User Agreement – Terms of Service

These Terms of Service (“Terms”) govern the use of services provided by Datalastic (Digital Lake s.r.o.) (hereinafter may be referred to as “Datalastic,” “we,” “our,” or “us”). By registering, subscribing, or otherwise using our APIs, databases, or related services (collectively, the “Services”) provided through our website at www.datalastic.com (the “Website”), you confirm that you have read, understood, and agreed to this User Agreement.

1. Description of the Services

1.1. Datalastic offers access to maritime and related datasets through APIs and other data delivery channels:

– Access to the API service requires creating a subscription through our Website. After successful payment, an API key will be sent to the email address provided during registration. This key will remain active for the duration of your active subscription.

– Datalastic also offers one-time standalone databases on the Website, which you can access for an indefinite period upon successful purchase, unless otherwise stated on the Website.

1.2. We may update, modify, replace, suspend, or discontinue any part of the Services at any time. Such changes do not affect the validity of these Terms.

1. 3. Datalastic may modify, replace, or discontinue API endpoints, response fields, functionality, or data sources. Where reasonably practicable, Datalastic will provide advance notice of material breaking changes.

1. 4. From time to time, Datalastic may make beta, preview, or experimental features available. Such features are provided “as is”, may change or be discontinued at any time, and are excluded from any availability or support commitments.

2. License

Datalastic grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely in accordance with these Terms and your subscription plan. No ownership rights are transferred.

3. Pricing and Billing

3.1. All pricing and features of our subscription plans are listed on our Website and may change at our discretion. You will be notified in advance of any increase to your active subscription pricing.

3.2. Monthly subscriptions renew automatically every thirty (30) days until canceled. Annual subscriptions renew automatically every twelve (12) months until canceled.
A monthly subscription may be canceled:

(a) through the dashboard before the next monthly renewal payment is processed; or
(b) by submitting a cancellation request by email at least seven (7) calendar days before the next monthly renewal date.

An annual subscription may be canceled:

(a) through the dashboard before the next annual renewal payment is processed; or
(b) by submitting a cancellation request by email at least seven (7) calendar days before the next annual renewal date.

For annual subscriptions only, cancellation means that the subscription will not renew at the end of the current paid annual term. Cancellation does not terminate the current paid annual subscription, and access to the Services will remain available until the end of that term, except where an early cancellation and partial refund is requested under Clause 6.3 or where the subscription is suspended or terminated due to a breach of these Terms.
A cancellation request submitted by email less than seven (7) calendar days before the applicable renewal date may not be processed before the renewal payment. If an annual renewal payment has already been processed, any refund request will be governed by Clause 6.5.

3.3. Trial periods or promotional pricing may apply where specified. After the trial, standard rates apply unless canceled beforehand.

3.4. Creating multiple accounts for the purpose of abusing the trial discount advantages, which applies once per user, is prohibited.

3.5. Payments are processed through third-party providers; Datalastic does not store or manage sensitive payment data.

3.6. Prices are shown exclusive of taxes or duties, which may apply depending on your jurisdiction.

3.7. All payments are final and non-refundable except where expressly stated in Section 6 or where otherwise required by applicable law. Failure to cancel or downgrade your subscription in accordance with Clause 3.2 will result in renewal and billing. Except for the limited refund rights expressly stated in Section 6, your payment obligation for the renewed subscription term continues even where the Services are not actively used or are not used at all.

3.8. You accept and agree that the Services start immediately upon delivery of your API key to the email address associated with your account and therefore, by activating your subscription, you expressly acknowledge and agree that your right of withdrawal under EU law is waived for immediate access to digital content.

3.9. Datalastic may introduce or modify reasonable rate limits, abuse prevention mechanisms, concurrency limits, or other technical restrictions necessary to protect the stability, security, or integrity of the Services.

4. Data Disclaimer

4.1. While Datalastic strives to provide accurate, complete, and up-to-date maritime data, the Services are provided “as-is” and “as-available” without warranties, and we do not guarantee the completeness, accuracy, reliability, or timeliness of the information, nor that it will be free from errors, delays, or omissions. Certain information is obtained from third-party sources. Datalastic does not warrant the completeness, legality, availability, or continued availability of such data.

4.2. The Services are provided for informational purposes only and do not constitute navigational, legal, insurance, regulatory, safety, or professional advice. Users remain solely responsible for any operational decisions made using the Services.

5. Security and Access

5.1. Your API key is for your exclusive use. You must take all reasonable steps to prevent unauthorized use, distribution, or disclosure of the data. You are fully responsible for safeguarding your login credentials and for all activities conducted under your account.

