Terms of Service

Effective date: May 2, 2026

These Terms of Service ("Terms") form a legally binding agreement between you and Upwind Booking ("Upwind Booking", "we", "us", or "our") and govern your access to and use of our website, software, mobile applications, embeddable booking widget, and related services (collectively, the "Service").

Contents

1. 1. Acceptance of these Terms
2. 2. Definitions
3. 3. The Platform Service
4. 4. Eligibility
5. 5. Operator Accounts
6. 6. Customer Accounts and Bookings
7. 7. Reservations, Payments, and Fees
8. 8. Cancellations, Refunds, and Changes
9. 9. Waivers, Releases, and Assumption of Risk
10. 10. Operator Responsibilities
11. 11. Customer Responsibilities
12. 12. Prohibited Conduct
13. 13. User Content and License
14. 14. Intellectual Property
15. 15. Privacy and Data
16. 16. Communications and Email
17. 17. Third-Party Services
18. 18. Disclaimers
19. 19. Limitation of Liability
20. 20. Indemnification
21. 21. Force Majeure
22. 22. Modifications to the Service or Terms
23. 23. Termination and Suspension
24. 24. Dispute Resolution; Arbitration; Class Action Waiver
25. 25. Governing Law and Venue
26. 26. International Use and Export
27. 27. Notices
28. 28. Assignment
29. 29. Severability and No Waiver
30. 30. Entire Agreement
31. 31. Electronic Signatures and Records
32. 32. Contact

1. Acceptance of these Terms

These Terms apply to: (a) operators that register, manage listings, accept bookings, or process payments through the Service ("Operators"); (b) customers, guests, or renters who view, reserve, pay for, or participate in activities or stays facilitated through the Service ("Customers"); and (c) any other person who visits, uses, or interacts with the Service or any embedded widget, page, or email originating from the Service ("you").

By using the Service you represent that you have read, understood, and agree to these Terms. If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. Upwind Booking may decline to provide the Service to any person at our discretion.

2. Definitions

• Booking — a reservation, rental, or other transaction created through the Service.
• Customer Content — information a Customer submits, including names, emails, phone numbers, payment instruments, signatures, photos, waiver responses, and notes.
• Operator Content — information an Operator publishes through the Service, including listings, prices, photos, descriptions, policies, waivers, marketing emails, and operating hours.
• Platform Fee — fees charged by Upwind Booking for use of the Service, including the booking fee added to Bookings.
• Service Provider — the Operator who actually provides the equipment, vessel, lodging, activity, or service that is the subject of a Booking. Upwind Booking is not the Service Provider.

3. The Platform Service

Upwind Booking provides software that enables Operators to list and manage rental, lodging, and activity inventory; to accept reservations and payments; to send notifications; and to administer waivers, schedules, and customer records. The Service may include an embeddable widget that Operators may host on their own websites.

Upwind Booking is a technology platform only. We do not own, operate, control, manage, supply, deliver, charter, captain, repair, inspect, certify, or insure any vessel, vehicle, equipment, lodging, real property, instructor, guide, or activity offered or facilitated through the Service. We are not a party to any contract for sale, rental, lodging, transportation, or activity between an Operator and a Customer. The Operator is the sole counterparty, contracting party, principal, and Service Provider for every Booking.

4. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) and able to form a legally binding contract to use the Service. Minors may participate in activities only with the consent of a parent or legal guardian who agrees to these Terms on their behalf and accepts the related waiver. Use of the Service is void where prohibited.

5. Operator Accounts

Operators must register an account, provide accurate information, and keep that information current. Operators are solely responsible for: (a) all activity that occurs under their account; (b) the accuracy, legality, and lawfulness of all Operator Content; (c) the operation, safety, and quality of the goods and services they offer; (d) compliance with applicable licensing, permitting, insurance, tax, and consumer-protection requirements; (e) honoring Bookings; (f) handling disputes, chargebacks, refunds, and customer-service inquiries with their own Customers; and (g) all wages, classifications, and obligations to staff, guides, captains, and contractors.

Operators must use a strong password meeting our published policy, must enable multi-factor authentication when offered, and must not share, transfer, sublicense, or sell their account credentials. Operators must notify Upwind Booking immediately of any suspected unauthorized access at info@upwindbooking.com.

Operators grant Upwind Booking a worldwide, royalty-free, sublicensable license to host, reproduce, display, distribute, transmit, and modify Operator Content solely as needed to operate, promote, and provide the Service. Operators represent and warrant that they own or have all rights necessary to grant this license and that Operator Content does not infringe, misappropriate, or violate any third-party right.

