Terms of Service
Terms of Service
Terms of Service
By using MarineDataCloud.com and/or TheBoatApp.com and/or TheBoatDB.com websites, our mobile applications, API, premium services, or other information provided as part of the MarineDataCloud/TheBoatApp/TheBoatDB services (the "Service"), you are entering into a legally binding agreement with Marine Data Cloud Ltd, a company registered in England and Wales under company number 11835484 and VAT registration number GB331451241, whose registered office is at 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London, United Kingdom ("Marine Data Cloud", "MarineDataCloud", "we", "us" or "our"), based on the terms below, our Privacy Policy and our User Agreement (collectively referred to as the "Terms") and become a MarineDataCloud/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
We provide a seamless experience and unified access to users’ boating data. More specifically, we provide data management of logbook, inventory, maintenance, documents, checklists, tasks, alerts, reports, etc., along with technical boat data and metrics, ratios and boat comparisons. In short, the Service is a single marine data repository, providing consolidated data management, fully catalogued, organised and backed-up, accessible from anywhere on any device, online as well as offline.
Use of Services - Registration
Registered users of the Service are able to use certain extra Services and can access extra Data and/or functionalities, according to their plan.
During registration you will be asked to provide your name, surname, email address, and a strong password.
For the purposes of this contract, persons who register for the Service and use it are considered to be adults with full legal capacity. Your registration is a valid declaration of intent. Any service provided to registered Users is governed by the User Agreement together with these Terms of Service.
Protection of Confidential Information
Upon finishing the registration process, you will receive a confirmation email at the email address you provided.
Each user is personally and solely responsible for all actions and transactions made through their 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.
If you notice any unauthorised use of your account or any other (real or potential) breach of security, you must notify us immediately. Marine Data Cloud is not liable for any loss or damage arising from your failure to comply with this term, to the extent the law allows. Marine Data Cloud may suspend or delete an account in the circumstances described under 'Cancellation for breach' in the User Agreement.
If you wish to delete your account, you may do so in your account’s Settings; the effects of deleting your account are set out under 'Deleting your account' in the User Agreement.
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 are also described in our Privacy Policy. The Privacy Policy also explains the lawful bases on which Marine Data Cloud processes your Personal Data and your rights in relation to it.
Trademarks and Intellectual Property Rights
The Service, as a work of Intellectual Property, is protected by the intellectual property laws of the United Kingdom, the European Union, the United States and other countries.
Marine Data Cloud ("Provider") and its partners maintain or legally possess the exclusive Intellectual Property Rights upon design, source code and the whole content of the Service (including pictures, graphics, photos, designs, texts, articles, scientific presentations and the services provided by us), 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 the content of the Service without the prior written permission of the Provider is prohibited. Furthermore, copying, modifying, decompiling or by any means unauthorised use of our software is prohibited.
Our trademarks and all trademarks appearing on the Service are the property of the Provider and/or third parties, companies or respective owners and are protected by the trademark laws of the United Kingdom, the European Union, the United States and other countries, as well as by international treaties and conventions. Use of these trademarks without the prior written permission of their owner is prohibited.
While using the Service, you may also upload your photographs and/or enter your boat(s) specifications on the Service. These pictures and the generic specifications of the model of your boat ("Master-boat") are publicly viewable on the Service as additional informational content and, as described below, may be made available through the API; your personalised boat ("User-boat") data are private, accessible only by you and not shared with other users unless you choose to share them (see 'User Content' in the User Agreement). In most cases you should only post your own photos. Do not post photos or images from any other source unless you have explicit permission from 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. We 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 our system, such requests must be made in writing to us, by submitting a request here or using the 'Contact Us' information found below. Upon receipt of such a request, we will delete the images as soon as possible. Except as these Terms expressly allow, including under 'API Data and Business Use' in the User Agreement, 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 display them only on-the-fly by using a web link of a photo stored on the Service or, for API Data, as permitted under 'API Data and Business Use' in the User Agreement (which also allows caching for display only). API Data (as defined in the User Agreement) may be used only as set out under 'API Data and Business Use' in the User Agreement.
