Terms and conditions
The rules for using yachtcockpit.app, the trial and the Premium subscription.
1. Scope and provider
These general terms and conditions (“terms”) apply to the use of the application yachtcockpit.app at app.yachtcockpit.app (the “app”) and to all contracts for the Basic and Premium plans.
Beta test: while the closed beta test is running, these terms do not apply; the beta terms of use apply instead (currently available in German only: Beta-Nutzungsbedingungen). These terms apply from the start of regular operation; we will then ask for your consent in the app.
The provider and your contractual partner is:
Dipl.-Ing. (FH) Michael JirgalGunthergasse 61
3430 Tulln
Austria
Email: michael@jirgal.at
Legal notice
The app is aimed at consumers and businesses. Where these terms apply only to consumers within the meaning of the Austrian Consumer Protection Act, this is stated expressly. Deviating terms of the customer do not apply.
2. Services of the app
yachtcockpit.app is a digital ship’s folder. In it you manage boat data, documents, photos, maintenance, checklists, items, guides, contacts, crews, berths and costs. Which features are included in which plan is shown in the plan overview on yachtcockpit.app; the version at the time of your booking is decisive.
- The app is an organisational aid. It does not replace original documents required on board, a briefing or a professional inspection.
- Suggestions for maintenance intervals, checklists and templates are non-binding suggestions. The manufacturers’ specifications and the applicable regulations are decisive; responsibility for the maintenance and safe operation of your boat remains with you.
- The Mayday card and the radio sheet are generated from your entries. Check them for accuracy before putting them up.
- In “My contacts” we show accessory suppliers marked as advertising partners. We do not pass any of your data on to the advertising partners.
3. Sign-up and user account
- You need a user account to use the app. Only adults (aged 18 or over) may sign up.
- Your details when signing up must be accurate. You confirm your email address via a link. Your country is a required field.
- Keep your login details secret. We recommend signing in with a second factor (authenticator app).
- With Premium you can invite co-users and give them read-only or edit rights. You are responsible for whom you invite and for what co-users do in your account. Only the owner can book, cancel and delete the account.
4. Trial
Every new account receives 7 days of Premium free of charge once, namely once per email address. You do not need any payment details for the trial.
The trial ends automatically. You then continue to use yachtcockpit.app on the free Basic plan; a paid subscription is only created if you expressly book Premium.
Data from Premium features is kept but locked after the trial and becomes available again after a booking. ID details are deleted immediately when switching to Basic.
5. Plans, prices and payment
- Basic is free of charge.
- Premium costs €2 per month (monthly subscription) or €20 per year (annual subscription). All prices are final prices including VAT.
- You book Premium in the app under Licensing. The contract is concluded when you complete the booking with an obligation to pay in the checkout of our payment provider. Premium starts immediately with the payment.
- The price is payable in advance for each term and is collected automatically at the start of each term using the payment method you have stored.
- Payment and invoicing are handled by our payment provider Stripe (Stripe Payments Europe, Limited, Dublin, Ireland). The payment methods available (e.g. credit card, debit card, SEPA direct debit) are shown when you book. You receive your invoices by email and can find them in the app under Licensing.
- If a payment fails, we will inform you by email. If the amount is still not paid after a grace period, Premium ends and your account continues on the Basic plan.
- Price changes only apply to new terms and will be notified to you in advance (section 14).
6. Term, renewal and cancellation
- The monthly subscription runs for one month and renews for a further month each time.
- The annual subscription runs for one year and renews for a further year each time. Before each renewal we remind you by email 30 days in advance of the price, renewal date and your option to cancel.
- You can cancel any subscription at any time. Cancellation takes effect at the end of the current term; until then you keep using Premium. Terms already paid for are not refunded pro rata. Your statutory right of withdrawal (section 7) remains unaffected.
- How to cancel: in the app under Licensing or by email to the address above. If Germany is set as the country in your account, you can also cancel without signing in via Cancel contracts here; for this you enter your name, email address and customer number. You can find your customer number in the app and in every email from us. You will receive a confirmation by email.
- You can also switch between the monthly and annual subscription. The switch takes effect at the end of the current term.
- After the subscription ends, your account continues on the Basic plan; your data is kept.
- Both parties’ right to terminate for good cause remains unaffected.
7. Right of withdrawal for consumers
If you book Premium as a consumer, you have a statutory right of withdrawal. The following information follows the statutory model.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Dipl.-Ing. (FH) Michael Jirgal, Gunthergasse 61, 3430 Tulln, Austria, email: michael@jirgal.at) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. You can also declare your withdrawal using the “Withdraw from contract” button in the app under Licensing; in that case we will communicate to you an acknowledgement of receipt of such a withdrawal by email without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Dipl.-Ing. (FH) Michael Jirgal, Gunthergasse 61, 3430 Tulln, Austria, email: michael@jirgal.at:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: yachtcockpit.app Premium (monthly/annual subscription (*), customer number ______________)
Ordered on (*) ______________
Name of consumer(s) ______________
Address of consumer(s) ______________
Signature of consumer(s) (only if this form is notified on paper) ______________
Date ______________
(*) Delete as appropriate.
We calculate the pro-rata amount for the time already used to the day; a day that has started counts as used. A withdrawal ends Premium immediately; your account continues on the Basic plan. An automatic renewal does not open a new withdrawal period.
8. Your obligations
- You do not store any unlawful content and do not infringe the rights of third parties.
- You only record data about other people (crew, contacts, co-users) if you are entitled to do so, and you inform the people concerned.
- You do not access other people’s accounts, circumvent security measures or burden the app with automated requests.
9. Your content and access by the operator
The content you store in the app remains yours. You only grant us the rights we need to store, display, search, back up and export it for you.
How far we can view the content of your account depends on the plan:
- Premium (paid): only the basic data of the boats (boat name, make, length, beam, year built) and contract and subscription data.
- Trial and Basic: all content of the account, read-only, including documents and photos; people in “My crews” only as a number.
The purpose of this access is to help you with questions and problems, to find and fix errors and to improve the app. Every access is logged. We do not pass content on to third parties. Further details are in the privacy policy.
10. Availability and further development
- We strive for availability with as few interruptions as possible but cannot guarantee it. Where possible, we carry out maintenance at times of low usage.
- We continuously develop the app. We do not significantly restrict Premium features you have booked during a paid term, but only from the start of a new term. We announce such changes in advance by email so that you can cancel before the renewal. Your statutory rights in the event of changes to digital services remain unaffected.
11. Backup
We back up the app’s data regularly. Regardless of this, we recommend that you regularly download your own copy of your data using the Backup (ZIP) feature. The backup is included in the Premium plan and in the trial. On the Basic plan we will send you a copy of your data by email free of charge on request.
12. Warranty and liability
- For consumers, the statutory warranty for digital services applies.
- We are liable without limitation for damage caused intentionally or through gross negligence and for personal injury.
- We are not liable for property damage and financial loss caused through slight negligence. Towards businesses, liability is additionally limited to the amount the customer paid us in the twelve months before the event causing the damage; liability for loss of profit and consequential damage is excluded towards them, to the extent permitted by law.
- We are not liable for the accuracy of your own entries and the documents generated from them (e.g. Mayday card, checklists, exports).
13. Suspension, deletion and end of the account
- You can delete your account yourself at any time in the app under User management or request deletion by email. Deletion is immediate and permanent. A running subscription ends immediately; the remaining paid term is not refunded. If needed, download your backup first (Premium) or request a copy of your data.
- In the event of serious breaches of these terms, we may suspend your account after prior warning or terminate it for good cause.
- We may delete accounts on the Basic plan in which nobody has signed in for 24 months, after notice by email with a period of 2 months.
14. Changes to these terms
We will notify you of changes to these terms and to the prices at least 6 weeks before they take effect, by email and in the app, and ask for your consent in the app.
- For a running paid subscription, the changes only apply from the next renewal. If you do not consent, your subscription continues under the previous terms until the end of the paid term and does not renew.
- Without consent, you cannot continue to use yachtcockpit.app after the changes take effect or after your subscription ends; you can request a copy of your data and delete your account at any time.
15. Final provisions
- Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules. For consumers, the mandatory protective provisions of the country in which they have their habitual residence also apply.
- For consumers, the statutory place of jurisdiction applies. For businesses, the court with subject-matter jurisdiction for Tulln, Austria, has jurisdiction.
- We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. If you have questions or complaints, please write to us directly at michael@jirgal.at.
- Should any provision of these terms be invalid, the remaining provisions remain valid.