Subscription Agreement for Use of the ShipIntel Application Service

Effective from: 20th of July 2022

1 Background

Maritime Optima AS is developing and distributing different Application Services for the maritime industry based on different subscription models. The Application Services are available as software as a service (SaaS). The ShipIntel Application Services provide several paid subscription plans. This agreement regulates all types of paid subscription plans in ShipIntel Application Service. This Agreement also regulates the Free Trial term. 

This Subscription agreement (the “Agreement”) has been entered into by the Customer and Maritime Optima AS.

The ShipIntel Application Service has been developed and adapted by Maritime Optima AS.This Agreement governs the Customer's use of the ShipIntel Application Service (as defined below). 

Should any provision of this Agreement be pronounced invalid or illegal, or if for any reason a provision cannot be enforced, it shall not affect the validity of the remaining provisions of the Agreement.

The customer enters a paid subscription by registering for a paid subscription plan inside the ShipIntel Application Services, accepts and agrees to comply with the terms and conditions of this Agreement and make available a valid credit card where the issuer has accepted the transaction or register for an invoice. 

A person entering into the Agreement on behalf of the Customer herewith guarantees that he or she is authorized to bind the Customer to the terms and conditions stated in this Agreement and to make available a valid credit card where the issuer has accepted the transaction.


2. Definitions

The below terms have the following meaning:

“Account Owner” means a person representing the Customer and is entering into the Agreement on behalf of the Customer and is authorized to bind the Customer to the terms and conditions stated in this Agreement.

"Application Content" means all data, text, images, graphics, tools and other materials and information on the ShipIntel Application Service which are subject to the intellectual property rights of Maritime Optima AS, its subsidiaries and affiliates, and their respective licensors and licensees.  

“ShipIntel Application Service” means the ShipIntel paid subscription and includes the Free trial term.

“Controller” means the customer who has entered into a paid subscription of the ShipIntel Application Service. A controller’ means the natural or legal person determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the controller.

“Customer” means any entity or a private person that has registered a paid subscription inside the web product. All customers subscribing for a paid subscription are professional customers and therefore will be acting as a controller.

“Data Subject” means an identifiable natural person who may be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number (e-mail or phone number etc) or location data. Data subject also means Users as described below.

"User Content" means data for application analytics, product settings and the usage of the application which the User submits to the ShipIntel Application Service. 

“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”), such as:

Maritime Optima AS may receive the information directly from the customer who registers for a ShipIntel subscription on a person's behalf.

“The Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller (Maritime Optima AS).

“Users” means any user of the ShipIntel Application Service; all Account Owners, team members, employees of the customers and those who are invited into a team without being an employee or in a contractual relationship with the Customer, and any other person that has been granted access to the service by either Maritime Optima AS or the Customer. 

3. Provisions for using the Application Service 

Registration. The Customer is responsible for providing complete and accurate information about all Users who are invited into their subscription. The Customer is also responsible for providing correct information upon entering into this Agreement. 

Subscription. Maritime Optima AS shall make the ShipIntel Application Service available to the Customer, in accordance with this Agreement during the term of this Agreement. The functions available in the ShipIntel Application Service may be changed or replaced with new features produced by Maritime Optima AS from time to time.

Compatibility. Maritime Optima AS has defined minimum hardware and system requirements for compatible devices and will inform about which hardware devices are compatible for the use of the Application Service on our website https://www.maritimeoptima.com/. The list will be updated from time to time. The warranty set out in Section 12 is strictly limited to use on compatible hardware.

Support. Support is given by using our chat, by e-mailing or by telephone. Maritime Optima AS will do its utmost to reply as soon as possible on any customer requests sent through our chat or by e-mail. Support through phone calls will be provided 08:00 a.m. – 17:00 p.m. Norwegian time Monday – Friday, holidays excluded.

