End-user license agreement terms of Service
This Agreement was last modified on 08.08.2019.
This Agreement (hereinafter the “Agreement”, "User Agreement") was made by and between NAVIAPPS HOLDING LIMITED, a company incorporated and existing under the laws of Cyprus, having its registered address at: Cyprus Clement, 41-43, KLIMENTOS TOWER, Flat 25 1061, Nicosia, Cyprus, registration number HE372488, hereinafter referred to as the "Company" and any person using Mobile app or Website, hereinafter referred to as the "User". This User Agreement describes the terms and conditions which User accept by using Mobile app or Website.
Terms and Definitions
In this User Agreement:
"We", "our", "company" or "the company" or "us" means NAVIAPPS HOLDING LIMITED.
"User", "you" or "your" means an individual who visits or uses the mobile app or website and accepted the terms of this Agreement in full.
"Website" means the website operated by NAVIAPPS HOLDING LIMITED and available at: www.boatpilot.me and any of its regional or other domains or properties
"Mobile app" means the software and any application iOS, Android, or API named "Boatpilot", operated by NAVIAPPS HOLDING LIMITED, developed specifically for use on small, wireless computing devices, such as smartphones and tablets.
"Account" means the account associated with your email address.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
The company offers Users the opportunity to use its services on the terms and conditions of this User Agreement. This Agreement shall take effect upon the User’s express agreement with its terms in the manner provided below.
This Agreement may be amended by Company without notice, and a new revision of this Agreement shall take effect when posted online at the web address given in this paragraph, unless otherwise stated in the new revision of this Agreement. The current revision of this User Agreement is always available at https://www.boatpilot.me/terms/.
By starting the use of Mobile app or Website /certain functions or going through the registration procedure, the User shall be deemed to have accepted the terms of this Agreement in full without any limitations or exceptions. If the User does not agree to any provisions of this Agreement, the User must not use Mobile app and Website. If Company makes any amendments to this Agreement to which the User does not agree, the User shall cease to use Mobile app and Website.
The Company shall under a simple (non-exclusive) license grant to the User a non-transferable right to use the Mobile app and Website in all countries of the world in the following ways: To use the Mobile app as intended and to this end produce and install (run) it on a mobile device(s) of the User. The User may install the Mobile app on an unlimited number of mobile devices. To run the Mobile app for non-commercial purposes (free of charge). The User has the right to use the Website for its direct functional purpose by downloading and viewing the Website on any personal computers and mobile device(s). Cartographic materials, boat traffic database, boat traffic accident along with intellectual property accessed through the Mobile app and Website (hereinafter referred to as the Data) belong to the Company and/or their owners and are only meant for personal non-commercial use by the User as part of the functionalities of the Mobile app and Website. The User is hereby notified of and agrees that the Mobile app and Website will transmit to the Company data of the User’s location and traffic characteristics received from a GPS device, or the User’s approximate location determined by an active cell of the communications service provider whose SIM card is used at that moment in the User’s mobile device, for gathering statistical information on the boat traffic status, and depersonalized voice records.
The Mobile app and Website provides the following functions to the User:
• Gain free access to updated detail mapping.
• Search and obtain information about objects on the map.
• Select the direction of navigation to the objects on the map "in a straight line" without obstacles.
• Storing trip statistics in the User’s personal account, subject to the User’s authorization in the Mobile app and Website and confirmation of the User’s consent to gathering of statistics in the Mobile app and Website.
• Send messages and negotiate with other users of the Mobile app and Website.
NOTE! The Mobile app and Website are not a substitute for navigation devices. The User should closely follow the special equipment on board the vessel and be guided by its data when drawing up the route and following the route. The User shall independently and fully bear all risks and responsibility for the selection of the routes and following the selected routes. The Company does not guarantee the route accuracy, optimality, relevance and/or the compliance of the route with the boat traffic regulations and shall not be responsible for the User’s choice of routes and following them.
User Registration. User Account.
To use Mobile app and Website or certain specific functions of Mobile app and Website, the User shall complete registration to create a unique account. Upon registration the User shall provide valid and complete information requested in the registration form and shall regularly update such information. If the User provides invalid information or Company has reasons to believe that any information provided by the User is incomplete or invalid, Company may at its discretion block or delete the User’s account or deny the User the use Mobile app and Website (or certain functions).
When signing up, the User may upload an image for his/her profile (user icon). Account may contain materials published by the User as part of the use of the Mobile application and the Website: the user's contact details, links to social networking pages, photo, name, characteristics of the vessel. User understands and agrees that Company has the right to store, publish and otherwise use the images and materials provided by the User when using the Mobile app and Website in order to provide services to Users of the Mobile app and Website, as well as to promote and advertise such services. When User uploads or otherwise submits content to the Mobile app and Website, the user grants to Company worldwide a license to use, post, store, reproduce, modify, create derivative works (e.g., as a result of translation, adaptation or other changes Company to make the content better work with the services), communicate, publish, publicly perform, publicly display and distribute such content. The rights granted by this license are for the limited purpose of operating, promoting and improving the Company's services, as well as for developing new ones. This license is retained even if the User stops using the Mobile app and Website (for example, for a business listing added to maps).
