Builder User Terms Of Use

1. About these Terms

These Builder User Terms of Use govern access to and use of the private YachtCraft Index by yacht builders, shipyards, refit yards, design teams, project professionals and other authorised professional users.

YachtCraft Index is operated by:

CraftIndex OÜ
Registry code: 17498820
Legal form: Osaühing, OÜ
Registered address: Pärnu mnt 139b, Kesklinna linnaosa, Tallinn 11317, Harju maakond, Estonia
Email: office@yachtcraftindex.com

In these Terms, CraftIndex OÜ may be referred to as “CraftIndex,” “YachtCraft Index,” “we,” “us,” or “our.”

The person accessing the index may be referred to as the “Builder User,” “User,” “you,” or “your.”

The business, shipyard, studio, project team or other organisation represented by the Builder User may be referred to as the “Organisation.”

A company whose approved profile is displayed in YachtCraft Index may be referred to as a “Member Company” or “Listed Company.”

2. Business and professional use only

YachtCraft Index is strictly a business-to-business platform.

Builder User access is available only to persons acting for legitimate professional or commercial purposes.

You may access the index only if:

1. you are at least 18 years old;
2. you are acting in a professional capacity;
3. you are connected to a genuine business, organisation or professional project;
4. you have authority to act for the Organisation identified in your account;
5. you use the index only for legitimate professional sourcing, supplier evaluation or project-related purposes; and
6. the information you provide is accurate.

YachtCraft Index is not intended for consumer or private household use.

3. Eligible Builder Users

Eligible Builder Users may include authorised representatives of:

• yacht builders;
• shipyards;
• refit yards;
• yacht design studios;
• naval architecture firms;
• marine engineering firms;
• yacht project-management companies;
• professional procurement teams;
• owner representatives;
• technical consultants;
• interior design teams;
• professional project teams; and
• other maritime or project professionals approved by CraftIndex OÜ.

An independent consultant may qualify where the person is acting for a genuine professional practice or identifiable project purpose.

CraftIndex OÜ may determine whether a person or organisation falls within the intended professional user group.

4. Application and invitation

Builder User access may be:

• application-based;
• invitation-based;
• manually approved;
• connected to a verified professional email address; or
• granted through another controlled approval process.

Submitting an application does not guarantee access.

CraftIndex OÜ may:

• approve the application;
• request further information;
• request evidence of professional status;
• contact the Organisation;
• restrict the scope of access;
• reject the application; or
• revoke an invitation.

5. Information required for access

A Builder User may be required to provide:

• full name;
• professional email address;
• job title;
• Organisation name;
• Organisation website;
• country;
• professional role;
• type of organisation;
• reason for requesting access;
• project role;
• business telephone number;
• professional references; and
• other information reasonably necessary to assess eligibility.

You must keep this information complete, accurate and current.

6. Verification

CraftIndex OÜ may take reasonable steps to verify:

• your identity;
• your professional role;
• your connection to the Organisation;
• the existence of the Organisation;
• the professional nature of your intended use;
• your authority to act; and
• the legitimacy of your access request.

Verification may include:

• reviewing public professional information;
• reviewing the Organisation’s website;
• requesting confirmation from a corporate email address;
• requesting supporting documentation;
• contacting the Organisation; or
• asking additional questions.

Approval does not constitute a guarantee that CraftIndex OÜ has independently verified every fact supplied by the User.

7. Acceptance of these Terms

You must accept these Terms before receiving access to the private index.

Acceptance may occur when you:

• select the required acceptance checkbox;
• activate an invited account;
• complete an approved access application;
• sign in after being required to accept an updated version; or
• otherwise provide electronic acceptance through the platform.

The acceptance checkbox must remain unticked by default.

You must have an opportunity to access and review these Terms before accepting them.

8. Electronic acceptance record

CraftIndex OÜ may retain an electronic record of your acceptance, including:

• your name;
• your account identifier;
• your professional email address;
• your Organisation;
• the Terms version;
• the acceptance wording shown;
• the acceptance date and time;
• the IP address;
• browser or device information;
• the acceptance method;
• the acceptance-event identifier; and
• any later renewed acceptance.

