xLog Boating · Version 0.3 · Last updated 24 September 2026
xLog Boating is operated by:
xLogical Apps GmbH
Kopernikusstraße 15
63500 Seligenstadt
Germany
Commercial register: HRB 59218, Amtsgericht Offenbach am Main
Managing directors: Luis Möller, Frank Möller
VAT ID: DE464050306
Phone: +49 151 19607577
Email: support@xlog-boating.com
These Terms of Service govern your use of the xLog Boating service ("Service"), on the free plan and with a subscription. Your licence to the software and the nautical chart data is governed by the End User License Agreement ("EULA"), together with the Acknowledgements and Notices, which are reproduced in full as the Annex to the EULA and form part of it. Our handling of personal data is described in the Privacy Policy; it informs you about our data processing and is not a term of this contract.
Which document governs what. These Terms and the EULA are two sets of rules of one contract between you and us. These Terms govern your commercial relationship with us: subscription, price, payment, renewal, cancellation, refunds, liability and the law that applies. The EULA governs your licence to the software and the nautical chart data: what you may do with them, what you may not do, how long the licence runs and what happens when it expires. The Annex carries the sources of the nautical chart data and the notices that the organisations supplying it require us to reproduce. Where the same subject is addressed in more than one of these three documents, the allocation above decides: these Terms prevail for your commercial relationship with us, the EULA for the licence and the restrictions, and the Annex for the sources and the mandatory notices. In any event, nothing in these Terms overrides the permitted purpose, the restrictions and the mandatory notices in sections 4, 7 and 12 of the EULA and in the Annex; as far as they pass on requirements of the hydrographic offices for their data, they are prescribed to us by those organisations; sections 4 and 7 of the EULA state where we apply a requirement more widely.
Language. These Terms exist in a German and an English version. For contracts offered and concluded in German, the German version applies; for contracts in English, this version. Individual notices required by the hydrographic offices are reproduced unchanged in the language in which they are prescribed to us. A translation provided alongside such a notice is for your information only.
Four defined terms. "Application" means the xLog Boating software as it runs on your side: the mobile apps for iOS and Android and the web application you open in your browser. "Service" means the Application together with everything we make available to you through it: the chart data, your account, synchronisation between your Devices, location sharing and related content. Where these terms deal with the program on your Device or in your browser, they speak of the Application; where they deal with what you agree with us and use, they speak of the Service. "Device" means a smartphone, tablet, notebook, desktop computer or comparable personal end-user device. "Subscription Period" means, for each subscription, the initial term of that subscription and, thereafter, each successive twelve-month billing period for which it continues; where you hold subscriptions for several regions or countries, each subscription has its own Subscription Period. All four terms have the same meaning in the EULA.
The Service is offered through three channels: the Apple App Store, Google Play and our website. Who takes your payment and where you manage your subscription differs by channel; section 7 sets that out.
The steps to an order. In all three channels the same steps lead to the contract: you select the subscription you want; we show you these Terms and the EULA and ask you to accept them; we ask you for the separate confirmation described below and, in a separate step, for the declarations on early supply described in section 8; you then see the order with the price and the billing period and place it by pressing the order button. In the app stores that button belongs to the store's own purchase dialog, on our website to the checkout of our payment provider (section 7). Until you press it you can go back, change your entries and cancel the process; the dialog shows you the order once more before you confirm it.
Contract text, storage and languages. These Terms, the EULA, the Privacy Policy and the Acknowledgements and Notices are available to you at any time in the Application and on our website, and they can be saved and printed. The confirmation we send you after the contract is concluded (see below) reproduces the version that applies to you; we keep a copy of it as commercial correspondence for six years (section 11 of the Privacy Policy). You cannot retrieve that copy in the Application, but we send it to you on request. The restrictions on copying and printing in section 8 of the EULA apply to displays of the nautical chart data only, not to these documents. The contract can be concluded in German and in English. We have not subscribed to any code of conduct.
When the contract with us comes about. Your contract with us is concluded when you complete the order in the channel you have chosen and we grant you access to the Service, at the latest when we send you the confirmation described below. In the web channel the order is placed by pressing a button labelled to make clear that the order carries an obligation to pay. Without your acceptance of these Terms and the EULA (described in the steps above) no contract is concluded and no access to the Service is granted.
The free plan. You can also use the Service without a subscription, on the free plan (section 3). The contract about the free plan is concluded when you register: we show you these Terms and the EULA during registration and ask you to accept them; without that acceptance no account is created. The free plan is provided under these Terms and the EULA in the same way as a subscription, except where these Terms or the EULA expressly distinguish between the two.
