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 (VAT: EE102956214) (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Data Docked shall not be liable for any damages the User may suffer as a result of providing incorrect, incomplete, or outdated contact information.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 [email protected].

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 [email protected].

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 at any time. Data Docked will provide Users with at least one (1) month advance notice of any 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 notice period. 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.

22. Service Discontinuation and Shutdown

22.1. Data Docked reserves the right, at its sole discretion, to discontinue, suspend, or terminate any or all of its Services, including API services, databases, and any other offerings, at any time with or without prior notice.

22.2. Data Docked is under no obligation to maintain, support, or continue operating any Service indefinitely. The availability of Services is contingent upon various factors including, but not limited to, business viability, market conditions, technical considerations, and resource availability.

22.3. In the event of planned service discontinuation, Data Docked will endeavor to provide reasonable notice to Users, though such notice is not guaranteed and shall not exceed thirty (30) days.

22.4. Upon discontinuation of Services, Users shall not be entitled to any refunds, compensation, or damages beyond any unused portion of prepaid services for the current billing period, subject to Section 23 of this Agreement.

23. Prepaid Credits and Expiration

23.1. Any prepaid credits, funds, or balances purchased by the User ("Prepaid Credits") are non-refundable and non-transferable, except as expressly provided in Section 7 of this Agreement.

23.2. Prepaid Credits shall expire twelve (12) months from the date of purchase unless otherwise specified at the time of purchase or unless a different expiration period is displayed in the User's account.

23.3. Prepaid Credits have no cash value and cannot be exchanged for cash, refunded, or redeemed for any other form of value upon account termination, service discontinuation, or expiration.

23.4. Upon termination or cancellation of a User's account, whether initiated by the User or Data Docked, all unused Prepaid Credits shall be forfeited immediately and the User shall have no claim to any refund or compensation for such credits.

23.5. Data Docked reserves the right to modify the terms, conditions, and expiration periods applicable to Prepaid Credits with thirty (30) days' notice to affected Users.

24. Enhanced Limitation of Liability

24.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATA DOCKED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER DATA DOCKED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

24.2. Data Docked's total aggregate liability arising out of or relating to this Agreement or the use of the Services shall not exceed the lesser of: (a) the total amount paid by the User to Data Docked in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred euros (EUR 100).

24.3. Data Docked shall not be liable for any business interruption, loss of business opportunities, loss of anticipated savings, loss of revenue, loss of data, or any costs of procurement of substitute goods or services arising from the use or inability to use the Services.

24.4. The limitations set forth in this section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or any other legal or equitable theory, and regardless of whether such damages were foreseeable.

24.5. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Data Docked's liability shall be limited to the maximum extent permitted by applicable law.

25. No Guarantee of Service Availability

25.1. The Services are provided on an "as available" basis. Data Docked does not guarantee or warrant any specific level of uptime, availability, or continuous operation of the Services.

25.2. The Services may be subject to scheduled maintenance, unscheduled downtime, interruptions, delays, or errors for which Data Docked shall bear no liability. Data Docked will endeavor to provide notice of scheduled maintenance when practicable but is not obligated to do so.

25.3. Users acknowledge that internet-based services are inherently subject to interruptions, delays, and outages, and that Data Docked shall not be liable for any such interruptions or the consequences thereof.

25.4. No service level agreement, uptime guarantee, or availability commitment shall be implied or inferred from this Agreement unless explicitly agreed to in writing by Data Docked.

25.5. Users shall not be entitled to any refunds, credits, or compensation for any period during which the Services are unavailable or experiencing degraded performance.

26. Commercial Use Acknowledgment

26.1. By using the Services, the User acknowledges and agrees that they are using the Services for commercial, business, or professional purposes and not as a consumer.

26.2. The User represents that they have conducted their own independent investigation, due diligence, and assessment of the Services and their suitability for the User's intended purposes prior to entering into this Agreement.

26.3. The User acknowledges that they are not relying on Data Docked or the Services as the sole basis for any business-critical decisions, and that the User assumes all risks associated with such reliance.

26.4. The User agrees that they have the necessary expertise, knowledge, and resources to evaluate and use the Services appropriately, and that Data Docked shall not be liable for any decisions made or actions taken by the User based on the Data or Services.

26.5. Any consumer protection laws that may otherwise apply to this Agreement are hereby waived to the maximum extent permitted by applicable law.

27. Insolvency and Business Discontinuation

27.1. In the event that Data Docked becomes insolvent, enters into bankruptcy or liquidation proceedings, ceases business operations, or is acquired by another entity that does not assume this Agreement, all obligations of Data Docked under this Agreement shall terminate immediately.

27.2. Upon the occurrence of any event described in Section 27.1, all Prepaid Credits, unused services, and any other entitlements under this Agreement shall be immediately forfeited, and the User shall have no claim for refund, compensation, or damages.

27.3. The User hereby waives, to the maximum extent permitted by applicable law, any and all claims against Data Docked, its directors, officers, employees, shareholders, or successors arising from or related to the discontinuation of Services due to insolvency, bankruptcy, or cessation of business operations.

27.4. The User acknowledges that in the event of insolvency or bankruptcy, Data Docked's assets may be insufficient to satisfy all creditor claims, and that the User's claims (if any) may be subordinate to other creditors.

27.5. Nothing in this section shall prevent or limit any claims that cannot be waived under applicable mandatory law, but any such claims shall be subject to the limitations set forth in Section 24 of this Agreement.