Electronic acceptance has the same contractual effect as accepting an agreement in writing, to the extent permitted by applicable law.

9. Nature of Builder User access

Builder User access provides a limited right to use the private YachtCraft Index for approved professional purposes.

Access may allow you to:

• search for Member Companies;
• apply professional filters;
• view approved Company profiles;
• review capabilities and submitted portfolio material;
• review contact information;
• save or shortlist Companies;
• compare potentially relevant Companies;
• contact Companies directly; and
• use other functions made available to Builder Users.

Access does not transfer ownership of platform information, Company Content or database rights to you or your Organisation.

10. Free access

Builder User access may initially be offered free of charge.

Free access:

• does not guarantee permanent access;
• does not guarantee that all future features will remain free;
• does not create a right to any particular feature;
• may be restricted or discontinued in accordance with these Terms; and
• may be replaced by a paid or tiered access model in the future.

CraftIndex OÜ will not charge a new Builder User fee without first displaying the applicable price and obtaining the required agreement or payment authorisation.

11. Personal and individual account

Each Builder User must have an individual account.

Accounts are:

• personal to the approved User;
• connected to the identified Organisation;
• non-transferable;
• subject to professional eligibility; and
• subject to these Terms.

One Organisation may have multiple approved Builder Users, but each person must use a separate account.

12. No shared accounts

You must not:

• share your password;
• provide your account to another person;
• use a generic team account;
• permit colleagues to access the index through your login;
• sell or transfer access;
• lend the account to a consultant or contractor;
• allow access by an unapproved person; or
• use another person’s account.

A colleague who requires access must apply for or receive their own account.

13. Account security

You must:

• use a secure password;
• keep login credentials confidential;
• use only devices you are authorised to use;
• protect access to your professional email account;
• log out where appropriate;
• notify CraftIndex OÜ of suspected unauthorised access; and
• follow reasonable security instructions.

You are responsible for activity carried out through your account unless you have promptly notified CraftIndex OÜ of unauthorised use.

14. Changes to professional role

You must update CraftIndex OÜ if:

• you leave the Organisation;
• your professional role changes materially;
• you are no longer authorised to act for the Organisation;
• your professional email address changes;
• the Organisation ceases to exist;
• your access purpose changes; or
• information in your application becomes inaccurate.

CraftIndex OÜ may suspend access while updated eligibility is reviewed.

15. Permitted purpose

You may use YachtCraft Index only for legitimate professional purposes connected with:

• identifying potential suppliers;
• identifying specialist manufacturers;
• identifying workshops or creative specialists;
• technical or commercial supplier evaluation;
• yacht new-build projects;
• yacht refit projects;
• design development;
• project planning;
• procurement;
• due diligence;
• supplier research;
• professional collaboration; or
• another approved project-related purpose.

16. Permitted use of profiles

You may:

• read individual profiles;
• search by relevant capabilities;
• review submitted photographs and videos;
• review business contact information;
• save individual Companies to an internal shortlist;
• contact a Company regarding a genuine professional opportunity;
• discuss an individual Company internally with authorised colleagues; and
• retain limited notes reasonably necessary for a genuine project evaluation.

Your use must remain proportionate to the professional purpose for which access was granted.

17. Direct contact with Member Companies

You may contact a Member Company directly regarding:

• a genuine sourcing requirement;
• a potential project;
• a request for information;
• a request for quotation;
• technical capability;
• availability;
• delivery area;
• samples;
• professional collaboration; or
• reasonable due diligence.

Communications must be:

• truthful;
• relevant;
• professional;
• proportionate;
• lawful; and
• connected to a genuine business purpose.

18. Respect for contact preferences

You must respect:

• the Company’s stated contact method;
• reasonable communication times;
• requests to stop contact;
• confidentiality requirements;
• data-protection rights; and
• applicable electronic-communications rules.

Repeated unwanted contact, harassment or pressure may result in suspension.