Before you register and before you subscribe we inform you of the restrictions that apply to the use of the Service and of the nautical chart data, in particular the restrictions set out in sections 3 to 8 of the EULA.
Separate confirmation. When you register for the free plan and again before you subscribe, we ask you to confirm separately and expressly the description of the Service in sections 5 and 6 of the EULA — in particular that xLog Boating is a supplementary aid for non-regulated navigation, that it is not a primary means of navigation, and that official charts and publications remain necessary. With your confirmation, that description becomes part of the agreed characteristics of the Service.
Confirmation of the contract. As soon as you have placed your order or registered, we immediately send you a confirmation by email. It reproduces the content of the contract (these Terms and the EULA in the version applicable at the time) and, where you have consented to the supply of the digital content before the end of the withdrawal period, it records that consent, your acknowledgement that you know that your right of withdrawal ends once we begin to supply the digital content, and, for service components, your express request that we begin before the end of the withdrawal period (section 8). The receipt or invoice issued by the merchant of record is separate from this confirmation and does not replace it.
xLog Boating is a navigation app for recreational boating. It displays nautical charts derived from official data of national hydrographic offices and inland waterway authorities on a base map derived from OpenStreetMap data (a non-official layer), records your trips in a logbook, supports route planning, and can share your live position with people you choose. It also offers an on-board library for your documents, boat details and tasks, expense records, GPX import and export, and a mooring watch with anchor alarm. It is a supplementary aid for non-regulated navigation, typically recreational craft in private use; section 4 of the EULA sets out the permitted purpose and what applies if your vessel is used commercially. It is not an official nautical chart and does not replace official charts and publications. What the Service is not (in particular that it is no primary means of navigation and no emergency service) is described in sections 5 and 6 of the EULA; we ask you to confirm that description separately when you register and before you subscribe (section 2).
Free plan and Premium. The Service is available in a free plan and as a paid Premium subscription. Both include all the functions described above. The free plan differs in three respects: it shows only the simplified base map derived from OpenStreetMap data and no nautical charts, it holds up to 50 logbook entries, and it provides 100 MB of storage for documents in the on-board library. A Premium subscription adds the nautical charts of the region or of the individual countries you purchase, removes the limit on logbook entries and raises the document storage to 10 GB. The limits that apply to you are shown in the Application, before you register and before you subscribe (section 6).
When Premium ends. When your Premium subscription ends, your account continues on the free plan, unless the contract as a whole ends (section 13), and your content remains yours. Content above the free plan's limits remains readable and exportable for 90 days and is then deleted, as described in section 9 of the EULA; updates of the nautical chart data stop and access to it ends as described there.
We provide the Service in the version made available from time to time and update the nautical chart data during your Subscription Period.
Updates of the nautical chart data. We make updated nautical chart data available to you within seven days of receiving it from the respective data supplier; quality assurance takes place within this period. How often the hydrographic offices supply updated data differs by source and is outside our control: some sources supply updates weekly, others quarterly. The seven-day period is suspended while delivery is prevented by circumstances outside our control, in particular a disruption of the delivering infrastructure or a faulty data delivery that fails quality assurance; in that case we deliver as soon as the impediment ends. How up to date the source data itself is differs by issuer: some inland chart datasets are updated rarely or not at all; the Application shows the issue date of each chart cell.
Availability and maintenance. In the mobile apps, the chart display works on your Device without a network connection once the nautical chart data has been downloaded. In the web application there is no offline chart display: the chart is loaded from our servers as you use it and requires a network connection. Features that need our servers (synchronisation, position sharing and the delivery of nautical chart data updates) are unavailable while those servers are interrupted. Where possible, we schedule maintenance in periods of low use and announce in advance in the Service any maintenance that will noticeably interrupt these features; we keep interruptions as short as we can. Nautical chart data and synchronised content are delivered only after the automatic check described in section 8 of the Privacy Policy has confirmed that the request comes from an unmodified mobile app or a regular browser; on Devices and in browsers in which that check cannot succeed, they are not available. If the check keeps failing on your Device, contact support (section 4) and we look into it.
Where your content is stored. Your content (trips, tracks, routes, logbook entries, the documents and photos in your on-board library, boat details and tasks) is stored in our cloud infrastructure in the European Union, so that it is available on your Devices and survives the loss of a Device. A live position you share is stored there only for as long as section 10 provides; the positions of a recorded trip are part of that trip. We are technically able to read this content; the Privacy Policy describes in section 3 how it is protected, who may access it and in which cases. If you lose your password, you can reset it, and your content remains available in your account. While you have access to the Service, you can export your content yourself; in every case we provide it to you on request (section 10, and section 9 of the EULA).
