Terms and conditions for delivery of services MarinePlan

Version 2.1, drafted: May 8, 2021

Introduction

This document describes the agreement as accepted between the parties MarinePlan (Kees Wesselius) and its customers. It concerns a license to certain navigation software and/or services from MarinePlan that can be executed by the customer under certain conditions.

Agreement

MarinePlan licenses the use of its navigation software, hereinafter referred to as “software”. Its use is permitted only under the following provisions.

The license is understood to mean that the customer is allowed to run the software with the intended purpose: offering certain navigation functions to end users.

Provisions

1. MarinePlan provides software services, consisting of calling online functionality for the purpose of supporting end users in the nautical domain. Technically, this is an HTTP(S) call with certain values, after which the service returns a response in JSON format.
2. The calls will be processed by MarinePlan, where a number of calls define one transaction. MarinePlan charges the customer costs for each transaction, with a predetermined minimum number of transactions. These costs are billed monthly.
3. The data generated by the software, including planned routes, may not be used by the customer for any purpose other than providing support for end-user navigation applications. It is not permitted to extract data from the services and process it further or use it for a purpose other than the stated purpose.
4. The customer can only access the services by means of the API key provided for this purpose. This key must be treated confidentially. Billing will be based on the use of this key. If a party other than the customer purchases services with this key, the costs will be borne by the customer. If unauthorized use of the key is established, MarinePlan can issue a new key and revoke the old key, so that the old key no longer provides access to the services and no costs are charged for the old key.
5. The customer undertakes to secure its software so that unauthorized persons do not have access to it. The customer also undertakes to secure its software so that authorized persons only have access that is necessary for the intended purpose of the software.
6. The customer cannot claim a guarantee for error-free functioning of the software. MarinePlan has a best efforts obligation to follow up on error messages that the customer sends to MarinePlan after an irregularity, error situation or malfunction has occurred.
7. The customer cannot claim the correctness of the routes, locations, times or any other data generated by the software as planned by the software.
8. MarinePlan strives for 100% availability of the services. In case the availability is lower, MarinePlan is obliged to take corrective actions to make the software available again.
9. The customer cannot claim the speed of the software, other than the limit accepted as reasonable speed in the industry.
10. The customer cannot hold MarinePlan liable for any damage suffered, resulting from the use, misuse, incorrect data, or inability to use the software.
11. The customer cannot pass on any costs, lost income or investments resulting from the use, abuse or inability to use the software to MarinePlan or hold MarinePlan liable for this.
12. MarinePlan is entitled to unilaterally revoke the license without giving reasons, without the consent of the customer. A notice period of three months (90 days) will be applied. In case of force majeure (external factors, suppliers, sabotage, illness of employees, death of employees) MarinePlan may deviate from this.
13. The license agreement is renewed monthly. The customer is entitled unilaterally to refrain from extending the license, without stating reasons. A notice period of one calendar month (30 days) will be applied.
14. If MarinePlan remains in default with regard to the operation of the software, MarinePlan will charge a reduction of the minimum transaction for the malfunction period, pro rata to the number of full or partial days that the expected functionality of the software is not fulfilled due to MarinePlan. could be delivered.
15. MarinePlan has the right to analyze the calls to the services and to store this data for a longer period of time. The data is stored in the EU and does not contain any data that can be traced back to actual persons.
16. MarinePlan may change certain software features and make a new API available, after which the support of the old API will be withdrawn after a deprecation period of 6 months. This will be communicated in advance by MarinePlan.
17. MarinePlan has the right to publicly announce the provision of the services by naming the name of the customer, for example as part of commercial reporting.