1. The Subject of the Agreement

This User Agreement (hereinafter referred to as "Agreement") outlines the Terms and Conditions for the use of services provided by Data Docked OÜ (hereinafter referred to as "Data Docked", "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 Data Docked or the Data Docked website at "www.datadocked.com" (hereinafter referred to as "Website") for Premium API Services, Database purchases, or Free plans provided through subscriptions and one-time purchases.

2. Description of the Services

Data Docked, through the Website as well as any API services and one-time purchases, provides information about current geographical positions of ships and 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 referred to as "Services" collectively).

Access to the data and information provided by APIs is granted to the User for as long as the API subscription associated with the User is active within the scope of this Agreement. For one-time purchases, the User shall have access to the purchased information and data permanently and indefinitely, unless otherwise stated in the Agreement.

3. User Information

3.1. The User agrees and accepts that all information and contact details provided during registration are correct and up-to-date. Data Docked shall not be liable for any damages the User may suffer as a result of providing incorrect, incomplete, or outdated contact information.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 send us a request to update your information via email at support@datadocked.com.

3.2. Users who are individuals must be of legal age to form a binding contract in order to register and use the Services.

3.3. The User agrees that Data Docked may send certain communications to them in connection with their use of the Services.

4. Terms of Usage and License

4.1. Subject to compliance with the Terms of this Agreement, Data Docked grants the User a non-exclusive, non-transferable right to access and use the Services. Any information and data acquired by being a Registered User of Data Docked is for internal use only. The User shall use such information and data solely for their own purposes and shall not share their API access information or purchased databases without the explicit consent of Data Docked.

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 to use, distribute, furnish, or resell the Data to third parties or any portion or derivative thereof.

4.3. The User agrees not to create an API or similar data-receiving and processing tools through which Data Docked data is transferred to third parties in an "as is" manner, mirrored on any other server, displayed publicly, reverse-engineered, or from which the source code of the services provided by Data Docked, the Website, or the Data itself is extracted. In the event of successful or attempted restricted actions, the User agrees to immediately compensate all damages Data Docked may suffer as a result of such actions.

4.4. The User shall not claim ownership of the data and information they acquire by using Data Docked services.

4.5. The User may not use the Data for any illegal purpose or to promote such activities, violate the rights of third parties, or engage in any activity inconsistent with this Agreement. Except as expressly permitted by 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 otherwise exploit material from the Data.

Data Docked reserves the right to terminate services immediately, without notice, in the case that it becomes aware of illegal activities or activities that violate the rights of Data Docked or third parties.

5. Duration of the Agreement

5.1. Data Docked grants access to Users for Premium API services that automatically renew every 30-day period unless canceled. The duration of the User Agreement between Data Docked and the User shall be renewed for each monthly term unless the services are canceled and shall remain 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 remain in effect, including, but not limited to, articles regarding payment for services, reimbursement of damages, licensing rights, and restrictions.

6. Payments and Account Cancellation

6.1. If the User purchases any API Services or Databases offered by Data Docked for a fee, either on a one-time or subscription basis, they agree to Data Docked and third-party processing partners storing their payment card information. The User agrees to pay 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 Data Docked for any collection costs and interest on overdue amounts.

6.2. The User's obligation to pay fees continues through the end of the subscription period during which the User cancels their subscription. The User may cancel their Premium API Services or Databases by following the instructions in their account section or by contacting Data Docked at support@datadocked.com.

6.3. The User agrees and accepts that API services renew every 30 days and their obligation to pay for the renewed monthly terms remains even if the API services are not used actively.

6.4. The User must provide a valid credit card with sufficient balance at all times for their Premium API subscription to continue. In case of a failed transaction for Premium API services, Data Docked will attempt to charge the User's credit card on the 3rd, 5th, and 7th days after each unsuccessful payment attempt and will notify the User via email. If the final attempt fails, Data Docked has the right to terminate the Premium API subscription without further notice.

6.5. If a special trial price is offered for the service, the User agrees to only take and use one trial. After the trial, the service will automatically renew to the full price for the service. The User must pay the full price as indicated in the pricing table upon signup unless the subscription is canceled before the renewal.

7. Prices and Refunds

7.1. The prices for Premium API services and databases are as listed on the Website. In case of any doubt or confusion regarding the prices, please contact us via email for clarification.

