Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the Slip Boss marina management platform and related services (the "Service") operated by Daydream Development Inc., a corporation incorporated under the laws of Canada with its business address in Ontario ("Company," "we," "our," or "us").

By accessing or using the Service, by clicking "I agree," or by creating an account, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity. If you do not agree to any part of these Terms, you may not access or use the Service.

2. Description of Service

Slip Boss is a marina management platform that provides tools for slip and dock management, boat and boat-owner records, document storage, public booking, point of sale, accounting integrations, and related marina operations. We may add, modify, or remove features at any time at our sole discretion.

3. User Accounts

You are solely responsible for safeguarding your account credentials, for all activity that occurs under your account, and for any activity by users you invite to your account (including staff and additional administrators). You must notify us immediately at security@slipboss.com of any unauthorized use of your account or any other suspected security incident.

You must provide accurate, current, and complete information when creating your account and keep your information updated. We are not liable for any loss arising from your failure to maintain the security of your credentials or to keep your account information current.

4. Acceptable Use

You agree not to, and not to permit any other person to:

• Violate any applicable laws or regulations;
• Transmit harmful, threatening, defamatory, or offensive content;
• Upload malware, viruses, or any code designed to disrupt or compromise the Service;
• Interfere with or disrupt the Service or the servers or networks connected to it;
• Attempt to gain unauthorized access to any part of the Service, other accounts, or systems connected to the Service;
• Reverse engineer, decompile, or attempt to extract the source code of the Service;
• Use the Service to send unsolicited communications or to collect personal information about other users in violation of applicable law; or
• Use the Service for any illegal or unauthorized purpose.

5. Subscription Fees, Billing, and Refunds

Slip Boss offers free and paid subscription plans. Paid plans are billed monthly or annually in advance through Stripe, Inc., subject to Stripe's own terms and privacy policy. By providing payment information, you authorize us (and Stripe) to charge your payment method on a recurring basis for the applicable subscription fees, applicable taxes, and any other charges you incur in connection with your use of the Service.

For our public booking system and any add-on services, we may charge transaction fees or commissions as described in your selected plan or on our website at the time of purchase.

All subscription fees are non-refundable. Without limiting the foregoing:

• Monthly subscription fees are fully non-refundable once charged, including any partial month following cancellation, downgrade, suspension, or termination of your account for any reason;
• Annual subscription fees are fully non-refundable once charged, and we do not provide pro-rata refunds for unused portions of an annual term;
• Transaction fees, commissions, and one-time charges are non-refundable;
• We do not refund fees for periods in which the Service was available to you but unused, including periods following your decision to stop using the Service without formally cancelling.

Discretionary refunds. Any refund outside of the policy above is granted solely at our discretion on a case-by-case basis. We may, but are under no obligation to, issue a refund or credit in circumstances we determine appropriate. The granting of any refund does not waive our right to enforce the non-refundable policy in any other instance.

Price changes. We may change subscription fees at any time, effective at the start of your next billing cycle. We will provide at least thirty (30) days' notice of any material price increase affecting your plan. Continued use of the Service after a price change becomes effective constitutes acceptance of the new price.

Failed payments. If a payment fails or is reversed (including by chargeback), we may suspend or terminate your account and pursue recovery of all amounts owed, including reasonable collection costs.

6. Customer Data and Third-Party Information

"Customer Data" means all data, content, and files you or your authorized users submit to the Service, including but not limited to boat-owner records, boat registration documents, insurance certificates, rental and slip agreements, photos, contact information, booking records, and financial records. As between you and us, you retain all rights, title, and interest in your Customer Data.

You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, process, and otherwise use Customer Data solely to provide, maintain, support, secure, and improve the Service; to comply with legal obligations; and to enforce these Terms.

Your warranties regarding Customer Data. You represent and warrant that:

• You have all necessary rights, licences, consents, and lawful bases to collect Customer Data and to upload it to the Service, including any personal information about third parties such as boat owners, customers, staff, and other individuals;
• You have provided all required notices to, and obtained all required consents from, the individuals whose personal information is included in Customer Data, including consent to process, store, and disclose that information through the Service and its sub-processors;
• Customer Data, and our processing of it in accordance with these Terms, does not and will not violate any applicable law, regulation, contract, or third-party right;
• You will maintain your own backups or exports of Customer Data that is material to your operations and will not rely solely on the Service as your system of record.

Controller / processor relationship. For the purposes of applicable privacy laws (including Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA"), Quebec's Act Respecting the Protection of Personal Information in the Private Sector, the EU General Data Protection Regulation ("GDPR"), and the California Consumer Privacy Act ("CCPA")), you are the controller (or business) of personal information contained in Customer Data, and we act as your processor (or service provider) in handling such personal information on your behalf and on your documented instructions reflected in these Terms.

7. Customer Security Responsibilities

You acknowledge that the security of your account and Customer Data depends in part on actions within your control. You agree that you are solely responsible for:

• Using strong, unique passwords and keeping all login credentials, API keys, PINs, and access tokens confidential;
• Promptly revoking access for staff or other authorized users who no longer need it;
• Limiting access to your account to individuals who need it for legitimate marina-operations purposes;
• Configuring permissions, sharing settings, and public-booking features in a way that is appropriate for the sensitivity of your data;
• Reviewing and complying with the terms and privacy policies of third-party services you choose to integrate with the Service (including, without limitation, Stripe, QuickBooks, and any other integrations you enable); and
• Determining whether the Service is appropriate for the types of information you intend to store in it, and maintaining your own backups of any data you cannot afford to lose.