5.2. You remain responsible for all actions taken with your API key, including those by third parties. You must promptly notify Datalastic of any suspected unauthorized access or security incident involving your account.

5.3 If you suspect unauthorized access, please notify us immediately at support@datalastic.com.

6. Refund Policy

6.1. If you are not satisfied with the Services, you may request a refund within three (3) calendar days starting from your last monthly payment. In any case of a refund, taxes will not be refunded.

6.2. Refunds can be requested solely for your most recent monthly payment. Earlier payments or requests covering several months are not eligible.

6.3. You may request early cancellation of an initial annual subscription within thirty (30) calendar days after the date on which the initial annual payment was processed.
An early cancellation and partial refund request must be submitted by email within this thirty-day period.
If the request is accepted, Datalastic will retain an amount equal to two-twelfths (2/12) of the annual subscription fee and refund the remaining ten-twelfths (10/12) of the annual subscription fee.
Access to the Services will remain available until the end of the two-month minimum subscription period, unless the subscription is suspended or terminated due to a breach of these Terms.

6.4. An initial annual subscription is not eligible for a refund or credit after the thirty-day period stated in Clause 6.3. Cancellation after this period will prevent the annual subscription from renewing at the end of the current paid annual term. The subscription will remain active until the end of that term. No refund or credit will be provided for any unused portion of the current annual term.

6.5. Following the automatic renewal of an annual subscription, you may request a refund of the annual renewal payment within seven (7) calendar days after the date on which the renewal payment was processed. The refund request must be submitted by email within this seven-day period. A refund will be available only if you demonstrate that the Services have not been used since the annual renewal and the absence of such use is confirmed by Datalastic’s records. Use of the Services includes any successful API request, database or report download, data export, or other retrieval of paid data through your account or API key, whether performed by you or by another person or automated system using your account or API key. Accessing your account solely to review billing information, cancel the subscription, or submit a refund request will not by itself constitute use of the Services. If any use of the Services is recorded after the annual renewal payment was processed, the renewal payment will be non-refundable.

6.6. Clauses 6.3 to 6.5 apply exclusively to annual subscriptions and recurring annual add-ons.
They do not apply to monthly subscriptions. Refunds for monthly subscriptions are governed exclusively by Clauses 6.1 and 6.2.
Clauses 6.3 to 6.5 also do not apply to standalone databases, custom reports, custom data deliveries, custom development, setup fees, or other one-time purchases, unless otherwise agreed in writing by Datalastic or required by applicable law.

7. Service Reliability and Uptime

7.1. We aim to provide a reliable and stable Service but do not guarantee any minimum uptime, availability, response time, or service level unless separately agreed in writing.

7.2. Rarely, unplanned technical issues or emergency maintenance may result in temporary and short-term downtime.

8. Permitted and Prohibited Uses

When using the Service, you may:

• Use it solely for lawful purposes;
• Display, store, copy, and use the data internally or as part of your own products or services;
• Use Datalastic data to create analyses, reports, visualizations, dashboards, alerts, business intelligence, and other value-added products or services, provided that such products do not expose, redistribute, permit extraction of the underlying Datalastic data, or function as a substitute for the Services.

You may not:

• Resell, sublicense, rent, lease, publish, distribute, or otherwise redistribute the Services, the API, or any data provided by Datalastic, except as expressly permitted under these Terms;
• Expose, display, or make available the raw data, API responses, or any substantial portion of the data in its original (“as-is”) form to any third party or through any public-facing application;
• Build, operate, support, or enable any competing maritime data service, API, database, platform, or other product whose primary purpose is to redistribute, provide access to, or substantially replicate Datalastic data or the Services;
• Permit any third party to access the Services using your account or API credentials, or otherwise expose or share your API credentials;
• Reverse engineer, decompile, or otherwise attempt to derive the source code of the APIs;
• Bypass or attempt to bypass any usage limits, rate limits, authentication, security measures, or other technical restrictions implemented by Datalastic;
• Copy, modify, adapt, create derivative databases from, or otherwise commercially exploit the data, except as expressly permitted by these Terms;
• Share access with any third parties without written consent of Datalastic;
  
• Use the Services in any manner that interferes with, disrupts, degrades, or compromises the stability, security, integrity, or performance of the Services or the systems of Datalastic or its providers;
• Use the Services to distribute malware, conduct unlawful activities, infringe the rights of others, or otherwise cause harm to Datalastic, its customers, or any third party.
  

Prohibited Military Use: 

• You may not use, or permit others to use, the Services or any data obtained from the Services for any military, defense, or weapons-related purpose. This includes, without limitation, use in connection with the development, operation, or deployment of weapons systems, military intelligence or surveillance, combat operations, or any other activity directly or indirectly supporting armed forces or defense contractors.
• You acknowledge and agree that Datalastic provides its Services exclusively for civilian and commercial purposes. Any use of the Services or the data for military purposes is strictly prohibited.

