Terms of Service

Operator: GEXCAP INC, 2423 SW 147th Ave #4006, Miami, FL 33185-4082, United States · EIN 36-4969612 · m.iorgu@gexcap.com

Platform: e-boat.co

Status: BETA

Version: 1.0 — DRAFT, not yet reviewed by counsel

Last updated: 2026-08-29

1. What these Terms are, and who they bind

These Terms are the agreement between you and GEXCAP INC ("e-boat", "we", "us"), a company incorporated in Florida, United States, which operates the website at e-boat.co.

They apply to everyone who uses the platform: someone browsing listings, a guest who books a boat, and an owner who lists one. By creating an account, making a booking, or listing a vessel, you accept them. If you do not accept them, do not use the platform.

Read section 4 carefully. It explains the single most important thing about this platform: we are not the party that takes you out to sea.

2. Definitions

Term — Meaning:

• Platform — The e-boat website, its booking system, messaging, and any app or interface we provide.

• Operator / Owner — The person or company that owns or lawfully operates a vessel and lists it on the platform.

• Guest — The person who books a vessel through the platform, and anyone in their party.

• Listing — A vessel offered on the platform, with its price, capacity, home port and conditions.

• Booking — A confirmed reservation of a vessel for a stated date, time and number of guests.

• Trip / Experience — The actual voyage, hire or activity on the water, performed by the Operator.

• Skipper — The person in command of the vessel during a Trip.

• Service Fee — The amount the platform charges the Guest, shown at checkout.

• Commission — The amount the platform charges the Operator, deducted from what we remit.

• Security Deposit — A refundable amount collected with the booking and released after the Trip.

• Hire Invoice — The invoice for the hire itself, issued by e-boat in the name and on behalf of the Operator (section 11).

• Content — Anything a user uploads or writes: photographs, descriptions, messages, reviews.

3. The platform is in BETA

e-boat is currently offered as a beta service. This is not a formality — it describes the actual state of the product:

• Features may be added, changed, suspended or removed without notice.

• Some functionality is experimental and may behave unexpectedly or produce incorrect results.

• The platform may be unavailable, slow, or interrupted, including without warning.

• Data displayed — availability, prices, distances, travel times, suggestions — may be incomplete or wrong.

• We may reset, migrate or correct data where necessary to fix a defect.

During beta you should verify anything that matters directly with the Operator before relying on it: the meeting point, the time, what is included, and whether the Trip is going ahead.

Beta status does not remove rights you have under mandatory consumer law (see section 22). It does mean you should not treat the platform as a finished, guaranteed system.

4. What e-boat is — and what it is not

e-boat is a marketplace. We provide the place where Operators list vessels and Guests find and book them. We handle the listing, the booking record, the payment collection, the messaging between the parties, and a dispute channel.

e-boat does not own, operate, crew, maintain, insure or navigate any vessel. We do not carry passengers. We do not employ skippers. We do not organise or run the Trip.

When you book, a contract for the Trip is formed directly between you and the Operator. e-boat is not a party to that contract. Our contract with you is limited to providing the platform and the payment handling described in these Terms.

This means:

• The Operator decides whether the Trip sails, where it goes, and when it ends.

• The Operator is responsible for the vessel, its condition, its equipment and its crew.

• The Operator is responsible for holding the licences, registrations, insurance and permits that Maltese law requires for what they do.

• Claims arising out of the Trip itself lie against the Operator.

Note. A note on how we describe this, and why it matters. Some of what we do — collecting the whole payment, setting cancellation windows, moderating listings, holding a deposit — is more than a pure notice board. Whether a court in Malta or the EU would treat e-boat as a mere intermediary, as a payment intermediary, or as an organiser of travel services is a question of law that depends on facts and on how the service develops. This is flagged for legal review in the final section of this document, and it should be confirmed before this clause is relied upon.

5. Eligibility and accounts

To use the platform you must be at least 18 and legally able to enter into contracts.

Account types. The platform has:

• Guest accounts — browse, book, message, review, save listings.

• Operator accounts — everything a Guest can do, plus listing vessels, managing availability, accepting or declining requests, and receiving payouts. A Guest account becomes an Operator account by choosing to host; new Operator accounts start in a pending state until reviewed.

• Staff accounts — internal accounts held by e-boat personnel with defined roles (administration, operations, finance, fleet moderation, support). These are not available to the public.

Your account is yours. Keep your password confidential. You are responsible for everything done through your account. Tell us at once if you believe someone else has access to it. One person, one account.

