OpSkipper Terms of Service

Agreement to Terms

By accessing and using OpSkipper (“we,” “our,” or “us”), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

Service Description

OpSkipper is a comprehensive crew scheduling and management platform designed specifically for boat tour companies. Our service includes:

Core Features (All Plans):

  • Crew scheduling and assignment management
  • Time-off request processing
  • Basic qualification tracking
  • Trip log documentation
  • Real-time scheduling tools

Premium Features (Paid Plans):

  • Advanced qualification and certification tracking
  • Fleet management and maintenance tracking
  • USCG compliance monitoring and reporting
  • Advanced analytics and reporting
  • Priority customer support
  • Extended data retention
  • API access and integrations

Account Types and Service Levels

Free Accounts

  • Purpose: Trial and basic crew scheduling for small operations
  • Limitations:
    • Limited number of active crew members
    • Limited monthly trips
    • Basic reporting only
    • Community support only
    • Limited data retention for historical data
    • No API access
    • Limited integrations
  • Professional Plan: Advanced features for growing tour companies
  • Enterprise Plan: Full-featured solution with priority support
  • Benefits:
    • Expanded or unlimited crew members, vessels, locations, and trips
    • Advanced compliance monitoring
    • Full reporting and analytics
    • Priority email and phone support
    • Extended data retention

Free Trial Accounts

  • Duration: Limited trial period
  • Features: Full access to all paid features
  • Purpose: Evaluate complete platform capabilities
  • Automatic Conversion: Trial expires or converts to paid subscription

Free Trial Terms

Trial Eligibility

  • Available to new users who haven’t previously used OpSkipper
  • One trial per organization
  • Valid business email required for verification

Trial Period

  • Duration: Limited trial period from account creation
  • Full Access: Complete access to all paid features during trial
  • Data Collection: Same data practices as paid accounts
  • Support: Full support during trial period

Trial Conversion

  • Automatic Upgrade: Payment method may be required to start trial
  • Trial Expiration: Account downgrades to free plan or suspends if not converted
  • Data Preservation: All trial data preserved upon conversion to paid plan
  • No Commitment: Cancel anytime during trial without charges

Trial Limitations

  • One active trial per organization
  • No multiple trial attempts
  • Trial accounts subject to same terms as paid accounts
  • Data may be deleted if trial expires without conversion

Subscription Terms

Billing and Payment

Payment Methods

  • Credit cards (Visa, MasterCard, American Express)
  • ACH bank transfers (for Enterprise accounts)
  • Purchase orders (for Enterprise accounts)

Billing Cycles

  • Monthly: Billed monthly in advance
  • Annual: Billed annually in advance with discount
  • Enterprise: Custom billing cycles available

Payment Terms

  • Payments due in advance of service period
  • Failed payments result in service suspension after grace period
  • Late fees may apply on overdue balances
  • All fees are non-refundable except as specified in refund policy

Subscription Fees

Professional Plan

  • Pricing: See current pricing on our website
  • Billing Options: Monthly or annual billing available
  • User Limits: May include per-user fees above certain thresholds

Enterprise Plan

  • Custom Pricing: Based on organization size and requirements
  • Includes: Priority support, custom integrations, white-label options
  • User Pricing: Custom per-user pricing available

Price Changes

  • Advance notice provided for price increases
  • Existing subscriptions continue at current rates until renewal
  • Significant feature additions may result in price adjustments

Refund Policy

Trial Refunds

  • Refund available if canceled within specified trial period
  • Refund eligibility based on trial usage
  • Refunds processed within 5-10 business days

Subscription Refunds

  • Money-Back Guarantee: Limited refund period for new paid subscriptions
  • Service Credits: Pro-rated credits for service outages exceeding uptime guarantee
  • No Refunds For:
    • Partial service periods
    • Account cancellations after refund period
    • Feature usage (even if underutilized)
    • Third-party integration costs

Refund Processing

  • Refunds processed to original payment method
  • Processing time: 5-10 business days
  • Refund amounts exclude any promotional credits or discounts

Account Management

Account Creation and Setup

  • Valid business email required
  • Organization verification for multi-user accounts
  • Account setup assistance provided for paid subscribers

User Roles and Permissions

  • Owner/Administrator: Full account control, billing management
  • Captain: Trip management, crew oversight
  • Crew Member: Schedule viewing, time-off requests
  • Billing Manager: Subscription and payment management

