Underway App Terms and Conditions

1. Who provides Underway

Underway is provided by Antoine Meunier, referred to in these Terms as “we”, “us” or “our”.

For support, questions, complaints or legal claims, contact:

Antoine Meunier 718-333 Brooksbank Ave North Vancouver, BC V7J 3V8 Canada Email: support@underwayboating.com Phone: +1 604 364 9595

Email support · Call support

2. Who may use the app

Underway is not directed to children under 13. You must be at least 13 to use it. If you are below the age at which you can enter a binding agreement where you live, a parent or legal guardian must review and agree to these Terms and authorise your use. Purchases require the authorisation required by the relevant app store and applicable law.

3. Your licence and permitted use

We grant you a limited, non-exclusive licence to install and use the app on compatible devices you own or control, subject to these Terms and the applicable app-store usage rules. The app is licensed to you; ownership of its software and branding is not transferred.

You must use the app lawfully. You must not resell the app, distribute unauthorised copies, bypass purchase or security controls, disrupt our services, or access another person's information without permission. Restrictions on copying, modification or reverse engineering do not apply where applicable law or an applicable open-source licence permits those activities.

We or the relevant licensors retain the intellectual-property rights in the software, branding and third-party materials. Open-source components and licensed datasets remain subject to their respective licences.

4. Boating and safety

Underway is a tool for recording and reviewing boating journeys. Its maps, recorded tracks, regional marine information, predictions and notifications may contain errors, omissions or outdated information.

Do not use Underway as your sole source for navigation, collision avoidance, weather decisions or emergency assistance. Use appropriate official charts, current notices and forecasts, onboard instruments, communications equipment and your own observations. A recorded track does not establish that a route is safe to follow.

You remain responsible for operating your vessel safely, maintaining a proper lookout and complying with applicable boating requirements. Use your phone only when it is safe to do so. Underway does not provide an emergency-response or rescue-monitoring service.

We do not represent that Underway is an approved replacement for any legally required vessel logbook or other record. Keep required records separately unless the responsible authority has expressly accepted the relevant use.

5. Recording accuracy and local data

Recording depends on your device, location permissions, battery, operating-system settings and available positioning data. Records may be incomplete, inaccurate or interrupted. Automatic arrival detection, where available, may end a recording too early or too late. Review your journeys and correct errors before relying on or sharing them.

The app stores your logbook on your device first. Uninstalling the app, resetting it, losing or damaging the device, or a storage failure may cause data loss. Keep separate copies of records you need, using the export functions available in your version.

Do not assume that a purchase, a problem report or an internet connection creates a recoverable backup. A problem report sent to support is not a logbook-restoration service. Any separately offered backup service will be described before you enable it.

6. Your records and summary drafts

You retain your rights in your journey records, tracks, notes and other content you provide. You must have permission to submit or share content that includes another person's protected information or intellectual property.

When you choose a feature that sends content to us, you authorise the processing needed to provide that feature, with our service providers as described in the App Privacy Policy. These Terms do not authorise us to publish your private logbook or use it for advertising.

AI-generated journey summaries may contain errors or unsupported details. Review them before relying on or sharing them. They do not establish what happened aboard your vessel.

7. Privacy and permissions

The Underway App Privacy Policy explains what information is stored, transmitted and retained, the service providers involved, and your privacy choices and rights.

Accepting these Terms does not replace any separate permission, disclosure or consent required for location access, notifications or other processing. Declining or revoking a permission may limit the features that depend on it.

Read the App Privacy Policy

8. Third-party information and services

Some features use information or services supplied by other providers. Coverage, accuracy and availability vary by location and may change or be interrupted. Downloading data may use mobile data, storage and battery; your network provider may charge you.

You must comply with third-party agreements that apply to your use, including your wireless-service agreement. Relevant attribution and licence notices apply to third-party software, maps and geographic data. Nothing in these Terms removes rights granted by those licences.

9. Purchases and subscriptions

This section applies only if your version offers paid access. It does not mean that subscriptions or other purchases are available in every version or country.

Before purchase, the app will identify the included features, price and currency, billing period, renewal terms, any trial or introductory offer, and relevant limits. The purchase confirmation identifies what you are buying. For an auto-renewing subscription, the relevant store charges your payment method and renews access for successive billing periods unless you cancel according to its rules.

Using a free recording allowance does not automatically start a paid subscription. A purchase requires your confirmation through the relevant store.

