This agreement is between:
(1) Benjamin Haugh, trading as Burgee Marine, of [TRADING ADDRESS] ("we", "us", "burgee"); and [INCORP — replace with the company, its registered number and registered office; the operator ceases to be an individual**]**
(2) the captain named in the invitation email ("you"), acting for the vessel identified during onboarding (the "Vessel").
Date: the date you accept this agreement by signing up.
1. What this is
burgee is pre-launch software. You are one of a small, hand-picked group of founding captains being given early access while we learn whether it works. This agreement sets out what we each expect. It is deliberately short and readable; nothing in it is intended to catch you out.
Please read clause 5 (your crew's and guests' data) and clause 8 (what burgee will not do) even if you skip the rest.
2. What you get
2.1 Access to the burgee directory and, for the Vessel, the burgee agent, free of charge for the whole founding phase. There is no card, no trial countdown and no automatic charge at any point under this agreement.
2.2 Direct access to us. During the founding phase a real person — Ben — is reviewing the agent's work before it reaches you, and you can reach him directly.
2.3 We will tell you, in advance and in writing, before the founding phase ends or before burgee ever becomes chargeable to you. If you do nothing in response, your access simply stops; you will never be charged by default.
3. What we ask of you
3.1 Feedback. Tell us what is wrong, confusing or missing. That is the whole point of the founding phase and it is the consideration for free access.
3.2 Vouching honestly. The directory's value rests on captains vouching for suppliers they have genuinely used. Please only vouch for suppliers you have actually worked with.
3.3 Reasonable use. Don't scrape the directory, resell access, or share your login. The directory is invitation-only by design.
3.4 Either of us may end this agreement at any time on 30 days' written notice, or immediately if the other seriously breaches it. The founding phase itself ends [FOUNDING PHASE END — currently: on 30 days' written notice from us].
4. Who owns what
4.1 Your vessel's records stay yours. Everything you enter about the Vessel, its crew, its schedule and its documents belongs to you and the Vessel's owning entity. We claim no ownership of it and will not sell it.
4.2 We own burgee — the software, the directory as a compiled work, and anything we build.
4.3 Vouches and contributions. When you vouch for a supplier or submit a contact, you give us a perpetual, royalty-free licence to keep that contribution in the directory, including after you leave. Without that the directory could not survive individual captains coming and going. We will not attribute a vouch to you publicly beyond what the product already shows other captains.
4.4 Getting your data out. At any time, and on leaving, you can ask us for an export of the Vessel's records and we will provide it in a usable format within 30 days.
5. Your crew's, guests' and owner's personal data
This clause matters more than any other in this agreement.
5.1 burgee stores personal data about people who are not party to this agreement — your crew, your charter guests, and the Vessel's owner. You are responsible for having a proper basis to put their information into burgee, and for telling them that you have. We provide a privacy notice you can share with them.
5.2 We handle that data in line with the burgee privacy notice, which forms part of this agreement. We encrypt sensitive fields, we do not sell personal data, and we do not use your Vessel's records to train AI models.
5.3 Please do not enter crew medical information during the founding phase. That includes the crew medical-notes field and clinical detail in incident reports — symptoms, diagnoses, treatment or outcomes. Health data carries obligations we are not ready to meet at founding-phase scale, and during this phase a person at burgee may read what is in your records in the course of reviewing the agent's work. Record that an incident happened and who was involved; keep the clinical detail in your own systems.
5.4 If you do enter it anyway, tell us and we will delete it.
5.5 Ultimate beneficial ownership. burgee deliberately does not store UBO information. Please do not enter it. Public registered-owner and manager details are fine.
6. What the agent does on your behalf
6.1 The agent contacts suppliers in your name, by email, and will identify the Vessel to them. That is how quote sourcing works.
6.2 Nothing goes out without you approving it. The agent drafts; you send. It does not commit you to anything, spend your money, or agree terms on your behalf.
6.3 Supplier replies are parsed by AI. It will sometimes be wrong. Check anything that matters — a price, a date, an availability — against the supplier's actual message, which we always keep and show you.
7. This is early software
7.1 It will have bugs, it will change without notice, and it may lose data. Please do not make burgee the only place any record exists — keep your own copies of anything you cannot afford to lose.
7.2 burgee is not the Vessel's official log, and it is not a compliance system. It does not replace your flag state's, your class society's or your insurer's requirements.
7.3 We provide it as is. To the extent the law allows, we exclude the implied warranties — but see clause 9.3: nothing here removes rights you have as a consumer if you have them.
8. What burgee will not do
The agent is built to decline, not to guess, on anything where being wrong is dangerous. It will not give you route or passage planning, weather routing, navigational advice, medical diagnosis or treatment advice, legal or regulatory compliance rulings, or financial and tax advice. It will not move money. If it declines one of these, that is the product working correctly — take it to the right professional.
9. If something goes wrong
9.1 We are liable to you for losses we cause by breaking this agreement or by negligence, where those losses are a foreseeable result. We are not liable for losses that were not foreseeable, or for business losses — lost profit, lost charters, lost opportunity or wasted expenditure.
9.2 Because burgee is provided to you free of charge, our total liability to you for everything arising under this agreement is limited to £[500]. [INCORP — revisit this figure with the company's insurance position; as a sole trader liability above any cap is personal.]
9.3 Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. If you are acting as a consumer rather than in the course of a business, your statutory rights are unaffected.
10. Confidentiality
Each of us will keep the other's confidential information confidential. Yours includes the Vessel's records and your owner's affairs; ours includes anything you see about how burgee works that is not public. This survives the agreement ending.
11. Changes
We may change this agreement, but we will tell you at least 30 days beforehand and you can end the agreement instead of accepting.
12. Law
This agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. (Confirmed by Ben, 2026-07-29.)
Accepted by:
Captain: ______________________ Vessel: ______________________ Date: ____________
For burgee: ______________________ Date: ____________
Draft 1 · 2026-07-29 · unreviewed