SHE SAID SAIL LLC — TERMS OF SERVICE AND USE

Last Updated: April 10, 2026

PLEASE READ THESE TERMS OF SERVICE AND USE (“TERMS”) CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATION, OR ANY OTHER DIGITAL PLATFORM (COLLECTIVELY, THE “PLATFORM”) OPERATED BY SHE SAID SAIL LLC, A FLORIDA LIMITED LIABILITY COMPANY (“COMPANY,” “WE,” “US,” OR “OUR”). BY ACCESSING OR USING THE PLATFORM IN ANY MANNER, YOU (“USER,” “YOU,” OR “YOUR”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.

1. DEFINITIONS

For purposes of these Terms, the following definitions shall apply:

“Boat Owners/Operators” means any individual or entity that lists, advertises, or otherwise makes available any vessel, watercraft, or boating service on or through the Platform.

“Charterers” means any individual or group of individuals, including but not limited to groups of women, who use the Platform to seek, inquire about, or arrange the charter, rental, or use of any vessel or watercraft.

“Content” means all text, images, graphics, photographs, videos, audio, data, information, software, code, and any other materials displayed, posted, uploaded, transmitted, or otherwise made available on or through the Platform, whether by the Company, Users, or any third party.

“Informational Services” means the provision of information on the Platform for the purpose of connecting Boat Owners/Operators, Vendors, and Charterers, and the facilitation of booking requests and payment processing on behalf of Boat Owners/Operators and Vendors, which information and facilitation services are provided solely for reference and convenience and do not constitute any recommendation, endorsement, guarantee, or warranty of any kind with respect to any vessel, service, or third party.

“Platform” means the website, mobile application, and any other digital properties, tools, features, or services operated by the Company, including all Content therein.

“Third-Party Services” means any services, products, goods, experiences, or offerings provided by Boat Owners/Operators, Vendors, Charterers, or any other third party, whether or not such services are listed, referenced, or facilitated through the Platform.

“User” or “Users” means any individual or entity that accesses, browses, or uses the Platform in any capacity, including but not limited to Boat Owners/Operators, Vendors, and Charterers.

“Vendors” means any individual or entity that offers or provides ancillary services, including but not limited to catering, entertainment, decoration, photography, event planning, provisioning, or any other goods or services, whether listed on the Platform or otherwise engaged in connection with any charter or boating activity.

2. DESCRIPTION OF THE PLATFORM AND INFORMATIONAL SERVICES

2.1 The Platform is operated by She Said Sail LLC as an informational resource and booking facilitation service. The Platform provides information designed to connect Boat Owners/Operators, Vendors, and Charterers in the greater Miami, Florida area, and facilitates the submission of booking requests and the processing of payments on behalf of Boat Owners/Operators and Vendors. All Content and Informational Services provided on or through the Platform are offered for informational and facilitation purposes and for the convenience of Users. The Company’s role in facilitating bookings and processing payments is solely administrative and does not create any agency, partnership, or employment relationship between the Company and any Boat Owner/Operator, Vendor, or Charterer.

2.2 THE COMPANY IS NOT A BOAT OWNER, BOAT OPERATOR, CHARTER COMPANY, TRAVEL AGENCY, TOUR OPERATOR, EVENT PLANNER, CATERER, VENDOR, BROKER, AGENT, OR PROVIDER OF ANY MARITIME, TRANSPORTATION, HOSPITALITY, OR OTHER SERVICES. THE COMPANY DOES NOT OWN, OPERATE, MANAGE, MAINTAIN, INSPECT, OR CONTROL ANY VESSEL, WATERCRAFT, OR EQUIPMENT. THE COMPANY DOES NOT EMPLOY, SUPERVISE, DIRECT, OR CONTROL ANY BOAT OWNER, OPERATOR, CAPTAIN, CREW MEMBER, VENDOR, OR ANY OTHER THIRD PARTY. WHILE THE PLATFORM MAY FACILITATE THE SUBMISSION OF BOOKING REQUESTS AND THE PROCESSING OF PAYMENTS, SUCH FACILITATION IS SOLELY ADMINISTRATIVE IN NATURE. THE COMPANY ACTS ONLY AS A LIMITED PAYMENT PROCESSING INTERMEDIARY AND NOT AS A PRINCIPAL, AGENT, OR CONTRACTING PARTY WITH RESPECT TO ANY CHARTER, SERVICE, OR TRANSACTION. THE COMPANY HAS NO INVOLVEMENT IN, AND ASSUMES NO RESPONSIBILITY FOR, THE SUBSTANCE, PERFORMANCE, OR OUTCOME OF ANY TRANSACTION, AGREEMENT, INTERACTION, ACTIVITY, OR OCCURRENCE BETWEEN OR AMONG USERS OR ANY THIRD PARTIES.

