Hardware and Installation Addendum (phase 2)

Version 0.1.0 (draft) · text fingerprint 1319980a1a92

DRAFT: not legal advice, requires review by a Canadian lawyer before use with real customers.

1. Who this is between

• The provider: [KIPNETIC LEGAL NAME] and [SHEERR WEATHER LEGAL NAME], acting together ("we").
• The group: [GROUP LEGAL NAME] ("the group").
• The boat owner: [BOAT OWNER NAME], owner of the vessel [VESSEL NAME] ("you").

This addendum adds to the Pilot and Subscription Agreement. Nothing is installed until the group and the boat owner have both signed it.

2. What the kit is

The kit is:

• A marine sensor kit (a weather station and a motion box).
• A mount and cables.
• Where a boat has no internet link, a Starlink Mini. We set it up. The boat or the group holds the Starlink plan and pays for it.

The kit adds measured readings to the service. The service still works from phone data if the kit is off or the link is down.

3. Who owns the kit

[DECISION: choose one option. Both are written out so the lawyer can see them.]

• Option A: provider owns, boat borrows. We own the kit. We lend it to you for the term. Title does not pass to you. You may not sell, lend or pledge it.
• Option B: sold to the boat. You buy the kit for [KIT PRICE]. Title passes to you on payment. The software service is still under the subscription.

The Starlink Mini follows the same option unless Schedule A says otherwise.

4. Install day at the wharf

• You give our installer access to the vessel at [WHARF] on [INSTALL DATE], and power where needed.
• The installer mounts the kit, runs cables and sets up the link. We aim to finish in an afternoon. We do not promise the time.
• The installer will not touch the engine, steering, navigation, alarms, fuel, hull fittings or any safety equipment.
• You stay responsible for the vessel, its certificates, its inspections and its insurance. Installing the kit does not change that.
• Tell us before install day about anything that could be affected, such as a steel mast, a hull coating or a certificate condition.

5. Not safety equipment

• The kit is not safety equipment.
• It is never wired into steering, engine, navigation or alarm systems.
• Electrical work is done by a qualified person.
• It does not replace your required safety gear, your VHF radio, or a distress beacon. In an emergency, use VHF channel 16, a distress beacon, or call the Joint Rescue Coordination Centre.
• The kit supports your judgment. You make every decision about going to sea.

6. Your duties as boat owner

• Do not tamper with, open, move or remove the kit.
• Tell us promptly about damage, a fault or a loss.
• Keep it powered and clear of ice, gear and obstruction as best you can.
• Let us inspect or service it at a time we agree.
• Do not let anyone else use the Starlink plan or the link for something unrelated, unless the plan owner agrees.

7. Damage, loss and theft

• Normal wear is ours to fix under Option A, or yours under Option B.
• Damage you cause, loss and theft: [ALLOCATION OF RISK, with an amount if any].
• Report theft to the police and to us within [REPORT DAYS] days.
• The kit is covered by [WHICH INSURANCE].

8. Data from the kit

Readings from the kit belong to the harvester under the Data Ownership and Sharing Agreement. Your chosen sharing mode applies to kit readings as it does to phone readings. You can see your own exact position and readings at all times. The kit does not change who may see them.

9. Liability and insurance

[LAWYER: confirm installation liability, limits, indemnity in both directions, and what insurance a boat owner must carry. Vessel safety certification issues also need a lawyer's view.]

• We carry [TYPES AND AMOUNTS OF INSURANCE].
• You carry [BOAT OWNER INSURANCE: types and amounts], and tell your insurer about the kit if your policy needs it.
• We are not liable for loss of use, lost catch or lost income caused by a kit fault or a link outage. [LAWYER: confirm.]
• Our total liability under this addendum is limited to [LIABILITY CAP]. Nothing limits a liability that the law does not allow to be limited.

10. Removal and return

• At the end of the term, or if this addendum ends early, we remove the kit at a time we agree, at [WHO PAYS].
• Under Option A you return the kit in the condition you received it, apart from normal wear.
• Under Option B we remove only the software link and the Starlink Mini, unless you ask otherwise.
• Data stays on the schedule in the Data Retention and Deletion Schedule.
• Ending this addendum does not by itself end your personal data rights.

11. Governing law

The laws of Newfoundland and Labrador and the federal laws of Canada that apply there govern this addendum. The courts of Newfoundland and Labrador have authority. [LAWYER: confirm.]

12. Signatures

[LAWYER: confirm that e-signature is valid for this addendum.]