Terms of Service

Effective date: September 17, 2026

This Terms of Service (“Terms”) explains the rules for using the EverWatch service. It covers:

• the EverWatch app for iPhone and Android;
• the EverWatch controller and our vessel monitoring service, including the web portal at portal.geteverwatch.com;
• our website and online store at geteverwatch.com.

We call these the “Services”. By creating an account, buying a controller or plan, or using the app or portal, you agree to these Terms and our Privacy Policy (https://geteverwatch.com/privacy). If you do not agree, please do not use the Services.

These Terms include mandatory arbitration and a class action waiver (section 16).

1. Acceptance and Who Can Use the Services

You must be 18 or older to create an account or use the Services. We do not knowingly provide the Services to anyone under 18.

Authority to bind. If you are buying or using EverWatch for a company, vessel or other entity, you represent that you have the authority to agree to these Terms on its behalf.

Account and membership. You agree to provide accurate information when you create an account and to keep it up to date. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to your account.

2. Accounts, Vessel Ownership, Roles and Members

Vessel owner. The person who creates a vessel account is the vessel owner. The owner can invite others to the vessel, set their roles, add alert contacts and change vessel settings.

Roles. You can invite others to your vessel with one of these roles:

• Owner: full access to all vessel data, settings and alerts. The owner can change the monitoring plan, invite or remove members, and delete the vessel.
• Admin: can modify vessel settings, add or remove members and alert contacts, and view all data.
• Manager: can view data, modify settings and add alert contacts, but cannot invite or remove members.
• Viewer: can view vessel data only.

Alert contacts. When you add someone as an alert contact (to receive texts, calls or emails about alarms), you confirm that you have their permission to share their name, email address, mobile number and time zone with us and to send them alerts by push notification, email, SMS and phone call. If they later ask to stop receiving alerts, they can reply STOP to any text message or contact us at support@geteverwatch.com.

Shared responsibility. You are responsible for the people you add to your vessel and the alert contacts you designate. If they misuse the service, alerts or access, you may be held liable.

3. Hardware Purchase and Installation

EverWatch controller. The EverWatch controller is a hardware device installed aboard your vessel. You can buy one at geteverwatch.com, either with or without a monitoring plan.

Return policy. EverWatch controllers may be returned within 30 days of purchase if not installed or activated for service. See our Return Policy for the full terms, including RMA requirements, restocking conditions, and return shipping responsibility.

Warranty. The EverWatch controller is covered by a limited 24-month warranty against defects in material and workmanship under normal use. See our Limited Warranty for coverage details, exclusions, claim procedures and limitations on our liability.

Tampering voids your warranty. Opening, modifying or tampering with the controller or its SIM card, jailbreaking or rooting the controller, or installing unauthorized firmware is not allowed under these Terms (see section 10) and voids your hardware warranty.

Installation. Installing the controller aboard your vessel is your responsibility. We do not warrant the quality or safety of installation. Proper marine installation is critical to your vessel’s safety and the controller’s performance. We recommend having it installed by a qualified marine electrician. The controller is not a substitute for professional marine electrical inspection or maintenance.

No guarantee of fitness. EverWatch does not guarantee that the hardware will work on your specific vessel, with your specific electronics, or in your specific installation environment. Installation compatibility, sensor accuracy and cellular coverage depend on your boat’s make, model, wiring, sensors and location.

4. Monitoring Plans and Billing

What the plan includes. A monitoring plan pays for:

• the controller’s cellular data connection (SIM service);
• 24/7 alert delivery by push notification, email, SMS text message and automated phone call;
• cloud storage of your vessel’s history, location track and maintenance log;
• firmware updates delivered over Wi-Fi or cellular;
• SmartLog maintenance features and optional AI invoice reading (with your consent; see section 8).

Plans are tied to the controller. Your monitoring plan belongs to your vessel’s controller, not to you or your Apple ID. If you sell your boat or transfer the controller to a new owner, the plan can transfer with it.

Billing and auto-renewal. Plans are sold and renewed on geteverwatch.com, handled by our payment processor Stripe or PayPal. You agree that:

• Your plan will auto-renew on the renewal date each month or year (depending on which plan you choose);
• we will charge your saved payment method on each renewal date;
• to avoid being charged for the next period, you must cancel at least 2 business days before your renewal date;
• we will send a renewal reminder by email to the email address on your account at least 2 days before each automatic renewal.

