IVON Terms of Service

These Terms of Service ("Terms") govern access to and use of the IVON website, mobile applications, booking tools, messaging tools, payment flows, content, and related services (collectively, the "Platform"). By accessing or using the Platform, creating an account, publishing a listing, making a booking, or clicking to accept these Terms, you agree to be bound by them.

If you use the Platform on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" includes both you and that entity.

These Terms incorporate by reference the Vendor Agreement, Client Agreement, Privacy Policy, the IVON Cancellation & Refund Policy, any posted safety rules, any listing-specific rules disclosed before booking, and any supplemental terms IVON publishes for particular services, promotions, products, or jurisdictions.

IVON provides an online marketplace that allows independent vendors to advertise, offer, and sell beach gear rentals, beach-related experiences, and beach-adjacent services, including, without limitation, tours, jet ski activities, canoeing, paddle activities, wellness services, beauty services, photography services, private chef services, group experiences, and similar offerings and services. IVON is not the owner, operator, lessor, supplier, carrier, outfitter, guide, instructor, or insurer of vendor products or services unless IVON expressly states otherwise in writing for a specific offering.

Any rental, experience, or other service booked through the Platform is provided by the applicable vendor, not by IVON. A booking forms a direct contract between the client and the vendor. IVON is not a party to that direct vendor-client contract except to the limited extent necessary to operate the Platform, process or facilitate payments, communicate notices, or enforce Platform rules.

IVON does not guarantee the existence, quality, safety, legality, suitability, licensing status, insurance status, seaworthiness, merchantability, fitness, timeliness, condition, supervision, or performance of any listing, vendor, client, rental item, vehicle, vessel, equipment, guide, or experience. Any verification, badge, review, screening step, or listing approval performed by IVON is informational only and does not create a representation, warranty, or assumption of duty by IVON.

You must be at least 18 years old and able to form a binding contract to use the Platform. You must provide accurate, current, and complete information, keep credentials secure, and promptly update your account information.

You are responsible for all activity that occurs under your account, whether or not authorized by you, unless applicable law requires otherwise. You may not transfer your account without IVON's written consent.

IVON may require identity verification, business information, payment information, emergency contacts, or other documentation at any time. IVON may refuse, suspend, limit, or terminate access to the Platform where IVON believes it is necessary for safety, fraud prevention, legal compliance, claims management, business integrity, or any other legitimate business reason.

Vendors are solely responsible for the content, accuracy, pricing, availability, restrictions, legal compliance, and performance of their listings. Clients are solely responsible for reviewing all listing details, restrictions, age limits, skill requirements, weather limitations, vendor instructions, cancellation terms, and safety disclosures before booking.

A booking request or instant booking becomes binding when confirmed through the Platform and payment authorization is successfully completed. IVON may cancel, hold, or reverse a booking where reasonably necessary to address fraud, safety concerns, legal risk, pricing errors, duplicate bookings, vendor unavailability, suspected policy violations, technical failures, or force majeure conditions.

Cancellations, refunds, booking credits, rebooking support, no-shows, late arrivals, weather disruptions, Covered Reservation Issues, Vendor Cancellations, reschedules, and booking modifications are governed by the IVON Cancellation & Refund Policy. That Policy uses a simpler, listing-level cancellation model for Beach Gear Rentals and a broader IVON override and remediation model for Experiences & Services.

Vendors and clients must complete transactions through the Platform unless IVON expressly authorizes otherwise. Off-platform solicitation, fee avoidance, or circumvention of the Platform may result in suspension, booking cancellation, fee recovery, or other enforcement action by IVON.

IVON may facilitate collection and remittance of booking amounts, platform fees, deposits, and other authorized charges through third-party payment processors. By using the Platform, you authorize IVON and its processors to charge the payment method you provide for all amounts due in connection with your use of the Platform.

IVON may apply the refund, credit, service fee, tax, coupon, referral credit, payout offset, and chargeback rules described in the IVON Cancellation & Refund Policy and any applicable payment disclosures. Where a refund, credit, or price adjustment is issued under Platform policy, IVON may correspondingly reduce, eliminate, delay, or recover payouts and other amounts.

Unless IVON expressly agrees otherwise in writing, IVON does not assume responsibility for vendor tax collection obligations, licensing fees, permit fees, or compliance with laws applicable to the underlying rental or experience. Vendors remain solely responsible for determining, collecting, reporting, and remitting any taxes, fees, permits, or assessments arising from their listings or operations.

If a user initiates a chargeback, reversal, or payment dispute, IVON may share relevant records with payment processors, withhold payouts, recover amounts from the responsible user, offset future amounts, charge administrative fees to the extent permitted by law, and take account enforcement action.

The Platform may contain user-generated content, messaging features, review tools, and service information. IVON may monitor, remove, restrict, preserve, or disclose content or communications where IVON reasonably considers it necessary to operate the Platform, investigate claims, protect users, comply with law, or enforce this legal stack.

Beach environments, open water, marine equipment, vessels, guided and self-guided activities, and outdoor conditions present obvious and inherent risks. These risks may include drowning, collisions, slips, falls, sun exposure, dehydration, heat illness, currents, tides, surf, wakes, weather changes, marine life, defective equipment, transportation hazards, negligent acts of vendors or participants, or delayed emergency response.

You understand and agree that IVON does not inspect each listing, supervise each rental or activity, monitor weather conditions on site, supply safety personnel, maintain vendor equipment, or control the acts or omissions of vendors, guides, operators, or other participants. To the maximum extent allowed by law, IVON disclaims any duty to inspect, warn, supervise, rescue, control, or ensure the safety, legality, or quality of vendor offerings.

THE PLATFORM IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IVON DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

IVON does not guarantee uninterrupted availability of the Platform or error-free operation, nor does IVON guarantee that any listing will remain available, that any user will complete a transaction, or that any experience or rental will be safe, lawful, suitable, or satisfactory.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IVON AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH, ARISING OUT OF OR RELATED TO THE PLATFORM, ANY LISTING, ANY BOOKING, OR ANY INTERACTION BETWEEN USERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IVON'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL PLATFORM FEES PAID TO IVON BY YOU IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

You will defend, indemnify, and hold harmless IVON and its affiliates, owners, officers, directors, employees, agents, contractors, and service providers from and against any claims, demands, actions, damages, judgments, losses, liabilities, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your breach of these Terms or the incorporated policies; (b) your listings, rentals, experiences, equipment, operations, content, or conduct; (c) your violation of law or third-party rights; (d) injury, death, or property damage involving you, your guests, your personnel, or your offerings; or (e) your misuse of the Platform.

IVON may investigate suspected violations, remove content, cancel bookings, hold or redirect payouts, issue warnings, restrict features, suspend accounts, or terminate access immediately and without prior notice where IVON reasonably believes such action is appropriate for safety, legal compliance, fraud prevention, risk control, business integrity, or protection of third parties.

IVON may also cancel or place conditions on any booking or listing where IVON reasonably believes it is necessary to address fraud, safety concerns, weather or marine risk, legal compliance issues, duplicate inventory, misleading listings, suspected circumvention, payment risk, or other Covered Reservation Issues described in the IVON Cancellation & Refund Policy.

Users may stop using the Platform at any time, but termination does not affect accrued rights, obligations, fees, release language, dispute provisions, indemnities, or any provision that by its nature should survive.

PLEASE READ THIS SECTION CAREFULLY. Except for claims eligible for small claims court and requests for temporary or preliminary injunctive relief to protect intellectual property or confidential information, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any booking, payment, listing, or user interaction will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable consumer or commercial arbitration rules, as determined by the administrator.

The arbitration will take place in Miami-Dade County, Florida, unless applicable law requires a different forum or the parties agree to remote proceedings. The arbitrator will have exclusive authority to resolve disputes regarding the interpretation, applicability, or enforceability of this arbitration agreement, except that a court of competent jurisdiction will decide issues relating to class action waiver enforceability where required by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND IVON WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. Claims must be brought only in an individual capacity.

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles, except to the extent superseded by federal law or consumer protection laws that cannot be waived.

IVON may provide notices by email, platform message, posting on the Platform, or other reasonable means. You consent to electronic communications and agree that electronic notices satisfy any legal notice requirement.

These Terms constitute the entire agreement between you and IVON concerning the Platform, except for any separately executed written agreement. If any provision is held unenforceable, the remaining provisions remain in effect to the fullest extent possible. IVON may assign these Terms in connection with a merger, acquisition, reorganization, or asset sale. You may not assign your rights or obligations without IVON's prior written consent.