DryDocked Field
Terms and Conditions
End-User Licence Agreement and Terms of Service for the DryDocked Field iOS application (iPhone + iPad).
Vessel Handoff, Damage-Defence and Insurance-Claim Evidence OS for iPhone and iPad.
Prove the condition. Defend the yard.
DOCUMENT
DryDocked Field — Terms and Conditions
STRUCTURE
Master Terms + Schedule A (App Schedule)
VERSION
1.0
EFFECTIVE
2026-06-01
OPERATOR
ML Consulting MB · Legal entity code 306991112
JURISDICTION
Republic of Lithuania
DISTRIBUTION
Apple App Store · iOS, iPadOS (offline-first)
USER PROFILE
Business User (B2B) — marinas, yacht service yards, superyacht specialists, multi-yard operators
BILLING CHANNEL
Direct Channel (Order Form) for all tiers
WEBSITE
SUPPORT
support+drydocked@mlconsulting.lt
Contents
What is in this document.
PART I — MASTER TERMS AND CONDITIONS
1. Agreement and Parties
2. Apps Covered and Per-App Schedules
3. Eligibility and Intended Users
4. Definitions
5. Licence to Use the App
6. What the App Does, and What It Does Not Do
7. Accounts and Security
8. Your Data and Permitted Use by Us
9. Privacy and Data Protection
10. Subscriptions, Billing and App Store Rules
11. Direct Billing for the App
12. Acceptable Use
13. AI / ML Features and Probabilistic Outputs
14. Intellectual Property
15. Updates, Availability and Support
16. Suspension and Termination
17. Consumer Rights
18. Disclaimers
19. Limitation of Liability
20. Indemnity for Business Users
21. Governing Law and Disputes
22. Changes to this Agreement
23. General
24. Apple-Required Terms
25. Precedence — Schedules and Order Forms
PART II — SCHEDULE A · DRYDOCKED FIELD
A1. App-Specific Definitions
A2. Description of DryDocked Field
A3. Yard Operator Responsibilities
A4. Workers, Technicians and Operator Reliability Scores
A5. Owner Approvals, Apple Pencil Signatures and No Legal-Contract Status
A6. Insurance Claims and Insurer-Aligned Templates
A7. Damage Defence, Dispute, Storm and Other Packs
A8. AI-Assisted Features and Photo Classification
A9. WeatherKit, Live Activities and Live Data
A10. Specific Prohibited Uses
A11. Plans, Billing and Liability
A12. Operational Contact Points
Preliminary Notice
Read together with Schedule A — DryDocked Field App Schedule.
READ THIS — MASTER TERMS + SCHEDULE A.
These Terms and Conditions apply whenever you download, install, sign in to, subscribe to or otherwise use the DryDocked Field iOS / iPadOS application (“DryDocked Field” or the “App”) published by ML Consulting MB on the Apple App Store, including any browser-accessible owner-approval or insurer-share links it generates. The Master Terms (Part I) apply to every iOS / iPadOS application we publish; Schedule A (Part II) addresses DryDocked Field-specific definitions, plan tiers, data warranties, AI feature scope, insurance and regulatory carve-outs and liability adjustments. Where Schedule A expressly modifies a provision of the Master Terms, Schedule A prevails for DryDocked Field only (section 25).
This Agreement is concluded between you and ML Consulting MB, a Lithuanian small partnership (legal entity code 306991112) registered in Lithuania (“ML Consulting”, “we”, “us”, “our”). Apple Inc. (“Apple”) is not a party to this Agreement; Apple and its subsidiaries are third-party beneficiaries of the Apple-required terms in section 24.
DryDocked Field is premium enterprise software intended for business users (B2B) — marinas, yacht service yards, superyacht specialists, multi-yard operators and the technicians, coordinators and front-desk staff they invite — subscribed under a written Order Form (Direct Channel). Vessel owners who sign an intake on the iPad, receive a Damage Defence Pack or open an external share link interact with DryDocked Field as third parties of the Yard Operator.
PART I
Master Terms and Conditions
1
Agreement and Parties
Who is bound, by what, and from when.
1.1. These Master Terms and Conditions (the “Agreement”) form a binding contract between you and ML Consulting MB, a Lithuanian small partnership with legal entity code 306991112, website mlconsulting.lt, support email support+drydocked@mlconsulting.lt (“ML Consulting”, “we”, “us”, “our”). They govern your download, installation and use of the DryDocked Field iOS / iPadOS application we publish on the Apple App Store (the “App”) and any related services we make available through the App or our website (including any owner-approval share links, insurer-pack share links, group quarterly report emails, and Insurer-Aligned Stand-by Service line).
1.2. By downloading, installing, creating an account, signing in, subscribing to, signing an owner approval on an iPad, opening an external share link, or otherwise using the App, you accept this Agreement and our Privacy Policy (published at https://mlconsulting.lt/privacy-policy). If you do not accept, do not use the App or its surfaces.
1.3. The App is supplemented by Schedule A (Part II of this document), which addresses App-specific definitions, plan tiers, data warranties, AI feature scope, insurance and regulatory carve-outs and liability adjustments. Where Schedule A expressly modifies a provision of these Master Terms, Schedule A prevails for the App only (section 25).
1.4. The App is distributed exclusively through the Apple App Store. External share links (owner approval, insurer pack, group report) are served by ML Consulting and reached via secure expiring links. This Agreement is between you and ML Consulting only. Apple is not a party. Your use of the App is also subject to Apple’s Media Services Terms and Conditions and Apple’s applicable Usage Rules. Apple-specific provisions are set out in section 24 (Apple-Required Terms).
1.5. The App is licensed, not sold. You acquire only the rights expressly granted to you in this Agreement and Schedule A.
2
Apps Covered and Per-App Schedules
The portfolio framework and the App Schedule that supplements these Master Terms for DryDocked Field.
These Master Terms apply to every iOS / iPadOS application published by ML Consulting MB on the Apple App Store. DryDocked Field is supplemented by Schedule A (Part II of this document). Additional Apps published by ML Consulting are listed at https://mlconsulting.lt/app-specific-schedules-hub.
2.1. Current App. DryDocked Field — a vessel handoff, damage-defence and insurance-claim evidence operating system for marinas, yacht service yards and superyacht specialists. Schedule A sets out App-specific definitions, plan tiers, prices, data warranties, AI feature scope, insurance and regulatory carve-outs and liability adjustments.
2.2. Future Apps. ML Consulting may publish additional Apps under these Master Terms by adding new App Schedules. Each new App Schedule takes effect on its Effective Date and applies only to the App it identifies.
2.3. Withdrawn Apps. If we discontinue the App, Schedule A ceases to apply prospectively, but the rights and obligations relating to your use of the App before withdrawal continue under the version of the Agreement in force at the time of that use.
2.4. No silent override across Apps. A provision of Schedule A applies only to DryDocked Field. References in any App Schedule to a regulatory regime, evidentiary standard, data warranty or liability cap do not propagate to other Apps. Cross-App contagion is excluded.
3
Eligibility and Intended Users
Who may use the App, and in what capacity.
3.1. Age. You must meet any age requirement set by the law of your country of residence. DryDocked Field is rated 4+ but is not designed for use by minors as the contracting party or as a worker.
3.2. Capacity. You represent that you have the legal capacity to enter into a binding contract.
3.3. Consumer or business user. DryDocked Field is offered for business use by marinas, yacht service yards, superyacht specialists, multi-yard operators and the workers, captains, brokers, insurers and auditors they invite (the “Yard Operator”, its authorised users, and third-party recipients). Vessel owners interact with DryDocked Field at intake (Apple Pencil signature) and via share links as third parties of the Yard Operator; they are not the contracting party for any Subscription.
3.4. Authority for business users. Where you establish a Workspace (the “Yard”), the individual creating the account or signing an Order Form represents and warrants that they are authorised to bind the Yard Operator, and that the Yard Operator will use the App in compliance with this Agreement and Schedule A.
3.5. Sanctions and export restrictions. You represent that you are not located in, controlled by, or a national or resident of any country subject to a comprehensive embargo by the European Union, the United States or the United Nations, and that you are not on any restricted-party list maintained by those authorities.
4
Definitions
Terms used throughout this Agreement.
Capitalised terms used in this Agreement have the meanings set out below. Additional capitalised terms used in respect of DryDocked Field are defined in Schedule A, clause A1.
Account — Your user identity in the App, established via Sign in with Apple or email magic-link.
