXSEA may upon reasonable notice of no less than 30 days enhance and/or change the Cloud Services provided that MOXSEA does not materially reduce the core functionality of the Cloud Services.

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11. Third‑party contractors and international transfers

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MOXSEA may use personnel and resources in locations worldwide, including third‑party contractors and sub‑processors, to support delivery of the Cloud Services. MOXSEA may transfer Content, including personal data, across country borders as specified in the MOXSEA Data Processor Agreement. MOXSEA shall be responsible for any third‑party contractor and/or sub‑processor’s acts and omissions in relation to the Cloud Services.

 

12. Business partners of MOXSEA

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MOXSEA business partners who use or make the Cloud Services available are independent of MOXSEA and unilaterally determine their prices and terms (for instance, consultancy firms offering on‑site assistance). MOXSEA is not responsible for their actions, omissions, statements or offerings. The Cloud Services may contain links to third‑party websites and/or services. MOXSEA is not responsible for such third‑party websites/services and encourages the Client to review their respective privacy policies and terms of use before using such websites/services.

 

13. Force Majeure

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Neither MOXSEA nor the Parties shall be responsible for failure or delay of performance if caused by an act of war, hostility or sabotage, fire, labour dispute, non‑performance by suppliers or subcontractors, electrical, internet, or telecommunication outage not caused by the obligated Party, government restrictions (including the denial or cancellation of any export, import or other license), or other events outside the reasonable control of the obligated Party. Both Parties will use reasonable efforts to mitigate the effects of a force majeure event. If such event continues for more than 30 days, either Party may cancel unperformed Cloud Services and affected orders upon written notice. This section does not excuse either Party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or the Party’s obligation to pay for the Cloud Services.

 

14. Charges

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The Party agrees to pay all applicable charges specified for the Cloud Services, charges for use in excess of authorisations and any late payment fees. Charges are exclusive of any customs or other duty, tax and similar levies imposed by any authority resulting from the Party’s acquisition of the Cloud Services and will be invoiced in addition to such ordinary charges. Amounts are due upon receipt of the invoice and payable within thirty (30) days of the invoice date to an account specified by MOXSEA. Pre‑paid services must be used within the applicable period. MOXSEA does not give credits or refunds for any pre‑paid charges or other charges already due or paid.

 

15. Liability

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MOXSEA shall be liable for direct damages related to lost or corrupted data caused by negligent acts or omissions. MOXSEA’s entire liability for all claims shall not exceed the fees paid to MOXSEA for the Cloud Services during the twelve (12) months before the last event that gave rise to the Party’s claim, regardless of the basis of the claim. This limit is in the aggregate and not per incident. MOXSEA will not be liable for special, incidental, exemplary, indirect or economic consequential damages, or lost profits, lost or corrupted data, business, value, revenue, goodwill, or anticipated savings. These limitations apply collectively to MOXSEA, its affiliates, contractors, sub‑processors and suppliers.

 

16. Indemnification

(a) MOXSEA indemnification: MOXSEA, and its licensors, hold all intellectual property rights to the Cloud Services. MOXSEA agrees to indemnify, defend and hold the Party harmless from and against any and all third‑party claims, including reasonable expenses (including reasonable attorney's fees and costs), that allege the Cloud Services infringe or misappropriate any Swedish or European patent, copyright, trade secret or trademark, provided that the Party (i) without undue delay notifies MOXSEA of the claim in writing; (ii) hands over the control over defence and/or settlement of the claim to MOXSEA; and (iii) provides MOXSEA with reasonable assistance in the defence of the claim. If the Party is adjudged, in any final order of a court of competent jurisdiction from which no appeal is taken, to have infringed upon or misappropriated any Swedish or European intellectual property right in the use of the Cloud Services, then MOXSEA shall, at its expense and at its sole discretion: (a) obtain for the Party the right to continue using such Cloud Services; (b) replace or modify such Cloud Services so that it does not infringe; or (c) if MOXSEA determines that (a) or (b) is not commercially reasonable, refund to the Party any prepaid fees for the Cloud Services for the remaining period.

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(b) Party’s indemnification: The Party will defend MOXSEA and its affiliates, and their respective officers, directors, employees, contractors and agents (each, a “MOXSEA Indemnified Party”) against third‑party claims brought against a MOXSEA Indemnified Party arising from (a) the Party’s use of the Cloud Services in a manner not expressly authorised by the ToU or that is in violation of applicable law (including maritime safety rules), (b) the Party’s Content or the combination of the Party’s Content with other applications, content or processes, (c) MOXSEA’s compliance with any designs, specifications, requirements or instructions provided by the Party or a third‑party on the Party’s behalf, and (d) a dispute between the Party and any of the Party’s users or members. The Party will indemnify the applicable MOXSEA Indemnified Party against all damages finally awarded against the MOXSEA Indemnified Party (or the amount of any settlement entered into by the Party) with respect to such claims, provided that the MOXSEA Indemnified Party timely notifies the Party in writing of the claim and reasonably cooperates in the defence of the claim and may participate in the defence at its own expense.

 

17. Suspension

MOXSEA may suspend, revoke or limit the Party’s use of the Cloud Services if MOXSEA determines there is a material breach of the Party’s obligations, a security breach, or a violation of law. If the cause of the suspension can reasonably be remedied, MOXSEA will provide notice of the actions that the Party must take to reinstate the Cloud Services. Failure to pay charges for the Cloud Services is considered a material breach.

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18. Termination

Upon termination, MOXSEA will retain account data for a period of thirty (30) days unless otherwise required by law, after which the data will be deleted or anonymised in accordance with applicable data protection regulations.

