Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Mayport Cruisers software service, including any associated websites, networks, applications, and other services provided by Mayport Cruisers (collectively, the “Service”). These Terms constitute a legally binding agreement between you and Mayport Cruisers (“we,” “us,” or “our”). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

• "User," "you," and "your" refer to the individual or entity accessing or using the Service.
• "Subscription" refers to the purchased right to access and use the Service according to the selected plan.
• "Content" refers to any text, images, videos, audio, or other material that appears on or through the Service.
• "User Data" refers to any data, information, or material that you upload, input, or otherwise provide to the Service.
• "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our Service.

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our Service or by sending you an email. Your continued use of our Service after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Service.

To use our Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Service, you represent and warrant that you meet the eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that the organization agrees to be bound by these Terms.

The Mayport Cruisers Service provides team management and communication tools for league members. The specific features and functionality available to you will depend on your assigned role and access level.

Access to certain features of our Service may require a paid Subscription. Unless otherwise specified at the time of purchase:

• Subscriptions are billed on a monthly or annual basis
• Your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date
• You authorize us to charge your payment method for the Subscription fee at the beginning of each billing period
• If you upgrade your Subscription, we will immediately charge your payment method for the prorated difference in cost
• If you downgrade your Subscription, the change will take effect at the start of the next billing period

Prices for our Service are subject to change with notice. You may cancel your Subscription at any time through your account settings or by contacting us. If you cancel, you may continue to use the Service until the end of your current billing period, but you will not be eligible for a refund of any portion of the Subscription fee except as expressly provided in these Terms or as required by applicable law.

We may offer free trials of our Service. Free trial eligibility is determined at our discretion and may be limited to new users or other qualifying customers. We reserve the right to modify or terminate free trials at any time without notice.

Unless you cancel before the end of the free trial period, we will automatically charge your payment method for the first billing period of your Subscription at the end of the free trial.

We will make reasonable efforts to keep our Service operational 24 hours a day, 7 days a week. However, we do not guarantee continuous, uninterrupted access to our Service, and operation of our Service may be interfered with by numerous factors outside our control.

We reserve the right to suspend access to the Service, in whole or in part, for maintenance or upgrades or to address security concerns, with or without notice. We will use reasonable efforts to schedule planned downtime during off-peak hours.

You must create an account to access the Service. You are responsible for:

• Providing accurate, current, and complete information
• Maintaining the confidentiality of your password and account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Service or other users.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe the rights of others, including intellectual property rights
• Attempt to breach any security or authentication measures
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Collect or harvest any information from the Service without authorization
• Impersonate any person or entity or falsely state your affiliation with a person or entity
• Use automated scripts to collect information from or otherwise interact with the Service
• Exceed the usage limitations or quotas associated with your Subscription plan

You retain all ownership rights to your User Data. By uploading, inputting, or otherwise providing User Data to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, store, modify, display, and distribute your User Data solely as necessary to provide the Service to you and your authorized users.

We will not access your User Data except:

• To provide the Service to you and your authorized users
• To prevent or address technical or security issues
• To respond to customer support requests
• As required by law
• As explicitly permitted in writing by you

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Data.

Our Privacy Policy describes our practices regarding the information we collect from you. California residents have additional rights as set forth in our Privacy Policy.

We will use commercially reasonable efforts to make the Service available with an uptime of at least 99.9%, excluding scheduled maintenance. If we fail to meet this commitment, you may be eligible for service credits as described in our Service Level Agreement, which is incorporated by reference into these Terms.

All content provided by Mayport Cruisers, including but not limited to the Service, website, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mayport Cruisers or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes or personal use in accordance with these Terms. This license does not include the right to modify or copy the Service, use it for commercial purposes beyond your organization's internal use, transfer or sublicense it to any third party, or reverse engineer or decompile the Service.

We welcome feedback, comments, and suggestions for improvement of the Service (“Feedback”). You grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Feedback in all formats and distribution channels now known or hereafter devised, without any attribution or compensation to you.

The Service may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

We do not endorse and are not responsible or liable for the behavior, features, or content of any third-party service or for any transaction you may enter into with the provider of such services.

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Mayport Cruisers does not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected, or that your use of the Service will meet your requirements or expectations.

To the maximum extent permitted by applicable law, in no event shall Mayport Cruisers be liable for any special, incidental, indirect, or consequential damages whatsoever. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

You agree to indemnify, defend, and hold harmless Mayport Cruisers, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Data, or your use of the Service.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall take place in Jacksonville, Florida. You agree to waive any right to a jury trial.

These Terms, including our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Mayport Cruisers regarding your use of our Service and supersede any prior agreements between you and Mayport Cruisers relating to your use of our Service.

The failure of Mayport Cruisers to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Mayport Cruisers, but may be assigned by Mayport Cruisers without restriction.

We reserve the right to suspend or terminate your access to our Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of our Service, us, or third parties, or for any other reason. Upon termination:

• Your license to use the Service will immediately cease
• You will lose access to any User Data stored in the Service, unless otherwise specified in your Subscription plan
• We may, but are not obligated to, delete your User Data after a certain period of time

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control. You warrant that you are not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.

If you are a U.S. government user, the Service is provided as “Commercial Computer Software” and “Commercial Computer Software Documentation” as defined in FAR 12.212 and DFARS 227.7202.

Mayport Cruisers shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease.

These Terms do not confer any third-party beneficiary rights on any person or entity.

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

• By email: contact@mayportcruisers.com