6. Customer Accounts and Bookings

Customers may complete a Booking without creating a long-term account by providing name, contact information, and payment details. By submitting a Booking, the Customer enters a contract directly with the Operator for the goods or services described in the listing, subject to the Operator's policies. Upwind Booking acts only as a technology and payments-facilitation platform.

Customers represent that the information they provide is accurate, that they have authority to use the payment instrument, that they are of the minimum age required for the booked activity, and that they meet all health, fitness, weight, swim, experience, licensing, and certification requirements stated in the listing or Operator's policies.

7. Reservations, Payments, and Fees

Payments are processed by Stripe, Inc. or another payment processor selected byUpwind Booking (the "Processor"). By completing a Booking you authorize the Processor to charge the payment instrument you provide for the rental amount, deposits, taxes, add-ons, fees (including the Upwind Booking booking fee), and any incidental amounts described in the Operator's policies.

The booking fee charged by Upwind Booking is non-refundable except where required by law. Operators authorize Upwind Booking to collect the booking fee and to deduct any chargebacks, refunds, reversals, fines, fees, and penalties from amounts otherwise payable to the Operator. Operators are responsible for all sales, lodging, occupancy, value-added, excise, and other taxes; Upwind Booking is not the merchant of record for the underlying rental or activity and does not collect, remit, or audit Operator taxes.

Upwind Booking may add, remove, or change pricing, plans, and fees with reasonable notice. If you do not agree to a change, your sole remedy is to stop using the Service before the change takes effect.

8. Cancellations, Refunds, and Changes

Cancellation, no-show, weather, late-arrival, and refund policies are set by the Operator and are stated at the time of Booking and on the Operator's pages. Customers must read those policies before completing a Booking. Refund disputes are between the Customer and the Operator. Upwind Booking may, but is not required to, assist either party in good faith. Where Upwind Booking processes a refund on the Operator's behalf, the Operator authorizes Upwind Booking to do so and to recover related amounts from future payouts.

Upwind Booking may, in its sole discretion and without liability, cancel a Booking that violates these Terms, any law, the Operator's policies, or that we believe is fraudulent, abusive, or unsafe.

9. Waivers, Releases, and Assumption of Risk

Activities and rentals facilitated through the Service may involve significant risk of property damage, bodily injury, illness, or death. Customers acknowledge and assume those risks. Operators may require Customers and participants to sign liability waivers, releases, photo-and-video releases, indemnity agreements, or assumption-of- risk forms. Such waivers are agreements between the Operator and the Customer or participant. Upwind Booking provides software to collect signatures but is not a party to, author of, or guarantor of those waivers.

Customers agree that, to the maximum extent permitted by law, Upwind Booking has no liability for any incident, accident, injury, illness, death, theft, loss, or damage arising out of or related to any activity, rental, lodging, transportation, or other service offered or facilitated through the Service.

10. Operator Responsibilities

The Operator is solely responsible for, and warrants to Upwind Booking and to Customers, that it will:

• maintain all licenses, permits, registrations, certifications, and insurance required by law in every jurisdiction in which it operates, including, where applicable, U.S. Coast Guard captain licenses, charter endorsements, marina permits, lodging permits, short-term rental permits, business licenses, and tax registrations;
• maintain commercial general liability, marine liability, vehicle, and worker's compensation insurance at industry-appropriate levels and provide proof on request;
• inspect, maintain, repair, and operate all equipment, vessels, vehicles, and lodging in safe, seaworthy, and code-compliant condition;
• provide truthful descriptions, photos, capacity, age, and weight limits, and disclose all material risks and rules;
• collect and remit all applicable taxes (sales, lodging, occupancy, transient, VAT, GST, and similar);
• comply with consumer-protection, advertising, accessibility, anti-discrimination, employment, marine-environmental, and data-protection laws;
• respond promptly to Customer inquiries, complaints, refund requests, and chargebacks; and
• not list any item, service, location, or content that is illegal, unsafe, infringing, defamatory, or that violates any third-party right.

11. Customer Responsibilities

• provide accurate booking, identity, payment, and emergency-contact information;
• arrive on time, sober, fit to participate, and with all required documents (ID, license, certification, swim ability, etc.);
• follow the Operator's safety briefings, posted rules, equipment instructions, and the directions of the Operator's staff and captains;
• operate equipment only within posted limits, conditions, and geographic boundaries;
• return equipment in the condition received and promptly report damage, theft, accidents, or injuries;
• refrain from operating watercraft, vehicles, or equipment under the influence of alcohol, drugs, or any impairment;
• obtain consent from any minor's parent or legal guardian before allowing the minor to participate; and
• be responsible for the conduct of every member of the Customer's party.

