Arc Boat Company

1. Acceptance of These Terms

By downloading, installing, or using the Arc Boats mobile application (the “App”), you (“you” or “User”) agree to be bound by these Terms & Conditions (“Terms”) and our Privacy Policy. If you do not agree, do not use the App.

2. License Grant & Restrictions

Arc Boats, Inc. (“Arc,” “we,” “our”) grants you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to install and use one copy of the App on a device that you own or control solely for your personal, non‑commercial use in connection with your Arc vessel. You may not: (a) reverse engineer, decompile, or create derivative works; (b) distribute, rent, lease, or sublicense the App; (c) remove proprietary notices; or (d) use the App to violate any law or regulation.

3. Account & Eligibility

Users must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, whichever is higher). If under 18, parental consent is required. You are responsible for safeguarding login credentials and all activity under your account.

4. User Content

You may upload photos, trip logs, comments, or other content (“User Content”). You retain ownership of User Content but grant Arc a worldwide, royalty‑free, perpetual license to use, reproduce, modify, display, and distribute such content solely for operating and improving the App and related services. Any feedback, suggestions, or ideas you provide may be used by Arc without restriction or compensation. You represent that you have all rights necessary to grant this license and that your User Content does not violate any third‑party rights or applicable laws.

5. Safety & Navigation Disclaimer

DO NOT rely on the App as your primary means of marine navigation or safety.The App provides supplemental information only and may be inaccurate, incomplete, or delayed. Always comply with local laws, posted signage, and the rules of the road. Keep certified safety equipment on board and maintain proper lookout at all times.

6. Privacy & Data Collection

Our Privacy Policy explains what data we collect and how we use it. By using the App, you consent to: (a) the collection of precise location data, vessel telemetry, diagnostic information, and usage analytics; (b) receipt of push notifications related to vessel status, safety, or account updates; and (c) the transfer of such data to the United States and other countries where we operate.

7. Intellectual Property

The App and all associated content, graphics, and software are owned by Arc or its licensors and are protected by U.S. and international intellectual‑property laws. All rights not expressly granted are reserved.

8. Third‑Party Services & Open‑Source Software

The App may display, include, or link to content, data, or software from third parties (“Third‑Party Services”). Arc is not responsible for Third‑Party Services, which are provided “as is” under their own terms. Open‑source components are used under their respective licenses, copies of which are available upon request.

9. Warranty Disclaimer

THE APP IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARC OR ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. ARC’S TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE AMOUNTS YOU PAID (IF ANY) FOR THE APP DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless Arc, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your: (a) use of the App; (b) violation of these Terms; or (c) infringement of any third‑party rights.

12. Termination

Arc may suspend or terminate your access to the App at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful. Upon termination, Sections 4–17 will survive.

13. Updates & Modifications

We may modify these Terms or the App at any time. We will post the updated Terms in the App or on our website. Your continued use after changes become effective constitutes acceptance. We may also push automatic App updates to your device.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict‑of‑law principles. Any dispute will be resolved by binding arbitration in Los Angeles County, California administered by the American Arbitration Association under its Consumer Arbitration Rules. Class‑action waivers apply.

15. Export Compliance & Sanctions

You may not use or export the App in violation of U.S. export laws or applicable sanctions regulations.

16. Entire Agreement; Severability

These Terms constitute the entire agreement between you and Arc regarding the App and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.

17. Force Majeure

Arc will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, fire, flood, extreme weather, pandemic, war, terrorism, labor disputes, internet or utility failures, or governmental action.

CONTACT US

For questions about these Terms or the App, contact: