Terms of Service

 

Sensario AS designs products and tools that help monitor and manage your boat ownership while putting you at ease from a distance. These Terms of Service (“Terms”) apply to your access and use of the Sensar Marine SmartBoat One. The “Sensar Marine” includes our devices including associated firmware, applications, software, websites, APIs, products, and services.

 

If you live in the European Economic Area, the United Kingdom or Switzerland, these Terms are an agreement between you and Sensario AS, an Norwegian company with its registered office at Lyngberget 18, 5038 Bergen, Norway. When the Terms mention “Sensario”, “we”, “us” or “our”, they refer to the party to your agreement that provides you with the Sensar Monitoring Service, and/or the SmartBoat One.

 

You must accept these Terms to create a Sensar Marine-account and to access or use the Sensar Service. If you do not have an account, you accept these Terms by using any part of the Sensar Service and/or the SmartBoat One. If you do not accept these terms, do not create an account or use the services of Sensario AS.

1. READ OUR PRIVACY POLICY

For information about our handling of Personal Data please see our Privacy Policy. By agreeing to the Terms, or accessing or using the Sensar Monitoring Service (“Sensar Service”), you agree that we can collect and use your information in accordance with the Privacy Policy.

 

2. USE OF THE SENSAR SERVICE

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Sensar Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Sensar Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Sensar Service.

You may only connect to the Sensar Service and/or SmartBoat One using (i) a device that is manufactured, distributed or sold by Sensario AS itself or through its authorised resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software or devices; or (iii) our websites (“Authorised Connections”).

You may not connect to the Sensar Service with any device that is not manufactured, distributed, or sold by Sensario AS itself or through its authorised resellers or agents (such as a knock off or counterfeit version of the SmartBoat One); otherwise intends to resemble or purports to be a Sensario AS device; or any unauthorised application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Sensar Service. If you have questions about whether a product or application qualifies as an Authorised Connection, please contact post@sensarmarine.no

 

3. CREATING AN ACCOUNT

Full use of the Sensar Service and/or the SmartBoat One requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Sensario AS is not liable for any losses or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact our customer support you discover or suspect any security breach related to the Sensar Service or your account.


4. NECESSARY EQUIPMENT

Full use of the Sensar Service and/or the SmartBoat One is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Sensar Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.


5. YOUR CONTENT ON THE SENSAR SERVICE

Sensario AS under the Sensar Service and/or the SmartBoat One may enable you to, upload, store, share, send, or display photos, images, video, data, text, and other information and content (“Your Content”) to the Sensar Service and via the SmartBoat One. By making Your data  available on or through the SmartBoat One you hereby grant to Sensario AS a non-exclusive, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, sell for profit and/or distribute Your Content and/or Data, in whole or in part, in any form and to any party. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Sensar Service and/or the SmartBoat One, as well as aslo making Sensario AS able to commercialize the data of its users by targeted sale of collected data to third parties, such as i.e. insurance companies.  


You represent and warrant that Your Content, the use and provision of Your Content on the SmartBoat One, and your use of the Sensar Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.


6. SENSARIO AS’S RIGHTS

“Sensar Content” and/or “Sensar Data” includes any photos, images, graphics, video, audio, data, text, music, boat owning regimens, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Sensar Service. Sensar Content, the Sensar Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Norway and foreign countries. We reserve all rights not expressly set out in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Sensar Service. Our logos and any other Sensario AS trademarks that may appear on the Sensar Service and/or SmartBoat One, and the overall look and feel of the Sensar Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Sensar Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.


7. WHAT YOU CAN DO ON THE SENSAR SERVICE

The Sensar Service is intended for your personal, non-commercial use.

Sensario AS grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to (1) access and use the Sensar Service, (2) access and view the Sensar Content, (3) access and use the software and mobile applications provided by the Sensar Service, and (4) use any potential software that is embedded into Sensar devices as authorised in these Terms. With respect to items (3) and (4), this licence includes any third-party software embedded in any Sensar Service. This licence is provided solely for your personal, non-commercial use and enjoyment of the Sensar Service as permitted in these Terms.


You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Sensar Content, Sensar Service, the SmartBoat One or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sensar or its licensors, except for the licences and rights expressly granted in these Terms.


Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Sensar Service: (1) use, display, mirror, or frame the Sensar Service or any individual element within the Sensar Service, including the layout and design of any page, without Sensar’s express written consent; (2) use Sensar name, any Sensar trademark or logo, or any Sensar proprietary information without Sensar’s express written consent; (3) access or tamper with non-public areas of the Sensar Service, Sensars’s computer systems, or the technical delivery systems of SmartBoat One; (4) test the vulnerability of any Sensar system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Sensar or any of Sensar’s providers or any other third party (including another user) to protect the Sensar Service; (6) access the Sensar Service or Sensar Content through the use of any mechanism other than through the use of an Authorized Connection, Sensar Service, or Sensar API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Sensar provides to you or any other part of the Sensar Service.


