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TERMS OF SERVICE

Application: Seaworthy (za.co.digitalfreedom.seaworthy)

General Terms and Conditions

Effective Date: 5 October 2026

Provider:
DigitalFreedom
A brand of DigitalFreedom Global LLC
30 N Gould St, Ste N
Sheridan, WY 82801
United States
Contact: mailto:hello@digitalfreedom.co.za
Website: https://digitalfreedom.co.za

1. SCOPE AND ACCEPTANCE

1.1 Agreement

These Terms of Service (“Terms”) govern your access to and use of Seaworthy and its related support services (“the Services”) provided under the DigitalFreedom brand by DigitalFreedom Global LLC (“the Provider”).

1.1.1 Global scope

Seaworthy is distributed through the Apple App Store and TestFlight in the markets where it is offered. These Terms apply globally to all users of the Services, regardless of country of access or use. The Provider adopts the European Union General Data Protection Regulation (GDPR) and related EU law as its baseline standard and applies it as a global floor; mandatory consumer-protection and other statutory rights granted by the user’s country of residence remain unaffected and prevail wherever they are more protective.

1.2 Acceptance

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1.3 Eligibility

To enter into a contract with us you must have the legal capacity to do so under the law of your place of residence — generally 18, and 19 in South Korea. Minors may use the Services only with the involvement of a parent or guardian who accepts these Terms on their behalf.

This is a different question from the age at which you can consent to the processing of your personal data, which is set between 13 and 16 depending on the Member State and is dealt with in the Privacy Policy. Neither number governs the other: § 110 BGB, which lets a minor conclude some contracts with their own means, does not cover a continuing obligation such as a subscription.

1.4 Business Use

If you use the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. SERVICES

2.1 Description

Seaworthy is a boat maintenance logbook for recording boats, equipment, maintenance tasks, logs, photos and documents. The free tier permits one boat and five maintenance items in total. Seaworthy Pro unlocks the Pro features, including unlimited boats and items, for a one-time purchase.

There are no Seaworthy user accounts. Logbook data is stored on the device and optionally synced through the user’s private iCloud, provided by Apple. Recognition and suggestions run on the device. Local reminders require the operating system’s notification permission.

2.2 Modifications

The Provider reserves the right to modify, suspend, or discontinue any Service. For consumers in the EU and EEA this right is limited: beyond what is necessary to keep the Service in conformity, the Service is modified only for a valid reason stated here — adaptation to a new technical environment, to changed platform requirements, to legal requirements, or discontinuation of a third-party service the feature depends on — and a modification that more than insignificantly affects your access or use is notified to you in advance on a durable medium, together with your right to terminate free of charge within 30 days if the modification is detrimental (Art. 19 Directive (EU) 2019/770 / § 327r BGB). Material changes are communicated to everyone where practicable.

2.3 Availability

The Services are provided on an “as available” basis. The Provider does not guarantee uninterrupted access or availability.

3. ACCOUNTS

Seaworthy does not offer account creation or sign-in. Your Apple account for purchases or optional iCloud is managed by Apple under its own terms, not by the Provider.

4. USER CONTENT

4.1 Ownership

You retain ownership of content you create, upload, or submit through the Services (“User Content”).

4.2 License Grant

Your logbook content is processed on your device and, if enabled, in your private iCloud. It is not uploaded to a service operated by the Provider. If you voluntarily send material to support, you permit the Provider to use and process that material only as necessary to handle your request, as described in the Privacy Policy.

4.3 Responsibility

You are solely responsible for your User Content. You represent that:

4.4 Removal

You control and can delete your logbook content in Seaworthy. The Provider does not host, publish or remotely moderate it.

5. ACCEPTABLE USE AND FAIR USE

Seaworthy has no shared processing quota, public content hosting or remote usage monitoring. No separate acceptable-use or fair-use policy applies. The free-tier limits are product limits: one boat and five maintenance items in total; Pro removes those limits.

You shall not:

6. INTELLECTUAL PROPERTY

6.1 Provider’s IP

The Services, including software, design, logos, and documentation, are protected by intellectual property laws. All rights not expressly granted remain with the Provider.

6.2 Trademarks

The Provider’s trademarks and trade names may not be used without prior written consent.

6.3 Feedback

Any feedback or suggestions you provide may be used by the Provider without obligation to you.

7. PURCHASES

7.1 Pricing

Prices for paid Services are displayed at the time of purchase. All prices are inclusive of applicable taxes unless otherwise stated.

7.2 Payment Processing

The App Store processes the purchase through StoreKit. The Legal Framework Overview identifies who is the seller under Apple’s applicable arrangements. No payment-card details are received by the Provider.

7.3 Subscriptions

Seaworthy Pro (co.digitalfreedom.seaworthy.pro.lifetime) is a one-time, non-consumable purchase. There are no subscriptions, auto-renewals or trial-to-subscription conversions. Previously purchased access can be restored through the App Store.

7.3.1 California Automatic Renewal Law (ARL)

Seaworthy has no automatic renewal. No separate subscription terms apply.

7.4 Refunds

Refunds are governed by:

7.5 EU Right of Withdrawal

Consumers in the EU / EEA have a 14-day right of withdrawal for digital content / digital services purchases under the Consumer Rights Directive (Directive 2011/83/EU) and the Digital Content Directive ((EU) 2019/770).

When the right lapses — and when it does not. For digital content not supplied on a tangible medium, § 356(6) no. 2 BGB lets the right of withdrawal lapse only where all four of the following are met:

If any one of them is missing, the right of withdrawal survives. It then ends at the latest twelve months and 14 days after the point set out in § 356(4) sentence 1 BGB.

Where to exercise it. Against the seller of your purchase. Who that is depends on your country and store — see the Legal Framework Overview § 3. Where a store is the seller, its own withdrawal process applies. Where DigitalFreedom Global LLC is the seller, write to mailto:support@digitalfreedom.co.za with the subject Withdrawal — Seaworthy Pro; we confirm receipt and refund within 14 days of receiving the notice.

8. THIRD-PARTY SERVICES

8.1 Integration

The Services may integrate with or link to third-party services. The Provider does not endorse or control such services.

8.2 Terms

Your use of third-party services is subject to their respective terms and privacy policies.

8.3 Liability

The Provider is not liable for any damages resulting from your use of third-party services.

9. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Nothing in this section excludes or limits any warranty, guarantee, or liability that cannot be excluded or limited under mandatory applicable law, including mandatory statutory consumer warranty rights. For consumers in Australia and New Zealand, § 14.5 applies and prevails over this section.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Mandatory carve-outs. The above exclusions and limitations do not apply to, and the Provider remains fully liable for: (a) damages arising from intent or gross negligence; (b) injury to life, body, or health; (c) liability under mandatory product-liability law (including the German Product Liability Act / Produkthaftungsgesetz); (d) the culpable breach of an essential contractual obligation (cardinal obligation / Kardinalpflicht) — here liability for slight negligence is limited to the foreseeable, contract-typical damage; and (e) any other liability that cannot be limited or excluded under mandatory applicable law. Mandatory statutory consumer rights remain unaffected. For consumers in Australia and New Zealand, § 14.5 applies and prevails over this section.

11. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Provider from third-party claims, damages, losses, and expenses (including reasonable legal fees) to the extent they are caused by your culpable (intentional or negligent) conduct, in particular:

This obligation does not apply where, and to the extent that, you are not responsible for the relevant breach, and it does not affect or reduce your mandatory statutory rights as a consumer.

12. TERMINATION

12.1 By You

You may stop using Seaworthy at any time and delete your logbook data in the app. There is no Provider account to close. See the Privacy Policy for local data, iCloud and support-record deletion.

12.2 By the Provider

The Provider may suspend or terminate your access for good cause — including a material breach of these Terms, misuse of the Services, or where required by law, by a court or authority, or by an app-store / platform operator. A material breach may result in immediate termination. Where the Provider terminates without cause, it will give reasonable prior notice where legally required. Your and the Provider’s mandatory statutory termination rights remain unaffected.

12.3 Effect of Termination

Upon termination:

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, United States of America, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Where you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence (Art. 6(2) Rome I Regulation and equivalent rules).

13.2 Jurisdiction

For users who are not consumers, the courts of Sheridan County, Wyoming, United States, have exclusive jurisdiction. Consumers may bring proceedings before the courts of their country of habitual residence, and may be sued by the Provider only before those courts.

13.3 Consumer Disputes (EU)

The European Commission’s Online Dispute Resolution platform ceased operation on 20 July 2025 following the repeal of Regulation (EU) No 524/2013 by Regulation (EU) 2024/3228. Consumers may contact the Provider directly at mailto:hello@digitalfreedom.co.za. The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless required by law.

14. REGIONAL PROVISIONS

14.1 European Union and EEA

Applies to: consumers with habitual residence in the EU or the EEA (including Norway, Iceland and Liechtenstein).

Who sells your purchase. For App Store purchases in the EU/EEA, Apple Distribution International Ltd. sells in its own name as commissionaire; the pre-contractual information under Art. 246a EGBGB / Art. 6 Directive 2011/83/EU, the order button under § 312j(3) BGB / Art. 8(2) of that Directive, the withdrawal instruction and model form, the confirmation on a durable medium (§ 312f BGB) and the refund of the purchase price are owed by Apple. Who your contract is with, per store and country, is set out in the Legal Framework Overview § 3. This allocation holds for the EU and EEA only — it does not carry over to the App Store’s agent territories.

Your withdrawal right is described in § 7.5 ; nothing here restates or shortens it.

