Terms of Use | Blue Edge

NOT FOR NAVIGATION. Blue Edge is for recreational use only. You, the skipper, are always responsible for your vessel and everyone on it. Please read sections 3 to 5, 11, 12 and 13 carefully. They limit our liability to you. Section 15 requires individual arbitration and waives class actions.

1. This agreement

These Terms of Use are an agreement between you and Blue Edge Software, LLC, a limited liability company based in Melbourne, Florida (“Blue Edge”, “we”, “us”). They cover the Blue Edge app for iPhone and iPad, Blue Edge Companion for Mac, Blue Edge Relief and other map data, and blue-edge.app (together, the “Service”).

The apps show these Terms when you first open them, and again when we make a material change. You accept them by choosing “I Accept”. You can’t use the apps until you do. By using blue-edge.app, you also accept these Terms. If you don’t accept them, don’t use the Service.

2. Who can use the Service

You must be at least 18, or have a parent or guardian accept these Terms for you. The Service isn’t directed at children under 13. If you use the Service for a company or a vessel you don’t own, you confirm you have authority to accept these Terms for them.

3. Not for navigation

BLUE EDGE IS NOT A NAVIGATION SYSTEM. IT IS FOR RECREATIONAL USE AND SITUATIONAL AWARENESS ONLY. DO NOT RELY ON IT FOR NAVIGATION, TO AVOID GROUNDING OR COLLISION, TO DETERMINE DEPTH, OR FOR ANY DECISION WHERE AN ERROR COULD CAUSE INJURY, DEATH OR DAMAGE.

The Service isn’t a nautical chart. It isn’t an official product of NOAA or any government agency, and it hasn’t been surveyed, certified or approved for navigation or for carriage on any vessel. It doesn’t replace official charts, radar, AIS, a compass, a depth sounder, or any other equipment or publication the law or good seamanship requires.

The Service hasn’t been verified by any hydrographic office, and it doesn’t meet SOLAS or any other carriage requirement. Only official government charts and notices to mariners contain all the information needed for safe navigation. Don’t rely on the Service in any life-or-death situation, or for any purpose that needs precise measurement of direction, distance, location, depth or topography.

4. Information can be wrong, late or missing

Everything the Service shows may be inaccurate, incomplete, out of date, delayed or unavailable. That includes the following:

Depth and seafloor data. Blue Edge Relief is rendered from public survey data that may be old and may contain errors, gaps or interpolation. Bottom conditions change constantly, including after a survey. Depth colors and shapes are not measured depths.
Position. GPS and device location can be wrong or lost, and map layers may not line up with each other.
Course Line, Hazard Course Alerts and routes. These are estimates and may be late or wrong. They don’t detect charted hazards, shallow water, vessels or other dangers. A missing alert doesn’t mean it’s safe. Anything that draws a line or suggests a way to go, including Go To, trip plans and tracks, is a basic suggestion for planning only. It must not be used for direct navigation.
Charts, sea marks and third-party layers. NOAA chart layers are provided as not for navigation. Crowdsourced data such as OpenSeaMap may be wrong or missing.
Weather, tides and currents. These are estimates from third parties. They aren’t a forecast to rely on for safety.
Waypoints, tracks and trips. Marks you or others create or import may be wrong. Transfers to a plotter or another device may change or lose data. Check them before you use them.
Devices and connections. Apps can crash, batteries run out, screens fail in sunlight or water, and downloads, sync and connections can fail.

5. You are responsible on the water

You are solely responsible for the safe operation of your vessel, for the safety of everyone aboard, and for every decision you make, whether or not you used the Service. That means you agree to do the following:

Use up-to-date official charts and your vessel’s navigation equipment as your primary means of navigation.
Keep a proper lookout at all times, and follow all laws and rules of the road.
Check any information from the Service against official sources before acting on it.
Not operate the Service in a way that distracts you from operating your vessel.
Carry the safety equipment the law and conditions require, and act in a way that doesn’t endanger or hinder anyone else.

Boating and fishing are dangerous. You knowingly and voluntarily accept all risks of using the Service on or near the water, including the risk of injury, death, grounding, collision, and loss of or damage to your vessel or property. This applies to the fullest extent the law allows.

6. Your license

The apps and data are licensed to you, not sold. We give you a personal, non-exclusive, non-transferable, revocable license to use the apps on Apple devices you own or control, for your own recreational, non-commercial use, under these Terms and the App Store’s usage rules. We and our licensors keep all other rights in the Service, including the Blue Edge name, the apps, and Blue Edge Relief.

7. Subscriptions and packs

Paid features are sold through Apple. Apple handles payment, renewal, cancellation and refunds, under its own terms. Current prices and what’s included are shown in the apps before you buy.

Subscriptions renew automatically each year until you cancel in your Apple account, at least 24 hours before renewal.
Extra Relief packs need an active subscription.
If your subscription ends, your Relief packs stop working until you resubscribe.
A purchase can be used on up to 5 devices in any 90 days.
We may change prices. Apple will notify you as its rules require, and you can cancel before a new price applies.
Coverage, packs and features can change. A pack may be updated, replaced or withdrawn, for example if a data source changes.

8. Acceptable use

You agree not to do the following:

Copy, extract, resell, redistribute or publish Blue Edge Relief or other map data, or use them to build a competing product.
Share access, or get around device limits, security or purchase checks.
Reverse engineer the apps, except where the law allows it, or remove any copyright or legal notice.
Use the Service for commercial purposes, including commercial navigation, charter or guide services, or carrying passengers for hire, or for any safety-critical purpose.
Use the Service unlawfully, or in a way that harms the Service or other people.

9. Your content

Your waypoints, trips, catches, photos and other content stay yours, and they’re stored on your devices, not on a Blue Edge server. You are responsible for backing them up. We aren’t responsible for lost content, including loss caused by a device, sync, an import or an export. Our Privacy Policy explains what data the apps use.

10. Third-party data and services

The Service uses data and services from others, including Apple, NOAA and OpenSeaMap. They’re subject to their own terms, and they may change or stop at any time. We don’t control them and aren’t responsible for them. We may replace any data source, and the results may differ. Neither NOAA nor any other agency endorses Blue Edge.

11. No warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. WE DON’T WARRANT THAT THE SERVICE OR ITS DATA WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, ERROR-FREE OR SUITABLE FOR ANY PURPOSE. NOTHING ON THE WEBSITE, IN THE APPS OR IN OUR MARKETING IS A WARRANTY OR A STATEMENT THAT THE SERVICE IS SAFE TO RELY ON. NO ADVICE OR INFORMATION FROM US, ORAL OR WRITTEN, CREATES A WARRANTY. THIS DISCLAIMER IS AN ESSENTIAL PART OF THIS AGREEMENT.

12. Limit on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, BLUE EDGE AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WON’T BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES;
PERSONAL INJURY OR DEATH, GROUNDING, COLLISION, OR LOSS OF OR DAMAGE TO ANY VESSEL, EQUIPMENT OR PROPERTY;
LOST DATA, LOST CATCHES OR TRIPS, OR LOST PROFITS.

THIS APPLIES WHATEVER THE LEGAL THEORY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY AND PRODUCT LIABILITY, AND EVEN IF WE WERE TOLD THE DAMAGE WAS POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS TOGETHER WON’T EXCEED US$1.00. THESE LIMITS ARE AN ESSENTIAL PART OF THIS AGREEMENT, AND THEY APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some places don’t allow these limits, so some of them may not apply to you. Nothing in these Terms limits liability that the law doesn’t allow us to limit.

13. You’ll cover claims caused by your use

To the fullest extent the law allows, you agree to defend, indemnify and hold harmless Blue Edge and its owners, members, officers, employees, contractors, licensors, suppliers and service providers from any claim, loss, injury (including death), damage or cost, including reasonable legal fees, that arises from any of the following:

Your use or possession of the Service, including on the water.
Your operation of a vessel.
Your content.
Your breach of these Terms or of any law.

This includes claims by your passengers, crew, guests or anyone else aboard or affected by your vessel.

14. Changes and ending this agreement

We may update these Terms. If a change is material, the apps will ask you to accept the new version before you carry on using them, and the date at the top will change. We may change, suspend or stop any part of the Service.

You can stop at any time by canceling your subscription with Apple and deleting the apps. We may suspend or end your access at any time, including if you breach these Terms or if a supplier’s license to us ends. When this agreement ends, you must stop using the apps and delete them. Sections 3 to 5 and 9 to 17 continue after this agreement ends.

15. Governing law and disputes

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules.

Please email us first, so we can try to resolve any dispute informally.

Arbitration. Any dispute arising from these Terms or the Service will be settled by binding individual arbitration in Brevard County, Florida, under the Consumer Arbitration Rules of the American Arbitration Association, and not in court. Either side may instead bring an individual claim in small claims court.

Class action and jury waiver. You and we each give up the right to a jury trial, and to take part in any class, collective or representative action.

You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@blue-edge.app. If you opt out, or if arbitration can’t be enforced, disputes may be brought only in the state or federal courts in Brevard County, Florida. The class action and jury waiver still applies, to the extent the law allows.

To the extent the law allows, any claim must be brought within one year after it arises.

16. General

These Terms and the Privacy Policy are the whole agreement between you and us about the Service. If part of these Terms can’t be enforced, the rest stays in force. If we don’t enforce a term, we don’t give up the right to do so later. You can’t transfer this agreement. We may transfer it as part of a sale or reorganization of our business.

Our licensors and suppliers may enforce sections 3 to 5 and 11 to 13 as third-party beneficiaries. You must follow all export laws that apply to the Service. The United Nations Convention on Contracts for the International Sale of Goods doesn’t apply. The English version of these Terms controls over any translation. US government users receive the Service as commercial computer software, with only the rights these Terms give. The Blue Edge name and logo belong to us, and you may not use them without our written permission.

17. Contact

Blue Edge Software, LLC, Melbourne, FL, USA

support@blue-edge.app

18. Apple App Store terms

If you got the apps from the App Store, this section also applies, and it overrides anything above that conflicts with it.

Parties. These Terms are between you and Blue Edge, not Apple. Blue Edge, not Apple, is responsible for the apps and their content.
License scope. Your license is limited to Apple devices you own or control, as the App Store’s usage rules allow.
Support. Blue Edge alone provides any support for the apps. Apple has no obligation to do so.
Warranty. If the apps fail to meet any warranty that applies by law, you may tell Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the apps.
Claims. Blue Edge, not Apple, is responsible for any product claims about the apps, subject to sections 11 and 12. That includes product liability, legal or regulatory compliance, and consumer protection claims.
Intellectual property. Blue Edge, not Apple, is responsible for investigating and handling any third-party claim that the apps infringe intellectual property rights.
Legal compliance. You confirm you aren’t in a country under a US embargo, and aren’t on any US list of prohibited or restricted parties.
Third-party terms. You must follow any third-party terms that apply when you use the apps.
Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple may enforce them against you.