Availability. Maritime Optima AS aims to make the ShipIntel Application Service available 24/7/365 with as little downtime as possible and follows the industry’s best practice to achieve this. Maritime Optima AS’s goal is to offer the ShipIntel Application Service with 99.9% uptime. The Customer is advised that even if this is Maritime Optima’s goal, the ShipIntel Application Service is provided "as is" without any warranty (see clause 10), and downtime may occur.


4. The ShipIntel Application Service specific requirements

Maritime Optima AS offers software and web applications that allow the Customer to access the ShipIntel Application Service on their mobile devices, tablets and desktop computers using browsers such as Chrome, Apple Safari, Firefox and Edge.


For the avoidance of doubt:

Mobile devices must be purchased separately and are not included in the Agreement. Furthermore, an active Internet connection is required, which may entail data costs and/or other costs for the Customer. The Customer has to enter into separate agreements for the provision of Internet/WI-FI or the provision of 3G/4G.

These requirements may be changed and information on which requirements apply at any time are available on our web pages https://www.maritimeoptima.com/.

The ShipIntel Application Service may collect technical data, including information about application crashes and statistics of use. 

Maritime Optima AS’s processing of personal data is in accordance with applicable data protection legislation.

5. Third-party suppliers

The Customer accepts that third-party services not currently part of Maritime Optima AS may be made available to the Customer from time to time by Maritime Optima AS or third parties, and that the Customer’s decision to acquire any such service shall be subject to an exclusive agreement between the Customer and the applicable third-party supplier. Maritime Optima AS does not guarantee support of third-party products or services.

6. Duty of confidentiality

As a consequence of the performance of the Agreement, the parties may receive confidential information including, but not limited to company internal information including services, specifications, marketing information and similar sensitive information. The parties hereby agree that they will use such confidential information solely for the purposes of performing the agreement and that they will not disclose to any third party such information other than as required for performing the Agreement.

After termination of the Agreement the parties shall not disclose any such confidential information.

The foregoing provisions will not prevent the disclosure or use by the parties of any information that is or becomes, through no fault of the party, public knowledge or to the extent required by mandatory law.

If the receiving party is compelled by law to disclose confidential information, the disclosing party must be given prior notice of this.

7. Prices

The prices for a subscription to the modules in ShipIntel Application Service is indicated on our web pages and in the upgrade/order confirmation inside the ShipIntel Application Service. 

Payment as per monthly fee and active monthly seats (MAU) per module on each renewal date. If the Customer adds a seat during a subscription term, the credit card will be charged for the remaining months until the next “main” renewal date or a new invoice sent, depending on what payment form is agreed. For some subscription plans only credit cards might be accepted.

When adding a seat to a module subscription, you add the seat to all the modules you subscribe for. 

Maritime Optima AS charges 12 months in advance, and we do not provide any refund during the 12 months subscription term. The subscription payments shall be made on the basis of using a credit card or invoice. 

Unless agreed otherwise, this Agreement shall enter into force on the date the offering letter or ordering form is signed (the effective date) and continue until the expiration or termination of the Agreement.The features will be unlocked when the credit card payment is confirmed by the credit provider or the invoiced paid. 

The selected Subscription Plan is automatically renewed, unless canceled by the Customer. 

Maritime Optima AS might charge a fee for setting up a project on behalf of the Customer, a fixed monthly fee. Such fees will be announced on the order confirmation inside the ShipIntel Application Service.

All amounts payable by the Customer as a part of this Agreement will be paid to Maritime Optima AS without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new service or new feature of the ShipIntel Application Service will be effective when Maritime Optima AS posts updated fees and charges in our newsletters or on our web pages. 

Maritime Optima AS may increase or add new fees and charges for the existing ShipIntel Application Service Subscription Plans, applicable from the next renewal date. If such an increase is decided, the price increase will be announced on the 1st day of a new year each year on the web site and by newsletter to the account owner.

Maritime Optima AS may elect to charge the Customer interest at the rate of 1.5% per month on all late payments. If the Customer’s payment is overdue by more than fourteen (14) days, Maritime Optima AS reserves the right to suspend access to the ShipIntel Application Service.

