Terms & Conditions
Yachty — operated by Mzyk Marine Pty Ltd · Last updated July 2025
1. Maritime Data Disclaimer
Yachty provides features that enable the tracking of boat moorings, vessel locations, and Diagnostic Trouble Codes (DTC numbers). While these features are designed to enhance user experience and maritime safety, the following limitations apply:
Accuracy of Data
All maritime data, including mooring positions and DTC readings, are provided "as is." Mzyk Marine Pty Ltd makes no warranties, express or implied, regarding the accuracy, completeness, or reliability of such data.
Non-Navigational Use
The app is not intended to serve as a substitute for official navigational systems, maritime charts, or regulatory reporting tools. Users must not rely solely on Yachty for navigation, safety-critical decisions, or compliance with maritime authority requirements.
Liability Limitation
Mzyk Marine Pty Ltd shall not be held liable for any loss, damage, or injury arising from reliance on maritime data provided by the app, except where liability cannot be excluded under South African law (ECTA Section 73).
Regulatory Compliance
Users remain solely responsible for ensuring compliance with applicable maritime laws, port authority regulations, and international conventions (e.g., SOLAS – Safety of Life at Sea).
2. Port Activity Data Disclaimer
Yachty may record and process information relating to logging in and out of ports, mooring events, and vessel activity. This data is subject to the following conditions:
Purpose of Processing
Port activity data is collected for the purpose of enhancing app functionality, providing vessel history logs, and improving maritime service offerings.
No Official Record
Data recorded by Yachty does not constitute an official port clearance, customs declaration, or regulatory filing. Users must comply with all applicable port authority procedures independently of the app.
Data Privacy & Security
All port activity data is processed in accordance with POPIA Sections 9–11 and, where applicable, GDPR Art. 6. Reasonable technical and organizational safeguards are implemented to protect such data (POPIA Section 19).
User Responsibility
Users are responsible for verifying the accuracy of port activity logs and ensuring that such data is not misused for unlawful or unauthorized purposes.
3. General Disclaimer
Yachty is a supplementary tool intended to assist with vessel management and user convenience.
Mzyk Marine Pty Ltd expressly disclaims liability for any reliance placed on maritime or port activity data for regulatory, navigational, or safety-critical purposes.
Users acknowledge that they remain bound by all applicable laws, including the Electronic Communications and Transactions Act, 2002 (ECTA), the Protection of Personal Information Act, 2013 (POPIA), and relevant international maritime conventions.
User Assurance Statement
At Mzyk Marine Pty Ltd, we understand that trust is the anchor of every successful voyage. When you use Yachty, you are not only accessing innovative tools for tracking boat moorings, vessel health, and port activity — you are also entrusting us with sensitive maritime and personal information.
We want to assure you that:
- Your privacy is protected: All personal and vessel-related data is processed in strict compliance with the Protection of Personal Information Act, 2013 (POPIA), the Electronic Communications and Transactions Act, 2002 (ECTA), and where applicable, international frameworks such as the General Data Protection Regulation (GDPR).
- Your data is secure: We employ encryption, access controls, and monitoring systems to safeguard your information, as required under POPIA Section 19 and GDPR Article 32.
- Your rights are respected: You retain full control over your data. You may request access, correction, deletion, or object to processing at any time. EU users also benefit from portability and the "right to be forgotten."
- Your maritime activity is responsibly handled: While Yachty provides tools to track moorings, DTC numbers, and port activity, this data is supplementary and does not replace official maritime records or regulatory filings. You remain responsible for compliance with port authority and maritime regulations.
- Your trust is our priority: We will never share your information with third parties without your explicit consent, except where required by law. In the unlikely event of a data breach, you will be notified promptly in accordance with POPIA Section 22.
4. Beta Testing Data & Feedback
Information Collected During Beta
Usage data generated while using the Beta version, including app interactions, vessel tracking inputs, and diagnostic reports; feedback, suggestions, and issue reports voluntarily submitted by Testers.
Purpose of Processing
To evaluate and improve Yachty's performance, reliability, and user experience; to incorporate Tester feedback into product development; and to communicate with Testers regarding Beta participation, updates, and post-Beta discount offers.
Legal Basis for Processing
Processing is based on Tester consent (POPIA Section 11; GDPR Art. 6(1)(a)). Testers may withdraw consent at any time, which will end their participation in the Beta Program.
Data Sharing & Ownership
Feedback and suggestions provided during Beta Testing become the property of Mzyk Marine Pty Ltd. No personal or vessel data will be shared with third parties, except where required by law or maritime authorities.
Security Measures
Beta usage data is subject to the same safeguards as production data, including encryption and access controls (POPIA Section 19; GDPR Art. 32). Any identified vulnerabilities during Beta will be addressed promptly.
Tester Rights
Testers retain all rights under POPIA and GDPR, including access, rectification, erasure, and objection to processing. Withdrawal from the Beta Program does not affect the lawfulness of prior processing based on consent.