No in-app purchase. Plans are not sold inside the EverWatch app. All plan purchases, changes and renewals happen on geteverwatch.com.

Price changes. We may change plan prices with 30 days’ written notice. Changes apply to new plans and renewals after the notice period. If we raise the price of your plan before renewal, you can cancel before the new price takes effect.

Cellular data allowance and fair use. Your plan includes a monthly cellular data allowance (for example, 75 MB/month). The controller tracks its usage and reports it in the app and portal, and it uses Wi-Fi whenever Wi-Fi is available. Under our fair use policy:

• the controller may use up to 50% more than the plan’s expected monthly usage;
• beyond that, the controller switches to ultra-low data mode until your next monthly period begins. Over cellular it then sends alarms only; readings, history, maps and firmware updates wait for Wi-Fi or the next month;
• if usage stays excessive even in ultra-low data mode (for example, a fault or tampering), we may suspend the controller’s cellular service until the next monthly period. We will tell you if we do. The controller can still report over Wi-Fi;
• there are no overage charges.

Coverage and delays. Your plan requires a cellular network connection provided by our carrier partner (ChoiceIOT and its network operators). Alerts may be delayed or fail due to:

• power loss to the controller or Wi-Fi router;
• loss of Wi-Fi or cellular signal;
• network outages from the carrier, Twilio, push notification services, email providers or SMS/phone providers;
• your phone’s notification settings (do-not-disturb, app permissions, battery saver mode);
• being outside the United States, ultra-low data mode, or cellular service being suspended under the fair use policy.

We do not control these providers and are not responsible for delays or failures outside our systems.

United States only. The controller’s cellular service works only in the United States. Outside the United States (for example in the Bahamas), the controller can report only over Wi-Fi. With no Wi-Fi connection, it cannot send data or alerts. The EverWatch app itself works wherever your phone has internet access.

Cancellation. You can cancel your plan at any time on the geteverwatch.com portal, at least 2 business days before your renewal date (see above). Cancellation takes effect at the end of your current billing period — the Service continues through the end of the period you already paid for, and no refunds are given for early termination or cancellation, or for unused portions of a billing cycle.

Refunds. Hardware refunds are handled under our Return Policy (see section 3): controllers may be returned within 30 days of purchase if not installed or activated for service. Monitoring plans (the recurring service fee) are not refundable, including for early cancellation or termination.

5. Safety Disclaimer (Important)

EverWatch is a monitoring aid, not a life-safety or emergency system. Please read this section carefully.

The EverWatch service monitors your vessel and sends you alerts. It is not a substitute for:

• maintaining a proper watch aboard your vessel;
• maintaining adequate bilge pumps and dewatering systems;
• keeping your vessel insured;
• having emergency equipment aboard (life jackets, flares, first aid, etc.);
• following applicable maritime safety rules.

Alerts may be delayed, missed or false due to:

• power failures, sensor malfunctions, GPS errors or low batteries on the controller;
• Wi-Fi or cellular coverage gaps, signal weakness or network outages;
• delays from the carrier, alert delivery services, your phone, your email provider or SMS/phone providers;
• your phone’s alert and notification settings.

We do not contact emergency services. EverWatch does not call 911, the Coast Guard or your local emergency services. If your vessel is in danger, you must call emergency services yourself (911 in the US, the local emergency number elsewhere). Do not rely on EverWatch to reach emergency services for you.

You assume all risk. You are solely responsible for your vessel’s safety, emergency preparedness and monitoring. Do not rely on EverWatch to prevent or respond to loss, damage, theft, sinking, injury, death or any other emergency. EverWatch may fail at any time, and you are responsible for consequences.

6. Alerts, Communications and Your Consent

You consent to receive alerts. By setting up a monitoring plan, you consent to receive service alerts from EverWatch by:

• push notification to your phone;
• email to your email address;
• SMS text message to your phone number;
• automated phone call to your phone number.

Alert frequency and content. Alerts vary in frequency and content depending on your vessel’s sensors, settings and conditions. Critical alarms may repeat by push notification and phone call until someone acknowledges them.

Opting out. Each person can turn push, email, text and call alerts on or off individually in the EverWatch app under Account → Notifications. To stop text messages, reply STOP to any EverWatch text. To withdraw all consent or request other communication changes, email privacy@geteverwatch.com.

Message and data rates. Standard SMS and data rates from your mobile carrier apply. We do not control your carrier’s charges.

