Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Subscriber," "you," or "your") and VIYB Ltd, trading as Global Yacht Brokers Network ("GYBN," "we," "us," or "our"), a company registered in England and Wales (Company No. 13691625) with registered office at International House, 10 Beaufort Court, Admirals Way, Canary Wharf, London E14 9XL, United Kingdom.

By accessing or using the GYBN API service ("Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Service Description

GYBN operates a neutral listing distribution infrastructure that enables yacht brokers to publish listing data to participating platforms via a standardized API. We are a commercial service provider, not a brokerage, marketplace, or data aggregator.

What We Do: Provide API infrastructure, data validation, and distribution to authorized platforms.

What We Don't Do: We do not broker vessels, compete for clients, or monetize your listing data beyond the subscription fee.

3. Data Ownership and Rights

3.1 Your Data Ownership

You retain full ownership of all listing data, media, and intellectual property you submit to the Service. You grant us a limited, non-exclusive license to:

• Store your data on our infrastructure
• Validate and format data according to API specifications
• Distribute your data to platforms you authorize
• Perform technical operations necessary to provide the Service

This license terminates when you delete data or cancel your subscription.

3.2 Data Usage Restrictions

We will not:

• Sell or monetize your listing data to third parties
• Use your data to compete with you or operate our own brokerage
• Share your data with platforms not explicitly authorized
• Retain your data beyond 30 days after account termination (except as legally required for tax compliance)

4. Subscription and Billing

4.1 Pricing

Published pricing as of the Effective Date:

• Basic Membership: £200/month for up to 20 boat listings
• Additional Listings: £10/month per boat over 20 listings
• Optional Developer Support: £25/hour, billed after services rendered

All fees are exclusive of VAT and any applicable taxes, which will be added where required by law.

4.2 Billing Terms

• Fees are billed monthly in advance
• Payment due within 7 days of invoice
• Failure to pay may result in service suspension
• No refunds for partial months

4.3 Price Increases

We may increase fees with 60 days advance written notice. You may cancel your subscription before the increase takes effect without penalty. Continued use after the effective date constitutes acceptance of the new pricing.

5. Term and Termination

5.1 Subscription Term

Subscriptions are month-to-month. There are no minimum term commitments or cancellation fees.

5.2 Cancellation by You

You may cancel at any time by providing written notice. Cancellation takes effect at the end of the current billing period. Upon cancellation, we will:

• Cease distributing your listings to platforms
• Provide a data export in JSON format within 30 days
• Delete all your data within 30 days (except records required for tax compliance)

5.3 Termination by Us

We may terminate your subscription immediately for:

• Non-payment after 14 days notice
• Breach of these Terms
• Fraudulent, illegal, or abusive use of the Service
• Submission of false or misleading listing data

6. Acceptable Use

6.1 Permitted Use

You may use the Service only for lawful yacht brokerage purposes. You warrant that:

• You have the right to list all vessels you submit
• Your listings do not infringe third-party intellectual property
• Your listings comply with applicable advertising and consumer protection laws
• You have obtained necessary consents to share personal data (vessel owner information)

6.2 Prohibited Use

You may not:

• Reverse engineer, decompile, or attempt to extract source code from the Service
• Bypass rate limits or security measures
• Use the Service to transmit malware or harmful code
• Resell or sublicense access to the Service
• Submit false, fraudulent, or materially misleading listing information

7. Service Level Commitments

7.1 Uptime Target

We target 99.9% monthly uptime, measured as the percentage of time the API is available to accept requests. See our separate SLA document for detailed service credits and exclusions.

7.2 Support

• Technical Support: Available 7 days/week via email
• Response Time: Within 24 hours for standard requests, 4 hours for critical outages
• Contact: support@globalyachtbrokers.net

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• GYBN provides the Service "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free operation
• Our total liability for any claim shall not exceed fees paid in the 12 months preceding the claim
• We are not liable for indirect, consequential, or punitive damages
• We are not liable for losses caused by third-party platforms, data breaches at platforms, or force majeure events

Nothing in these Terms excludes liability for: Death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under English law.

9. Indemnification

You agree to indemnify and hold harmless GYBN from any claims, damages, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of applicable laws
• Infringement claims related to your listing content
• Unauthorized or fraudulent vessel listings

10. Dispute Resolution

10.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@globalyachtbrokers.net to attempt informal resolution. We will respond within 14 days.

10.2 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration under the rules of the London Court of International Arbitration (LCIA). Arbitration shall be conducted in English in London, England.

10.3 Governing Law

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction for any matters not subject to arbitration.

11. General Provisions

11.1 Changes to Terms

We may modify these Terms with 30 days written notice. Material changes will be highlighted. Continued use after the effective date constitutes acceptance. If you do not accept changes, you may cancel your subscription.

11.2 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to an affiliated entity or in connection with a merger or sale of assets.

11.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

11.4 Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreement, and SLA, constitute the entire agreement between you and GYBN regarding the Service.

12. Contact Information