2.3 The Company does not verify, endorse, guarantee, or warrant the accuracy, completeness, reliability, suitability, safety, legality, quality, or availability of any Content, listing, information, Third-Party Services, vessel, vendor, or any other matter presented on or through the Platform. Any reliance by any User on any Content or information obtained through the Platform is strictly at such User’s own risk.

2.4 The Company reserves the right, in its sole and absolute discretion, to modify, suspend, discontinue, or terminate the Platform or any portion thereof, at any time and without prior notice, and without liability to any User or third party.

3. ELIGIBILITY

3.1 The Platform is intended for use only by individuals who are at least eighteen (18) years of age and who possess the legal capacity to enter into binding agreements. By accessing or using the Platform, you represent and warrant that you are at least eighteen (18) years of age and have the legal authority to agree to these Terms.

3.2 If you are accessing or using the Platform on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, and all references to “you” or “User” shall include such entity.

4. USER ACCOUNTS

4.1 Certain features of the Platform may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.

4.2 The Company reserves the right, in its sole and absolute discretion, to suspend, disable, or terminate any User account at any time, for any reason or no reason, with or without notice, and without any liability to the User.

4A. PAYMENT TERMS

To the extent that the Platform facilitates payment processing for bookings, the following payment terms shall apply unless otherwise specified by the applicable Boat Owner/Operator or Vendor:

(a) A non-refundable deposit equal to fifty percent (50%) of the total booking price shall be required at the time of booking to confirm a reservation. No reservation shall be deemed confirmed until the applicable deposit has been received and processed by the Platform.

(b) The remaining balance of the total booking price shall be due and payable no later than seventy-two (72) hours prior to the scheduled charter date and time. Failure to remit the remaining balance within the required timeframe may result in cancellation of the reservation, forfeiture of the deposit, and release of the vessel for other bookings, in the sole discretion of the Company and the applicable Boat Owner/Operator.

(c) All payments processed through the Platform are collected by the Company solely as a payment processing intermediary on behalf of the applicable Boat Owner/Operator or Vendor. The Company does not guarantee the performance, delivery, or quality of any charter, service, or goods for which payment is collected. All payment obligations are between the Charterer and the applicable Boat Owner/Operator or Vendor, and the Company shall have no liability for any dispute arising from or related to the provision of any Third-Party Service.

(d) The Company reserves the right to utilize third-party payment processors to facilitate transactions on the Platform. By submitting payment through the Platform, you agree to the terms and conditions of any such third-party payment processor. The Company shall not be liable for any errors, delays, or failures in payment processing caused by any third-party payment processor.

4B. CANCELLATION AND REBOOKING

In the event that a Charterer wishes to cancel a confirmed reservation, the cancellation terms, including any applicable fees, penalties, or refund eligibility, shall be determined by the applicable Boat Owner/Operator and communicated to the Charterer at or prior to the time of booking. The Company shall not be responsible for, and makes no representations or warranties regarding, the cancellation policies of any Boat Owner/Operator. Charterers are solely responsible for reviewing and understanding the applicable cancellation terms prior to confirming any reservation.

In the event that a confirmed reservation cannot be fulfilled due to vessel unavailability caused by the Boat Owner/Operator, mechanical failure, safety concerns, or other operator-side circumstances, the Company shall use commercially reasonable efforts to arrange placement of the affected Charterer on a comparable replacement vessel, subject to availability. If a suitable replacement vessel cannot be arranged, or if the Charterer declines the proposed replacement, the Charterer shall be entitled to a refund of all amounts paid to the Company through the Platform for the affected booking. Such refund shall constitute the Charterer’s sole and exclusive remedy with respect to the unavailability of the originally booked vessel. The Company shall have no further liability to the Charterer in connection with any such cancellation or unavailability, including but not limited to any incidental, consequential, or other damages.