Changes to the Service. Beyond what is necessary to keep the Service in conformity with the contract, we may change it only where these Terms state a valid reason for the change, the change causes you no additional cost, and we inform you of it clearly and comprehensibly. The valid reasons are:
Where we change the Service under this section, the descriptions of the Service in these Terms and in the EULA change accordingly when the change takes effect; this is not an amendment of these Terms under section 14 or of the EULA under section 16 of the EULA. This does not apply to the main subject matter of the contract (section 16 of the EULA says what that is): a change to it takes effect only with your express agreement, and changes to the coverage remain governed by "Coverage" below. Where a change would make the Service deviate from the objective requirements of the applicable law in a way that the description in sections 5 and 6 of the EULA, as you last confirmed it (section 2), does not already cover, we inform you of it specifically beforehand, and it applies to you only if you expressly and separately agree to it; the first sentence never extends a deviation that sections 5 and 6 of the EULA describe.
Changes that affect your use. Where a change adversely affects your access to the Service or your ability to use it, and the effect is more than minor, we inform you on a durable medium at least 30 days in advance, stating the features affected, the date of the change and your rights under this section. In the following cases, where the date of the change is not ours to set or the change cannot wait, we give you the same information on a durable medium without undue delay once we know that the change is necessary and, wherever that is possible for us, before it takes effect:
In either case you may terminate the contract free of charge within 30 days of receiving that information or of the change taking effect, whichever is later (refund: section 6). You have no right to terminate under this paragraph where we enable you to continue using the Service unchanged at no additional cost; our information then tells you how.
Coverage. The nautical charts of a Premium subscription cover the region or the countries you have purchased. Which countries we can offer depends on our licences with the hydrographic offices; for the inland charts it depends on data sources that we obtain without a licence agreement and that can cease to be available. Where such a licence ends, or such a data source ceases to be available, and you lose coverage of a country you have purchased or of part of it, this is a change to the Service. Where the effect on your use is more than minor, the rights described above apply to you; losing an entire country that you purchased as a single country is always more than minor. Where a licence with a hydrographic office ends, your access to the nautical chart data covered by it does not stop at once: it continues, with the last data we received, for the remainder of the billing period you have paid for, and at most for twelve months. Only after that is the data switched off. Where we are no longer permitted to provide the data at all, access ends on the day that permission ends. The right to terminate described above applies in addition to this, not instead of it.
You can reach us at support@xlog-boating.com.
If you have a subscription, we respond to your support requests within three business days, and within one business day where a request concerns a fault that prevents the chart display from working or that is otherwise relevant to safety. On the free plan we respond as soon as we can, but without a fixed period. Business days are Monday to Friday, excluding public holidays at our registered office. These periods do not run for as long as something outside our control prevents us from responding, for example a failure of the email service; we then respond as soon as the obstacle has gone.
Use of the Service requires an account. When you register, you must provide an email address and the name of the account holder, and the information you provide must be accurate; why we need the name is explained in section 4 of the Privacy Policy. You must keep your access credentials confidential.
How we reach you. We send notices about your contract to the email address of your account; where you give us another address for a particular confirmation, for example when you withdraw from or cancel your contract online, we send that confirmation there. Please keep the address of your account up to date and check it regularly; if it changes, update it in your account.
The Service is licensed to one natural person and may be used on up to five Devices that you own or control. If you want to use a sixth Device, you can release a place when you sign in on that Device; if you want to remove a Device for any other reason (for example because it has been lost, sold or is no longer in use), we release the place for you on request at support@xlog-boating.com. Simultaneous use by more than one person is not permitted. We check this by technical means: we count active sessions per account and maintain a list of the Devices registered to your account. Releasing a Device's place does not remove the Application or your content from that Device. Before you sell or otherwise pass on a Device, sign out of the Application on it and delete the Application.
Deleting your account does not cancel a subscription. You can delete your account at any time in the Application. Deleting the account is not a cancellation: a running subscription must be cancelled separately with the merchant of record of your channel, or with us (sections 7 and 13). After the account is deleted you can no longer use the Service, while an uncancelled subscription continues to be billed: cancel first, then delete.
Minimum age and minors. You must be at least 16 years old to create an account and use the Service. If you are a minor, you need the consent of your legal guardians to register and to subscribe; we ask you to confirm that consent when you register.
