End-User Agreement ("Agreement") for all Application Services developed and distributed by Maritime Optima AS
Effective from: 20th of July 2022
An end user means any user of any services (products) offered by Maritime Optima AS; all account owners, free users, team members also those who have been invited into a team as an employee, or a person without being an employee or in any contractual relationship with a Customer, and any other person that has been granted access to any Application Services offered by either Maritime Optima AS or a Customer.
Maritime Optima AS develop and distribute two Application Services: ShipAtlas and ShipIntel. Hereby called the Application Services. The Application Services provide different subscription plans.
The End-user Agreement is applicable to all Application Services developed and distributed by Maritime Optima AS.
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button and start downloading or using any of the Application Services.
By clicking the "I Agree" button, downloading or by using any of the Application Services, you are agreeing to be bound by the terms and conditions of this Agreement. If you disagree with the terms of this Agreement, do not click on the "I Agree" button and do not download or start using any of the Application Services.
Subscriptions
Maritime Optima AS grants you a revocable, non-exclusive, non-transferable, limited right to use any of the Application Services in accordance with the terms of this Agreement.
The user shall use any of the Application Services, only for the purposes specified and agreed on in this Agreement.
Intellectual Property Rights
Application Content: You are granted a limited, non-exclusive, revocable license to use the Application Services as described inside the product and on our website:
https://www.maritimeoptima.comThe customer is
not granted a right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare derivative works etc. Except for the limited rights expressly granted herein, all right, title and interest in and to the content on the Application Services distributed by Maritime Optima AS, is owned by Maritime Optima AS.
User Content: The user is solely responsible for the content you submit to the Application Services and the consequences of posting such content. In connection with such content, you warrant that you own or have the necessary licenses to use and authorize Maritime Optima AS to use any and all the content that you submit to the Application Services. You shall not submit as part of any such content any material that is copyrighted, protected as trade secret or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have permission from the rightful owner.
Feedback and unsolicited ideas
If you provide feedback, ideas, or suggestions to Maritime Optima AS in connection with the use of any of the Application Services, you acknowledge that the feedback is not confidential and that Maritime Optima AS has a right to use such feedback without restriction and without payment to you.
You also acknowledge that Maritime Optima AS does not accept unsolicited ideas or materials for content on the Application Services, and that Maritime Optima AS is not responsible if the content included on the Application Services is similar to ideas or materials that you have submitted to Maritime Optima AS. You waive any claims against Maritime Optima AS and its licensors in connection with the use of similar ideas or materials.
Restrictions
You are responsible for all activities in your account. You shall comply with all laws, regulations and conventions applicable to you in connection with the use of the Application Services, as well as other laws related to privacy, publicity, data protection, electronic communication and applicable anti-spam legislation.
You agree not to, and you will not permit others to:
Impair the security of the Application Service,
Give individuals not associated with the team or the company access to your account.
Log on to a server or account on the Application Service that you are not authorized to access,
Damage or make any part of the Application Service unusable,
Lease, distribute, license, sell or otherwise commercially exploit the Application Service or make the Application Service available to a third party other than as stated in this Agreement.
Communication. You are responsible for the content of all communications sent through the Application Services and shall comply with all applicable laws and regulations in connection with the use of the Application Service. You may not use the Application Services to communicate any message or material that:
Is harmful to minors, obscene or constitutes pornography.
Infringes on the intellectual property rights of a third party or is otherwise unlawful; or would otherwise give rise to civil liability.
Impair the security of the Application Service.
Log on to a server or account on The Service that the Account Owner is not authorized to access or
Damages or make any part of the Application Service unusable
Would otherwise give rise to civil liability; or
Constitutes or encourages conduct that could constitute a criminal offence under applicable laws or regulations.
Use of any bots to crawl or scrape our websites are considered prohibited. We will file police reports on any attempts to do so.
Lease, distribute, license, sell or otherwise commercially exploit The Application Services or make The Application Services available to a third party other than as stated in this Agreement.
In the event you commit any breach of these restrictions, Maritime Optima AS will endeavor to provide you with the opportunity to remove or disable access to the offending material or content.
However, Maritime Optima AS reserves the right to immediately remove, at its sole discretion, any content that is unlawful or offensive without prior notification. In addition to any other rights and remedies under the Agreement and in law, Maritime Optima AS reserves the right to immediately suspend access to the Application Service if such breach, in Maritime Optima AS ’s opinion, is illegal or is an imminent threat to the Application Services.
Modifications to the Application Services
ShipAtlas
Maritime Optima AS reserves the right to modify, suspend or discontinue, temporarily or permanently, the ShipAtlas free Application Service or its features or any service to which it connects, with or without notice and without liability to you.
Maritime Optima AS reserves the right to modify, temporarily or permanently, the ShipAtlas Standard Application Service or its features or any service to which it connects, with or without notice and without liability to you.
If Maritime Optima AS decides to suspend or discontinue, temporarily or permanently any features in the ShipAtlas Standard Application Service, Maritime Optima AS shall notify you as soon as the decision has been made. Maritime Optima AS shall be able to conduct such changes without liability to you.
ShipIntel
Maritime Optima AS reserves the right to modify, suspend or discontinue, temporarily or permanently, the ShipIntel free Application Service or its features or any service to which it connects, with or without notice and without liability to you.
Maritime Optima AS reserves the right to modify, temporarily or permanently, the ShipIntel Standard Application Service or its features or any service to which it connects, with or without notice and without liability to you.
If Maritime Optima AS decides to suspend or discontinue, temporarily or permanently any features in the ShipIntel Standard Application Service, Maritime Optima AS shall notify you as soon as the decision has been made. Maritime Optima AS shall be able to conduct such changes without liability to you.
ShipIntel Free Trial
Maritime Optima AS might decide to offer trials for a specified period without payment or at a reduced rate (a “Trial”) on the Application service Maritime Optima Pro. Maritime Optima AS reserves the right to determine your eligibility for a Trial and revoke or modify a Trial at any time without prior notice with no liability to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Disclaimer
All data related to vessels, ports, weathers, loadline lines, polar codes, fixtures and other data presented in different features in the Application Services, are believed to be correct. The data is obtained from various sources and may be subject to frequent updates and changes without prior notice.
However, Maritime Optima AS does not accept any form of liability, neither legally nor financially, for loss (direct or indirect) caused by relying on or using the Application Services, its features or its data.
Amendments to this Agreement
Maritime Optima AS reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Information
If you have any questions about this Agreement, please contact us.
Maritime Optima AS
Bryggegata 9, 0250 OSLO
Phone: + 47 22 12 98 00
E-mail: post@maritimeoptima.com
