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User Agreement

User Agreement

This User Agreement refers to and binds Registered Users of our Service, in particular of a free or a Premium plan as well as of mobile Apps or API Service or any other service that may be provided in the future through TheBoatApp/TheBoatDB Service.The following Terms govern the usage of the Information and Data provided to the Users by Marine Data Cloud Ltd (Marine Data Cloud) and its affiliates.

Subject of the Agreement

TheBoatApp/TheBoatDB provides seamless experience and unified access of users’ boating data. More specifically, provides data management of logbook, inventory, maintenance, documents, checklists, tasks, alerts, reports, etc; along with technical boat data and metrics, ratios and boats comparisons. In short, a single marine data repository, providing consolidated data management, fully catalogued, organized and backed-up, accessible from anywhere on any device, online as well as offline.

Information and Data for Internal use only

The User shall use the Information and Data for his/her own internal use only. Except as otherwise set forth herein, The User shall have no other rights with respect to the Data, including without limitation, any right otherwise to use, distribute, furnish or resell the Data or any portion or derivative thereof. The User may not use the Data for any illegal purpose or in any manner inconsistent with this agreement. Except as expressly permitted pursuant to this agreement, The User may not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, or in any other way create a misimpression or confusion among users with respect to sponsorship or affiliation or exploit in any way material from the Data.

Duration of the Agreement

The Service provided through TheBoatApp/TheBoatDB on a Premium plan or API Service has the duration referred to in that plan (the subscription period).

Payments

If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to Marine Data Cloud and/or third-party processing partners storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services following the instructions in the 'My Account' section. You also acknowledge that TheBoatApp/TheBoatDB Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

Refunds

You acknowledge that a variety of TheBoatApp/TheBoatDB actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Marine Data Cloud has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for TheBoatApp/TheBoatDB Premium Service and find that any such modifications or interruption of the Premium Service adversely affects you, you may notify us, explain the adverse impact the modification has created and, if you desire, request a termination of your Premium Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, by extending the duration of your Premium Service subscription for a period of time equal to the interruption and/or by refunding a portion of your Premium Service subscription fee equal to the remaining unused term of the Premium Service subscription, as we determine appropriate

Account cancellation

By accepting this Agreement, the User acknowledges that the information and data that he gets access to, may be of significance to national or international authorities related to navigation or with respect to sovereignty rights of one state or organization that protects such rights. TheBoatApp/TheBoatDB and Marine Data Cloud preserves the right to cancel, reduce and/or inactivate, without previous notice, one or more accounts or geographical areas, that may fall into the scope of a national or international authorities' prohibition or restriction of access to that information and data. In such cases, no refund or compensation of any kind shall be born in favour of the User.

One account per user

We reserve the right to refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected, we reserve the right to close or merge these duplicate Accounts without notification. You must not duplicate content over multiple accounts or multiple duplicate updates on one account.

Copyright

The Data may be protected by copyright, trademark, international treaties and other proprietary rights and laws of European Union, the United States, United Kingdom and other countries. The User agrees to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Data. Unauthorized use of the Data and the materials contained in the Data may violate applicable copyright, trademark or other intellectual property laws or other laws and shall be a breach of this agreement.

Unauthorised use

Marine Data Cloud is not liable for any unauthorized use of the Data. The User shall remain liable for all confidential or proprietary information disclosed by The User or its affiliates as a result of any unauthorized use of the Data. Marine Data Cloud may, without notice, choose to block User's access to the Data and Services if Marine Data Cloud has reason to believe that Data or Services are being used by an unauthorized person, in any manner inconsistent with the Terms or for other reasons deemed appropriate by Marine Data Cloud in its sole discretion.

Modifications of Service

The User acknowledges and agrees that nothing in this agreement constitutes an undertaking by Marine Data Cloud to provide the Information, Data or Services in its present form or under any specifications. Marine Data Cloud, in its sole and absolute discretion may from time to time make additions to, deletions from, modifications to, or change the format and features of the Information, Data or Services.

The User also acknowledges that Marine Data Cloud may be obliged to alter, modify or reduce the extend of Service provided through TheBoatApp/TheBoatDB, due to the implementation of constitutional, international or private restrictions on marine systems, data or agreements. If such restriction applies to the Service in a way that may affect or impair the Premium plans of TheBoatApp/TheBoatDB shall bear no responsibility and shall not be obliged to full or partial refund of any fee to the User.

No Warranties

To the fullest extent permitted by applicable law, none of Marine Data Cloud or any of its affiliates, their members, directors, officers, employees, agents, and contractors has made or shall be deemed to have made any representations or warranties whatsoever with respect to the information, data and services provided. The services, data and information provided by Marine Data Cloud, or any of its affiliates, their members, directors, officers, employees, agents, and contractors is provided on an "as is" basis, and Marine Data Cloud expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title and non-infringement. Marine Data Cloud does not warrant that the service will be uninterrupted or error-free, that defects will be corrected. Marine Data Cloud does not warrant or represent the use of the data in terms of its correctness, accuracy, reliability, or otherwise.

Reliance upon Data

The User acknowledges and agrees that the Data provided by Marine Data Cloud may be inaccurate or incomplete and are subject to error, delay or change. Reliance upon or use of such Data shall be at User's risk.

Damages

The User acknowledges that in no event shall Marine Data Cloud or its affiliates be liable to it for any direct, special, incidental, indirect, punitive, consequential damages or any other damages of any kind (including, but not limited to, lost profits and damages that may result from the use of the Services or Data, any delay or interruption of service, or omissions or inaccuracies in the information) even if Marine Data Cloud or any other party have been advised of the possibility thereof.

Liability

Marine Data Cloud or its affiliates will not be liable or responsible in negligence or otherwise to any person not a party to this agreement for (i) any information, data or advice expressly or impliedly given by Marine Data Cloud or (ii) any act, omission or inaccuracy by Marine Data Cloud. Nothing in this sublicense agreement will be construed to create rights in favor of any person not a party to this sublicense agreement other than Marine Data Cloud which shall be an intended third party beneficiary of this agreement.

The User shall, at its expense, indemnify, defend, and hold Marine Data Cloud and its affiliates harmless from and against any and all claims, losses, liabilities, damages, actions, proceedings, costs, and expenses (including without limitation reasonable attorneys fees) arising out of or relating to the use of the Data by the User or its breach of this Agreement.

Breach of Agreement

The User acknowledges that any breach of this Agreement may cause irreparable harm to Marine Data Cloud and/or Company for which monetary damages may not be sufficient, and the User agrees that Marine Data Cloud and/or Company will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief, and such further relief as may be proper from a court of competent jurisdiction.

Force Majeure

If Marine Data Cloud is prevented or delayed in the performance of any of its services under this Agreement by force majeure, then Marine Data Cloud shall be excused from the performance or the punctual performance, as the case may be, as from the date of such force majeure occurs, for so long as such cause of prevention or delay shall continue. For the purpose of this Agreement, "force majeure" shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Marine Data Cloud. Excuse from performance does not extend the duration of the provided Services to the User.

Applicable Law / Competent Courts

The present Agreement, as well as any modification or alteration on them are subject to English law. All the above-mentioned terms are considered as essential. Should any of the terms become against the law, it becomes inactive and is removed from the present text without affecting in any way the validity of the other terms.

If any dispute or difference arises out of or in connection with this Agreement, it shall be resolved by the courts of England and Wales, which shall have exclusive jurisdiction.