NAUTICS SAILMATE TERMS AND CONDITIONS
The end-user (“User”) of Nautics Sailmate service (“Sailmate” or “Service”) must read and agree to these terms and conditions (“Terms and Conditions”) in their entirety before starting to use the Service. The Terms and Conditions form an agreement between Nautics Oy, who is responsible for providing the Service (“Service Provider”), and the User.
Service Provider:
Nautics Oy
c/o Vesa Satama
Keipintie 71
49900 Virolahti, Finland
Business ID: 2292745-6
www.sailmate.com
1. General on the use of the Service
Sailmate is a planning tool intended to be a personal aid to a boater, and should only be used to supplement the printed nautical charts and navigational equipment. The Service consists of a browser-based web application and a mobile application, which is downloadable to mobile devices.
THE SERVICE IS NOT A RELEVANT NAUTICAL CHART OR NAUTICAL PUBLICATION MEANT BY THE FINNISH WATER TRAFFIC ACT, AND THE USER MUST NOT RELY ON THAT THE SERVICE WOULD FUNCTION AS SUCH.
THE SERVICE IS NOT A SAFETY PRODUCT, AND IT IS NOT MEANT TO PREVENT ACCIDENTS. THE USER SPECIFICALLY ACCEPTS AND UNDERSTANDS THAT THE SERVICE IS NOT AN ALARM OR RESPONSE SYSTEM FOR EMERGENCY SITUATIONS, AND THE SERVICE DOES NOT SEND NOTIFICATIONS TO EMERGENCY AUTHORITIES AND THE SERVICE DOES NOT CONTACT OR REACH EMERGENCY AUTHORITIES. THE USER ITSELF MUST NOTIFY ALL EMERGENCY SITUATIONS TO THE EMERGENCY AUTHORITY IN QUESTION.
The Service may not be used for any other purposes than those specified in these Terms and Conditions. When using the Service one must comply with Finnish law, the user guide and take into account the warnings expressed in the user guide. The valid user guide (“Manual”) is available online on homepage at www.sailmate.com (“Homepage”). The content of the Service is primarily in Finnish and in English.
2. Right to Use and User’s Information
Only a legally competent adult natural person may register as a User for the Service. When the Service Provider gives the User a right to use the Service, these Terms and Conditions come into effect and are legally binding on the parties.
The Service is meant for the User’s personal use and the User is not allowed to disclose its personal username to others. The User may not use the Service for commercial purposes.
3. Charges for the use of the Service
Registering to the Service is free of charge. The Service includes both free of charge and chargeable services. The User can choose to order optional features or content to the Service. The current content, the prices and other conditions of the optional features and content are presented in the Homepage (“Price list”).
In case the User orders chargeable services, their price is charged at the time of the order. Orders concerning a certain period are charged before the start of the subscription period. The order can be either for a fixed period or a subscriotion valid until further notice.
The User has a right to cancel the order within 14 days of the order by notifying about it by e-mail to email address tuki@nautics.fi according to the instructions given in the Manual.
4. Content and maintenance of the Service
The Service is provided “as is”. In case of an error in the operation of the Service, the Service Provider seeks to fix the error, if reasonably possible, as soon as possible. However, the Service Provider does not guarantee that the content of the Service is up-to-date or error-free, or that the operation of the Service is error-free. The Service Provider does not provide any warranty for the features of the Service. By accepting these conditions, the User specifically accepts the above- mentioned and that Nautics shall not be held liable for the content, quality, functionality, compatibility, availability, continuity or safety of the Service. There may also be interruptions in the Service.
The User itself is responsible for the procurement of devices and the connections needed for the use of the Service, and for the devices and connections to be functional, secure and compatible with the Service, and for their proper protection and for the resulting costs.
The nautical charts of the Service are so called unaltered copies in raster format of the printed nautical charts published by Finnish Transport and Communications Agency. The charts update in accordance with the publications of the printed chart series. The Service Provider is not responsible for the validity or up-to-dateness of the nautical charts in the Service. The User has to take into account the special notices in the Manual while using the Scout routes.
The Service Provider is not responsible for any direct or indirect damage or damages that may occur to the User or its boat or third party or otherwise in connection with the use of the Service or as a result of use, malfunction or error of the Service. For the sake of clarity it is stated that this means among other things that the Service Provider is also not liable for any loss of data or any damage caused by technical faults, maintenance work, updates, communications network, any interruptions in the Service (whether caused by disturbances in internet network or by any other reason), or the User for example drifting to a wrong route or hitting the ground while using the Service. The maximum liability of the Service Provider is always limited to the amount that the User has paid to the Service Provider for the use of the Service, provided that mandatory legislation does not stipulate otherwise.