12. Prohibited Conduct

You agree not to, and not to permit any third party to:

• use the Service to violate any law, regulation, or third-party right;
• misrepresent identity, age, location, or affiliation, or impersonate any person or entity;
• upload viruses, malware, scraped data, or any malicious or harmful code;
• attempt to access, probe, or interfere with the Service, its security, networks, or accounts other than your own;
• reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code or non-public APIs of the Service, except to the extent expressly permitted by law;
• scrape, harvest, mine, or programmatically collect data from the Service or any embedded widget;
• circumvent, disable, or overload any rate limit, authentication, payment, or security feature;
• use the Service to send unsolicited bulk email, spam, or phishing;
• post, transmit, or otherwise make available content that is hateful, harassing, defamatory, sexually explicit, exploitative of minors, or that promotes violence or illegal activity;
• list or transact in firearms, explosives, controlled substances, stolen goods, counterfeit items, or any other items prohibited by law or by our published rules; or
• use the Service in a way that would cause us, the Processor, or our partners to violate any applicable rule, including Stripe's Restricted Businesses list and the card-network rules.

13. User Content and License

You retain ownership of content you submit to the Service. By submitting content, you grant Upwind Booking a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, create derivative works of, publicly display, publicly perform, and distribute that content as needed to operate, improve, market, and provide the Service, and to comply with legal process. You are solely responsible for the content you submit and warrant that it does not infringe, misappropriate, or violate any third-party right and that you have all rights and consents needed to grant this license, including from any individual whose image, name, signature, or personal information is included.

Upwind Booking may remove, refuse, edit, or restrict any content at any time without notice and without liability.

14. Intellectual Property

Upwind Booking and its licensors own all right, title, and interest in and to the Service, including all software, designs, text, graphics, logos, icons, and trademarks. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose. All rights not expressly granted are reserved. You may not use Upwind Booking trademarks, names, or branding without our prior written consent except as needed to identify the Service in compliance with applicable law.

15. Privacy and Data

Our handling of personal information is described in our Privacy and Data section, which is incorporated into these Terms. Operators are independent controllers of Customer Content collected through their listings and are responsible for providing their own privacy notices, lawful bases, retention rules, data-subject responses, and security practices in accordance with applicable laws (including the GDPR, UK GDPR, CCPA/CPRA, and Canadian PIPEDA, where applicable). Operators agree to enter our Data Processing Addendum on request when Upwind Booking acts as a processor.

16. Communications and Email

By providing your email address or phone number, you consent to receive transactional messages from Upwind Booking and from Operators related to your Booking, account, or waivers. Marketing messages are sent only with the additional consents required by law and may be turned off through the unsubscribe link or your account settings. Operators are solely responsible for the lawfulness of marketing messages they configure or send through the Service, including under the U.S. CAN-SPAM Act, Canada's CASL, the EU ePrivacy Directive, and the U.S. TCPA.

17. Third-Party Services

The Service integrates with or links to third-party services such as Stripe, Resend, Supabase, Vercel, Google services, and others. Your use of those services is governed by their own terms and privacy policies. Upwind Booking is not responsible for any third-party service, including its availability, accuracy, content, security, or policies. Upwind Booking may add, change, or remove third-party integrations at any time.

18. Disclaimers

THE SERVICE AND ALL CONTENT, FEATURES, AND TRANSACTIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW,Upwind Booking AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, Upwind Booking MAKES NO REPRESENTATION OR WARRANTY THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF MALWARE; (b) ANY OPERATOR OR SERVICE PROVIDER IS QUALIFIED, LICENSED, INSURED, OR SAFE; (c) ANY LISTING, DESCRIPTION, PHOTO, RATING, REVIEW, OR PRICE IS ACCURATE OR COMPLETE; (d) ANY VESSEL, VEHICLE, EQUIPMENT, LODGING, OR ACTIVITY MEETS YOUR EXPECTATIONS OR IS FIT FOR ANY PARTICULAR PURPOSE; OR (e) ANY OUTCOME, EARNINGS, OR TAX TREATMENT WILL BE ACHIEVED. ALL ACTIVITIES, RENTALS, LODGING, AND TRANSACTIONS ARE UNDERTAKEN AT YOUR OWN RISK.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Upwind Booking OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, ANY BOOKING, ANY OPERATOR, ANY ACTIVITY, OR ANY CONTENT, EVEN IF Upwind Booking HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL Upwind Booking'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (a) THE TOTAL FEES PAID OR PAYABLE BY YOU TO Upwind Booking (AS DISTINCT FROM AMOUNTS COLLECTED ON BEHALF OF AN OPERATOR) IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS (US$100). THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT EXPAND THIS LIMIT.

THE LIMITATIONS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU; IN THAT CASE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

20. Indemnification

You will defend, indemnify, and hold harmless Upwind Booking and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your access to or use of the Service; (b) your breach of these Terms or any representation, warranty, or covenant; (c) your violation of any law, regulation, or third-party right; (d) any Booking, activity, rental, lodging, dispute, or transaction in which you are involved; (e) any content you submit, list, send, sign, or transmit through the Service; (f) any tax that you fail to collect, remit, or report; and (g) any negligent or wrongful act or omission by you, your employees, contractors, agents, or guests. Upwind Bookingmay, at its option, take exclusive control of the defense of any claim subject to indemnification, and you will cooperate in good faith.

21. Force Majeure

Upwind Booking will not be liable for any delay, failure, or interruption of the Service caused by events outside its reasonable control, including acts of God, weather, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, strikes, labor disputes, governmental action, embargoes, telecommunications or internet outages, third-party service failures, denial-of-service attacks, or shortages of materials or services.

22. Modifications to the Service or Terms

Upwind Booking may modify, suspend, or discontinue any part of the Service at any time with or without notice. We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms with a new effective date and, where required, by additional notice. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

23. Termination and Suspension

Upwind Booking may suspend or terminate your access to the Service at any time, with or without notice, for any reason or no reason, including suspected violation of these Terms, suspected fraud, chargebacks, regulatory or processor requirements, or risk to Upwind Booking, the Processor, Operators, Customers, or third parties. You may stop using the Service at any time. Sections that by their nature should survive termination (including 7, 9, 13–14, 18–25, and 27–32) survive termination.

24. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It limits your right to bring a dispute to court and to participate in a class action.

Informal resolution. Before filing a claim, the parties agree to attempt to resolve the dispute informally for at least sixty (60) days by writing to info@upwindbooking.com with a description of the dispute and the relief sought.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, any Booking, or any relationship between the parties (a "Dispute") will be resolved exclusively by final and binding arbitration administered by JAMS under its applicable rules, except as provided below. Arbitration will be conducted by a single arbitrator in Reno, Nevada, or by video where permitted, in English. Judgment on the award may be entered in any court having jurisdiction. The arbitrator, and not any court, has exclusive authority to resolve any Dispute relating to the formation, scope, or enforceability of this arbitration agreement.

Class-action waiver. The parties waive any right to participate in a class, collective, consolidated, mass, or representative action. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this waiver is held unenforceable, that Dispute (and only that Dispute) will proceed in court, and the arbitration provision will remain in force for all other Disputes.

Exceptions. Either party may bring an individual action in small-claims court for a Dispute within that court's jurisdiction. Either party may seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual-property rights.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to info@upwindbooking.com within thirty (30) days of first accepting these Terms. The notice must include your full name, account email, and a clear statement that you wish to opt out. Opting out does not affect any other section of these Terms.

25. Governing Law and Venue

These Terms are governed by the laws of the State of Nevada, USA, without regard to conflict-of-laws principles, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 24, the state and federal courts located in Reno, Nevada have exclusive jurisdiction over any action that is not subject to arbitration, and the parties consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum.

26. International Use and Export

The Service is operated from the United States. We make no representation that the Service is appropriate or available in other jurisdictions. You are responsible for compliance with local laws and with U.S. and other applicable export-control, sanctions, and anti-corruption laws.

27. Notices

We may give notice to you by email to the address associated with your account or by posting in the Service. You give notice to us by email to info@upwindbooking.com. Notices are deemed given on the day they are sent.

28. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. Upwind Booking may freely assign these Terms in whole or in part, including in connection with a corporate restructuring, financing, merger, acquisition, or sale of assets.

29. Severability and No Waiver

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, it will be severed, and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver of our right to enforce it later.

30. Entire Agreement

These Terms (together with any policies, addenda, or order forms expressly incorporated by reference) constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous understandings. No oral statement, course of dealing, or trade usage modifies these Terms.

31. Electronic Signatures and Records

You consent to receive these Terms and all related notices, disclosures, waivers, authorizations, and contracts electronically. Your electronic acceptance, click, signature, or use of the Service has the same effect as a physical signature and constitutes a record under applicable law (including the U.S. ESIGN Act and UETA).

32. Contact

Upwind Booking
Email: info@upwindbooking.com
Web: upwindbooking.com

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