Terms of Service

By using the NAPA Fleet Intelligence website or standalone applications, API, premium services, or other information provided as part of the services (collectively the “Service”), you are entering into a legally binding agreement with Napa Ltd, Helsinki, Finland, based on the terms below, the NAPA Privacy Policy and the NAPA Fleet Intelligence General Terms and Conditions (collectively referred to as the “Terms”) and become a NAPA Fleet Intelligence user (“User”).

If you do not agree to these Terms, you do not have the right to access or use our Service. If you do use our Service, your use shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

By accepting these terms, you represent and warrant that you are authorized to register as a User as an authorized representative of the entity you work for.

Introduction

NAPA Fleet Intelligence is a comprehensive service for analyzing and improving vessel technical and operational performance.

Use of Services

Services are available only for registered users. Any service provided to registered Users is ruled from the General Terms and Conditions of the website along with these current Terms of Service.

These terms are applicable in addition to the terms and conditions of the agreement which may have been entered into by the entity that you represent (the “Main Agreement”). In case of discrepancies or inconsistencies between these Terms and the Terms of the possible Main Agreement, the terms of the Main Agreement shall prevail.

Protection of Confidential Information

Each user is personally and solely responsible for all actions and transactions made through his account. Your password is personal, and you may not disclose it to any third party. You may also not let any third party to use the Service through your account. You are responsible for maintaining your password secret and you must ensure that you exit properly from your account at the end of each session. In case you notice any potential breach of security or suspect that your password(s) may be at risk of being available for a third person or party, you must immediately notify NAPA. NAPA is not in any way liable for potential damage arising from the User’s failure to comply with these confidentiality and safety undertakings. Making any data or derived results published outside the parties specified in Main Agreement is not permitted without written approval from NAPA.

Intellectual Property Rights

Title to, ownership of and all intellectual property rights (including, but not limited to, copyrights, trademarks, patents, trade secrets and know-how) in and to the Service and NAPA software, its documentation and any ancillary software provided by NAPA shall belong to and shall remain the sole and exclusive property of NAPA and/or its licensors. You shall have no right to copy the software. You may not reverse engineer, decompile, convert, make any attempt to discover the software source code, or create derivative works from the Service or any NAPA software. Unless specifically otherwise agreed in writing by NAPA you may not: (i) use the Service for any other purpose than specified in the Main Agreement, or otherwise specifically agreed by NAPA in writing); (ii) use the Service for the benefit of third parties for free or in exchange for compensation; (iii) use the Service for provision of any kind of hosted services, application services, time-sharing or data processing services to third parties.

Privacy

Any data and/or input you possibly provide through the Service will be handled in accordance with NAPA Privacy Policy.

Liability

The information provided in the service is partly derived from vessel positions from Automatic Identification System (AIS) and several other data sources purchased by NAPA. This data includes for example ship service speed, design draught, installed main engine power, weather forecasts, tropical storm risk probabilities, network of safely operated coastal routes. AIS data is prone to missing or erroneous data (due to e.g. limited coverage, crew negligence) and weather forecast will always contain some prediction error and sometimes even large errors. These, among other factors, are beyond the control of NAPA. While NAPA uses all reasonable efforts to ensure that these datasets are purchased from reliable sources, contain as little errors as possible, and that the results are trustworthy, under no circumstances can NAPA be held liable for the correctness of the input data and the resulting information.

Consequently, NAPA and its partners do not make any representations or issue any type of guarantee related to, neither are they responsible for, the correctness, validity, thoroughness and accuracy of that information published, nor for the suitability of their usage for purposes other than informational only. NAPA specifically disclaims any liability related to, or originating from, he information published and / or originating from the vessels and any vessel specific information.

Due to the nature and to the extent of information provided through the Service, under any circumstances, negligence included, the NAPA may not be held liable for any kind of damages you may suffer from the use or visit of the Service, any other service, website, choices and content of NAPA. You use the Service, any other NAPA services, websites and content and make choices at your own initiative and risk.

NAPA does not guarantee the correctness, validity or accuracy of any information in the Service. The information in, or provided or made available through the Service should not be taken as a direct advice or suggestion for a certain action. Any actions taken by the Users based on the information in or provided or made available through the Service shall not establish any liability to NAPA.

No Guarantee and Limitation of Liability

The Service is provided “as is” with no explicit or implicit guarantees. Although NAPA makes reasonable efforts to ensure it, NAPA makes no representations or issues any guarantee that the pages, functions and content are provided without interruption or without errors or mistakes that will be corrected.

Unless otherwise agreed in the Main Agreement, NAPA’s liability to you and/or the entity that you represent will be limited to one thousand euros (€1,000). Under no circumstances will NAPA be liable in contract, tort or otherwise, for indirect, consequential, incidental, special or punitive losses, costs or damages of any kind however arising from the use of the Services, including but not limited to loss of profit or revenue. In case that this limitation of liability would be held invalid, NAPA’s liabilities are excluded and limited to the maximum extent provided by the applicable law(s).

Applicable Law/ Competent Courts

These Terms are governed by and construed under the laws of Finland. Any dispute related to use of the Service or these Terms, which cannot be settled amicably, will be finally settled in an arbitration by a sole arbitrator to be appointed by the Arbitration Institute of the Finland Chamber of Commerce (“FAI”). The arbitration shall be conducted in accordance with the rules of arbitration of FAI. Arbitration shall be held in Helsinki, Finland, in the English language. The arbitral award shall be final and binding upon the parties.

Changes to the Terms

NAPA reserves the right to update and change these Terms from time to time without notice. To the extent possible NAPA will, however, notify you of the changes by electronic means. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.