7.2. The User may request a full refund for the last successful payment of the amount they paid for the Premium API services within 3 days upon successful registration 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. Data Docked reserves the right to change the prices for the Services periodically and will notify 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 notification. If the User continues using the Services after the price change takes effect, they shall be deemed to have accepted the price change. If the User disagrees with the price change, they may terminate the Services before the price change goes into effect. Data Docked encourages Users to carefully read notifications regarding price changes.

8. Account Cancellation

By accepting this Agreement, the User acknowledges that the information and data they gain access to may be of significance to national or international authorities related to navigation or sovereignty rights of one state or organization protecting such rights. Data Docked reserves the right to cancel, reduce, and/or deactivate, without prior notice, one or more accounts or geographical areas that may fall within the scope of a national or international authority's prohibition or restriction of access to such information and data. In these cases, no refund or compensation will be provided to the User.

9. Copyright

The Data may be protected by copyright, trademark, international treaties, and other proprietary rights and laws of Estonia, the European Union, the United States, and other countries. The User agrees to comply with all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Data. Unauthorized use of the Data and materials may violate applicable copyright, trademark, or other intellectual property laws or other laws and shall constitute a breach of this sublicense agreement.

10. Unauthorized Use

10.1. Data Docked shall not be liable for any unauthorized use of the Data. The User remains liable for any confidential or proprietary information disclosed by the User or its affiliates as a result of unauthorized use of the Data. Data Docked may, without notice, block the User's access to the Data and Services if it believes the Data or Services are being used by an unauthorized person, in any manner inconsistent with the Terms, or for other reasons deemed appropriate.

10.2. The User is personally responsible for all actions and transactions made through their account. The User agrees to maintain the confidentiality of their password and ensure proper logout at the end of each session. The User agrees to notify Data Docked immediately of any suspected unauthorized use or access to their account.

10.3. Content accessible through the Database and APIs may sometimes be subject to intellectual property rights, and the User may not use such content unless licensed to do so by the content owner or permitted by law. Access to content may be restricted or limited in accordance with applicable law, regulation, and policy.

11. Confidentiality and Privacy Policy

The Privacy Policy is an integral part of this Agreement and outlines how Users' data is processed.

12. Modifications to the Services

12.1. Data Docked may modify or change the format and features of the Data or Services at its discretion without notice.

12.2. Data Docked may alter or reduce the scope of Services due to constitutional, international, or private restrictions. Data Docked will not be liable for any damages or losses in such cases.

13. No Warranties

To the fullest extent permitted by applicable law, Data Docked provides the Services on an "as is" basis and disclaims all warranties, including but not limited to warranties of merchantability and fitness for a particular purpose.

14. Reliance upon AIS Data

14.1. The User acknowledges that AIS Data may be inaccurate, incomplete, or subject to error, delay, or change. Use of such data is at the User's risk.

14.2. Data Docked shall not be liable for any damages arising from inaccurate or incomplete data.

15. Damages

The User acknowledges that Data Docked shall not be liable for any direct, indirect, or consequential damages resulting from the use of the Services or Data.

16. Liability

16.1. Data Docked will not be liable for any claims arising from inaccurate information provided by the Services.

16.2. Data Docked may monitor the usage of services to ensure compliance with the terms.

16.3. The User agrees to indemnify Data Docked for any claims or damages arising from their use of the Data.

16.4. Data Docked shall not be liable for loss of profit, revenue, or data.

16.5. The total liability of Data Docked is limited to the amount the User has paid for the services.

17. Breach of Agreement

The User acknowledges that any breach of this Agreement may cause irreparable harm to Data Docked and that Data Docked may seek injunctive relief or other remedies.

18. Force Majeure

Data Docked will not be liable for delays or failures caused by events beyond its control.

19. Non-exclusivity

Data Docked may develop competing products or services at its discretion.

20. Other Terms

20.1. This Agreement shall be in English, and in the case of discrepancies, the English version will prevail.

20.2. This Agreement does not create any agency or partnership between the User and Data Docked.

20.3. Failure to act immediately on a breach of this Agreement does not waive Data Docked's rights.

20.4. This Agreement supersedes any prior agreements between Data Docked and the User.

21. Applicable Law and Competent Courts

21.1. This Agreement is governed by the laws of Estonia.

21.2. Any disputes will be resolved by the courts of Estonia.