19. Limited internal sharing

You may share limited information from an individual Company profile internally where reasonably necessary for:

• supplier evaluation;
• project planning;
• procurement review;
• technical assessment;
• due diligence;
• management approval; or
• discussion with colleagues working on the same genuine professional matter.

Internal sharing is permitted only with persons who:

• work for or are formally engaged by your Organisation;
• require the information for the relevant professional purpose;
• are subject to appropriate confidentiality obligations; and
• will not use the information for an unrelated purpose.

20. External advisers

You may share limited individual profile information with an external legal, technical, financial or professional adviser only where:

• the adviser is assisting with a genuine project or supplier evaluation;
• disclosure is reasonably necessary;
• the adviser is subject to professional or contractual confidentiality;
• the information is not used to build another database; and
• the sharing is proportionate.

You remain responsible for ensuring that the information is handled consistently with these Terms.

21. Prohibition on general external distribution

You must not:

• forward full profiles to unrelated third parties;
• distribute profile collections;
• publish profiles online;
• post profile information on social media;
• circulate screenshots outside the approved professional context;
• provide access to another business;
• upload profiles to a shared industry database; or
• make platform information generally available.

Permission for limited internal use does not permit public or unrestricted distribution.

22. Confidential nature of the index

YachtCraft Index is a private professional index.

Access does not make its contents public.

You must treat non-public platform information as confidential, including:

• profile details;
• photographs and videos;
• professional contact information;
• search structures;
• categories;
• capability tags;
• shortlists;
• private platform screens;
• account functions; and
• other non-public information made available through authorised access.

23. No guarantee of absolute confidentiality

CraftIndex OÜ uses reasonable access controls but cannot guarantee that:

• every authorised User will comply with these Terms;
• no screenshot will ever be taken;
• no unauthorised disclosure will ever occur;
• every cyberattack will be prevented; or
• every security incident will be avoided.

Your confidentiality obligations remain applicable regardless of the technical method by which you access the information.

24. Prohibition on scraping

You must not use:

• bots;
• crawlers;
• spiders;
• browser automation;
• scraping tools;
• scripts;
• extensions designed for extraction;
• automated agents;
• data-harvesting software;
• robotic process automation; or
• another automated method

to access, copy, collect, monitor or extract data from YachtCraft Index.

25. No bulk extraction

You must not:

• download Company profiles in bulk;
• collect contact details in bulk;
• export large quantities of data;
• systematically copy profile information;
• capture all Companies in a category;
• create a bulk mailing list;
• reproduce substantial parts of the index;
• repeatedly extract small portions for the purpose of reconstructing the database; or
• circumvent download or display limits.

26. No competing database

You must not use YachtCraft Index information to:

• create a competing directory;
• create a supplier database;
• create a yacht-industry contact database;
• enrich a commercial data product;
• populate another marketplace;
• operate a competing sourcing platform;
• reproduce YachtCraft’s capability structure;
• sell Company intelligence; or
• provide a database service to another party.

27. No resale or commercialisation of data

You must not:

• sell platform data;
• license platform data;
• rent platform data;
• trade platform data;
• provide paid access to platform information;
• commercially exploit Company contact details;
• use profiles as a commercial lead list for third parties; or
• receive compensation for providing YachtCraft Index data.

28. Database and platform rights

CraftIndex OÜ and its licensors retain all rights in:

• the YachtCraft Index database;
• the selection and arrangement of information;
• capability categories;
• taxonomies;
• tags;
• profile structures;
• search logic;
• filters;
• platform design;
• software;
• interface;
• editorial content;
• guidance materials;
• branding; and
• other platform elements.

No database, copyright, trade-secret or other intellectual-property right is transferred to you.

You receive only the limited right of use expressly granted by these Terms.

29. No reverse engineering

Except where mandatory law expressly permits otherwise, you must not:

• reverse engineer the platform;
• decompile software;
• attempt to discover source code;
• map private APIs;
• bypass access controls;
• probe internal systems;
• copy platform logic;
• reproduce search functions; or
• use technical information to create a competing service.