Account Security

  • Two-factor authentication (2FA) recommended
  • Strong password requirements
  • Session timeout after period of inactivity
  • IP restrictions available for Enterprise accounts

Service Availability and Support

Service Level Agreement (SLA)

Free Accounts

  • Uptime: Best effort (no guaranteed uptime)
  • Support: Community forum and documentation only
  • Response Time: No guaranteed response times
  • Uptime Guarantee: High availability guarantee (excluding scheduled maintenance)
  • Support Hours: Business hours support
  • Response Times: Priority response based on plan level

Enterprise Accounts

  • Uptime Guarantee: Highest availability guarantee
  • Support Hours: Extended or 24/7 support available
  • Response Times: Fastest response times for critical issues

Scheduled Maintenance

  • Announced in advance when possible
  • Performed during off-peak hours
  • Emergency maintenance may occur without notice

Data Backup and Recovery

  • Free Accounts: Basic backups
  • Paid Accounts: Regular backups with faster recovery
  • Enterprise: Enhanced backup and recovery options

Account Suspension and Termination

Suspension

We may suspend your account temporarily for:

  • Non-payment of subscription fees
  • Violation of these Terms
  • Security concerns or suspicious activity
  • Legal requirements

Termination by User

  • Free Accounts: Delete account anytime through settings
  • Paid Accounts: Cancel subscription anytime, service continues until period ends
  • Data Export: Window provided to export data after cancellation

Termination by OpSkipper

We may terminate your account for:

  • Material breach of these Terms
  • Illegal activity
  • Extended non-payment
  • Business discontinuation

Post-Termination

  • Data Retention: Limited retention period based on account type
  • Data Deletion: Complete deletion after retention period
  • Re-activation: May be available within retention period

Data and Privacy

Data Ownership

  • You retain ownership of your data
  • We maintain operational data for service provision
  • Data portability available upon request

Data Security

  • SOC 2 compliant infrastructure
  • AES-256 encryption at rest and in transit
  • Regular security audits and penetration testing
  • GDPR and CCPA compliance (in progress)

Data Backup

  • Free: Regular backups
  • Paid: More frequent backups
  • Enterprise: Continuous replication available

Prohibited Uses

You may not:

  • Use the service for any illegal purpose
  • Share account credentials with unauthorized users
  • Attempt to reverse engineer or hack the service
  • Upload malicious code or viruses
  • Violate maritime safety regulations
  • Use the service to harass or discriminate
  • Exceed fair usage limits
  • Resell or redistribute the service

Intellectual Property

Our Rights

  • OpSkipper platform and branding are our intellectual property
  • All rights reserved
  • No implied licenses granted

Your Rights

  • You retain ownership of your data and content
  • Limited license to use the service as described in these Terms
  • May not transfer or sublicense your account

Warranties and Disclaimers

Service Warranty

We warrant that:

  • The service will perform as described
  • We have the right to provide the service
  • The service will be free from material defects

Disclaimers

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Maritime Operations Disclaimer

  • OpSkipper is a scheduling tool only
  • Does not provide maritime navigation or safety advice
  • Users responsible for compliance with all maritime laws
  • Not liable for scheduling errors or operational incidents

Limitation of Liability

General Limitation

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

Excluded Damages

WE ARE NOT LIABLE FOR:

  • Indirect, incidental, or consequential damages
  • Loss of profits, data, or business opportunities
  • Service interruptions or data loss
  • Third-party claims or actions
  • Force majeure events

Indemnification

You agree to indemnify and hold harmless OpSkipper from any claims arising from:

  • Your use of the service
  • Your violation of these Terms
  • Your violation of applicable laws
  • Claims by third parties related to your content or actions

Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of laws principles. Any disputes shall be resolved in the courts of Palm Beach County, Florida.

Dispute Resolution

Informal Resolution

Contact our support team at deckhand@opskipper.com for dispute resolution.

Mediation

If informal resolution fails, parties agree to non-binding mediation.

Arbitration

Any unresolved disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be:

  • Notified via email in advance
  • Posted on our website with change highlights
  • Effective after notification period

Contact Information

Email: deckhand@opskipper.com
Phone: Available for Enterprise customers
Support Hours: Business hours for Professional, extended hours for Enterprise

Entire Agreement

These Terms constitute the entire agreement between you and OpSkipper regarding the service and supersede all prior agreements.