Terms of Use for the Sailor Croatia App

Effective Date: July 7, 2026

1. Provider and Scope

1.1 Provider

The provider of the Sailor Croatia mobile application (hereinafter the “App”) is SourceFlow AI d.o.o. za računalne i srodne djelatnosti, Zagreb, Croatia, OIB 71094352026, MBS 081318743, registered with the Zagreb Commercial Court (Trgovački sud u Zagrebu) (hereinafter “SourceFlow AI” or “we”). Contact: info@sourceflow.ai, sailor-croatia.app.

1.2 Scope

These Terms of Use (hereinafter “Terms of Use”) apply to all relationships between SourceFlow AI and natural or legal persons who download, install, or use the Sailor Croatia app on iOS or Android devices (hereinafter “Users”). In order for Users to start using the App, these Terms of use need to be fully read and the parties need to mutually understand their provisions. Mandatory statutory consumer rights remain unaffected. Any conflicting general terms and conditions of the User shall not apply unless SourceFlow AI expressly agrees to their validity in writing.

1.3 Relationship to Platform Terms

These Terms of Use apply in addition to the platform terms and conditions of Apple Inc. (App Store) and Google LLC (Google Play). In the event of a conflict between these Terms of Use and the platform terms and conditions of Apple or Google, the platform terms and conditions shall prevail to the extent that they exclusively concern the legal relationship between the User and Apple or Google.

1.4 Consumers and Business Users

For the purposes of these Terms of Use, “consumers” are natural persons who use the app for purposes that are predominantly neither part of their commercial nor their self-employed professional activities. Businesses are natural or legal persons or partnerships with legal capacity who, at the time of entering into the user agreement, are acting in the course of their commercial or self-employed professional activities. Unless these Terms of Use expressly distinguish between consumers and businesses, the provisions apply equally to both groups.

2. Purpose and Scope of Services of the App

2.1 Overview

Sailor Croatia is a mobile auxiliary navigation-aid app for the Adriatic Sea intended for informational and planning purposes only and must not be used as a primary tool for vessel operation, collision avoidance, or safety-critical navigation decisions. The app provides estimated real-time data on distance from the coast, speed, and course; offers weather forecasts; supports route planning and navigation; enables the recording of trips and the creation of trip stories; and facilitates the exploration of coastal locations such as bays, marinas, and beaches, all of which are provided for informational purposes only and without any guarantee of accuracy, completeness, or reliability as further detailed in Section 3.

2.2 Free Core Features

The app can be used without registration and at no charge. The following core features are available free of charge:

2.3 Pro Features

The following advanced features are available exclusively through a paid Pro subscription (hereinafter “Pro”):

The specific scope of the app’s features may change as part of ongoing development. Please refer to the provisions in Section 12.

3. Safety Notice

3.1 Navigation Aid, Not a Substitute for Official Nautical Charts

Sailor Croatia is an auxiliary navigation aid and not a substitute for official nautical charts, appropriate navigational instruments, or nautical expertise. The information displayed in the app—including GPS position, speed, distance to the coast, weather forecasts, and route guidance—is derived from commercially available GPS devices, third-party data sources, and calculated estimates, without any guarantee of accuracy, completeness, or reliability. This information may be inaccurate, incomplete, delayed, or unavailable for various reasons, particularly due to device, sensor, signal, software, or data errors. Use of the app does not relieve the user of the obligation to maintain a proper watch and to use official nautical charts. The App must never be used as the primary tool for vessel operation, collision avoidance, or safety-critical navigation decisions.

3.2 No Depth Data

Sailor Croatia does not possess any bathymetric data (water depth data) and does not use such data. Planned routes, route suggestions, and live navigation do not take into account water depth, submerged hazards, or the draft of the user’s watercraft. Route guidance is intended solely as a rough guide and must never be strictly followed without independent verification. Before and during every trip, the water depth must be verified using official nautical charts, a depth sounder, or other suitable sources.

