User Agreement – Terms of Service
- The Subject of the Agreement
This User Agreement (hereinafter may be referred to as “Agreement”) covers the Terms and Conditions of use of services provided by Digital Lake s.r.o. (hereinafter may be referred to as “Datalastic”, “us”, “we” or “our”) and binds Registered Users (hereafter referred to as “User”, “you” or “your”) 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 of “www.datalastic.com” (hereinafter may be referred to as “Website”) of Premium API Services, Database purchases or Free plans provided through subscriptions and one-time purchases.
- Description of the Services
Datalastic, through the Website as well as any API services and one-time purchases, provides 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, and more (hereinafter may be referred to as “Services” collectively).
Access to the data and information provided by APIs are granted to the User for as long as the API subscription associated with the User is active within the scope of this Agreement, whereas for one-time-purchases, the User shall have access to the purchased information and data permanently and indefinitely unless otherwise stated in the Agreement.
- User Information
3.1. The User agrees and accepts that all information and contact details he/she provides during registration are correct and up-to-date. Datalastic shall not be liable for any damages the User may suffer as a result of providing incorrect, incomplete or outdated contact information. In case of changes to your information, you may always send us a request for the update of the information via email to firstname.lastname@example.org.
3.2. Users that are physical persons must be of legal age to form a binding contract in order to register to and use the Services.
3.3. The User agrees that Datalastic may send him/her certain communications in connection with their use of the services.
- Terms of Usage and License
4.1. Subject to your compliance with the Terms of this Agreement, Datalastic grants you a non-exclusive, non-transferable right to access and use the Services. Any sort of information and data acquired by being a Registered User of Datalastic is for internal use only. The User shall use such information and data for his/her use only and shall not share his/her API access information or purchased databases without the explicit consent of Datalastic.
4.2. 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 to third parties or any portion or derivative thereof.
4.3. The User agrees and accepts that he/she shall not create an API or similar data receiving and processing tools by which the data of Datalastic is in any way transferred to third parties in an “as is” manner, mirror these on any other server, display the data “as is” publicly, reverse engineer or extract source code of the services provided by Datalastic as well as the Website or attempt such restricted actions. In case of successful or unsuccessful attempts of such restricted actions, the User accepts and agrees to immediately compensate all damages Datalastic may suffer because of such attempt.
4.4. The User, shall not under any circumstances claim ownership of the data and information he/she acquires by using Datalastic services.
4.5. The User may not use the Data for any illegal purpose or to promote such illegal activities, violate the rights of third parties, 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.
Datalastic has the right to immediately terminate services without notice to such Users in case Datalastic is informed of such illegal activities or activities that violate the rights of Datalastic or third parties.
- Duration of the Agreement
5.1. Datalastic grants access to Users to data through Premium API services which renew for every 30-day period automatically, unless canceled. The duration of the User Agreement between Datalastic and the User shall be deemed renewed for each monthly term unless the services are canceled and shall stay in force until the monthly term in which the cancellation took place ends.
5.2. Terms of this Agreement that by their nature are intended to continue will continue to stay in force, including but not limited to Articles in regards to the payment of the services, reimbursement of damages, licensing rights, and restrictions.
- Payments and Account Cancellation
6.1. 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.
6.2. 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 at email@example.com.
6.3. You agree and accept that API services renew periodically every 30 days and your obligation to pay for the renewed monthly terms stays even in cases you do not use the API services actively or at all.
6.4. You have the obligation to provide a valid credit card with a sufficient balance at all times in order for your Premium API subscription to duly continue. In case of a failed transaction for the Premium API services, Datalastic will attempt to charge your credit card in 3 days, 5 days, and 7 days upon each unsuccessful payment and will notify you about each unsuccessful payment via email.
In case the final attempt is unsuccessful as well, Datalastic has the right to terminate your Premium API subscription without any further notice.
6.5 If there is a special trial price offered for the service, you agree that you can take and use only 1 trial, after which the service is automatically renewed to a full price for the service. You must pay the full price as indicated in the pricing table upon your signup unless your subscription is canceled prior the renewal.
- Prices and Refunds
7.1. The prices of Premium API services and databases are as seen on the Website. In case of any doubt or unclarity regarding the prices, please contact us via email to ensure.
7.2. The User may request to receive a full refund for the amount of the last successful payment of the amount he/she paid for the Premium API services within 3 days upon successfully registering for the first time and after the renewal date for each monthly term.
7.3. All prices stated on the Website exclude any applicable tax.
7.4. Datalastic holds the right to change the prices for the Services from time to time and will notify the Users of such price changes by email or through information posted on the Website.
Price changes will take effect starting from the next monthly API subscription period following the notification of such change. Should you continue using the Services after the price change takes effect, you shall be deemed to have accepted the price change. Should you disagree with the price change, you may terminate the Services before the price change goes into effect. Therefore, Datalastic encourages the Users to carefully read any notifications regarding price changes.
- 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 favor of the User.