8. HYPERLINKS

You are granted a limited, nonexclusive, and non-transferable right to create a text hyperlink to the Sensar Service for non-commercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Sensar’s sole discretion.


9. OUR ENFORCEMENT RIGHTS

We reserve the right (but are not required) to remove or disable access to the Sensar Service at any time and without notice, and at our sole discretion, if we determine that the Sensar Content, the SmartBoat One or your use of the Sensar Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Sensar Service, and in response may take any action we may deem appropriate.


10. USE THE SENSAR SERVICE AT YOUR OWN RISK

If you rely on the Sensar Service, you do so solely at your own risk.

Our goal is to provide helpful and accurate information on the Sensar Service, but we make no endorsement, representation, or warranty of any kind about any Sensar Content, information, or services. The accuracy of the data collected and presented through the Sensar Service is not intended to match that of high-grade industrial devices or scientific measurement devices.

We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive through the Sensar Service. Sensar Content and the Sensar Service may change from time to time or vary by geographic location. Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete.

Use of the Sensar Service should not replace your good judgement and common sense.

 

11. DMCA/COPYRIGHT POLICY

Sensario AS respects the intellectual property of others and expects its users to do the same. It is Sensar’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.

 

12. TERMS OF SALE, RETURNS AND WARRANTY AND PAID SERVICES

Sensar’s Terms of Sale and Returns and Warranty Policy apply to purchases of physical goods and services from Sensar. The Terms of Sale are incorporated into and are made a part of these Terms. All orders placed are subject to Sensar’s acceptance. We may accept, decline or place limits on your order for any reason.


13. FEEDBACK AND SUBMISSIONS POLICY

If you submit comments, ideas or feedback to us, you agree that we can use, disclose, reproduce, distribute and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Sensario AS, or obtained from sources other than you

 

14. ALERTS AND NOTIFICATIONS

As part of your use of the Sensar Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Sensar Service by contacting our customer support. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.


15. CHANGES TO THE SENSAR SERVICE

Sensar may change or discontinue, temporarily or permanently, any feature, component or content of the Sensar Service at any time without notice. Sensario AS is not liable to you or to any third party for any modification, suspension or discontinuance of any feature, component or content of the Sensar Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Sensar products without prior notice to you.


16. TERMINATION

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Sensar Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation or termination, we may delete or remove Your Data and/or other information related to your account. You may close your account at any time by contacting customer support.

 

17. DISCLAIMERS

THE SENSAR SERVICE AND SENSAR CONTENT AND/OR DATA ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SENSAR SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, DUE CARE AT SEA, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Sensar Service or Sensar Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Sensar Service or any Sensar Content.


18. INDEMNITY

You will indemnify and hold harmless Sensario AS or its officials, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable lawyers’ fees, arising out of or in any way connected with (i) your access to or use of the Sensar Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.


19. LIMITATION OF LIABILITY

NEITHER SENSAR, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SENSAR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SENSAR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENSAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


IN NO EVENT WILL SENSAR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SENSAR SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO SENSAR FOR USE OF THE SENSAR SERVICE OR TEN THOUSAND NORWEGIAN KRONERS (NOK 10.000), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SENSAR, AS APPLICABLE.


THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SENSAR AND YOU.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


20. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.


You agree that any dispute between you and Sensar arising out of or relating to these Terms of Service, the Sensar Service, or any other Sensar products or services (collectively, “Disputes”), such as the SmartBoat One, will be governed by the arbitration procedure outlined below.


Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the Laws of Norway without regard to its conflict of laws principles.


Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Sensar, you agree to try to resolve the Dispute informally by contacting post@sensarmarine.no. We will try to resolve the Dispute informally by contacting you via email. If a dispute is not resolved within 15 days after submission, you or Sensar may bring formal proceedings.


21. GENERAL TERMS

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Sensario AS and you regarding the Sensar Service, and/or the SmartBoat One, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sensar and you regarding the Sensar Service and Sensar Content.


We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Sensar Service. When you use the Sensar Service after a modification becomes effective, you are telling us that you accept the modified Terms.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.


You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Sensar’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be invalid. Sensar may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.


Any notices or other communications provided by Sensar under these Terms, including those regarding modifications to these Terms, will be given via email. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.


Sensar’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Sensar. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.


22. ADDITIONAL TERMS MAY APPLY

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.


CONTACT US

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.

You may contact us at post@sensarmarine.no or at our postal address below.

If you live in the European Economic Area, the United Kingdom or Switzerland:

SENSARIO AS
LYNGBERGET 18
5038 BERGEN


Terms and Conditions

1. Scope of Service: The service includes cellular communication between the SmartBoat One device and the Sensar Marine System Server, text (SMS) message communication between the Sensar Marine Server and the end user’s mobile phone, E-mail communication between the Sensar Marine Server and the End User, as well as access to the Sensar Marine Web Portal through the Internet. The Service also includes access to Support during the Contract Period, free software upgrades, as well as the right to use any software included in the Service.