30. No mass marketing

You must not use YachtCraft Index primarily as a mass-marketing database.

You must not:

• send bulk promotional emails to Member Companies;
• send automated sequences to large numbers of Companies;
• contact Companies indiscriminately;
• use profile contacts for unrelated product sales;
• sell recruitment, finance, insurance or marketing services through bulk outreach;
• add profile contacts to marketing lists without an appropriate lawful basis;
• transfer contact details to a marketing agency; or
• continue marketing after an objection.

Individual professional contact connected with a genuine project or sourcing purpose is permitted.

31. No recruitment database use

You must not use Member Company information primarily to:

• recruit their employees;
• solicit their personnel in bulk;
• build a recruitment database;
• sell recruitment services;
• identify staff for unrelated headhunting; or
• target individuals outside the professional sourcing purpose.

A genuine project-related request for named professional contacts is not prohibited where it is reasonable and lawful.

32. No AI-model training

You must not use YachtCraft Index information to:

• train a general-purpose AI model;
• train a commercial machine-learning dataset;
• create embeddings for an external searchable database;
• improve a competing recommendation system;
• populate an external generative-AI knowledge base;
• fine-tune a model; or
• provide YachtCraft data to an AI-training provider.

This does not prohibit ordinary use of assistive software to prepare internal project notes, provided that:

• confidential profile information is not retained by an external model;
• the provider does not use the information for model training;
• the use complies with these Terms;
• the information is not used to reconstruct the index; and
• appropriate confidentiality safeguards are applied.

33. No automated decision without verification

You should not rely solely on automated or AI-generated analysis when deciding whether a Member Company is suitable for a project.

Important decisions must include appropriate professional review and independent verification.

34. Personal data

Profile contact information may constitute personal data where it relates to an identifiable individual.

You must process such information:

• only for a legitimate professional purpose;
• only to the extent necessary;
• securely;
• consistently with applicable data-protection law;
• in accordance with reasonable expectations;
• without unnecessary disclosure; and
• without retaining it longer than necessary for your purpose.

35. Independent data-controller responsibilities

Where you copy or use personal data outside YachtCraft Index for your own Organisation’s purposes, your Organisation may become independently responsible for that processing.

You and your Organisation are responsible for:

• identifying an appropriate lawful basis;
• providing required privacy information;
• respecting objections;
• maintaining security;
• handling data-subject requests;
• applying appropriate retention; and
• complying with applicable law.

CraftIndex OÜ does not become responsible for independent processing carried out by you or your Organisation.

36. Prohibited conduct

You must not use YachtCraft Index to:

• commit fraud;
• misrepresent a project;
• impersonate another person or Organisation;
• obtain confidential information dishonestly;
• harass a Company;
• send threats or abusive communications;
• infringe intellectual-property rights;
• distribute malware;
• conduct unlawful surveillance;
• facilitate bribery or corruption;
• evade sanctions;
• conduct unlawful trade;
• discriminate unlawfully;
• interfere with another account;
• test security without authorisation;
• damage the platform; or
• engage in unlawful conduct.

37. Accurate project representations

When contacting a Company, you must not materially misrepresent:

• your identity;
• your Organisation;
• your authority;
• the existence of a project;
• the project stage;
• the intended use of information;
• the availability of funding;
• the proposed commercial relationship; or
• the nature of the enquiry.

38. Confidential enquiries

You are responsible for deciding what project information may be disclosed to a Member Company.

Before disclosing confidential information, you should consider:

• the Company’s need to know;
• internal authorisation;
• owner confidentiality;
• vessel security;
• a non-disclosure agreement;
• data-protection requirements;
• export controls; and
• other project restrictions.

YachtCraft Index does not make project information confidential merely because contact occurred through the platform.

39. No obligation to contact or contract

Viewing, saving or contacting a Member Company does not require you or your Organisation to:

• request a quotation;
• continue discussions;
• appoint the Company;
• enter into a contract;
• provide feedback;
• purchase goods or services; or
• disclose project information.

