Effective from: 2nd of April 2024
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).
This agreement regulates the free trial and the paid subscriptions of the ShipIntel Application Service which offers two services: ShipIntel Essentials and ShipIntel Pre-Fix.
This Subscription agreement (the “Agreement”) has been entered into by the Customer and Maritime Optima AS. This Agreement enter into force on the date the offering letter letter for a free trial is sent and accepted/ signed (the effective date) and continue until the expiration of the free trial or the termination of the paid subscription.
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.
Should any provision of this Agreement be pronounced invalid or illegal, or if a provision cannot be enforced for any reason, it shall not affect the validity of the remaining provisions of the Agreement.
The customer can sign up for a video meeting and be granted a free trial by employees of Maritime Optima AS and hereby accepts and agrees to comply with the terms and conditions of this Agreement from the free trial starts and to it ends, and when the customer enters a paid subscription and for the duration of the paid subscription.
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 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 Essentials and the ShipIntel Pre-Fix subscription plans whether on free trial or a paid subscription.
“ShipIntel subscription plans” means a ShipIntel Essentials Subscription plan an/or a ShipIntel Pre-Fix subscription plans whether on free trial or a paid subscription.
“ShipIntel Paid Subscription Plans” means all types of a paid ShipIntel subscription plans.
“Controller” means the customer entered a ShipIntel subscription plans. A controller is a natural or legal person who determines the purposes and means of processing personal data.
“Customer” means any entity or a private person that has registered any ShipIntel subscription plans. All customers subscribing to any paid subscription plan are professional customers and, therefore, will act 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. The 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 during their ShipIntel subscription plans.
“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 paid ShipIntel subscription plans 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 Services; 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.
Private (not personal) data
This Subscription agreement (the “Agreement”) has been entered into by the Customer and Maritime Optima AS. Any private data added by the customers employees or representatives while using the ShipIntel Application Service, are the customer’s property and are only available for the owners and team members in the customer’s ShipIntel Application Service Subscription. If the customer chooses to sync or upload data and files from any other software like for example OneDrive, such private customer data is only exposed for the owners and team members in the customer’s ShipIntel Application Service Subscription and is the customer’s property.
3. Provisions for using the Application Service
Registration. The Customer is responsible for providing complete and accurate information about all Users invited into their subscription. The Customer is also responsible for providing correct information upon entering 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 you about which devices are compatible for using 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 emailing or by telephone. Maritime Optima AS will do its utmost to reply as soon as possible to 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 practices 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 allowing the Customer to access the ShipIntel Application Service on their mobile devices, tablets, and desktop computers using browsers such as Chromium-based browsers, Apple Safari, Bing, and Firefox (we do not support Firefox on Linux machines).
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.
Browsers, operating systems, and device requirements may be changed, and information on which requirements apply at any time is 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 for 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.
7. Prices
The prices for a paid subscription of the ShipIntel Application Service are provided by the sales people/employees in Maritime Optima during the free trial subscription and confirmed on an offering form. When the customer has confirmed the order, and invoice will be sent. The features inside the products will be made available for the customer when the invoice is paid.
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 an invoice. If the Customer adds a seat during a subscription term, an offering form will be sent. When the customer has confirmed the order an invoice will be sent. The seats will be made available for the customer when the invoice is 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. Such fees will be announced on the order confirmation form.
The Customer can order support and training from Maritime Optima. The prices for training of the Customer’s employees are offered by the salespeople/employees in Maritime Optima during the free trial subscription and confirmed on an offering form.
If the customer wants to subscribe for the export of data from the ShipIntel Application Service, a separate data export agreement needs to be agreed and signed. Fees for such data export are provided by the salespeople/employees in Maritime Optima and confirmed on an offering form. When the order is confirmed, and the agreed data will be made available for the customer when the invoice is paid.
All amounts payable by the Customer as a part of this Agreement will be paid to Maritime Optima AS without setoff or counterclaim and 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 on the next renewal date.
Maritime Optima AS may increase or add new fees and charges for the existing ShipIntel Application Service, applicable from the next renewal date.
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 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, 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 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 of 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 a 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. A customer starting a paid subscription will start subscribing to a ShipIntel paid subscription plan, and the person registering the account will become an Account Owner. An account owner is described as an administrator, and he/she can invite members. He can activate or deactivate seats at any time during the subscription. An Account Owner cannot be deactivated.
A paid subscription will automatically be renewed if the subscription is not actively terminated prior to the date of renewal.