3.3 Incomplete Hazard Information

Sailor Croatia does not display all hazards, obstacles, or safety-related information. Underwater rocks, shoals, islets, reefs, surface rocks, vessel traffic, weather changes, restricted areas, navigational aids, floating debris, and other hazards may not be displayed or may be displayed incorrectly. Coastline data and safety zones are approximate and must not be used for collision avoidance or to comply with local maritime traffic regulations. Special caution is required in darkness and in conditions of poor visibility.

3.4 User Responsibility

The user bears sole and absolute responsibility for the safe operation of their watercraft, for maintaining a proper watch, for complying with local maritime laws and safety regulations, and for using official nautical charts and appropriate equipment. The user is obligated to independently assess the weather, sea conditions, the condition of the vessel, and their own competence and that of the crew before each trip. The app is an auxiliary tool only and not intended as a primary navigation tool, nor is it intended for use in emergencies or in situations where a failure or inaccuracies in the app could lead to injuries, fatalities, environmental damage or any form of material and property damage.

4. Free Use and Pro Subscriptions

4.1 Free Basic Use

The core features of the app described in Section 2.2 can be used without registration and free of charge. Free use does not result in any payment obligations on the part of the user toward SourceFlow AI. The app contains no advertisements.

4.2 Pro Subscriptions

The Pro features described in Section 2.3 are accessible exclusively through the purchase of a paid Pro subscription. Pro subscriptions are optional and can be purchased by users via the Apple App Store (iOS) or Google Play (Android). SourceFlow AI does not process payments directly and does not store users’ payment data.

4.3 Subscription Terms and Prices

Pro subscriptions are currently offered with the following terms: annual subscription, 7-day subscription, and 24-hour subscription. The available subscriptions and their prices are subject to change. The current prices are displayed in the App Store or on Google Play prior to purchase. Pro features become available immediately after a successful purchase for the purchased period.

4.4 No Automatic Renewal

Pro subscriptions do not renew automatically. To maintain access to Pro features after a subscription period expires, the user must purchase a new subscription.

4.5 Payment Processing via Third-Party Platforms

Payment processing for Pro subscriptions is handled exclusively by Apple Inc. (App Store) or Google LLC (Google Play) in accordance with their respective terms of service. SourceFlow AI is technically unable to accept payments directly or issue refunds directly.

4.6 Refunds

Refund requests for Pro subscriptions are processed through Apple’s or Google’s refund processes in accordance with their respective refund policies. Users may submit their refund requests there. This does not affect consumers’ mandatory legal claims against SourceFlow AI, in particular warranty and damage claims; consumers may assert such claims directly against SourceFlow AI at info@sourceflow.ai.

4.7 No Significant Reduction in Service

SourceFlow AI will not materially reduce the value of an active Pro subscription during the paid period. Minor adjustments to the scope of functionality as part of ongoing development, as well as short-term technical maintenance interruptions, are not affected by this provision.

4.8 Statutory Warranty and Consumer Rights

If users are consumers with their habitual residence in the European Union, their statutory warranty rights and other consumer rights remain unaffected by these Terms of Use. For Pro features provided as digital content or digital services, the mandatory legal provisions governing the provision of digital products (implemented Directive (EU) 2019/770) apply, including rights in the event of non-conformity. These rights apply regardless of whether payment processing is handled by Apple or Google.

4.9 Right of Withdrawal

For digital content made available immediately after purchase, the statutory right of withdrawal may expire upon commencement of provision in accordance with Article 16(m) of Directive 2011/83/EU, provided that the consumer has expressly consented to immediate provision and acknowledged that they thereby forfeit their right of withdrawal. Apple or Google is responsible for obtaining this declaration and handling any right of withdrawal as part of the respective purchase process. The consumer shall receive confirmation of the concluded contract and the provided express consent on a durable medium (e.g., via a purchase confirmation e-mail). SourceFlow AI ensures, through its cooperation with these platforms, that such confirmations are provided and that documentation of this fulfillment is maintained. To the extent required by law, SourceFlow AI assists consumers in exercising their rights.

5. User Identification

5.1 RevenueCat User ID

Each user is automatically assigned a pseudonymous RevenueCat User ID when they first launch the app. This is a randomly generated, opaque identifier that contains neither the user’s name nor their email address. Location ratings and other user-related content are linked exclusively to this RevenueCat User ID. Further details regarding the processing of the RevenueCat User ID can be found in the Privacy Policy.

5.2 Platform Accounts for Pro Subscriptions

Pro subscriptions are purchased through the Apple App Store or Google Play and require an account maintained on those platforms. The administration of these platform accounts is the sole responsibility of Apple or Google and is subject to their respective terms of service.

6. Minimum Age and Age of Consent

6.1 Minimum Age for Independent Use

Independent use of the app requires a minimum age of 16. Use by persons under the age of 16 is not permitted. By using the app, the user certifies that they have reached the required minimum age. SourceFlow AI does not specifically target children with the app. If SourceFlow AI becomes aware that a user does not meet the minimum age requirement, SourceFlow AI is entitled to block that user’s access to the app and to delete any data stored for that user.

6.2 Minors Between the Ages of 16 and 18

Users between the ages of 16 and 18 may use the app only with the knowledge and express consent of their legal guardian, to the extent that such consent is required under applicable laws, particularly for the purchase of paid Pro subscriptions. By using the app, a minor user certifies that they have obtained the necessary consent from their legal guardian.

6.3 Age of Consent Under Data Protection Law

To the extent that the processing of personal data is based on consent and relates to information society services, the applicable national age of consent under data protection law applies. In Germany and Croatia, this age is 16; in Austria, it is 14. If the user is younger than this age, the consent of the person with parental responsibility is required. Details regarding data processing are set forth in the Privacy Policy.

7. User Content

7.1 Types of User Content

Users may create and submit the following content within the app (hereinafter collectively referred to as “User Content”):

Trip recordings — including the recorded track, any photos and videos you add, your boat image and name, and the generated trip-story videos — are created and stored locally on your device and are not transmitted to or hosted by SourceFlow AI. Accordingly, the provisions of this Section 7 and Section 8 concerning the hosting, sharing, and licensing of User Content do not apply to them.

7.2 Shared Routes and Places

If a user chooses to share a route or a saved location, the relevant data is uploaded to SourceFlow AI’s servers and can be accessed by anyone who has the corresponding share code. Share codes are not encrypted and must be treated as effectively public information. SourceFlow AI does not verify the safety, accuracy, or legality of shared content. Users should not share any personal data, security-related location information, or any other information that they do not wish to disclose. Shared content is stored for up to 365 days from the time it is created and is automatically deleted thereafter.

7.3 Location Reviews and Photos

Users can leave reviews and photos for locations listed in the app. Location reviews and associated photos are stored indefinitely and may be used by SourceFlow AI to improve and further develop the app, as well as for future app features. Location reviews are public, visible to other users, and linked to the User’s pseudonymous RevenueCat ID. Users warrant that photos they upload do not infringe on any third-party personality rights, copyrights, or other rights, and that any individuals depicted have given their consent, to the extent required by law. In accordance with Directive (EU) 2019/770, SourceFlow AI shall, upon request and within a reasonable timeframe following the termination of the user relationship, provide the User with any such content (other than personal data) in a commonly used and machine-readable format, unless such content is useless outside the context of the App or has been aggregated with other data.

7.4 Route Feedback

Users may provide feedback on routes, which may include route information, such as precise coordinates of waypoints. Route feedback is stored for a limited period to enable SourceFlow AI to analyze and improve route features. Route feedback will not be shared with other users without the user’s express consent.

7.5 App Feedback with Photos

Users may submit app feedback, including photos. To ensure privacy and data minimization, users are strictly requested to avoid including identifiable faces, vessel names, registration numbers, house numbers, personal documents, or any other unique features that could facilitate the direct or indirect identification of the user or third parties. This data is stored for a limited period to enable SourceFlow AI to analyze errors and improve the app. Users warrant that the photos they submit do not infringe on any third-party personality rights, copyrights, or other rights.

