User Agreement
User Agreement
User Agreement
This User Agreement (this "Agreement") binds the Registered Users of our Service ("Users"), whether on a free or a paid ("Premium") plan, and applies to our websites (MarineDataCloud.com, TheBoatApp.com and TheBoatDB.com), mobile apps, API and any other service that may be provided in future under the MarineDataCloud, TheBoatApp or TheBoatDB brands (together, the "Service"). The following terms govern access to and use of the Service, including the Information and Data made available to Users by us, and the data, content and files that Users submit to the Service. The Service is provided by 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", "we", "us" or "our") and, where the context requires, its affiliates.
Subject of the Agreement
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.
User Content
You retain ownership of the data, content and files you submit to the Service ("User Content"). You grant us a non-exclusive, worldwide licence to host, store, process and display User Content solely to operate, secure and improve the Service and to share it with other users where you choose to. The data for each boat falls into two categories. Master-boat data are the generic factory and design specifications and photographs shared by a boat maker for a specific model ("Master-boat"); they are public, cannot identify your vessel and are publicly viewable, as described in the Terms of Service. User-boat data are the personalised data that identify and describe your own vessel, such as hull serial number, acquisition details and price ("User-boat"); they are personal to you, are not shared with other users unless you choose to share them, and are deleted when you delete your account. You confirm you have the right to submit your User Content. Where you submit Master-boat specifications or photographs for the public boats database, you also grant us a non-exclusive, worldwide, sub-licensable licence to make them available to the public and, through the API, to licensed API users under 'API Data and Business Use', for as long as they remain in the public boats database. When you delete your account, we will delete your User Content in accordance with our Privacy Policy, except where we must keep it by law. Master-boat specifications and photographs that have been published to the public boats database may remain available there.
Public checklists. Checklists that you choose to make public are visible to all users and may be copied by them. Because of this, a public checklist, and any copies made of it by other users, will remain available after you delete your account; if you have deleted your account, your public checklists may remain with your name anonymised. Please do not include personal, confidential or third-party information in a public checklist. Checklists that you keep private are User Content and are deleted with your account.
Information and Data for Internal use only
In this Agreement, "Information and Data" (or "Data") means the information, data and materials made available through the Service, including boat specifications, photos and API output. The User shall use the Information and Data for their own internal use only. Except as otherwise set forth herein, the User shall have no other rights with respect to the Data, including, without limitation, any right otherwise to use, distribute, furnish or resell the Data or any portion or derivative thereof. The User may not use the Data for any illegal purpose or in any manner inconsistent with this Agreement. Except as expressly permitted pursuant to this Agreement, the User may not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, or in any other way create a misimpression or confusion among users with respect to sponsorship or affiliation or exploit in any way material from the Data. In this section, "internal use" means use by you within your own organisation. It does not include Business Use of the API Data, which is governed by 'API Data and Business Use' below, and nothing in this section limits that licence.
Personal use only; business use. All our plans other than the Enterprise plan are licensed for personal, non-commercial use only. Unless you hold a plan that expressly permits business use, you may not use the Service or the Data for a business or professional activity, such as operating a management company, service yard, charter fleet or marina, or managing vessels for third parties. Only our Enterprise plan is licensed for business use, as shown on our Pricing page, save that Business Use of the API Data is licensed as set out under 'API Data and Business Use' below. If we reasonably believe that you are using another plan for business use, we may require you to move to the Enterprise plan or may suspend or delete your account under 'Cancellation for breach'. API access on a plan other than the Enterprise plan is not a general business-use licence: it allows only the use of the API Data described under 'API Data and Business Use' below, in your own application or in a Client Application. It does not allow you to use the Service itself, such as the logbook, inventory or maintenance features, for third parties or for a business.
API Data and Business Use
API Data. In this section, "API Data" means the Data made available through our application programming interface (the "API"), including boat data (specifications, descriptions, designers, classifications and reference prices), boat photos, maker data, maker logos and, as and when we make them available through the API, boat documents, brochures and manuals. Business Use of the API Data is available only with an active subscription to a plan that our Pricing page shows as including API access (a free trial is not an active subscription for this purpose; see 'Free trial' below). With such a subscription, and subject to this Agreement, we grant you a limited, non-exclusive, non-transferable and revocable licence to use the API Data for Business Use for as long as your subscription remains active. The licence is granted to the subscribing organisation. You may use the API Data to build, run and maintain an application for your own clients (a "Client Application"), provided that you keep the subscription and the API keys, your clients receive no rights in the API Data beyond viewing it in the Client Application, and neither they nor anyone else may use the API Data for any other purpose or pass it on. You remain responsible for the Client Application and for your clients' use of the API Data through it.