Identity verification. We may ask you to submit identity documents — an identity card, passport, licence, proof of address, or a photograph of yourself — particularly before you can operate as an Operator or receive payouts. We may suspend access until verification is complete. We may refuse or reverse verification where documents are unclear, inconsistent, or appear altered.

6. What you can do on the platform

As a Guest you can: search by departure point, destination, date, time and party size; use your device location to find nearby departure points; view listings with photographs, description, capacity, price, amenities and house rules; see an itemised price before you pay; book instantly where the Operator allows it, or send a request; pay; message the Operator about your booking; cancel under section 13; open a dispute; leave a review after a completed Trip; save listings.

As an Operator you can: create listings with photographs, description, capacity, hourly price, home port, amenities and house rules; upload vessel documents; set minimum and maximum hire durations; choose instant booking or request-only; block dates; accept or decline requests; message Guests; mark Trips complete; see your earnings and payouts.

We can: review and approve, reject, unpublish or archive listings; verify or reject identity documents; suspend accounts; moderate reviews; intervene in disputes; issue refunds; adjust payouts; and change platform settings including fees and cancellation windows.

7. Listings: what an Operator must be able to prove

Before a listing is published we ask for, and a member of our team looks at:

• the vessel's registration;

• valid insurance;

• the skipper's licence, where a skipper is provided.

A listing is not published until those are in order.

Note. This check is a filter, not a guarantee. We look at documents an Operator gives us. We do not audit vessels, inspect equipment, verify a document with the issuing authority, or monitor whether cover remains in force after publication. The Operator remains solely responsible for holding, maintaining and renewing everything the law requires. Nothing we do transfers that responsibility to us, and no Guest should treat publication on e-boat as certification of a vessel's condition or legality.

The Operator warrants, on every listing and for every Trip, that:

• the vessel is registered and lawfully operated;

• insurance is in force and adequate for carrying the number of people stated, including passenger liability cover where required;

• the person in command holds the licence or certificate Maltese law requires for that vessel and that activity;

• the vessel carries the safety equipment required, including lifejackets in sizes for every person aboard, including children;

• the stated capacity is the lawful capacity of the vessel, not an optimistic one;

• where the activity amounts to commercial carriage of passengers, any operator licence, authorisation or permit required by Maltese authorities is held.

Accuracy of listings. Photographs must be of the actual vessel. Descriptions must be truthful. Prices must be complete. An Operator who lists a vessel they do not have the right to offer, or who misstates capacity, is in breach of these Terms and may be removed.

8. Safety at sea

Boating carries risk that cannot be removed. Weather changes, sea state changes, and the sea is not a controlled environment.

The skipper is in command. Their instructions must be followed at all times. They may refuse boarding, shorten a Trip, change a route, or end a Trip early where they judge it necessary for safety. That judgement is theirs and it is final.

As a Guest you must:

• not bring more people aboard than the listing states;

• tell the Operator in advance if anyone in the party cannot swim, and about children;

• follow safety instructions and wear a lifejacket when told to;

• not operate the vessel under the influence of alcohol or drugs, and not interfere with whoever is operating it;

• supervise children in your party at all times;

• treat the vessel and its equipment with care.

Self-drive. Where a listing is offered without a skipper, the Operator states whether a licence is required. You must not take a vessel you are not lawfully entitled and competent to operate. If a licence is required, the Operator will ask to see it, and may refuse the hire if you cannot produce it. Where no licence is required, the Operator gives a briefing before departure — attend it.

Assumption of risk. You understand that swimming, snorkelling, boarding and disembarking, and being at sea involve inherent risks including drowning, injury, seasickness, sunstroke and collision. You participate voluntarily and accept those risks. This does not limit any liability that cannot lawfully be limited, including for death or personal injury caused by negligence.

9. Weather, sea conditions and route changes

Trips depend on conditions. A route may change or a Trip may be cancelled because of wind, swell, sea state, visibility, mechanical failure, or a decision by a competent authority.

• The Operator decides. A change or cancellation made for safety is not a failure of the booking.

• If the Operator cancels for any reason, you are refunded in full — see section 13.

• A route changed for weather is not grounds for a refund of a Trip that went ahead.

• Access to specific sites may be restricted by Maltese authorities, including seasonal or capacity restrictions. Where a site requires a separate access arrangement, obtaining it is the Guest's responsibility unless the listing clearly says the Operator handles it.

10. Bookings

Two ways to book.

• Instant — the booking is confirmed when payment succeeds.

• On request — the Operator answers. You are not charged for a request that is declined or never accepted.

A booking states the vessel, the date, the start and end time, and the number of guests. Bookings are subject to a maximum duration set on the platform (currently 24 hours) and to any minimum and maximum hire duration on the listing.

Availability. The platform prevents double-booking of the same vessel for overlapping times, and Operators can block dates. During beta, availability may occasionally be shown incorrectly; if a conflict arises, we will refund rather than leave a Guest without a boat.

No-show. If you do not appear at the agreed place and time, or arrive so late that the Trip cannot reasonably run, the booking is treated as a no-show: no refund is due, and the Security Deposit is returned unless there is a separate claim. If the Operator does not appear, you are refunded in full and we may act against their account.

11. Prices, fees and what we collect

What you see at checkout is the whole price. It is made up of:

Component — Who it is charged to — How it is calculated:

• Hire price — Guest — The Operator's hourly rate × hours, adjusted by any weekend or peak multiplier shown

• Service Fee — Guest — A percentage of the hire price, set by the platform (currently 12%)

• VAT — Guest, where applicable — Applied at the rate configured on the platform (currently 0% — see the note below)

• Security Deposit — Guest — A fixed refundable amount (currently €150)

How the money moves. e-boat collects the entire amount from the Guest — hire price, Service Fee, VAT where it applies, and the Security Deposit. After the Trip, we remit to the Operator the hire price less our Commission (currently 11% of the hire price). The Service Fee and the Commission are e-boat's remuneration for the platform.

Who invoices whom. One payment, but not one supply. The boat is supplied by the Operator; the platform service is supplied by us. Three documents follow from that, and each names the party that actually supplied the thing being paid for:

Document — Issued by — Addressed to — Covers:

• Hire Invoice — e-boat, in the name and on behalf of the Operator — Guest — The hire price, plus VAT where it applies

• Service Fee invoice — e-boat, in its own name — Guest — The platform Service Fee

• Commission invoice — e-boat, in its own name — Operator — The Commission retained from the payout

Self-billing mandate. By listing a vessel, the Operator instructs and authorises e-boat to issue the Hire Invoice in the Operator's name and on the Operator's behalf, and to receive payment for it from the Guest on the Operator's account. The Operator remains the supplier of the hire: it stays responsible for performing the Trip, for the accuracy of the details it gave us that appear on the document, and for its own tax obligations on its earnings. The Operator must tell us without delay if its invoicing details or its VAT status change. An Operator who does not want us to invoice on its behalf must tell us in writing; we will then stop issuing Hire Invoices for its listings, and it must issue its own to Guests.

The Security Deposit is not invoiced. It is a refundable holding, not payment for a supply. It is shown on the booking and returned under section 12.

When these documents exist. The Hire Invoice and the Service Fee invoice are prepared automatically as soon as a payment is confirmed, and are kept with the booking. While the platform is in BETA and no live card processor is connected (section 12), no payment is confirmed and therefore none of these documents is issued. There is not yet a screen where you can download your own copy: ask us and we will send it.

Currency is euro (EUR) unless stated otherwise.

Changing fees. We may change the Service Fee, the Commission, the deposit and the cancellation windows. A change does not affect a booking already made.

Note. VAT is currently configured at 0% on the platform. Whether VAT is due on the hire, on the Service Fee or on the Commission — and in which country — depends on where e-boat, the Operator and the Guest are established, and on the nature of the supply. This has not been determined and is flagged for professional advice. The invoicing arrangement above does not settle it either: who issues a document does not decide who owes the tax. Operators remain responsible for their own tax obligations on their own earnings.

12. Payment

Payment is taken at booking, in full, through the platform.

Note. Beta note on payments. The platform's payment integration is not yet connected to a live card processor. Until it is, no card payments are actually processed and no money moves. Do not treat any on-screen confirmation as evidence that a payment has been taken. This section describes how payment will work once processing is live, and must be revisited before the platform accepts real money.

Card details. Where card processing is live, card data is handled by the payment provider and does not reach us.

Security Deposit. Held with the payment and released after the Trip is marked complete, unless the Operator opens a damage dispute (section 15). It is not a fee and is not ours to keep.

Payouts to Operators. We remit the hire price less Commission after the Trip. Payouts may be held where a dispute is open, where identity verification is incomplete, or where we have reason to believe a booking is fraudulent.