Value Added Tax (VAT) will be added to the price for Customers established in Norway. All other Customers are responsible for paying all taxes, fees, levies and charges applicable in the Customer’s respective jurisdiction.

Maritime Optima AS might find it necessary to incur any extra costs or expenses for customer support, this shall be agreed in writing between the parties in advance.

8. Rights

The ShipIntel Standard Application Service and all intellectual property rights therein, and all intellectual property rights related to the delivery and provision of support are owned or licensed by Maritime Optima AS. The Customer acknowledges that any and all copyrights, trademarks, trade names, patented and/or patentable rights and all other intellectual property rights existing in or used in connection with the ShipIntel Application Service, are the sole property of Maritime Optima AS. This also applies to modifications, improvements or upgrades made during the term of the Agreement.

The Customer shall not:

Application Content: You are granted a limited, non-exclusive, revocable license to use the ShipIntel Application Service as described inside the product and on our website: https://www.maritimeoptima.com/pricing https://www.maritimeoptima.com.

The 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 ShipIntel Application Service is owned by Maritime Optima AS.

User Content: The Customer is solely responsible for the User Content and the consequences of posting User Content. In connection with User Content, the Customer warrants that it owns or has the necessary licenses to use and authorize Maritime Optima AS to use any or all User Content. The Customer shall not submit as part of any User Content any material that is copyrighted, protected as trade secret or otherwise subject to third party proprietary rights, unless the Customer is the owner of such rights or has permission from the rightful owner. 

9. Subscription period and termination

A paid subscription might contain several subscription plans (modules). A customer starting a paid subscription, will start subscribing for a ShipIntel subscription module plan and the person registering the account will become an Account Owner for all modules. An account owner is described as an administrator, he/she can invite in members. He can activate or deactivate seats, at any time during the subscription.

A paid subscription will automatically be renewed if the subscription is not actively terminated or deleted prior to the date of renewal.

An Account Owner cannot be deactivated. If all the other Users in a paid subscription are deactivated on the renewal date, the credit card will be charged for a monthly fee and one seat or an invoice sent for the monthly fee and one seat, depending on which payment form has been agreed. An Account Owner can ask Maritime Optima AS to terminate the subscription. If an Account Owner wants to terminate the subscription, they will not be reimbursed for the remaining prepaid subscription payment (up to the next due / renewal date). 

This Agreement may be terminated by the Customer upon 6 months written notice. The termination period starts on the first day of the subsequent month.

This Agreement may be terminated by either party on the following conditions:

Section 8, 10, 11 and 12 shall survive any termination or expiration of this Agreement, together with any other provision that by its nature is meant to survive a termination.

10. Warranties and disclaimers

A description of the ShipIntel Application Service is available at Maritime Optima AS' web pages at any time. Such information will be updated from time to time. 

Disclaimer. The ShipIntel Application Service is a software application service subscribed to ”as is”. Maritime Optima AS does not undertake to develop the ShipIntel Application Service further with new content even if this is what the Customer wants. Maritime Optima AS does not guarantee that all errors in the ShipIntel Application Service can or will be corrected.

Maritime Optima AS does not warrant that the functions contained in the ShipIntel Application Service will meet the Account Owner’s requirements or that the operation of the ShipIntel Application Service will be uninterrupted or error free.

All data related to vessels, ports, weathers, loadline lines, polar codes, fixtures and other data presented in different features in the ShipIntel Application Service, 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 and using the ShipIntel Application Service or its data.

11. Limitation of liability

Neither party (nor its suppliers) shall have any liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, interruption of business, or any indirect, special, incidental or consequential damages of any kind, even if information of the possible of such damages in advance.

Maritime Optima AS and its suppliers' entire liability to the Customer arising out of or related to this Agreement shall in any event not exceed the amount actually paid by the Customer to Maritime Optima AS during the prior twelve (12) months under this Agreement.

Maritime Optima AS is not liable for any indirect or consequential damages arising from lack of access to the service or bugs in the service.