Business Use. "Business Use" means using the API Data within your own web or mobile application, or within a Client Application, to serve its users. Processing API Data in such an application without displaying it, for example to recognise or match a model name, is also Business Use. Any other use of the API Data, including any use outside your application, is not Business Use. Your calls to the API must be made from your own server: you must not place an API key in a browser or mobile application, or in any public code.
Your own data. Using API Data only to identify or select a record, without displaying or reproducing it, does not make your own data, or any result that you compute from your own data, a derivative of the API Data. This does not apply to results that contain or reproduce API Data.
Names. Under any plan that includes API access, you may display model and manufacturer names from the API Data live to your users, for example as autocomplete suggestions while they type. You may not pre-load, publish or export the full list of names, which would be reproducing a substantial part of the catalogue under restriction (b) below.
Attribution. Wherever you display API Data in your application, you must make an attribution to TheBoatDB as the data source, displaying an appropriate wording to the end-users (e.g. “Data by TheBoatDB”, “TheBoatDB data”), in a clear and reasonably prominent place, and you must not remove or obscure any attribution or notice that we include in the API Data. Where API Data appears in several places on one page or screen, one attribution on that page or screen is enough.
Data quality. API Data is provided as is. Reference prices are indicative only and are not a valuation, an offer or advice, and measurements are shown in the units the manufacturer published. We do not guarantee that API Data is accurate, complete or free of third-party rights, and you use it at your own risk.
Restrictions. You may not:
(a) resell, sublicense, rent or otherwise make available the API Data, including photographs, documents and manuals, or your API keys, to any third party, other than by displaying the API Data to the users of your application or of a Client Application;
(b) reproduce the entire catalogue, or any substantial part of it, as a standalone product, database, dataset or feed, or in any other way;
(c) copy, download in bulk, mirror or re-host photographs, logos, documents, manuals or other files, other than by displaying them within your web or mobile application or a Client Application to serve your users, which you may do by linking to the URLs we provide or by caching the files for that display only;
(d) systematically download, scrape, mirror or store the API Data beyond what is reasonably needed to operate your application or a Client Application, it being understood that you may cache API Data only to serve the users of your application or of a Client Application and that cached API Data must not be exported, shared or assembled into a dataset;
(e) build a wrapper, proxy or public API, or any other service, that relays API Data to third parties;
(f) use the API Data to train, fine-tune or evaluate any artificial-intelligence or machine-learning model, or publish it for that purpose, or use it to build or train a competing database or service; or
(g) create or use additional accounts, subscriptions or free trials to obtain extra quota or to avoid a suspension.
Rate limits, quotas and API keys. You must use the API only within the rate limits and quotas that apply to your plan, as published in our API documentation. The monthly quota belongs to your subscription and is shared by all of your API keys: you may use separate keys for separate integrations, but you must not use multiple accounts, subscriptions or keys to obtain extra capacity, and you must not circumvent, share or pool the limits. Test keys are covered by this section and must not be used in production or to serve end-users. Higher quotas are available only under a written agreement with us, which then takes precedence. You must keep your API keys confidential and you are responsible for all use made with them, including any key that you expose. Acting reasonably and, where practicable, after notice, we may throttle, suspend or revoke your access to the API where your use exceeds these limits or breaches this section. On reasonable request you must tell us how you use the API Data, and, to the extent permitted by law, you are liable for losses that we suffer through your breach of this section.
Exceeding your quota. The quota that applies to your plan is shown in our API documentation. When it is used up, further requests are refused until it renews. In that case, or if your use regularly reaches the quota, we may (a) offer you additional quota at a price that we notify to you in advance, which we will not charge without your prior agreement, and/or (b) require you to upgrade to the Enterprise plan, or to another plan or written agreement suited to your use, as a condition of continuing to use the API.
Changes to the API. We may change, add to or withdraw parts of the API. We will give notice of breaking changes as described in the Versioning page of our API documentation, except where we must act without notice to protect security or to prevent exposure of data.
When your subscription ends. Your licence continues while we retry a failed payment. When your paid billing period ends after you cancel, payment retries are exhausted, or your plan is downgraded to one that does not include Business Use, your licence under this section ends and you must stop displaying the API Data and, within 30 days, delete any API Data that you have stored or cached and, if we ask, confirm this to us in writing, except where you must keep it by law. If API keys are later restored because you re-subscribe, this section applies to them in the same way. Your own data, and results computed from it, are not affected.
Duration of the Agreement
The Service provided on a Premium plan or API access has the duration referred to in that plan (the "subscription period" or "billing cycle"). Unless stated otherwise at purchase, a Premium plan renews automatically for the same period at the then-current price until you cancel, using the payment details you provided when you subscribed. You can change them in your account’s Settings. We will remind you before renewal. You can cancel at any time in your account’s Settings.
Changing or cancelling your plan
Changing your plan. You may upgrade or downgrade your plan at any time. An upgrade takes effect immediately, and the remaining days of your existing paid plan are credited pro rata towards the new plan. A downgrade takes effect at the end of your current billing cycle.
Cancelling your subscription. If you cancel your subscription, your account is downgraded to the Free plan at the end of your current billing cycle, with your data intact, subject to the Plan Limits of the Free plan. You remain liable for the fees for the entire billing cycle in which you cancel, and the unused part of that cycle is not refunded, subject to the 'Refunds' section.
Deleting your account. If you delete your account, it will be permanently deleted and all your personal data will be irrevocably removed from our database, subject to the 'User Content' section. If you wish to export any of your data for your own records or transfer any data to other users, you should do so before deleting your account. If you wish to use the Service again in the future, you will need to create a new account and enter or import your data again.
Payments
If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree that payments are processed by our third-party payment provider. We do not store your full card number; the payment provider handles it under its own terms and privacy policy. We accept the major payment cards supported by our payment provider. All plans are paid in one payment at the start of each subscription period. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes. If a payment is overdue, we may charge interest at the rate permitted by law and recover our reasonable, documented costs of collecting it. Prices are shown excluding VAT, which is added at checkout where applicable (Marine Data Cloud Ltd VAT no. GB331451241). Your obligation to pay fees continues until the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services in your account’s Settings. You also acknowledge that the Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
Plan limits and changes, Free trial and Free plan
Plan limits and changes. Each plan includes the features and quotas shown on our Pricing page (the "Plan Limits"). When you reach a quota, you will be notified, and you may be unable to add more items or to use the respective feature, partially or in full. If you downgrade, you keep access to your data, subject to the Plan Limits of your new plan: features and quotas above those limits are deactivated, not deleted, and are reactivated if you upgrade. You will need to remove files so that your stored data are within the storage quota of your new plan. We may change the features and quotas of any plan, including the Free plan. If a change is materially adverse to you, or increases the price of a paid plan, we will give you an early notice by email or through the Service. A price increase applies only from your next renewal, and you may cancel before it takes effect. If a change to your paid plan is materially adverse to you, you may cancel before it takes effect, and it will not apply to the subscription period that you have already paid for. A change that we must make to comply with the law, or that is needed to protect the security of the Service, may take effect sooner. API rate limits and quotas are set out in our API documentation and form part of the Plan Limits.
Unlimited features and fair use. Where our Pricing page describes a feature or quota as "unlimited" (for example, the number of records such as logbook entries, trips, inventory items, tasks, checklists and alerts), this means that we set no fixed quota for normal use of that feature within the licence of your plan (personal use or, on the Enterprise plan, business use). Unlimited features are subject to fair use: you must not create, import or generate records at a volume or rate that is materially beyond what is reasonable for the management of the boats on your account under the licence of your plan, or that places a disproportionate load on the Service or degrades it for other users. If we reasonably believe your use exceeds fair use, we will contact you first where reasonably possible, and we may limit the rate at which records can be created, ask you to reduce your usage or to move to a plan suited to it, or, where the use is abusive or automated in breach of these Terms, act under 'Cancellation for breach'. Before deleting any records you created in good faith, we will give you a reasonable opportunity to export them, unless the law requires otherwise.
Free trial. A free trial of a paid plan is initiated upon account registration and requires no payment card. When it ends, your account reverts to the Free plan with your data intact, subject to the Plan Limits of the Free plan. If you subscribe to a paid plan during your trial, the paid subscription starts when the trial ends, so you lose no trial days. During a free trial, the API may be used with test keys only, for evaluation and development: the API Data may not be used in production, in a Client Application that serves real users, or otherwise for Business Use until a paid subscription that includes API access has started.
Free plan. The Free plan requires no payment card and has no expiry date.
Service availability
You acknowledge that a variety of our actions, such as maintenance, updates or changes to the Service, may impair or prevent you from accessing your User Content or using the Service at certain times and/or in the same way, for limited periods or permanently. We are not liable for interruptions, modifications or loss of access that are outside our reasonable control or that we notify in advance, to the extent the law allows. Nothing in this Agreement excludes liability that cannot be excluded by law, nor your rights under mandatory consumer law. However, if you subscribe to a Premium Service and find that any such modification or interruption adversely affects you, you may notify us, explain the adverse impact and, if you wish, request the termination of your Premium Service. Upon receipt of any such request, we will endeavour to remedy the adverse impact promptly or extend your Premium Service subscription by the length of the interruption.
Refunds
We operate a no-refund policy. Every new account starts with a free trial during which all features are available, so that you can evaluate the Service and decide whether it meets your needs before you subscribe to a paid plan. For this reason, all payments are final and we do not refund any fees, in full or in part, including for any unused part of a subscription period when you downgrade, cancel your subscription or delete your account. Nothing in this section affects your statutory rights under mandatory consumer law.
