LEGAL

General Usage, License & Installation Terms (GULIT)

This website version of the General Usage, License & Installation Terms (GULIT) is provided for information purposes only. In the event of any conflict, inconsistency, or omission, the version delivered with the software, firmware, or device shall prevail and be legally binding.

Safety License Restrictions Hardware Installer Liability Law

1. Safety & Operational Responsibility

The Smarter.Yachts system (the “System”) shall only be installed, configured, commissioned, and operated by qualified and competent personnel, particularly when interfacing with electrical systems, including but not limited to 110V / 230V AC installations.

All system components, including relays, wiring, connectors, switches, actuators, power supplies, and communication interfaces, must be regularly inspected, maintained, and kept in proper working condition in accordance with good marine practice.

All hardware components must be installed in a manner appropriate for the intended operating environment, including adequate protection against moisture, water ingress, salt exposure, corrosion, vibration, mechanical stress, and temperature extremes. Improper installation or insufficient environmental protection may lead to malfunction or failure and shall be the sole responsibility of the installer and/or operator.

The System may require adequate and reliable network connectivity, including access to a Wi-Fi network and, where applicable, internet access, for proper operation, communication, remote functionality, updates, and integration with external services.

The user is solely responsible for ensuring that such network connectivity is available, stable, and secure at all times.

APASWISS AG shall not be responsible or liable for any limitations, interruptions, delays, malfunctions, or failures of the System resulting from insufficient, unstable, or unavailable network connectivity, including failures of local networks, internet service providers, routers, access points, or third-party infrastructure.

Certain features or services may depend on external systems, cloud services, or third-party providers, which are outside the control of APASWISS AG and may be modified, limited, or discontinued at any time.

The operator retains full and sole responsibility for the supervision and safe operation of all connected equipment, including but not limited to gangways, windlasses, tender lifts, valves, compressors, pumps, lights, and switching devices. Remote control functionality does not replace watchkeeping, observation, seamanship, or general safety obligations.

The System is provided strictly as auxiliary control equipment only and must not be relied upon as a primary or sole safety system. The System does not replace any legally required, certified, or mandatory safety equipment or procedures.

The user acknowledges that no reliance is placed on the System for safety-critical functions.

The System relies on electronic components, sensors, wireless communication, external networks, power supply stability, and software logic, all of which may fail, become unavailable, be delayed, produce inaccurate information, or behave unexpectedly. APASWISS AG does not guarantee uninterrupted, error-free, fail-safe, or continuously available operation.

Environmental conditions and external influences, including but not limited to humidity, salt, corrosion, vibration, shock, temperature, electromagnetic interference, unstable voltage, low battery conditions, defective third-party equipment, poor installation, or other external factors may adversely affect performance.

The operator must at all times ensure that no persons, objects, lines, ropes, tenders, or obstructions are within the operating range of any controlled equipment.

The operator must at all times remain capable of stopping the connected equipment manually and of using independent emergency stop mechanisms where available.

Responsibility for verifying correct operation after installation, after maintenance, after configuration changes, after software or firmware updates, and prior to each use lies solely with the installer and/or operator.

APASWISS AG shall not be liable for any damage, injury, loss, delay, malfunction, or unsafe condition resulting from improper installation, incorrect wiring, unsuitable integration, operator error, misuse, failure to supervise, operation outside specifications, unauthorized modification, inadequate maintenance, or failure to follow the installation and operating instructions.

2. Software License & Intellectual Property

All rights, title, and interest in and to the firmware, software, binaries, web interfaces, configuration logic, communication protocols, documentation, and related intellectual property owned by or licensed to APASWISS AG remain with APASWISS AG or its respective licensors.

Third-party hardware, firmware, software components, libraries, and embedded technologies (including but not limited to components provided by hardware vendors or open-source projects) remain the property of their respective owners and are subject to their respective license terms.

Certain components of the System may include or rely on open-source software, which is licensed under its respective open-source licenses. Such components are subject to their applicable license terms, which may grant additional rights to the user.

For the avoidance of doubt, no rights are granted to any third-party intellectual property, and nothing in these terms shall be construed as transferring ownership of any third-party components.

By installing, configuring, accessing, activating, or using the System, the user accepts the following legally binding terms:

The user receives only a limited, non-exclusive, non-transferable, revocable license to use the software solely in connection with authorized Smarter.Yachts hardware and in strict compliance with the provided installation and operating instructions.
The license is conditional upon compliance with these terms and may be suspended or revoked in case of violation.
No ownership rights, source code rights, reproduction rights, resale rights, sublicensing rights, or other rights are granted except as expressly stated.
The software may not be copied, reproduced, extracted, distributed, disclosed, published, transmitted, resold, relicensed, or otherwise made available to any third party.
The user shall not reverse engineer, decompile, disassemble, decode, analyze, modify, adapt, translate, create derivative works, or attempt to derive source code, internal structures, file systems, or memory layouts.
The user shall not bypass, disable, defeat, or circumvent technical protection mechanisms, licensing controls, access controls, or firmware restrictions.
The firmware and software may not be loaded, ported, installed, or reused on non-authorized hardware.

Access to and operation of the System requires a valid license key, which is bound to the underlying hardware device. A license is granted for use on a single authorized device only and may not be transferred, reassigned, or reused on any other device.

In the event of a hardware defect, the user may request a transfer of the license to a replacement device, subject to verification by APASWISS AG. APASWISS AG reserves the right to require appropriate proof of defect, including but not limited to diagnostic information or the return of the defective device.

APASWISS AG may, at its sole discretion, approve or reject such transfer requests and may charge a reasonable administrative or service fee for processing the transfer.

APASWISS AG reserves the right, at its sole discretion, to suspend, restrict, or terminate access to the System or certain features in case of violation of these terms, unauthorized use, or breach of license conditions.

Any attempt to alter, replace, extract, bypass, interfere with, or substitute the firmware, including by loading custom firmware onto embedded hardware such as ESP32-based devices, immediately voids any warranty, releases APASWISS AG from any liability, and may constitute a violation of copyright, trade secret, and other applicable laws.

All rights not expressly granted are reserved by APASWISS AG. Unauthorized use may result in civil and/or criminal liability.

3. Territorial & Usage Restrictions

Due to insurance, regulatory, and liability considerations, the System is not authorized for installation, operation, activation, offering, supply, or use within the United States of America or Canada.

Any use of the System within these territories, or in a manner that establishes a substantial connection to these territories, is strictly prohibited under these terms.

APASWISS AG provides no warranty, support, insurance-backed coverage, or liability coverage for any use in violation of this clause.

Any such use shall be deemed unauthorized, entirely at the user’s own risk, and shall automatically void any warranty, support obligations, and liability of APASWISS AG to the maximum extent permitted by applicable law.

4. Hardware Warranty Disclaimer

Unless explicitly agreed otherwise in writing, and to the maximum extent permitted by applicable law, APASWISS AG does not provide any warranty for third-party hardware components integrated into, connected to, supplied with, or used together with the System. Any such hardware is subject solely to the warranties, if any, provided by the respective manufacturer, supplier, or reseller.

Any warranty, guarantee, defect, repair, or replacement claims relating to third-party or underlying hardware shall be directed exclusively to the respective manufacturer, supplier, or reseller of such hardware.

To the maximum extent permitted by applicable law, APASWISS AG shall have no responsibility or liability for defects, failures, or performance issues relating to third-party hardware components.

A hardware warranty is provided by APASWISS AG only if and to the extent that:

the relevant hardware was directly sold and delivered by APASWISS AG; and
such hardware is expressly covered by a separate written warranty commitment issued by APASWISS AG.

5. Cookies & Local Storage

The System may use essential cookies and local storage mechanisms that are strictly necessary for operation, security, and basic functionality.

No tracking, profiling, or marketing cookies are used.

Any such storage is limited to what is technically required for the proper functioning of the System and does not involve the processing of personal data beyond what is necessary for system operation.

6. Installer Responsibility & Liability Transfer

Where the System is installed, configured, integrated, commissioned, modified, or handed over by a third party (the “Installer”), the following provisions apply:

The Installer must be a qualified professional with sufficient technical expertise in marine electrical, control, automation, and safety systems.
The Installer is solely responsible for ensuring compliance with applicable laws, regulations, standards, approvals, and good engineering practice.
The Installer assumes full responsibility for system design, integration into the vessel, wiring, power supply, protective devices, configuration, parameterization, compatibility of connected equipment, and overall installation safety.
The Installer must perform comprehensive testing of all functions and must verify correct and safe operation under all expected operating conditions before handover.
The Installer must ensure that emergency stop functions and manual override options are functional, accessible, and known to the operator.
The Installer must properly instruct the operator and/or vessel owner regarding safe use, limitations, foreseeable risks, and the auxiliary nature of the System.

To the maximum extent permitted by law, the Installer shall be solely responsible and liable for any damage, loss, injury, malfunction, unsafe condition, delay, defect, or claim arising out of or in connection with the installation, configuration, integration, commissioning, modification, or handover of the System.

The Installer agrees to indemnify and hold harmless APASWISS AG, its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses, including legal fees, arising from improper installation, incorrect configuration, unsafe integration, inadequate testing, insufficient instruction, or any failure to follow the installation and operating instructions, or any breach of these terms by the Installer.

The Installer acts as an independent contractor and not as an agent, representative, partner, joint venture partner, or employee of APASWISS AG, and is not authorized to make representations, warranties, assurances, or commitments on behalf of APASWISS AG.

No contractual relationship is established between APASWISS AG and the Installer, unless explicitly agreed in writing.

APASWISS AG shall have no responsibility or liability for any acts, omissions, or failures of the Installer.

7. Disclaimer of Warranties & Limitation of Liability

To the maximum extent permitted by applicable law, APASWISS AG expressly disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, error-free operation, and suitability for any specific application, vessel, installation, or operating environment.

The user acknowledges that the System may produce inaccurate, incomplete, or delayed information, and that no reliance shall be placed on the System for critical decisions or safety-related actions.

APASWISS AG shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of use, loss of profit, loss of revenue, loss of charter income, downtime, business interruption, data loss, reputational damage, vessel damage, equipment damage, personal injury, or any third-party claims.

To the maximum extent permitted by law, the total aggregate liability of APASWISS AG arising out of or in connection with the System, its installation, operation, malfunction, unavailability, software, firmware, configuration, interfaces, or documentation, shall be strictly limited to the amount actually paid by the user for the Smarter.Yachts software license giving rise to the claim, regardless of the legal theory of liability.

Nothing in these terms shall exclude or limit liability where such exclusion or limitation is not permitted under applicable law, including liability for intent or gross negligence where mandatory under Swiss law.

APASWISS AG is further not responsible for inaccuracies, omissions, incompatibilities, or failures relating to documentation, apps, interfaces, external devices, network services, third-party components, or connected systems.

8. Product Lifecycle & Support Policy

The System, including its software, firmware, remote services, and related components, is subject to an evolving product lifecycle.

APASWISS AG reserves the right, at its sole discretion, to modify, limit, suspend, or discontinue any functionality, service, compatibility, or support at any time, including but not limited to remote connectivity, firmware updates, and integration capabilities.

APASWISS AG does not guarantee the continued availability of updates, maintenance, compatibility, or support for any period of time. Updates, upgrades, enhancements, or continued support may be subject to additional fees, separate licensing terms, or subscription agreements.

APASWISS AG may designate certain versions of the System as end-of-life (EOL) or end-of-support (EOS), after which no updates, fixes, or support will be provided.

The user acknowledges that continued operation, compatibility, or availability of the System or any of its features is not guaranteed.

Certain features or services may depend on external infrastructure, networks, or third-party providers, which are outside the control of APASWISS AG.

To the maximum extent permitted by applicable law, APASWISS AG shall not be liable for any loss, damage, or malfunction resulting from the limitation, modification, or discontinuation of any System component or service.

Any continued use of the System after such changes or discontinuation shall be at the sole risk of the user.

9. Acceptance of Terms

By installing, configuring, commissioning, activating, accessing, or using the System, the user agrees to be bound by these General Usage, License & Installation Terms, which constitute a legally binding agreement between the user and APASWISS AG.

The user acknowledges and agrees that use of the System is conditional upon acceptance of these terms and compliance with all applicable laws, including intellectual property laws protecting APASWISS AG.

Where a license key, activation key, or digital acceptance process is used, the generation, request, activation, or use of such key shall constitute explicit confirmation of acceptance of these terms, including any installer-related obligations where applicable.

10. Governing Law & Jurisdiction

These terms and any dispute arising out of or in connection with the System, its installation, configuration, activation, operation, use, malfunction, or related software shall be governed exclusively by the laws of Switzerland.

The exclusive place of jurisdiction shall be the competent courts of Zug, Switzerland.

This provision shall apply to the extent permitted by applicable mandatory consumer protection laws.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.