Conformity and updates. Directive (EU) 2019/770 governs the supply of the digital content and service between you and the Provider, independently of who took the payment. The conformity requirements of Art. 6 to 8 and the update duty of Art. 8(2) are mandatory under Art. 22 and are not excluded by anything in these Terms — see the Support and Update Policy.

For consumers in the EU/EEA, the following do not apply:

National specifics.

14.2 United States

14.3 United Kingdom

14.4 Canada

14.5 Australia and New Zealand

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

The notice above qualifies §§ 9 and 10 of these Terms and prevails over them.

The guarantees. For digital products and services supplied to a consumer, the Australian Consumer Law guarantees acceptable quality (s. 54), fitness for any disclosed purpose (s. 55), correspondence with description (s. 56), due care and skill (s. 60) and fitness of services for the specified purpose (s. 61); the New Zealand Consumer Guarantees Act 1993 provides the equivalents (ss. 6, 8, 9, 28, 29). Where a failure is major, you choose between refund and replacement — the supplier does not. Where it is not major, the supplier may repair within a reasonable time. Section 64 ACL voids any attempt to exclude, restrict or modify these guarantees; s. 43 CGA does the same in New Zealand.

Who owes them. The supplier is the Provider, not the store: Apple acts as the Provider’s agent in these territories under Schedule 2 of its developer agreement, selling in the Provider’s name. The purchase contract is with DigitalFreedom Global LLC, and the guarantees, the major-failure remedies and the notice above are owed by the Provider directly. A consumer who cannot obtain a remedy from the store is not left without one — the route is the support contact (§ 16).

14.6 Türkiye

For App Store purchases in Türkiye, the seller is Apple Distribution International Ltd. (commissionaire — see the Legal Framework Overview § 3), and the pre-contractual information and 14-day withdrawal duties under the Law on Consumer Protection (No. 6502) and the Distance Contracts Regulation attach to the store. Consumer disputes below the statutory threshold must be brought before a Consumer Arbitration Committee before a court; this is compulsory, nothing in these Terms contracts out of it, and it qualifies § 13.3’s “unless required by law”.

14.7 Japan

For sales to consumers in Japan, the Specified Commercial Transactions Act (特定商取引法) requires the seller’s name, address and telephone number, the price, and the cancellation terms to be readily available. In Japan the Provider is the seller — the App Store is an agent territory — so these display duties attach to the Provider and are provided here, in the EULA § 19.8 (including +1 307 451 0707), in the App Store purchase sheet, and in the Refund Policy.

14.8 Other Jurisdictions

15. FORCE MAJEURE

Neither party is liable for delay or failure to perform any obligation under these Terms to the extent the delay or failure is caused by events beyond reasonable control, including but not limited to acts of nature, war, civil unrest, terrorism, cyber-attack, government action, pandemic, fire, flood, prolonged power or telecommunications outage, or failure of upstream sub-processor infrastructure. The affected party will notify the other without undue delay and use reasonable efforts to mitigate.

This Section does not affect the obligation to pay amounts already due, nor any mandatory consumer-protection right under the user’s country of residence.

16. GENERAL

16.1 Severability

If any provision is found invalid, the remaining provisions continue in full effect.

16.2 Waiver

Failure to enforce any provision does not constitute a waiver.

16.3 Assignment

The Provider may assign these Terms in connection with a merger, acquisition, corporate reorganisation or sale of assets. Users will be informed at least 30 days in advance of any change of contracting entity, and where required by law, fresh consent will be sought. You may not assign without prior written consent.

16.4 Entire Agreement

These Terms, together with the Privacy Policy, EULA, Refund Policy and the other applicable documents in Seaworthy’s legal hub, constitute the agreement between you and the Provider. The Legal Framework Overview governs precedence.

16.5 Changes

The Provider may update these Terms. Material changes are notified at least 30 days in advance via the Services or by email and, where applicable consumer-protection law requires, take effect only on renewed acceptance. Continued use after non-material changes constitutes acceptance.

16.6 Limitation period

Claims under these Terms are subject to the statutory limitation periods of the governing law. This does not affect any mandatory limitation period of the user’s country of residence.

16.7 Notices

Notices to the Provider should be sent to mailto:hello@digitalfreedom.co.za (general) or mailto:data-protection@digitalfreedom.co.za (privacy / DSGVO). Notices to you are displayed in the app or, where you have supplied a contact address, sent to that address.

16.8 Language

These Terms are published in several languages. For a consumer, the version in an official language of their place of habitual residence governs where such a version exists. The English version governs for business customers and for languages in which no version exists. This is the reverse of the usual clause and is deliberate: a clause making English binding does not hold in France, Belgium, Poland, Italy, Quebec or Türkiye, and declaring eighteen translations non-binding would devalue the reason for producing them.

(c) 2025-2026 DigitalFreedom Global LLC. All rights reserved.