Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Graftrz mobile application, the Graftrz website, and the services, features and content made available through them, together referred to as the "Platform".

The Platform currently provides functionality that allows eligible users to:

• create and manage a user account;
• create and manage a dayworker, captain, Head of Department, vessel representative or vessel profile;
• provide information about their experience, qualifications, certifications, location and availability;
• create and manage vessel profiles;
• submit information or documents for optional identity or vessel verification;
• post and manage short-term yacht daywork opportunities;
• search for jobs or dayworkers using listings, filters and location-based functionality;
• apply for jobs;
• invite selected dayworkers to jobs;
• accept or decline applications or invitations;
• view and manage the status of jobs and applications;
• receive certain service-related email notifications; and
• use other related functionality that Graftrz makes available from time to time.

The current version of the Platform does not provide:

• payment processing;
• collection or holding of job funds;
• payouts to dayworkers;
• collection of platform or booking fees;
• in-app messaging or chat;
• automated dispute handling;
• mediation or resolution of employment or payment disputes;
• full-time crew placement services.

These features may be introduced in a future version and may be subject to additional or updated terms.

Graftrz provides a technology platform through which vessels and their authorised representatives can connect with individuals seeking short-term yacht daywork.

Graftrz is not:

• an employer of any dayworker;
• an employee of any vessel, owner, captain or representative;
• a crewing, recruitment or employment agency;
• a party to any work arrangement concluded between users;
• the owner, operator or manager of any vessel;
• responsible for supervising or directing daywork;
• responsible for paying wages, fees, taxes, insurance or employment-related benefits;
• responsible for confirming that a user may legally work in a particular country or jurisdiction; or
• responsible for guaranteeing the suitability, competency, conduct or reliability of any user.

Any agreement to provide or receive daywork is made directly between the relevant users.

Nothing in these Terms creates an employment, agency, partnership, joint venture or fiduciary relationship between Graftrz and any user.

You may only use the Platform if:

• you are at least 18 years old;
• you have legal capacity to enter into a binding agreement;
• you are legally permitted to use the Platform under the laws applicable to you;
• you are not prohibited or restricted from working, hiring or conducting the relevant activities; and
• the information you provide is accurate and not misleading.

If you create or manage an account on behalf of a vessel, yacht owner, management company or other organisation, you confirm that you have authority to act on its behalf and to bind it in relation to your use of the Platform.

The Platform is intended for adult users involved in yacht daywork. The minimum age requirement relates to users' ability to enter into work arrangements and does not indicate that the Platform contains adult or objectionable content.

You must provide accurate, current and complete information when creating your account.

You are responsible for:

• maintaining the confidentiality and security of your login credentials;
• all activity carried out through your account;
• keeping your email address and other account information up to date;
• preventing unauthorised access to your account; and
• notifying Graftrz promptly if you suspect that your account has been accessed without permission.

You may not:

• create an account using another person's identity;
• create misleading, duplicate or fraudulent accounts;
• allow another person to use your account;
• sell, transfer or assign your account; or
• attempt to gain unauthorised access to another user's account.

Graftrz may require you to verify your email address or complete other reasonable account-security steps.

Users may be able to create or use one or more profiles, including profiles as:

• a dayworker;
• a captain;
• a Head of Department;
• a yacht manager;
• an owner's representative;
• a vessel administrator; or
• another role made available by Graftrz.

You must select and use only roles that accurately describe your position and authority.

Profile information may include your name, profile photograph, location, availability, experience, preferred department, qualifications, certifications and biographical information.

Vessel profiles may include details such as the vessel's name, type, length, flag state, port of registry, builder, official number, MMSI, IMO number and photographs.

You are responsible for ensuring that all profile and vessel information you submit is accurate, lawful and not misleading.

Graftrz may offer optional verification processes for users or vessels.

Verification may involve the submission of information or documents such as:

• identification documents;
• vessel registration documents;
• management letters;
• evidence of authority or employment; or
• other supporting documents reasonably requested by Graftrz.

A verification status or badge only indicates that Graftrz has completed the particular checks described by the Platform at that time. It does not constitute a guarantee, endorsement or certification of:

• a person's identity in every respect;
• a person's qualifications, ability or suitability;
• the validity of every document supplied;
• a person's legal right to work;
• a vessel's safety, condition or seaworthiness;
• a user's honesty, reliability or future conduct; or
• the quality or outcome of any work arrangement.

Users remain responsible for conducting their own checks before entering into a work arrangement.