Notwithstanding the foregoing, the Company reserves the right, in its sole and absolute discretion, to cancel any reservation at any time due to safety concerns, adverse weather conditions, regulatory requirements, or any other reason the Company deems appropriate. In the event of a cancellation initiated by the Company under this provision, the affected Charterer shall be entitled to a refund of all amounts paid through the Platform for the affected booking, which refund shall constitute the Charterer’s sole and exclusive remedy.

5. USER CONDUCT AND RESPONSIBILITIES

5.1 By using the Platform, you agree that you shall not: (a) use the Platform for any unlawful, fraudulent, or unauthorized purpose; (b) post, upload, transmit, or otherwise make available any Content that is false, misleading, defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable; (c) impersonate any person or entity or misrepresent your affiliation with any person or entity; (d) interfere with or disrupt the operation of the Platform or any servers or networks connected thereto; (e) attempt to gain unauthorized access to any portion of the Platform, other User accounts, or any systems or networks connected to the Platform; (f) use any automated means, including bots, scrapers, or spiders, to access, collect, or extract data from the Platform; (g) transmit any viruses, malware, or other harmful code; (h) violate any applicable local, state, national, or international law or regulation; or (i) encourage or facilitate any of the foregoing.

5.2 Each User acknowledges and agrees that such User is solely responsible for: (a) evaluating and verifying the suitability, safety, legality, qualifications, licensing, insurance, and seaworthiness of any Boat Owner/Operator, vessel, Vendor, Charterer, or Third-Party Service; (b) conducting all due diligence, inspections, and inquiries that such User deems necessary or appropriate before entering into any transaction, agreement, or arrangement with any other User or third party; (c) ensuring compliance with all applicable federal, state, and local laws, regulations, ordinances, and requirements, including but not limited to those pertaining to maritime safety, vessel operation, licensing, insurance, food handling, alcohol service, and any other applicable regulatory requirements; and (d) obtaining any and all necessary permits, licenses, certifications, and insurance coverage.

6. INTELLECTUAL PROPERTY

6.1 All Content on the Platform, including but not limited to text, graphics, logos, trademarks, service marks, trade names, images, photographs, illustrations, audio, video, software, code, data compilations, page layout, underlying code, and the overall design and arrangement of the Platform (collectively, “Company IP”), is the exclusive property of She Said Sail LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. The name “She Said Sail,” the She Said Sail logo, and all related names, logos, product and service names, designs, and slogans are trademarks of She Said Sail LLC. You may not use such marks without the prior written permission of the Company.

6.2 These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal, non-commercial, informational purposes, subject to these Terms. You may not: (a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Company IP; (b) use any Company IP for any commercial purpose without the prior written consent of the Company; (c) remove, alter, or obscure any copyright, trademark, or other proprietary notices on any Company IP; or (d) reverse engineer, decompile, or disassemble any software or technology underlying the Platform.

6.3 To the extent that any User submits, posts, uploads, or otherwise provides any Content to the Platform (“User Content”), such User hereby grants to the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform such User Content in any media or format, whether now known or hereafter developed, for any purpose, including but not limited to marketing, advertising, and promotional purposes, without any obligation of compensation, attribution, or notice to the User.

6.4 Each User represents and warrants that such User owns or has all necessary rights, licenses, consents, and permissions to submit any User Content and to grant the license set forth in Section 6.3, and that such User Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or any other rights.

6.5 By participating in any charter, event, or activity booked or facilitated through the Platform, you acknowledge and agree that photographs, videos, audio recordings, and other media (“Charter Media”) may be captured during such charter, event, or activity by the Company, its representatives, or other participants. You hereby grant to the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable right and license to use, reproduce, modify, adapt, publish, distribute, display, and perform any Charter Media in which you appear, in any media or format, whether now known or hereafter developed, for any purpose, including but not limited to marketing, advertising, promotional, and social media purposes, without any obligation of compensation, attribution, prior approval, or notice to you. You hereby waive any and all claims, including but not limited to claims based on rights of privacy, rights of publicity, moral rights, or any other intellectual property rights, arising from or related to the Company’s use of any Charter Media in accordance with this Section.

