Agreement to Our Legal Terms
We are ULADZISLAU DZIARKACH SYSTEMS("Company", "we", "us", or "our"), a sole proprietorship registered in Poland at ul. Obrońców Wybrzeża 17, lok. 902, 80-398 Gdańsk, Pomeranian Voivodeship. Our VAT number is PL5842868641.
We operate the website https://handoverboat.com(the "Site"), the mobile web application HandoverBoatdelivered as a Progressive Web Application (the "App"), as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").
HandoverBoat is a mobile web application that helps yacht charter renters document the condition of a vessel before departure and after return. Users follow a guided inspection checklist across 27 vessel zones, take timestamped photos and record existing defects. Upon completing the inspection, users can purchase a one-time PDF report (€19) that includes all photos, timestamps, optional geolocation data, and a before/after comparison for the return inspection.
You can contact us by:
- Phone: +48 512 303 019
- Email: info@handoverboat.com
- Mail: ul. Obrońców Wybrzeża 17, lok. 902, 80-398 Gdańsk, Poland
These Legal Terms constitute a legally binding agreement made between you and ULADZISLAU DZIARKACH SYSTEMS, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Mandatory consumer protection law. If you are a consumer residing in the European Union, the United Kingdom, or another jurisdiction whose consumer protection law applies to you, mandatory provisions of that law take precedence over any conflicting provisions of these Legal Terms.
Table of Contents
- Our Services
- Intellectual Property Rights
- User Representations
- User Registration
- Products
- Purchases, Payment and VAT
- Refunds Policy and Right of Withdrawal
- Prohibited Activities
- User Generated Contributions
- Contribution Licence
- Mobile Application Licence
- Third-Party Authentication
- Third-Party Websites and Content
- Services Management
- Privacy Policy
- Data Retention and Account Deletion
- Geolocation Data
- Copyright Infringements
- Term and Termination
- Modifications and Interruptions
- Governing Law
- Dispute Resolution
- Corrections
- Disclaimer
- Limitation of Liability
- Indemnification
- User Data
- Electronic Communications
- Inspection Reports — No Legal Guarantee
- Data Loss Disclaimer
- Contact Us
Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.). You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws in Poland, the European Union, the United States, and around the world.
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Your submissions and contributions
Submissions:By directly sending us any question, comment, suggestion, idea, or feedback about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission.
Contributions:The Services allow you to upload, store, and process content and materials, including photographs of the vessel, defect descriptions, and notes ("Contributions"). You retain full ownership of all your Contributions. The licence you grant us is set out in Section 10 and is strictly limited to the purposes of providing the Services to you.
You are solely responsible for your Submissions and/or Contributions and expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
User Representations
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you have the legal capacity and you agree to comply with these Legal Terms; (3) you are not a minor in the jurisdiction in which you reside and you are at least 18 years old; (4) you will not access the Services through automated or non-human means; (5) you will not use the Services for any illegal or unauthorised purpose; and (6) your use of the Services will not violate any applicable law or regulation.
User Registration
You may use most of the Services without creating an account. Account registration (via Google OAuth or email one-time password) is required only for: (a) recovering an inspection from a different device, and (b) accessing the return inspection feature after the rental period has started. You agree to keep your authentication credentials confidential and will be responsible for all use of your account.
Products
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
The current product offering consists of a one-time Premium Report for €19, which includes: a full pre-rental PDF report without watermark, email delivery to the address(es) you specify, browser download, an option to send the report to your charter company, access to the return inspection feature for the same rental, and a final return inspection PDF with before/after comparison.
Where you have purchased a Premium Report, we will continue to make the return inspection feature available to you for a minimum of twelve (12) months from the date of payment, even if we discontinue or modify the product offering for new customers.
Purchases, Payment and VAT
We accept Visa, Mastercard, American Express, Apple Pay, and Google Pay, processed through our payment provider.
Currency and VAT. All prices are quoted in Euros (EUR) and shown as the final gross amount you will be charged at checkout, inclusive of Value Added Tax (VAT) where applicable. The VAT rate is determined by the consumer's country of residence within the European Union, in accordance with the EU VAT One-Stop Shop (OSS) rules.
Payment processor. Payments are processed by Stripe Payments Europe Limited (registered in Ireland). We do not store your full payment card details. By making a payment via the Services, you authorise Stripe to charge your chosen payment method. Your use of Stripe is also governed by Stripe's terms of service and privacy policy.
Refunds Policy and Right of Withdrawal
7.1 Statutory right of withdrawal and its waiver
If you are a consumer residing in the European Union, you have a statutory right to withdraw from a distance contract within fourteen (14) days without giving any reason, under Article 27 of the Polish Consumer Rights Act (and the equivalent provisions implementing Directive 2011/83/EU in other EU Member States).