Agreement — These Master Terms and Conditions, Schedule A (DryDocked Field App Schedule), the Apple-Required Terms (section 24), the Privacy Policy and the relevant Order Form.
Apple — Apple Inc. and its subsidiaries.
App — The DryDocked Field iOS / iPadOS application published by ML Consulting MB on the Apple App Store.
App Schedule / Schedule A — The schedule specific to DryDocked Field that supplements these Master Terms, set out in Part II of this document.
Business User — A natural or legal person using the App for purposes within their trade, business, craft or profession — in DryDocked Field, the Yard Operator.
Consumer — A natural person using the App for purposes outside their trade, business, craft or profession (Article 2(1) of Directive 2011/83/EU). DryDocked Field is not offered to Consumers as the contracting party (clause 3.3).
Customer Data — All data submitted by, or generated for, you through the App or any share link issued by it, including content you create, import or upload.
Direct Channel — Billing by ML Consulting under an Order Form (typically by invoice and bank transfer or external card payment), as opposed to App Store IAP. All paid DryDocked Field tiers are sold via the Direct Channel.
Order Form — A written or electronic ordering document signed or accepted by a Yard Operator that sets out the Plan, term, fees, limits and any agreed services.
Plan — A tier of access to the App offered by ML Consulting from time to time, as specified in Schedule A and the Order Form.
Privacy Policy — Our privacy notice published at https://mlconsulting.lt/privacy-policy.
Services — The App together with the cloud-based services accessed through it, including any associated website services and share-link surfaces.
Subscription — A paid (fixed-term or renewing) plan giving access to the App’s paid features.
Subscription Term — The period during which a Subscription is active.
Yard / Workspace — A tenant in DryDocked Field, scoped to a single Yard Operator and its authorised users.
Yard Operator / Workspace Owner — The legal entity identified in the Order Form as the account holder and data controller for Customer Data in DryDocked Field.
You / Your — The Yard Operator and any authorised user (including yard managers, service coordinators, technicians, front-desk staff, captains and external viewers) acting on its behalf, and any vessel owner who signs an intake or otherwise interacts with the App.
5
Licence to Use the App
What we grant you, and what you must not do.
5.1. Licence grant. Subject to your continuing compliance with this Agreement, ML Consulting grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on Apple-branded devices that you own or control, and to open any share link validly issued to you, in accordance with the Usage Rules in the Apple Media Services Terms and Conditions, solely for the purposes for which the App is made available.
5.2. Restrictions. You shall not, and shall not permit any third party to:
▪ copy, modify, distribute, rent, lease, sell, sublicence or commercially exploit the App, any share-link surface or any part of them, except as expressly permitted by this Agreement, Schedule A or mandatory law;
▪ reverse-engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code, non-public APIs, non-public algorithms, on-device CoreML models or non-public datasets of the Services, except to the extent applicable law (including Article 6 of Directive 2009/24/EC) expressly prohibits the foregoing restriction;
▪ circumvent any Plan limit, paywall, role check, rate limit, audit log, biometric gate or other technical protection measure;
▪ scrape, bulk-extract, reproduce or commercialise the App’s interface, outputs, datasets, Damage Defence Packs, Insurer-Aligned Packs, Owner Dispute Defence Packs, Storm Defence Packs, Multi-Season Vessel History Packs or other derived outputs outside personal or licensed use;
▪ interfere with the integrity, performance or security of the Services, attempt unauthorised access to other users’ data, forge or replay a share link, falsify a biometric or Apple Pencil signature, or transmit malicious code;
▪ use the Services in any way that may damage our reputation, Apple’s platform or other users.
5.3. Reservation of rights. All rights not expressly granted under this Agreement are reserved by ML Consulting and its licensors. No title, ownership or intellectual-property right in the App or the Services is transferred.
6
What the App Does, and What It Does Not Do
Operational evidence — not insurance, legal, surveyor or maritime advice.
6.1. Purpose. The App’s purpose is described in Schedule A, clause A2. Schedule A sets out what the App actually does.
6.2. Operational outputs, not guarantees. Where the App produces intake records, condition assessments, damage classifications, storm-preparation completeness checks, owner-approval audit trails, Operator Reliability Scores, AI-assisted drafts, Damage Defence Packs, Owner Dispute Defence Packs, Storm Defence Packs, Insurer-Aligned Packs, Spring Re-Commissioning Packs, Multi-Season Vessel History Packs, Group Quarterly Reports or any similar derived output, those outputs are deterministic or probabilistic operational records and are not insurance, legal, maritime, surveyor, regulatory, financial, broker, salvor or other professional advice.
6.3. The App is not, and shall not be relied on as:
▪ an insurance underwriter, insurance broker, claims adjuster or claims-decision authority — it does not bind any insurer, prescribe coverage, set premiums, accept or deny claims, or warrant the outcome of any claim;
▪ a marine surveyor, condition surveyor, valuer or appraiser — it does not survey, certify or value any vessel;
▪ a marina ERP, slip-reservation, billing, point-of-sale, accounting, payroll or maintenance-management system;
▪ a vessel-traffic-services, port-state-control, coast-guard or maritime-safety system;
▪ a salvage, wreck-removal, towage, casualty-management or emergency-response service;
▪ a legally binding e-signature, electronic-contract execution or notarisation system — owner approvals captured via Apple Pencil are operational acknowledgments, not legally enforceable signatures (clause A5);
▪ a substitute for any regulated record-keeping (including national vessel registers, port-state inspection records, ISM, ISPS or MLC records);
▪ an automated decision-making system within the meaning of Article 22 GDPR — see section 13.
6.4. Best-effort availability. The Services are provided on a best-effort basis. Where Schedule A or an Order Form sets a specific service-level commitment, that commitment governs and the corresponding remedies (typically service credits) are your exclusive remedy for unavailability, save for liability that cannot be excluded under mandatory law.
7
Accounts and Security
Authentication, credentials and account security.
7.1. Account creation. You must provide accurate and current information when creating an account. You are responsible for keeping your account information up to date.
7.2. Credentials. You are responsible for safeguarding your device, your Apple ID, your email account and any password you set within the App. We will not be liable for any loss arising from your failure to keep credentials secure, save where such loss results from our gross negligence or wilful misconduct, or where mandatory law provides otherwise.
7.3. Biometric gates. High-consequence operations (for example, finalising an Owner Approval, generating a Damage Defence Pack, issuing an Insurer-Aligned Pack, exporting an audit log) can be gated by Face ID / Touch ID via the iOS LocalAuthentication framework. The Yard Operator controls which operations require biometric reauthentication.
7.4. Suspected unauthorised access. If you believe your account, device or share link has been compromised, contact us at support+drydocked@mlconsulting.lt without undue delay.
7.5. One account per authorised user. Unless we agree otherwise in writing or Schedule A expressly permits, each authorised user holds one account per Workspace. Accounts are personal and not transferable.
7.6. Third-party authentication services. Where the App relies on Apple or other third-party services for authentication or storage, your access depends on those services and your settings. We are not responsible for third-party outages or restrictions outside our control.
8
Your Data and Permitted Use by Us
You own your data. We use it only to operate the Services.
8.1. Ownership. As between the parties, the Yard Operator retains ownership of all Customer Data submitted to or generated through the App or its share links.
8.2. Limited operational licence. You grant ML Consulting a worldwide, royalty-free, non-exclusive, non-transferable licence (with a sub-licence to our hosting and infrastructure providers, including our EU-hosted backend and Apple Inc. for App Store, APNs and platform services, strictly to provide the Services) to host, copy, transmit, display and process Customer Data solely to operate, secure, support and improve the Services and to comply with applicable law.
8.3. No sale; no AI training. We do not sell Customer Data. We do not use Customer Data for third-party advertising. We do not use Customer Data to train any third-party machine-learning model, except where you have given valid prior consent for a specific feature that is clearly described in the App and Schedule A.
8.4. On-device storage, offline-first and backups. The App is offline-first: intake captures, condition photographs, Apple Pencil annotations, voice memos, GPS pin-drops, storm-preparation records and signed owner approvals are captured on-device and synced when connectivity returns. If you delete the App, reset your device or fail to maintain a backup before sync, that data may be lost. You are responsible for maintaining exports and backups that matter to you, using the in-App export controls.