7.6 Trip-Story Feedback

Users may submit feedback on a trip story, consisting of a rating and, optionally, a comment. Only the rating, any comment, and the associated trip and story identifiers are transmitted to SourceFlow AI so that it can review the feedback and improve the trip-story feature; the trip story itself, including its underlying recording, photos, and videos, is not uploaded. This feedback is stored for a limited period. To ensure data minimization, users are requested to avoid including any information that could directly or indirectly identify them or third parties.

7.7 Requirements for User Content

Users warrant that their user content:

7.8 Responsibility for User Content

Each user is solely responsible for their user content. SourceFlow AI does not conduct any general prior review of user content. SourceFlow AI has no obligation to actively monitor or proactively search for illegal content within the scope of the statutory liability exemptions for hosting services.

8. Rights to User Content

8.1 Retention of Rights by the User

The rights to user content posted by users, in particular copyrights and other intellectual property rights, remain with the user or the respective rights holders. SourceFlow AI does not acquire any ownership rights to this content through the transmission of user content.

8.2 License to Use Shared Routes, Locations, Route Feedback, App Feedback, and Trip-Story Feedback

By submitting shared routes, locations, route feedback, app feedback, and trip-story feedback, the user grants SourceFlow AI a simple, non-exclusive, geographically unrestricted license, valid for the duration of storage, to store, reproduce, transmit, and display this content to the extent necessary for the operation of the app. This includes, in particular, the technical provision of the sharing feature as well as the creation of backup copies.

In accordance with Article 16(4) of Directive (EU) 2019/770, SourceFlow AI shall, upon request, provide the User with their User Content in a machine-readable format within a reasonable timeframe after the termination of the user relationship, unless such content is exempt under the Directive.

8.3 Extended License for Location Reviews

By submitting a location review, including any accompanying photos, the user grants SourceFlow AI a simple, non-exclusive, geographically unrestricted, and indefinite license to store, reproduce, display within the app, use for the further development of app features, and technically process this content. Location reviews will not be used outside the app for promotional purposes without the user’s express consent.

8.4 Limitation of Licenses

The licenses granted in Sections 8.2 and 8.3 do not extend beyond what is necessary for the operation, display, technical optimization, and backup of the app, unless expressly provided otherwise in Section 8.3.

8.5 Termination of Licenses

The licenses under Section 8.2 expire upon the permanent deletion of the relevant content or the user account, provided that no statutory retention obligations or technically necessitated storage periods preclude this. The license under Section 8.3 expires upon the permanent deletion of the relevant location review by the user or by SourceFlow AI.

9. Prohibited Uses

9.1 General Prohibition on Misuse

Users agree to use the app exclusively for its intended purpose and in accordance with these Terms of Use, applicable laws, and the rights of third parties.

9.2 Prohibited Actions

In particular, the following is prohibited:

10. Third-Party Components and License Notices

The app contains data and technical components from third-party providers that are subject to their respective license terms. These Terms of Use do not grant any intellectual property rights to these third-party providers beyond what is permitted by the respective licenses. When users share routes, locations, or other content via the app’s sharing features, the license granted in Section 8 is subject to any third-party licenses that apply to the underlying data and does not take precedence over them.

10.1 OpenStreetMap

The app uses data from OpenStreetMap. © OpenStreetMap contributors. The data is provided under the Open Database License (ODbL) 1.0. OpenStreetMap data is used as a source for (a) the base map rendered on Android via Mapbox, (b) the bundled dataset of places and points of interest on both platforms, and (c) the coastline and land geometry from which the 300-meter safety zone, the coastal radar, the downloadable area packs, and the land and sea areas shown in the high-contrast map style are derived. The coastline geometry, the place dataset, and the area packs are derivative works or databases licensed under the ODbL. Any extraction or redistribution of these datasets outside the app remains subject to the ODbL, including the attribution and sharing obligations contained therein.

