GENERAL TERMS OF USE

These General Terms of Use form a legally binding agreement between you and the Docky entity providing the applicable Service. They govern Docky's websites, mobile applications, software, berth-search and availability tools, absence declarations, booking workflows, messaging, payment facilitation and related services.

By creating an account, accepting these Terms, submitting a request, making or receiving a Booking, or otherwise using the Service, you agree to these Terms, the Privacy Policy and any role-specific or transaction-specific terms that apply. Mandatory law always prevails where it cannot lawfully be waived.

Annual Berth Holder means a person or entity holding an annual, seasonal, long-term or similar berth right with a Marina/Port Operator and using Docky to declare a genuine temporary absence. Visitor means an authorized person seeking temporary berth occupancy. Marina/Port Operator means the entity or authority with legal or contractual control over admission, berth allocation, safety and operations.

Marina-Managed Berth means a berth made available through a marina-controlled workflow. The Annual Berth Holder declares an absence but does not lease, sublease or grant access. The Marina/Port Operator retains final authority and determines any incentive, credit, rebate or reduction it may offer to its Annual Berth Holder.

Direct Listing means a berth offered by a person or entity that represents and warrants that it has the legal and contractual authority to offer that berth directly. Direct Listings may use different payment and payout rules from Marina-Managed Berths.

You must be at least 18 years old, or the applicable age of legal majority if higher, and legally capable of entering binding contracts. You must provide accurate and current identity, vessel, insurance, payment and authority information and protect your account credentials.

Docky may request verification for identity, vessel, insurance, sanctions, fraud-prevention or safety purposes. Verification is a risk-management tool and is not a guarantee of identity, authority, insurance coverage, vessel condition or lawful conduct.

Docky is a technology marketplace and workflow platform. Unless expressly stated for a specific transaction, Docky is not a marina operator, port authority, harbor master, owner, lessor, sublessor, landlord, vessel operator, carrier, charterer, towing or salvage operator, insurer, insurance broker, surveyor, fiduciary or bailee.

Docky does not take possession or operational control of a vessel or marina-managed berth, grant physical port access, issue navigational clearance, certify seaworthiness or berth safety, or replace the judgment, approval or instructions of the relevant Marina/Port Operator.

For a Marina-Managed Berth, temporary occupancy is authorized and controlled by the Marina/Port Operator. For a Direct Listing, the listing provider is responsible for having the legal and contractual authority to offer the berth.

For Marina-Managed Berths, the Marina/Port Operator retains final authority over entry, berth assignment, vessel acceptance, dimensions, draft, weight, documentation, insurance requirements, security, navigation within the facility, check-in/out, operational restrictions and emergency procedures.

A platform status such as accepted, matched or confirmed does not override the Marina/Port Operator's final decision. The operator may approve, reject, condition, cancel, move or reassign a vessel when permitted by its rules and applicable law.

A request does not guarantee availability or access. Users must follow all arrival and clearance procedures applicable to the berth. Docky may transmit information and documentation but does not guarantee that a recipient has reviewed or approved it.

Direct Listings remain subject to applicable property, marina, association, lease, concession, port and local rules. A Direct Listing provider must not offer a berth where doing so is prohibited.

Visitors must provide accurate vessel dimensions, type, registration, insurance and other requested information. Docky may provide automated or manual compatibility screening, but this is not a marine survey, safety certification or warranty. Final responsibility for safe navigation and fit remains with the vessel operator and, for Marina-Managed Berths, the Marina/Port Operator.

Docky does not provide or guarantee vessel, property or liability insurance. Users must maintain all insurance required by law, their own contracts and the applicable Marina/Port Operator or lawful berth provider. Users remain responsible for deductibles, uninsured losses, damage, fines, towing, environmental response and other liabilities attributable to them.

Docky may facilitate payments through Stripe or another payment service provider. Charges may include berth charges, Docky Platform Fees, taxes, deposits, cancellation/no-show charges, overstay charges and other amounts disclosed before authorization or otherwise validly due.

Docky does not promise a fixed global commission. Platform Fees, commissions, pilot arrangements and commercial terms may vary by transaction, market, provider or separate agreement and will be disclosed where legally required.

For Marina-Managed Berths, Docky does not guarantee or owe an Annual Berth Holder any payout or revenue share. Any reduction, rebate, credit, incentive or other benefit relating to the Annual Berth Holder's underlying marina subscription is determined solely by the Marina/Port Operator under its own program or agreement. Docky may provide technical data or workflow support but does not set or guarantee that benefit.

