Effective from: 8th of December 2024
Maritime Optima AS develops and distributes two Application Services: ShipAtlas and ShipIntel. Hereby called the Application Services. This End-user Agreement regulates the ShipIntel Application Services developed and distributed by Maritime Optima AS. The ShipIntel Application Services provide different subscription plans.
An end user means any user of the ShipIntel Application Service offered by Maritime Optima AS; all account owners, team members, free trial users, and users who are owners or members in a paid ShipIntel Subscription.
The end user is also a person 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 ShipIntel Application Services offered by either Maritime Optima AS or a Customer.
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button and start downloading or using any of the ShipIntel Application Services.
By clicking the "I Agree" button, downloading, or using any of the ShipIntel Application Services, you agree 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.
Maritime Optima AS grants you a revocable, non-exclusive, non-transferable, limited right to use any of the ShipIntel Application Services in accordance with the terms of this Agreement.
The user shall use any of the ShipIntel Application Services only for the purposes specified and agreed on in this Agreement.
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/shipintel
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 of the ShipIntel 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 ShipIntel 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 all the content you submit to the ShipIntel Application Services. You shall not submit as part of any such content any material that is copyrighted, protected as a 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.
If you provide feedback, ideas, or suggestions for new or improved features in ShipIntel, and you share such with to Maritime Optima AS in connection with the use of any of the ShipIntel Application Services features, in the chat or phone, you acknowledge that such feedback is not confidential and that Maritime Optima AS has a right to use such feedback without restriction and payment to you.
You also acknowledge that Maritime Optima AS does not accept unsolicited ideas or materials for content on the ShipIntel Application Services and that Maritime Optima AS is not responsible if the features 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.
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 ShipIntel Application Services and 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 ShipIntel Application Services. You shall comply with all applicable laws and regulations in connection with the use of the ShipIntel Application Service.
You may not use the ShipIntel 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 is considered prohibited. We will file police reports on any attempts to do so. Reverse engineering the ShipIntel server APIs or directly accessing said APIs through other means than manual use of the ShipIntel applications constitute a breach of terms. Maritime Optima may in such cases discontinue the service without compensation or refund, at our discretion.
You are not allowed to lease, distribute, license, sell, or otherwise commercially exploit The ShipIntel Application Services or make The ShipIntel Application Services available to a third party other than as stated in this Agreement.
If you breach 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 unlawful or offensive content 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 ShipIntel Application Service if such breach, in Maritime Optima AS’s opinion, is illegal or is an imminent threat to the ShipIntel Application Services.
Maritime Optima AS reserves the right to modify the upgraded ShipIntel Application Service or its features or any service to which it connects, with or without notice and without liability to you.
However, if Maritime Optima AS decides to suspend or discontinue, any features in the ShipIntel Application Service, Maritime Optima AS shall notify you as soon as possible. Maritime Optima AS shall be able to conduct such changes without liability to you.
ShipIntel Free Trial
Maritime Optima AS offer free trials or a trial for free or at a reduced rate (a “Trial”) for the ShipIntel Application Service for a specified period. 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 public data related to vessels, ports, weather, 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
Munkedamsveien 45, 0250 OSLO
Phone: + 47 22 12 98 00
E-mails: post@maritimeoptima.com