10.2 osmdata.openstreetmap.de (Coastline Data)

The app uses coastline data derived from OpenStreetMap data, which is provided via osmdata.openstreetmap.de. © OpenStreetMap contributors. This data is also subject to the Open Database License (ODbL) 1.0. The use of this data within the app is governed by the license granted to the user under these Terms of Use; any extraction or redistribution outside the app is subject to the terms of the ODbL.

10.3 Mapbox (Android)

On Android devices, map tiles and the Maps SDK from Mapbox are used. Use is subject to the Mapbox Terms of Service. The required attribution information for Mapbox and OpenStreetMap can be accessed via the attribution control on the map.

10.4 Apple MapKit (iOS)

On iOS devices, map tiles, search, and geocoding are provided by Apple MapKit. Use is subject to Apple’s Developer Terms.

10.5 Croatian Meteorological and Hydrological Service

Weather forecast data (wind, precipitation, temperature) is obtained from the Croatian Meteorological and Hydrological Service (Cro. Državni hidrometeorološki zavod, DHMZ). The data is reused under the Open License of the Republic of Croatia (for high-quality meteorological datasets under Creative Commons Attribution 4.0), in accordance with Directive (EU) 2019/1024 on open data and the reuse of public sector information. DHMZ is identified as the data source on the app’s weather screens. The weather data is provided for informational purposes only.

10.6 RevenueCat

Subscriptions are managed by RevenueCat in accordance with its Terms of Service.

10.7 Google Play Services (Android) and Apple Platform Services (iOS)

The app uses Google Play Services (Android) and Apple Platform Services (iOS) in accordance with their respective terms of service.

11. Moderation and Removal of Content

11.1 General Principle

Content posted by users in the app must comply with mandatory legal regulations, the rights of third parties, and these Terms of Use. SourceFlow AI is not obligated to proactively and comprehensively review user content for legality, but is entitled to conduct voluntary reviews and take appropriate action.

11.2 Reporting Illegal Content

Users and third parties may report content that they believe to be illegal or in violation of these Terms of Use by emailing info@sourceflow.ai. A report should include a description of the content in question, precise identification of the content, and a justification including any available evidence for the alleged illegality. Incoming reports will be reviewed within a reasonable time, and the reporting party and the affected user will be notified of the outcome in an appropriate manner.

11.3 Available Measures

In the event of violations of mandatory legal provisions, third-party rights, or these Terms of Use, SourceFlow AI may take the following measures: issuing a warning to the user; requesting that the user modify or remove content; removing, blocking, or hiding content that is unlawful or in breach of these Terms of Use. When selecting a measure, SourceFlow AI takes into account the severity and frequency of the violation as well as the legitimate interests of the affected user and upholds the principle of proportionality.

12. Availability and Further Development of the App

12.1 Reasonable Availability

SourceFlow AI strives to ensure the highest possible technical availability of the app and the associated server services. However, there is no guarantee that the app will operate without interruption, be error-free, or be fully available at all times. In particular, the app depends on the availability of GPS signals, cellular connections, and third-party data sources, over which SourceFlow AI has no control. Mandatory legal obligations regarding provision and updates to consumers remain unaffected.

12.2 Maintenance and Updates

Maintenance work, updates, security measures, and technical malfunctions may lead to temporary interruptions or limitations in the app’s functionality. SourceFlow AI is entitled to temporarily suspend operations for the purposes of updating, maintenance, or security, provided this is done within reasonable limits. To the extent required by law, SourceFlow AI will provide consumers with the updates necessary to maintain compliance with the terms of the contract.

12.3 Further Development and Changes

SourceFlow AI is entitled to further develop, modify, supplement, or discontinue features of the app, provided there is a valid reason for doing so, such changes do not significantly impair the core usability of the app, and they are reasonable in light of users’ interests. Users’ mandatory statutory rights, particularly with regard to the provision of digital products for a fee, remain unaffected by this provision. In the event of significant changes to the scope of functionality that may have a substantial impact on existing users, the affected users will be informed in an appropriate and timely manner; to the extent required by law, consumers are entitled to a right of termination in such cases.