8.5. Accuracy and provenance of inputs. You are responsible for the accuracy, lawfulness and provenance of data you input, import or upload, including vessel identifiers (HIN, MMSI, IMO, registration), owner contact data, broker and insurer references, photographs, annotations, voice memos, GPS pin-drops and any data you copy from third-party sources. Schedule A imposes specific accuracy, attribution and lawful-basis warranties for intake captures, owner approvals and insurer-aligned pack contents.
9
Privacy and Data Protection
GDPR-aligned. Two roles — controller and processor. See the Privacy Policy.
9.1. Privacy Policy. Our processing of personal data is described in the Privacy Policy, which is incorporated into this Agreement by reference for the purpose of describing data processing.
9.2. Two roles. Depending on the data category:
(a) in respect of Account Data, Telemetry, Communications and Billing Data, ML Consulting acts as data controller under the GDPR. The Privacy Policy describes that processing.
(b) in respect of Customer Data within Workspaces (including technician personal data, vessel-owner personal data, captain / management contacts, insurer and broker contacts, and biometric-gated audit-log entries — see Schedule A, clause A4), the Yard Operator is the data controller and ML Consulting is the data processor under a Master Data Processing Agreement (“Master DPA”).
9.3. Apple’s role. Apple acts independently for App Store transactions, Apple ID services, Sign in with Apple, APNs push notifications and any iCloud / CloudKit storage. Apple’s processing is governed by Apple’s Privacy Policy, not by this Agreement or our Privacy Policy.
9.4. Your rights. Subject to applicable law, you may exercise rights of access, rectification, erasure, restriction, portability and objection, and withdraw consent where processing is based on consent. The Privacy Policy explains how. Workspace-controlled requests should generally be directed to the relevant Yard Operator first.
9.5. Permissions. The App may request access to camera and microphone (for intake / condition / damage / storm capture), location (When In Use for GPS-stamping captures), photos (optional, for attaching prior media), calendar (optional, EventKit follow-ups) and notifications (only when you enable push preferences in Settings). You can manage permissions in iOS settings. Certain features may not work if permissions are refused or withdrawn.
9.6. Data Protection Officer. ML Consulting is not currently required to designate a DPO under Article 37 GDPR. Privacy enquiries may be sent to support+drydocked@mlconsulting.lt.
9.7. Lithuanian supervisory authority. Our lead supervisory authority is the Lithuanian State Data Protection Inspectorate (Valstybinė duomenų apsaugos inspekcija, VDAI), L. Sapiegos g. 17, LT-10312 Vilnius, vdai.lrv.lt.
10
Subscriptions, Billing and App Store Rules
DryDocked Field is sold exclusively via the Direct Channel — no App Store auto-renewable subscriptions are offered by default.
10.1. Plans. DryDocked Field is sold as a B2B subscription under an Order Form. The full Plan structure is set out in Schedule A, clause A11. Plan features, limits, prices, currencies and renewal periods are set out in the Order Form. No App Store auto-renewable Subscription is offered by default; clauses 10.2–10.7 apply only if and when ML Consulting separately offers an App Store paywall sheet for a specific feature.
10.2. Apple as merchant of record (where used). Any App Store Subscription, if ever offered, would be sold by Apple via your Apple ID using StoreKit. Your contract for that purchase would be concluded between you and Apple at the moment you confirm in the App Store sheet. ML Consulting sets the price and product configuration; Apple is the merchant of record.
10.3. Auto-renewable subscriptions — Apple-required disclosures (where used). Where an App Store auto-renewable Subscription is offered, it is governed by the following terms, which are also displayed in the App Store paywall sheet before purchase:
▪ title and length of the subscription (presented in the paywall sheet);
▪ price per period (presented in the paywall sheet, including local currency and applicable taxes);
▪ any free trial or introductory offer (where offered, the duration and conversion mechanics are presented in the paywall sheet; any unused portion of a free trial is forfeited when a Subscription is purchased, where applicable law permits);
▪ auto-renewal — payment is charged to your Apple ID account at confirmation of purchase. The Subscription automatically renews for an identical period at the then-current price, unless you cancel auto-renewal at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period;
▪ how to manage and cancel — you can manage your Subscriptions and turn off auto-renewal in your Apple ID account settings (Settings → [your Apple ID] → Subscriptions) on your device after purchase;
▪ links to the Privacy Policy and to this Agreement appear in the paywall sheet and in the App’s Settings → Legal (or equivalent).
10.4. Local price, currency and tax. For any App Store purchases, actual prices, local taxes, currency, renewal period and available offers are controlled by the App Store at the time of purchase and may vary by country. Where there is any inconsistency, the App Store paywall sheet at the moment of confirmation controls the App Store transaction.
10.5. Cancellation, deletion and continued access. You may cancel App Store auto-renewal at any time as described in clause 10.3. Cancellation takes effect at the end of the current paid period; you retain access until then. Deleting the App or your account does not cancel an active App Store Subscription — you must cancel separately in your Apple ID settings.
10.6. Refunds. Refunds for App Store purchases are governed by Apple’s policies and may be requested at reportaproblem.apple.com. We cannot directly refund App Store purchases unless Apple provides a mechanism for us to do so.
10.7. Price changes. Price changes for active App Store subscriptions are handled through Apple’s App Store process and, where required by law or by Apple’s policies, are subject to your consent. We will notify you of material changes at least thirty (30) days in advance where the law requires it.
11
Direct Billing for the App
Order Form path — the exclusive billing channel for DryDocked Field.
11.1. Direct Channel as exclusive path. DryDocked Field is sold exclusively via the Direct Channel for all tiers. The Yard Operator subscribes under a written or electronic Order Form with ML Consulting; payment never flows through Apple’s In-App Purchase system, in accordance with Apple’s App Store Review Guidelines for B2B and reader-app categories.
11.2. Order Form mechanics. The Order Form sets out the Plan, term, fees, currency, user / vessel / yard / season limits, any onboarding or professional services, any add-ons (including the Insurer-Aligned Template Pack, AI photo classifier, Multi-Season Vessel History add-on and Insurer-Aligned Stand-by Service line) and any service-level commitment. Subscription Fees are stated exclusive of value-added tax or equivalent indirect taxes, which are payable in addition where applicable. Currency is EUR unless otherwise stated.
11.3. Payment terms. Direct-Channel invoices are payable as set out in the Order Form (typically thirty (30) days net). Late-payment interest accrues at the statutory rate. If an undisputed invoice is unpaid when due, ML Consulting may, on at least seven (7) days’ written notice, suspend access until payment is received. Suspension does not relieve the Yard Operator of payment obligations.
11.4. Renewal. Direct-Channel Plans renew at the end of the Subscription Term in accordance with the Order Form (typically automatic renewal unless the Yard Operator gives written notice of non-renewal at least thirty (30) days before the end of the current Term).
11.5. Apple App Store policies preserved. Direct Channel arrangements do not circumvent Apple’s policies. Where Apple requires that a particular paid feature be sold via App Store IAP, ML Consulting will route that feature through StoreKit; the Direct Channel applies only to features that may lawfully be sold outside the App Store under Apple’s policies.
11.6. Insurer-Aligned Stand-by Service. The Insurer-Aligned Stand-by Service line (typically an annual retainer plus per-event fees) is a separate professional service line invoiced under the Order Form and is not part of the App software licence. Specific scope, response times and exclusions are set out in the Order Form.
12
Acceptable Use
What you must not do with the App.
You must not, and must not permit any third party to:
12.1. Universal prohibitions.
▪ use the App for any unlawful purpose or in any way that infringes the rights of any third party;
▪ use the App to provide a paid service to third parties (for example, public marketplace, surveyor service, insurance broking, claims-adjusting, debt-collection) without our prior written agreement and the agreement of Schedule A;
▪ fabricate, alter or backdate intake records, condition photographs, Apple Pencil annotations, GPS pin-drops, WeatherKit snapshots, owner approvals, technician completion records, Operator Reliability Scores or audit-log entries, or attempt to remove or modify watermarks or the audit-trail block on any Pack;
▪ forge, replay, share with unauthorised parties or otherwise abuse a share link or biometric verification;
▪ import content that infringes third-party intellectual property, privacy, publicity, confidentiality or database rights, or that you do not have a lawful basis to import;
▪ circumvent any Plan limit, paywall, role check, rate limit, audit log, biometric gate or other technical protection;
▪ scrape, bulk-extract, reproduce or commercialise the App’s interface, datasets, vessel data, owner data, Operator Reliability Scores or derived outputs outside personal or licensed use;
▪ interfere with the integrity, performance or security of the Services, attempt unauthorised access to data of other users, or transmit malicious code;
▪ use the App to make material decisions affecting individuals (for example, dismissal of a technician, withholding of pay, disciplinary action) in reliance solely on App output without meaningful human review and an independent assessment.