The Data may be protected by copyright, trademark, international treaties, and other proprietary rights and laws of 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. Unauthorized 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.
- Unauthorized Use
10.1. Datalastic shall not be held liable for any unauthorized 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 unauthorized use of the Data. Datalastic may, without notice, choose to block the User’s access to the Data and Services if Datalastic has reason to believe that Data or Services are being used by an unauthorized person, in any manner inconsistent with the Terms or for other reasons deemed appropriate by Datalastic in its sole discretion.
10.2. Users are personally and solely responsible for all actions and transactions made through their accounts. The User agrees and accepts that he/she shall be responsible for maintaining the confidentiality of his/her password and shall ensure properly exit from his/her account at the end of each session. The User further agrees to notify Datalastic immediately should he/she suspect of any unauthorized use or access to their account.
10.3. Content accessible through our Database and APIs may sometimes be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the Database and API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
- Modifications to the Services
12.1. 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 without the consent or the notice of the User.
12.2. 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 a full or partial refund of any fee to the User, or compensate any damages or losses the User may suffer as a result of such restrictions.
- 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, and/or that such 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 (Automatic Identification System) Data
14.1. 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 the User’s risk.
14.2. Datalastic shall not be liable for any damages and losses under any name the Users suffer as a result of the data and information provided by Datalastic to be inaccurate, incomplete, or subject to error, delay or change. Users irrevocably understand, agree, and accept that Datalastic does not offer any sort of guarantee in terms of data accuracy and completeness.
The User acknowledges that in no event shall Datalastic or its affiliates be liable to the User or the affiliates, members, directors, officers, employees, agents, contractors, and end-users of the User 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.
16.1. Datalastic or its affiliates will not be liable or responsible in negligence or otherwise to third parties 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.
16.2. The User agrees and accepts that Datalastic may monitor the usage of the services by the User for the purpose of ensuring and improving the quality of the services, and to verify its Users’ compliance with the terms. In case Datalastic has a reasonable belief that you are in violation of the terms and conditions, Datalastic has the right to immediately terminate services without notice.
16.3. 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 attorney fees) arising out of or relating to the use of the Data by the User or its breach of this Agreement.
16.4. Datalastic, and the suppliers, distributors, or affiliates of Datalastic shall not be responsible for the loss of profit, revenues, or data; financial losses; or any indirect, special, consequential, exemplary, or punitive damages under any name.
16.5. The total liability of Datalastic and the suppliers, distributors, or affiliates of Datalastic shall be limited to the total amount the User has already paid Datalastic for the services; (i) for one-time purchases, the price of the purchase subject to the damages, (ii) for Premium API services, the total sum of subscription periods giving rise to the liability.
16.6. In case the User is registered to use the services provided by Datalastic on behalf of an entity, the User agrees and accepts that he/she duly represents the entity and warrants that he/she has the right to bind the entity to the present Agreement. In case a User registers on behalf of an entity without such representation rights, he/she shall be responsible for any damages the entity that he/she supposedly represents or third parties suffer.
- Breach of Agreement
The User acknowledges that any breach of this Agreement may cause irreparable harm to Datalastic and the User agrees that Datalastic 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 the partial or whole performance does not extend the duration of the provided API Services or Databases to the User.
This Agreement is non-exclusive on behalf of Datalastic, meaning that the User agrees and accepts that Datalastic may, at its own discretion, develop products and services that may compete with the Users and non-users of Datalastic.
- Other Terms
20.1. This Agreement, all amendments to be made to the Agreement shall be in the English language. In case of discrepancies between this Agreement and the translated version of it into another language, the English version shall prevail.
20.2. Agreeing to this Agreement shall not create any beneficiary rights except stated in this Agreement or constitute any sort of agency, partnership, or joint venture relation between the User and Datalastic. For the avoidance of doubt, the User shall not make any statement that suggests a partnership with, sponsorship by, or endorsement by Datalastic without Datalastic’s prior written approval.
20.3. In case Datalastic does not take action right away regarding a breach of this Agreement by the User, this shall not be interpreted as the surrender of such rights of Datalastic.
20.4. This Agreement shall supersede any written or oral agreement made between Datalastic and the User previously regarding the Services as explained in this Agreement.
- Applicable Law and Competent Courts
21.1. The present Agreement, as well as any modification or alteration on them, are subject to European Law. All the above-mentioned terms are considered 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.
21.2. Datalastic encourages and is in favor of amicably solving any disagreements between the Users and Datalastic and agrees to show its best efforts to find a mutually agreed solution in an out-of-court manner. In case of a disagreement with the terms and conditions of this Agreement or the Services overall, we kindly encourage you to get in touch with us and explain the situation for a mutually agreed solution to be created as soon as possible.
However, if any further dispute or difference arises out of or in connection with this Agreement, it shall be resolved by the courts of the Czech Republic (Czechia), which shall have exclusive jurisdiction.
Any notices to Datalastic must be made via email to the following email address: