Terms of Service

1.1 These terms are an agreement between Inumbra Labs (Brahim Ouasti EI), an individual entrepreneur (entrepreneur individuel) registered in France in the national business register (Registre national des entreprises) under SIREN 538 543 034, trading as Noliser ("Noliser", "we", "us"), and the business that creates a Noliser account ("you").

1.2 The person who creates the account accepts these terms on behalf of the business and confirms that they are at least 18 and authorised to bind it. If they are not authorised, they accept these terms personally.

1.3 Noliser is for businesses only. You confirm that you use it for your trade or business and not as a consumer.

1.4 These terms include the Data Processing Terms in Schedule 1. Our Privacy Policy and Cookie Notice explain how we handle personal data but are not part of this agreement. If we have signed a separate written agreement with you, it prevails where it conflicts with these terms.

1.5 Your Customers book and pay under the booking terms you set. These terms do not govern the contract between you and your Customers, and your Customers are not parties to them.

• Booking Page: a page we host for you where Customers can view and book your charters.
• Payment Link: a link you create in Noliser to take a payment from a Customer.
• Online Payment: any payment a Customer makes through a Booking Page or Payment Link.
• Customer: anyone who books or pays for your charters or related services.
• Customer Data: personal data about Customers and their guests that is processed in Noliser on your behalf.
• Your Content: texts, photos, prices, terms and other material that you or your Team Members put into Noliser, including translations of it.
• Team Member: a person you invite to your business in Noliser.
• Service: Noliser's software, websites, Booking Pages, Payment Links, emails and support.

3.1 Noliser gives boat charter businesses booking pages, booking links, booking management, a fleet calendar, crew and team tools, pricing rules, extras, experiences and related features.

3.2 Noliser is software. We are not a party to any contract between you and a Customer, and we do not act as your agent, broker, travel agent, tour operator, marketplace, payment processor or merchant of record. We do not own, operate, inspect or verify any vessel, crew or charter, and we do not screen businesses or Customers.

3.3 We improve Noliser over time and may add, change or retire features. If we remove a feature you materially rely on, we will give you at least 30 days' notice by email, unless legal, security or third-party reasons require us to act sooner.

3.4 Features marked beta, preview or similar are provided as they are, may change or stop at any time, and are excluded from any commitment in these terms.

4.1 Keep your account details accurate and up to date, and keep sign-in details secure. Tell us promptly at hello@noliser.com if you suspect unauthorised access.

4.2 Each business has at least one owner. Owners control billing, the team, the Stripe connection and deleting the business.

4.3 You are responsible for everything done in your account, including by Team Members within the permissions you give them, and for removing access when someone leaves.

4.4 You may not sell, transfer or share your account outside your business.

4.5 We may change or reclaim a Booking Page address, for example if it infringes someone's rights or could be confused with another business. We will tell you before doing so unless the law requires immediate action.

5.1 Online Payments are processed by Stripe on your own Stripe account. Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the "Stripe Terms"). By connecting a Stripe account to Noliser, you agree to the Stripe Terms as Stripe may change them from time to time.

5.2 You are the seller of every Online Payment. Payments are charged in your business's name, and Stripe pays them out to your bank account. We never hold, receive or control Customer funds, other than our Platform Fee.

5.3 You agree to give us and Stripe accurate and complete information about you and your business. You authorise us to share information about you, your business and your transactions with Stripe, and to receive it from Stripe, as needed to provide payment features and collect our fees.

5.4 Stripe decides whether to accept, restrict or close your Stripe account and when to pay you out. We are not responsible for Stripe's decisions, outages, holds, reserves or fees.

5.5 You are responsible for refunds, disputes, chargebacks, Stripe's processing and other fees, and any losses on your Stripe account.

6.1 Platform Fee. For each booking paid in whole or in part by Online Payment, we charge a fee calculated as a percentage of the booking's total amount, including extras, experiences and taxes but excluding the fee itself (the "Platform Fee"). The percentage that applies to you is shown in Noliser and on our pricing page, unless we have agreed a different rate with you in writing. The fee is rounded to the nearest whole unit of the payment currency. Amounts added to a booking later and paid by Online Payment carry the Platform Fee on the amount added. Bookings with no Online Payment carry no Platform Fee.

6.2 Collection. Stripe collects the full Platform Fee as an application fee with the first Online Payment for the booking, including when that payment is only a down payment, and transfers it to us.

6.3 Refunds and disputes. When you refund a Customer through Noliser or in your Stripe Dashboard for a booking that carried a Platform Fee, we return that fee in proportion to the share of the booking price refunded. We don't return the Platform Fee on amounts that were never collected, on amounts you refund outside Noliser and Stripe, or on lost disputes. When you cancel a booking for weather or for a reason on your side, or a booking is cancelled at a time your cancellation policy refunds in full (other than for non-payment), and the Customer is refunded in full, we return the whole Platform Fee.

6.4 Passing the fee on. You choose who pays the Platform Fee: you absorb it and it is deducted from the payment, or the Customer pays it as a separate service fee added to the payment. If the Customer pays it, you are responsible for how it is presented and for complying with the pricing, surcharging and consumer laws where you sell, including showing the total price before the Customer pays.

6.5 Late payment. Late amounts bear interest from the due date at three times the French legal interest rate, plus a fixed recovery fee of EUR 40 per unpaid invoice (articles L441-10 and D441-5 of the French Commercial Code) and any higher recovery costs we can show.

6.6 Taxes. Our fees exclude VAT, GST, sales tax and similar taxes. We add them where we are required to; where the reverse-charge mechanism applies, you account for them. If the law requires you to withhold tax from a payment to us, you will increase the payment so that we receive the full amount. You are responsible for all taxes on your sales to Customers.

6.7 Invoices. We issue invoices and receipts electronically, in your account or by email.

6.8 Price changes. We may change our fees by giving at least 15 days' notice by email. A change takes effect on the first day of a calendar month. If you do not accept a change, you may delete your business before it takes effect.

6.9 Fees are non-refundable except as these terms state or the law requires.

7.1 You are solely responsible for the charters and related services you offer and sell through Noliser, including:

• (a) the condition, seaworthiness, equipment, registration and certification of your vessels;
• (b) your crew, their qualifications and their conduct;
• (c) passenger safety, capacity limits, safety briefings, and decisions to sail, delay or cancel, including for weather or sea conditions;
• (d) the licences, permits, insurance and registrations your business needs;
• (e) complying with the maritime, tourism, consumer protection, package travel, tax, accessibility, anti-discrimination and data protection laws that apply to you, including any obligations as an organiser of package travel or linked travel arrangements where you combine charters with other travel services;
• (f) delivering what you sell and handling Customer questions, complaints, cancellations and refunds.

7.2 You set your prices, availability, booking terms and cancellation policy. Before a Customer pays, your Booking Pages and Payment Links must identify your business (legal name, address and contact details) and make your booking terms and cancellation policy available, as the law where you sell requires.

7.3 Your Content must be accurate and not misleading, including descriptions, photos, prices, inclusions and capacity.

7.4 Booking emails we send to Customers are sent in your name, on your behalf and on your instructions. You are responsible for any message you send through Noliser and for having a lawful basis to send it.

7.5 Disputes between you and a Customer are between you and that Customer. We may help, but we have no obligation to.

7.6 If you show Customer reviews, you are responsible for complying with the laws on reviews where you sell, including telling Customers whether and how you check that reviews come from people who booked.

7.7 You may charge a Customer's saved card only through Noliser, when and as the Customer authorized it. Charging it any other way, including in the Stripe Dashboard, breaches these Terms.

8.1 Weather. Forecasts shown in Noliser come from a third-party provider. They are for general information only, may be inaccurate or out of date, and must not be used for navigation or safety decisions.

8.2 Translations. Noliser can translate Your Content automatically using a third-party AI provider. Machine translations can be wrong. You are responsible for reviewing translations of anything you rely on, especially your booking terms, cancellation policy and safety information. Translations are part of Your Content once published.

8.3 Address search. Address suggestions come from OpenStreetMap-based services and may be incomplete or wrong. Check departure points yourself.

8.4 Other services. Sign-in with Google, Stripe and other third-party services are governed by their own terms. We are not responsible for them, and they may change or stop independently of us.

8.5 Calendar feeds. If you connect calendar feeds from other platforms, we fetch them on your instruction. We are not responsible for their content or accuracy, and the other platform's terms apply to them.

9.1 You keep all rights in Your Content and Customer Data.

9.2 You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, adapt (for format, layout and translation), translate and transmit Your Content for as long as it is in Noliser, to provide and improve the Service, including showing it on your Booking Pages and in emails to your Customers, and for the promotion described in 9.9.

9.3 You confirm that you have all rights and permissions needed for Your Content, including photos, logos and texts and the consent of anyone shown in your photos, and that it does not infringe anyone's rights or break the law.

9.4 We may remove or hide Your Content, or take a Booking Page offline, if we reasonably believe it breaks the law or these terms, or if we receive a credible complaint about it. We will tell you why unless the law or a safety reason prevents us.

9.5 We process Customer Data on your behalf and on your instructions, under the Data Processing Terms in Schedule 1. You are responsible for having a lawful basis for it and for giving Customers the information the law requires, including a privacy notice that covers your use of Noliser.

9.6 You can export your data from Noliser at any time.

9.7 We may create and use aggregated or de-identified data derived from the Service that does not identify you, your Customers or any individual, for example to measure and improve Noliser and to publish industry statistics.

9.8 If you give us feedback or suggestions, we may use them without restriction or payment.

9.9 We may promote your business, including to Customers and other Noliser users, and name it as a Noliser customer. For this, you grant us a worldwide, non-exclusive, royalty-free licence to use your business name, trademarks, logos, website address, Booking Page content and photos on our websites, apps, emails, social media, advertising and sales materials. You can opt out at any time by emailing hello@noliser.com; we will stop new uses within 30 days but need not withdraw materials already published or distributed.

9.10 Referral partners. If you created your Noliser login with a referral partner's code or link, or from a partner's invitation, the first operator account you create is linked to that partner, and your settings show the partner's name. The link can't be changed afterwards. During the 13 months that follow the creation of that operator account, the partner sees your business name and country, whether your account is set up and taking bookings, and, for each booking, the date Noliser's fee was collected, the charter date, the fee Noliser received and the partner's commission. The partner never sees your guests, your boats, your account or any other detail of your bookings, although the price of a booking can be worked out from its fee. Noliser pays the partner from its own fee: the partner program costs you nothing.

10.1 We and our licensors own Noliser, including its software, design, brand and documentation. Apart from the right to use the Service under these terms, you receive no rights in it.

10.2 You may not: (a) copy, modify, resell, sublicense or create derivative works of the Service; (b) reverse engineer or decompile it, except where the law allows this despite this restriction; (c) scrape it or access it by automated means other than features we provide; (d) test its security, or bypass its rate limits, security or access controls; or (e) use it to build a competing product.

You must not use Noliser to:

• (a) break any law or infringe anyone's rights;
• (b) commit fraud, or take payment for charters or services you do not intend to provide;
• (c) sell anything other than your own charters and related services, such as extras, transfers, food and drinks;
• (d) offer anything Stripe prohibits;
• (e) send spam or messages people have not agreed to receive;
• (f) upload malware or other harmful code;
• (g) access, or try to access, data or accounts that are not yours;
• (h) overload or disrupt the Service; or
• (i) impersonate anyone or misrepresent your business.

12.1 You confirm that neither your business nor any of its owners, directors or managers is: (a) listed on, or owned or controlled by anyone listed on, a sanctions list maintained by the United Nations, the United Arab Emirates, the European Union, the United Kingdom or the United States; or (b) located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions.

12.2 You will not use Noliser to deal with, or for the benefit of, anyone described in 12.1, or otherwise in breach of sanctions, export control, anti-money laundering or anti-bribery laws.

12.3 You will tell us immediately if anything in 12.1 changes. We may suspend or close your account immediately if we reasonably believe this section has been breached.

Each party will keep confidential the non-public information it receives from the other under these terms, use it only to perform them, and protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, is independently developed, or must be disclosed by law (with prior notice to the other party where lawful). Customer Data is governed by Schedule 1.

14.1 We work to keep Noliser available, secure and backed up, but we do not promise that it will be uninterrupted or error-free. We may carry out maintenance, where possible at low-traffic times.

14.2 We provide support by email at hello@noliser.com on a reasonable-efforts basis.

14.3 Keep your own copies of information you need, including upcoming bookings.

15.1 We may update these terms. For changes that materially affect you, we will email account owners at least 30 days before they take effect. Other changes, such as clarifications or changes required by law, take effect when we publish them. Fee changes follow section 6.8.

15.2 If you do not agree with a change, you may delete your business before it takes effect. If you keep using Noliser after it takes effect, you accept it.

16.1 You may take your Booking Pages offline or delete your business at any time in Settings.

16.2 We may end these terms for any reason by giving at least 30 days' notice by email, or any longer notice the law requires.

16.3 We may suspend your account or end these terms, in whole or in part, immediately and without prior formal notice (mise en demeure), if:

• (a) you commit or attempt fraud, including taking payment for charters you do not provide or misusing Customer payments;
• (b) section 12 is breached;
• (c) we reasonably believe you operate without a licence, permit or insurance the law requires, or a serious safety incident or credible safety complaint shows a risk to Customers or others;
• (d) Stripe restricts or closes your Stripe account in a way that prevents the Service from working;
• (e) the law, a court or a competent authority requires it;
• (f) Your Content is unlawful or infringes someone's rights and you do not remove it promptly after we ask;
• (g) your account is compromised, or is used to attack the Service or to access data that is not yours;
• (h) you seriously or repeatedly breach section 11, including by sending spam;
• (i) you give false information about your identity or business;
• (j) you stop trading; or
• (k) unusually high dispute, chargeback or complaint rates on your Online Payments indicate misconduct.

We will tell you why, unless the law or a security reason prevents us.

16.4 We may also suspend your account or end these terms by notice if you materially breach them and, where the breach can be fixed, do not fix it within 14 days of our notice, or if an amount is unpaid 60 days after it was due.

16.5 When your business is deleted or these terms end:

• (a) your access stops, and your Booking Pages and Payment Links go offline;
• (b) all fees due up to that date become payable;
• (c) you remain responsible to Customers for bookings already made, including providing the charter or a refund;
• (d) we keep your data for 30 days in case you change your mind, then permanently delete it, except records the law requires us to keep, such as payment and invoice records, which we keep for as long as the law requires. Copies in backups are overwritten within a further 30 days. Export your data before deleting your business.

16.6 Sections 5.5, 6 (for amounts due), 7, 9.7, 9.8, 9.9 (for materials already published), 10, 13, 16.5 and 17 to 22, and Schedule 1 for as long as we process Customer Data, survive the end of these terms.

17.1 Except as these terms expressly state, the Service is provided "as is" and "as available". To the extent the law allows, we exclude all other warranties, conditions and terms, express or implied, including those of merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement.

17.2 We do not guarantee any number of bookings, revenue or results. Nothing in the Service is legal, tax, financial, safety or navigational advice.

18.1 You will defend and indemnify us, our affiliates, and our and their officers, employees and contractors against all claims, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to:

• (a) your charters and related services, including any death, personal injury, illness, or loss of or damage to property;
• (b) any dispute between you and a Customer, Team Member or other third party;
• (c) Your Content;
• (d) your breach of these terms or of any law, including data protection and consumer protection law;
• (e) taxes on your sales; and
• (f) refunds, disputes, chargebacks and fees on your Stripe account.

18.2 We will notify you promptly of any claim, let you control its defence, and give reasonable help at your cost. You may not settle a claim in a way that admits fault on our behalf or imposes obligations on us without our written consent. We may take part with our own counsel at our own cost.

19.1 Nothing in these terms limits or excludes liability for death or personal injury, for fraud, for gross negligence (faute lourde) or wilful misconduct (faute dolosive), or any other liability that cannot be limited or excluded by law.

19.2 Subject to 19.1, neither party is liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, bookings, business, goodwill, anticipated savings or data, whether direct or indirect and however caused, even if foreseeable.

19.3 Subject to 19.1, our total liability arising out of or relating to these terms and the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to: (a) for a claim relating to one or more bookings, the Platform Fees we received on those bookings; and (b) for any other claim, the fees you paid us in the 3 months before the event giving rise to the claim. In either case, the limit is at least EUR 100.

19.4 Sections 19.2 and 19.3 do not limit your obligation to pay amounts due, your indemnity under section 18, or your liability for breaching sections 10, 11 or 12.

19.5 We are not liable for loss caused by Stripe, your Customers, your Team Members, third-party services, Your Content, or your failure to comply with these terms.

19.6 To the extent the law allows, any claim against us must be brought within one year after the claimant became aware, or should reasonably have become aware, of it.

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, extreme weather, war, terrorism, civil unrest, epidemics, government action, failures of the internet, power supply or third-party hosting or payment providers, or cyberattacks that could not reasonably have been prevented. This section does not excuse payment obligations.

21.1 These terms, and any dispute or claim arising out of or in connection with them or their subject matter, including non-contractual disputes or claims, are governed by French law.

21.2 Before starting proceedings, a party will notify the other in writing, and both will try in good faith to resolve the dispute within 30 days.

21.3 The courts of Pontoise, France, have exclusive jurisdiction, even where there are several defendants or third-party claims, and each party irrevocably submits to it. Either party may seek urgent injunctive relief in any competent court, and we may bring a claim for unpaid amounts in the courts of the country where you are established.

22.1 Notices. We send notices to the email addresses of your account owners or show them in Noliser. They are received when sent, unless we receive a delivery failure. You send notices to hello@noliser.com.

22.2 Language. These terms are written in English. Translations are provided for convenience; if a translation differs from the English text, the English text prevails.

22.3 Assignment. You may not assign or transfer these terms without our written consent. We may assign them to an affiliate or to a buyer of all or part of our business, with notice to you.

22.4 Subcontractors. We may use subcontractors and service providers and remain responsible for their performance under these terms.

22.5 Relationship. The parties are independent contractors. Nothing in these terms creates a partnership, joint venture, agency or employment relationship.

22.6 Third-party rights. No one other than you and us has rights under these terms, except the persons protected by section 18.

22.7 Entire agreement. These terms are the entire agreement between you and us about the Service and replace any earlier agreement or understanding about it. Neither party relies on any statement not set out in them. This does not limit liability for fraud.

22.8 Severability and waiver. If any part of these terms is found unenforceable, the rest remains in force, and that part applies to the maximum extent permitted. Not enforcing a right is not a waiver of it.

22.9 Electronic acceptance. Accepting these terms electronically is as binding as signing them.

Inumbra Labs (Brahim Ouasti EI), trading as Noliser, France. SIREN 538 543 034. Email: hello@noliser.com.

1. Scope and roles. This Schedule applies when we process Customer Data on your behalf. You are the controller, or a processor acting for your own controller, and we are your processor or sub-processor. "Data Protection Law" means all data protection laws that apply to the processing, including the EU General Data Protection Regulation (GDPR) and the French Data Protection Act (loi Informatique et Libertés), the UK GDPR and Data Protection Act 2018, the Swiss Federal Act on Data Protection, the UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data or, where they apply instead, the DIFC Data Protection Law No. 5 of 2020 or the ADGM Data Protection Regulations 2021, and applicable US state privacy laws. The details of the processing are in Annex A.

2. Instructions. (a) We process Customer Data only on your documented instructions, which are these terms and your use and configuration of Noliser, unless the law requires otherwise; in that case we will tell you first unless the law forbids it. (b) We will tell you if we believe an instruction breaks Data Protection Law. (c) You confirm that your instructions comply with Data Protection Law and that you have a lawful basis for the processing. (d) Do not enter payment card numbers in Noliser's free-text fields. If you enter special categories of personal data, such as dietary or accessibility needs a Customer asks you to meet, you are responsible for keeping them to what is necessary and lawful.