A lifetime Pro purchase is a one-time payment for continued access to Underway Pro without recurring subscription charges. It includes logbook synchronization when that Pro feature becomes available. The service-change and discontinuation provisions below still apply, subject to your statutory rights.

A trial or introductory offer converts to the paid subscription shown before purchase unless you cancel in time. Eligibility and timing depend on the offer and store. For Apple trials, cancel at least 24 hours before the trial ends to avoid renewal. For Google Play offers, cancel before the trial or offer expires.

Manage or cancel Apple purchases through your Apple Account subscription settings. Manage or cancel Google Play purchases through Google Play subscriptions. Use the store account used for the purchase. Deleting the app does not cancel a subscription.

Cancellation normally stops future renewal while paid access continues until the end of the paid period. Trial access may end earlier under the store's rules. Refunds and any immediate-cancellation rights remain subject to applicable law and the relevant store's procedures. These Terms do not exclude statutory refund rights.

Price changes will follow the store's notification and consent requirements and applicable law. We will not charge a new price merely because these Terms change.

Restoring an eligible purchase restores paid access; it does not restore a locally stored logbook. Availability on another platform or store account will be stated in the offer. Do not assume that an iOS purchase automatically transfers to Android, or vice versa.

10. Changes and ending use

We may release updates or change features to address technical, security or legal requirements. Some updates may require a newer operating system. We will not materially reduce paid benefits during a period already paid for without providing the remedy required by applicable law or the relevant store.

We may suspend or terminate access to our online services for a material breach of these Terms, fraud, service abuse, or a security or legal requirement. Where reasonably possible, we will explain the reason and allow you to resolve it. Immediate action may be necessary to prevent harm or comply with law.

If we discontinue a paid service, we will give reasonable notice where possible and provide any refund or other remedy required by law or the store. Ending service access does not give us permission to erase your local logbook.

You can stop using the app at any time. Export records you need before uninstalling it. Cancel any subscription separately through the relevant store.

If we materially change these Terms, we will notify you in the app or by another appropriate method before the change takes effect, except where an immediate change is required by law or security. We will obtain renewed acceptance where required. Changes do not remove rights that have already accrued.

11. Warranties

We will provide the app and services with the care and skill required by applicable law. Subject to rights that cannot legally be excluded, we do not guarantee that recording, predictions, notifications or online services will always be accurate, available, uninterrupted or free from errors.

To the extent permitted by law, the app and related information are provided “as is” and “as available”, without additional implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Nothing in these Terms excludes a warranty, consumer guarantee or remedy that the law does not allow us to exclude.

12. Liability

To the extent permitted by law, we are not liable for indirect or consequential losses, such as lost profit or business interruption, arising from use of the app.

To the extent permitted by law, our total liability arising from the app and related services is limited to the greater of CAD 100 or the amount you paid for Underway during the 12 months immediately before the event giving rise to the claim.

These exclusions and limits do not apply to fraud, deliberate misconduct, death or personal injury caused by negligence, or any liability that applicable law does not allow us to exclude or limit. They do not remove mandatory consumer, privacy or refund rights.

13. Governing law and disputes

Subject to mandatory rights under the laws where you live, these Terms are governed by the laws of British Columbia and the applicable federal laws of Canada.

You may contact us to try to resolve a dispute. This does not prevent you from using a court, regulator or other remedy available under applicable law. These Terms do not require arbitration or waive any right to bring a collective claim that applicable law protects.

If a provision cannot be enforced, the remaining provisions continue to apply to the extent permitted by law.

14. Additional terms for Apple downloads

You and we agree that this agreement is between you and us. Apple is not a party. We alone are responsible for the app and content. We provide required maintenance and support; Apple has no obligation to provide either.

Your licence is non-transferable and covers Apple devices you own or control under Apple's Usage Rules, including permitted Family Sharing, volume purchasing and Legacy Contacts. No usage restriction overrides the applicable Apple Media Services or Volume Content Terms.

We are responsible for applicable warranties. If the app breaches one, notify Apple, which will refund its purchase price. Where legally permitted, Apple has no further warranty liability; remaining warranty-related claims, losses and costs are our responsibility.

We alone address product-liability, regulatory, consumer and privacy claims concerning the app or your use. We alone investigate, defend, settle and satisfy third-party intellectual-property claims.

You warrant that you are outside US-embargoed or US-designated terrorist-supporting regions and are not on US prohibited or restricted-party lists.

You and we agree that Apple and its subsidiaries are third-party beneficiaries entitled to enforce this agreement. They are deemed to accept that right when you accept it.