Flarepoint — Terms of Service
These Terms of Service ("Terms") are a binding agreement between you and Flarepoint Marketing Ltd. ("Flarepoint", "we", "us"), a British Columbia company (incorporation no. BC1502750). Effective date: May 31, 2026
By creating an account, starting a trial, or using the Flarepoint website or application (the "Service"), you agree to these Terms and to our Privacy Policy. If you are entering into these Terms on behalf of a marina, boatyard, or other organization (a "Customer"), you represent that you are authorized to bind that organization, and "you" means that organization.
1. Eligibility & accounts
1.1 You must be at least the age of majority in British Columbia and able to form a binding contract. 1.2 You must provide accurate registration information and keep it current. 1.3 You are responsible for your account, for all activity under it, and for keeping credentials secure. Notify us promptly of any unauthorized use. We recommend (and for some roles require) multi-factor authentication. 1.4 You are responsible for your users (staff, agents) and their compliance with these Terms, and for configuring their roles and permissions appropriately.
2. Definitions
"Customer Data" means data you or your users submit to, or generate in, the Service, including Owner and vessel records, contracts, placements, audits, incidents, documents, photos, and (where enabled) billing and payment data. "Modules" means optional features that may be enabled over time (for example Payments, e-signature, service booking, and boatyard tools). "Owners" means boat owners and their representatives whose information is managed in the Service.
3. The Service
3.1 Flarepoint provides operating software for marinas and boatyards, including a live dock/compliance view, daily dock audits, owner & boat records, an owner portal with self check-in/out, document handling, notifications, and an AI Copilot. 3.2 The Service evolves. We add, change, and remove features and Modules over time. Some features may be offered as early access or beta and may change or be withdrawn. Forward-looking timelines we publish (for example "this fall") are good-faith estimates, not commitments. 3.3 We may set reasonable technical limits and require you to keep client software reasonably up to date. 3.4 We may change or discontinue. We may modify, suspend, add, or discontinue the Service or any feature or Module, in whole or in part, at any time, with notice where practicable. We are not liable to you or anyone else for any modification, suspension, or discontinuation. 3.5 Beta features & roadmap. Early-access or beta features are provided "as is," at your own risk, with no warranty, and may be changed or removed at any time. Forward-looking statements and timelines are good-faith estimates only, are not promises or commitments, and you do not rely on any future feature in deciding to use or pay for the Service.
4. Your responsibilities & acceptable use
4.1 Lawful data and consent. You represent that you have the right to provide the Customer Data you submit and to have us process it, and that you have obtained any consents required (including from Owners) for the collection, use, and disclosure of their personal information through the Service. You are the organization responsible for Owner personal information; Flarepoint acts as your service provider (see the Privacy Policy and DPA). 4.2 Accuracy. You are responsible for the accuracy of records you enter or import, including insurance, contract, and compliance information. 4.3 Acceptable use. You will not: break the law; infringe others' rights; upload malware; attempt to breach security, access other tenants' data, or bypass access controls; reverse engineer or copy the Service except as permitted by law; resell, sublicense, or provide the Service to third parties except as agreed; scrape or harvest data or use bots beyond normal use; use the Service to build, train, or benchmark a competing product; send unlawful or unsolicited messages; or use the Service to make automated decisions about individuals that produce legal or similarly significant effects without appropriate human review. 4.4 You are responsible for obtaining and maintaining the devices, networks, and accounts needed to use the Service. 4.5 Electronic messages (anti-spam / CASL). When the Service sends emails, SMS, or other electronic messages on your behalf, you are the sender. You are responsible for complying with Canada's Anti-Spam Legislation (CASL) and similar laws, including obtaining and maintaining required consents and providing valid unsubscribe / opt-out mechanisms. Flarepoint provides tools only and is not responsible for the messages you choose to send. 4.6 Your insurance. You are responsible for maintaining appropriate insurance for your operations (including marina/boatyard operator and liability coverage). The Service is an operational tool and is not insurance and not a substitute for insurance. 4.7 Your backups. You are responsible for keeping your own copies/backups of data that is critical to you. While we maintain backups for operational resilience, we are not a backup or archiving service and are not liable for loss of data. 4.8 Imported & AI-extracted data. Data import and AI extraction (for example, building your slips, owners, and contracts from uploaded files) are aids to save you time. You must review and verify imported and extracted data before relying on it; we are not liable for extraction or import errors.
5. Trials
We may offer a free trial. The length and terms of any trial are those presented at sign-up. Trials are provided "as is" and may be changed or ended at any time. At the end of a trial, paid charges begin unless you cancel, as described at sign-up.
