Registration Full Terms and Conditions
 
Please read this EULA carefully. It constitutes a binding agreement between you and Technology Systems, Inc., hereinafter referred to “TSI”, for the use of this application and all data contained within this application (application and data are hereinafter referred to collectively as “application”). Your use of this application is subject to the terms and conditions of this EULA. By clicking the “Accept” button or using this application, you agree to be legally bound by all terms and conditions contained in this EULA.
 
TSI reserves the right to change or modify any of the terms and conditions of this EULA at any time by posting the changes in this application. The most current version of the terms and conditions can be reviewed by going to “Settings” within the application then to “Legal”. You should visit this location every time you use the application to review the terms and conditions. Any changes or modifications to the terms and conditions will be effective on the date the change or modification is made. Your use of this application following the date of any changes or modifications will constitute your acceptance of the terms and conditions as revised. If you do not agree to the revised terms and conditions, then you must stop using this application.
 
Account Users and Registration Obligations
In order to use AIS-i, you are required to register and/or create a User Account with TSI. By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account username. You agree to promptly notify TSI of any unauthorized use of the password or any other breach of security with respect to AIS-i. TSI, in its sole and absolute discretion, may at any time terminate or otherwise restrict access to and use of AIS-i by you.
 
A User Account may be used to submit, post, and transmit location and identification information and/or other types of content. You may not impersonate someone else (e.g., adopt the identity of a celebrity, fictional character or real person other than yourself) and the email address you provide must be your own.
 
In consideration of use of the Service, you agree to:
1. provide true, accurate, current and complete information about yourself and
 
2. maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TSI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TSI has the right to suspend or terminate your account and refuse any and all current or future use of AIS-i (or any portion thereof).
 
 
User Information
Content you share via AIS-i whether via AIS functions, chat, text, image or other means, is transmitted at your sole risk. You hereby represent and warrant that you own or have the right to submit the foregoing to us.
 
You are strictly prohibited from uploading to AIS-i any material that contains any virus, worm, "trojan horse", "time bomb", or similar contaminating or destructive feature. Violators may be prosecuted to the maximum extent of the law.
 
Scope of Permitted Use
You agree to use AIS-i only for the lawful purposes described above. You shall not: (i) post or transmit on or through any AIS-i website any libelous, obscene or otherwise unlawful information of any kind; (ii) interfere with, disable, modify, decompile, or reverse engineer AIS-i in any way; (iii) engage in any conduct involving AIS-i that would constitute a criminal offense or give rise to civil liability under any local, state, federal or other law or regulation; or (iv) upload, post, reproduce or distribute to or through AIS-i, including any TSI website, any material protected by copyright, privacy or other proprietary right without first obtaining a written license from the owner thereof.
 
 
1. OWNERSHIP. This application contains the valuable proprietary content of TSI and its licensors and is protected by copyright and other intellectual property laws and treaties. TSI and its licensors retain all right, title and interest in the copyrights, patents, trade secrets, trademarks and other intellectual property rights pertaining to this application. This application is licensed, not sold to you, and you agree not to use this application except in its intended manner in accordance with the terms of this EULA.
 
2. LICENSE USE AND RESTRICTIONS ON USE. For each license, you may install this application on one mobile computing device. This application may be used strictly as a supplement to official navigation information and traditional navigation techniques and not as the sole or primary method of navigation or for any other purpose whatsoever. Always navigate by reference to a current navigational chart or map. In addition, you must pay attention to surrounding environmental conditions and situations and this application may not be used where such use might interfere with the safe operation of any watercraft. This application is intended for recreational use only. Use of this application by SOLAS (safety of life at sea) class, commercial or military watercraft or as otherwise prohibited by applicable law is strictly prohibited.
 
AIS-i may contain links to sites that are not maintained by us. While we make every effort to include links to only those sites that are in good taste and safe for our visitors, we do not regularly review materials posted at such sites. These links are provided solely as a convenience to you. We do not necessarily endorse all of the materials appearing on such sites. We shall not be responsible for, and we make no representation regarding, the content on such sites. If you choose to link to any third-party site, you do so at your own risk.
 
You have read our Privacy Policy, the terms of which are incorporated herein, and agree to such terms.
 
You shall not: (a) copy, reproduce, or publish this application or any portion thereof; (b) distribute copies of this application or accompanying materials to others; (c) modify, adapt, translate, reverse engineer, or decompile this application or create derivative works based on this application; (d) modify, adapt, translate, or create derivative works based on the printed, electronic, or written materials; (e) assign, rent, lend, or sublease this application; or (f) sell or transfer this application.
 
Further, you cannot:
 
A. Use any device, software, or routine that interferes or attempts to interfere with the normal operation of AIS-i;
 
B. Perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment;
 
C. Use any "robot", "spider", or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.
 
 
3. TERMINATION. This EULA will automatically terminate if you fail to comply with any term of this EULA or any applicable law.
 
4. NO WARRANTY AND DISCLAIMER. You expressly acknowledge and agree that use of this application is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. To the maximum extent permitted by applicable law, this application is provided “AS IS” and “AS AVAILABLE” with all faults and without warranty of any kind. TSI hereby disclaims all representations, warranties and conditions with respect to this application, either express, implied or arising by law, including, but not limited to, the implied warranties and/or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, quiet enjoyment, and non-infringement of third party rights. TSI does not warrant that the functions contained in this application will be accurate or meet your requirements, that the operation of this application will be uninterrupted or error-free, or that defects in this application will be corrected. No oral or written information, guidelines or advice given by TSI or its authorized representative shall create a warranty. You further acknowledge that this application and related services are not intended as or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in the content, data or information provided by this application or services could lead to death, personal injury, or severe physical or environmental damage, including without limitation nautical navigation or vessel traffic control systems.
 
Location data provided by this application or any services are for situational awareness purposes only and not intended for nautical navigation and not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data could lead to death, personal injury, property or environmental damage, or violation of laws or any other applicable maritime regulations. TSI does not warrant the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by this application or services. Use of this location data is at your sole risk.
 
Nautical navigation is an inherently dangerous activity and should only be engaged in by persons with adequate training and experience.
 
This application may not contain all nautical navigation data needed for safe nautical navigation. Only current official government charts and notices to mariners contain all information needed for safe nautical navigation.
 
This application is not adequate as a primary means of navigation, and should be used only as a supplement to official government charts and traditional navigation methods to aid in situational awareness of the surrounding environmental conditions.
 
This application is derived, in part, from data provided with the permission of various national hydrographic offices and other third party sources (the “licensors”). TSI is an authorized user and licensee of this data under separate agreements with the licensors. All rights are reserved by the respective licensors and copyright restrictions apply.
 
Information about the source of a specific nautical chart may be viewed by choosing “details / data source” in the navigation system.
 
TSI is not responsible for defects in this application due to incorrect or missing information from these licensors or other third party sources.
 
No licensor has verified this application and no licensor accepts any liability for the accuracy of this application or for any modifications that may have been made to the information supplied. Furthermore, no licensor warrants that the data meets any regulations as an appropriate product for navigation or that it contains the most current hydrographic information available.
 
5. LIMITATION ON LIABILITY. To the extent not prohibited by law, in no event shall TSI be liable for any direct, incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the application, however caused, regardless of the theory of liability (contract, breach of warranty, tort, strict liability or otherwise) and even if TSI has been advised of the possibility of such damages. In no event shall TSI’s total liability, whether in contract, warranty, tort (including negligence, whether TSI, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the application exceed one dollar (US $1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
 
Under no circumstances, including, but not limited to, negligence, shall TSI, and/or our Providers, be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to and use of AIS-i, or your downloading of any materials, data, text, images or other information from AIS-i.
 
TSI explicitly and comprehensively disclaims all liability based on third-party content. TSI will research any complaint about third-party content but cannot guarantee that the content will be modified or removed. Decisions are at the sole discretion of TSI.
 
Some states and jurisdictions do not allow limitations on direct, indirect, incidental, or consequential damages, so the above limitations or exclusions may not apply to you.
 
If a court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on TSI’s liability set forth in this section will apply to the fullest extent permitted by law. If TSI cannot exclude or limit a warranty or liability implied by law, this EULA will be read and construed subject to such provisions of law.
 
6. INDEMNIFICATION. You shall defend and indemnify TSI, our licensors, and each of their respective officers, directors, employees, and agents, from and against any claim, cause of action, or demand, including claims by third parties, and costs and expenses (including attorneys' fees), incident thereto or incident to successfully establishing the right to indemnification, arising out of or relating to any claims for injury to or death of any person or persons, including your employees, or for loss of or damage to any property, including any watercraft, or otherwise arising out of or in any way relating to your utilization of AIS-i provided hereunder, whether or not arising in tort or occasioned by the negligence of TSI. Your obligations under this indemnity will survive the termination of this EULA.
 
7. EXPORT COMPLIANCE. You are responsible for your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the governments of the U.S. and, if applicable, other countries. You shall not attempt to, or knowingly export or re-export the application covered under this EULA to any country or national thereof prohibited from obtaining such application, either directly or indirectly. Each party shall, at its sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct its respective activities hereunder. Nothing in this clause releases you from any obligation stated elsewhere in this EULA not to disclose such application.
 
8. ENTIRE AGREEMENT. This EULA contains the entire understanding of the parties hereto relating to the subject matter hereof. No waiver or modification of any of the terms hereof by you will be valid unless in writing and signed by both TSI and you. No waiver of any breach will be deemed a waiver of any subsequent breach. If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will not be affected.
 
9. GOVERNING LAW. This EULA will be interpreted under and governed by the laws of the state of Maine, U.S. without recourse to choice of law statutes or principles that would otherwise result in the application of the law of any other jurisdiction to this EULA. The United Nations convention on contracts for the international sale of goods will not apply to this EULA.
10. CONFLICTING DOCUMENTS. In the event you issue a purchase order for your request of the application, the terms and conditions therewith are hereby rejected by TSI and this EULA will govern and take precedence over all other terms and conditions contained on or referenced by such purchase order.
 
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
 
Supplemental Terms regarding Apple® products.
 
When you download or use the application on any Apple® Operating System, the following terms apply and you agree as follows:
 
A. Acknowledgement: The parties acknowledge that this EULA is concluded solely between such parties, and not with Apple, and TSI, not Apple, is solely responsible for the application and the content thereof. You further acknowledge that the usage rules for the application are subject to any additional restrictions set forth in the usage rules for the Apple app store terms of service as of the date you download the application, and in the event of any conflict, the usage rules in the app store shall govern if they are more restrictive.
 
B. Scope of license: The license granted to you is limited to a non-transferable license to use the application on any iPhone, iPod touch or iPad that you own or control as permitted by the usage rules set forth in the Apple App Store terms of service.
 
C. Maintenance and support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
 
D. Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to this application. In the event of any failure of this application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for this application to that end-user; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this application. The parties acknowledge that to the extent that there are, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty they would be the sole responsibility of TSI. However, you understand and agree that in accordance with the EULA, TSI has disclaimed all warranties of any kind with respect to this application and, therefore, there are no warranties applicable to this application.
 
E. Product claims: the parties acknowledge that as between Apple and TSI, TSI, not Apple, is responsible for addressing any claims of the end-user or any third party relating to this application or the end-user’s possession and/or use of that application, including, but not limited to: (i) product liability claims; (ii) any claim that this application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
 
F. Legal compliance. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and you are not listed on any United States government list of prohibited or restricted parties.
 
G. Intellectual property rights. You acknowledge that, in the event of any third party claim that your possession and use of this application infringes that third party’s intellectual property rights, Apple will have no responsibility or liability whatsoever for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
 
H. Third party terms. You must comply with applicable third party terms and conditions when using this application.
 
I. Third party beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions contained herein, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
 
J. Name and address of TSI.
 
Technology Systems, Inc.
14 Maine Street – Suite 306 – PMB 41
Brunswick, ME 04011
 
By pressing accept, you confirm that you:
1. Acknowledge the above warning and accept the limitations of this product TSI.
2. Have read the documentation for this product, including its notes, and the TSI data license agreement, and agree to be bound by the terms of the TSI data license agreement.
 
Privacy Policy
 
A. Overview
 
In order to operate the AIS-i service and to reduce the risk of fraud, TSI ("TSI" or "we") must ask you to provide us information about yourself. This Privacy Policy describes the information we collect and how we use that information.
 
If you have questions or concerns regarding this Privacy Policy, you should contact TSI at [address to be supplied]
 
By accepting the Privacy Policy and the Terms of Use agreement with your registration, you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use agreement. This Privacy Policy will take effect on April 1, 2012. This Privacy Policy was last updated on April 1, 2012.
 
Please note that your personal information will be stored and processed on computers in the United States. The laws on holding personal data in the United States may be less stringent than the laws of your country but TSI will hold and transmit your personal information in a safe, confidential and secure environment. If you object to your personal information being transferred or used as described in this Privacy Policy, please do not register for the AIS-i service or use the AIS-i web sites.
 
B. Notification of Changes
 
This policy may be revised over time as new features are added to the AIS-i service or as we incorporate suggestions from our customers. If we are going to use or disclose your personally identifiable information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner. Any material changes will be effective only after we have posted the changes to our Web site at least 30 days in advance of the amended Privacy Policy.
 
We will post the amended Privacy Policy prominently on our Web site so that you can always review what information we gather, how we might use that information, and whether we will disclose it to anyone. Please check the AIS-i Web site at www.AIS-i.com at any time for the most current version of our Privacy Policy.
 
Pages on the AIS-i web site may include links to third party web sites. These sites are governed by their own privacy statements, and TSI is not responsible for their operations, including but not limited to their information practices. Users submitting information to or through these third party Web sites should review the privacy statement of these sites before providing them with personally identifiable information.
 