The User shall be responsible for security of the chosen means of access to his/her account and for confidentiality of such means. The User shall be responsible for any actions (and their consequences) in and with Mobile app and Website through the User’s account including voluntary transfer by the User of information required to access the User account to third parties on any conditions (including by contracts or agreements). Any actions in or with Mobile app and Website performed through the User’s account shall be considered done by the User. The User shall promptly inform Company of any instances of unauthorized (not allowed by the User) access to Mobile app and Website through the User’s account and/or any breach (alleged breach) of confidentiality of the chosen means of access to his/her account. For security reasons, the User shall securely log out after completing each session (Log Out button) of operating Mobile app and Website. Company shall not be responsible for any potential loss or damage of information as well as any other consequences appearing as a result of failure by the User to comply with this part of this Agreement. Account use by the User.
The User may not reproduce, duplicate or copy, sell, resell or use for any commercial purposes any parts of Mobile app and Website (including content available to the User through Mobile app and Website) or access to Mobile app and Website, except when authorized by Company or it is directly stated in the User agreement. Account termination. Company may block or delete the User’s account as well as prohibit access through account to certain services and delete any content without giving reasons including in case the User violates the terms of this Agreement. The User may at any time delete its account at Mobile app and Website by contacting the technical support of the Mobile app and Website.
Terms of service and payment
Use of the Mobile app and Website by the User on the terms and conditions of this license for personal non-commercial purposes shall be free. Use of the Mobile app and Website on the terms and conditions and in ways not covered by this license (including commercial use) shall be only possible on the basis of a separate agreement with the Company.
Notwithstanding the foregoing portions of the Mobile app and Website services may be provided for a fee under the terms of this agreement (hereinafter - fee-based feature). All fee-based feature prices and conditions of purchase are listed on each fee-based feature page describing the subscriptions and cart. User agrees to pay the price for the fee-based feature indicated in the pricing schedule set forth on these pages. At the time of account creation or purchase, User needs to provide accurate information regarding account, including a valid debit/credit card, and User must certify that he/she legally able to enter into a valid and binding agreement with Company. Payment of fee-based feature is made by bank transfer.
If User has purchased a subscription online, his/her debit/credit card indicated in the registration process (or on Account page) will be fully charged upon sign up. User agrees that he/she will pay the full price for the whole time upfront. Subscriptions renew automatically until canceled by the User. If the renewal charge fails, the subscription will expire. The company may provide an opportunity to purchase a non-renewable subscription.
Subscription may begin with a free trial period (“Free Trial Period”). User may cancel subscription at any time during and before the end of the Free Trial Period. Upon cancellation of subscription prior to the end of the Free Trial Period, will be refunded for the full amount pre-authorized and/or debited from Users valid payment card. In the absence of a cancellation actioned by User, the subscription fee will automatically apply. Company reserves the right to modify the prices and charges at any time. For subscriptions, which are automatically renewed, such changes will become effective with next billing cycle. For non-renewable subscriptions, such changes will only apply to new subscription terms. User may terminate any subscription under this Agreement. The effective date of such termination will be the end of the current billing period. User shall not be entitled to any refund as a result of the termination of subscription to any fee-based feature under this Agreement.
User is responsible for paying all applicable sales, use, transfer, value-added, or other taxes and all duties, whether international, national, state, or local, however designated, which result from the purchase of fee-based feature.
General Usage and Storing Provisions
Company may impose restrictions on the use of Mobile app and Website for all Users or certain categories of Users (depending on the User’s location, language of the service, etc.) including: availability/unavailability of certain service functions, period of storing messages and any other content, maximum number of messages that can be sent or received by one registered user, maximum size of an electronic message, maximum number of service uses in a certain period, maximum period of content storage, special parameters of downloadable content, etc. Company may prohibit automatic requests to its servers as well as terminate acceptance of any automatically generated information (for instance, electronic spam).
Company has the right to send information messages to the users. The User agrees to receive advertising messages. The User hereby authorizes Company to notify other Users about new publications being posted by the User, as well as about the User’s actions and other activities performed by the User in the Mobile app and Website. Company may collect opinions and feedback of Users on various matters sending an info message. Collected opinions and feedback can be used to form statistics, which can be used in Mobile app and Website.
The User shall be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of third parties and/or encroaches on other intangible assets.
The User acknowledges and agrees that Company is not under obligation to review any content posted and/or distributed by the User through Mobile app and Website and that Company has the right (but shall not be obliged to) at its discretion to prohibit the User from posting and/or distributing content or may remove any content available through Mobile app and Website. The User acknowledges and agrees that the User shall independently assess any risks related to using content including its reliability, validity or usefulness.
The User acknowledges and agrees that technologies of Mobile app and Website operation may require reproduction (replication) of User content by Company as well as its processing by Company for compliance with technical requirements of Mobile app and Website.
Terms of Mobile app and Website Use
The User shall be responsible to third parties for any actions related to the use of Mobile app and Website including any actions resulting in violation of rights and legitimate interests of third parties as well as compliance with laws upon using the Mobile app and Website.
Upon using Mobile app and Website, the User shall not:
- modify, decompile, disassemble, decrypt or perform other actions with the object code of the Mobile app in order to gather information on the algorithms implemented in the Mobile app, or create derivative works with the use of the Mobile app, as well as otherwise use (or authorize a third party to use) the Mobile app, any components of the Mobile app, the maps stored by the Mobile app in the User’s mobile device, or other images or other data without a written permission.
- run or distribute the Mobile app for commercial purposes (including for a fee), including as part of a collection of software products without a written permission.
- download, send, transmit or in any other way post and/or distribute any content that is illegal, harmful, slanderous, unethical or violates intellectual property rights, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any persons and/or organizations;
- violate third party rights including underage people and/or cause harm in any way;
- download, send, transmit or otherwise post and/or distribute content if not authorized to do so by law or contract;
- download, send, transmit or otherwise post and/or distribute unauthorized advertising information, spam;
- download, send, transmit or otherwise post and/or distribute any materials containing viruses or other malicious software;
- collect and store personal information of other persons without proper authorization;
- otherwise violate national legislation, international law.
Exclusive Rights to services and Content
Any objects available through Mobile app and Website including design elements, text, graphics, illustrations, video, software, databases, music, soundtracks and other objects as well as any content posted at Mobile app and Website are exclusive property of Company, Users and other persons. Any content may be used only within functions offered by a particular Mobile app and Website. No elements of Mobile app and Website and service content may be used in any other way without the Company’s prior consent.
No Guarantees, Limitation of Liability
The User uses Mobile app and Website at his own risk. Mobile app and Website are provided as is. Company accepts not responsibility including for compliance of services with the User's goals;
Company does not guarantee that Mobile app and Website comply/will comply with User's requirements; that Mobile app and Website will be provided without interruptions, promptly, sustainably and without errors; that results received with the use of services are accurate and reliable and may be used for any purposes or in any capacity (for instance, for identification and/or verification of any facts);
Any information and/or materials (including downloadable software, messages, any instructions and guidelines, etc.) which the User accesses through Mobile app and Website may be used by the User at his own risk and the User shall be responsible for any potential consequences of the use of such information and/or materials including any damage to the User or third parties;
Company shall not be liable for any losses resulting from the User using Mobile app and Website or separate parts/ functions Mobile app and Website;
Under any circumstances, Company’s liability is limited to $100 (one hundred us dollars) and shall be imposed in case of guilty actions.
This Agreement is an agreement between the User and Company regarding the procedure of using Mobile app and Website and shall replace all previous agreements between User and Company.
This Agreement shall be regulated and interpreted according to laws of the Cyprus. Any issues not regulated hereby shall be settled according to Cyprus law. Any disputes arising out of relations regulated by this Agreement shall be settled as prescribed by applicable Cyprus laws according to Cyprus legal standards. In any part of this Agreement, unless otherwise stated, the term “law” shall mean laws of the Cyprus as well as laws of the country of the User’s location.
Nothing in this Agreement shall be interpreted as agency, partnership, mutual activities, employment or any other relations not directly stated in this Agreement.
Failure to comply with any condition or condition of this Agreement as a result of uncontrolled conditions, including but not limited to wars, strikes, floods, government restrictions, power outages, and damage or destruction of any network facilities or services should not be considered a violation of this Agreement. If for any reasons one or several provisions of this Agreement are declared invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions hereof.
Failure by Company to act in case of violation by the User or any other users of the provisions of this Agreement shall not deprive Company of the right to take action to protect its interests in the future and shall not be interpreted as waiver by Company of its rights in case of any future similar or identical violations.
This Agreement is made in the English language and in certain cases may be provided to the User for review in a different language. In case of any differences between the English text of this Agreement and the text of this Agreement in any other language, the English text shall prevail.
This agreement and the license granted therein are valid for an unlimited period of time while the Company provides support for the Mobile app and the Website. The Company has the right to terminate this agreement at any time by notifying Users by posting relevant information on the Website.
For correct operation of the Mobile Application and the Website, the Company recommends the use of equipment that meets the following characteristics android 6+, ios 8+.