You acknowledge that no online service can be made completely secure, and you accept the residual risk of loss, unauthorized access, alteration, or destruction of Customer Data inherent in using any internet-based service.

8. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Daydream Development Inc. and its licensors. The Service is protected by copyright, trademark, and other intellectual-property laws. Nothing in these Terms grants you any right, title, or interest in or to the Service except for the limited right of access expressly granted here.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

10. Service Availability and Modifications

We do not guarantee that the Service will be uninterrupted, error-free, or available at any particular time. We may suspend, modify, or discontinue all or part of the Service at any time, including for scheduled maintenance, emergency maintenance, security incidents, or for any other reason in our discretion. We will use commercially reasonable efforts to provide advance notice of planned material changes.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, FEATURES, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. DAYDREAM DEVELOPMENT INC. AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) CUSTOMER DATA OR ANY OTHER DATA WILL NOT BE LOST, ALTERED, OR ACCESSED WITHOUT AUTHORIZATION, OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA RESULTING FROM SUCH ACCESS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAYDREAM DEVELOPMENT INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY (INCLUDING WITHOUT LIMITATION CLAIMS ARISING OUT OF OR RELATING TO ANY ACTUAL OR ALLEGED SECURITY INCIDENT, DATA BREACH, UNAUTHORIZED ACCESS, LOSS OF CUSTOMER DATA, OR FAILURE TO COMPLY WITH PRIVACY LAWS), SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

No liability for certain events. Without limiting the foregoing, we will have no liability for any loss or damage arising out of or relating to:

• Unauthorized access to your account resulting from compromise, loss, or sharing of your credentials or those of any user you authorized;
• Acts or omissions of you, your staff, your contractors, or other users you authorized, including misuse of the Service;
• Acts, omissions, outages, breaches, or non-performance of third-party services (including Stripe, QuickBooks, email providers, hosting providers, and any other integrations or sub-processors), even where such third parties are engaged by us;
• Customer Data that is inaccurate, unlawful, or uploaded without proper authority or consent; or
• Force majeure or other events outside our reasonable control (see Section 15).

The limitations in this Section 12 apply notwithstanding the failure of any limited or exclusive remedy of its essential purpose. You agree that the limitations are an essential basis of the bargain between you and us, and that absent such limitations the fees for the Service would be materially higher.

13. Indemnification

You agree to defend, indemnify, and hold harmless Daydream Development Inc. and its parents, subsidiaries, affiliates, licensors, and their respective directors, officers, employees, contractors, and agents (collectively, the "Indemnified Parties") from and against any and all claims, actions, suits, proceedings, demands, liabilities, damages, losses, penalties, fines, costs, and expenses (including reasonable legal fees and court costs) arising out of or relating to:

• Your access to or use of the Service;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right (including privacy, publicity, intellectual-property, and contract rights);
• Customer Data, including any claim that Customer Data infringes, misappropriates, or otherwise violates the rights of any third party, or that you lacked the rights or consents necessary to collect, upload, or process it;
• Claims brought against any Indemnified Party by any of your customers, employees, contractors, or other third parties whose personal information is contained in your Customer Data, including without limitation boat owners, slip renters, and booking customers; and
• Any unauthorized access to or disclosure of Customer Data caused by your acts or omissions (including the compromise of credentials).

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of such claim. You may not settle any claim without our prior written consent.

14. Security Incidents and Breach Notification

We implement reasonable administrative, technical, and physical safeguards designed to help protect Customer Data. However, no safeguards are perfect, and we do not guarantee that the Service or Customer Data will never be subject to unauthorized access, loss, or alteration.

In the event we become aware of a confirmed security incident that affects your Customer Data and that we determine, acting reasonably, is reportable, we will notify you without undue delay to the extent and on the timeline required by applicable law. As the controller of Customer Data, you are responsible for notifying affected individuals, regulators, and any other persons required to be notified under applicable law. Our notification to you under this section constitutes our entire obligation, and your sole remedy, with respect to security-incident notification.

15. Force Majeure

We will not be liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including without limitation acts of God, natural disasters, fire, flood, severe weather, war, terrorism, civil unrest, labour disputes, pandemic, government action, third-party service outages, denial-of-service or other cyber-attacks, internet or telecommunications failures, or interruptions of utilities.

16. Termination

We may suspend or terminate your account and your access to the Service at any time, immediately and without prior notice or liability, in our sole discretion, including for any breach of these Terms, non-payment, suspected fraud or misuse, or for any other reason.

You may cancel your subscription at any time through the in-app cancellation flow or by contacting us. On cancellation, your subscription will remain active through the end of the then-current billing period, after which it will not renew. As stated in Section 5, no refunds will be issued for amounts already paid.

Following termination, we may retain Customer Data for a reasonable period to enable account reactivation, comply with legal obligations, or resolve disputes, after which it will be deleted in accordance with our Privacy Policy. You are responsible for exporting any Customer Data you wish to retain prior to termination.

Sections that by their nature should survive termination (including Sections 5 (with respect to accrued fees), 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, and 19) will survive termination of these Terms.

17. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be brought exclusively in the courts located in Toronto, Ontario, Canada, and you consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

18. Changes to Terms

We may modify these Terms from time to time. If a change is material, we will provide at least thirty (30) days' notice prior to the new Terms taking effect, by email or through an in-app notice. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Service before they take effect.

19. Miscellaneous

These Terms, together with the Privacy Policy and any order forms or plan descriptions you accept, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms without our prior written consent; we may assign these Terms without restriction. There are no third-party beneficiaries to these Terms.

20. Contact Information

If you have any questions about these Terms of Service, please contact us at: