Terms of Service

1. Agreement to Terms

By accessing or using The Wrench ("the Service"), operated by Marine Keeper ("we," "us," or "our"), you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use the Service. These Terms constitute a legally binding agreement between you and Marine Keeper.

Please also review our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you also agree to the terms of our Privacy Policy.

2. Description of Service

The Wrench is a web-based software-as-a-service (SaaS) application that helps boat owners track maintenance, manage finances, log trips, organize documents, and plan for their vessel's upkeep. The Service is available at thewrench.co and through any associated subdomains.

3. Account Registration

To use the Service, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. You must be at least 18 years old to create an account.

4. Subscription and Billing

The Wrench offers a free plan. Paid plans unlock additional features and higher limits. Subscription fees are billed monthly or annually, as selected at checkout, through our third-party payment processor.

Subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date. If we change our pricing, we will provide you with reasonable advance notice before the change takes effect.

If a payment fails, we may retry the charge or suspend your access to premium features until payment is successfully processed.

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. Refunds are not provided for partial billing periods.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Service or its systems
• Upload malicious software, viruses, or harmful code
• Interfere with or disrupt the integrity or performance of the Service
• Use automated tools to scrape, crawl, or extract data from the Service
• Resell, redistribute, or sublicense access to the Service
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Upload content that infringes on the intellectual property rights of any third party

6. User Content and Data

You retain ownership of all data and content you upload to the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive license to store, process, and display your User Content in order to provide and improve the Service. For the private records you keep here, such as your maintenance history, documents and expenses, that means displaying them back to you. For anything you choose to post publicly, such as an idea on the feedback board, it also means displaying it to other people who use the Service, alongside your first name and last initial. We will never sell your User Content to third parties.

You represent and warrant that you have all necessary rights to upload your User Content and that it does not violate any third-party rights or applicable laws.

There is zero tolerance for objectionable content or abusive behavior on any public part of the Service. You agree not to post content that is unlawful, defamatory, harassing, threatening, hateful, obscene, sexually explicit, invasive of someone else's privacy or that infringes anyone's rights. You agree not to impersonate another person, to post someone else's personal information or to use the Service to abuse, bully or target anyone.

Every public post is reviewed by a person before anyone else can see it. You can report any post from the menu on that post, and a reported post is hidden immediately while we look at it. We act on reports within 24 hours. You can also block another person, which removes their posts from your view. We may remove content and suspend or terminate the account of anyone who breaches this section, without notice and at our sole discretion. To reach us about objectionable content, email hello@thewrench.co.

You are responsible for maintaining backups of your data. While we take reasonable measures to protect your data, we are not liable for data loss. You may request an export of your data at any time by contacting us.

7. Automated Features

Certain features of the Service use automated processing (including receipt scanning, maintenance manual analysis, and task schedule generation). Generated outputs, including maintenance schedules, task recommendations, cost estimates, and extracted data, are provided as suggestions only and may contain errors, omissions, or inaccuracies. These outputs are not a substitute for professional marine maintenance advice, manufacturer recommendations, or the guidance of qualified marine technicians.

You are solely responsible for reviewing, verifying, and deciding whether to act on any generated content. Marine Keeper assumes no liability for any damage, injury, or loss arising from reliance on generated outputs.

When you use automated features, your uploaded content (such as manuals and receipts) may be processed by third-party service providers to generate results. These providers process your data solely to deliver the requested functionality and do not use your data to train their models.

8. Third-Party Services

The Service relies on third-party providers for hosting, payment processing, analytics, email delivery, document processing, and other functionality. We select reputable providers and require them to handle your data in accordance with their own privacy and security policies, but we are not responsible for the acts or omissions of any third-party provider. Outages, errors, or changes by third-party providers may temporarily affect the availability or functionality of the Service.

9. Intellectual Property

The Service, including its design, software, text, graphics, logos, and all other content created by Marine Keeper ("Company Content"), is owned by Marine Keeper and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on any Company Content without our prior written consent.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure. Marine Keeper does not provide professional marine maintenance advice. Always consult qualified marine professionals for maintenance decisions.

11. Limitation of Liability

To the maximum extent permitted by law, Marine Keeper and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of or inability to use the Service. Our total aggregate liability for all claims related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Marine Keeper and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any rights of a third party.

13. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason at our discretion, with or without notice. Upon termination, your right to use the Service ceases immediately.

You may request an export of your data prior to termination by contacting us. Following account termination, we will retain your data for 30 days to allow for recovery, after which it will be permanently deleted from our systems.

14. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Service, you agree to first attempt to resolve the dispute informally by contacting us at the email address below. If the dispute cannot be resolved informally within thirty (30) days, either party may pursue resolution through the courts as described in Section 16 (Governing Law).

15. Changes to Terms

We reserve the right to modify these Terms at our discretion. We will notify you of material changes by email or through the Service at least fifteen (15) days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you may cancel your account before the changes take effect.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in the State of Washington, and you consent to the personal jurisdiction of such courts.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Marine Keeper regarding the Service and supersede all prior agreements, representations, and understandings.

19. Contact

If you have questions about these Terms, please contact us at taylor@thewrench.co.