For Direct Listings, the lawful berth provider may receive transaction proceeds or payouts under the terms displayed for the transaction or a separate provider agreement. Payment providers may process, split, delay, reverse or withhold amounts as permitted by their terms, law, fraud controls, refunds, chargebacks or tax requirements.

Each party is responsible for its own tax, reporting, licensing and governmental obligations except where Docky or a payment provider is legally required to collect, withhold, report or remit an amount.

Cancellation, refund, no-show, weather, modification and reassignment rules are governed by the terms displayed for the Booking, applicable marina/provider rules and mandatory law. Docky may facilitate a refund or alternative but does not guarantee a substitute berth or a refund controlled by another party.

Do not provide false identity, vessel, absence, insurance, payment, ownership or authority information; circumvent disclosed fees or marina approvals; make unauthorized side arrangements where prohibited; interfere with security; use the Service unlawfully; or claim authority over a marina, berth or vessel that you do not possess.

Boating and marina activity involve inherent risks. Vessel owners/operators remain responsible for seamanship, navigation, weather, tides, currents, depth, mooring, crew and decisions to arrive, remain or depart. Docky is not an emergency, rescue, towing, navigation or vessel-monitoring service.

You retain ownership of content you submit and grant Docky a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, format, transmit, display and use it as reasonably necessary to operate, secure, improve and promote the Service, subject to the Privacy Policy and applicable law.

Docky's software, interface, databases, trademarks, logos, workflows and Docky-created content are owned by Docky or its licensors. Docky grants only a limited, revocable, non-transferable license to use the Service for its intended purpose.

The Service may use payment processors, mapping providers, cloud hosting, analytics, communications, identity tools and app stores. Third parties may have their own terms and privacy practices. Docky's processing of Personal Data is described in the Privacy Policy.

Docky may restrict, suspend or terminate access where reasonably necessary for fraud, non-payment, inaccurate information, unsafe conduct, security risk, sanctions/legal compliance, violation of these Terms or applicable marina/provider rules, or technical integrity. Rights and obligations intended to survive termination remain in effect.

To the maximum extent permitted by law, the Service is provided as is and as available. Docky does not warrant that any berth, user, marina, listing, document, insurance policy, identity, availability or compatibility information is accurate, safe, legal, suitable or continuously available.

To the maximum extent permitted by applicable law, Docky is not liable for indirect, incidental, special, consequential or punitive damages, loss of profits, loss of use, loss of data or third-party acts. Any monetary cap stated or displayed by Docky applies only to the extent lawful and does not limit liability that cannot legally be limited, including mandatory consumer protections.

Docky may facilitate communications but is not the adjudicator of disputes between users, Marina/Port Operators or Direct Listing providers. To the extent permitted by law, users are responsible for claims caused by their vessel, crew, guests, content, inaccurate representations, unlawful conduct or breach of applicable rules. No indemnity applies to Docky's own fraud, willful misconduct or non-transferable liability.

For users whose contract is subject to United States law, disputes with Docky may be subject to binding individual arbitration under the AAA Consumer Arbitration Rules and the Federal Arbitration Act, with a class-action and jury-trial waiver, except for claims that legally cannot be arbitrated. A user may opt out of arbitration by written notice to Docky within 30 days after first accepting the arbitration provision, identifying the account and clearly stating the decision to opt out.

If you are a consumer in the European Union, EEA or United Kingdom, the U.S. arbitration and class-action waiver provisions do not deprive you of mandatory consumer rights or access to courts or dispute-resolution mechanisms available under the law of your habitual residence. Mandatory local consumer, port, data-protection and contract law prevails.

For services directed to French consumers, Docky will provide the legally required consumer-mediation information applicable to the responsible Docky entity once the designated mediator relationship is in place. Nothing in these Terms requires a French consumer to waive a mandatory right to consumer mediation or competent courts.

For U.S. users, these Terms are governed by New York law, without regard to conflict-of-law rules, subject to mandatory law and the arbitration provision. For consumers outside the United States, mandatory protections of the consumer's habitual residence remain preserved. Local marina, port, navigation, tax, safety and data-protection law may apply regardless of the contractual governing-law clause.

Electronic acceptance, signatures, notices and records may be used to the extent permitted by law. Docky is not liable for delay or failure caused by events beyond its reasonable control, subject to mandatory law.

Use of the Service does not by itself create an agency, partnership, joint venture, employment, fiduciary, landlord-tenant or bailment relationship between Docky and a user. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue in effect.

Docky Holding LLC / DOCKY USA LLC (as applicable), 11 Broadway, Suite 1155, New York, NY 10004, United States. For European operations, the applicable Docky affiliated operating entity may include DOCKY FRANCE SASU. General support: support@docky.com. Privacy: contact@docky.com.