However, in accordance with Article 38(13) of the Polish Consumer Rights Act and Article 16(m) of Directive 2011/83/EU, this right of withdrawal does not apply to the supply of digital content not on a tangible medium if performance has begun with your prior express consent and your acknowledgement that you thereby lose your right of withdrawal.
By ticking the relevant checkbox at checkout and proceeding to purchase the Premium Report, you (a) expressly request immediate performance of the contract and (b) acknowledge that you lose your statutory right of withdrawal once the Premium Report has been generated and made available to you for download. We record your consent (timestamp and IP address) as evidence of this acknowledgement.
7.2 Exceptional refunds
Notwithstanding the waiver above, we will provide a full refund in the following cases:
- (a) Technical errors that prevent the generation or delivery of the Premium Report;
- (b) Duplicate charges for the same transaction;
- (c) Cancellation of your charter booking prior to handover, with reasonable evidence of cancellation.
Refund requests must be submitted to info@handoverboat.com within fourteen (14) days of purchase. We aim to respond within 24 hours and process approved refunds within seven (7) business days via the original payment method.
7.3 Non-EU consumers
If you reside outside the European Union, the above statutory right of withdrawal does not apply. The exceptional refund cases listed in Section 7.2 remain available to you on the same terms.
Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create a database without written permission from us.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit viruses, Trojan horses, or other malicious material.
- Engage in any automated use of the system, such as using scripts to send comments or messages.
- Attempt to impersonate another user or person.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Use the Services as part of any effort to compete with us or otherwise use the Services for any revenue-generating endeavour.
- Upload photographs that misrepresent the condition of a vessel or that are intended to create a fraudulent inspection record.
- Upload photographs containing images of identifiable third parties without their consent. You are solely responsible for obtaining all necessary consents, releases, and permissions in respect of any person identifiable in your Contributions.
- Use the Services or the Premium Report to harass, defame, or pursue unjustified claims against any charter company or other third party.
User Generated Contributions
The Services allow you to upload, store, and process Contributions. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
- You are the creator and owner of, or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us to use your Contributions.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions. You are solely responsible for obtaining such consents and bear all liability arising from their absence.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions do not violate any applicable law, regulation, or rule.
Contribution Licence
By uploading Contributions to the Services, you grant us a limited, non-exclusive, royalty-free, worldwide licence to host, store, process, transmit, display, and reproduce your Contributions solely for the purposes of providing the Services to you, including generating your Premium Report, delivering it to email addresses you designate, enabling the return inspection feature, and retaining your data for the storage period set out in Section 16.
You retain full ownership of all your Contributions. We will not sell, license, sublicense, or transfer your Contributions to any third party for any other purpose without your explicit consent. We will not use your Contributions for marketing, advertising, or training of machine learning models.
Mobile Application Licence
HandoverBoat is currently delivered as a Progressive Web Application (PWA) accessible through standard web browsers, and may in the future be made available through the Apple App Store and/or Google Play. If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with the terms and conditions of this mobile application licence.
Third-Party Authentication and Social Media
The Services allow you to sign in using your Google account or by means of a one-time password sent to your email address. When you sign in via Google, we receive limited identity information from Google (email address, profile name) solely for authentication purposes. We do not access your Google contacts, calendars, Drive, or any other Google services data. Your interaction with Google's services is governed by Google's terms of service and privacy policy.
Third-Party Websites and Content
The Services may contain links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties. Such Third-Party Websites and content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services. If you decide to leave the Services and access Third-Party Websites, you do so at your own risk.
Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.
Privacy Policy
We care about data privacy and security. Our processing of your personal data is governed by our Privacy Policy, available at handoverboat.com/privacy-policy, which is incorporated into these Legal Terms by reference. By using the Services, you agree to be bound by our Privacy Policy.
Your data protection rights.If you are a resident of the European Union, you have rights including the right of access, rectification, erasure ("right to be forgotten"), restriction of processing, data portability, objection to processing, and the right to lodge a complaint with the supervisory authority. In Poland, the supervisory authority is the Prezes Urzędu Ochrony Danych Osobowych (UODO), www.uodo.gov.pl. To exercise any of these rights, please contact us at info@handoverboat.com.
Data Retention and Account Deletion
16.1 Retention periods
- Inspection data and Premium Reports (photos, defect entries, generated PDFs): minimum 12 months following the date of payment.
- Account data (email address, OAuth identity): retained while your account remains active, plus six (6) months after the last activity.
- Payment records and invoices: five (5) years as required by Polish tax and accounting law (Article 86 of the Polish Tax Ordinance).
- Server logs and analytics data: up to thirteen (13) months.
16.2 Account and data deletion
You may request deletion of your account and all associated personal data at any time by contacting info@handoverboat.com. We will process such requests within thirty (30) days, in accordance with Article 17 of the GDPR (the "right to be forgotten").
Geolocation Data
The Services include an optional geolocation feature that records the GPS coordinates of your device at the moment each photograph is taken. Geolocation is collected only with your explicit consent, requested at the start of each inspection through your browser's standard permissions dialog. You may decline the geolocation request — the Services will function normally and the Premium Report will indicate "Geolocation not provided" in lieu of coordinates. You may revoke geolocation permission at any time through your browser settings.