12.4 Technical Requirements

Use of the app requires a compatible iOS or Android device and, for online features, internet access. It is the user’s responsibility to maintain their device in a condition suitable for using the app and to install the latest versions of the app.

13. Contract Term and Termination

13.1 Contract Term

The user relationship for the app’s free core features exists as long as the app is installed on and used on the user’s device. It begins with the first download or the first time the app is launched. For Pro subscriptions, the subscription term purchased applies.

13.2 Termination by the User

The user may terminate the user relationship at any time and without providing a reason by uninstalling the app. Since the app does not use a user account, deleting the account is not required to terminate the user relationship. If the user wishes to request the deletion of data stored under their RevenueCat user ID, they may do so by submitting a written request to SourceFlow AI (info@sourceflow.ai ) or via the in-app feedback feature. Users understand that uninstalling the app does not automatically cancel active Pro subscriptions billed via Apple or Google; such cancellations must be managed through the respective platform's subscription settings.

13.3 Termination by SourceFlow AI

SourceFlow AI may terminate access to the app or to individual services with reasonable notice. Termination of active and compliant user accounts shall occur only for objective reasons.

13.4 Extraordinary Termination

The right to terminate the agreement for cause remains unaffected. For SourceFlow AI, cause exists in particular if the user has materially breached these Terms of Use; the user harms, deceives, or harasses other users; the user uses the app for unlawful purposes; or an immediate suspension is necessary for security or legal reasons. In the event of termination for good cause, SourceFlow AI will notify the user prior to termination and give the user the opportunity to remedy the violation, provided this is reasonable under the circumstances.

13.5 Special Provisions for Active Pro Subscriptions

SourceFlow AI will not terminate an active, paid Pro subscription before the end of the paid period without good cause. If good cause exists, SourceFlow AI will refund the prorated amount for the remaining unused period, to the extent that this can be processed through the respective app store. Mandatory statutory refund claims remain unaffected.

13.6 Provisions That Remain in Effect

Sections 3 (Security Notice), 7 (User Content), 8 (Rights to User Content), 9 (Prohibited Uses), 10 (Third-Party Components), 14 (Warranty), 15 (Liability), 16 (Indemnification), and 17 (Rights to the App), as well as all other provisions that, by their nature, are intended to survive the termination of the user relationship, shall remain in effect even after the termination of the user relationship.

14. Warranty

14.1 Warranty for Consumers

If Pro features are provided as digital content or digital services for a fee, the statutory warranty rights under the applicable mandatory provisions of Croatian, (in particular the national implementation of Directive (EU) 2019/770) apply. These rights are not excluded or limited by these Terms of Use.

14.2 Characteristics and Risk Disclosures

The app is a auxiliary navigation aid. The characteristics and limitations described in Section 3 (in particular, the absence of bathymetric data, possible inaccuracies in GPS, weather, and third-party data, and the app’s unsuitability as a primary navigation tool) describe the agreed-upon quality and the intended use of the app. They do not constitute a warranty or a disclaimer of liability; the App’s conformity with the contract is assessed according to statutory standards, taking this quality into account.

14.3 Limitation of Liability Toward Business Entities

With respect to business users, SourceFlow AI is liable only for defects fraudulently concealed in connection with features provided free of charge. In all other respects, the warranty for business users is governed by statutory provisions, provided that the statute of limitations for warranty claims is one year, to the extent permitted by law. The liability provisions in Section 15 remain unaffected.

14.4 No Warranty Beyond That Required by Law

To the extent that SourceFlow AI does not provide an express warranty, SourceFlow AI does not warrant that the information displayed in the app—in particular, distance from the coast, GPS position, speed, weather forecasts, route suggestions, or downloaded area data—is at all times correct, complete, up-to-date, or suitable for any purpose beyond navigation assistance, beyond the contractual conformity required by law. The mandatory statutory warranty rights under Section 14.1 remain unaffected.

15. Liability

15.1 Liability for Intent, Gross Negligence, and Personal Injury

SourceFlow AI is liable without limitation

An exclusion or limitation of liability is not permitted in these cases under the applicable law of the Republic of Croatia, the Federal Republic of Germany, and the Republic of Austria, and is expressly not agreed upon.

