Terms of Service

Terms of Service

Terms of Service

By using TheBoatApp.com and/or TheBoatDB.com website, our mobile applications, API, premium services, or other information provided as part of the TheBoatApp/TheBoatDB services (collectively "TheBoatApp/TheBoatDB " or the "Service"), you are entering into a legally binding agreement with Marine Data Cloud, London, United Kingdom, based on the terms below, the TheBoatApp/TheBoatDB Privacy Policy and the TheBoatApp/TheBoatDB User Agreement (collectively referred to as the "Terms") and become a TheBoatApp/TheBoatDB user ("User").

If you do not agree to these Terms, you do not have the right to access or use our Service. If you do use our Service, your use shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

Introduction

TheBoatApp/TheBoatDB provides seamless experience and unified access of users’ boating data. More specifically, provides data management of logbook, inventory, maintenance, documents, checklists, tasks, alerts, reports, etc; along with technical boat data and metrics, ratios and boats comparisons. In short, a single marine data repository, providing consolidated data management, fully catalogued, organized and backed-up, accessible from anywhere on any device, online as well as offline.

Use of Services - Registration

Registered users of TheBoatApp/TheBoatDB are able to use certain extra Services and can access extra Data and/or functionalities, according to their Subscription.

During registration you will be asked to provide your name, surname and e-mail address, as well as selecting a username to be displayed to all users.

For the purposes of this contract, persons who subscribe to the Website and use the Services are considered as adults and able to act legally. Your registration is a valid declaration of intent. Any service provided to registered Users is ruled from the User Agreement of the website along with these present Terms of Service

Protection of Confidential Information

Upon finishing the registration process, you will receive a confirmation e-mail at the e-mail address you provided.

Each user is personally and solely responsible for all actions and transactions made through his account. You are responsible for maintaining the confidentiality of your password and you should ensure that you exit properly from your account at the end of each session.

In case you notice any unauthorized use of your account or any other (real or potential) breach of security, you have to immediately notify TheBoatApp/TheBoatDB administrators. Marine Data Cloud is under no circumstances liable for any loss or damages arising from your failure to comply with this term. Marine Data Cloud maintains the right to delete an account, if violation of any of these Terms is proved.

If you wish to deactivate your account, please follow the instructions in the 'My Account' section.

Personal Data

Marine Data Cloud keeps a File of Personal Data of its registered users, which is handled as described in our Privacy Policy. The purposes of this collection and handling is also described in our Privacy Policy. By accepting these Terms of Use and Privacy Policy you also allow Marine Data Cloud to process your Personal Data.

Trademarks and Intellectual Property Rights

TheBoatApp/TheBoatDB, as a work of Intellectual Property is protected by English and European Law for the protection of Intellectual Property Rights.

Marine Data Cloud (“Provider”) and his partners maintain or legally possess the exclusive Intellectual Property Rights upon design, source code and the whole content of TheBoatApp/TheBoatDB (including pictures, graphics, photos, designs, texts, articles, scientific presentations and the services provided by the TheBoatApp/TheBoatDB), except where explicitly stated otherwise (e.g. photographs uploaded by third parties). Violation by any means of these rights will draw the subsequent penalties and liability defined by the applicable law. Indicatively, and non-exclusively, copying, modifying, publishing, distributing by any means of TheBoatApp/TheBoatDB content without prior written permit of the Provider is prohibited. Furthermore copying, modifying, decompiling or by any means unauthorized use of the TheBoatApp/TheBoatDB software is prohibited.

TheBoatApp/TheBoatDB trademark and all trademarks appearing on TheBoatApp/TheBoatDB are property of the Provider and/or third parties, companies/ respective owners and are protected by English and European trademark laws, as well as by international treaties and conventions. Use of these trademarks is by all means prohibited.

While using the Service, you may also upload your photographs and/or enter your boat(s) specifications on TheBoatApp/TheBoatDB. These pictures and/or specifications are presented freely to the public, as additional informational content of TheBoatApp/TheBoatDB. In most cases you should only post your own photos. Do not post photos or images from any other source unless you have an explicit permission by the copyright holder. By posting photos, you declare that you are the owner of the photo or you have legally acquired the exclusive right to it. TheBoatApp/TheBoatDB administrators will not be liable for the uploading of pictures without the permission of their creator. In the event that copyright holders require the images to be deleted from TheBoatApp/TheBoatDB system, such requests must be made in writing to TheBoatApp/TheBoatDB, by submitting a request here. Upon receipt of such advice, the administrators of TheBoatApp/TheBoatDB will delete the images as soon as possible. It is strictly forbidden to copy any material from this site and use it elsewhere, unless the copyright holder gives its explicit permission.

Marine Data Cloud reserves the right to provide access to photos to third parties through the website. The third party does not acquire any right to the photographs and can only display them on-the-fly by using a web link of a photo stored on TheBoatApp/TheBoatDB.

NMEA Gateway and Data Collection and Transmission (IoT)

Installation of a compatible NMEA Gateway and all relevant equipment and accessories is performed by the user at who is fully responsible of this. Similarly, by such installation and further connectivity to TheBoatApp/TheBoatDB the user consents to the data collection and transmission to the servers of TheBoatApp/TheBoatDB. 

Users are free to stop sending this data whenever they wish.Users who provide this information recognize and accept Marine Data Cloud’s right to process and use the data in any appropriate way, apart from presenting them on TheBoatApp/TheBoatDB, including but not limited to storage, statistical or other analysis, data exchange with other sources, etc.

In some cases Marine Data Cloud may provide you with the necessary equipment, so that you install a compatible NMEA Gateway and send data to TheBoatApp/TheBoatDB. In that case you will be asked to sign an agreement with certain additional conditions and/or consent to the relevant Service Subscription.

Affiliate Marketing (Referrals)

Signing up to Marine Data Cloud’s Fellowship Programme for Affiliates (Referral Marketing) is also ruled by the here below terms:

  • Self-referrals are not allowed (i.e. signing up for TheBoatApp/TheBoatDB through your own affiliate link)
  • Abuse, gaming, or attempting to mislead (i.e. posting fake discounts to coupon-sharing websites) will result in your account being permanently banned
  • Not allowed search engine ads (especially on branded terms or domain names), Facebook ads or other ads that would compete with our own marketing and cause potential confusion for customers
  • Not allowed Facebook or other ads that link to our website or anything similar that would compete with our own paid marketing and drive up our costs and potentially cause confusion
  • Not allowed pretending to be acting on behalf of us (i.e. as an employee)

Marine Data Cloud reserves the right to change the Terms of Service of its Affiliate Programme at any time. Likewise, to terminate your affiliate account for violation of any of the rules at its sole discretion. Commissions generated by mechanisms that are in violation of the hereby Terms of Service will neither be paid nor owed.

Users Obligations

In the event of breach of any of these Terms, TheBoatApp/TheBoatDB administrators maintain the right, according to their judgment, either to remove the illegal or offensive content or to immediately delete the account of the user who misuses the Services or to restrict the user’s access to some of TheBoatApp/TheBoatDB services.

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