MOXSEA reserves the right to terminate these ToU at any time if MOXSEA decides to stop providing the Cloud Services. MOXSEA will then credit any unused portion of the prepaid fee for the Cloud Services, calculated from the last date the Cloud Services are available. With the exception of personal data according to Section 20, Content may only be removed from the Cloud Services if it is no longer required for a Party’s operational or legal obligations (for example, records of bookings, incidents and payments). MOXSEA shall apply a reasonable notice period for termination in order to ensure that the Party has been given a proper chance to retrieve data in the Party’s account.

 

19. Material breach

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If MOXSEA is in material breach of the ToU and has been given notice and reasonable time to comply, the affected Party shall be entitled to immediately close its account in MOXSEA and terminate all agreements and terms with MOXSEA. If a Party is in material breach of obligations according to the ToU and has been given notice and reasonable time to comply, MOXSEA is entitled to close the account in order to protect the best interest of other Parties.

 

20. Removal of Content and archived organisations

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MOXSEA will return or remove Content from MOXSEA computing resources upon the expiration or cancellation of the Cloud Services, provided that such Content is no longer required for another client’s legitimate operational or legal obligations. If a Party requests MOXSEA to archive its profile (an “Archived Profile”), the content of the archived profile will continue to be shown to approved readers with the exception of personal data. MOXSEA will automatically remove personal data in designated fields in archived profiles. With regard to free‑text fields, MOXSEA will inform the profile owner to review and delete personal data in free‑text fields. MOXSEA will remove personal data about contact persons in archived profiles. MOXSEA may show a list of documents (name, category and type) in the archived profiles but not provide access to the relevant documents to approved readers.

 

21. Assignment

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The Party may not assign the ToU, in whole or in part, without MOXSEA’s prior written approval.

 

22. Amendments

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The Party acknowledges that MOXSEA may modify the ToU from time to time at MOXSEA’s sole discretion, effective on posting an updated version in the Cloud Services or on MOXSEA’s website. Such modifications will supersede prior versions and are intended to (i) improve and clarify existing commitments, (ii) maintain alignment to currently adopted standards and applicable laws, or (iii) provide additional commitments. No modifications to the ToU will materially degrade the security of the Cloud Services. Changes may not apply retroactively. Continued use of the Cloud Services after a material and notified change constitutes the Party’s consent to the changes.

 

23. Notices

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All notices under the ToU must be sent in writing to the business address specified below or via electronic means as enabled within the Cloud Services. The Parties consent to the use of electronic means for communications and treat it as a signed notice in writing.

MOXSEA AB
c/o Kajero Redovisningskonsult AB
Kronborgsgatan 8, lgh 1602
252 22 Helsingborg, Sweden

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24. No Partnerships

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MOXSEA is an independent contractor and not the Party’s agent, joint‑venture partner or fiduciary. MOXSEA does not undertake to perform any of the Party’s regulatory obligations or assume any responsibility for the Party’s business operations and compliance with applicable laws, regulations and custom.

 

25. Governing laws

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These ToU shall be governed by the laws of Sweden, excluding its conflict of laws principles.

 

26. Legal actions

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Neither Party will bring a legal action arising out of or related to the ToU more than one (1) year after the cause of action arose. Each Party will allow the other Party reasonable opportunity to comply before claiming that the other Party has not met its obligations. Where approval, acceptance, consent, access, cooperation or similar action by either Party is required, such action will not be unreasonably withheld or delayed.

 

27. Dispute Resolution

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Any dispute, controversy or claim arising out of or in connection with these ToU, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm and the language to be used in the arbitral proceedings is English.

© MOXSEA AB

 

28. Payment Services

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MOXSEA uses Stripe Payments Europe, Ltd. (“Stripe”) as its third‑party payment processor for handling payments, including but not limited to membership fees, bookings, deposits, and other transactions processed through the MOXSEA platform. By using MOXSEA’s payment features, the Party and its users agree to be bound by Stripe’s Terms of Service and Privacy Policy, available at https://stripe.com/legal and https://stripe.com/privacy.

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All payment processing and settlement are conducted directly by Stripe in accordance with its own agreements with the Parties or their members. MOXSEA does not collect, store, or control payment card data. MOXSEA is not responsible for Stripe’s acts or omissions, including any delays, errors, or losses related to payments, refunds, chargebacks, or account verification. The Party remains responsible for ensuring that its own payment activities comply with all applicable financial and tax regulations.

 

29. Third-Party Integrations and Sensor Data

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MOXSEA may connect via application programming interfaces (“APIs”) or other integrations to external software and hardware providers that deliver live or recorded data related to boats, such as fuel consumption, battery levels, engine hours, location, nautical miles, and similar telemetry or operational data (“Sensor Data”).

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By activating or using such integrations, the Party authorizes MOXSEA to collect, process, and display Sensor Data within the Cloud Services for the purposes of trip logging, performance analytics, billing, maintenance planning, and general operational management.

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MOXSEA does not guarantee the accuracy or completeness of Sensor Data, as such data originates from third-party systems or devices outside of MOXSEA’s control. The Party remains responsible for verifying Sensor Data and for ensuring that connected sensors or systems comply with applicable data and privacy regulations.

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MOXSEA may store and aggregate Sensor Data to improve service functionality, create anonymised statistics, and develop new features, provided that no personal or vessel-identifying data is disclosed without consent.

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Trademark Notice: MOXSEA®, the MOXSEA logo, and any related names or design marks are trademarks or registered trademarks of MOXSEA AB in the European Union and other jurisdictions. No rights or licenses to use these marks are granted except as expressly permitted in writing by MOXSEA AB.