15.2 Liability for Slight Negligence

In the event of a breach of a material contractual obligation due to slight negligence, SourceFlow AI’s liability is limited to the amount of damage typical for the contract and foreseeable at the time the contract was concluded. Material contractual obligations are those obligations whose fulfillment is essential for the proper performance of the contract, on whose compliance the user may regularly rely, and whose breach jeopardizes the achievement of the purpose of the contract. Otherwise, liability for slight negligence is excluded.

15.3 Liability toward Consumers

With respect to consumers, liability for slight negligence shall not be limited beyond the extent permitted under the applicable mandatory consumer protection provisions. In particular, any limitation or exclusion of liability for personal injury, as well as for intentional acts and gross negligence, shall be invalid and shall not apply to consumers. The monetary limit provided for in Section 15.4 applies to consumers only to the extent that the maximum amount specified therein is not less than the foreseeable damage typical for the contract; otherwise, the limitation to the foreseeable damage typical for the contract pursuant to Section 15.2 shall apply.

15.4 Limit on Amounts with Respect to Business Entities

With respect to business entities, liability for the slightly negligent breach of material contractual obligations is limited per claim to the foreseeable damage typical for the contract, but not exceeding the higher of the following amounts: (a) the total amount paid by the user to SourceFlow AI through in-app purchases in the twelve months prior to the event giving rise to the damage, or (b) one hundred euros (100.00 EUR). This limitation does not apply in the cases specified in Section 15.1 (intent, gross negligence, personal injury, warranty, fraud, product liability).

15.5 Navigation Decisions Made at the User’s Own Risk

The app does not replace the user’s independent operation of the watercraft. To the extent that the user incurs damages as a result of relying solely on the app in deviation from the safety instructions in Section 3 and failing to conduct the required independent verification (in particular using official nautical charts, an echo sounder, and proper watchkeeping), this shall be taken into account when assessing liability under applicable law; the user’s contributory negligence will be taken into account in accordance with statutory provisions. SourceFlow AI’s liability under Sections 15.1 through 15.4 remains unaffected in all other respects.

15.6 Mandatory Statutory Liability Provisions

Mandatory statutory liability provisions, in particular those of Croatian contract law (Cro. Zakon o obveznim odnosima), German law (in particular Sections 309(7) and 307 of the German Civil Code (BGB) and the Product Liability Act), and Austrian law (in particular Section 6 of the Austrian Consumer Protection Act (KSchG) and the Product Liability Act), remain unaffected in any case. To the extent that any provision of this Section 15 is incompatible with mandatory law, it shall apply only to the extent permitted by the applicable law.

16. Indemnification

The user shall indemnify SourceFlow AI, as well as its managing directors, employees, and licensors, against all justified claims by third parties arising from a culpable breach of the user’s obligations under these Terms of Use, from unlawful user content, from a use of the app in breach of the contract, or from unlawful navigation decisions made by the user. The indemnification obligation also includes reimbursement of necessary and reasonable legal defense costs, to the extent that the user is responsible for the breach of duty. With respect to consumers, the indemnification obligation applies only to the extent that the consumer is responsible for the underlying breach of duty; otherwise, mandatory consumer protection provisions remain unaffected.

17. Rights to the App

17.1 Rights of SourceFlow AI

All rights to the app, including its source code, design, routing algorithms, databases, user interfaces, graphics, logos, text, and other components, are held by SourceFlow AI d.o.o. or the respective licensors, unless otherwise specified. This content is protected by copyright, database protection law, trademark law, and other intellectual property rights.

17.2 Users’ Right of Use

Users are granted solely a personal, non-exclusive, non-transferable, and revocable license to install and use the app for its intended purpose in accordance with these Terms of Use. No further rights of use are granted.

17.3 Prohibited Actions

Without the express written consent of SourceFlow AI, it is prohibited to copy, reproduce, replicate, distribute, make publicly available, decompile, resell, or otherwise use any content or components of the App beyond its intended use, unless expressly permitted by applicable law.

18. Changes to the Terms of Use

18.1 Right to Amend

SourceFlow AI is entitled to subsequently amend or supplement these Terms of Use if there is an objective reason to do so. Objective reasons include, in particular, changes to the legal framework or to the case law of the highest courts, new or modified features of the app, security-related measures, technical advancements, or the introduction of new services.

18.2 Notification of Changes

Users will be notified of planned changes in an appropriate manner—in particular via a notification within the app or by email—at least two weeks before the planned effective date. The notification will include details of the planned changes, as well as information regarding the user’s right to object and the option to terminate the agreement. If a consumer does not agree with the amended Terms of Use, the consumer has the right to unilaterally terminate the contract free of charge before the changes take effect.

18.3 Material Changes

In the event of material changes to the Terms of Use, the users’ express consent is required. In this case, SourceFlow AI will explicitly state in the notification the need for active consent and give the user the opportunity, within the notice period, to grant their consent or reject the changes. If the user does not give their consent, they are entitled to terminate the user relationship free of charge as of the effective date of the changes by uninstalling the app. In cases of doubt, particularly with regard to consumers, changes will be treated as material.

18.4 Non-Substantial Changes

In the event of minor changes to the Terms of Use, SourceFlow AI will expressly inform the user in the notice that the user’s silence after the expiration of the notice period will be deemed consent if the user does not object to the change within the specified period. SourceFlow AI will separately and prominently highlight this legal consequence, the right to object, and the option to terminate the user agreement free of charge in the notice. This presumption of consent does not apply to the extent that mandatory statutory provisions require express consent.

18.5 Current Pro Subscriptions

For active Pro subscriptions, the terms and conditions in effect at the time of purchase shall remain valid until the end of the paid period. Changes to the Terms of Use that would result in a material change in services or an increase in fees require the user’s express consent.

19. Final Provisions

19.1 Jurisdiction

For all legal disputes arising from this contractual relationship, the place of jurisdiction is agreed to be the registered office of SourceFlow AI d.o.o. in Zagreb, Croatia.

19.2 Place of Performance

The place of performance is the registered office of SourceFlow AI d.o.o. in Zagreb, unless otherwise agreed. For consumers, the place of performance is governed by statutory provisions.

19.3 Governing Law

The law of the Republic of Croatia shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the user is a consumer, this choice of law shall not deprive the user of the protection afforded by the mandatory provisions of the law of the country in which the user has his or her habitual residence (Art. 6(2) of Regulation (EC) No. 593/2008, Rome I).

19.4 Severability Clause

Should any individual provisions of these Terms of Use be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. With respect to consumers, an invalid provision shall be replaced by the applicable statutory provision.

19.5 No Assignment

Users may not transfer rights and obligations arising from the user relationship to third parties without the prior written consent of SourceFlow AI. SourceFlow AI is entitled to assign rights and obligations arising from the user relationship to third parties, provided that this is reasonable for the user and does not disproportionately impair material user interests; in this case, consumers have the right to terminate the agreement to the extent provided by law.

19.6 No Waiver

If SourceFlow AI does not exercise, or does not fully exercise, a right to which it is entitled under these Terms of Use or by law, this shall not constitute a waiver of that right for the future.

19.7 Written Form Requirement

Any ancillary agreements, amendments, or supplements to these Terms of Use must be in writing to be effective, unless a stricter form is expressly required for certain actions. Individual agreements between the parties take precedence over these Terms of Use.

19.8 Entire Agreement

These Terms of Use, together with the Privacy Policy and the respective platform terms of Apple or Google, constitute the entire agreement between the User and SourceFlow AI with respect to the App.

19.9 Contract Language

The language of the contract is English. Any other language versions are provided solely for convenience. In the event of any inconsistencies, ambiguities, or discrepancies between the language versions, the English version shall prevail, unless mandatory consumer protection laws require otherwise.

19.10 Dispute Resolution

SourceFlow AI is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board, unless there is a legal obligation to do so.