How the payout reaches you. The Guest makes a single payment to e-boat. After the Trip, the Operator's share is transferred to a Stripe account in the Operator's own name, and Stripe pays it on to the Operator's bank. To be paid, an Operator must complete Stripe's onboarding and identity verification; until Stripe confirms the account can receive funds, the payout stays owing but cannot be sent. The Operator's bank details are held by Stripe, not by us — we never see them. Where a refund or an upheld dispute follows a payout that has already been transferred, we may reverse it in whole or in part.

Chargebacks. Where a Guest reverses a payment, we may recover the amount from the Operator's payouts if the Trip did not take place as booked, or pursue the Guest if it did.

13. Cancellation and refunds

If the Guest cancels, the refund depends on how long before departure — the windows are shown on the platform and on the booking screen before you pay. As configured today:

When you cancel — Refund of the amount paid:

• 48 hours or more before the start time — Full refund

• Between 24 and 48 hours before — 50%

• Less than 24 hours before — No refund

If the Operator cancels, or declines a request, you are refunded in full, whenever it happens.

The Security Deposit is always returned unless a damage dispute is opened and upheld.

You can see the exact refund before you confirm a cancellation.

Where mandatory consumer law gives you a stronger right than this section, that law prevails (section 22).

14. Damage, and responsibility for the vessel

The vessel belongs to the Operator. It is theirs to maintain, insure and command.

A Guest is responsible for damage they or their party cause beyond fair wear — including damage caused by ignoring the skipper's instructions, by exceeding capacity, or by intoxication. The Security Deposit may be applied against such damage through the dispute process. Where damage exceeds the deposit, the claim is between the Operator and the Guest; e-boat is not a party to it and does not underwrite it.

e-boat does not insure vessels, Guests or Operators, and is not a party to any insurance contract between them.

15. Disputes between Guests and Operators

If something goes wrong, raise it first with the other party through the platform's messaging.

If it cannot be resolved, open a dispute from the booking. A dispute is reviewed by our team, may be assigned to a member of staff, and moves through stages until it is resolved. We may hold the payment or the payout while it is open.

What our involvement is, and is not. We may mediate, request evidence, and decide whether to refund from funds we hold. We do so as the party holding the money, not as an arbitrator with legal authority over either of you, and our decision does not decide the underlying legal rights between you. Either party remains free to pursue the matter through the courts or any competent body.

16. Conduct, content and reviews

Conduct. Do not harass, threaten or discriminate against anyone. Do not attempt to take bookings off the platform to avoid fees, having found the counterparty here. Do not misrepresent who you are. Do not interfere with the platform, probe it for vulnerabilities, or scrape it.

Your content. You keep ownership of what you upload. By uploading, you grant e-boat a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (including resizing, cropping and colour correction), display and distribute that content for the purpose of operating and promoting the platform and your listing. This licence continues for content attached to completed bookings and published reviews after your account closes; otherwise it ends when you remove the content.

Photographs. You warrant that you hold the rights to every photograph you upload and that any identifiable person in it has consented. Photographs of vessels must be of the vessel listed. We process uploaded images automatically — rotating, resizing, re-encoding and adjusting them — and we may decline or remove images.

Reviews. A review can only be left by a Guest of a completed booking, and only about that booking. One review per booking. We may remove reviews that are abusive, off-topic, contain personal data, or appear to be manipulated. We do not remove a review merely because it is negative.

Messaging. Messaging is open only between parties to a booking. Support staff may access message threads to handle a dispute. Do not use messaging to send payment details or to arrange payment outside the platform.

17. Our intellectual property

The platform — its software, design, text, structure, database, and the e-boat name and mark — belongs to GEXCAP INC or its licensors. These Terms give you permission to use the platform as a user, and nothing more. Do not copy, reverse-engineer, or build a competing service from it.

18. Third-party services

The platform depends on services provided by others: hosting, payment processing, e-mail and messaging delivery, mapping, and an automated assistant that answers questions about routes and places.

The automated assistant. The platform offers an assistant that answers questions about routes, bays, sea caves, crossing times and rules at sea. It answers from material written by our team, and it is provided for general orientation only. It is not advice on safety, navigation or law, it may be incomplete or out of date, and it must not be relied on for any decision about whether it is safe to sail. Questions you type are sent to a third-party model provider for processing. Do not type personal or sensitive information into it.

We are not responsible for third-party services beyond selecting them with reasonable care, and their availability is outside our control.

19. Suspension and termination

You may close your account at any time. Closure does not cancel bookings already made, or extinguish money owed either way.

We may suspend or close an account where we have reasonable grounds to believe there has been a breach of these Terms, fraud, a risk to another user's safety, a legal requirement, or repeated failure to honour bookings. Where practicable we tell you why. Suspension takes effect immediately and ends active sessions.

