User Agreement – Terms of Service

This User Agreement covers the Terms of Datalastic and refers to and binds Registered Users (hereafter referred to as User) of our API Services and Databases or any other Service, Data and Information that may be provided in the future through Datalastic or the datalastic website datalastic.com of a Premium API Services, Database purchases or Free plans, for subscriptions and one-time purchases. The following Terms govern the usage of the Service, Data and Information provided to the Users by Datalastic and its affiliates.

Subject of the Agreement

The Website and any API services provided by Datalastic providing information about current geographical positions of ships as well as other related information, whenever available, such as ships’ details, their destination, estimated time of arrival, photographs, port traffic statistics, weather conditions, points of interest, etc.
Information and Data for Internal use only The User shall use the Information and Data for his/her 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 sublicense 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.

Duration of the Agreement

The Service provided through Datalastic on an API Services or Databases has the duration or credit referred to in that plan (the subscription period) or purchase according to the choice of the of credit details, User.

Payments

If you purchase any API Services or Databases that we offer for a fee, either on a one-time or subscription basis, you agree to Datalastic and third-party processing partners storing your payment card information. You also agree to pay the applicable fees for the API Services or Databases (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium API Services or Databases following the instructions in your account section or by contacting us through email on support@datalastic.com. You also acknowledge that Datalastic’s API Services or Databases are subject to this Agreement and any additional terms related to the provision of the API Services or Databases.

Refunds

You acknowledge that a variety of Datalastic actions may impair or prevent you from accessing your Content or using the API Services or Databases at certain times and/or in the same way, for limited periods or permanently, and agree that Datalastic has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the API Services or Databases. However, if you are a subscriber for Datalastic Premium API Services or Databases and find that any such modifications or interruption of the Premium API Services or Databases adversely affects you, you may notify us on support@datalastic.com, explain the adverse impact the modification has created and, if you desire, request a termination of your Premium API Services or Databases. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, by extending the duration of your Premium API Services subscription or Databases for a period of time equal to the interruption and/or by refunding a portion of your Premium API Services or Databases subscription or payment fee equal to the remaining unused term of the Premium API Services subscription or Databases purchase, as we determine appropriate.

Account cancellation

By accepting this Agreement, the User acknowledges that the information and data that he gets access to, may be of significance to national or international authorities related to navigation or with respect to sovereignty rights of one state or organization that protects such rights. Datalastic preserves the right to cancel, reduce and/or inactivate, without previous notice, one or more accounts or geographical areas, that may fall into the scope of a national or international authorities’ prohibition or restriction of access to that information and data. In such cases, no refund or compensation of any kind shall be born in favour of the User.

Copyright

The Data may be protected by copyright, trademark, international treaties and other proprietary rights and laws of 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 sublicense agreement.

Unauthorised use

Datalastic is not liable for any unauthorised use of the Data. The User shall remain liable for all confidential or proprietary information disclosed by The User or its affiliates as a result of any unauthorised use of the Data. Datalastic may, without notice, choose to block User’s access to the Data and Services if Datalastic has reason to believe that Data or Services are being used by an unauthorised person, in any manner inconsistent with the Terms or for other reasons deemed appropriate by Datalastic in its sole discretion.

Modifications of Service

The User acknowledges and agrees that nothing in this agreement constitutes an undertaking by Datalastic to provide the Information, Data or Services in its present form or under any specifications. Datalastic, in its sole and absolute discretion may from time to time make additions to, deletions from, modifications to, or change the format and features of the Data, Services or Information provided on the website or through other methods of contact.

The User also acknowledges that Datalastic may be obliged to alter, modify or reduce the extent of Service provided through Datalastic.com, due to the implementation of constitutional, international or private restrictions on marine trafficking systems, data or agreements. If such restriction applies to the Service in a way that may affect or impair the Premium API Services or Databases, Datalastic shall bear no responsibility and shall not be obliged to full or partial refund of any fee to the User.

No Warranties

To the fullest extent permitted by applicable law, none of Datalastic or any of its affiliates, their members, directors, officers, employees, agents, and contractors has made or shall be deemed to have made any representations or warranties whatsoever with respect to the Information, Data and Services provided. The Services, Data and Information provided by Datalastic, or any of its affiliates, their members, directors, officers, employees, agents, and contractors is provided on an “as is” basis, and Datalastic expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title and non-infringement. Datalastic does not warrant that the service will be uninterrupted or error-free, that defects will be corrected. Datalastic does not warrant or represent the use of the data in terms of its correctness, accuracy, reliability, or otherwise.

Reliance upon AIS Data

The User acknowledges and agrees that the AIS Data provided by Datalastic may be inaccurate or incomplete and are subject to error, delay or change. Reliance upon or use of such AIS Data shall be at User’s risk.

Damages

The User acknowledges that in no event shall Datalastic or its affiliates be liable to it for any direct, special, incidental, indirect, punitive, consequential damages or any other damages of any kind (including, but not limited to, lost profits and damages that may result from the use of the Services or Data, any delay or interruption of service, or omissions or inaccuracies in the information) even if Datalastic or any other party have been advised of the possibility thereof.

Liability

Datalastic or its affiliates will not be liable or responsible in negligence or otherwise to any person not a party to this agreement for (i) any information, data or advice expressly or impliedly given by Datalastic or (ii) any act, omission or inaccuracy by Datalastic. Nothing in this sublicense agreement will be construed to create rights in favor of any person not a party to this sublicense agreement other than Datalastic which shall be an intended third party beneficiary of this sublicense agreement.

The User shall, at its expense, indemnify, defend, and hold Datalastic and its affiliates harmless from and against any and all claims, losses, liabilities, damages, actions, proceedings, costs, and expenses (including without limitation reasonable attorneys fees) arising out of or relating to the use of the Data by the User or its breach of this Agreement.

Breach of Agreement

The User acknowledges that any breach of this Agreement may cause irreparable harm to Datalastic and/or Company for which monetary damages may not be sufficient, and the User agrees that Datalastic and/or Company will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief, and such further relief as may be proper from a court of competent jurisdiction.

Force Majeure

If Datalastic is prevented or delayed in the performance of any of its API Services or Databases under this Agreement by force majeure, then Datalastic shall be excused from the performance or the punctual performance, as the case may be, as from the date of such force majeure occurs, for so long as such cause of prevention or delay shall continue. For the purpose of this Agreement, “force majeure” shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Datalastic. Excuse from performance does not extend the duration of the provided API Services or Databases to the User.

Applicable Law / Competent Courts

The present Agreement, as well as any modification or alteration on them are subject to European Law. All the above-mentioned terms are considered as essential. Should any of the terms become against the law, it becomes inactive and is removed from the present text without affecting in any way the validity of the other terms.

If any dispute or difference arises out of or in connection with this Agreement, it shall be resolved by the courts of Czech Republic (Czechia), which shall have exclusive jurisdiction.

Any notices to Datalastic must be sent to:
Email: support@datalastic.com