Account cancellation and restricted areas
Cancellation by you. You may cancel your subscription or delete your account at any time in your account’s Settings, with the effects set out in 'Changing or cancelling your plan'. In such case, no refund or compensation of any kind shall be due to the User, except as set out in the 'Refunds' section.
Restrictions imposed by authorities. By accepting this Agreement, you acknowledge that some of the information and data available through the Service may be significant to national or international authorities responsible for navigation, or to the sovereign rights of a state or of an organisation that protects such rights. We reserve the right to cancel, suspend, reduce or restrict access to one or more accounts, features or geographical areas where this is required by, or reasonably necessary to comply with, a prohibition or restriction imposed by such an authority or by applicable law. Where the law allows, we will inform you as soon as reasonably practicable, but we may act without prior notice where notice is not permitted or would be impracticable. In such cases, no refund or compensation of any kind shall be due to the User.
Cancellation for breach. We may suspend or delete an account without notice where we reasonably believe it has been used in breach of this Agreement or the law. Otherwise, we will give reasonable notice by email.
Nothing in this section limits your rights under mandatory consumer law.
One account per user
We reserve the right to refuse the creation of duplicate accounts for the same user. If we detect duplicate accounts, we may delete or merge them. We will notify you by email beforehand where reasonably possible and will keep your User Content, merging it into your main account. You must not duplicate content across multiple accounts or post multiple duplicate updates on one account.
Copyright
The Service and the Data are owned by or licensed to Marine Data Cloud and are protected by copyright, trademark, database rights and other intellectual property laws of the United Kingdom, the European Union, the United States and other countries. The User agrees to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Data. Unauthorised use of the Data and the materials contained in the Data may violate applicable copyright, trademark or other intellectual property laws or other laws and shall be a breach of this Agreement. See also "Trademarks and Intellectual Property Rights" in our Terms of Service.
Limitation of liability
Nothing in the Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law, nor your rights under mandatory consumer law.
Subject to the previous paragraph, (a) we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, business, goodwill or anticipated savings, or for loss or corruption of data that we could not reasonably have prevented; and (b) our total liability to you arising out of or in connection with the Service and the Terms, whether in contract, tort (including negligence) or otherwise, is limited to the fees that you paid us for the Service in the 12 months before the event giving rise to the claim.
Information only; not for navigation. The Service and the Data, including boat specifications, positions, maps, weather, checklists, alerts and reminders, are provided for information and record-keeping only. They are not a navigational aid and are not a substitute for official charts and notices to mariners, proper seamanship, the manufacturer's manuals and instructions, or the advice of a qualified surveyor, engineer or other professional. You are solely responsible for the safe navigation and operation of your vessel and for checking any information before you rely on it. Alerts and reminders are an aid only and may be delayed or may fail to arrive. To the extent the law allows, we do not warrant that the Service or the Data are accurate, complete, uninterrupted or error-free. Answers produced by an AI feature, including the in-app AI chat and any assistant that you connect, may be inaccurate or incomplete and are not professional advice; please check them before you rely on them.
Business users. If you use the Service or the API Data for business use, you will indemnify us against claims, losses and reasonable costs brought by a third party, including your clients, that arise from your use of the API Data in breach of this Agreement or from your Client Application, except to the extent that they are caused by our breach of the Terms.
General terms
These general terms apply to all of the Terms.
Entire agreement. The Terms are the entire agreement between you and us about the Service and replace any earlier understanding about it. Nothing in this paragraph excludes liability for fraud or fraudulent misrepresentation.
Severability. If a court or authority finds any provision of the Terms unlawful or unenforceable, the rest of the Terms remain in effect, and we will replace that provision with a valid one that comes closest to its intention.
No waiver. If we delay or fail to enforce a right, we do not waive it.
Assignment. You may not transfer your rights or obligations under the Terms without our written consent. We may transfer ours to a company that takes over the Service, provided that your rights are not reduced as a result.
Third-party rights. Under the Contracts (Rights of Third Parties) Act 1999, no one other than you and us may enforce the Terms. In particular, the clients of a developer who provides a Client Application receive no rights under the Terms.
Events outside our control. We are not liable for a failure or delay caused by an event outside our reasonable control, such as a power, network or hosting failure, a failure of a telecommunications or other third-party provider, a cyber-attack, a natural disaster, war, strike or government action.
Survival. Provisions of the Terms that by their nature are meant to continue after they end, including those on intellectual property, deletion of API Data, liability and governing law, continue to apply.
Notices. We may give you notice by email to the address on your account or through the Service. You may give us notice using the contact details at the end of this Agreement.
Governing Law, Disputes and Changes
This Agreement is 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. We may update this Agreement 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 Agreement.
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