NMEA Gateway, Telematic devices and Data Collection and Transmission (IoT)
Installation of a compatible NMEA Gateway or other telematic device and all relevant equipment and accessories is performed by the user, who is fully responsible for this. Similarly, by such installation and further connectivity to the Service the user consents to the data collection and transmission to the servers of Marine Data Cloud.
Users are free to stop sending this data whenever they wish. Users who provide this information recognise and accept Marine Data Cloud’s right to process and use the data, in addition to presenting it on the Service, for storage, statistical or other analysis and data exchange with other sources, in accordance with our Privacy Policy.
In some cases Marine Data Cloud may provide you with the necessary equipment, so that you install a compatible NMEA Gateway or other telematic device and send data to the Service. In that case you will be asked to sign an agreement with certain additional conditions and/or consent to the relevant subscription.
Affiliate Marketing (Referrals)
Signing up to Marine Data Cloud’s Fellowship Programme for Affiliates (Referral Marketing) is also governed by the terms below:
- Self-referrals are not allowed (i.e. signing up for the Service through your own affiliate link)
- Abuse, gaming, or attempting to mislead (e.g. posting fake discounts to coupon-sharing websites) will result in your account being permanently banned
- No 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
- No 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
- No pretending to act on our behalf (e.g. as an employee)
Marine Data Cloud reserves the right to change the Terms of Service of its Affiliate Programme at any time, and 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 these Terms of Service will neither be paid nor owed.
Users' Obligations
In the event of breach of any of these Terms, we maintain the right, acting reasonably, either to remove the illegal or offensive content or to suspend or delete the account of the user who misuses the Services or to restrict the user’s access to some of our services.
Comments. Where the Service allows you to post comments, reviews, ratings or other public content ("Comments"), you must keep them lawful and respectful. Profanity, hostile, abusive, harassing, discriminatory, defamatory or threatening language, spam, and content that infringes the rights of others are not allowed. We may delete any Comment that breaches this section, and may suspend or ban the account of a User who posts such Comments, with or without notice, acting reasonably and in line with 'Cancellation for breach' in the User Agreement. Nothing in this section limits your rights under mandatory consumer law.
Automated use. You must not use bots, scripts, crawlers, scrapers or other automated means to access the Service, to create or import records or to extract Data, except through the import tools and API that we provide and within their documented limits. You must not use the Service in a way that is designed to, or does, overload or disrupt it, or circumvent any Plan Limits, rate limits or security measures. We may block automated traffic and apply rate limits to protect the Service and its users. This section does not apply to an AI assistant that you have authorised, through our MCP connector, to read/write your own account data on your request, within the limits of that connector. You are responsible for the instructions that you give to such an assistant and for the actions that it takes through the connector.
Paid Services
Any purchase of a paid plan or other paid service is governed by the User Agreement together with these Terms of Service.
Liability
Our liability, and the limits of the information that we provide, are set out under 'Limitation of liability' in the User Agreement.
Order of Precedence
The Terms consist of these Terms of Service, the User Agreement and the Privacy Policy. Terms defined in one of them have the same meaning in the others unless stated otherwise. If there is a conflict between them, the User Agreement prevails on plans, subscriptions, payments, refunds, cancellation, liability and use of the API and API Data; the Privacy Policy prevails on the processing of personal data; and these Terms of Service prevail in all other cases.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes) are governed by the laws of England and Wales, and the courts of London, England, have exclusive jurisdiction, subject to any mandatory consumer rights you have in your country of residence.
Changes to these Terms
We may update these Terms of Service from time to time and will notify registered users of material changes by email or through the Service before they take effect, unless a change is required by law or is needed to protect the security of the Service, in which case it may take effect as soon as we notify it. Continuing to use the Service after that date means you accept the updated Terms of Service.
Contact Us
Marine Data Cloud Ltd, registered in England and Wales, company number 11835484, VAT registration number GB331451241. General enquiries and legal notices, as well as support and copyright-removal requests can be communicated via:
- Registered office: 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London, United Kingdom
- E-mail: [email protected]
- Web: Support.MarineDataCloud.com