Terms of service

Draft. These terms are being reviewed and are not final. The business's legal name and mailing address will be added before launch.

Last updated October 13, 2026

These terms cover the Swell & Road app and our care plans. By creating an account, requesting a plan or letting us aboard your boat, you agree to them.

What we are, and what we are not responsible for

Boats, trailers and RVs are recreational vehicles, and things can go wrong with them at any time. Our service is to help you keep up with yours, so you can enjoy it longer and catch problems early. We do general visual checks and routine upkeep, following the manufacturer's guidelines where they apply.

We do not guarantee the condition, safety or seaworthiness of your boat, trailer or RV, and we are not responsible for what happens to it. That includes, for example, a boat taking on water or sinking, a dock line or fitting failing, a tire blowing out, a trailer or bearing failure, engine, electrical or fire damage, storm or weather damage, theft, and any other loss, damage or injury, whether or not we checked that item or visited recently.

Your vessel or vehicle, its condition, its insurance and its safe use remain your responsibility at all times.

A check is not a survey or a repair. A visual check records what was seen on that day. It is not a marine survey, an inspection by a licensed mechanic, or a certification that anything is safe or seaworthy. Many problems cannot be seen without taking things apart or hauling the boat.
We are not mechanics, riggers, sailmakers or electricians. Work that needs a licensed professional is done by an independent professional you approve, under their own terms. Out-of-water work goes through a boatyard.
Manufacturer schedules come first. Our typical intervals are general guidance. Your manufacturer's maintenance schedule, and the advice of your mechanic, rigger or sailmaker, always take priority.
Stormwatch is a courtesy check, not protection. We check before and after a storm when it is safe for our team to do so. It does not prevent storm damage, and we may not reach every boat in time.
Float plans are a tool, not a rescue service. We do not monitor trips or contact rescuers. Your shore contacts must act if you are overdue. In an emergency, use VHF channel 16 or call 911.
Reminders are a convenience. Registrations, licenses, inspections, insurance and maintenance remain your responsibility, even if a reminder is late or missing.

Care plans

Care plans are available for boats in Dana Point Harbor. What each plan includes is listed on our website and in the app.
Plans are billed monthly in advance, month to month, at the price shown for your boat, including any charge for additional engines. A 12-month commitment saves 10%.
You can cancel a month-to-month plan at any time. It ends at the end of the month you have paid for. 12-month commitments follow the terms shown when you commit.
We may change prices or plan contents with at least 30 days' notice. You can cancel before a change takes effect.

Extra work and parts

Anything beyond your plan's checks is billed separately, and we ask for your approval first, except where waiting would risk immediate damage, such as re-securing a loose line or a pump that has stopped.
Parts and supplies (wiper blades, dock lines, fenders and the like) are billed at retail price plus a 10% service fee.
Professionals we book for you bill under their own terms, and are responsible for their own work.

Your responsibilities

Give us safe access, keys or codes where needed, and any permission your marina requires.
Keep your boat, trailer or RV insured, registered and in safe condition, and tell us about known problems.
Keep the information in your profile accurate.
Act on the problems we report. We can recommend and book work, but we cannot make you do it.

Limits on our liability

To the fullest extent the law allows: our services and the app are provided "as is"; we are not liable for indirect, incidental or consequential losses, or for loss of use, enjoyment or value; and our total liability for any claim is limited to the fees you paid us in the three months before the claim. Nothing in these terms limits liability that cannot be limited by law.

You agree to cover claims, losses and costs brought against us that arise from your vessel or vehicle, its use, or your breach of these terms, except to the extent caused by our own gross negligence or willful misconduct.

Your content

You own the records, photos and documents you add. You allow us to store and use them to provide the service. You can export them at any time.

Ending the service

You can close your account at any time. We may end or suspend service if these terms are broken, if payment is not made, or if a visit would be unsafe for our team.

General

These terms are governed by the laws of California. If part of these terms is found unenforceable, the rest still applies. We may update these terms; if we make a meaningful change, we will tell account holders before it takes effect.

Contact

Questions: harborcareapp@gmail.com.