Service messages. Separately from alerts, we may send you service messages by email or app notification, such as:

• password reset and account verification;
• plan renewal, payment and billing notices;
• important changes to the Services;
• security alerts.

You cannot opt out of service messages if your account is active.

7. Anchor Watch, Geofence and GPS Limitations

How they work. Anchor watch and geofence features use your controller’s GPS and our servers to monitor your vessel’s position. You can set the controller to alert you if the vessel drifts outside a set radius (anchor watch) or an area you draw (geofence).

GPS accuracy. GPS location is approximate and may have errors of 5–50 meters or more depending on signal strength, obstruction, atmospheric conditions and the GPS chipset. Tall buildings, bridges, dense forests and dense urban areas can degrade accuracy.

Alerts depend on cellular connection. Anchor watch and geofence alerts are sent only when the controller has Wi-Fi or cellular connectivity. If the controller loses connection, it cannot send position updates or alerts until it reconnects.

Location is sent continuously. The controller sends location data to our servers every few minutes. This data is stored as long as your plan is active (see the Privacy Policy). If you do not want your vessel’s location tracked, you must not enable anchor watch or geofence.

Not a substitute for proper anchoring. Anchor watch is a convenience feature. It does not prevent dragging, collision, grounding or other navigation hazards. You must still maintain a proper watch, use appropriate anchor and scope, monitor weather, and obey maritime rules of navigation.

8. SmartLog and AI Processing

SmartLog overview. SmartLog is a maintenance log where you can record work done on your vessel, track equipment and set maintenance reminders. It is included with your monitoring plan.

AI invoice reading. SmartLog can optionally read photographs or PDFs of maintenance invoices and fill in a log entry for you. This feature uses AI from Anthropic, PBC.

Consent required. Before we send any invoice or image to Anthropic for AI processing, you must opt in. Go to Account → Privacy → AI processing in the app and choose to allow it. This is a personal permission — you, not the vessel owner, decide. Once you opt in, AI processing is available for you to use on that vessel; if you opt out, processing stops and nothing more is sent.

What we send to Anthropic:

• the photo or PDF you choose;
• your vessel’s equipment list (equipment type, name, model and serial number).

We do not send your name, vessel name, location or the invoice metadata. However, the invoice image itself may contain names, addresses, phone numbers, prices or other business information.

AI output may be wrong. The AI result is a suggestion only. You must check the log entry before saving it. AI can misread text, omit details, invent information or make mistakes. You are solely responsible for the accuracy of your maintenance log. Do not rely on AI output without verification.

Anthropic’s data handling: Anthropic handles your invoice and equipment data under its Data Processing Terms for Business. Anthropic does not use this data to train its models. Anthropic currently deletes API inputs and outputs within 30 days, but may keep them longer where needed to enforce its usage policies or comply with law. We have requested zero retention; if this changes, we will update the Privacy Policy.

Data retention. We keep the photo/PDF and the log entry you created until you delete them. The AI’s raw response is kept for 30 days in case we need to investigate a reading error.

Not professional maintenance advice. SmartLog and AI suggestions are tools for recordkeeping. They are not professional maintenance advice, service recommendations or engineering guidance. You must follow your equipment manufacturer’s maintenance schedule and consult qualified marine technicians for repairs and service.

Maintenance reminders. SmartLog can suggest maintenance tasks based on your equipment type and engine hours. These are reminders only, not schedules. Maintenance schedules, intervals and reminders are provided on a best-effort basis and may be incomplete or out of date. They must be verified by the vessel owner and/or an authorized manufacturer representative or service provider before relying on them. Always follow the manufacturer’s maintenance intervals for your specific engine make, model and year.

Transferring your log. You can download your entire maintenance log as a PDF or spreadsheet, or share it via a link. See the Privacy Policy for details on log exports and account deletion.

9. Firmware Updates and Remote Features

Automatic updates. The EverWatch controller automatically downloads and installs firmware updates from our servers. Updates are delivered over Wi-Fi when available, or over cellular if Wi-Fi is not connected. Updates use your cellular data allowance.
You consent to automatic updates. By activating your controller and maintaining an active plan, you consent to automatic updates at any time. Firmware updates are deployed as needed, without advance notice.

Service maintenance. We sometimes need to maintain or upgrade our servers and systems. We will announce scheduled maintenance in advance whenever possible. Urgent maintenance may happen without notice, and alerts may be delayed while it is under way.

What updates may do. Firmware updates may:

• fix bugs or security vulnerabilities;
• add new features or sensor support;
• change alert behavior or settings;
• require you to re-configure Wi-Fi or sensors;
• change performance or battery life.

Remote features. Your controller can be remotely restarted or have its Wi-Fi settings changed from the app or portal by the vessel owner or an admin. This requires a live cellular or Wi-Fi connection.

Cellular data use. Updates, remote features and diagnostics use your monthly cellular data allowance. If you approach your allowance, you may want to update over Wi-Fi only.

10. Acceptable Use and Prohibited Conduct

What you can do. You may use EverWatch to monitor your own vessel, invite crew or family to share access, set up alerts and keep maintenance records, all in accordance with these Terms and the Privacy Policy.

What you must not do. You agree not to:

1. Tamper with the hardware or SIM. You must not open, modify or tamper with the controller or its cellular SIM card, jailbreak or root the controller, or install unauthorized firmware. Doing so is not allowed under these Terms and voids your hardware warranty (see section 3).
2. Circumvent security or licensing. You must not bypass, disable or remove any security feature, authentication or access control. You must not attempt to unlock or enable features without paying for them.
3. Reverse engineer (where not legally permitted). You must not decompile, disassemble or reverse-engineer the controller’s software, except as expressly permitted by law (e.g., right to repair in some jurisdictions).
4. Abuse alerts. You must not send false alarms, test alerts excessively, or use alerts to harass, spam or threaten anyone.
5. Unlawful tracking. You must not use EverWatch to track another person’s vessel without their permission, or to track in a way that violates local, state, federal or international law.
6. Interfere with the service. You must not attempt to disrupt, overload, hack, modify or interfere with EverWatch’s servers, networks, systems or data.
7. Violate law. You must not use EverWatch for any illegal purpose, including theft, smuggling, environmental violations, or anything else prohibited by law.
8. Violate others’ rights. You must not use EverWatch to violate anyone else’s rights, including privacy, intellectual property or safety.

We can block you. If you violate these Terms, we may temporarily or permanently suspend your account and access to the Services without liability. In severe cases, we may refer you to law enforcement.

11. Your Content and Data

What you own. You own the content you create and upload: maintenance log entries, notes, photos, documents, settings and vessel information.

Your license to us. By uploading content to EverWatch, you grant us permission to:

• store, copy and back up your content as needed to provide the Services;
• transmit your content to other members of your vessel and to alert contacts (e.g., sending texts or emails);
• process your content with AI (SmartLog, only with your consent; see section 8);
• use technical information from your content (engine make/model, sensor readings, data patterns) to improve the Services;
• delete your content when you ask or when your account is closed.

Feedback. If you send us feedback, suggestions or ideas about EverWatch, we may use them freely without obligation to you.

Data privacy. Your personal data is handled according to our Privacy Policy (https://geteverwatch.com/privacy), which is incorporated into these Terms by reference. Read it carefully; it describes what data we collect, how we use it, how long we keep it, and your rights.

Deleting your account. You can delete your account at any time in the app (Account → Delete account) or by emailing privacy@geteverwatch.com. After you delete your account:

• Within 30 days, we delete all of your data — including your personal information (sign-in, profile, memberships, alert settings) and your vessel’s data (maintenance log, telemetry, GPS track) — except customer and payment information.
• Customer information (your name, contact details, billing/shipping address, and order and account records we need for tax, accounting and legal purposes) and payment information (transaction records; your card details are held by our payment processor, not by us) are kept for about 7 years.
• If your vessel has other members and you are the owner, deleting your account still starts this same 30-day deletion of the vessel’s data, unless ownership of the vessel is transferred to another member first. If members want to keep using the vessel and its history, transfer ownership before the owner’s account is deleted.
• Backups containing your data expire within about 60 days.

See the Privacy Policy for more details.

Selling or transferring your boat. If you sell your boat, transfer ownership of the vessel to the new owner in the app before deleting your account, or contact privacy@geteverwatch.com so we can help you export your log, delete it, or transfer the controller and vessel to the new owner. If the owner’s account is deleted without transferring ownership first, the vessel’s data is deleted 30 days later along with the rest of the account’s data.

12. Third-Party Services and App Store Terms

Third-party providers. EverWatch uses several third-party services to operate. These providers have their own terms and privacy policies:

• Apple and Google provide sign-in, app distribution and push notifications.
• Mapbox provides map images in the app.
• Stripe and PayPal process payments on our website.
• Twilio sends SMS text messages and phone calls.
• Amazon Web Services (AWS) provides cloud servers, storage and connectivity.
• Google Firebase provides sign-in and data services.
• Anthropic processes SmartLog AI invoices (section 8).
• ChoiceIOT and carrier networks provide cellular connectivity for the controller.

