Terms of Use
These terms are available in English and German. If you enter into the agreement in German, the German version governs; for everyone else this English version does. The app is available in further languages — that does not create a further contract language.
1. Scope and provider
These terms govern the use of the "CoSkipper" app and the associated website coskipper.app. The provider and your contractual partner is Kamil van der Linde, Heiglhofstrasse 17, 81377 München, Germany ("we"). Full provider details are in the imprint.
By creating an account you accept these terms. Conflicting terms of the user do not apply.
2. What the service is
CoSkipper is a planning and record-keeping tool for sailing voyages. It supports voyage planning, coordination within the crew, checklists, packing lists, safety briefings, wording aids for radio calls, the ship's kitty, the logbook and sea-mile records.
We owe the provision of the software functions in their current state. We owe no advice, no nautical service and no brokering of charter contracts.
3. Not a navigation or safety system
CoSkipper is not a navigation aid. The app must not be used for navigation, for route guidance at sea, or as the basis for safety-critical decisions.
Specifically:
- Map and place data comes from third parties (including MapTiler, Google and OpenStreetMap). It may be incomplete, outdated or wrong. In particular it contains no official nautical chart information — no depths, shoals, buoyage, restricted areas or traffic separation schemes.
- Distances and route lines shown are arithmetic approximations between the points you set and do not describe a navigable track.
- Weather and tidal information is non-binding supplementary information and does not replace an official marine weather briefing. It is forecast data given without guarantee of accuracy; the official marine forecast governs.
- The radio-call texts are wording aids only. They carry no claim to accuracy or completeness and replace neither the required radio operator's certificate nor the applicable radio regulations. In an emergency, the official procedure and the instructions of the responsible coastguard govern exclusively; sending a distress call never requires the app. Position, time and weather values carried into a radio-call text come from your device or from third parties and may be inaccurate or outdated — check them before transmitting.
- Checklists, safety briefings and their acknowledgments are organisational aids. They replace neither the legally required safety briefing nor the equipment and duty-of-care obligations of the person in command.
- The logbook and sea-mile records are record-keeping aids. Whether a record is recognised as proof by an association, an authority or a charter company is outside our control.
Responsibility for the vessel, the crew and navigation rests solely with the person in command under the applicable maritime rules. For navigation, rely exclusively on official nautical charts, nautical publications and approved navigation equipment.
4. Account and access
Use requires an account. You must be at least 16 years old. You must provide accurate information when registering, keep your credentials and sign-in codes confidential, and notify us without delay of any unauthorised use. One account per person is intended; sharing access is not permitted.
5. Crew use and third-party data
CoSkipper is designed for shared use. The content of a voyage is visible to that voyage's crew (details in the privacy policy).
Where you enter other people's data — in particular email addresses for invitations, emergency contacts or crew-list details — you confirm that you are entitled to do so and that you have informed the person concerned. You indemnify us against third-party claims arising from your entering such data without authorisation.
6. Your content
The content you upload remains yours. You grant us only the simple right, limited to operating the app, to store that content, process it technically and display it to the crew members entitled to see it. We make no other use of it.
You must not upload content that infringes third-party rights or applicable law. We are entitled to remove unlawful content once we become aware of it.
7. Ship's kitty
The ship's kitty serves only to record and split expenses within the crew. It is not a payment service: no payments are initiated, held or brokered. Calculated balances are non-binding working figures; settlement between crew members happens outside the app and is their sole responsibility.
8. Prohibited use
The following are prohibited in particular: automated extraction of data, interference with the technical infrastructure, circumventing access restrictions, introducing malware, placing excessive load on the systems, and any use that impairs the rights of other users.
9. Availability, changes and cost
The app is currently provided free of charge. There is no entitlement to uninterrupted availability; maintenance, faults and further development may cause temporary restrictions. We may develop, change or discontinue functions where this is reasonable for you and the core of the service is preserved.
Should paid functions be offered in future, separate terms will apply and will be shown before any purchase. Existing functions remain unaffected.
We may require you to run a current version of the app. Older versions may be excluded from use after notice where this is necessary for security or compatibility reasons.
10. Deletion and archiving of data
30 days after a voyage's end date, planning and organisational data that is no longer needed is deleted automatically; records with evidentiary value are retained. If you delete your account, a completed voyage with other crew is handed over to another crew member so that their records survive. Section 7 of the privacy policy sets out the detail.
Keep your own copy of any record you depend on. We owe no archiving and no recovery of deleted data.
11. Term and termination
You may end the agreement at any time by deleting your account in the app. We may terminate on 30 days' notice, and may suspend an account or terminate for cause in the event of serious or repeated breaches of these terms. If we discontinue the service we will give reasonable advance notice so that you can secure your data.
12. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under any guarantee we have given, and under the German Product Liability Act.
Where we slightly negligently breach a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely — our liability is limited to the foreseeable damage typical for this type of contract. Liability for slight negligence is otherwise excluded.
These limitations also apply in favour of our vicarious agents. Liability for decisions taken on the basis of the map, place, weather, distance or radio-call information referred to in section 3 is excluded within the above limits.
13. App store notices
The agreement covering your use of CoSkipper is concluded exclusively between you and us. Apple and Google are not parties to it and owe neither maintenance nor support for the app. We alone are responsible for claims relating to defects or to the app's infringement of third-party rights. Apple Inc. and its subsidiaries are third-party beneficiaries of these terms and are entitled to enforce them against you. The terms of the respective app store apply in addition.
14. Changes to these terms
We may amend these terms where required by a change in the law, in case law or in the scope of functions. We will notify you of changes at least 30 days before they take effect, in the app or by email. If you do not object before they take effect, the changes are deemed accepted; we will point this out separately in the notice. If you object, you may end the agreement by deleting your account.
15. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another state, the mandatory consumer protection provisions of that state remain unaffected.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Should any provision of these terms be invalid, the validity of the remaining provisions is unaffected.