Terms of Service

1. Introduction

Welcome to Handover. By accessing or using the Handover platform, you agree to be bound by these Terms of Service. If you do not agree, please do not use the service.

“We”, “us”, and “our” refer to Helmwise (Pty) Ltd, a South African company. “You” and “your” refer to the individual or organisation using Handover.

2. Eligibility

You must be at least 18 years old to use Handover. If you are using Handover on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these terms.

3. Account Registration

You must provide accurate and complete information when creating an account. Each account is for a single individual — sharing accounts is not permitted. You are responsible for maintaining the security of your password and for all activity that occurs under your account. You must notify us immediately at hello@thehandover.app if you become aware of any unauthorised access.

4. Service Description

Handover is a voice-first capture and handover reporting tool built for superyacht crew. You record voice notes which are transcribed and classified by AI, and the platform generates structured handover reports for your vessel.

Core features include capture (voice, text), AI classification of notes into departments and priorities, generation of formatted handover reports, and image-based import workflows for library items such as contacts, credentials, suppliers, and procedures. In those import workflows, a photo, screenshot, or scanned image may be processed to extract structured details for review. Those import images are used only for extraction and are not retained by us as standalone stored photos after processing. Standalone photo attachments for ordinary handover captures are not currently enabled in the main capture flow.

5. Account Access and Commercial Terms

Access to Handover features may vary by account, vessel setup, and administrator permissions. Some functionality may be limited or unavailable depending on how your account or vessel is configured.

Paid Handover subscriptions are offered on terms that may vary by customer, vessel, or organisation. The specific pricing, billing frequency, and subscription term applicable to your account are set out in your order confirmation, checkout summary, or separate commercial agreement, as applicable. Billing, renewals, refunds, and cancellations are handled in accordance with our Refund Policy.

6. Acceptable Use

You agree not to:

• Use Handover for any illegal purpose or in violation of any applicable law.
• Harass, abuse, or threaten other users.
• Upload malicious content, viruses, or harmful code.
• Reverse engineer, decompile, or disassemble any part of the platform.
• Use automated scraping, bots, or similar tools to access the service.
• Impersonate any person or entity.

7. Voice Recordings

Voice recordings are uploaded solely for the purpose of transcription. Audio files are deleted immediately after processing is complete. We never store raw audio recordings and never use them for any purpose other than transcription.

8. AI-Generated Content

Handover uses artificial intelligence to classify captures and generate summaries. This output is provided for convenience only and does not constitute professional advice of any kind. You must review all AI-generated content before relying on it. We disclaim all liability for the accuracy of AI output. Use AI-generated content at your own risk.

Handover is not a safety-of-life system and is not intended for use in navigation, vessel safety, emergency response, or any other safety-critical operational decision. Do not rely on Handover, or on any AI-generated content produced by Handover, as a substitute for the professional judgement of qualified crew, officers, or maritime authorities, or as a substitute for any logbook, record, or system required by law, flag state, or classification society.

9. Your Data and Content

You retain full ownership of all content you create in Handover, including captures, notes, and reports. By using the service, you grant us a limited licence to process, store, and transmit your content solely for the purpose of providing the service. We do not claim any intellectual property rights over your captures or reports.

10. Data Ownership and Portability

Your data belongs to you. You may request an export of your data at any time by contacting us. Upon account deletion, your data will be removed in accordance with our data retention policy as described in our Privacy Policy.

11. Intellectual Property

The Handover platform — including its user interface, source code, design, and brand — is owned by Helmwise (Pty) Ltd and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of any part of the platform without our prior written consent.

12. Limitation of Liability

To the maximum extent permitted by law, the total liability of Helmwise (Pty) Ltd arising from or related to your use of Handover shall not exceed the greater of: (a) the total amounts paid for the service by you or on your behalf in the 12 months preceding the claim, or (b) R5,000 (ZAR).

In no event shall Helmwise (Pty) Ltd be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or business opportunity, regardless of the cause of action.

Nothing in these terms limits or excludes any liability that cannot be limited or excluded under applicable law, including any non-waivable rights you may have as a consumer under the South African Consumer Protection Act, 2008. Where any provision of this section is found to be unenforceable against you as a consumer, the remainder of this section continues to apply to the fullest extent permitted by law.

Assumption of risk. You acknowledge and accept that: (a) the Handover service necessarily involves the transmission, processing, and storage of your data by Helmwise and by the third-party sub-processors listed in our Privacy Policy; (b) no system of data storage, transmission, or security is perfectly secure, and despite our reasonable efforts, data breaches, unauthorised access, or service interruptions may occur; and (c) you use the service with full understanding of these risks. Subject to any non-waivable rights you may have under applicable law, including the Consumer Protection Act, 2008, and the Protection of Personal Information Act, 2013, you agree that Helmwise's liability for any such incident is governed by the limits set out in this section, and that you will not hold Helmwise liable beyond those limits for losses arising from events outside our reasonable control or from the inherent risks of internet-based services.

13. Indemnification

You agree to indemnify and hold harmless Helmwise (Pty) Ltd, its officers, directors, and employees from any claims, damages, losses, or expenses (including legal fees) arising from your use of the service, content you submit, or your breach of these terms.

14. Disclaimers

The service is provided “as is” and “as available” without warranties of any kind, whether express or implied. We do not warrant that the service will be uninterrupted, error-free, or secure. We do not guarantee the accuracy, completeness, or reliability of any AI-generated content.

15. Termination

We may suspend or terminate your account if you breach these terms. You may close your account at any time. Upon termination, your access to the service will cease and your data will be handled in accordance with our Privacy Policy.

16. Changes to Terms

We may update these terms from time to time. If we make material changes, we will notify you via the email address associated with your account. Continued use of Handover after notification constitutes acceptance of the updated terms. The current version of these terms is always available at /terms.

17. Governing Law and Disputes

These terms are governed by the laws of the Republic of South Africa. Any disputes arising from or related to these terms or your use of Handover shall be subject to the exclusive jurisdiction of the South African courts.

Nothing in this section affects any mandatory rights you may have as a consumer under the laws of your country of residence, including any right to bring proceedings in, or to have the laws of, that country apply to the dispute, where such rights cannot be waived by agreement.

Questions or concerns? Contact us at hello@thehandover.app.