Graftrz may refuse, suspend or withdraw verification where information is incomplete, cannot reasonably be confirmed, appears misleading or is no longer current.

A dayworker using the Platform is responsible for:

• ensuring that their profile is truthful and current;
• accurately describing their experience, skills and qualifications;
• holding any licences, certificates, visas, permits, medical certificates or other documentation required for the work;
• determining whether they may legally work in the relevant location;
• deciding whether a job is safe and appropriate;
• clarifying the scope, rate, hours, conditions and expectations before accepting work;
• attending accepted jobs punctually and carrying out agreed work with reasonable care and professionalism;
• complying with lawful onboard instructions and applicable safety requirements;
• arranging their own tax, insurance, social-security and other legal obligations; and
• raising any concerns directly with the relevant vessel representative.

Graftrz does not validate seafarer suitability or guarantee that any certificate, qualification or work authorisation is current or sufficient.

A captain, Head of Department, yacht manager, owner's representative or other vessel user is responsible for:

• having authority to create or manage the vessel profile;
• ensuring that vessel information is accurate;
• providing accurate job details;
• offering lawful, safe and genuine work;
• clearly stating the location, dates, hours, rate, duties and relevant onboard conditions;
• complying with applicable employment, immigration, tax, health and safety, maritime and labour laws;
• conducting any checks required before engaging a dayworker;
• ensuring that the working environment and equipment are reasonably safe;
• obtaining any required approvals from the vessel owner, manager, captain or other responsible party;
• communicating material changes to an accepted job directly to the dayworker; and
• paying the dayworker directly in accordance with the arrangement reached between them.

A vessel representative may not post speculative, misleading, unlawful or non-existent jobs.

The Platform is intended for genuine, short-term yacht daywork opportunities and not permanent or full-time crew placements.

A job posting may include information such as:

• job location;
• department;
• start and end dates;
• start time;
• expected duties;
• job rate or value;
• meals;
• uniform requirements;
• whether guests will be onboard; and
• other relevant working conditions.

The user posting the job is solely responsible for its accuracy and lawfulness.

Graftrz may review, reject, remove or restrict a job posting where it:

• appears fraudulent or misleading;
• contains incomplete or inaccurate information;
• concerns illegal or unsafe activity;
• is unrelated to the purpose of the Platform;
• infringes another person's rights;
• breaches these Terms; or
• may expose users or Graftrz to harm or legal risk.

A dayworker may apply for an available job through the Platform. A vessel representative may review applications or invite selected dayworkers to a job.

An application, invitation, acceptance or status displayed in the Platform does not make Graftrz a party to the resulting arrangement.

The relevant users are responsible for agreeing directly on:

• the final duties and scope of work;
• the rate and currency;
• working hours;
• start and completion times;
• breaks, meals, clothing and equipment;
• cancellation arrangements;
• payment method and timing;
• insurance;
• tax treatment;
• any required documentation; and
• any other conditions of the work.

Users should confirm important arrangements directly before the job begins.

Graftrz does not guarantee that:

• a job will remain available;
• an applicant will be selected;
• an accepted worker will attend;
• a vessel will proceed with a job;
• work will be completed;
• a user will receive payment; or
• either party will comply with an arrangement.

The current version of the Platform does not process or facilitate payments.

Any payment for work must be arranged and made directly between the relevant users outside the Platform.

Graftrz:

• does not receive or hold job funds;
• does not collect a commission or booking fee through the current version of the Platform;
• does not guarantee payment;
• does not issue invoices on behalf of users;
• does not determine whether an amount is due;
• does not process refunds; and
• is not responsible for unpaid, delayed, disputed or incorrect payments.

Users should agree the payment method, currency, amount and timing before work begins and should retain their own records.

The current version of the Platform does not provide in-app messaging or chat.

Graftrz may send service-related emails concerning matters such as:

• account registration;
• email verification;
• account security;
• profile or verification status;
• job applications;
• invitations;
• job status changes;
• changes to the Platform or these Terms; and
• important operational or legal notices.

You should use caution before sharing personal or sensitive information with another user.

Certain Platform features may use location information to display nearby jobs or dayworkers.

Depending on your settings and permissions, location information may be:

• entered manually by you;
• obtained from your device;
• used to determine approximate proximity; or
• displayed in a generalised or approximate form.

Location information and distance estimates may not always be accurate, current or complete. You must independently confirm the exact job location before travelling.

You may control location permissions through your device settings, although disabling location access may limit certain features.

"User Content" means information, text, photographs, documents, profile details, vessel details, job postings and other material submitted through the Platform.

You retain ownership of your User Content.

By submitting User Content, you grant Graftrz a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, display and use it to:

• operate and provide the Platform;
• display your profile, vessel or job information to relevant users;
• administer applications, invitations and verification;
• maintain security and prevent misuse;
• comply with legal obligations; and
• improve and support the Platform.

This licence continues for as long as reasonably necessary to provide the Platform, comply with law, resolve complaints or maintain legitimate records.

You confirm that:

• you own or have permission to use the User Content;
• it is accurate and lawful;
• it does not infringe another person's privacy, intellectual-property or other rights;
• it does not contain malicious software; and
• its use by Graftrz in accordance with these Terms will not violate any law or third-party right.

You must not use the Platform to:

• commit or promote any unlawful act;
• post false, misleading or fraudulent information;
• impersonate another person or organisation;
• misrepresent your identity, authority, experience or qualifications;
• post fake or non-existent jobs;
• discriminate unlawfully against another person;
• threaten, intimidate, harass or abuse another user;
• exploit, traffic or coerce any person;
• request payment from users as a condition of applying for work;
• upload harmful, defamatory, obscene or infringing content;
• collect or misuse another user's personal information;
• scrape, copy or harvest Platform data without permission;
• send spam or unauthorised advertising;
• introduce viruses, malware or harmful code;
• interfere with the operation or security of the Platform;
• bypass access controls or security measures;
• reverse engineer or attempt to extract the Platform's source code, except where expressly permitted by law;
• use automated systems to access the Platform without our permission; or
• use the Platform for a purpose unrelated to legitimate yacht daywork.

Users should immediately report suspected fraud, impersonation, unlawful content, unsafe jobs, exploitation, harassment or other serious misuse through:

Email: admin@graftrz.com

A report should provide enough information for Graftrz to identify the relevant account, profile, vessel, job or content and understand the concern.

Where a person appears to be in immediate danger, users should contact the relevant emergency services or law-enforcement authorities directly.

Graftrz may investigate reports, request additional information, restrict access to content or accounts, preserve relevant records and cooperate with competent authorities where required.

Graftrz may monitor, review, restrict, suspend, remove or disable access to accounts, profiles, jobs or User Content where we reasonably believe that:

• these Terms have been breached;
• information is false or misleading;
• unlawful or harmful activity may be involved;
• another user's rights or safety may be at risk;
• action is required by law or a competent authority;
• the security or integrity of the Platform may be threatened; or
• continued access may expose Graftrz or another person to material risk.

Where reasonably appropriate, Graftrz may notify the affected user of the reason for its decision and provide an opportunity to respond or appeal.

Graftrz is not required to retain or restore removed content except where required by law.

The current Platform does not provide an automated dispute-resolution service.

Users are expected to attempt to resolve disagreements directly and professionally.

Graftrz may, at its discretion:

• receive a complaint;
• request information from the parties;
• review activity recorded on the Platform;
• restrict an account or job;
• preserve relevant records; or
• take action under these Terms.

Graftrz is not obliged to mediate, determine fault, recover money, enforce an agreement or compensate either party.

Nothing in this section prevents a user from contacting a competent authority, obtaining legal advice or exercising any legal right available to them.

The Platform, including its software, design, branding, logos, databases, text, graphics and other materials supplied by Graftrz Ltd, is owned by or licensed to Graftrz Ltd and is protected by applicable intellectual-property laws.

Graftrz Ltd grants you a limited, non-exclusive, non-transferable and revocable right to use the Platform for its intended purpose and in accordance with these Terms.

You may not copy, reproduce, modify, distribute, sell, license or commercially exploit any part of the Platform without our prior written permission, except where permitted by law.

The name "Graftrz", its logos and associated branding may not be used without Graftrz Ltd's prior written approval.

The Platform may rely on or link to third-party services, including:

• mobile operating systems;
• app stores;
• authentication providers;
• mapping and location providers;
• cloud-hosting providers;
• email providers; and
• external websites or applications.

Third-party services are governed by their own terms and privacy practices.

Graftrz does not control and is not responsible for the availability, accuracy, security or performance of third-party services. A third-party service may change, restrict or discontinue its functionality without notice to Graftrz.

Graftrz aims to provide a reliable service but does not guarantee that the Platform will always be available, uninterrupted, secure or error-free.

Access may be interrupted because of:

• maintenance;
• updates;
• technical problems;
• telecommunications or hosting failures;
• third-party service interruptions;
• security incidents;
• legal or regulatory requirements; or
• events outside Graftrz's reasonable control.

Graftrz may add, remove, suspend or modify features from time to time. Where a material change affects users' rights or obligations, Graftrz will provide reasonable notice where required.

You may stop using the Platform at any time.

You may request deletion of your account by following the instructions on the Graftrz account-deletion page.

Account deletion may not immediately remove all information. Graftrz may retain information where reasonably necessary to:

• comply with legal or regulatory obligations;
• maintain security and prevent fraud;
• resolve complaints;
• establish, exercise or defend legal claims; or
• maintain records of completed or historical Platform activity.

Graftrz may suspend or terminate your account in accordance with these Terms.

Graftrz processes personal information in accordance with the Graftrz Privacy Policy.

The Privacy Policy explains what information Graftrz collects, why it is used, how it is protected and the rights available to users.

To the fullest extent permitted by law:

• the Platform is provided on an "as available" basis;
• Graftrz does not guarantee the accuracy of information supplied by users;
• Graftrz does not guarantee that any user, vessel, job, certificate or document is genuine, suitable, safe or lawful;
• Graftrz does not guarantee the availability, quality, completion or outcome of any job;
• search results, proximity information and verification indicators are informational tools only;
• users remain responsible for their own checks, decisions and arrangements; and
• Graftrz is not responsible for conduct occurring onboard a vessel or outside the Platform.

Nothing in these Terms excludes any warranty, right or remedy that cannot lawfully be excluded.

Nothing in these Terms is intended to limit any rights or responsibilities that cannot lawfully be limited under applicable law.

Subject to the above, and to the fullest extent permitted by law, Graftrz will not be liable for:

• loss of income, profit, opportunity, business or reputation;
• loss arising from an unsuccessful application or cancelled job;
• unpaid or disputed job amounts;
• travel, accommodation or other expenses incurred in connection with a job;
• loss caused by inaccurate user information;
• the conduct, acts or omissions of another user;
• injury, loss or damage occurring onboard or in connection with a vessel;
• loss arising from third-party services;
• loss of data outside Graftrz's reasonable control; or
• indirect, incidental, special or consequential loss.

Where liability cannot be excluded, Graftrz's liability will be limited to the maximum extent permitted by applicable law.

These limitations do not affect mandatory rights available to consumers under applicable law.

To the fullest extent permitted by law, you agree to compensate Graftrz for reasonable losses, liabilities, costs and expenses arising from:

• your unlawful use of the Platform;
• your material breach of these Terms;
• your User Content;
• your infringement of another person's rights;
• your fraud, negligence or wilful misconduct.

This section does not require a consumer to compensate Graftrz beyond what is permitted by applicable consumer law.

Graftrz may update these Terms to reflect:

• changes to the Platform;
• the introduction of new features;
• changes in law or regulatory requirements;
• security or operational requirements; or
• changes to Graftrz's business model.

The updated Terms will be published on the Graftrz website and the "Last updated" date will be changed.

Where changes are material, Graftrz will provide reasonable advance notice through the Platform, by email or by another appropriate method.

Continued use of the Platform after the updated Terms take effect constitutes acceptance of the updated Terms. Where required by law, Graftrz will request your express acceptance.

These Terms are governed by the laws of Malta.

Subject to any mandatory rights available to consumers, the courts of Malta will have jurisdiction over disputes relating to these Terms or the Platform.

If you are a consumer resident in the European Union or another jurisdiction that provides mandatory consumer protections, you may also have the right to bring proceedings in the courts of your country of residence. Nothing in these Terms removes any mandatory protection available to you under applicable law.

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue in effect.

Graftrz's failure to enforce a provision does not waive its right to enforce it later.

You may not transfer your rights or obligations under these Terms without Graftrz's written consent. Graftrz may transfer its rights or obligations as part of a restructuring, sale, merger or transfer of the Platform, subject to applicable law.

These Terms, together with the Privacy Policy and any additional terms expressly presented for a particular feature, constitute the agreement between you and Graftrz concerning your use of the Platform.

Questions, complaints or legal notices concerning these Terms may be sent to:

Graftrz Ltd The Core Triq il-Wied ta' l-Imsida Msida, MSD 9021 Malta

• General support: support@graftrz.com
• Legal notices: info@graftrz.com
• Safety and content reports: admin@graftrz.com
• Website: https://graftrz.com