12.2. App-specific additions. Schedule A (clauses A4, A5, A6 and A10) adds App-specific acceptable-use rules, including signature integrity, insurer-template discipline, Operator Reliability Score discipline and prohibitions against covert worker surveillance.
13
AI / ML Features and Probabilistic Outputs
Optional, opt-in (paid add-on), on-device and backend, always reviewable, no third-party model training on your data.
13.1. Where the App offers AI features. The App may include optional AI-assisted helpers (for example, on-device CoreML hull-damage photo classifier with backend refinement; voice-memo transcription; insurer-aligned narrative auto-draft; storm-preparation completeness check; Operator Reliability Score computation; intake auto-populate from Multi-Season Vessel History). Where present, those features are off by default and are activated only by an explicit configuration choice by an admin of the Yard Operator, typically through a paid add-on (currently from Premium Yacht Service tier upwards).
13.2. Always reviewable; never autonomous. AI output is assistive only. Intake records, owner approvals, technician completion records, Pack exports and signed material require explicit human confirmation before persistence or sending. Raw input (photos, audio, free-text, original classifications) is always retained alongside any AI-structured output, so you can audit and override. Schedule A (clause A8) sets specific safety rules for AI helpers in DryDocked Field.
13.3. No solely-automated decisions with legal or significant effects. ML Consulting does not subject you to decisions producing legal or similarly significant effects based solely on automated processing within the meaning of Article 22 GDPR.
13.4. Estimates only. AI output is a probabilistic suggestion. It is not insurance, legal, maritime, surveyor, regulatory or other professional advice. AI-drafted insurer narratives carry a “Draft — review before submitting to insurer” watermark until a yard manager explicitly finalises.
14
Intellectual Property
Who owns what.
14.1. Our IP. The App, the share-link surfaces, the Services, the underlying code, the design system, the workflow logic, deterministic engines (including the Capture-to-Pack workflow, the storm-completeness check, the Operator Reliability Score computation and the booking / approval state machines), the export templates (including the Damage Defence Pack, Owner Dispute Defence Pack, Hurricane / Storm Defence Pack, Spring Re-Commissioning Pack, Multi-Season Vessel History Pack, Captain / Management Handoff Packet, Insurer-Aligned Template Pack format and Group Quarterly Report layout), the on-device CoreML models, the DryDocked and ML Consulting word and figurative marks, the documentation and all related creative materials are the exclusive property of ML Consulting and its licensors, protected by copyright, database, trade-mark and other intellectual-property laws.
14.2. Your IP. As between the parties, you retain all rights in Customer Data and any branding you upload (for example, a yard logo on a Damage Defence Pack). The operational licence in clause 8.2 applies.
14.3. Personal use of outputs. You may use outputs generated for your own operational, management, insurer-handoff, broker-handoff, owner-handoff and recordkeeping purposes within the licensed scope of the App. You may not reproduce, publish, sell, licence, benchmark, train models on or commercially exploit App outputs (including Operator Reliability Score data and the CoreML hull-damage classifier output) except as expressly allowed by this Agreement, Schedule A or our written agreement.
14.4. Feedback. If you send us suggestions or feedback, ML Consulting is granted a perpetual, irrevocable, worldwide, royalty-free, sub-licensable licence to use, modify and incorporate them into the Services, without obligation to you. We will not identify you as the source unless you ask us to.
14.5. Third-party trademarks — insurer brands. References in the App to insurer brands (including, where applicable, BoatUS, Lloyd’s, Pantaenius, Markel, Travelers, Geico, AIG and others) are descriptive only and identify the template layout that the App is capable of producing. Such references do not imply sponsorship, endorsement, affiliation, partnership, certification or approval by any of those insurers or any insurance regulator. Vessel-builder names, broker names, marina names, port names and similar references appearing in Customer Data may be the trademarks or other protected designations of their respective owners.
15
Updates, Availability and Support
Best-effort availability; we may evolve the App.
15.1. Updates. We may release updates, fixes, security patches, new features or modifications. Some updates may be required for security, compatibility, App Store compliance or continued operation. Where a modification materially and adversely affects the App in respect of a paid Subscription mid-term, we will give reasonable advance notice and (subject to mandatory law) the right to terminate the affected Subscription Term and receive a pro-rata refund of pre-paid Subscription Fees attributable to the unused portion.
15.2. Availability. We aim to support the Services with reasonable care, but we do not promise uninterrupted availability, permanent compatibility with every iOS or iPadOS version or device, or indefinite availability of any specific feature. WeatherKit and other Apple platform services on which the Services rely may be unavailable in some regions or at some times. Where an Order Form sets a specific service-level commitment, that commitment governs (clause 6.4).
15.3. Support. Support requests may be sent to support+drydocked@mlconsulting.lt. We may prioritise issues affecting security, access, purchases, data export, data deletion and active storm-event captures.
15.4. Insurer-Aligned Stand-by Service. The Insurer-Aligned Stand-by Service line (clause 11.6) is a professional service governed by its Order Form; service-level details are set in that Order Form and are not implied by this Agreement.
15.5. Beta features. Features marked “beta”, “preview” or similar are provided “as is”, may be discontinued and may carry additional terms presented at the point of access.
16
Suspension and Termination
How and when access can end.
16.1. Termination by you. You may stop using the App at any time. You may delete your account or local data through in-App controls where available. Deleting the App or your account does not automatically cancel an active Subscription (clause 11.4).
16.2. Suspension and termination by us. We may suspend or terminate access to the App, immediately and without refund (subject to mandatory law), where:
▪ you materially breach this Agreement or Schedule A (including the Acceptable Use rules in section 12 and Schedule A clauses A4, A5, A6 and A10);
▪ we are required to do so by law, court order or competent authority;
▪ we have reasonable grounds to believe an account is being used to harm us, other users or third parties (for example, fraudulent purchases, security attacks, fabrication of intake / approval / completion records, forging or replaying share links, manipulating Operator Reliability Scores, or scraping);
▪ non-payment of an undisputed Direct-Channel invoice continues for more than seven (7) days after notice (clause 11.3).
16.3. Notice and cure. Where the alleged breach is capable of being remedied and where it is reasonable in the circumstances, we will give you notice and a reasonable opportunity to remedy before suspending or terminating.
16.4. Effect of termination. On termination, the licence in section 5 ends. Your data is treated in accordance with the data-export / retention provisions in Schedule A. Provisions intended to survive termination (including sections 8, 13, 14, 16, 17, 18, 19, 20, 21, 24 and 25, and Schedule A clauses A4, A5, A6, A7, A8, A10 and A11) survive.
17
Consumer Rights
Mandatory protections preserved where applicable. DryDocked Field is offered to Business Users only (clause 3.3).
17.1. Mandatory rights preserved. If any provision of this Agreement is interpreted as excluding a right that cannot lawfully be limited, excluded or modified under applicable consumer-protection law, that provision is read down to the minimum extent necessary to preserve that right.
17.2. Withdrawal and conformity (Directives 2011/83/EU and 2019/770). Statutory rights of withdrawal (where applicable), digital-content conformity, remedies for defective digital content and protection against unfair contract terms apply where mandatory law grants them.
17.3. Apple as merchant of record. Because any App Store Subscriptions would be purchased from Apple as merchant of record, cancellation and refund requests for those tiers should normally be made through Apple. We will cooperate reasonably where a legal issue requires our involvement.
17.4. EU Online Dispute Resolution. Consumers resident in the EU may lodge a complaint via the European Commission’s Online Dispute Resolution platform: ec.europa.eu/consumers/odr. Lithuanian Consumers may also contact the Valstybinė vartotojų teisių apsaugos tarnyba (Vilniaus g. 25, LT-01402 Vilnius, www.vvtat.lt).
18
Disclaimers
What we do not warrant — to the maximum extent permitted by law.
18.1. As-is. Subject to mandatory consumer protection (section 17) and to any express service-level commitment in an Order Form, the Services are provided “as is” and “as available” to the maximum extent permitted by applicable law. We expressly disclaim all implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement.
18.2. Specifically and without limitation, we do not warrant that:
▪ the Services will be uninterrupted, timely, secure or error-free;
▪ all defects will be corrected;
▪ any output (including intake captures, condition assessments, AI damage classifications, voice-memo transcripts, owner-approval audit trails, Operator Reliability Scores, WeatherKit snapshots, AI-drafted insurer narratives, Damage Defence Packs, Owner Dispute Defence Packs, Hurricane / Storm Defence Packs, Insurer-Aligned Packs, Spring Re-Commissioning Packs, Multi-Season Vessel History Packs, Group Quarterly Reports and similar) will be accurate, complete, reliable, admissible, persuasive, sufficient or accepted in any forum (including by any vessel owner, captain, broker, insurer, surveyor, classification society, port-state authority, coast guard, court, arbitrator or counterparty);
▪ use of the App will prevent any vessel damage, owner dispute, scope dispute, claim denial, broker pipeline loss, storm-event damage, refit incident or commercial loss, or that it will result in any specific operational, commercial or insurance outcome;
▪ WeatherKit, CoreLocation, AVFoundation, PencilKit, Speech, on-device CoreML models, APNs push, ActivityKit Live Activities, Apple App Store, Sign in with Apple, email, AI text APIs, payment processor or PDF rendering will be available at any specific time or accurate at any specific moment.
18.3. Not professional advice. The App does not provide insurance, legal, maritime, surveyor, regulatory, financial, accounting, tax, broker or salvage advice. Schedule A sets out the App-specific disclaimers that apply to DryDocked Field.
19
Limitation of Liability
What may, and may not, be recovered. Read together with Schedule A, clause A11.
19.1. Mandatory carve-outs. Nothing in this Agreement excludes or limits liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) gross negligence or wilful misconduct;
(d) breach by ML Consulting of the Master DPA insofar as such breach gives rise to liability that cannot be limited under Article 82 GDPR; or
(e) any other liability that cannot be excluded or limited under mandatory applicable law (including Lithuanian Civil Code, Articles 6.252 and 6.253; Directive (EU) 2019/770; Directive 2011/83/EU as transposed into Lithuanian law).
19.2. Indirect loss excluded. Subject to clause 19.1, neither party is liable to the other for indirect, consequential, special, incidental, punitive or exemplary loss; loss of profits; loss of revenue; loss of goodwill; loss of data caused by your failure to back up; loss of anticipated savings; loss of opportunity; loss of contract; loss of broker pipeline or insurer relationship; loss of vessels under refit or storage; loss of charter or season revenue; or business interruption — however arising.
19.3. Floor cap. Subject to clause 19.1 and to the App-specific cap in Schedule A, clause A11.3, our aggregate liability for any and all claims arising out of or relating to this Agreement is limited to the total Subscription Fees paid by you under this Agreement in the twelve-month period preceding the event giving rise to the claim. Where Schedule A specifies a higher cap, the App-specific cap prevails.
19.4. App-specific carve-outs. Schedule A (clause A11.4) adds App-specific carve-outs reflecting the vessel-damage, owner-dispute, insurance-outcome, broker-pipeline and storm-event exposure profile of DryDocked Field.
19.5. Allocation of risk. The allocation of risk in this section reflects the Subscription Fees and is an essential basis for ML Consulting’s willingness to make the Services available.
20
Indemnity for Business Users
Reciprocal indemnities applicable to all use of DryDocked Field, which is a B2B App.
20.1. Indemnity by the Business User. The Yard Operator shall defend, indemnify and hold harmless ML Consulting and its officers, directors, employees and agents from and against any third-party claim, demand, damage, liability, loss or expense (including reasonable legal fees) arising out of or related to:
▪ the Yard Operator’s (or any of its authorised users’) breach of this Agreement, Schedule A or applicable law;
▪ Customer Data, including any claim that Customer Data infringes a third party’s intellectual property, privacy, publicity or other rights, or that the Yard Operator failed to provide a required notice or obtain a required consent (including technician notices under Schedule A, clause A4, and notices to vessel owners, captains, brokers, insurers and external viewers who receive share links);
▪ the Yard Operator’s use or external sharing of any output of the App (including any insurance, defamation, competition-law, unfair-commercial-practices, anti-discrimination, anti-retaliation or labour-relations claim arising from the use, sharing or publication of Damage Defence Packs, Owner Dispute Defence Packs, Storm Defence Packs, Insurer-Aligned Packs, Operator Reliability Scores or Group Quarterly Reports);
▪ the Yard Operator’s relationship with its authorised users, technicians, vessel owners, captains, brokers, insurers, classification societies, port-state authorities or other counterparties, including any fee dispute, grievance, claim outcome, contract renewal or audit finding.
20.2. Indemnity by ML Consulting (IP). ML Consulting shall defend the Yard Operator against any third-party claim alleging that the App, as supplied by ML Consulting and used in accordance with this Agreement, infringes that third party’s intellectual property rights, and shall pay damages and reasonable legal fees finally awarded against the Yard Operator. This indemnity does not apply to claims arising from Customer Data, modifications not made by ML Consulting, combinations with materials not provided by ML Consulting where the claim would not have arisen but for the combination, or use of the App after ML Consulting has provided modified or non-infringing functionality and informed the Yard Operator.
20.3. Conditions. Each indemnity is conditional on the indemnified party (i) giving prompt written notice of the claim, (ii) granting the indemnifying party sole control of the defence and settlement (provided that no settlement may impose any non-indemnifiable obligation on the indemnified party without its written consent), and (iii) providing reasonable assistance at the indemnifying party’s expense.
21
Governing Law and Disputes
Lithuanian law. EU consumer protections preserved.
21.1. Governing law. This Agreement is governed by the laws of the Republic of Lithuania, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
21.2. Consumer protection carve-out. If any individual ever uses the App as a Consumer notwithstanding clause 3.3, that Consumer also benefits from the mandatory consumer-protection rules of their country of habitual residence (Article 6 of Regulation (EC) 593/2008 — Rome I); nothing in this section deprives that person of that protection.
21.3. Jurisdiction (Business Users). For disputes between us and a Business User, the courts of Vilnius, Republic of Lithuania, have exclusive jurisdiction. The parties may agree in an Order Form to refer disputes to confidential arbitration under the rules of the Republic of Lithuania, seated in Vilnius, in Lithuanian; where so agreed, that arbitration is the exclusive forum subject to the carve-outs for injunctive relief and IP disputes.
21.4. Jurisdiction (Consumers). For disputes with Consumers, jurisdiction is determined under Articles 17–19 of Regulation (EU) 1215/2012 (Brussels I bis); a Consumer may bring proceedings in the courts of their country of habitual residence or in the Lithuanian courts; we may bring proceedings only in the courts of the Consumer’s country of habitual residence.
22
Changes to this Agreement
How updates take effect, and what we tell you.
22.1. Routine updates. We may update this Agreement, Schedule A and the Privacy Policy from time to time, for example to reflect new features, regulatory change or operational change.
22.2. Material changes. Where a change is material and adverse to you, we will give reasonable advance notice (at least thirty (30) days unless a shorter period is required by law) by in-App notice and, where we have your email address, by email. If you do not agree, you may terminate the affected Subscription without penalty before the change takes effect, with a pro-rata refund of pre-paid Subscription Fees attributable to the unused portion.
22.3. Non-material changes (typographical fixes, clarifications, contact details, sub-processor list updates) take effect on posting.
22.4. App-specific updates. Schedule A may be amended independently of these Master Terms. A material adverse change to Schedule A triggers the same notice and termination rights as a change to these Master Terms.
22.5. Versioning. Each version of this Agreement and Schedule A is dated and archived. The version in force at the time of the relevant use governs that use.
23
General
Severability, assignment, force majeure, notices, language.
23.1. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision is replaced by a valid provision that most closely reflects the parties’ intent, consistent with mandatory law.
23.2. Assignment. You may not assign or transfer this Agreement or your account without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, reorganisation, sale of assets or by operation of law, provided the assignee assumes the obligations and your statutory rights are preserved.
23.3. Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control (war, civil unrest, natural disaster, hurricane, named storm, pandemic, governmental action, internet or major third-party-platform failure including the Apple App Store and Apple platform services such as WeatherKit and APNs), provided notice is given and reasonable mitigation is attempted.
23.4. No waiver. Failure or delay in enforcing any right does not waive that right. A waiver is effective only in writing and signed by us.
23.5. Entire agreement. This Agreement (with Schedule A, the Apple-Required Terms in section 24, the Privacy Policy and any signed Order Form) constitutes the entire agreement between you and ML Consulting in respect of the App and supersedes all prior or contemporaneous communications, save for any pre-contractual statements that cannot be excluded under mandatory law.
23.6. Notices. Notices to ML Consulting must be sent to support+drydocked@mlconsulting.lt and, where required by law, by registered post to our registered address. Notices to you are sent in-App, by email to the address associated with your account, or by postal mail where reasonably required.
23.7. Language. This Agreement is concluded in English. Translations may be provided for convenience; in case of discrepancy, the English version prevails, save where mandatory consumer law of your country of habitual residence requires otherwise.
23.8. Headings. Headings are for convenience only and do not affect interpretation.
23.9. No agency. Nothing in this Agreement creates any agency, partnership, joint venture or employment relationship between us, and nothing in the App or its outputs creates any agency, employment, service, insurance, broking or survey contract between any users.
24
Apple-Required Terms
Apple’s standard licensee provisions, applicable because the App is a Licensed Application distributed via the Apple App Store.
The following provisions apply because the App is a “Licensed Application” distributed via the Apple App Store. Apple Inc. and its subsidiaries are third-party beneficiaries of this section and may enforce its terms against you.
24.1. Acknowledgement. This Agreement is concluded between you and ML Consulting only, and not with Apple. ML Consulting, not Apple, is solely responsible for the App and the content thereof.
24.2. Scope of Licence. The licence granted in section 5 is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
24.3. Maintenance and Support. ML Consulting is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
24.4. Warranty. ML Consulting is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ML Consulting’s sole responsibility.
24.5. Product Claims. ML Consulting, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the App’s use of HealthKit and HomeKit (where applicable).
24.6. Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, ML Consulting, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual-property-infringement claim.
24.7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
24.8. Developer Name and Address. ML Consulting MB, legal entity code 306991112, email support+drydocked@mlconsulting.lt, is the licensor and the contact point for any user complaint, query or claim with respect to the App.
24.9. Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App.
24.10. Third-Party Beneficiary. You and ML Consulting acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Master Terms (and Schedule A which incorporates them), and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
25
Precedence — Schedules and Order Forms
How conflicts between the Master Terms, Schedule A and an Order Form are resolved.
25.1. Order of precedence. In case of conflict between documents forming this Agreement, the order of precedence is:
(i) the Apple-Required Terms in section 24 (in respect of Apple’s role and Apple-required clauses);
(ii) the relevant Order Form (in respect of commercial terms specifically agreed between ML Consulting and the Yard Operator for the relevant Subscription Term);
(iii) Schedule A (in respect of DryDocked Field-specific provisions); and
(iv) these Master Terms.
25.2. Schedule A applies only to DryDocked Field. A reference in Schedule A to a particular regulatory regime, evidentiary standard, data warranty or liability cap applies only in respect of DryDocked Field. Cross-App contagion is excluded.
25.3. No silent override. Schedule A modifies these Master Terms only where it expressly says so. Where Schedule A is silent on a matter addressed in these Master Terms, the Master Terms apply unmodified.
PART II
Schedule A — DryDocked Field
HOW THIS SCHEDULE IS READ
This Schedule supplements the Master Terms in respect of DryDocked Field only. Where this Schedule expressly modifies a provision of the Master Terms, this Schedule prevails for DryDocked Field and that App only. Where this Schedule is silent, the Master Terms apply unmodified.
VERSION
1.0
EFFECTIVE
2026-06-01
APP
DryDocked Field — vessel handoff, damage-defence and insurance-claim evidence OS (iOS, iPadOS)
USER PROFILE
Business User (B2B) — marinas, yacht service yards, superyacht specialists, multi-yard operators
BILLING CHANNEL
Direct Channel (Order Form) for all tiers
READ WITH
Master Terms (Part I) v1.0
A1
App-Specific Definitions
Terms additional to section 4 of the Master Terms.
“Vessel” — A boat, yacht, superyacht or other floating asset managed in a Yard.
“Season File” — A workspace-scoped record of a Vessel’s storage, refit or service period in a particular Yard, with its associated intake, owner approvals, technician records and packs.
“Intake Record” — A structured field record of a Vessel’s arrival, capturing condition observations, photographs, Apple Pencil annotations, GPS, timestamp, optional voice memo and optional WeatherKit Snapshot.
“Owner Approval” — An operational acknowledgement by a Vessel owner (or owner’s representative) of an Intake Record, a service scope, a damage finding or a similar operational record, typically captured on an iPad with an Apple Pencil signature and biometric verification. Owner Approvals are operational acknowledgements, not legally enforceable e-signatures (clause A5).
“Technician Record” — A record of a service task or condition action performed by a yard technician, including media, GPS, timestamp and chain-of-custody log entries.
“Storm Mode” — A yard-wide operational mode that enables per-Vessel storm-preparation capture with WeatherKit attestation in advance of a named storm, hurricane or other declared weather event.
“WeatherKit Snapshot” — A time-stamped record of microclimate values sourced from Apple’s WeatherKit service at the moment of capture and attached to an Intake Record, Technician Record, Storm Preparation Record or Pack for attestation purposes.
“Damage Defence Pack” — A watermarked PDF generated by DryDocked Field that combines Intake Records, Owner Approvals, Technician Records, Apple Pencil annotations, GPS, timestamps, AI classifications and chain-of-custody log entries for a Vessel and date range, typically used to support a yard’s position in an owner dispute or insurance claim.
“Owner Dispute Defence Pack” — A subset of the Damage Defence Pack scoped to a specific owner dispute.
“Hurricane / Storm Defence Pack” — A watermarked PDF combining a yard-wide Storm Event log, per-Vessel Storm Preparation Records, WeatherKit attestations and chain-of-custody log entries, typically used to support insurer or broker discussions following a named storm.
“Spring Re-Commissioning Pack” — A watermarked PDF combining per-Vessel re-commissioning records and a sea-trial / pre-launch summary, typically delivered to a Vessel owner or broker.
“Insurer-Aligned Template” — A Pack layout template designed to align with the documentation format preferred by a specific insurer (for example, BoatUS, Lloyd’s, Pantaenius, Markel, Travelers, Geico). Insurer-Aligned Templates are template formats only; they are not endorsed, certified, approved or warranted by the named insurer (clause A6.4).
“Insurer-Aligned Pack” — A Damage Defence Pack reformatted using an Insurer-Aligned Template for a specific insurer.
“Multi-Season Vessel History Pack” — A watermarked PDF combining year-over-year condition trends and cross-season Pack history for a Vessel (paid add-on).
“Captain / Management Handoff Packet” — A broker-grade PDF combining technical-specification-aware checklist completion, handoff signatures and a broker-grade summary, available at Superyacht Specialist tier.
“Group Quarterly Report” — A server-emailed PDF aggregating cross-Yard service-quality, dispute-count, claim-acceptance-rate and broker-pipeline metrics, available at Multi-Yard tier.
“Operator Reliability Score” — A workspace-internal score derived from cross-Vessel Technician Record timing, scope-fidelity records and dispute flags.
“Share Link” — A signed, time-limited link generated by the App for owner approval, insurer pack delivery or external auditor read-only access.
A2
Description of DryDocked Field
Operational evidence and rigour — not insurance, surveyor, legal or maritime advice.
A2.1. Purpose. DryDocked Field is a B2B iOS application (iPhone + iPad) that helps marinas, yacht service yards, superyacht specialists and multi-yard operators capture insurer-grade evidence at the on-site moment: Vessel intake, Owner Approval, Technician Record, storm preparation, damage discovery, service-task completion proof and spring re-commissioning, and to assemble Damage Defence, Owner Dispute Defence, Storm Defence, Spring Re-Commissioning, Insurer-Aligned, Multi-Season Vessel History, Captain / Management Handoff and Group Quarterly Report Packs.
A2.2. Core functions. Yard, Season File, Vessel, Intake Record, Owner Approval, Technician Record, Storm Mode capture, damage-discovery capture, spring re-commissioning capture; Apple Pencil annotation on intake photos; biometric-gated Owner Approval signatures; AVFoundation media capture; CoreLocation GPS pin-drops; WeatherKit Snapshots; PencilKit annotation on iPad; PDFKit watermarked Pack export; APNs notifications; ActivityKit Live Activities for storm and follow-up countdowns; on-device CoreML hull-damage classifier (opt-in add-on); backend Claude-class insurer-narrative drafting (opt-in add-on); server-emailed Group Quarterly Reports (Multi-Yard tier); Operator Reliability Score computation; append-only audit log.
A2.3. What DryDocked Field is not. DryDocked Field is not, and shall not be relied on as, an insurance underwriter, broker, agent, MGA or claims adjuster; a marine surveyor, valuer or condition-survey authority; a marina ERP, slip-reservation, billing, point-of-sale, accounting, payroll or full maintenance-management system; a vessel-traffic-services, port-state-control or coast-guard system; a salvage, wreck-removal, towage or casualty-management service; an emergency-response, search-and-rescue or storm-warning service; a legally binding e-signature or electronic-contract execution platform; a substitute for any national vessel register, port-state inspection regime, ISM, ISPS or MLC obligation. Outputs (including Damage Defence Packs and Insurer-Aligned Packs) are operational records only.
A2.4. No outcome guarantee. DryDocked Field supports the Yard Operator’s operational and evidentiary position but does not guarantee any specific operational, commercial, insurance, owner-dispute, broker, surveyor, classification-society, port-state, judicial, arbitral or weather outcome. The Yard Operator is responsible for the accuracy, lawfulness and use of every record.
A3
Yard Operator Responsibilities
What the Yard Operator must do before granting access and capturing records.
A3.1. Operational responsibility. The Yard Operator is responsible for ensuring that use of the App is lawful in its operating jurisdictions and consistent with maritime law (including any applicable bailment, custody, lien, dry-dock contract, marina-operator law, port-state and flag-state requirements), insurance law and policy obligations, employment law, privacy law, customer contracts and internal policies.
A3.2. Vessel and owner data. The Yard Operator is responsible for the accuracy of Vessel identifiers (HIN, MMSI, IMO, flag, registration), owner contact data, captain / management contacts, broker contacts and insurer / policy references entered into the App.
A3.3. Bailment / custody. Any bailment, dry-dock, storage, refit, service, sea-trial or transport contract between the Yard Operator and a Vessel owner is concluded outside the App. The App’s records support that contract evidentially but do not constitute the contract.
A3.4. Owner / captain notices. Before requesting an Owner Approval on iPad or issuing a Share Link to a Vessel owner, captain, management company or broker, the Yard Operator is responsible for providing any privacy notice required by Articles 13–14 GDPR and for having an appropriate lawful basis under Article 6(1) GDPR. See clause A4 for technician notices.
A3.5. Authorised users and role configuration. The Yard Operator is responsible for inviting authorised users (yard manager, service coordinator, technician, front-desk staff, captain, broker, external viewer) and ensuring that each authorised user sees only information appropriate to their role.
A4
Workers, Technicians and Operator Reliability Scores
Worker monitoring and reliability data — GDPR Article 88 obligations on the Yard Operator.
A4.1. Technician and worker notices (Article 88 GDPR). Where the Yard Operator invites a technician, service coordinator, front-desk staff member, captain or other worker (employed or contractor) as an authorised user, the Yard Operator shall, before access:
(i) provide a privacy notice meeting Articles 13–14 GDPR and the worker-information rules of the country where the worker normally works (in particular under national rules implementing Article 88 GDPR and applicable employment, seafarers’ and seasonal-worker law);
(ii) where required, consult any works council, employee representative, trade union or collective-bargaining body and obtain any required co-determination or authorisation;
(iii) establish and document an appropriate lawful basis under Article 6(1) GDPR; and
(iv) use the App’s monitoring features (event-based GPS pin-drops, photo capture, voice memos, Operator Reliability Score, audit-log entries) proportionately and only for the legitimate operational purposes described in the worker privacy notice.
A4.2. Operator Reliability Score discipline. The Operator Reliability Score is workspace-internal operational data. It is computed deterministically from saved Technician Records and dispute flags. The Yard Operator shall:
▪ keep Operator Reliability Score data confidential within the Yard Operator and not expose individual scores to the scored worker’s peers, brokers, insurers, owners or the public;
▪ not use the Operator Reliability Score as the sole basis for any material decision affecting a worker (employment, contractor renewal, disciplinary action) without meaningful human review and independent assessment;
▪ not use the Operator Reliability Score in a defamatory, retaliatory, discriminatory, anti-competitive, anti-union or otherwise unlawful manner.
A4.3. No covert surveillance. The Yard Operator must not configure, describe or use DryDocked Field as a covert worker-monitoring tool. Any use involving workers must be transparent and supported by an appropriate lawful basis.
A4.4. Share Links and external recipients. Where the Yard Operator issues a Share Link to a vessel owner, captain, broker, insurer, surveyor, auditor or other third party, the Yard Operator shall: (i) limit the token scope to the records that recipient actually needs; (ii) set an appropriate expiry; (iii) keep precise vessel-position GPS coordinates excluded where exposure could create theft or security risk; and (iv) inform the recipient that the link delivers a read-only operational record and not a vessel survey, insurance certification, broker recommendation or legal document.
A5
Owner Approvals, Apple Pencil Signatures and No Legal-Contract Status
Operational acknowledgement — not an e-signature, not a contract, not notarisation.
A5.1. Owner Approvals are operational. Owner Approvals captured in the App (typically on an iPad with an Apple Pencil signature and biometric verification) are operational acknowledgements of an Intake Record, service scope, damage finding, storm preparation or similar operational record. They evidence what the owner saw and acknowledged at a moment in time.
A5.2. No qualified e-signature. Owner Approvals are not Qualified Electronic Signatures, Advanced Electronic Signatures or any other formally defined electronic signature under Regulation (EU) 910/2014 (eIDAS) or any equivalent regime. DryDocked Field is not an electronic-contract execution platform, an e-signature trust service or a notary. The Yard Operator shall not present an Owner Approval in the App as a Qualified or Advanced Electronic Signature.
A5.3. No underlying contract formed by the App. An Owner Approval inside the App does not form, vary, novate or terminate any underlying contract between the Yard Operator and the Vessel owner (including any bailment, dry-dock, storage, refit, service or transport contract). Any such contract is concluded outside the App and is the Yard Operator’s responsibility.
A5.4. Signature integrity. Fabricating, replaying, copying, transferring or otherwise forging an Owner Approval (including the Apple Pencil signature stroke, the biometric verification or the audit-log entry) is a material breach of this Agreement and may result in immediate suspension or termination under section 16 of the Master Terms.
A6
Insurance Claims and Insurer-Aligned Templates
Operational evidence — not insurance, not endorsement.
A6.1. No insurance role. ML Consulting is not an insurer, reinsurer, broker, agent, MGA, claims adjuster, loss adjuster, surveyor or other insurance professional, and DryDocked Field is not an insurance product. The App does not underwrite, broker, place, bind, administer or adjudicate any policy or claim.
A6.2. Yard Operator’s claim is the Yard Operator’s claim. Where the Yard Operator uses an Insurer-Aligned Pack, a Damage Defence Pack, an Owner Dispute Defence Pack, a Storm Defence Pack or any other output in connection with a claim, dispute, denial, recovery or recourse against an insurer, broker, owner, captain, surveyor, third party or counterparty, the Yard Operator does so on its own account and risk.
A6.3. No outcome warranty. ML Consulting does not warrant that any insurer, claims adjuster, broker, surveyor, court, arbitrator or other counterparty will accept, find sufficient, find admissible or be persuaded by any Pack produced by the App, or that any claim will be paid or any dispute resolved favourably.
A6.4. Insurer-Aligned Templates and third-party trademarks. Where the App offers an Insurer-Aligned Template (for example, named after BoatUS, Lloyd’s, Pantaenius, Markel, Travelers, Geico, AIG or another insurer), the template is a layout format only. The named insurer:
▪ has not endorsed, certified, approved, audited or warranted the template, the App, the underlying records or any Pack;
▪ is not affiliated with ML Consulting and is not a party to this Agreement;
▪ is not contractually committed to accept any Pack produced using the template;
▪ retains all rights in its trademarks; their appearance in the App is a descriptive reference only and does not imply sponsorship, endorsement or affiliation.
A6.5. Insurer-Aligned Stand-by Service. The Insurer-Aligned Stand-by Service (clause 11.6 of the Master Terms) is a professional service that may include hands-on Pack assembly during storm or claim events. It does not transform ML Consulting into an insurance professional and does not warrant claim outcomes. Scope and exclusions are set out in the Order Form.
A7
Damage Defence, Dispute, Storm and Other Packs
Operational documents — not legal admissions, not regulatory certifications.
A7.1. Operational PDFs. Damage Defence Packs, Owner Dispute Defence Packs, Hurricane / Storm Defence Packs, Spring Re-Commissioning Packs, Insurer-Aligned Packs, Multi-Season Vessel History Packs, Captain / Management Handoff Packets and Group Quarterly Reports are operational PDFs generated from saved records. They are watermarked and carry an audit-trail block.
A7.2. No regulatory or evidentiary effect. A Pack does not constitute, and shall not be relied on as: (i) a marine survey, condition survey, classification-society document or valuer report; (ii) a port-state-control, coast-guard, ISM, ISPS or MLC submission; (iii) an insurance certificate, policy endorsement, loss adjuster’s report or proof of loss; (iv) a legal admission, court exhibit or witness statement absent independent authentication; or (v) a contract, payment authority or settlement.
A7.3. No acceptance warranty. ML Consulting does not warrant that any Pack will be accepted by, or be admissible before, any vessel owner, captain, broker, insurer, surveyor, classification society, court, arbitrator or other counterparty.
A7.4. Watermarking and audit trail. Removal, modification or obscuring of the watermark or audit-trail block on any Pack is a material breach of this Agreement and may result in immediate suspension or termination under section 16 of the Master Terms.
A7.5. Group Quarterly Reports. Group Quarterly Reports (Multi-Yard tier) are server-emailed PDFs aggregating cross-Yard metrics. The Yard Operator is responsible for the lawfulness of any onward sharing inside its group or with its broker or insurer.
A8
AI-Assisted Features and Photo Classification
Optional, opt-in (paid add-on), on-device + backend, never autonomous, raw input always retained.
A8.1. On-device CoreML. The App may include on-device CoreML helpers (hull-damage photo classifier, voice-to-text first pass). These run locally on your device and are not transmitted to any third-party AI provider. They are advisory; below a 70% confidence threshold the App surfaces a “needs review” badge and does not auto-publish a classification.
A9
WeatherKit, Live Activities and Live Data
Apple platform services — best-effort, not warranted by ML Consulting.
A9.1. WeatherKit attestation. Where an Intake Record, Technician Record, Storm Preparation Record, Spring Re-Commissioning record or Pack is attached to a WeatherKit Snapshot, that snapshot is sourced from Apple’s WeatherKit service on a best-effort basis at the moment of capture. ML Consulting does not warrant the accuracy, completeness, timeliness or availability of any WeatherKit value and is not liable for any decision (including a storm-preparation completeness check, owner-dispute defence position or insurer pack content) the Yard Operator takes in reliance on a WeatherKit Snapshot.
A9.2. Live Activities and APNs. The App uses Apple’s ActivityKit framework and APNs Time-Sensitive notifications to surface storm-event countdowns, intake follow-up reminders, owner-approval pending state and other operational reminders. These services are operated by Apple on a best-effort basis. ML Consulting does not warrant that any notification or Live Activity will be delivered, displayed or visible at any specific time, and is not liable for any decision (including a missed storm-preparation deadline) made in reliance on the presence or absence of a notification.
A9.3. EventKit writes. Where the Yard Operator enables EventKit follow-up writes, the App writes follow-up events to the Apple Calendar of the relevant authorised user. You are responsible for maintaining Calendar settings and the integrity of events outside the App.
A9.4. Operator remains responsible. Regardless of any WeatherKit Snapshot, notification, Live Activity or EventKit event, the Yard Operator remains responsible for performing the storm preparation, the intake, the service action, the spring re-commissioning, the owner handoff and any other operational action.
A10
Specific Prohibited Uses
In addition to section 12 of the Master Terms.
The Yard Operator and its authorised users must not:
▪ use the App for covert monitoring of technicians, front-desk staff, captains or other workers, or describe the App to any worker as anything other than a vessel-handoff and evidence tool;
▪ enter false Intake, Technician, Owner Approval, Storm Preparation, WeatherKit, GPS or audit-log data into the App;
▪ fabricate, alter or backdate Intake Records, Technician Records, Owner Approvals, biometric verifications, Apple Pencil signatures, Pack contents or audit-log entries;
▪ forge, replay or share with unauthorised parties any Share Link, Owner Approval, biometric verification or signed pack;
▪ use the App to present an Owner Approval as a Qualified or Advanced Electronic Signature under Regulation (EU) 910/2014 (eIDAS), or as a notarised or legally formed contract;
▪ use the App to present a Pack as a marine survey, classification-society document, insurance certificate, port-state-control submission or court exhibit;
▪ represent or imply that ML Consulting, the App or any Pack is endorsed, certified, approved, audited or warranted by BoatUS, Lloyd’s, Pantaenius, Markel, Travelers, Geico, AIG, any other insurer, any marine surveyor, any classification society, any port-state authority, any flag-state authority or any maritime regulator;
▪ use the App as a substitute for any required vessel survey, classification-society document, port-state inspection, ISM / ISPS / MLC obligation, vessel-register entry or other regulated record-keeping;
▪ use the App as a public marketplace, vessel-broking platform, public ratings service or talent agency;
▪ use Operator Reliability Score data to coordinate boycotts, exclusion campaigns or collective refusals to engage with named workers;
▪ remove, modify, obscure or attempt to forge the watermark or audit-trail block on any Pack;
▪ reverse-engineer the on-device CoreML hull-damage classifier, extract its weights, redistribute it, or train derivative models on App outputs.
A11
Plans, Billing and Liability
Direct Channel for all tiers; EUR 100,000 cap reflecting insurer-grade evidence and broker-pipeline exposure.
A11.1. Plans. DryDocked Field is sold under the following indicative Plan structure (EUR/year, ex-VAT, billed annually unless otherwise stated):
▪ Pilot (60–90 days, paid): €1,800 fixed — Direct Channel.
▪ Yard Starter: €2,400 — Direct Channel; smaller marinas / yards with modest seasonal volume.
▪ Yard Pro (public anchor): €6,000 — Direct Channel; premium marinas and yacht service yards; up to ~250 vessels.
▪ Premium Yacht Service: €12,000 — Direct Channel; premium yards handling 40–80ft vessels; up to ~500 vessels.
▪ Multi-Yard / Group: €18,000 — Direct Channel; multi-location operators, regional yard groups.
▪ Superyacht / Mega-Yacht Specialist: €30,000 — Direct Channel; superyacht refit yards.
▪ Add-on: Insurer-Aligned Template Pack — +€1,200 / year / insurer.
▪ Add-on: AI photo classifier — +€1,200 / year.
▪ Add-on: Insurer-Aligned Stand-by Service — €8,000 retainer + €3,500 / event.
▪ Add-on: Multi-Season Vessel History — +€600 / year.
▪ Onboarding & migration (one-time): €2,500–€10,000.
Actual Plan composition, limits and any service-level commitment are set out in the Order Form.
A11.2. Billing channel rule. All DryDocked Field tiers are billed via the Direct Channel. Payment never flows through Apple’s App Store In-App Purchase system, in accordance with Apple’s App Store Review Guidelines for B2B and reader-app categories. Where ML Consulting later offers an optional App Store IAP path for a specific feature, clauses 10.2–10.7 of the Master Terms apply to that path.
LIABILITY CAP
Notwithstanding clause 19.3 of the Master Terms, ML Consulting’s aggregate liability for any and all claims arising out of or relating to this Agreement during any twelve-month period in respect of DryDocked Field is limited to the greater of the total Subscription Fees paid by the Yard Operator in that twelve-month period.
A11.4. Operational and outcome limitation. Without prejudice to clause 19.1 of the Master Terms, ML Consulting is not liable for: (i) the outcome of any owner dispute, scope dispute, insurance claim, denial, recovery, recourse, regulatory finding, surveyor finding, classification-society finding or port-state-control finding; (ii) any vessel damage, refit damage, transport damage, sinking, storm damage, fire, theft or salvage event; (iii) any owner / captain / broker / insurer / surveyor decision; (iv) any broker-pipeline outcome, charter or season-revenue outcome; (v) the accuracy, timeliness or availability of WeatherKit, APNs, Apple Calendar or any other third-party service; or (vi) any decision the Yard Operator takes in reliance on App output, WeatherKit Snapshot, AI draft, Owner Approval, Pack, Live Activity or notification.
A11.5. Pre-paid Subscription Fees. Where a Subscription Term is terminated for cause attributable to ML Consulting under clause 22.2 of the Master Terms, ML Consulting will refund pre-paid Subscription Fees attributable to the unused portion of the affected Term on a pro-rata basis. Insurer-Aligned Stand-by Service retainer and event fees are governed by the relevant Order Form.
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