6. Fees, billing & taxes
6.1 Subscription & pricing. The Service is offered on a subscription basis. The fees, billing period, and plan details are those presented to you at sign-up or in your order, or in our then-current price list, and may change from time to time (changes to recurring fees apply on renewal, with reasonable notice). 6.2 Taxes. Fees are exclusive of taxes. You are responsible for applicable taxes (including GST/HST/PST), except taxes on our income. 6.3 Billing & renewal. Subscriptions renew automatically for successive terms until cancelled. You authorize us (and our payment processors) to charge your payment method for applicable fees. 6.4 Cancellation. You may cancel at any time, effective at the end of the current billing term; the Service is month-to-month with no lock-in unless you choose an annual term. Except where required by law or expressly stated, fees already paid are non-refundable. 6.5 Non-payment. We may suspend or limit the Service for overdue amounts after reasonable notice.
7. Optional & future Modules
7.1 Modules may be offered separately, may carry additional fees, and may have additional terms presented when you enable them. Customers who start during the founding period may receive founding pricing on Modules as they launch, on the terms stated at that time. 7.2 Payments module (when enabled). Flarepoint helps you bill and collect through third-party payment processors (such as Stripe and Canadian rails like Interac and pre-authorized debit). Flarepoint is not a bank, money-services business, or payment processor and does not hold your funds. Your use of payment processing is also subject to the processor's terms. You are responsible for your tax treatment, refunds, chargebacks, and disputes with Owners. 7.3 E-signature module (when enabled). Electronic signatures and records are intended to be valid under applicable Canadian electronic-transactions law. You are responsible for ensuring the documents you send and the signing process meet your legal needs. 7.4 Booking & boatyard Modules (when enabled). Scheduling, storage, and work-order features are operational tools; you remain responsible for your bookings, pricing, safety, and obligations to customers.
8. AI features
8.1 The Copilot and other AI features generate outputs that may be incomplete, inaccurate, or unsuitable for a particular purpose. They are not professional, legal, financial, tax, or insurance advice. 8.2 Actions proposed by AI are shown for your confirmation before they take effect. You are responsible for reviewing outputs and confirming actions. 8.3 We process data for AI features as described in the Privacy Policy, including data-minimization measures.
9. Compliance Health is a tool, not a guarantee
This section is important. The Service's Compliance Health signal, alerts, and audit features are operational aids that surface possible issues (such as a vessel that does not match its slip, a lapsed insurance certificate, or a missed round) based on the data available to the Service. They are not a guarantee of compliance, insurance coverage, legal status, or safety, and they do not replace your own verification, judgment, inspections, insurance review, or professional advice. You remain solely responsible for your marina's compliance, risk, liability, and operational decisions. Flarepoint is not liable for losses arising from reliance on these signals or from data that is missing, inaccurate, or out of date.
No monitoring; marina & marine risks. The Service is not a security, surveillance, monitoring, safety, emergency-response, or insurance service, and Flarepoint does not continuously monitor your marina, vessels, or Owners. To the maximum extent permitted by law, Flarepoint is not liable for any death, personal injury, or property, vessel, environmental, or pollution damage, or for sinking, fire, theft, vandalism, weather or storm damage, fuel or oil spills, or any other loss or incident occurring at or in connection with your marina or boatyard — whether or not the Service did or did not surface a related signal. You remain solely responsible for physical safety, security, supervision, emergency response, environmental compliance, and insurance.
10. Customer Data & privacy
10.1 Ownership. As between you and Flarepoint, you own your Customer Data. You grant us a non-exclusive, worldwide licence to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, support, and improve the Service and as permitted by the Privacy Policy and DPA. 10.2 Processing. Our handling of personal information in Customer Data is governed by the Privacy Policy and the Data Processing Addendum. 10.3 Export. You can export your Customer Data in a common format during your subscription and for a limited period after termination (see §18). 10.4 Aggregated/de-identified data. We may create and use aggregated or de-identified data that does not identify you, your Owners, or individuals, to operate and improve the Service.
11. Intellectual property
The Service, software, and all related IP are owned by Flarepoint and its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. We welcome feedback and may use it without restriction or obligation. All rights not expressly granted are reserved. Flarepoint does not provide any indemnity or defence for third-party intellectual-property claims relating to the Service; your remedies for any such matter are subject to the disclaimers and the limitation of liability in §15–16.
12. Confidentiality
Each party may receive confidential information of the other. The receiving party will protect it with reasonable care and use it only to exercise rights and meet obligations under these Terms, excluding information that is public, independently developed, or rightfully received from a third party, or that must be disclosed by law.
13. Third-party services
The Service may interoperate with or rely on third-party services (for example, sign-in, cloud hosting, email, SMS, payment processing, AI processing, and PDF generation). Those services are governed by their own terms and privacy policies. We are not responsible or liable for any third-party service, including any delay, outage, error, suspension, change, security incident, or discontinuation of a hosting, email, SMS, payment, AI, or other provider, or of the internet or your networks.