Maritime Optima AS reserves the right to charge for the development of features that were not part of the ShipIntel Application Service when the Agreement was entered into. 

The Customer shall provide sufficient support and training to all Users of the ShipIntel Application Service before Users are granted access to the ShipIntel Application Service. Maritime Optima AS shall not be liable for errors made by Users and thereby the consequences this might have, as a result of Users improper use of the ShipIntel Application Service.

12. General provisions

This Agreement, the privacy document and data processor agreement, constitutes the entire agreement between the Customer and Maritime Optima AS and supersedes all prior agreements and discussions.

Neither party may issue press releases related to this Agreement without the other party's prior written consent. Either party may include the name and logo of the other party in its list of customers or vendors in accordance with such party’s standard guidelines.

The Customer and Maritime Optima AS are independent contractors. This Agreement does not create a joint venture or partnership between the Customer and Maritime Optima AS and neither party is authorized as an agent, employee or representative of the other party.

Maritime Optima AS may revise this Agreement from time to time during the term of the Agreement and has a duty to inform the Customer of any material amendments. Customers, however, have a duty to keep updated on changes on the web pages of Maritime Optima AS, where the applicable conditions at any time are available. 

This Agreement and any rights or obligations hereunder shall not be assigned, sublicensed or transferred in any other way to a third party without the written consent of the other party.

The obligations and rights of the parties to this Agreement shall be governed by and construed in accordance with Norwegian law, without regard to conflicting principles of law. The parties agree that the exclusive jurisdiction shall be Oslo District Court, Norway. All legal proceedings shall be conducted in Norwegian.

Any amendments to this Agreement shall be in writing and shall be deemed to form part of the Agreement as of the date they are agreed on.

Force Majeure. Neither party to this Agreement shall be liable to the other party for any errors or delays in performance due to circumstances beyond the companies’ control, including, but not limited to, fire, labor difficulties, governmental action or terrorism, provided that the parties give written notification of such circumstances to the other party and makes any reasonable endeavors to overcome such challenges.

 

Maritime Optima AS

Contact us:

Maritime Optima AS

Bryggegaten 9, 0250 OSLO

Phone: + 47 22 12 98 00

E-mails must be sent to: post@maritimeoptima.com

Appendix 1 - Data processor agreement

Maritime Optima AS -  Data processor agreement

Effective from: 20th of July 2022

Purpose

The Customer has entered into a paid subscription hereafter referred to as the “Controller” and Maritime Optima AS (“Processor”) will process certain Personal Data on behalf of and in accordance with instructions from the Customer in connection with the provision of the service provided to the customer in accordance with the subscription agreement. 

Definitions

The controller:

The customer who has entered into a paid subscription of the ShipIntel 

Application Service. A controller’ means the natural or legal person determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the controller.

The data subject:

Means an identifiable natural person who may be identified, directly or 

indirectly, in particular by reference to an identifier such as a name, an identification number (e-mail or phone number etc) or location data. 

The processor:

Means a natural or legal person, public authority, agency or other body 

which processes personal data on behalf of the controller (Maritime Optima AS).

Personal data:

Means any information relating to an identified or identifiable natural 

person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical identity of that natural person.

This agreement sets out the rights and obligations for processing Personal Data on behalf of the Controller pursuant to the subscription agreement. This agreement shall ensure that the processing meets the standard of the General Data Protection Regulation (GDPR), as well as any supplemental Norwegian data protection regulations.  

The Processor’s duties

The Processor shall make sure that it treats the personal data in accordance with the requirements in Article 28 and 32 of the GDPR such as:

  1. Encrypting personal data.
  1. Maintaining ongoing confidentiality, integrity, availability, access, and resilience of processing systems and services.
  2. Restoring the availability of and access to personal data, in the event of a physical or technical security breach.
  1. Testing and evaluating the effectiveness of technical and organization measures.
  1. Ensure that technical strategies include monitors, logs, and reports on data structure changes and be able to show compliance auditors that changes to the database can be traced to accepted change tickets.
  1. Ensure that employees and sub-processors or other third parties authorized to process Personal Data on behalf of the Processor in accordance with Section 4 are subject to obligations of confidentiality. 
  1. Implement appropriate technical and organizational measures required pursuant to Article 32 of the GDPR.
  1. Ensure that any sub-processors processing Personal Data on behalf of the Processor is under the same contractual obligations as set out in this agreement and complies with the requirements in Article 28 (2) and (4) of the GDPR.