THE USER USES THE SERVICE BASED ON HIS OR HER OWN DELIBERATION AND AT HIS OR HER OWN RISK. THE SERVICE DOES NOT DECREASE OR REMOVE THE USER’S LIABILITY TO COMPLY WITH APPLICABLE LAWS, ORDERS FROM PUBLIC AUTHORITIES, RULES OR OTHER PROVISIONS OR ORDERS OR THE USER’S RESPONSIBILITY TO ACT CAREFULLY TO AVOID PERSONAL INJURY AND DAMAGE TO PROPERTY.
All rights in and to the Service and its versions belong to Nautics Oy, its partners or licensors.
Title and all intellectual property rights, including also the right to modify and to transfer rights further, in and to all data and material created by the User to the Service belong directly to the Service Provider as of the moment of their creation and without a separate transfer transaction and without any compensation to be paid by the Service Provider. The User has a right to use and edit the data and material it has created only in the Service and only for the time that Nautics allows to do so. Nautics does not guarantee that the data and material created by the User is constantly available and is in no case liable for any loss of the data or material.
The User is not allowed to change the Service or any of its components or parts or publish or share the Service or contents downloaded through it to third parties.
The User may contact customer support by sending an e-mail to address tuki@nautics.fi. The contact requests will be answered as soon as possible.
Nautics may at its sole discretion update and modify the Service, but is not obligated to do so. Nautics may at its sole discretion close down the Service.
5. The data protection of the Service
The Service Provider processes the Users ́s personal data, which is obtained through the Service, in a manner allowed and obligated by the current personal data legislation in force, and in accordance with the Service Provider’s own privacy policies. The current privacy policy in is available on the Homepage.
Certain features of the Service require that the User accepts, that the mobile device’s location data is used and processed. There is more detailed information available in the Manual concerning processing, saving and the accuracy of the location data.
6. Validity of the Terms and Conditions and changes in the Service and the price list
A User who has ordered chargeable services has in principle the right to use equal and same quality Service as has been agreed at the start of the latest subscription period, subject to paying the prices in price list, for the duration of the subscription period. Changes to the price list made by the Service Provider will be effective at the start of the next subscription period. Changes, with the exception for minor changes, regarding the use of the Service or its features will be notified to the User at least four (4) weeks before the changes become effective.
A User using the free of charge version is not entitled to any specific features of the Service. If the free of charge version becomes chargeable in the future or its features otherwise change significantly, these changes will be notified to the User no later than four (4) weeks before the changes become effective.
The Service Provider may make changes to the price list and the features of the Service also during the subscription period. If the changes to the features of the Service have a significant impact on the User’s use of the Service, the User may terminate their customer relationship and ask the Service Provider to refund the part of the fee paid by the User that is targeted for the remaining subscription period.
To a User who has ordered the chargeable subscription period, the version of these Terms and Conditions that were in effect at the time of the User’s most recent subscription period started will be applied. A User using the free of charge version of the Service is always subject to the most up- to-date terms and conditions available at the Homepage.
These Terms and Conditions may be amended by the Service Provider. Changes to the Terms and Conditions will be informed separately in a manner deemed appropriate. If the User continues to use the Service after being informed of the changed terms and conditions, they will be deemed to have accepted the changed terms and conditions. Valid terms and conditions are available on the Homepage.
If a User has chosen to decline the communication regarding the Service, or has unsubscribed the Sailmate-newsletter, the Service Provider is not be able to send the notifications to the User according to the this paragraph.
If a User breaches these Terms and Conditions, the Service Provider has a right to terminate the User’s order agreement and end their right to use the Service and use all other legal remedies available to Nautics, such as the right to claim damages.
These Terms and Conditions have been modified the latest on 16th January 2023.
7. Governing Law
These Terms and Conditions shall be construed in accordance with the laws of Finland, excluding its choice of law provisions and the UN Convention on Contracts for the International Sale of Goods. Any dispute between parties shall be settled by the District Court of Helsinki (in Finnish: Helsingin käräjäoikeus) as a first instance.
8. Miscellaneous
If any provision of the Terms and conditions is found to be invalid, the other provisions will remain in force. The invalid provision shall be interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law.
The Service Provider has the right to transfer its rights and obligations under these Terms and Conditions to a third party and a right to use subcontractors if it wishes to do so.