Geolocation data is processed solely for the purpose of strengthening the evidentiary value of your Premium Report. The legal basis for processing your geolocation data under the GDPR is your explicit consent (Article 6(1)(a) GDPR).
Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us using the contact information provided in Section 31.
Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING, IN OUR SOLE DISCRETION.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, save where such modification constitutes a material breach of our obligations to you as a paying customer in respect of the Premium Report you have already purchased.
Governing Law
These Legal Terms are governed by and interpreted following the laws of Poland, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by mandatory provisions of the law in your country of residence. ULADZISLAU DZIARKACH SYSTEMS and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Pomeranian Voivodeship, Poland.
Dispute Resolution
22.1 EU Online Dispute Resolution
If you are a consumer residing in the European Union, you may submit any dispute arising from your use of the Services to the European Commission's Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr
You may also contact us directly at info@handoverboat.com before initiating any formal proceedings.
22.2 Polish consumer protection bodies
Consumers in Poland may additionally seek free assistance from Federacja Konsumentów (Polish Federation of Consumers) or local consumer ombudsmen in your municipality.
Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Nothing in this Section limits or excludes any warranties or rights that cannot be excluded under mandatory consumer protection law applicable to you.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT YOU ACTUALLY PAID TO US FOR THE PREMIUM REPORT GIVING RISE TO THE CLAIM, OR (B) THE THEN-CURRENT PRICE OF THE PREMIUM REPORT (€19 AT THE DATE OF THESE LEGAL TERMS).
Nothing in these Legal Terms limits or excludes our liability for:
- (a) death or personal injury caused by our gross negligence or wilful misconduct;
- (b) fraud or fraudulent misrepresentation; or
- (c) any other liability that cannot be limited or excluded under mandatory consumer protection law.
Indemnification
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) your violation of the rights of a third party, including intellectual property rights and rights of privacy or publicity (including any photographs of identifiable third parties uploaded by you without their consent); or (5) any overt harmful act toward any other user of the Services.
User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
Electronic Communications, Transactions and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
Inspection Reports — No Legal Guarantee
29.1 Nature of the Premium Report
The Premium Report (and any preview thereof) is a structured photographic record created solely by you, the user, using the guided inspection flow provided by the Services. It is:
- not a marine survey conducted by a qualified surveyor;
- not an inspection certified by a classification society or maritime authority;
- not a legal document, expert opinion, or piece of legal advice;
- not independently verified, certified, audited, or endorsed by us.
29.2 Evidentiary value
The evidentiary value of any Premium Report is determined exclusively by: the applicable law of the relevant jurisdiction; the terms of the rental agreement between you and the charter company; and the discretion of the relevant authority deciding the matter. We make no representation, warranty, or guarantee that any Premium Report will be accepted as evidence by any charter company, insurer, court, or arbitrator, or that it will be sufficient on its own to recover any deposit, damages, or other amounts you may seek.
29.3 No guarantee of deposit return
You acknowledge and agree that the Premium Report does not guarantee the return of your charter deposit or any portion thereof.
29.4 Recommendation to seek legal advice
For any significant dispute, particularly disputes involving substantial sums of money or potential legal proceedings, we strongly recommend that you consult an attorney qualified in the relevant jurisdiction before relying on the Premium Report as evidence.
29.5 Marketing communications
Any statements in our marketing materials about the ability of the Premium Report to "protect your deposit" or "help you in disputes" are intended as general descriptions of the purpose of the Services and do not constitute warranties, guarantees, or assurances of any particular outcome. The provisions of this Section 29 prevail over any such marketing statements.
Data Loss Disclaimer
30.1 Data stored locally in your browser (pre-payment)
The Services use localStorage and IndexedDB features of your web browser to save the progress of your inspection in real time. This means that, prior to purchase, your inspection data resides exclusively on your device. We are not liable for the loss of inspection data prior to purchase resulting from clearing your browser cache, changing devices, accidental deletion, browser updates, or use of private/incognito browsing modes.
To reduce this risk, we provide an optional recovery email feature on the preview page. We strongly recommend using this feature.
30.2 Data stored on our servers (post-payment)
Once you have purchased a Premium Report, your inspection data, photographs, and generated PDF are stored on our servers for the retention period set out in Section 16. We strongly recommend that you download and store your Premium Report PDF locally immediately after purchase.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
ULADZISLAU DZIARKACH SYSTEMS
ul. Obrońców Wybrzeża 17, lok. 90280-398 Gdańsk, Pomeranian Voivodeship
Poland
VAT Number: PL5842868641
General inquiries and support: info@handoverboat.com
Privacy and data protection: info@handoverboat.com
Copyright infringement notifications: info@handoverboat.com
Phone: +48 512 303 019
EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr