Terms of Service

Version 2.0 | Effective Date: March 24, 2026 | Last Updated: March 24, 2026

PLEASE READ THESE TERMS CAREFULLY. By creating an account or using Splash, you agree to these Terms of Service, including: (i) the binding arbitration clause and class action waiver in Section 17; (ii) the limitation of liability in Section 10; and (iii) the assumption of risk and release of claims in Section 11. If you do not agree, do not use the Platform.

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you”) and Splash Inc. (“Splash,” “Company,” “we,” “us”) governing your use of the Splash mobile applications, website, and related services (collectively, the “Platform”). By accessing or using the Platform, creating an account, or clicking “I Agree,” you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Platform.

2. Platform Description — Marketplace Only

Splash is a technology marketplace platform only. Splash connects Users who wish to rent boats (“Renters”) with independent third-party boat owners (“Owners”) and independently licensed captains (“Captains,” and together with Owners, “Service Providers”). Splash does not own, operate, maintain, inspect, captain, or control any vessels listed on the Platform.

Splash does not provide boating services, transportation services, maritime services, charter services, or act as a common carrier. Splash is not a boat rental company, a charter company, or a maritime service provider. Splash’s role is limited to providing technology that facilitates connections between Renters and Service Providers. All boat rental and captain services are provided solely by independent third-party Service Providers, who are solely responsible for the condition, safety, and operation of their vessels and the quality of their services.

Splash does not supervise, direct, or control Service Providers or their services. Splash does not assess the suitability, seaworthiness, or safety of any vessel, nor does it verify the accuracy of any listing beyond the initial credential review process. Splash’s verification of Service Provider credentials (licenses, insurance, registration) is limited to reviewing documents submitted by Service Providers and does not constitute a guarantee, warranty, or endorsement of any Service Provider, vessel, or service.

3. Eligibility

You must be at least 18 years old and legally able to enter into binding agreements. By using the Platform, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity to enter into a binding contract; (c) you are not barred from using the Platform under any applicable law; (d) all information you provide is truthful, accurate, and complete; and (e) you will maintain the accuracy of such information.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us immediately of any unauthorized access. Splash reserves the right to suspend or terminate accounts at our sole discretion for violation of these Terms or for any reason with or without notice.

5. Renter Responsibilities and Acknowledgments

As a Renter, you acknowledge, agree, and represent that:

Inherent Risks: Boating and water-based activities are inherently and extremely dangerous. Risks include but are not limited to: drowning, serious bodily injury, death, hypothermia, sun exposure, dehydration, property damage and total loss, vessel sinking or capsizing, collision with other vessels, fixed objects, or marine life, equipment or mechanical failure, exposure to adverse weather, acts or omissions of other persons on or near the water, and exposure to hazardous marine conditions.
Voluntary Assumption of Risk: You voluntarily and knowingly assume all risks, both known and unknown, associated with boating and water-based activities, including those arising from the negligence of others.
Compliance with All Applicable Laws: You will comply with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to U.S. Coast Guard regulations, state-specific boating safety education requirements, and all state and local boating laws. It is your sole responsibility to determine and comply with the laws of the state(s) in which you operate a vessel.
Boating Safety Education: Many states require completion of an approved boating safety course and possession of a boating education card to operate motorized vessels. You are solely responsible for determining whether such requirements apply to you and for obtaining any required certifications before operating any vessel.
Sobriety: You will not operate or allow the operation of any vessel while under the influence of alcohol, drugs, or any impairing substance. Operating a vessel while impaired is a federal and state crime.
Passenger Safety: You are responsible for the safety and conduct of all passengers aboard the vessel during your rental period, including ensuring appropriate personal flotation devices are available and worn as required by law.
Weather and Conditions: You are solely responsible for monitoring weather conditions, water conditions, and tides, and for making prudent decisions regarding whether to proceed with or continue a trip.
Vessel Inspection: You are responsible for inspecting the vessel before departure. By departing on a trip, you acknowledge that the vessel appeared to be in acceptable condition at the time of departure.
Damage Liability: You are financially responsible for any damage to the vessel, equipment, or third-party property caused by your negligence, misuse, recklessness, or violation of these Terms, the rental agreement, or applicable law.
Insurance: You acknowledge that your personal insurance may not cover incidents occurring during a boat rental. You are strongly encouraged to obtain appropriate marine insurance coverage.
No Reliance on Splash: You have not relied on any representation, warranty, or statement made by Splash regarding the safety, condition, seaworthiness, or suitability of any vessel or the qualifications of any Service Provider, other than their listing on the Platform.

6. Service Provider Responsibilities

Owners and Captains using the Platform agree, represent, and warrant that:

Independent Contractor Status: Service Providers are independent contractors, not employees, agents, joint venturers, partners, or representatives of Splash. Splash does not direct, supervise, or control Service Providers’ work, methods, schedule, or manner of performance. Service Providers are solely responsible for all tax obligations, insurance, licensing, and compliance with all applicable laws.
Licensing and Certification: Captains must maintain a valid U.S. Coast Guard Captain’s License and all required endorsements and certifications at all times. Any lapse, suspension, or revocation must be reported to Splash immediately.
Vessel Condition and Safety — Sole Responsibility: Owners are solely and exclusively responsible for maintaining their vessels in safe, seaworthy condition in full compliance with all applicable federal, state, and local regulations, including all USCG requirements for safety equipment. Splash has no duty to inspect, maintain, repair, or assess the condition of any vessel.
Insurance: Owners must maintain commercial marine liability insurance adequate for their jurisdiction. In states that require minimum coverage for livery or charter operations, Owners must meet or exceed those requirements. It is the Owner’s sole responsibility to determine and comply with the insurance requirements of their state.
Registration and Permits: All vessels must have current state registration. Owners are solely responsible for obtaining any required livery permits, charter licenses, or other permits required by the state(s) in which they operate.
Truthful Information: All credentials, licenses, insurance certificates, photos, descriptions, and other information submitted must be genuine, current, and accurate. Submission of false, expired, or misleading information is grounds for immediate and permanent account termination and may result in legal action.
Safety Briefings: Captains must conduct comprehensive pre-departure safety briefings for all passengers, covering vessel safety equipment locations, emergency procedures, man-overboard procedures, and all applicable rules and regulations.
Premises Liability: Owners acknowledge that they, not Splash, are responsible for the safety of their vessel as a premises. Owners accept full responsibility for any injuries, damages, or losses arising from conditions aboard their vessel. Splash shall have no liability for any premises-liability claims related to any vessel.
Background and Fitness: Service Providers represent that they have no criminal history or pending charges that would make them unfit to provide services to the public and that they will immediately notify Splash of any such developments.

7. Bookings, Payments, and Cancellations

7.1 Payment Processing

Payments are processed through Stripe, a third-party payment processor. When you book, your payment method is authorized (held, not charged) at the time of booking. The charge is captured 24 hours before the scheduled trip. Splash acts solely as a limited payment collection agent on behalf of Service Providers.

7.2 Platform Fees

Splash charges a service fee to facilitate transactions (currently 20% of the boat rental amount). Fees are subject to change with 30 days’ notice.

7.3 Cancellation Policy

48+ hours before trip: Full refund, no cancellation fee.
24–48 hours before trip: 75% refund (25% cancellation fee).
Less than 24 hours: 50% refund (50% cancellation fee).
No-show: No refund.

Service Provider cancellations may result in financial penalties, reduced platform visibility, or account suspension.

7.4 Payout Terms

Service Provider earnings are available after payment capture and trip completion. Standard payouts process in 2–3 business days at no cost. Instant payouts incur a 1.99% fee.

8. No Duty to Inspect, Supervise, or Control

Splash has no duty, obligation, or responsibility to inspect, supervise, monitor, maintain, or control: (a) any vessel listed on the Platform; (b) the conduct, qualifications, or performance of any Service Provider beyond the initial credential review; (c) the interactions between Renters and Service Providers; (d) the accuracy or completeness of any listing information; or (e) compliance by any User with applicable laws.

Splash’s initial review of Service Provider credentials is a limited verification of submitted documents only. It does not constitute an inspection, endorsement, certification, or guarantee. Splash expressly disclaims any duty of care arising from this limited review process.

9. Disputes Between Users

Splash is not a party to any agreement between Renters and Service Providers. Any disputes regarding the quality of services, vessel condition, damage claims, personal injury, or any other matter are solely between those parties. Splash may, but is not obligated to, assist in resolving disputes at its sole discretion.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPLASH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO:

YOUR USE OF OR INABILITY TO USE THE PLATFORM;
ANY CONDUCT, CONTENT, OR SERVICES OF ANY THIRD PARTY, INCLUDING SERVICE PROVIDERS;
ANY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM BOATING ACTIVITIES;
THE CONDITION, SAFETY, SEAWORTHINESS, OR LEGALITY OF ANY VESSEL;
THE QUALIFICATIONS, COMPETENCE, OR CONDUCT OF ANY SERVICE PROVIDER;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
ANY PREMISES LIABILITY CLAIMS RELATED TO ANY VESSEL.

IN NO EVENT SHALL SPLASH’S TOTAL AGGREGATE LIABILITY EXCEED THE LESSER OF (A) THE AMOUNT YOU ACTUALLY PAID TO SPLASH IN THE 12 MONTHS PRIOR TO THE EVENT, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER SPLASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Assumption of Risk, Release, and Waiver

RELEASE AND WAIVER OF CLAIMS: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SPLASH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY (INCLUDING DEATH), OR PROPERTY DAMAGE IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ANY BOATING ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF SPLASH OR OTHERWISE.

YOU EXPRESSLY ACKNOWLEDGE THAT BOATING ACTIVITIES INVOLVE SERIOUS AND POTENTIALLY FATAL RISKS. YOU HAVE VOLUNTARILY CHOSEN TO PARTICIPATE AND ACCEPT ALL SUCH RISKS.

IF YOU ARE A RESIDENT OF A STATE THAT DOES NOT ALLOW THE RELEASE OF PROSPECTIVE NEGLIGENCE CLAIMS (SUCH AS CERTAIN CLAIMS IN CONNECTICUT, HAWAII, LOUISIANA, MONTANA, NEW YORK, AND VIRGINIA), THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY YOUR STATE’S LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Splash, its officers, directors, employees, agents, and affiliates from all claims, liabilities, damages, losses, costs, and fees (including attorneys’ fees) arising from: (a) your use of the Platform; (b) your violation of these Terms or any law; (c) any injury, death, or property damage from boating activities; (d) your content or information; (e) any dispute between you and another User; (f) your negligence or misconduct; or (g) the condition of your vessel (if you are an Owner).

13. Communication Policy

All communications between Renters and Service Providers must occur through the in-app messaging system. Sharing personal contact information is prohibited and may result in account suspension.

14. Intellectual Property

The Platform, including all content, features, functionality, software, designs, and trademarks, is owned by Splash and protected by intellectual property laws. You may not reproduce, distribute, modify, or exploit any portion without our prior written permission.

15. Privacy

Your use of the Platform is subject to our Privacy Policy.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware. To the extent litigation is permitted, exclusive venue shall be in New Castle County, Delaware.

17. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

17.1 Agreement to Arbitrate

You and Splash mutually agree that any disputes shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and not by a court or jury.

17.2 Class Action Waiver

YOU AND SPLASH EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND SPLASH EACH WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, MASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

17.3 Arbitration Procedures

The arbitration shall be conducted by a single arbitrator by telephone, videoconference, or in person in the county where you reside. The arbitrator’s decision shall be final and binding.

17.4 Exceptions

Either party may bring an individual action in small claims court. Either party may seek injunctive relief to prevent infringement of intellectual property rights.

17.5 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to legal@splashboats.app within 30 days of first accepting these Terms.

18. Force Majeure

Splash shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government orders, war, terrorism, or internet failures.

19. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. SPLASH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPLASH DOES NOT WARRANT THAT: the Platform will be uninterrupted or error-free; any Service Provider will meet your expectations; any vessel is safe, seaworthy, or suitable; or any credentials are current beyond initial review.

20. Third-Party Services

The Platform may integrate with third-party services (e.g., Stripe, mapping services). Splash is not responsible for third-party services. Your use of them is subject to their respective terms.

21. Modifications to Terms

Splash reserves the right to modify these Terms at any time with 30 days’ notice. You will be required to accept updated Terms before continuing to use the Platform.

22. Termination

Splash may terminate or suspend your account at any time, with or without cause. Upon termination, your right to use the Platform ceases immediately. Sections 2, 8, 9, 10, 11, 12, 16, 17, 19 survive termination.

23. Entire Agreement and Severability

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Splash. If any provision is found unenforceable, the remaining provisions remain in full force.

24. No Waiver

Splash’s failure to enforce any provision shall not constitute a waiver of that provision.

25. Contact

Splash Inc.
Email: legal@splashboats.app