 

  1. Keep a record (log) of the processing activities carried out on behalf of the Controller, which shall at least contain the information required pursuant to Article 30 of the GDPR.

Notify the Controller if the Processor receives a request from a governmental authority to disclose Personal Data processed under this agreement. The Processor is not obliged to notify if the law prohibits such notification. 

  1. Makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller. Each party carries its own costs related to such an audit.

The scope of the Processor’s duty to provide assistance to the Controller under j) shall take the nature of the processing and the information available to the Processor into account. 

Notification routines

In the event of a Personal Data breach, the Processor shall notify the Controller without undue delay. 

The notification shall at least describe:

The Controller shall ensure that an incident report is sent to the relevant Data Protection Authority in accordance with GDPR art. 33.  

Use of sub-processors and transfer of data.

The Processor has the right to use these sub-processors which also includes transfer of personal data:

Microsoft Azure (Azure): The Personal Data we collect from you is stored in our European data processing centre. Currently this data centre is operated by Microsoft, which is one of the world’s leading data centre operators for cloud services. The Microsoft data centers we use are placed within the European Union (EU) and/or European Economic Area (EEA). Audio and video data is never transferred to servers outside the EU or EEA. Your Maritime Optima user accounts and data do NOT constitute a Microsoft account. 

Intercom.io for customer support and engagement: Maritime Optima ́s clients are provided with customer support and customer chat from Intercom.io. The company is located in the USA and in Europe, and Intercom Inc has certified adherence to and commits to apply the  In the case of transferring Personal Data to a Intercom.io entity outside the EEA area, this will be done based on Intercom Binding Corporate Rules as described here, which establish adequate protection of the Personal Data and are legally binding for Intercom Inc. Where Intercom Incs Binding Corporate Rules do not apply, Intercom Inc will instead rely on other lawful measures to transfer your Personal Data outside the EEA and Switzerland, such as the EU standard contractual clauses. For more information about Intercom Inc´s. privacy policy: https://www.intercom.com/legal/privacy.

Stripe for handling online payments made by credit cards on the web Application. The company is located in the USA and in Europe, and Stripe Inc has certified adherence to and commits to apply the In the case of transferring Personal Data to a Stripe Incs entity outside the EEA area, this will be done based on Stripes Incs Binding Corporate Rules as described here, which establish adequate protection of the Personal Data and are legally binding for Stripe Inc. Where Stripe Incs Binding Corporate Rules do not apply, Stripe Inc will instead rely on other lawful measures to transfer your Personal Data outside the EEA and Switzerland, such as the EU standard contractual clauses. For more information about Stripes Inc´s. privacy policy: https://stripe.com/en-no/privacy.

Google Analytics and Firebase. Maritime Optima AS is using Firebase and Google Analytics for application analytics, improvements, bug fixes, and as our notification service. The transfer of Personal Data to a Firebase or Google Analytics entity outside the EEA area is mainly based on Firebase and Google's Binding Corporate Rules. If not applicable, the transfer is based on EU standard contractual clauses. For more information: https://firebase.google.com/support/privacy and https://support.google.com/analytics/answer/9019185#zippy=%2Cin-this-article.

Webflow. Maritime Optima AS uses Webflow to host our website and landing pages, for marketing of our product and its features and for the purpose of providing information about the Application Service and its features and for signing up to our newsletter.

Webflow is owned by Webflow Inc. If they are transferring Personal Data to a Webflow Inc entity outside the EEA area, the transfer is mainly based on Webflow Inc Binding Corporate Rules. If not applicable, the transfer is based on EU standard contractual clauses or the Framework. For more information: https://webflow.com/legal/privacy.

