General Terms and Conditions of YachtSale.ai

1. Scope

These General Terms and Conditions govern the use of the platform YachtSale.ai. YachtSale.ai is an online platform for listings relating to yachts, sailing boats, motorboats, boat accessories and related services.

By using the platform, users accept these GTC. Any deviating terms and conditions of users shall apply only if the operator has expressly agreed to them in writing.

2. Role of YachtSale.ai

YachtSale.ai acts exclusively as a technical platform operator and provides users with a digital infrastructure for publishing, searching and making contact in connection with listings.

In particular, YachtSale.ai is not:

• a seller, buyer, owner, dealer, broker, agent, intermediary, representative or advisor;
• a party to any sale, rental, charter, agency, brokerage or other contract between users;
• a guarantor of the existence, availability, ownership status, quality, seaworthiness, safety, registration, tax or customs compliance of a listed item;
• a provider of payment, escrow, insurance, transport, financing, valuation, inspection or legal services.

All contracts, arrangements, payments and other transactions are concluded exclusively between the respective users.

3. User Accounts and Registration

The operator may make certain functions of the platform dependent on registration. Users are obliged to provide truthful, current and complete information and to keep access credentials confidential.

The operator is entitled to block, restrict or delete user accounts or listings at any time and without prior notice, in particular in the event of suspected misuse, false information, fraud, legal violations, security risks or breach of these GTC.

There is no entitlement to registration, use, publication or permanent availability of a user account.

4. Listings and User Content

Users are solely responsible for all content published by them, in particular texts, images, prices, technical information, location details, ownership details, availability, condition descriptions, documents and contact information.

Users warrant that their listings and content:

• are truthful, complete and not misleading;
• do not infringe any third-party rights, in particular copyrights, trademark rights, personality rights or data protection rights;
• do not contain any unlawful, fraudulent, deceptive, offensive, discriminatory or otherwise inappropriate content;
• relate only to items which they are actually entitled to dispose of or for whose brokerage they are authorised;
• comply with all applicable laws, tax regulations, customs regulations, registration, import, export, safety, environmental and consumer protection regulations.

The operator is not obliged to review, verify or monitor listings in advance. The operator may edit, reject, deactivate, delete or restrict the visibility of listings at its own discretion.

5. No Duty to Review and No Warranty for Listings

As a rule, YachtSale.ai does not verify whether:

• a listed boat actually exists;
• the advertiser is the owner or otherwise authorised to dispose of it;
• the item is free from encumbrances, liens, leasing obligations, financing, retention of title or other third-party claims;
• technical information, year of construction, engine hours, CE conformity, flag, registration, berth, VAT status, customs status or maintenance history are correct;
• the boat is seaworthy, safe, insurable, financeable, transportable or eligible for registration;
• the price is in line with the market;
• the advertiser, buyer, broker or other user is trustworthy or solvent.

Users act at their own risk. Before any transaction, users should carry out their own checks, in particular inspection, sea trial, technical inspection, survey, proof of ownership, register extract, VAT/customs documentation, maintenance records, insurance matters, financing status and legal documentation.

6. No Contract Conclusion via the Platform

The platform serves solely for the publication of listings and for making contact. Any contact, enquiry, reservation, availability indication or other communication via YachtSale.ai does not constitute a binding contract, unless the parties expressly agree otherwise outside the platform.

The operator is not responsible for the conclusion, content, performance, fulfilment, rescission or disputes arising from contracts between users.

7. Prices, Fees and Payment Processing

If paid functions are offered, prices, terms and scope of services will be indicated on the platform. The operator may change prices, packages and functions at any time.

Payments between buyers, sellers, brokers, charter providers or other users are made exclusively at the participating parties' own risk. YachtSale.ai is not an escrow agent, payment service provider or guarantor of any payment.

The operator shall not be liable for payment defaults, chargebacks, fraud, incorrect bank details, identity misuse, escrow fraud, deposit fraud or any other financial losses in connection with transactions between users.

8. Prohibited Use

Users may not use the platform for:

• fraudulent, misleading or unlawful listings;
• listings for stolen, encumbered, unavailable or non-existent items;
• money laundering, sanctions evasion, tax evasion or other illegal purposes;
• spam, scraping, crawling, automated data collection or bulk messages without the operator's consent;
• uploading malware, malicious code or security-threatening content;
• circumventing technical protection measures;
• infringing third-party rights;
• collecting or misusing other users' personal data.

The operator may report suspicious activities to the competent authorities and cooperate with authorities to the extent permitted or required by law.

9. Reporting Unlawful Content

Users and third parties may report unlawful, fraudulent or otherwise problematic listings via [E-Mail/reporting form].

A report should, where possible, include:

• the exact URL or identification of the listing being complained about;
• a description of the problem;
• evidence or plausible indications;
• the name and contact details of the reporting person, insofar as legally reasonable.

The operator reviews reports at its own discretion and may remove or block content or request further information. A report does not give rise to any entitlement to removal, blocking or a specific processing time.

10. Platform Availability

The operator endeavours to ensure that the platform is available as reliably as possible, but does not guarantee uninterrupted, error-free or secure operation.

The platform may be restricted, interrupted, modified or discontinued in whole or in part at any time, in particular due to maintenance, updates, technical malfunctions, security issues, force majeure, third-party provider failures or business decisions.

Users have no entitlement to permanent storage, visibility, reach, ranking, leads, contact enquiries or sales success for their listings.

11. Search Functions, Ranking and Visibility

The operator may sort, filter, highlight or display listings according to its own criteria. The visibility of a listing may depend on factors such as timeliness, relevance, quality of the listing, user behaviour, location, paid functions or technical criteria.

There is no entitlement to a specific placement, reach, number of contacts, search engine indexing or commercial success.

12. AI Functions and Automated Content

Insofar as YachtSale.ai offers AI-supported functions, such as automatic text suggestions, translations, categorizations, price indications, descriptions or image analyses, these serve exclusively as non-binding aids.

The operator assumes no warranty for the accuracy, completeness, market appropriateness, legal permissibility or suitability of such AI-generated content. Users must review AI-generated content themselves before publication and remain solely responsible.

13. External Links and Third-Party Providers

The platform may contain links to external websites, payment providers, map providers, communication services, analytics tools or other third-party providers. The operator does not control these third-party offerings and assumes no responsibility for their content, availability, security, data protection practices or services.

The use of third-party offerings is exclusively at the user's own risk and in accordance with the terms of the respective third-party providers.

14. Intellectual Property

All rights to the platform, in particular software, design, trademarks, logos, databases, texts, structures and other content of the operator, remain with the operator or the respective rights holders.

Users may use the platform's content only within the scope of the intended use. Any use beyond this, in particular copying, scraping, reproduction, republication, reverse engineering or commercial use of data, is prohibited without express consent.

Users grant the operator a non-exclusive, worldwide, royalty-free, transferable and sublicensable right of use to uploaded content, insofar as this is necessary for the operation, display, promotion, technical processing, translation, optimisation and distribution of the listings on and in connection with the platform.

15. Data Protection

The processing of personal data is governed by the separate Privacy Policy of YachtSale.ai. Users are themselves responsible if they publish or transmit personal data of other persons via the platform.

Users may use other users' personal data only for the specifically permitted purpose of making contact in connection with a listing and not for spam, advertising, resale or any other abusive purposes.

16. Disclaimer of Liability

Use of the platform is at your own risk.

To the extent permitted by law, the operator excludes all liability for damages, losses, costs or claims in connection with:

• incorrect, incomplete, outdated or misleading listings;
• non-existent, stolen, encumbered, damaged, defective or unavailable items;
• fraud, identity misuse, escrow fraud, deposit fraud or other misconduct by users or third parties;
• technical defects, hidden damage, lack of seaworthiness or safety issues of a boat;
• ownership, registry, VAT, customs, import, export, insurance, financing or registration issues;
• contractual disputes between users;
• loss of profit, loss of business, reputational damage, data loss, loss of use, indirect damages, consequential damages or pure financial loss;
• platform outages, errors, interruptions, security incidents or data loss;
• acts or omissions of third-party providers;
• failure to achieve sales success, contact enquiries, rankings, reach or search engine placements.

The operator shall be liable only for direct damages caused by intentional or grossly negligent conduct of the operator, insofar as such liability is mandatorily required by law. Any further liability is excluded to the extent permitted by law.

Liability for auxiliary persons, employees, agents, technical service providers and subcontractors of the operator is excluded in full to the extent permitted by law.

17. No Warranty

The operator provides the platform "as seen" and "as available". To the extent permitted by law, the operator assumes no express or implied guarantees or warranties, in particular not for:

• availability, security or error-free operation of the platform;
• accuracy or completeness of content;
• commercial success;
• fitness for a particular purpose;
• merchantability;
• compatibility with devices, browsers or systems;
• freedom from viruses, malicious code or security vulnerabilities;
• permanent storage or recoverability of data.

18. Indemnification

Users undertake to indemnify the operator, its corporate bodies, employees, agents, partners and service providers against all claims, demands, damages, losses, costs, fees, fines and expenses arising out of or in connection with the following circumstances:

• breach of these GTC;
• unlawful or incorrect listings;
• infringement of third-party rights;
• disputes between users;
• breach of statutory provisions;
• incorrect information regarding ownership, condition, price, tax status, customs status, registration or availability of an item;
• abusive use of the platform.

The indemnification also includes reasonable legal enforcement and defence costs.

19. Sanctions, Export Control and Money Laundering

Users are solely responsible for complying with applicable sanctions, export control, customs, tax and anti-money laundering regulations.

The platform may not be used for transactions that violate sanctions, embargoes, anti-money laundering regulations or other regulatory requirements. The operator is entitled to block listings, accounts or communications if there is a corresponding suspicion.

20. Communication Between Users

The operator is not obliged to monitor communication between users. However, the operator may restrict, block or review communications, contact functions or messages insofar as this appears necessary or appropriate for the security of the platform, for combating misuse or for compliance with legal obligations.

Users are themselves responsible for not disclosing sensitive payment data, passwords or confidential information to unknown third parties.

21. Changes to the Platform and the GTC

The operator may change the platform, functions, prices, business models and these GTC at any time. Changes will be communicated in an appropriate manner on the platform or by e-mail.

If users continue to use the platform after amended GTC enter into force, the changes shall be deemed accepted. If a user does not agree with the changes, they must discontinue use of the platform.

22. Termination of Use

Users may have their account deleted at any time, provided that no statutory retention obligations or legitimate interests of the operator prevent this.

The operator may block, delete or restrict user accounts, listings or access at any time, with or without stating reasons, in particular in the event of breaches of these GTC, security risks, suspected misuse or for operational reasons.

Fees already paid will be refunded only if this is mandatorily required by law or if the operator expressly promises otherwise.

23. Severability Clause

Should any provision of these GTC be wholly or partially invalid, void or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the original provision.

24. Applicable Law and Jurisdiction

These GTC shall be governed, to the extent permitted by law, by substantive Swiss law, excluding conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for all disputes arising out of or in connection with the use of YachtSale.ai shall, to the extent permitted by law, be the operator's registered office.

Mandatory statutory places of jurisdiction and mandatory consumer protection rights remain reserved.