Terms of Services

User Agreement

This User Agreement refers to and binds Registered Users of our Service, in particular of a free or a paid plan as well as of API Service or any other Service that may be provided in the future through Sinay Service. The following Terms govern the usage of the Information and Data provided to the Users by Sinay and its affiliates.

Subject of the Agreement

The website and services provide information about ships, containers and ports such as current and past geographical position, details, past and future event details, estimated environmental impact, etc.

Information and Data for Internal use only

Sinay grants to Customer a non-exclusive, non-transferable, non-sublicensable, revocable license to (i) access and view the Data; and (i) create Derivative Works.

The licence granted by Sinay shall be (i) for the duration of the Term; and (ii) otherwise subject to the terms of this Agreement.

Customer may only use the Data (i) for Internal Use; (ii) for use in Customer Applications.

If Customer wishes to Distribute the Data to its end-customers, it must enter into an additional agreement with Sinay to cover such Distribution (“Distribution License”).

Customer shall not (i) allow any of its Affiliates to use the Data unless permitted in the Agreement; (ii) Distribute the Data save as expressly allowed by a Distribution License; (iii) use the Data in connection with building a competitive service to the Data; (iv) remove or alter any notice or any notice of Sinay’s Intellectual Property Rights included as part of the Data; (v) disassemble, translate, reverse engineer or otherwise decompile the Data including any source code, underlying ideas, algorithms, file formats or non-public APIs, except to the extent expressly permitted by applicable law (and then only upon advance notice to Sinay); (vi) directly or indirectly impair or dispute the ownership of any part of the Data; or (vii) encourage or assist any third party to do any of the foregoing.

If the data is used in Customer Applications, Customer may only use the Data for that Permitted External Use if (i) the Data is combined with other data, products and services and such Permitted External Use does not simply involve Distributing the Data, a part of the Data or data substantially similar to the Data or any subset of the Data.

Duration of the Agreement

The Service provided through Sinay on a Product plan or API Service 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.

Fees

Through our Website you may also enjoy certain extra Services and access extra Data by purchasing any of our paid services, either on a one-time or subscription basis, according to your Plan specifications.

Your obligation to pay fees for Services continues through the end of the subscription period during which you cancel your subscription.

You acknowledge that we reserve the right to amend the fees of the services at any time, however, any such amendment will not apply prior to the expiration of your subscription. In case of renewal of your subscription we will provide you written notice at least thirty days prior to the effective date of such amendment. If you object to the amendment, you may not renew your subscription.

You also acknowledge that Sinay’s Services are subject to this Agreement and any additional terms related to the provision of each Service.

Payments

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Services”), you agree to Sinay and third-party processing partners storing your payment card information. You also agree to pay the applicable fees for the Services (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.

Refunds

You acknowledge that a variety of Sinay actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Sinay 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 Service. However, if you are a subscriber for Sinay Service and find that any such modifications or interruption of the Premium Service adversely affects you, you may notify us, explain the adverse impact the modification has created and, if you desire, request a termination of your Service. 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 Service subscription for a period of time equal to the interruption and/or by refunding a portion of your Service subscription fee equal to the remaining unused term of the Service subscription, 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. Sinay 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.

One account per user

We reserve the right to refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected; we reserve the right to close or merge these duplicate Accounts without notification. You must not duplicate content over multiple accounts or multiple duplicate updates on one account. No signing in on more than one device is allowed at the same time with one account. Each user is allowed to sign in to his/her account on one (1) device/browser at a time.

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. 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

Sinay is not 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. Sinay may, without notice, choose to block User’s access to the Data and Services if Sinay 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 Sinay in its sole discretion.

Modifications of Service

The User acknowledges and agrees that nothing in this agreement constitutes an undertaking by Sinay to provide the Information, Data or Services in its present form or under any specifications. Sinay, 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 Information, Data or Services.

The User also acknowledges that Sinay may be obliged to alter, modify or reduce the extend of Service provided, 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 plans of Sinay, Sinay 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 Sinay 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 Sinay, or any of its affiliates, their members, directors, officers, employees, agents, and contractors is provided on an “as is” basis, and Sinay expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title and non-infringement. Sinay does not warrant that the service will be uninterrupted or error-free, that defects will be corrected. Sinay 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 Sinay 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 Sinay 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 Sinay or any other party have been advised of the possibility thereof.

Liability

Sinay 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 Sinay or (ii) any act, omission or inaccuracy by Sinay. 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 Sinay which shall be an intended third party beneficiary of this sublicense agreement.

The User shall, at its expense, indemnify, defend, and hold Sinay 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 Sinay and/or Company for which monetary damages may not be sufficient, and the User agrees that Sinay 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 Sinay is prevented or delayed in the performance of any of its services under this Agreement by force majeure, then Sinay 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 Sinay. Excuse from performance does not extend the duration of the provided Services to the User.

Compliance

You must ensure that, in all your interactions with Sinay, you shall comply with all applicable anticorruption laws and you shall not engage in any conduct that would cause Sinay to violate any laws.

By entering into this Agreement, you warrant that you are not listed, either directly or indirectly as a sanctioned entity or individual in any sanctions list such as, but not only, those lists of the EU, UN, OFAC. Sinay may, at its own discretion, suspend or terminate this Agreement with immediate effect in case it has the information or suspicion that you or any affiliated entity or other individual or entity of your interest are included in a sanctions list.

Applicable Law / Competent Courts

The present Agreement, as well as any modification or alteration on them are subject to French 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 Caen, France, which shall have exclusive jurisdiction.