The Controller hereby grants a general authorization to use these sub-processors. The Controller shall be informed in advance of any replacement of sub-processors or any addition of new sub-processors. The Controller may not reject a new sub-processor without legitimate reason. 

Audits

Each party shall cover their own costs related to audits.  

Liability and compensation

The controller and processor shall cover their own administrative fines and other penalties imposed as a result of violations of the data protection laws. 

Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. 

A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller. The liability is limited and shall only cover direct costs up to a maximum of a 12 months paid subscription fee and shall not cover indirect costs.  

In case the processor becomes liable to pay compensation due to circumstances in which the other party is responsible, the responsible party shall make the compensation payment. 

Duration of the agreement

The agreement is in force for as long as the Processor processes Personal Data on behalf of the Controller pursuant to the paid subscription agreement. 

In the event of a breach of this agreement or data protection laws, the Controller may instruct the Processor to stop further processing of the data with immediate effect by asking the processor to delete his account. 

Return, deletion and/or destruction at the end of the agreement

Upon termination of this agreement, at the choice of the controller, the processor is obliged to delete or return all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data.

The Controller may require that the Processor deletes or destroys all Personal Data processed under this agreement. The Controller may ask the Processor to confirm in writing that the deletion is completed. The deletion shall be carried out no later than 60 days after the agreement is terminated. Deletion means that the Personal Data is permanently deleted from all systems, except from the backup system. Only technical personnel shall have access to the backup system. 

Law and legal venue

The law and legal venue are pursuant to the subscription agreement. 

Maritime Optima AS

Contact us:

Maritime Optima AS

Bryggegaten 9, 0250 OSLO

Phone: + 47 22 12 98 00

E-mails must be sent to: post@maritimeoptima.com

Appendix 2- Data Processing instructions

Active as of 20th of July 2022

The Controller’s instructions to the Processor:

Purpose

The controller gives the Processor the instruction to process personal data related to users using the ShipIntel on their behalf, according to the terms and conditions described in the ShipIntel Subscription Agreement. 

The processors will process Personal Data in order to administer the user accounts and to be able to provide the ShipIntel Application Service as described, as well develop and improve the ShipIntel Application Service and its security measures.

Categories of personal data

The Personal Data, which is processed, consists of company name, username, telephone number and email address.

Categories of data subjects

“The data subject” means an identifiable natural person who may be identified, directly or 

indirectly, in particular by reference to an identifier such as a name, an identification number (e

mail or phone number etc) or location data. Data subject in the ShipIntel Application 

Service means users.

“Users” means any user of the ShipIntel Application Service; all Account Owners, team members, employees of the customers and those who are invited into a team without being an employee or in a contractual relationship with the Customer, and any other person that has been granted access to the service by either Maritime Optima AS or the Customer. 

Processing activities

In order to use the ShipIntel Application Service, the Processor is authorized to collect and store personal data on behalf of the controller, according to this agreement.

Duration of the agreement

The agreement is in force for as long as the Processor processes Personal Data on behalf of the Controller pursuant to the subscription agreement. 

Return, deletion and/or destruction at the end of the agreement

Upon termination of this agreement, at the choice of the controller, the processor are obliged to delete or return all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data.

The Controller may require that the Processor deletes or destroys all Personal Data processed under this agreement. The Controller may ask the Processor to confirm in writing that the deletion is completed. The deletion shall be carried out no later than 60 days after the agreement is terminated. Deletion means that the Personal Data is permanently deleted from all systems, except from the backup system. Only technical personnel shall have access to the backup system. 

Appendix 3: 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.

  1. 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. 

  1. 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.com.

The 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. 

  1. 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.

  1. 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:

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:

would otherwise give rise to civil liability.

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.

  1. Modifications to the ShipIntel Application Services

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 ShipIntel. 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

Bryggegaten 9, 0250 OSLO

Phone: + 47 22 12 98 00

E-mails: post@maritimeoptima.com


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