Similarly, a Member Company is not required to respond or accept work.

40. Direct agreements

Any enquiry, quotation, contract, order, payment or project relationship is entered into directly between the relevant parties.

CraftIndex OÜ is not a party to those arrangements.

You and the Member Company are solely responsible for agreeing:

• scope;
• specifications;
• price;
• payment;
• currency;
• tax;
• delivery;
• transport;
• installation;
• insurance;
• warranties;
• intellectual property;
• confidentiality;
• technical standards;
• classification requirements;
• governing law; and
• dispute resolution.

41. Independent due diligence

You must conduct appropriate due diligence before selecting or contracting with a Member Company.

Depending on the project, this may include checking:

• legal identity;
• registration;
• ownership;
• authority;
• sanctions status;
• financial standing;
• creditworthiness;
• references;
• insurance;
• certifications;
• facilities;
• machinery;
• production capacity;
• materials;
• quality systems;
• technical competence;
• project history;
• export capability;
• delivery arrangements; and
• compliance with relevant standards.

42. Company-supplied information

Profiles are based primarily on information and Content supplied by the relevant Member Company.

CraftIndex OÜ may review profiles for relevance, structure, quality and general credibility, but does not guarantee that every statement or document has been independently verified.

43. No endorsement or comprehensive certification

Inclusion in YachtCraft Index does not automatically constitute:

• endorsement;
• recommendation;
• guarantee;
• technical approval;
• financial approval;
• legal approval;
• regulatory approval;
• quality certification; or
• confirmation of suitability for a particular project.

44. Verified Company status

Where a Company holds Verified Company status, that status confirms only the criteria expressly described by CraftIndex OÜ.

Unless expressly stated, it does not mean that CraftIndex OÜ has:

• audited the Company comprehensively;
• tested its products;
• verified every certificate;
• guaranteed its finances;
• guaranteed its performance;
• guaranteed delivery; or
• accepted liability for its work.

45. Awards and recognition

Official Member status, certificates, editorial awards and membership milestones do not guarantee suitability for a project.

You must assess the underlying Company independently.

46. No guarantee of Member Companies

CraftIndex OÜ does not guarantee:

• the accuracy of all profile information;
• Company solvency;
• Company availability;
• response time;
• quality;
• technical compliance;
• legal compliance;
• certification;
• delivery;
• pricing;
• insurance;
• performance;
• conduct; or
• project outcome.

47. No guarantee of uninterrupted access

CraftIndex OÜ aims to maintain a reliable platform but does not guarantee continuous or error-free access.

The platform may be unavailable because of:

• maintenance;
• software updates;
• hosting issues;
• database issues;
• security incidents;
• internet failure;
• cyberattack;
• legal requirements;
• provider failure;
• force majeure; or
• circumstances outside reasonable control.

48. Platform changes

CraftIndex OÜ may change:

• search functions;
• categories;
• filters;
• profile layouts;
• account functions;
• access levels;
• available Companies;
• technical requirements;
• security controls; and
• other platform features.

CraftIndex OÜ does not guarantee that a particular feature or profile will remain permanently available.

49. Company profile removal

A Member Company may:

• cancel membership;
• become inactive;
• request profile removal;
• be suspended;
• be rejected;
• fail to renew;
• be removed for breach; or
• cease operating.

CraftIndex OÜ is not responsible where a previously viewed or saved Company profile later becomes unavailable.

50. Saved information and shortlists

A shortlist or saved profile is a convenience feature only.

CraftIndex OÜ does not guarantee:

• permanent retention of saved Companies;
• permanent availability of a profile;
• preservation of personal project notes;
• recovery of deleted lists; or
• that a Company’s information will remain unchanged.

You should retain your own authorised project records where necessary.

51. Complaints about Member Companies

You may report concerns about a Member Company to:

office@yachtcraftindex.com

A report should include:

• your identity;
• the Company concerned;
• the relevant facts;
• supporting information;
• whether a project or contract exists;
• whether legal proceedings are pending; and
• the action requested.