Suspension. We may suspend your access to the Service; section 15 of the EULA sets out when we may do so and on what conditions. You owe no payment for a period of suspension for which you are not solely or very predominantly responsible; what you have paid in advance for that period we refund pro rata by day, without undue delay and at the latest within 14 days after the suspension ends, in the way described in section 6 ("How we pay it out"); if the contract ends during the suspension, section 6 applies. For a period of suspension for which you are solely or very predominantly responsible you remain liable to pay, and we set off what we save because we do not have to provide the Service during that period.
Nautical charts are offered as a subscription, per region or per individual country; you can hold several subscriptions at the same time. A subscription is not sold as a one-off purchase and there is no perpetual licence. The free plan (section 3) is not a subscription and does not include nautical charts. The rules in this section (initial term, continuation, billing, refunds and licence period) apply to each subscription separately.
Free trial. Where we offer you a free trial before your first paid subscription, it lasts fourteen days; whether a trial is on offer is shown to you in the Service before you subscribe. The trial covers the nautical charts of the region or country you select for it; your first subscription then relates to that selection. The free trial is available once per customer, even if you later subscribe to further regions or countries. Unless you cancel before it ends, it converts automatically into a paid subscription of the selected region or country at the price shown to you before the trial starts.
Conclusion of contract and withdrawal. By starting the free trial you conclude the subscription contract (section 2); the first fourteen days are free of charge. The withdrawal period under section 8 therefore runs from the day on which you start the free trial (Annex 1). The transition to the paid subscription is not a new contract and does not start a new withdrawal period.
Term. Each subscription has an initial term of twelve months, beginning on the day that paid subscription starts; a free trial does not count towards the initial term.
After the initial term. At the end of its initial term a subscription continues for an indefinite period, unless you cancel it before the initial term ends. Once it continues for an indefinite period, you may cancel it at any time with one month's notice. Unless you cancel, we continue to bill you in advance for twelve months at a time.
You choose the end date. If you cancel after the initial term, you decide when the subscription ends:
If you cancel directly with us without naming an end date, the subscription ends on the earlier date. In our confirmation of your cancellation we state the end date and point out this choice. Section 13 governs how to cancel; section 7 governs how the refund is handled in each channel.
Refunds when the contract ends early. Whenever a subscription ends before the end of a billing period you have paid for — whoever ends it, for whatever reason and under whichever provision of these Terms or the EULA — we refund the part of the price that relates to the time after the contract ends, pro rata by days and without deductions, regardless of who is responsible for the ending. We pay without undue delay, at the latest within 14 days after the contract ends; where you end the contract by a declaration that takes effect at once, within 14 days after your declaration reaches us. You do not have to ask us for the refund, and we do not make the payment depend on your asking. Any claim we may have against you for damages under the general law remains unaffected; before we set such a claim off against the refund, we tell you in text form what it is based on and how we calculated it.
How we pay it out. We use the same means of payment you used for the original transaction, and it costs you nothing. Only where that is technically impossible do we need payment details from you: in the Apple App Store we receive no payment data and cannot reverse a store payment. In that case we ask you for those details ourselves, without undue delay and in text form. You receive the pro-rata amount once in total: whatever Apple, Google or Stripe refunds you for the same period counts towards it.
Licence period. The licence period for the nautical chart data is set out in section 9 of the EULA: it is granted per purchased region or country, for twelve months at a time and never for longer, independently of how your subscription is billed.
Reminders. The date on which your current period ends is shown in the Application, and we notify you at least one month before a new twelve-month billing period begins.
Who your contract is with. Your contract for the Service (the licence, the nautical chart data and everything described in these Terms and in the EULA) is with xLogical Apps GmbH. This does not change with the channel through which you subscribe.
Who takes your payment. Payment is taken by a third party acting as merchant of record. That party carries out the payment transaction with you, issues the receipt or invoice, handles the refunds it grants under its own rules, and is where you manage and stop the recurring payment. Where the merchant of record ends the recurring payment of its own accord, for example because you ask it to delete your data (section 5 of the Privacy Policy), this has the effect of a cancellation at the end of the paid billing period (section 6).
| Channel | Merchant of record | Purchase, invoice, refund and cancellation |
|---|---|---|
| Apple App Store | Apple Distribution International Ltd. | in your Apple account, or with us (sections 6, 8 and 13) |
| Google Play | Google Commerce Limited | in your Google Play account, or with us (sections 6, 8 and 13) |
| Web | Stripe Technology Europe, Limited, Ireland (checkout under the name Link) | at link.com, or with us (sections 6, 8 and 13) |
Web channel. Receipts, invoices and renewal reminders are sent by Stripe; your bank or card statement will show an entry beginning with LINK.COM*.
