Terms of Service

1. About Charterly

Charterly ("we," "us," or "the Platform") is an online marketplace that connects independent fishing charter captains ("Captains") with customers ("Anglers") who wish to book fishing trips. Charterly is a technology platform — we do not operate, manage, or provide fishing charter services of any kind.

2. Acceptance of Terms

By creating an account, accessing, or using Charterly, you agree to be bound by these Terms of Service. If you do not agree, do not use the Platform. We may update these terms from time to time, and continued use of the Platform constitutes acceptance of any changes.

3. Accounts

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must be at least 18 years old to create an account.

4. Captain Responsibilities

Captains are independent operators, not employees, agents, or contractors of Charterly. By listing trips on the Platform, Captains represent and warrant that they:

• Hold all required licenses, permits, and certifications for operating a fishing charter in their jurisdiction
• Maintain adequate insurance coverage for their vessel, crew, and passengers
• Comply with all applicable federal, state, and local maritime and fishing regulations
• Provide accurate and truthful listing information, including pricing, trip details, and availability
• Are solely responsible for the safety, quality, and fulfillment of every trip booked through the Platform
• Set and enforce their own cancellation policies, which are displayed to Anglers during the booking process

5. Angler Responsibilities

Anglers are responsible for reviewing trip details, cancellation policies, and any waivers before completing a booking. By booking a trip, Anglers acknowledge that:

• The trip is provided by an independent Captain, not by Charterly
• Fishing trips involve inherent risks including weather, sea conditions, and other hazards
• They must comply with the Captain's instructions and safety requirements
• Cancellation and refund terms are set by the individual Captain

6. Payments & Fees

Payments are processed securely through Stripe. Charterly does not store credit card numbers or sensitive payment information.

• Captain subscriptions: Captains pay a monthly subscription fee of $49/month to use the Platform. Subscriptions renew automatically and can be cancelled at any time.
• Platform fee: Charterly collects a 2% platform fee on each booking transaction. This fee is deducted automatically before funds are disbursed to the Captain.
• Payouts: Captain payouts are handled through Stripe Connect. Payout timing and availability are subject to Stripe's terms.
• Refunds: Refund eligibility is determined by the Captain's cancellation policy. Captains can issue refunds through their dashboard. Charterly may facilitate refunds in cases of clear platform errors.

7. Limitation of Liability

Charterly is a marketplace platform that facilitates connections between Captains and Anglers. To the fullest extent permitted by law, Charterly is not liable for:

• The quality, safety, or legality of any fishing trip listed on the Platform
• The accuracy of Captain listings, credentials, or representations
• Cancellations, no-shows, or schedule changes by Captains or Anglers
• Personal injury, property damage, or loss arising from any fishing trip
• Weather conditions, sea conditions, or other natural events
• Disputes between Captains and Anglers

In no event shall Charterly's total liability exceed the amount of fees paid by you to Charterly in the twelve (12) months preceding the claim.

8. Indemnification

Captains agree to indemnify, defend, and hold harmless Charterly, its officers, directors, and employees from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from or related to: (a) the Captain's trips or services, (b) any breach of these Terms, (c) any violation of applicable laws or regulations, or (d) any dispute between the Captain and an Angler.

9. Dispute Resolution

We encourage Captains and Anglers to resolve disputes directly. If you are unable to resolve a dispute, you may contact us at support@charterly.com. For disputes between you and Charterly, both parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

10. Account Termination

You may close your account at any time. Charterly reserves the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or receive repeated complaints. Upon termination, any pending payouts will be processed according to Stripe's terms, and outstanding subscription fees remain due.

11. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied. Charterly does not warrant that the Platform will be uninterrupted, error-free, or secure.

12. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

13. Contact

Questions about these Terms? Contact us at support@charterly.com.