Terms of Service

1. Eligibility and Account Registration

You must be at least 13 years of age to use M•barq (or 16 in certain EEA member states where a higher minimum applies). By creating an account, you represent that you meet the applicable minimum age requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

You agree to provide accurate, complete, and current information when registering. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account. If you suspect unauthorized access to your account, notify us immediately at support@cruisembarq.com.

2. Description of Service

M•barq is a cruise tracking and memory journal application that allows users to log, organize, and review their cruise history, including itineraries, journal entries, photos, crew members, costs, and ratings. A free tier and optional premium subscription are available. Features are subject to change as the Service evolves.

3. Subscriptions and Billing

M•barq offers an optional premium subscription with additional features. By subscribing, you authorize us to charge the applicable subscription fee to your payment method via Stripe on a recurring basis. Prices are displayed in USD and may be subject to applicable taxes based on your location (including GST in Australia and VAT in the EU).

You may cancel your subscription at any time from your Settings page. Cancellation takes effect at the end of your current billing period; you retain access to premium features until that date. We do not provide prorated refunds for partial billing periods, except where required by applicable law.

Australian Consumer Law: Under the Australian Consumer Law, consumers are entitled to a remedy (including a refund) for services with a major failure. Nothing in these Terms limits those statutory guarantees.

EU Consumer Rights Directive: If you are a consumer in the EU, you may have a 14-day right of withdrawal from a subscription. By accessing premium features before the 14-day period expires, you expressly request that performance begin immediately and acknowledge that your right of withdrawal is limited accordingly.

4. User Content

You retain full ownership of the content you create and upload to M•barq, including journal entries, photos, cruise data, and any other materials ("User Content"). By submitting User Content, you grant M•barq a limited, non-exclusive, royalty-free license to store, display, and process your content solely for the purpose of operating and delivering the Service to you.

You are solely responsible for your User Content. You represent and warrant that your content does not infringe on the intellectual property rights of any third party and does not violate any applicable law or these Terms. We reserve the right to remove content that violates these Terms.

5. Acceptable Use

You agree not to use M•barq to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe on the intellectual property or privacy rights of others
• Upload or transmit harmful, offensive, defamatory, or illegal content
• Attempt to gain unauthorized access to any part of the Service or other users' accounts
• Reverse engineer, decompile, or otherwise attempt to derive the source code of M•barq
• Use automated scripts, bots, or scrapers to access the Service
• Interfere with or disrupt the integrity or performance of the Service
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Collect or harvest any personal information from other users without their consent

6. Intellectual Property

All content, features, and functionality of M•barq that is not User Content, including but not limited to the logo, design, code, graphics, and text, is owned by M•barq and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on any part of the Service without our explicit written permission.

7. Privacy and Cookies

Your use of M•barq is governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood these policies.

8. Third-Party Services

M•barq integrates with Google (OAuth sign-in), Supabase (data storage and authentication), Vercel (hosting), Resend (transactional email), and Stripe (payment processing). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of any third-party services.

9. Disclaimers

M•barq is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

These disclaimers do not apply to the extent that applicable law (including Australian Consumer Law and EU consumer protection legislation) does not permit such exclusions.

10. Limitation of Liability

To the fullest extent permitted by law, M•barq shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, including loss of data. Our total liability to you for any claim shall not exceed the greater of the amount you paid us in the twelve months preceding the claim or USD $100.

Australian users: Our liability for a failure to comply with a consumer guarantee under the Australian Consumer Law is limited, where permitted, to resupplying the services or paying the cost of having them resupplied. This limitation does not apply to a major failure.

EU users: Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under applicable EU law.

11. Indemnification

You agree to defend, indemnify, and hold harmless M•barq and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Service or your violation of these Terms.

12. Account Termination

You may close your account at any time from the Settings page. Upon account deletion, your personal data will be permanently removed from our active systems within 30 days, subject to any legal retention obligations.

We reserve the right to suspend or permanently terminate your account if we determine that you have violated these Terms or if your use of the Service poses a risk to other users or the integrity of the platform. Where required by law, we will provide reasonable notice and an opportunity to remedy the breach before terminating. Termination does not relieve you of obligations incurred prior to termination.

13. Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will make reasonable efforts to provide advance notice of significant changes that affect paid subscribers. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service, except where required by law.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States, without regard to conflict of law principles, except as required by the mandatory consumer protection laws of your country of residence.

We encourage you to contact us first at support@cruisembarq.com to resolve any dispute informally. For unresolved disputes, we and you agree to attempt non-binding mediation before pursuing formal proceedings.

EU users: If you are a consumer in the EU, you may also use the European Commission's Online Dispute Resolution platform. Nothing in these Terms prevents you from bringing a claim before the courts of your country of residence under mandatory consumer protection laws.

Australian users: You may bring a claim before the Australian Competition and Consumer Commission (ACCC) or your state or territory consumer protection agency. Nothing in these Terms limits your rights under Australian Consumer Law.

15. Accessibility

We are committed to making M•barq accessible to all users. For details about our accessibility features and how to report accessibility issues, see our Accessibility Statement.

16. Changes to These Terms

We may update these Terms from time to time. We will notify users of material changes by updating the "Last updated" date and, where appropriate, by email notification. Where required by law, we will obtain your consent to material changes. Your continued use of M•barq after changes take effect constitutes your acceptance of the revised Terms.

17. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and M•barq regarding your use of the Service and supersede any prior agreements on the same subject matter. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

18. Contact Us

If you have any questions about these Terms, please contact us at support@cruisembarq.com.