What that means for your rights. Your rights against us (for the conformity of the Service, for withdrawal, for damages and under these Terms) are rights against us. They are not affected by the fact that a third party takes your payment, and you can always raise them with us at support@xlog-boating.com.
Refunds when your subscription ends early. Section 6 says when we owe you a refund and how we pay it; you do not lose it because of the channel in which you subscribed. On the web the refund is processed by Stripe as merchant of record; on Google Play it is processed through Google Play; in the Apple App Store we pay it ourselves, because Apple does not allow us to reverse a store payment. In the Apple App Store you may also request a refund from Apple under its own rules; you do not have to apply to Apple first. A refund from Apple counts towards the amount we owe (section 6).
Each subscription is billed in advance for twelve months at a fixed amount (section 6). Before you order, we show you both the total price for that billing period and the monthly amount it corresponds to. Prices are shown inclusive of applicable taxes. Indirect taxes are calculated and remitted by the respective merchant of record. We do not change the price agreed for your subscription unilaterally. A price change applies to you only if you expressly agree to it; we propose it at least two months before the start of the billing period from which it is to apply. If you do not agree, the previous price continues to apply; whether we continue the subscription is governed by section 13. We may give notice of termination under section 13 together with the proposal; it takes effect only if you have not agreed to the new price before that billing period begins.
If you are a consumer, you have a statutory right to withdraw from a distance contract within fourteen days without giving reasons.
The withdrawal instruction is set out in Annex 1; the model withdrawal form is Annex 2. Both are part of these Terms.
Free plan. The right of withdrawal also applies to the contract about the free plan; the period starts when you register. If you withdraw, the contract ends and we close your account (section 13 says what that means); you owe nothing for the free plan. If you hold a subscription or a free trial at that time, your withdrawal covers it as well. If your withdrawal reaches us within 14 days after you registered, we repay what you paid for it in full and do not claim the proportionate amount for the time until your withdrawal that sections 360(1) and 358(4) BGB would allow us to claim. We grant this once per customer. In any other case those provisions apply, and we set the proportionate amount off against the repayment.
Early expiry for digital content. For the digital content we supply, the right of withdrawal expires before the end of the withdrawal period only if all of the following have happened: you have expressly consented to us beginning to supply the digital content before the end of the withdrawal period; you have acknowledged that you know that your right of withdrawal ends once we begin to supply it; we have begun to supply it; and we have sent you the confirmation described in section 2.
Service components. Some parts of the Service are digital services (for example cloud synchronisation and live position sharing). For these, the right of withdrawal expires only when we have fully performed the service, and only if you expressly consented to us beginning early and acknowledged that you lose your right of withdrawal upon full performance. If you expressly request that we begin during the withdrawal period and later withdraw, you owe a proportionate amount for the period until withdrawal. No value compensation is owed for the supply of the nautical chart data: for digital content supplied other than on a tangible medium, § 357a(3) BGB excludes it. A proportionate amount therefore relates solely to the service components named above and is calculated on the part of the total price attributable to them. Where your withdrawal from the free plan covers a subscription, "Free plan" above applies instead: within the 14 days described there, we claim neither an amount for the chart data nor one for the service components; after that, we claim both as far as the provisions named there allow.
How this works in practice. The consent, the acknowledgement and, for service components, the express request are obtained in a separate step in the Service before you place your order for a subscription (section 2) and before supply begins; the registration for the free plan does not ask for them. You can always declare a withdrawal directly to us, without any particular form; the store or payment provider may offer an additional route. While your withdrawal period is running, you can also withdraw by using the 'Withdraw from contract' function in your account; we confirm receipt immediately by email. The confirmation described in section 2 documents consent, acknowledgement and request.
Repayment after a withdrawal. If you withdraw, we repay all payments we have received from you within 14 days of your withdrawal reaching us, without you having to ask for it, using the same means of payment you used; this costs you nothing. Anything charged for the subscription after your withdrawal is repaid to you in the same way without undue delay, at the latest within 14 days after it was charged. A refund you have already received from Apple, Google or Stripe for the same payment counts towards it. Section 6 does not apply to repayment after a withdrawal. If you paid in the Apple App Store, we can neither repay through the store nor stop the recurring payment for you: we agree another means of repayment with you, again at no cost to you, and we ask you to also end the subscription in your Apple account to avoid further charges; your withdrawal is effective regardless.