7. DISCLAIMERS

7.1 THE PLATFORM, ALL CONTENT, AND ALL INFORMATIONAL SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, QUALITY, SAFETY, LEGALITY, AND QUIET ENJOYMENT.

7.2 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY CONTENT OR INFORMATION OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (D) ANY VESSEL, BOAT OWNER/OPERATOR, VENDOR, CHARTERER, OR THIRD-PARTY SERVICE LISTED ON OR REFERENCED THROUGH THE PLATFORM WILL BE SAFE, SUITABLE, QUALIFIED, LICENSED, INSURED, SEAWORTHY, OR IN COMPLIANCE WITH APPLICABLE LAWS; (E) ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED; OR (F) THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.3 THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY ACTS, OMISSIONS, CONDUCT, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, BREACH OF WARRANTY, VIOLATION OF LAW, OR ANY OTHER ACTION OR INACTION OF ANY BOAT OWNER/OPERATOR, VENDOR, CHARTERER, USER, OR ANY OTHER THIRD PARTY, WHETHER OR NOT SUCH PARTY IS LISTED ON, REFERENCED BY, OR CONNECTED THROUGH THE PLATFORM. THE COMPANY IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO: (A) THE CONDITION, SAFETY, SEAWORTHINESS, LEGALITY, OR SUITABILITY OF ANY VESSEL OR WATERCRAFT; (B) THE QUALIFICATIONS, LICENSING, CERTIFICATION, COMPETENCE, OR CONDUCT OF ANY CAPTAIN, CREW MEMBER, BOAT OWNER, OR OPERATOR; (C) THE QUALITY, SAFETY, LEGALITY, OR SUITABILITY OF ANY GOODS OR SERVICES PROVIDED BY ANY VENDOR; (D) ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER HARM ARISING FROM OR RELATED TO ANY BOATING ACTIVITY, CHARTER, EVENT, OR INTERACTION BETWEEN OR AMONG USERS OR THIRD PARTIES; (E) ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN OR AMONG USERS OR THIRD PARTIES; OR (F) ANY OTHER MATTER RELATED TO ANY THIRD-PARTY SERVICE OR ANY TRANSACTION OR INTERACTION FACILITATED OR REFERENCED THROUGH THE PLATFORM.

7.4 THE COMPANY DOES NOT ENDORSE, RECOMMEND, OR GUARANTEE ANY BOAT OWNER/OPERATOR, VENDOR, CHARTERER, VESSEL, SERVICE, PRODUCT, OR ANY OTHER MATTER LISTED ON OR REFERENCED THROUGH THE PLATFORM. ANY LISTING, REFERENCE, OR INCLUSION OF ANY THIRD PARTY ON THE PLATFORM SHALL NOT BE CONSTRUED AS AN ENDORSEMENT, RECOMMENDATION, OR GUARANTEE BY THE COMPANY.

7.5 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY RELIANCE ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE PLATFORM AND ANY INTERACTIONS, TRANSACTIONS, OR ACTIVITIES WITH ANY OTHER USER OR THIRD PARTY.

8. ASSUMPTION OF RISK

8.1 YOU ACKNOWLEDGE AND AGREE THAT BOATING, MARITIME ACTIVITIES, AND WATER-BASED ACTIVITIES ARE INHERENTLY DANGEROUS AND INVOLVE SIGNIFICANT RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF DROWNING, SERIOUS BODILY INJURY, DEATH, PROPERTY DAMAGE, AND EXPOSURE TO ADVERSE WEATHER CONDITIONS, ROUGH SEAS, MECHANICAL FAILURES, AND OTHER HAZARDS. YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH YOUR USE OF THE PLATFORM AND ANY ACTIVITIES, TRANSACTIONS, OR INTERACTIONS ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ALL RISKS ASSOCIATED WITH ANY BOATING ACTIVITY, CHARTER, EVENT, OR THIRD-PARTY SERVICE.

9. LIMITATION OF LIABILITY

9.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM; (B) ANY CONTENT OR INFORMATION OBTAINED FROM OR THROUGH THE PLATFORM; (C) ANY CONDUCT, ACTS, OR OMISSIONS OF ANY USER, BOAT OWNER/OPERATOR, VENDOR, CHARTERER, OR ANY OTHER THIRD PARTY; (D) ANY TRANSACTION, AGREEMENT, INTERACTION, OR ACTIVITY BETWEEN OR AMONG USERS OR THIRD PARTIES; (E) UNAUTHORIZED ACCESS TO, ALTERATION OF, OR LOSS OF YOUR DATA OR TRANSMISSIONS; (F) ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER; OR (G) ANY OTHER MATTER RELATED TO THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE) AND EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

9.3 THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9.4 CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH EVENT, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. INDEMNIFICATION

10.1 You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including but not limited to reasonable attorneys’ fees, court costs, and expert witness fees) arising out of or related to: (a) your access to or use of the Platform; (b) your violation of these Terms or any applicable law, regulation, or ordinance; (c) your User Content or any Content you submit, post, or transmit through the Platform; (d) your interaction, transaction, agreement, or dispute with any other User, Boat Owner/Operator, Vendor, Charterer, or third party; (e) any Third-Party Service obtained or arranged in connection with the Platform; (f) your negligence, willful misconduct, fraud, or misrepresentation; (g) your violation or infringement of any third party’s rights, including intellectual property rights, privacy rights, or publicity rights; (h) any personal injury, death, or property damage caused by or arising from your acts or omissions; or (i) any claim by any third party arising from or related to any of the foregoing.

10.2 The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with the Company in asserting any available defenses. You shall not settle any claim or matter subject to indemnification without the prior written consent of the Company. Your indemnification obligations under this Section 10 shall survive the termination or expiration of these Terms and your use of the Platform.

11. THIRD-PARTY LINKS, CONTENT, AND SERVICES

11.1 The Platform may contain links to third-party websites, applications, or resources, or may display, reference, or incorporate content, information, or materials provided by third parties. Such third-party links, content, and resources are provided solely for your convenience and informational purposes. The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices, or availability of any third-party websites, applications, or resources. The inclusion of any link or reference on the Platform does not imply endorsement, approval, or recommendation by the Company.

11.2 Your interactions with any third party, including any Boat Owner/Operator, Vendor, or Charterer, whether found on or through the Platform or otherwise, are solely between you and such third party. The Company shall not be responsible or liable for any loss, damage, injury, or other harm of any kind arising from or related to any such interaction, transaction, or dealing.

12. PRIVACY

12.1 Your use of the Platform is subject to the Company’s Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, storage, and disclosure of your information as described in the Privacy Policy. The Company reserves the right to modify the Privacy Policy at any time in its sole discretion.

13. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) COMPLIANCE

13.1 If you believe that any Content on the Platform infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Company’s designated copyright agent with the information required under 17 U.S.C. § 512(c)(3). The Company reserves the right to remove any Content alleged to be infringing without prior notice and without liability to any User.

14. MODIFICATIONS TO TERMS

14.1 The Company reserves the right, in its sole and absolute discretion, to modify, amend, supplement, or replace these Terms at any time and without prior notice. Any changes to these Terms will be effective immediately upon posting on the Platform. Your continued access to or use of the Platform after any such changes constitutes your acceptance of the modified Terms. It is your sole responsibility to review these Terms periodically for changes. If you do not agree to any modified Terms, you must immediately discontinue your use of the Platform.

15. TERMINATION

15.1 The Company may, in its sole and absolute discretion, suspend, restrict, or terminate your access to the Platform, or any portion thereof, at any time, for any reason or no reason, with or without cause, and with or without notice, and without any liability to you. Upon termination, all rights and licenses granted to you under these Terms shall immediately cease, and you shall immediately discontinue all use of the Platform.

15.2 The following provisions shall survive any termination or expiration of these Terms: Sections 6 (Payment Terms), 7 (Cancellation and Rebooking), 8 (Intellectual Property), 9 (Disclaimers), 10 (Assumption of Risk), 11 (Limitation of Liability), 12 (Indemnification), 18 (Governing Law), 19 (Dispute Resolution and Arbitration), 20 (Class Action Waiver), and all other provisions that by their nature are intended to survive termination.