CraftIndex OÜ may review the report but is not required to decide a commercial dispute.

52. Complaints about Builder User conduct

Member Companies may report Builder Users for:

• spam;
• harassment;
• misleading enquiries;
• account sharing;
• misuse of contact details;
• confidentiality breaches;
• mass marketing;
• scraping;
• false project representations; or
• other misconduct.

CraftIndex OÜ may investigate such reports.

53. Monitoring and audit

CraftIndex OÜ may process account and technical activity to:

• maintain security;
• verify compliance;
• identify unusual access;
• detect scraping;
• detect bulk extraction;
• investigate complaints;
• protect Company information; and
• preserve evidence.

This may include reviewing:

• login records;
• access frequency;
• search activity;
• technical requests;
• download patterns;
• unusual profile-view patterns;
• IP addresses;
• devices; and
• security alerts.

CraftIndex OÜ does not undertake to monitor every action or communication.

54. Suspension

CraftIndex OÜ may suspend access where:

• eligibility cannot be verified;
• account information is inaccurate;
• account sharing is suspected;
• scraping or bulk extraction is suspected;
• mass marketing is reported;
• Company information is misused;
• a security risk exists;
• a complaint requires investigation;
• sanctions concerns arise;
• unlawful conduct is suspected; or
• these Terms may have been breached.

Suspension may be immediate where necessary to protect the platform, Member Companies or other users.

55. Opportunity to respond

Where appropriate, CraftIndex OÜ may:

• notify you of the concern;
• request an explanation;
• request supporting evidence;
• request confirmation from the Organisation;
• require a password reset;
• require renewed acceptance;
• impose conditions on access; or
• allow a reasonable period to correct the issue.

CraftIndex OÜ is not required to provide advance notice where immediate action is reasonably necessary.

56. Termination

CraftIndex OÜ may terminate Builder User access where:

• you are no longer eligible;
• you leave the Organisation and do not update the account;
• you materially or repeatedly breach these Terms;
• you provide false information;
• you share the account;
• you scrape or extract data;
• you create a competing database;
• you misuse personal data;
• you send mass marketing;
• you harass a Company;
• you create a legal or security risk;
• sanctions restrictions apply;
• you use the platform unlawfully; or
• continued access would create unreasonable risk.

57. Discretionary termination of free access

Because Builder User access may be free, CraftIndex OÜ may also discontinue an individual User’s access or a category of free access for legitimate operational reasons.

Where practical, reasonable notice may be provided.

No compensation is due for termination of free access unless mandatory law requires otherwise.

58. Inactive accounts

A Builder User account may be classified as inactive after 24 months without login.

CraftIndex OÜ may then:

• request confirmation of your Organisation and professional role;
• require updated account information;
• require acceptance of current Terms;
• suspend access;
• deactivate the account; or
• delete or anonymise information no longer required.

Limited security, acceptance and misuse-prevention records may be retained where reasonably necessary.

59. Reactivation

A suspended or inactive account may be reactivated at CraftIndex OÜ’s discretion.

Reactivation may require:

• a new application;
• professional re-verification;
• confirmation from the Organisation;
• a new professional email address;
• acceptance of updated Terms;
• updated privacy information; or
• another security check.

60. Effect of termination

When Builder User access ends:

• you must stop accessing the private index;
• the account may be disabled;
• saved lists may become unavailable;
• you must stop using retained platform information for new purposes;
• you must delete information that is no longer necessary or lawfully retained;
• you must not represent yourself as an active Builder User; and
• confidentiality and intellectual-property obligations continue.

61. Information retained after access ends

CraftIndex OÜ may retain limited Builder User records for:

• contract and acceptance evidence;
• security;
• misuse prevention;
• complaint handling;
• legal compliance;
• dispute resolution;
• sanctions compliance;
• fraud prevention; and
• legal claims.

Retention is governed by the Privacy Policy.

62. Service communications

CraftIndex OÜ may send necessary account and service communications, including:

• invitations;
• account activation;
• identity or role verification;
• security notices;
• changes to access;
• inactivity notices;
• suspension notices;
• complaint communications;
• legal updates;
• reacceptance requests; and
• termination notices.

