Terms of Service

The Not-so-small Print You Agree to by Using Our Services

SAILDRONE’s Vision is that by improving our understanding of the Earth’s oceans, we gain critical environmental intelligence to better understand and advance weather and climate modeling, ocean science, sustainable fisheries management, and environmental monitoring.  In using SAILDRONE’s Consumer Products, the User (“YOU”) is/are an integral part of realizing that Vision.  We want to ensure that YOU are engaged in the experience and empowered to better understand the world and its oceans.

Terms of Service

Your experiences as a User are an important part of making SAILDRONE’s Consumer Products useful. We welcome input from our Users and are excited to see the amazing experiences YOU are having, by using SAILDRONE’s Consumer Products. By “Application,” we mean any SAILDRONE software application, functionality, website, product, or service that YOU use. Users are required to comply with SAILDRONE’s Consumer Products’ Terms of Service and other obligations. When we use the term “Services,” we are referring to SAILDRONE’s services and related systems and technology, as well as SAILDRONE’s websites and all of the information and content made available, by or on behalf of SAILDRONE through any of those Services.

The following Terms of Service (alternatively, the “Terms”) apply when YOU use SAILDRONE’s Consumer Products (the “Service”) provided by SAILDRONE, Inc. and any of our affiliates (collectively, “SAILDRONE”). Please review the following terms carefully. You will be bound by the Terms of Service when you view, access, or otherwise use the Service.  By accessing or using the Service, YOU signify Your understanding and agreement to these Terms of Service and SAILDRONE's Consumer Products Privacy Policy. If YOU do not agree to these Terms of Service, YOU may not access or use the Service.

We encourage YOU to revisit these Terms, as they may change, from time to time.  Again, if YOU do not agree to the changes SAILDRONE makes, YOU can terminate the Terms and must stop using the Services.

YOU will be responsible for all of Your actions involving or using SAILDRONE’s Consumer Products or its Services.  SAILDRONE reserves the right to terminate Your use of the Application, Services, and/or to take appropriate legal actions, should YOU violate these Terms of Service.

Privacy

Privacy, safety, and a high-quality User experience are very important, and these Terms are designed with those goals in mind. We can’t cover every type of Application or Service in these Terms, but our goal is to give guidance to our Users of the kinds of activities that will or will not be permitted by SAILDRONE. To protect Users and our Services, we reserve the right to take any action we deem necessary if a respective use or uses violates the letter or spirit of these Terms. By “User,” we mean any “Authorized User” as defined in these Terms of Service. By “Data,” we mean data, information or content uploaded, posted, transmitted or otherwise made available by Users via the Services, including messages, files, comments, profile information, metadata, and token data.

Security

We take the security of Data very seriously, and as a User of SAILDRONE’s Application and/or Services, YOU must do so, too.  In addition, You are prohibited from:

• Degrading or compromising security in any way
• Providing access to SAILDRONE in any fraudulent or unauthorized way, including bypassing or circumventing SAILDRONE protocols and access controls
• Using unpublished APIs
• Including misleading and/or deceptive statements about Application functionality, performance, origin or Data use
• Transmitting any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or Data
• Attempting to reverse engineer or otherwise derive source code, trade secrets, or know-how in the SAILDRONE Consumer Products or any portion thereof
  

User Experience

To the best of SAILDRONE’s abilities, we want to ensure that every User has an enjoyable experience in using the Application or Services.  To that end, we do expect that each use of our Application and/or Services will be done in an appropriate and respectful manner.  In keeping with the spirit of this expectation, Users are prohibited from:

• Degrading or compromising performance of the Application and/or Services
• Performing or not performing any action which adversely impacts SAILDRONE’s brand
• Using vulgar or obscene language or images. Your usage must not contain or offer content that is violent, extreme or that a reasonable person would consider inappropriate
• Offering sexually-oriented or adult content. Your usage must not contain or offer content that a reasonable person would consider pornographic or indecent
• Using the Application or Services in a manner that does not add value to other Users or that detracts from the overall utility of SAILDRONE’s Consumer Products and the overall Application or Services’ ecosystem
• Displaying inappropriate communications through the Service

Use of Data

Protecting Data is paramount at SAILDRONE, and must be for YOU, too. YOU are responsible for good data usage  practices. First and foremost, YOU have no independent rights to any of SAILDRONE’s Data. In accordance with using the Consumer Products, YOU are prohibited from:

• Collecting, storing, and using Data without obtaining proper consent of any User
• Using Data to contact any other User
• Asking Users to provide sensitive, private, and confidential personal information
• Renting, selling, or sharing Data with third parties under any circumstances
• Exploiting Data to create User profiles other than that which is necessary for the Consumer Products to function
• Accessing Data for surveillance purposes. YOU may not allow or assist any entity to conduct surveillance or obtain Data using your access to the SAILDRONE Consumer Products
• Otherwise exploiting Data in a way not approved by SAILDRONE and not disclosed to and permitted by any other Users.

Law & Safety

Your use of SAILDRONE’s Consumer Products and/or the Services should not create unsafe environments or hardships for any other Users and must comply with all applicable laws and legal requirements in all locations, where it is made available to Users. In addition, YOU, the User, is prohibited from:

• Permitting use by children under the age of 16.  Neither the Consumer Products nor any of the Services are intended for and should not be used by anyone under the age of 16.  If YOU wish to use the Service and are under the age of 16, YOU are not an Authorized User of the Service, and consistent with these Terms, YOU may not otherwise access or use SAILDRONE’s Consumer Products and/or any of the Services.  
• Spamming, harassing, stalking, intimidating or threatening Users
• Allowing impersonation of Users or otherwise allowing for false representations within SAILDRONE’s Consumer Products
• Facilitating violations of the law
• Infringing on anyone else's intellectual property rights (including SAILDRONE’s)
• Representing that Your use of SAILDRONE’s Consumer Products is authorized by or produced by another company or organization
• Allowing or facilitating financial transactions conducted in an insecure and unapproved manner

Violations of these Terms may result in suspended access from the Consumer Products and/or the Services, token revocation, service interruption, legal action, or any other action deemed necessary by SAILDRONE.  If YOU violate these Terms, we may or may not provide notice before taking action. Please note that we may periodically audit usage and retain full discretion to suspend or revoke access to the Consumer Products and/or the Services

These Terms will change as SAILDRONE’s Consumer Products and/or Services grow and evolve. Again, please check back regularly for updates. We may use your email address or a notice through the Services to communicate any material changes to these Services.

License

Subject to these Terms of Service, SAILDRONE grants YOU a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable, worldwide license for Licensee’s personal use to:

• use, convey, and display the data retrieved from the Service in a manner consistent with these Terms of Service.

YOU may not sell, rent, lease, sublicense, redistribute, or syndicate access to the Consumer Products, any of our Products, and/or Services.

Here Are the Basic Rules

Your license to access our Products and Services is limited and subject to compliance with these Terms and our Privacy Policy. Further, YOU will not: (A) access our Products or Services in violation of any law or regulation; (B) access our Products and/or the Services in any manner that (i) compromises, breaks or circumvents any of our technical processes or security measures associated with the Consumer Products and/or Services, (ii) poses a security vulnerability to customers or users of the Services, or (iii) tests the vulnerability of our systems or networks; (C) access our Products in order to replicate or compete with the Services; (D) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our Products or Services; or (E) attempt to use our Products in a manner that exceeds rate limits, or constitutes excessive or abusive usage.

Attribution

YOU may not display or invoke the Service or SAILDRONE name or logo in any manner that implies a relationship or affiliation with, sponsorship, promotion, or endorsement by SAILDRONE, except as authorized by these Terms of Service.

Use of Service

Subject to these Terms of Service, SAILDRONE grants YOU a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable, worldwide license for Licensee’s personal use to:

• use, convey, and display the data retrieved from the Service in a manner consistent with these Terms of Service.

Your permission to use the Service is conditional upon Your agreement that YOU will not:

• use the Service in a manner that is inconsistent with applicable law;
• create multiple accounts or utilize any script or other automated tool that attempts to create multiple accounts for the purpose of deceiving any other Users and/or SAILDRONE;
• provide inaccurate identification, contact, and other information required as part of the registration process;
• sell, lease, or sublicense the Service or access thereto;
• access, tamper, or use any non-public areas of our Service without authorization; and
• interfere or attempt to interfere with the proper functioning of the Service.