We may also unpublish or archive a listing — for example while documents are re-checked, or where the listing is inaccurate.

20. Availability of the platform, and changes

We aim to keep the platform available but do not guarantee it. We may take it down for maintenance, and it may be unavailable for reasons outside our control. We may change how it works, and we may stop offering it.

Changes to these Terms. We may update them. Material changes will be notified through the platform or by e-mail before they take effect. Continuing to use the platform after that means you accept the updated Terms. The version that applies to a booking is the one in force when the booking was made.

21. Limitation of our liability

Read this together with section 4. e-boat provides the marketplace. The Operator provides the Trip.

To the extent permitted by law:

• We are not liable for the Trip itself — for the condition, safety, seaworthiness or legality of a vessel, for the conduct or competence of an Operator or skipper, for injury, death, loss or damage occurring during a Trip, or for any decision to sail or not to sail.

• We are not liable for the acts or omissions of Operators or Guests towards each other.

• We are not liable for indirect or consequential loss, lost profit, lost enjoyment, or the cost of a substitute experience.

• Where we are liable, our total liability arising from a booking is limited to the total amount that Guest paid through the platform for that booking.

Nothing here excludes or limits liability that cannot lawfully be excluded — including liability for death or personal injury caused by our negligence, for fraud, and any liability that mandatory consumer law does not permit us to exclude.

Beta. The platform is provided during beta "as is" and "as available", without warranties of accuracy, uninterrupted availability, or fitness for a particular purpose, to the extent the law allows.

22. Consumers, and which law applies

Governing law. These Terms are governed by the laws of the State of Florida, United States, excluding its conflict-of-law rules.

Consumers keep their own law. If you use the platform as a consumer resident in the European Union, including Malta, the choice of Florida law above does not deprive you of the protection of mandatory consumer-protection rules of the country where you live. Those rules continue to apply, and where they conflict with these Terms, they prevail.

Where disputes are heard. Subject to the paragraph below, the courts of Miami-Dade County, Florida have jurisdiction.

Consumers again. An EU-resident consumer may bring proceedings in the courts of their own country of residence, and may only be sued there. Nothing in these Terms removes that right.

Operators. Where an Operator uses the platform in the course of a trade or business, the Florida choice of law and forum apply in full.

Activity in Malta. The Trips take place in Maltese waters. Maltese law governs the vessel, its operation, its licensing, and the safety of those aboard, regardless of where e-boat is incorporated. Nothing in these Terms displaces Maltese maritime, safety or licensing requirements, and each Operator is responsible for complying with them.

Note. Flagged for legal review. The interaction between a Florida choice of law, EU consumer protection rules, Malta's implementation of them, and Maltese maritime and passenger-carriage law is exactly the kind of question that needs a qualified opinion in each jurisdiction. This section states an intended position; it has not been verified.

23. Complaints and out-of-court resolution

Write to m.iorgu@gexcap.com. Tell us the booking, what happened and what you want done. We aim to acknowledge within 5 working days.

Consumers in the EU may also be entitled to use alternative dispute resolution or national consumer bodies. Whether e-boat participates in a specific scheme, and which one, has not yet been determined — see the review list below.

24. Personal data

How we handle personal data is described in our Privacy Notice, which forms part of these Terms.

In summary, running a booking requires us to hold: your name and contact details, your bookings and payments, the messages you exchange with the other party, identity and vessel documents where they are submitted, photographs you upload, technical data including your IP address, and — where you use it — the questions you put to the automated assistant.

Because the platform serves users in Malta and the wider EU, EU data protection law is likely to apply to that processing even though e-boat is incorporated in the United States. The consequences of that — including an EU representative, transfer safeguards, and agreements with processors — are flagged for review below.

25. Miscellaneous

Whole agreement. These Terms, with the Privacy Notice and anything shown on a listing or at checkout, are the whole agreement between us.

Severability. If a provision is unenforceable, the rest stands.

No waiver. If we do not enforce something immediately, we do not lose the right to enforce it later.

Assignment. You may not transfer your rights under these Terms. We may transfer ours to a successor of the business, on notice.

No agency. Nothing here makes e-boat and any user partners, employer and employee, or agent and principal.

Language. These Terms are written in English. A translation is provided for convenience; the English version governs.

Contact. GEXCAP INC, 2423 SW 147th Ave #4006, Miami, FL 33185-4082, United States — m.iorgu@gexcap.com