These are service communications and do not depend on marketing consent.

63. Marketing communications

Newsletters, platform updates and promotional communications will provide a separate unsubscribe method where required.

Unsubscribing from marketing does not prevent essential account, security or legal communications.

64. Privacy

CraftIndex OÜ processes Builder User personal data according to the YachtCraft Index Privacy Policy.

The Privacy Policy explains:

• information collected;
• processing purposes;
• legal bases;
• service providers;
• recipients;
• international transfers;
• retention;
• security;
• individual rights; and
• complaint procedures.

65. Third-party services

The platform may rely on providers including:

• Supabase;
• Vercel;
• Cloudflare;
• Google;
• Google Workspace;
• Brevo;
• Stripe; and
• other technical or professional providers.

CraftIndex OÜ may replace or add providers where reasonably necessary.

66. External links

Profiles may contain links to Member Company websites.

CraftIndex OÜ does not control external websites and is not responsible for their:

• content;
• security;
• availability;
• privacy practices;
• cookies;
• claims;
• products;
• services; or
• transactions.

Accessing an external website is at your own risk.

67. Intellectual property

CraftIndex OÜ and its licensors retain all rights in the YachtCraft Index platform and materials.

Member Companies retain their rights in Company Content.

You must not copy, use or distribute:

• Company photographs;
• videos;
• logos;
• drawings;
• project descriptions;
• certificates; or
• other protected Content

except as reasonably necessary for the permitted professional evaluation under these Terms or with the right holder’s permission.

68. No public use of Company Content

You must not use Company Content in:

• public presentations;
• advertising;
• social media;
• press material;
• public reports;
• websites;
• promotional material;
• publications; or
• unrelated project portfolios

without appropriate permission from the relevant right holder.

69. Disclaimer of warranties

To the maximum extent permitted by law, YachtCraft Index is provided on an “as available” basis.

CraftIndex OÜ does not warrant that:

• access will always be available;
• all profile information is accurate;
• all Companies are suitable;
• all Companies will respond;
• all Companies will perform;
• all errors will be corrected immediately;
• saved information will remain permanently available; or
• use of the platform will produce a successful project outcome.

70. Exclusion of liability

Subject to the mandatory-law exceptions below, CraftIndex OÜ is not liable for:

• indirect or consequential loss;
• loss of profit;
• loss of revenue;
• loss of business;
• loss of opportunity;
• project delay;
• project cancellation;
• additional procurement cost;
• defective work;
• non-performance by a Company;
• inaccurate Company information;
• reliance on user-supplied Content;
• unauthorised disclosure by another user;
• loss of confidential information disclosed by you;
• temporary platform unavailability;
• loss of saved lists or notes; or
• third-party service failure outside CraftIndex OÜ’s reasonable control.

71. Liability cap

To the maximum extent permitted by law, CraftIndex OÜ’s total aggregate liability to a Builder User arising from or connected with free Builder User access will not exceed €100.

Where a Builder User has paid CraftIndex OÜ for a specific service, the liability relating to that service will not exceed the amount paid for that service during the 12 months preceding the event giving rise to the claim, unless the applicable paid-service terms provide otherwise.

The cap applies to all connected claims in aggregate.

72. Mandatory exceptions

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law.

In particular, nothing excludes or limits liability for:

• intentional misconduct;
• fraud;
• fraudulent misrepresentation; or
• another liability that cannot legally be excluded or limited.

73. Responsibility for your Organisation

You are responsible for ensuring that persons within your Organisation who receive information through permitted internal sharing comply with the relevant confidentiality, data-use and intellectual-property restrictions.

Your Organisation may be responsible for actions taken by its personnel using information obtained from your account.