The Customer may terminate this Agreement upon 6 months' written notice. The termination period starts on the first day of the subsequent month. The Account Owner has to ask Maritime Optima AS to terminate the subscription. If an Account Owner wants to terminate the subscription by sending an e-mail to sales@maritimeoptima.com, they will not be reimbursed for the remaining prepaid subscription payment (up to the next due / renewal date).
This Agreement may be terminated by either party on the following conditions:
Sections 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 described in the offering form and is also presented on the Maritime Optima AS' web pages at any time. Such information will be updated from time to time on the company’s website.
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 public available data related to vessels, ports, weather, 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 the 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 is responsible for providing 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, the data processor agreement and the end-user 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; 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 make any reasonable endeavors to overcome such challenges.
Maritime Optima AS
Contact us:
Maritime Optima AS
Munkedamsveien 45, 0250 OSLO
Phone: + 47 22 12 98 00
E-mails must be sent to: sales@maritimeoptima.com
Appendix 1 - Data processor agreement
Maritime Optima AS - Data processor agreement
Effective from: 2nd of April 2024
Purpose
The Customer, hereafter referred to as the “Controller,” has entered into a paid subscription 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.
This Data processing Agreement relates to ShipIntel Application Services.
Definitions
The controller: The customer who has entered into a paid subscription to the ShipIntel Application Service. A controller is a natural or legal person who determines the purposes and means of processing personal data.
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: This 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 Articles 28 and 32 of the GDPR, such as:
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.
The scope of the Processor’s duty to provide assistance to the Controller under j) shall consider the nature of the processing and the information available to the Processor.
Notification routines
In the event of a Personal Data breach, the Processor shall notify the Controller without delay.
The notification shall at least describe the following:
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 the transfer of personal data:
Microsoft Azure (Azure): The Personal Data we collect from you is stored in our European data processing center. Microsoft operates this data center, one of the world’s leading data center 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.
Customers using the Microsoft Office 365 and support the Microsoft Entra protocol, can offer their employees to use the company’s Microsoft subscription for login to their ShipIntel subscriptions. Then they are following the policies of their company and what is stated in the Microsoft Entra protocol.
HubSpot for customer support, chat, and user engagement. We also use HubSpot for hosting campaign landing pages and for newsletters. Maritime Optima ́s clients are provided with customer support and customer chat from Hubspot. The company is located in the USA and Europe, and HubSpot Inc has certified adherence to and commits to applying the GDPR policy. Transferring Personal Data to a HubSpot entity outside the EEA area, will be done based on HubSpot Binding Corporate Rules as described here, which establish adequate protection of the Personal Data and are legally binding for HubSpot Inc. Where Hubspot Incs Binding Corporate Rules do not apply, HubSpot 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 HubSpot’s. privacy policy: https://legal.hubspot.com/privacy-policy.
Intercom. Maritime Optima AS is using Intercom.io, for the purpose of hosting the Knowledge Guides and chat on the public website. The transfer of Personal Data to an Intercom.io entity outside the EEA area is mainly based on Intercom.io Binding Corporate Rules. If not applicable, the transfer is based on EU standard contractual clauses. For more information: https://www.intercom.com/legal/privacy.
Webflow. Maritime Optima AS uses Webflow for the purpose of hosting our website and landing pages, for marketing our product and its features and for the purpose of providing information about the Application Service and its features, and for signing up for newsletters. 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.
24SevenOffice: We are sending invoices from our accounting software 24SevenOffice. The 24SevenOffice software host the payment details from the customer. The payment information will be stored for five years in accordance with the Norwegian Bookkeeping Act Section 13. Maritime Optima AS does not host any payment details from any customer.
The Controller hereby grants 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 its 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 the Processor deletes or destroys all Personal Data processed under this agreement. The Controller may ask the Processor to confirm that the deletion is completed in writing. 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
Munkedamsveien 45, 0250 OSLO
Phone: + 47 22 12 98 00
E-mails must be sent to: sales@maritimeoptima.com
Appendix 2- Data Processing instructions
Active as of 2nd of April 2024
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. The 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 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 the storage of the personal data.
The Controller may require the Processor deletes or destroys all Personal Data processed under this agreement. The Controller may ask the Processor to confirm that the deletion is completed in writing. 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
End-User Agreement ("Agreement") for the ShipIntel Application Services developed and distributed by Maritime Optima AS
Effective from: 2nd of April 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.
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 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
