Nauti360 Terms of Service

1. Who these terms are between

Nauti360 (the "Service") is provided by American Precision Industries, LLC, a Florida limited liability company in Hialeah, Florida ("API", "we", "us"). These terms are an agreement between API and the boat builder, dealer or other business that uses the Service (the "Builder", "you"). The person who accepts these terms for a Builder confirms they are authorized to bind that business. Each person who uses the Service for a Builder (a "User") must follow these terms, and the Builder is responsible for its Users.

2. What the Service does

Nauti360 lets you upload 3D models of your boats, prepare them (tag parts, set the waterline and engine mounts), build option catalogs with colors, equipment and prices, publish an interactive 3D configurator, place it on your website, and receive build requests from your customers. We may improve, change or retire features over time. We'll give at least 30 days' notice before removing a feature you rely on, unless we must act sooner for security or legal reasons.

3. Accounts and access

• Your company's owner manages your team: who has access, their role, where build requests are sent, and acceptance of these terms. Editors work on your boats and catalogs. Keep at least one owner on your account.
• Accounts are for named individuals. Don't share passwords. Keep your contact details current and tell us right away at info@myamericanprecision.com if you suspect someone has accessed your account without permission.
• Remove people who no longer work for you. You're responsible for what happens under your company's accounts.

4. Your content

You own your content. "Your Content" means the 3D models, drawings, photos, logos, names, specifications, prices, catalog text and other material you upload or create in the Service, and the build requests your customers send you.

You give API a non-exclusive, worldwide, royalty-free license to host, store, copy, convert, simplify, optimize, render and display Your Content, and to make modified versions of your models (for example, lighter web versions), only to provide the Service to you and to the visitors of your published configurators. This license ends when Your Content is deleted from the Service, except for copies kept in backups for the period described in section 13, and except for configurators you've published that remain cached by visitors' browsers for a short time.

We will not sell Your Content, give your models to other builders, or use your models, catalogs or prices to build products or services for anyone else. API staff access Your Content only to process your files, provide support you ask for, keep the Service secure, or comply with law. We may use statistics that don't identify you or your boats (for example, average processing times) to run and improve the Service.

We'll only name you as a Nauti360 customer or show your boats in our marketing with your written permission.

5. Your responsibilities for your content

• You have all rights needed to upload and publish Your Content, including models, logos and product images that belong to others such as engine, electronics or equipment manufacturers.
• Your published configurators are your offering to your customers. You're responsible for the accuracy of prices, specifications, options and availability you publish, and for any offer, quote or sale you make.
• 3D renderings are visual approximations. Colors, materials, equipment, scale and appearance may differ from the actual boat. The configurator shows this notice to visitors; you agree not to remove it or present renderings as exact.
• Your Content must not be unlawful, misleading, or infringe anyone's rights, and must not contain malware.

6. Your customers and their requests

When a visitor sends a build request through your configurator, we deliver it to the email addresses your owner sets. From then on, you are responsible for how you use and protect that information, and you must follow the laws that apply to contacting people, including those on email, calls and text messages (such as CAN-SPAM and the Telephone Consumer Protection Act) and privacy laws. Your website, including any page where you place a configurator, should have its own privacy policy. Our Nauti360 Privacy Policy explains what we do with visitor information.

7. Acceptable use

You will not, and won't let anyone else:

• use the Service for anything unlawful, or to publish content you don't have rights to;
• try to get into accounts, boats or data that aren't yours, probe or break our security, or interfere with the Service;
• copy, scrape, reverse engineer or resell the Service or its software, or use it to build a competing product;
• upload files designed to harm systems, or send automated traffic or spam through configurators or build-request forms;
• remove the "Nauti360" attribution or the rendering notice from published configurators unless we agree in writing.

We may set reasonable limits on file sizes, storage, the number of boats and traffic, and will tell you before applying a limit that affects your plan.

8. Fees

Your plan and fees are set out in your order, invoice or plan confirmation. Nauti360 may be included at no extra charge for builders who buy American Precision Industries products, as described in your plan, and we may end that inclusion with 60 days' notice, after which the then-current subscription price applies if you keep using the Service. Unless your order says otherwise: subscription fees are billed in advance, are non-refundable for the current period, and don't include taxes, which you pay. We may change prices with at least 30 days' notice, effective at your next billing period. If an invoice is more than 15 days late, we may pause your account after notifying your owner.

9. Our property

The Service, including its software, configurator, editors, processing tools, generic 3D assets (such as the generic outboard engine), designs and documentation, belongs to API and our licensors. These terms give you a limited, non-exclusive, non-transferable right to use the Service for your business while your account is active. If you send us suggestions, we may use them without obligation to you.

10. Third-party services

We run the Service on Microsoft Azure and use other providers for email delivery and bot protection. Engine, electronics and equipment models from other manufacturers are shown only when the rights holder permits it. We aren't responsible for third-party websites where you place your configurator.

11. Availability and support

We work to keep the Service available and secure and to back up your data, but we don't promise uninterrupted service unless we agree to a service level in writing. We may carry out maintenance, preferably outside U.S. business hours. Support is by email at info@myamericanprecision.com during our business hours.

12. Confidentiality and security

Unpublished models and catalogs are confidential. We protect them with access controls, encryption in transit and at rest, and logging, and we'll tell your owner without undue delay if we learn of a security incident that affects Your Content. Published configurators are public by design: anyone with the link or visiting a page where you placed it can view the published boat, and determined visitors can extract web-ready 3D data from what their browser downloads. Don't publish anything you need to keep secret.

13. Suspension, ending the agreement, and your data

• You can stop using the Service at any time and ask us to close your account. Either party may end this agreement with 30 days' written notice.
• We may pause your account, including taking published configurators offline, if you seriously breach these terms, don't pay overdue fees after notice, or if it's needed to prevent harm or comply with law. We'll tell your owner why and restore access once the issue is resolved.
• When the agreement ends, your published configurators stop working. For 30 days you can ask us for an export of your catalogs; after that we delete Your Content from the Service. Copies in backups are deleted on our normal backup cycle, within 90 days, unless the law requires us to keep them.

14. Disclaimers

Except as expressly stated in these terms, the Service is provided "as is" and "as available", and API disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Processed models are visual representations and are not engineering, manufacturing or regulatory data.

15. Limits on liability

To the extent the law allows: neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, sales or data, even if told they were possible; and each party's total liability arising from these terms is limited to the fees you paid API for the Service in the 12 months before the claim, or $500 if you paid nothing. These limits don't apply to your payment obligations, your obligations in section 16, or a party's gross negligence, willful misconduct or fraud.

16. Claims about your content

You will defend API against any third-party claim that Your Content, or your use of build requests, infringes someone's rights or breaks the law, and pay the damages and reasonable costs finally awarded or agreed in settlement, as long as we tell you promptly about the claim, let you control the defense and settlement, and cooperate reasonably.

17. Changes to these terms

We may update these terms. We'll notify your owner by email and in the Service at least 30 days before a material change takes effect, and your owner will be asked to accept the new version. If you don't agree, you can stop using the Service before the change takes effect.

18. General

These terms are governed by the laws of the State of Florida and the United States, without regard to conflict-of-laws rules. The state and federal courts in Miami-Dade County, Florida have exclusive jurisdiction, and each party consents to them. Neither party may assign these terms without the other's consent, except to a successor of its business. If any part of these terms can't be enforced, the rest stays in effect. A signed order or written agreement with API controls over these terms where they conflict. These terms, together with your order and our Privacy Policy, are the entire agreement about the Service.

Contact

American Precision Industries, LLC · Hialeah, Florida · info@myamericanprecision.com