14. Availability & support
We aim to keep the Service available and to provide onboarding and support, but during this stage the Service is provided without a formal uptime commitment. We may perform maintenance and may modify or discontinue features with reasonable notice where practicable.
15. Warranties & disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that signals, outputs, or results will be accurate or meet your requirements. Some jurisdictions do not allow certain exclusions; in that case, the exclusions apply to the extent permitted.
16. Disclaimer & limitation of liability
To the maximum extent permitted by law, Flarepoint will not be liable to you for any damages of any kind arising out of or relating to the Service, the Compliance Health signal or any AI output, any errors or downtime, or any loss of, or inaccuracy in, data — whether the claim is in contract, tort (including negligence), or any other theory. Without limiting that:
(a) Flarepoint is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenue, goodwill, business, or data, even if advised of the possibility; and
(b) in any event, Flarepoint's total aggregate liability arising out of or relating to the Service and these Terms will not exceed the total fees you actually paid to Flarepoint in the three (3) months immediately before the event giving rise to the claim.
These limitations apply in the aggregate, regardless of the theory of liability, and are a fundamental basis of the bargain between us. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
17. Indemnification
You will defend, indemnify, and hold harmless Flarepoint and its directors, officers, and personnel from and against any third-party claims, demands, proceedings, damages, fines, penalties, and reasonable costs (including legal fees) arising from or relating to: your Customer Data; your or your users' use of the Service; your operations, marina, or boatyard; your breach of these Terms or violation of law or the rights of others; your failure to obtain required consents from Owners or to comply with CASL or privacy laws; and any claim brought by an Owner or other third party in connection with your use of the Service.
18. Term, suspension & termination
18.1 These Terms apply while you use the Service. 18.2 We may suspend or limit access if we reasonably believe there is a security risk, unlawful or harmful use, or non-payment, and will aim to give notice where practicable. 18.3 Either party may terminate for material breach not cured within a reasonable period; you may also terminate by cancelling your subscription. 18.4 On termination: your right to use the Service ends; you may export Customer Data for 30 days after termination; thereafter we may delete or de-identify Customer Data, subject to legal retention requirements and backups that expire on a rolling basis. Sections that by their nature should survive (including ownership, confidentiality, disclaimers, liability limits, indemnity, and governing law) survive termination.
19. Changes to the Service & to these Terms
We may update these Terms as the Service and Modules evolve. For material changes, we will provide reasonable notice (for example, by email or in-app). Your continued use after changes take effect means you accept the updated Terms; if you do not agree, stop using the Service and you may cancel.
20. Governing law, arbitration & limitation of claims
20.1 Governing law. These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict-of-laws rules.
20.2 Informal resolution. Before starting any proceeding, the parties will try in good faith to resolve the dispute by negotiation for at least 30 days after written notice.
20.3 Binding arbitration. Except as set out in §20.5, any dispute arising out of or relating to the Service or these Terms will be resolved by final and binding arbitration before a single arbitrator, seated in Vancouver, British Columbia, conducted in English under the rules of a recognized BC/Vancouver arbitration centre (or other rules the parties agree). The award is final and may be entered in any court of competent jurisdiction.
20.4 Class-action waiver. To the maximum extent permitted by law, disputes will be resolved only on an individual basis. You and Flarepoint waive any right to participate in a class, collective, or representative proceeding, and the arbitrator may not consolidate claims or preside over any form of class proceeding.
20.5 Exceptions. Either party may (a) seek injunctive or equitable relief in the courts located in Vancouver, British Columbia, to protect its intellectual property or confidential information, and (b) bring a qualifying claim in small-claims court.
20.6 Time limit on claims. To the maximum extent permitted by law, any claim arising out of or relating to the Service or these Terms must be commenced within one (1) year after the claim arose; otherwise it is permanently barred.
21. General
21.1 Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets. 21.2 Entire agreement. These Terms, the Privacy Policy, the DPA, and any order or Module terms are the entire agreement and supersede prior agreements on this subject. 21.3 Severability & waiver. If a provision (including any limitation of liability) is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable while preserving its intent, and the rest of these Terms remain in effect; failure to enforce a provision is not a waiver. 21.4 Force majeure. Neither party is liable for any delay or failure caused by events beyond its reasonable control, including cloud, hosting, telecommunications, payment-rail, or other third-party-provider outages, internet or utility failures, cyberattacks, severe weather, natural disasters, labour disruptions, and government actions. 21.5 Notices. We may give notice by email or in-app; you may contact us as below. 21.6 Relationship. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship. 21.7 Publicity. We may identify you as a Flarepoint customer and use your name and logo as a reference on our website and in marketing materials. You may opt out at any time by emailing hello@flarepoint.ca.
22. Contact
Flarepoint Marketing Ltd. — BC incorporation no. BC1502750 Email: hello@flarepoint.ca Mailing address: 1301–125 Milross Avenue, Vancouver, BC V6A 0A1, Canada