Saildrone Terms of Service

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 Data Portal, the User ("YOU"), on behalf of an Authorized Agent or Organization, 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 Data Portal useful. We welcome input from our Users and are excited to see the amazing experiences YOU are having, by using SAILDRONE's Data Portal. On behalf of Your Authorized Agency or Organization and effective on the date of site registration, YOU agree that access to SAILDRONE's Mission Portal (the "Portal", or alternatively, the "Application") is provided to YOU conditioned upon Your acceptance of the terms, conditions, and notices contained herein. SAILDRONE has sole discretion to decide which types of data, information or other communication can be uploaded or viewed on the Portal.

By using the Portal, YOU agree to these terms and conditions. SAILDRONE may modify, suspend, discontinue or restrict the use of any portion of the SAILDRONE's Portal, including the availability of any portion of the content at any time, without notice or liability. By "Application," we mean any SAILDRONE software application, functionality, website, product, or service that YOU use. Users are required to comply with SAILDRONE's Data Portal 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 Data Portal 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 Application and/or Services, YOU signify Your understanding and agreement to these Terms of Service and SAILDRONE's Data Portal 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 Data Portal 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.

Description of Service

Unless expressly agreed to by SAILDRONE and an Authorized Client, the Portal provides YOU, on behalf of an Authorized Client, with access to information displayed on the Portal for deliveries of data, information, documents, and communications for the Authorized Client's respective account only. The information, documents, and communications on the Portal are provided as a convenient resource to YOU and may be used for informational purposes only.

Service Availability

SAILDRONE will use its best efforts to provide 24 hour daily availability of the Portal and/or Services. However, SAILDRONE makes no representation or warranty that 24 hour service will be available. YOU agree and acknowledge that the Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures. SAILDRONE shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Portal. SAILDRONE is not responsible for any problems or technical malfunctions of any telephone or fiber network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail to be received by SAILDRONE on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to your computer or peripherals related to downloading any materials in from the Portal.

User Password and Security

Using the Portal and its related services requires the use of a User name and password. The confidentiality of the User name, password and account itself are the responsibility of the User. Any activities that occur under User accounts are their responsibility. YOU agree to notify SAILDRONE immediately of any unauthorized use of accounts or any other breach of security. The use of another person's username and password is expressly prohibited.

YOU acknowledge that the use of username and password is an adequate form of security. YOU are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining strict confidentiality of your User name and password, (2) not allowing another person to use your username or password, (3) any changes or damage that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing SAILDRONE in writing of any need to deactivate a username due to security concerns or otherwise.

SAILDRONE is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or Your authorization to allow another person or entity to access and use SAILDRONE's Portal using Your username or password. YOU shall immediately notify SAILDRONE of any unauthorized use of Your username or password and any breach of confidentiality. Until SAILDRONE receives this notification from YOU, YOU will be held liable for any harm ensuing from the use of Your username on SAILDRONE's Portal.

SAILDRONE will use its best efforts to make the Portal secure from unauthorized access. The Portal will require industry standard 128bit encryption on all communications between your device and the Portal server. The Portal server operating system and applications software will be updated and virus-scanned regularly. However, YOU recognize that no completely secure system for electronic data transfer has yet been devised. SAILDRONE MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE PORTAL AND SHALL NEVER BE LIABLE FOR ANY CLAIMED ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OR ALLEGED BREACH OF SECURITY OF THE PORTAL.

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. On behalf of an Authorized Agency or Organization, 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 SAILDRONE and/or a User 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 Data Portal 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 Data Portal 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 Data Portal, YOU are prohibited from:

Collecting, storing, and using Data without obtaining SAILDRONE's express consent
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 Data Portal 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 Data Portal
Otherwise exploiting Data in a way not approved by SAILDRONE and not disclosed to and permitted by any other Users

Law and Safety

On behalf of the Authorized Agency or Organization, Your use of SAILDRONE's Data Portal 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 Data Portal 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 Data Portal and/or any of the Services.
Spamming, harassing, stalking, intimidating or threatening Users or any SAILDRONE employee or agent acting on its behalf
Allowing impersonation of Users or otherwise allowing for false representations within SAILDRONE's Data Portal
Facilitating violations of the law
Infringing on anyone else's intellectual property rights (including SAILDRONE's)
Representing that Your use of SAILDRONE's Data Portal 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 Data Portal 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 Data Portal and/or the Services.

These Terms will change as SAILDRONE's Data Portal 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 and on behalf of the Authorized Agency or Organization, SAILDRONE grants YOU a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable, worldwide license for Licensee's official 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 Data Portal, any of our Products, and/or Services.

Here Are the Basic Rules

Your license to access our Portal, Products and/or Services is limited and subject to compliance with these Terms and our Privacy Policy. Further, YOU will not: (A) access our Portal, Products and/or Services in violation of any law or regulation; (B) access our Portal, 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 Mission Portal and/or Services, (ii) poses a security vulnerability to SAILDRONE's Customers or Users of the Services, or (iii) tests the vulnerability of our systems or networks; (C) access our Portal, Products and/or Services, in order to replicate or compete with the Application and/or Services; (D) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our Portal, Products and/or Services; or (E) attempt to use our Portal, Products and/or Services, 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, unless expressly authorized by SAILDRONE or 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 (https://data.saildrone.com/privacy.html), 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 Jurisdiction

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.

Limitation 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 January 01, 2019.

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 support-mission@saildrone.com.