Any failure to comply with the above constitutes a material breach of this Agreement and may result in immediate termination of access to the Services without notice, refund, or liability.

9. Intellectual Property Rights

9.1. All intellectual property rights in the Service, including but not limited to APIs, trademarks, software, databases, and content, remain the exclusive property of Datalastic and its licensors.

9.2. Your use of the Services does not constitute a transfer of ownership or grant you any intellectual property rights in the data, APIs, software, databases, the Datalastic brand, Website or related materials.

9.3. Any feedback, ideas, suggestions, enhancement requests, or recommendations you provide regarding the Services may be used by Datalastic without restriction or compensation.

10. Limitation of Liability

10.1. To the extent permitted by law, Datalastic or its affiliates, suppliers, directors or employees will not be responsible for indirect, incidental, or consequential damages, including loss of business opportunities or profits.

10.2. Our total aggregate liability to you will not exceed the subscription fees paid by you in the three (3) subscription periods giving rise to the claim or the total amount paid for the standalone database.

11. Indemnification

You agree to indemnify and defend Datalastic, its employees, officers, and affiliates from any claims, damages, or liabilities arising from:

• Your misuse or breach of the Services;
• Claims related to your end-products made by your clients, end-users, or third parties who relied on redistributed or altered data from our Services.

12. Suspension and Termination

12.1. We reserve the right to suspend or terminate your access without notice or any obligation if you materially breach these Terms, abuse the Services, compromise their security or stability, or where reasonably necessary to protect the Services or other customers.

12.2. In the event of termination, all rights granted to you under these Terms will cease immediately. 

12.3. Subscription fees are not refunded in cases of termination for material breach.

12.4. Upon termination for any reason, you must cease using the Services and, except where retention is required by applicable law, delete all stored copies of the data.

12.5. All provisions regarding payment obligations, license restrictions, disclaimers, liability limits, and intellectual property shall survive termination.

12.6. When a monthly API subscription is canceled by you, access to the API will end immediately. No refund will be provided for any unused portion of the monthly subscription period except as expressly stated in Clauses 6.1 and 6.2.
For annual subscriptions only, cancellation means that the subscription will not renew at the end of the current paid annual term. Access to the Services will remain available until the end of that term.
Where an early cancellation and partial refund is granted under Clause 6.3, access to the Services will remain available until the end of the two-month minimum subscription period.
If we suspend or terminate a monthly or annual subscription due to a breach of these Terms, access to the Services may end immediately. No refund will be provided for any unused portion of the subscription period where the subscription is suspended or terminated due to a breach of these Terms.

13. Insurance

13.1. Datalastic does not provide or promise any insurance, including but not limited to insurance for damages arising from the use of the Services or cybersecurity incidents.

13.2. Any insurance obligations related to your use of the Services are solely your responsibility. You are fully responsible for obtaining and maintaining any insurance you deem necessary.

14. Changes to the Service or Terms

14.1. We may update the Services or the Terms from time to time.

14.2. Any revised Terms will take effect upon publication on our website. By continuing to use the Service, you accept the updated Terms. If you do not agree to the revised Terms, you must stop using the Services.

15. Force Majeure

Datalastic is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, strikes, or third-party service interruptions.

16. Governing Law and Jurisdiction

16.1. These Terms are governed by and interpreted in accordance with the laws of the Czech Republic.

16.2. Parties agree to attempt to resolve disputes amicably before initiating legal proceedings.

16.3. Any disputes arising from these Terms or the use of the Services will be subject to the exclusive jurisdiction of the courts of the Czech Republic.

16.4. These Terms, together with the Privacy Policy, Refund Policy, and any documents expressly incorporated by reference, constitute the entire agreement between you and Datalastic regarding the Services and supersede all prior or contemporaneous agreements, communications, representations, and understandings relating to the Services.

17. Miscellaneous

17.1. You agree to comply with all local laws when using the Services.

17.2. You may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under these Terms without Datalastic’s prior written consent. Datalastic may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of assets without your consent.

17.3. Failure or delay by Datalastic in exercising any right or enforcing any provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and shall apply only to the specific instance for which it is given.

17.4. By using the Services, you consent to the collection, storage, and processing of personal data as described in our Privacy Policy.

17.5. Except where cancellation through the dashboard is expressly permitted under Clause 3.2, all notices, legal notices, cancellation requests, and refund requests under these Terms must be submitted by email to support@datalastic.com

17.6. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

For any questions, please contact us at support@datalastic.com