You must use the Service only for the permitted purpose and in accordance with the restrictions set out in the EULA.
Fair use. Do not use the Service in a way that impairs it for other users, for example by creating entries or requests automatically in large numbers.
Your content. For everything you store in the Service (logbook entries, documents in the on-board library, photos, GPX files and other content), the following applies:
How this content is processed, and what rights other people have, is described in sections 3.6 and 12 of the Privacy Policy.
Your content (section 3) is yours. Section 9 of the EULA sets out what happens to this content when the contract ends (including how long content above the free plan's limits remains available) and how you can export it. If you send us suggestions for improvement, we may implement them without payment.
A live position you share is not stored as separate content: it is delivered for as long as described under "Sharing your position" below, and the positions of a recorded trip are part of that trip. Section 3 of the Privacy Policy describes how this content is protected and who may access it.
Sharing your position. When you share your live position, you choose who receives it and for how long, and you can stop any sharing at any time in the Application. The page that recipients open shows your position and the track of the trip on the OpenStreetMap base map and no nautical chart data. You are responsible for your decision to share and for what you share. Sharing ends when the recorded trip ends (a trip continues while you are moored until you end it), when you stop it, or when you delete your account or we close it, whichever comes first. After the trip ends, the page still shows the last position and the track for 24 hours, marked as ended; if you stop the sharing yourself, also during those 24 hours, if you delete your account or we close it, or if we disable the link (below), the page is taken down at once.
Saved recipients. In the mobile apps you can save recipients (name and mobile number) to whom the Application prepares a text message with the link whenever you create a new sharing link; you send the message yourself from your Device's messaging app. Section 6 of the EULA describes what this feature does and does not do. Save only people who expect such a message from you, and remove them when that is no longer the case; your mobile provider may charge you for the text message.
When we may restrict content. We may disable a sharing link, or block access to an individual item of content you have stored, where that is necessary for us to comply with the law (for example after a substantiated notice or an enforceable order), to protect the rights of others or to keep the Service secure (for example where an uploaded file contains malware). We may do the same where you breach section 9 or the EULA with that particular item of content. We do not restrict individual items of content for other reasons. Section 15 of the EULA governs when we may suspend your access as a whole; the statement of reasons and the means of redress under this section apply to that as well.
How we decide. Today every decision is taken by a person; we do not use automated or algorithmic content moderation. This describes how we currently work. If we start using automated tools, for example to check uploaded files for malware, we tell you beforehand and describe them here; a restriction of your content is still reviewed by a person if you ask for it. We restrict no more than necessary, and we weigh the interests involved, including your fundamental rights, before we act.
Notices, reasons and how to contest. Anyone can report content they consider illegal to us at support@xlog-boating.com, saying where it can be found and why; we confirm receipt, examine the notice without undue delay and communicate the outcome. If we restrict content you have stored, you receive a clear and specific statement of reasons unless the law prevents us from giving it, and you can contest the decision at the same address; a person reviews it. Your right to go to court and your other statutory remedies remain unaffected (section 16).
Contact points. Our single point of contact for recipients of the service (Art. 12 of Regulation (EU) 2022/2065) is support@xlog-boating.com; for the authorities of the Member States, the European Commission and the European Board for Digital Services (Art. 11) it is geschaeftsfuehrung@xlogical.de. You can communicate with us in German and in English.
How we process the position data you share is described in the Privacy Policy.
If you are a consumer and the Service is not in conformity with the contract, you have the statutory rights in respect of digital content and digital services, in particular under sections 327 et seq. of the German Civil Code (BGB), which implement Directive (EU) 2019/770, and, if you are habitually resident in another state, under the mandatory provisions of the law of that state (section 17). Those rights are not limited by these Terms; only claims for damages are subject to section 12. Where any provision of these Terms conflicts with mandatory consumer protection law applicable to you, that law prevails. If you use the Service for your trade, business or profession, the general statutory rights in respect of defects apply instead.
Whether the Service is in conformity with the contract is determined by the applicable law. This includes in particular the agreed characteristics of the Service (including the descriptions in sections 5 and 6 of the EULA, which we ask you to confirm separately before the contract is concluded, and the updates of the nautical chart data agreed in section 3), the objective requirements and the requirements for integration into your Device.
We provide updates, including security updates, that are necessary to keep the Service in conformity for the period during which the Service is supplied under the contract, and we tell you when such an update is available.
This is the only limitation of our liability. It applies to everything you receive from us, including the software and the nautical chart data. The EULA does not limit our liability separately.
What is never limited. Our liability is unlimited in cases of intent and gross negligence, for injury to life, body or health, under the applicable product liability legislation, where we have fraudulently concealed a defect, where we have given a guarantee, and for claims for damages under Article 82 of the General Data Protection Regulation.
In all other cases we are liable only for the breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely) and in that case only for the foreseeable damage typical of this type of contract.
On the free plan, for which you pay nothing, we are not liable for slight negligence. The cases under "What is never limited" apply here as well.
Who this covers. The above applies to us, to our legal representatives and to the people we use to perform the contract, in the same way.
Your other statutory rights. This section only governs claims for damages. Your other rights where the Service is not in conformity with the contract (section 11), namely to have the defect remedied, to reduce the price and to end the contract, are not limited by it.
How you cancel. You may cancel your subscription in text form (for example by email to support@xlog-boating.com) or through the channel in which you subscribed (section 7). If you subscribed on our website, you can also use the cancellation button in your account. A cancellation in text form counts from the moment it reaches us; you do not have to use any particular channel or form of words. We confirm every cancellation that reaches us in text form: what you declared, the date and time we received it, and the date on which the contract ends. If you use the cancellation button, you receive this confirmation immediately by email. A cancellation in your Apple or Google account is just as effective and is recorded there (section 7).
Cancellation and account deletion are separate. Deleting your account (section 5) does not cancel your subscription, and cancelling does not delete your account: after cancellation, your account continues on the free plan (section 3). To end both, cancel your subscription first and then delete your account.
When it takes effect. If you cancel during a free trial, the contract ends when the trial ends, and nothing is charged (section 6). A cancellation received after that and before the end of the initial term takes effect at the end of the initial term; after the initial term, a cancellation takes effect on the date you choose under section 6: at the end of the paid billing period or one month after we receive it. This does not affect any statutory or contractual right to terminate earlier, including under section 14 and under section 16 of the EULA where we amend them for one of the reasons 1 to 3 stated there. If the contract ends during a billing period you have already paid for, we refund the part of the price for the time after the end of the contract (refund: section 6). If you subscribed in the Apple App Store and cancel with us, please also end the subscription in your Apple account, because we cannot stop the recurring payment there for you; your cancellation is effective regardless, and anything charged for the time after the contract ends is refunded to you without undue delay, at the latest within 14 days after it was charged, in the way described in section 6.
Termination by us. We may terminate your subscription, but only with effect from the end of a billing period you have already paid for, and with at least two months' notice; during the initial term, no earlier than the end of that term. Until then the contract continues on its existing terms, including section 3, and nothing further is charged; afterwards your account continues on the free plan (section 3). We may terminate the free plan with at least 30 days' notice, but only while no subscription is running on your account; your account is closed when the termination takes effect, and until then you can export your content as set out in section 9 of the EULA. Where we want to change the free plan, we may give this notice with at least the notice period in section 14 and combine it with an offer to continue the free plan on the changed terms; if you accept the offer in the Application before the termination takes effect, it does not take effect and your account continues. We give notice in text form to the email address of your account (section 5). We may also terminate the contract for good cause; where the cause is a breach of these Terms or of the EULA, the conditions in section 15 of the EULA apply. Statutory rights of termination remain unaffected. Where we cannot continue to provide the Service on the existing terms, section 14 ("If we cannot continue on the existing terms") applies.
Which contract ends. Withdrawing from the contract about the free plan closes your account (section 8); withdrawing from a subscription or a free trial ends only that subscription. Where you terminate under section 3 ("Changes that affect your use"), section 15 or section 3 of the EULA, the subscriptions concerned end; the free plan and your account continue unless you end them as well (section 5).
What closing your account means. Where these Terms or the EULA say that we close your account, you can no longer sign in from that date. Your content remains available to you on request as set out in section 9 of the EULA and is deleted 90 days after the closure, or earlier if you ask us to; section 3.4 of the Privacy Policy describes this.
Accounts that are no longer used. Where you have not used your account for twelve months — no sign-in and no use of the Service with the account — and no subscription was active during that time, we delete the account together with the data stored in it, and the free plan ends with it. We notify you by email at least 30 days before the deletion, and any use of your account before that date prevents it; section 3.4 of the Privacy Policy and section 9 of the EULA describe this.
Termination under the EULA. Where we terminate the EULA (section 15 of the EULA), the contract as a whole ends at the same time, including the free plan, and we close your account (refund: section 6).