2. Service Availability: The cellular service is available both domestically within Norway and Internationally. All cellular communication between the SmartBoat One device and the Sensar Marine System Server is included in the Service Charge. The End User hereby acknowledges that the availability of the Service may be affected by factors outside the Service Provider’s control such as, but not limited to, physical obstructions, availability of Internet connections, routing of data over the Internet, atmospheric conditions and other causes of radio interference and by faults in other telecommunication networks and systems to which the Network is connected. The End User further acknowledges that the provision of Service to End User relies on the proper functioning of Service Provider’s own equipment, as well as the proper functioning of telecommunications equipment not under Service Provider’s control. Specifically, End User acknowledges that:

·       The Senar Marine System Server and the satellite and other telecommunications systems operated by the Communications Providers are inherently capacity constrained;

·       Service may be refused or limited, without liability to Service Provider or any Communications Provider, due to capacity limitations, including capacity limitations due to any repair, testing, upgrade or modification work on the Sensar Marine System Server or the satellite and other telecommunications systems operated by the Communications Providers;

·       Emergency access on the satellite or other telecommunications systems operated by the Communications Providers by public safety organizations may preempt End User’s use on such systems; and

·       Service is subject to disruptions and/or deficiencies caused by atmospheric or terrain conditions or in-building conditions.

Accordingly, End User agrees that Service Provider’s obligations to provide Service to End User is subject to each of the following:

·       The proper functioning of the satellite and other telecommunications systems owned by the Communications Providers;

·       The proper functioning of any third party Gateway operator or carrier system relied upon to complete a transmission or call (such as long-distance, roaming, exchange or interconnection providers); and

·       The availability of capacity on the satellite and other telecommunication systems operated by the Communications Providers.

In connection with any adverse effect on the quality and availability of the Sensar Marine Service described above, neither the Service Provider nor any Communications Provider shall incur any liability to the End User whatsoever. Notwithstanding such effects to the Services during the Contract Period, the End User shall remain liable for the payment of the Service Charge.

3. Roaming: Every nation has the sovereign right to specify limits on roaming. It is End User’s responsibility to be cognizant of, and compliant with any laws or requirements imposed by the location that they roam into, and to confirm that they are allowed to use the Sensar Marine Device in that location. Neither the Service Provider nor any Communications Provider shall be liable for confiscation of equipment, lost revenue, fines, penalties or any other consequences resulting from illegal or disallowed roaming usage.

4. Contract Period: Each Service Agreement has a defined Contract Period, which commences on the date the first Billing Cycle starts. The End User agrees that in no event may the Service be suspended or cancelled by the End User during the Contract Period and that the End User will continue to pay the Service Charge throughout the Contract Period.

5. Service Charges: The End User is required to pay the Service Charge promptly during the Contract Period or for as long as the Service Agreement is in effect. The Service Charge is automatically billed to the End User’s credit card on the monthly or yearly anniversary of the Service Agreement throughout the Contract Period (the “Billing Cycle”). The End User is required to maintain and enter valid credit card information through the Service Provider’s web portal, a Distributor’s web portal approved by the Service Provider, or such other method approved by the Service Provider, and the Service Charge will be billed and charged to such credit card each month or year. Upon the End User’s failure to pay the Service Charge when due, the Service Provider reserves the right to limit or terminate the End User’s use of the Service and/or to terminate the Service Agreement, and the End User shall remain liable to pay the Early Termination Fee. The Service Provider further reserves the right to adjust prices, terms, and conditions when factors outside Service Provider’s control require such adjustment, as determined by the Service Provider in its sole discretion, including adjustments to the prices, terms and conditions required by a Communications Provider. The Service Provider shall provide to the End User a minimum of one (1) months’ notice before any such adjustments take effect.

6. Early Termination Fee: The Sensar Marine Service Agreement may be terminated before the expiration date of the Contract Period, upon payment to Service Provider of an early termination fee of NOK 500.00 (the “Early Termination Fee”). The early termination fee is determined by the remaining Contract Period.

9. Automatic Continuation of Service Contract: After the initial Contract Period has ended, the End User may continue to use the Service until the End User terminates the Service Agreement in the manner described below or until the End User ceases to pay the Monthly or Annual Service Charge. After the expiration of the initial Contract Period, the End User has the right to terminate the Service Agreement by giving notice, in writing, to the Service Provider, in the manner set forth below. The Monthly Service Charge (or a pro rata portion of the Annual Service Charge) will continue to be due from the End User for one (1) full month following date that the termination notice is given to the Service Provider.

7. Termination of Contract: After the Contract Period has expired, the Service Agreement may be terminated by the End User by giving notice, in writing, to the Service Provider. the End Users online/ app account)

Such termination of the Service Contract will become effective one (1) month after the first day of the month immediately following the date that such written notice has been received by the Service Provider. A confirmation of Termination will be sent by the Service Provider to the End User.