These providers’ terms and privacy policies apply to how they handle your data.

Apple App Store terms. If you downloaded EverWatch from the Apple App Store:

• This agreement is between you and The Captain’s Warehouse LLC (EverWatch Systems), not Apple.
• Apple does not provide any support, warranty or technical assistance for EverWatch.
• Any product claims, liability claims, or intellectual property claims related to EverWatch are the responsibility of EverWatch, not Apple.
• If EverWatch violates a third party’s intellectual property rights, EverWatch is responsible for investigation, defense and settlement.
• You agree to comply with all applicable laws and regulations regarding export and sanctions compliance (e.g., US export controls and sanctions lists).
• Apple is a third-party beneficiary of these Terms with respect to EverWatch and these app store terms.

Google Play terms. If you downloaded EverWatch from Google Play:

• This agreement is between you and The Captain’s Warehouse LLC (EverWatch Systems), not Google.
• Google does not provide any support, warranty or technical assistance for EverWatch.
• Your use is also subject to the Google Play Terms of Service and Google Play policies.
• Google is not responsible for claims relating to the app, including product liability, legal or regulatory compliance, consumer protection, or intellectual property infringement — EverWatch is responsible to the extent these Terms provide.
• If you make purchases through Google Play (plans are bought on geteverwatch.com; there are no in-app purchases currently), those purchases are subject to Google Play’s refund policies, not the refund terms in section 4 above.

13. Intellectual Property

EverWatch’s IP. The EverWatch app, portal, controller firmware, website and all content, design, text, graphics, trademarks, and service marks are owned by The Captain’s Warehouse LLC or our licensors. “EverWatch,” the EverWatch logo and related marks are trademarks of The Captain’s Warehouse LLC.

License to use. We grant you a personal, non-exclusive, non-transferable, revocable license to use EverWatch for your personal, non-commercial use in accordance with these Terms. You may not:

• copy, modify, distribute, sell or sublicense EverWatch or any part of it;
• reverse-engineer or extract source code (except as permitted by law);
• remove or alter any copyright, trademark or legal notices.

User-generated content. You retain ownership of your maintenance log entries, notes and photos. By uploading them, you grant us the right to store, copy, transmit and process them as described in section 11.

No warranty of third-party content. Third-party content (Mapbox maps, other providers’ data) is provided “as is” under their own terms.

14. Warranty Disclaimer and Limitation of Liability

Service disclaimer. The EverWatch app, portal and monitoring service are provided “as is” without warranty. We do not warrant that the Services will be uninterrupted, error-free, secure or free from viruses or defects. We do not warrant that the Services will meet your needs or that alerts will be received, timely or accurate.

Hardware warranty. The EverWatch controller hardware is covered by our Limited Warranty at https://geteverwatch.com/limited-warranty/. That warranty is your exclusive remedy for hardware defects. This section does not affect your limited warranty rights for hardware.

Cellular service. We do not warrant cellular connectivity, signal strength or data speeds. Cellular coverage depends on the carrier’s network and your vessel’s location. We are not responsible for carrier outages, roaming restrictions, rate changes or service limits.

No liability for lost alerts. To the extent permitted by law, EverWatch is not liable for:

• alerts that are delayed, missed or not delivered due to power, sensor, GPS, network or service provider failures;
• decisions or actions you take or fail to take based on alerts or lack of alerts;
• loss of property, vessel damage, injury or death resulting from any failure or limitation of the Services.

Cap on liability. Our total liability to you under these Terms or in connection with the Services is limited to the greater of (a) the total amount you paid EverWatch in the 12 months before the claim arose, or (b) $100.00 USD. This cap applies to all claims, including contract, tort, negligence, warranty, and statutory claims, except where the law does not allow such limitations.

Indirect damages. To the extent permitted by law, we are not liable for indirect, incidental, special, consequential, punitive or exemplary damages, including lost profits, lost data, business interruption or reputational harm, even if we were advised of the possibility of such damages.

Indemnity. You agree to indemnify, defend and hold harmless The Captain’s Warehouse LLC, its officers, directors, employees and agents from any claims, damages, losses, costs and expenses (including attorneys’ fees) arising from:

• your use or misuse of EverWatch;
• any violation of these Terms or applicable law;
• your content or data;
• your vessel or equipment;
• any third party’s claim related to your use of the Services.

15. Suspension and Termination

Non-payment. If your plan payment fails or is declined, we may suspend your plan and alerts after 7 days of non-payment. Your vessel will resume monitoring once payment succeeds. Repeated payment failures may result in account termination.

Chargebacks and payment disputes. If you dispute a charge with your bank or payment provider instead of contacting us first, we may suspend the plan while the dispute is open. Amounts that remain unpaid may be referred to a collections agency. You are responsible for reasonable collection costs, attorneys’ fees, and interest on overdue amounts at 18% per annum (1.5% per month) or the maximum rate permitted by law, whichever is lower.

Abuse of service. We may suspend or terminate your account if you violate these Terms, abuse alerts, spam or harass others, or engage in unlawful activity.

Dormant vessels. When a vessel no longer has an active plan, we suspend its monitoring. If it stays without an active plan and no one signs in to manage it for 30 days, we delete its data, except customer and payment information, which we keep as described in section 11.

Effect of termination. Upon termination or suspension:

• you lose access to your account, vessel data, alerts and the portal;
• your plan stops and no further charges will be incurred (unless you have an active renewal date);
• alert contacts will no longer receive alerts from your vessel;
• crew members lose access to the vessel (if terminated by owner choice).

If you close your account voluntarily, your data is deleted according to section 11.

Data after termination. See section 11 (“Your Content and Data”) for how long we keep your data after termination or suspension, including the exception for customer and payment information kept for about 7 years.

16. Dispute Resolution, Governing Law and Changes

These Terms include mandatory arbitration and a class action waiver. Please read this section carefully — it affects your legal rights, including your right to go to court and to participate in a class action.

Governing law. These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of laws principles.

Step 1: Informal resolution. Before starting an arbitration or a small-claims action, you agree to first send a written notice of the dispute to support@geteverwatch.com, describing the issue and the resolution you want. We will try to resolve it informally. If the dispute is not resolved within 30 days after you send that notice, either party may start arbitration (or small-claims court, see below).

Step 2: Binding individual arbitration. If informal resolution does not work, you and EverWatch agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, rather than in court, except as set out below.

• The arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules & Procedures for claims up to $250,000 and its Comprehensive Arbitration Rules & Procedures for claims over $250,000. For consumer claims, JAMS’s Consumer Arbitration Minimum Standards apply, including the consumer fee limits that JAMS establishes.
• The arbitration will be held in Palm Beach County, Florida, or, at your election, conducted by video or telephone conference.
• Fees are allocated according to JAMS’s consumer arbitration rules, which require EverWatch to pay consumer filing, administrative and arbitrator fees.
• The arbitrator’s decision is final and binding, subject to the limited review available under the Federal Arbitration Act.

Class action and jury trial waiver. You and EverWatch each waive the right to a jury trial and to participate in a class action, class arbitration, or representative action. Claims must be brought only in an individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

If the class waiver is found unenforceable. If a court or arbitrator decides that the class action waiver in this section is unenforceable as to a particular claim, then that claim (and only that claim) will proceed in the state or federal courts located in Palm Beach County, Florida, rather than in arbitration. The rest of this arbitration section remains in force.

Exceptions. Notwithstanding the above:

• Either party may bring an individual claim in small-claims court instead of arbitration, if the claim qualifies for that court.
• EverWatch may seek injunctive or other equitable relief in court at any time to stop misuse of our intellectual property or unauthorized access to the Services, without first going through arbitration.

Venue for excepted claims. For any dispute not subject to arbitration (small-claims matters, the exceptions above, or a claim proceeding in court because the class waiver was found unenforceable), you consent to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida.

Changes to these Terms. We may update these Terms at any time. We will post the new version at https://geteverwatch.com/terms with a new effective date. Significant changes will be announced in the app or by email before they take effect. If you do not agree to the new Terms, you may close your account.

Severability. If any part of these Terms is found to be unenforceable, that part is severed, and the rest of the Terms remain in force.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and EverWatch regarding your use of the Services.

No waiver. If we do not enforce a right under these Terms, that does not waive the right.

Contact us. For questions about these Terms, contact:
The Captain’s Warehouse LLC, doing business as EverWatch Systems
601 Heritage Dr, Suite 153A
Jupiter, FL 33458, USA
support@geteverwatch.com (or privacy@geteverwatch.com for privacy issues)