C. Public Information
 
Any and all information that is provided by users to AIS-i applications, servers, or web sites is done so at the user’s risk, and is considered public information for all legal purposes. If you do not want to share this information with the public, then it should not be entered into the AIS-i system. By entering information into AIS-i you grant TSI the right to share this information without restriction.
A primary benefit of AIS-i is its ability to enhance safety and situational awareness by sharing vessel locations, identities, and related information. Therefore, certain information you provide will be shared with other AIS-i users and is inherently “public” in nature. Other information, such as text messages or pictures intended for use only by user-selected recipients is treated by TSI as “private” in nature, and will not be openly shared with the public. Lastly, users may select whether to share certain information with the public, for example, smart-phone users may choose whether or not to make visible a cell phone number associated with a particular username or ID. Users are reminded that while TSI will use its best efforts to maintain privacy for certain types of information, any and all information that is provided by users to AIS-i applications, servers, or web sites is done so at the user’s risk, and is considered public information for all legal purposes.
 
D. Information we receive and how it is used
 
1. User Information
 
This is the user identification information required to run the AIS-i application, and is used to enable TSI to provide better service. This includes your username, real name, email address, type of device, and other contact / profile information. Only one device is allowed for each username, and users with multiple devices should create unique usernames for each device. Only the username is shared without restriction through AIS-i. Users may elect to share certain additional elements (such as a cell phone number), through the selections option in the User/Settings page within the application.
 
2. Vessel Information
This is the vessel identification information associated with a vessel, including the vessel name, type, length, homeport and other descriptive information. This information is required to run the AIS-i application, and all information is shared without restriction through AIS-i. Note that multiple Users can all use the same Vessel, such as on a large yacht with multiple crew members and guests. Likewise, a User may have several Vessels associated with its profile, selecting the appropriate Vessel whenever AIS-i is invoked.
 
3. AIS-i Data
 
AIS-i applications create AIS-i data streams that include location, course made good, and other descriptive information. This data is collected at AIS-i servers and then shared with other AIS-i applications, vessel traffic management systems, and other subscribers. All AIS-i data is considered public data and may be shared without restriction.
 
4. AIS-i Other Data
 
This is the other information that you may enter when using AIS-i, and includes text messages, images, and so forth. This information is shared through AIS-i servers, where it is stored for distribution to the AIS-i users you select through chat and chat room services. This data is handled as private data to the best extent possible, but Users are reminded that any and all information provided by users to AIS-i applications, servers, or web sites is done so at the user’s risk, and is considered public information for all legal purposes.
 
5. We also receive other types of information about you:
 
• We receive data about you whenever you interact with AIS-i, such as when you look up information about vessels in the area, or send someone a message.
• When you post things like photos or videos on AIS-i, we may receive additional related data (or metadata), such as the time, date, and place you took the photo or video.
• We receive data from the computer, mobile phone or other device you use to access AIS-i. This may include your IP address and location.
 
 
 
E. Deleting and deactivating your account
 
If you want to stop using your account, you can either deactivate or delete it.
 
Deactivate
Deactivating your account puts your account on hold. Other users will no longer see your profile, but we do not delete any of your information. Deactivating an account is the same as you telling us not to delete any information because you might want to reactivate your account at some point in the future. You can deactivate your account at:
 
Deletion
When you delete an account, it is permanently deleted from AIS-i. It typically takes about one month to delete an account, but some information may remain in backup copies and logs for up to 90 days. You should only delete your account if you are sure you never want to reactivate it. You can delete your account at:
 
F. Responding to legal requests and preventing harm
 
We may share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; and to prevent death or imminent bodily harm.
 
G. Access requests
 
We provide initial responses to access requests within a reasonable period of time, typically within thirty days. You can also download a copy of everything you've put into AIS-i by visiting your “Account Settings” and clicking on “Download a copy of your AIS-i data”.
 
H. Notifications and Other Messages
 
We may send you notifications and other messages using the contact information we have for you, like your email address. You can control most of the notifications you receive, including ones from Pages you like and applications you use, using your “Notifications” settings.
 
I. Change of Control
 
If the ownership of our business changes, we may transfer your information to the new owner so they can continue to operate the service. But they will still have to honor the commitments we have made in this privacy policy.
 
J. Notice of Changes
 
If we make changes to this Privacy Policy we will notify you by publication here and on the AIS-i Site Governance Page. If the changes are material, we will provide you additional, prominent notice as appropriate under the circumstances. You can make sure that you receive notice directly by liking the AIS-i Site Governance Page.