3. Confidentiality. Everyone we authorise to process Customer Data is bound by confidentiality.

4. Security. We maintain the technical and organisational measures in Annex B. We may update them, provided the overall level of protection does not decrease.

5. Sub-processors. (a) You give us general authorisation to engage sub-processors. The current list is in section 6 of our Privacy Policy. (b) Before a new or replacement sub-processor starts processing Customer Data, we update that list and tell account owners, in Noliser or by email, at least 7 days in advance. Where an urgent change is needed to keep the Service running or secure, it may take effect at once, and we will tell you as soon as possible. (c) You may object on reasonable data protection grounds within 14 days of our notice. An objection does not suspend the change; if we cannot reasonably address it, you may end these terms, and this is your sole remedy. (d) We impose on each sub-processor data protection obligations that are in substance no less protective than this Schedule, and we remain responsible for its performance.

6. Assistance. (a) Taking into account the nature of the processing, we will help you respond to requests from individuals exercising their rights, mainly through features of Noliser. If we receive such a request directly about Customer Data, we will forward it to you and will not respond, except to refer the person to you, unless the law requires otherwise. (b) We will provide reasonable information and help with your security obligations, data protection impact assessments and prior consultations with supervisory authorities, as they relate to our processing. We may charge reasonable costs for help beyond what the Service's features provide, unless the need arises from our breach.

7. Personal data breaches. We will notify you without undue delay and, where possible, within 72 hours after becoming aware of a personal data breach affecting Customer Data. We will include the information then available: the nature of the breach, the categories and approximate number of people and records concerned, its likely consequences, the measures taken or proposed, and a contact point. We will update you as more information becomes available. Notifying you is not an admission of fault.

8. Deletion. When your business is deleted, we delete Customer Data within 30 days, and from backups within a further 30 days, unless the law requires us to keep it. You can export Customer Data before deletion.

9. Audits. We will make available the information reasonably necessary to demonstrate compliance with this Schedule. If that is not sufficient, or a supervisory authority requires it, you may audit our compliance, yourself or through an independent auditor bound by confidentiality, no more than once in any 12 months, on 30 days' notice, during business hours, without disrupting our operations or accessing other customers' data, and at your cost.

10. International transfers. (a) We are established in France, so Customer Data you send us from the European Economic Area (EEA), the UK or Switzerland stays in a jurisdiction recognised as adequate and needs no transfer safeguard. (b) Where a sub-processor processes Customer Data outside the EEA in a country without an adequacy decision, we put an appropriate safeguard in place, such as the European Commission's standard contractual clauses (Commission Implementing Decision (EU) 2021/914) or the provider's certification under the EU–US Data Privacy Framework. (c) Our staff may access Customer Data remotely from outside the EEA; that access remains subject to this Schedule. (d) If your country's law requires a safeguard for data you send us, we will cooperate in good faith to put one in place.

11. US state privacy laws. Where the California Consumer Privacy Act or a similar US state law applies, we act as your service provider or processor. We will not sell or share Customer Data; retain, use or disclose it outside our direct business relationship with you or for any purpose other than providing the Service; or combine it with personal data from other sources, except as those laws permit. We will tell you if we can no longer meet these obligations.

12. Liability and precedence. To the extent permitted by Data Protection Law, each party's liability under this Schedule is subject to section 19 of these terms. If this Schedule conflicts with the rest of these terms on data protection, this Schedule prevails.

Annex A: Details of processing

Annex B: Security measures

• Row-level security on every database table, so each business can access only its own data.
• Encryption in transit (TLS) and at rest (AES-256, managed by our database provider).
• Card details entered only in Stripe's payment fields and never stored by us.
• Passwords stored only as salted hashes.
• Staff access to Customer Data masked by default, limited to need and logged.
• Rate limits and automated bot checks on sign-in and forms.
• Database hosted in Frankfurt, Germany, with daily backups kept for a limited period.
• Least-privilege access to production systems and secrets.
• A documented process to detect, investigate and notify personal data breaches.