74. Indemnity

To the extent permitted by law, you and the Organisation you represent will indemnify CraftIndex OÜ against reasonable losses, liabilities, costs and third-party claims resulting from:

• account sharing;
• unlawful data extraction;
• scraping;
• unauthorised marketing;
• misuse of personal data;
• unauthorised disclosure;
• intellectual-property infringement;
• false project representations;
• unlawful use;
• breach of confidentiality;
• breach of these Terms; or
• contracts or disputes between you and a Member Company.

CraftIndex OÜ will provide reasonable notice of a relevant third-party claim where appropriate.

75. Force majeure

CraftIndex OÜ is not liable for delay or failure caused by circumstances beyond its reasonable control.

These may include:

• natural disaster;
• war;
• terrorism;
• civil disorder;
• government action;
• sanctions;
• widespread internet failure;
• power failure;
• cyberattack;
• major infrastructure failure;
• provider failure;
• epidemic;
• labour disruption; or
• another comparable event.

76. Changes to these Terms

CraftIndex OÜ may update these Terms to reflect:

• legal changes;
• platform changes;
• new functions;
• changes to access rules;
• security requirements;
• new risks;
• changes in business operations; or
• clarification of existing provisions.

Material changes will normally be communicated before they take effect.

CraftIndex OÜ may require renewed electronic acceptance before further access is allowed.

If you do not accept the updated Terms, you must stop using YachtCraft Index.

77. Notices

CraftIndex OÜ may send notices to the professional email address associated with your account.

You must keep that address current.

A notice is considered sent when dispatched to the registered address unless CraftIndex OÜ receives a permanent delivery-failure notification.

Formal notices to CraftIndex OÜ should be sent to:

office@yachtcraftindex.com

78. Assignment

You may not transfer your account or rights under these Terms to another person or Organisation.

CraftIndex OÜ may transfer these Terms as part of:

• a sale of YachtCraft Index;
• a merger;
• a corporate restructuring;
• a transfer to an affiliated company;
• a transfer of the relevant business; or
• a transfer of substantially all relevant assets.

A successor must continue to respect the applicable contractual and privacy obligations.

79. Independent parties

Nothing in these Terms creates:

• an agency;
• partnership;
• joint venture;
• employment relationship;
• fiduciary relationship;
• procurement mandate; or
• representation relationship

between CraftIndex OÜ, the Builder User, the Organisation or any Member Company.

80. No waiver

Failure or delay in enforcing a right does not waive that right.

A waiver is effective only where clearly provided in writing by an authorised representative.

81. Severability

If a provision is found invalid, unlawful or unenforceable, the remaining provisions remain effective.

The invalid provision will be interpreted or replaced, where permitted, with a valid provision that most closely reflects its intended purpose.

82. Entire agreement

These Terms, together with the Privacy Policy, Platform Disclaimer and any specific accepted access conditions, form the agreement governing Builder User access.

They replace earlier representations concerning the same access unless a separate written agreement expressly states otherwise.

83. No third-party enforcement

Except where expressly stated, a person who is not a party to these Terms has no right to enforce them.

84. Governing law

These Terms are governed by the laws of the Republic of Estonia.

Mandatory legal provisions that cannot lawfully be excluded remain applicable.

85. Dispute resolution

Before beginning court proceedings, the parties should attempt in good faith to resolve a dispute through written communication.

A dispute notice should include:

• the User;
• the Organisation;
• the relevant account;
• the relevant facts;
• the claimed breach;
• the requested resolution; and
• supporting information.

If the dispute is not resolved within 30 calendar days, either party may begin legal proceedings.

86. Jurisdiction

The courts of Estonia have exclusive jurisdiction over disputes arising from or connected with these Terms or Builder User access.

Where legally permitted, Harju County Court in Tallinn will be the court of first instance.

87. Language

These Terms are written in English.

Translations may be provided for convenience.

If a translation conflicts with the English version, the English version prevails unless applicable law requires otherwise.

88. Contact

Questions, access requests, complaints and legal notices may be sent to:

CraftIndex OÜ
Registry code: 17498820
Pärnu mnt 139b
Kesklinna linnaosa
Tallinn 11317
Harju maakond
Estonia

Email: office@yachtcraftindex.com