16. GOVERNING LAW AND JURISDICTION

16.1 These Terms and any dispute, claim, or controversy arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. To the extent that any legal proceeding is permitted under these Terms (and is not required to be submitted to arbitration), you hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and you waive any objection based on inconvenient forum or lack of jurisdiction.

17. DISPUTE RESOLUTION AND BINDING ARBITRATION

17.1 PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

17.2 Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any transaction or relationship between you and the Company (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then-current Commercial Arbitration Rules, as modified by these Terms. The arbitration shall be conducted by a single arbitrator in Miami-Dade County, Florida. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, provided that the arbitrator shall not have the authority to award damages in excess of the limitations set forth in Section 9 of these Terms.

17.3 The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses of arbitration, including attorneys’ fees, unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party.

17.4 Notwithstanding the foregoing, the Company reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm, without the requirement of posting a bond or proving actual damages.

18. CLASS ACTION WAIVER

18.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM. YOU AND THE COMPANY AGREE THAT ANY DISPUTE SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO CONSOLIDATE CLAIMS OR TO PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

19. JURY TRIAL WAIVER

19.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM.

20. NO AGENCY, PARTNERSHIP, OR JOINT VENTURE

20.1 Nothing in these Terms or on the Platform shall be construed to create any agency, partnership, joint venture, employer-employee, franchisor-franchisee, or other similar relationship between the Company and any User, Boat Owner/Operator, Vendor, Charterer, or any other third party. No User has any authority to bind the Company or to make any representation or warranty on behalf of the Company. The Company is not an agent, representative, or broker of any User or third party.

21. FORCE MAJEURE

21.1 The Company shall not be liable for any failure or delay in performing its obligations under these Terms or in operating the Platform to the extent that such failure or delay results from any cause beyond the Company’s reasonable control, including but not limited to acts of God, natural disasters, hurricanes, tropical storms, flooding, fire, earthquake, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, strikes, government actions, embargoes, sanctions, power failures, internet or telecommunications failures, cyberattacks, or any other event beyond the Company’s reasonable control.

22. SEVERABILITY

22.1 If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties, or if such modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision in any particular jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

23. WAIVER

23.1 No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of the Company.

24. ENTIRE AGREEMENT

24.1 These Terms, together with the Privacy Policy and any other legal notices, policies, or agreements published by the Company on the Platform, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, with respect to such subject matter.

25. ASSIGNMENT

25.1 You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without notice to or consent from you, including but not limited to in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. Any attempted assignment in violation of this Section shall be null and void.

26. NOTICES

26.1 The Company may provide notices to you by posting on the Platform, by email to the address associated with your account, or by any other means the Company deems appropriate. You are responsible for ensuring that your contact information is current. Any notice provided by the Company shall be deemed given upon posting or sending. Notices to the Company must be sent in writing to: She Said Sail LLC, at the address listed on the Platform, or by email to the contact address designated on the Platform.

27. ELECTRONIC COMMUNICATIONS AND SIGNATURES

27.1 By using the Platform, you consent to receive electronic communications from the Company. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. You further agree that your electronic acceptance of these Terms constitutes a valid and binding agreement, equivalent to a handwritten signature.

28. HEADINGS

28.1 The section headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

29. CONSTRUCTION

29.1 These Terms shall not be construed against the Company merely because the Company drafted them. The language of these Terms shall be construed as to its fair meaning and not strictly for or against any party. The word “including” shall mean “including, without limitation.” References to “Sections” refer to sections of these Terms.

30. COMPLIANCE WITH LAWS

30.1 You agree to comply with all applicable federal, state, local, and international laws, statutes, regulations, and ordinances in connection with your use of the Platform, including but not limited to all applicable maritime laws, United States Coast Guard regulations, Florida boating safety laws, food safety regulations, alcohol beverage laws, and any other applicable regulatory requirements.

31. GEOGRAPHIC LIMITATIONS

31.1 The Platform and the Informational Services are intended for use in connection with boating and charter activities in the greater Miami, Florida area. The Company makes no representation that the Platform or any Content is appropriate or available for use in any other location. Users who access the Platform from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable local laws.

32. CONTACT INFORMATION

32.1 If you have any questions regarding these Terms, please contact:

She Said Sail LLC

A Florida Limited Liability Company

Email: hello@shesaidsail.com

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.