When we may amend these Terms. We may amend these Terms where there is a valid reason, namely:
We may not use this section to change the price, the main subject matter of the contract, or the scope of the nautical chart data for which you have paid; to that extent an amendment takes effect only with your express agreement, and changes to the coverage are governed by section 3. Where a change to the Service under section 3 alters a description of the Service in these Terms, that description changes with it without an amendment under this section (section 3); this does not apply to the main subject matter of the contract, which section 16 of the EULA defines for the whole contract.
How we tell you. We notify you of an amendment in text form, to the email address of your account (section 5), at least two months before it is to take effect. The notification sets out the amended provisions, the reason for the amendment, the date on which it is to take effect, and your rights under the following paragraphs.
When an amendment takes effect. An amendment made for one of the reasons 1 to 3 above takes effect on the date stated in the notification unless you reject it before that date (see "If you do not respond"). An amendment made for reason 4 takes effect only when you agree to it; we ask for your agreement in the Application, at the latest before the start of the next billing period. If you reject an amendment, these Terms continue to apply unchanged. Where we amend these Terms for one of the reasons 1 to 3, you may cancel your subscription free of charge up to the date stated in the notification, with immediate effect or with effect from that date (refund: section 6).
If we cannot continue on the existing terms. If we cannot continue to provide the Service on the existing terms for one of the reasons 1 to 3, we may terminate your subscription with effect from a date we state in the notification: at the earliest the date the amendment would have taken effect, and at the latest the end of the twelve-month billing period then running. Where the hydrographic offices that supply the nautical chart data leave us less time, we may terminate with effect from the date on which we may no longer provide the Service on the existing terms, but no earlier than six weeks after our notification (refund: section 6). Your account then continues on the free plan (section 3); where the amendment concerns the free plan as well, we may terminate the free plan only under section 13. Where the amendment rests on reason 4, we may only terminate under section 13.
If you do not respond. Where we amend these Terms for one of the reasons 1 to 3 above, your agreement is deemed given if you do not notify us of your rejection before the date on which the amendment takes effect; that date is at least two months after you receive the notification. We draw your attention specifically to this meaning of your silence in the notification described under "How we tell you". This does not apply to an amendment made for reason 4, nor to the price, the main subject matter of the contract (section 16 of the EULA) or the scope of the nautical chart data for which you have paid, nor to a change that would make the Service deviate from the objective requirements of the applicable law in a way that sections 5 and 6 of the EULA do not already describe; such a change applies to you only if you agree to it expressly and separately (section 3).
Corrections and improvements. We correct obvious errors, and we make changes that only give you additional rights, without following the procedure above; we tell you in the Service. This applies only as long as the change alters neither your rights and obligations to your disadvantage nor the agreed characteristics of the Service.
Accounts without a current subscription. If you use only the free plan, the same procedure applies. Where an amendment needs your express agreement, we ask for it the first time you sign in after the two months have passed. If you reject an amendment made for one of the reasons 1 to 3, the free plan ends on the date the amendment would have taken effect and we close your account (section 13); if you reject an amendment made for reason 4, these Terms continue to apply unchanged, and we may terminate the free plan only under section 13.
We may transfer this contract as a whole (these Terms and the EULA, with all rights and obligations) to another company. We notify you of a transfer in text form at least one month before it takes effect, naming that company. If you do not wish to continue the contract with it, you may terminate the contract free of charge with effect from the date of the transfer (refund: section 6). A transfer does not reduce your rights under the contract.
We are not obliged to take part in dispute resolution proceedings before a consumer arbitration board, and we do not take part in them.
If we cannot settle a dispute with you directly, we will tell you in text form which consumer arbitration board is competent, giving its address and website, and whether we are prepared to take part in proceedings before it.
These Terms are governed by German law. If you are a consumer habitually resident in another country, you additionally enjoy the protection of the mandatory provisions of the law of that country; the choice of German law does not deprive you of that protection.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (xLogical Apps GmbH, Kopernikusstraße 15, 63500 Seligenstadt, Germany, telephone: +49 151 19607577, email: support@xlog-boating.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal online at [WITHDRAWAL FUNCTION URL]. If you use this online feature, we will send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), including its content and the date and time of its submission, without undue delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
(complete and return this form only if you wish to withdraw from the contract)
— To xLogical Apps GmbH, Kopernikusstraße 15, 63500 Seligenstadt, Germany, support@xlog-boating.com:
— I/We (\) hereby give notice that I/We (\) withdraw from my/our (\) contract of sale of the following goods (\)/for the provision of the following service (\*),
— Ordered on (\)/received on (\),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(\*) Delete as appropriate.