Access

SAILDRONE may discontinue, suspend, terminate, or block access to this Service at any time in its sole discretion. SAILDRONE has no obligation to compensate YOU for any discontinuation, suspension, termination, or blockage of access to this Service.

Privacy Policy

SAILDRONE respects the privacy of its users. Please refer to our Privacy Policy, which explains how we collect, use, and disclose information that pertains to Your privacy.

Intellectual Property

SAILDRONE retains all right, title, and interest in and to the Service, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights unless explicitly stated otherwise. Except as otherwise provided in these Terms of Service, YOU may not, and may not permit others to:

• reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service;
• sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt, or edit the Service; or
• circumvent or disable any security or technological features of the Service.

Force Majeure

Neither we nor YOU will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

Relationship of the Parties; No Third-party Beneficiaries

The Parties are independent contractors. These Terms of Service constitute a contract between SAILDRONE and YOU (the “Contract.”).  The Contract does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. There are no third-party beneficiaries to the Contract.

Dispute Resolution

If YOU seek to file a legal claim against us, YOU agree to file and resolve it exclusively in the state or federal court located in the State of California. YOU also agree that the laws of the State of California and, to the extent applicable, the laws of the United States of America will govern these Terms of Service, as well as any legal claim that might arise between YOU and us (without reference to conflict of laws principles). YOU agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in the State of California, in any legal action or proceeding relating to SAILDRONE or these Terms of Service.

Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ALL KINDS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-FREE, OR THAT YOUR INFORMATION WILL BE SECURE.

Limit of Liability

THE SERVICE AND THE DATA PROVIDED BY THE SERVICE IS NOT INTENDED TO BE USED IN ANY APPLICATION WHERE HUMAN LIFE OR PROPERTY MAY BE AT STAKE, YOU WAIVE ANY CLAIMS FOR LIABILITY OR INJURY FOR SUCH USE. SAILDRONE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

YOU shall indemnify and hold harmless SAILDRONE from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorneys’ fees) incident thereto or incident to successfully establishing the right to indemnification, for injury or death of any person or persons, including Your employees, if any, arising out of or in any way relating to Your breach of the terms of this License and/or Your utilization of the Service, whether or not arising in tort or occasioned by the negligence of SAILDRONE, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness or willful misconduct of SAILDRONE. Your obligations under this indemnity will survive the expiration, termination, completion or cancellation of these Terms of Service. You will defend SAILDRONE, from and against any and all third party claims, actions, suits, proceedings, and demands arising from or related to your violation of the Contract or your violation of your user agreement or privacy policy (a "Claim Against Us"), and will indemnify SAILDRONE for all reasonable attorneys’ fees incurred and damages and other costs finally awarded against SAILDRONE, in connection with or as a result of, and for amounts paid by SAILDRONE, under a settlement you approve of in connection with, a Claim Against Us. We must provide YOU with prompt written notice of any Claim Against Us and allow you the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting your defense and settlement of such matter. This section states your sole liability with respect to, and SAILDRONE’s exclusive remedy against you, for any Claim Against Us.

Termination

Either party may terminate these Terms of Service at any time for any reason.Upon the termination of these Terms of Service, YOU:

• acknowledge and agrees that all licenses and rights to use the Service and data obtained from the Service shall terminate,
• will cease any and all use of the Service, and
• will remove any data obtained from the Service from all hard drives, networks and other storage media and destroy all copies of any data obtained from the Service in Your possession or under Your control.

YOU further agree to pay all outstanding fees incurred prior to the termination of these Terms of Service.The sections titled Dispute Jurisdiction, Disclaimers, Limitation of Liability, Indemnification, and General Provisions shall survive the termination of these Terms of Service.

General Provisions

These Terms of Service are effective December 14, 2018. These Terms of Service may be updated from time to time for any reason. YOU are advised to consult this Terms of Service regularly for any changes, as continued use of the Service and/or Services is deemed to be Your grant of express consent to these Terms.

Contact

If YOU have any questions concerning these Terms of Service, YOU may contact us at consumersupport@saildrone.com.