By accessing our Application, you represent that:

• you are at least 18 years of age;
• you are an employee or authorized representative of the Ship Owner identified in your registration information; and
• that you have been duly authorized to use the Application by the Ship Owner identified in your registration information (“Authorized User”).
  
  

Furthermore, as an Authorized User, you agree that you will:

• provide only accurate and truthful information through the Application, to the best of your knowledge;
• update all the information you provide if any such information changes during the time that you are an Authorized User;
• notify us immediately of any change in your eligibility to use the Application, (for example, if you are no longer an Authorized User of a Ship Owner);
• notify us immediately of any known or suspected breach of security or unauthorized use of your registration credentials for the Application
• use the Application in a respectful, professional manner; and
• comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.
  
  

You also agree not to engage in any of the following while using our Services:

• upload, post, or transmit content through the Services that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, slanderous, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• use another person’s sign-in details to access the Application, nor provide your sign-in details to any other person or entity;
• violate the intellectual property rights of ShipIn or third-parties, including, without limitation, copying or distributing content, technology and/or materials;
• upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• imply or state that you are affiliated with or endorsed by ShipIn without our express consent;
• rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without ShipIn’s express consent;
• use bots or other automated methods to access the Application, add or download contacts, send or redirect messages;
• monitor the Services’ availability, performance or functionality for any competitive purpose;
• engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
• stalk or otherwise harass another user of our Application or any of our employees;
• harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person;
• knowingly provide or submit false or misleading information;
• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or content for any purposes not authorized by these TOS;
• upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, spiders, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• attempt to interfere with or disrupt our servers or networks; and
• intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including applicable international, federal, state, provincial or other local laws, rules or regulations relating to personal information, data privacy, information security, personally identifiable information, identity theft, data breach notification, trans-border data flow or data protection.

We have the right, but not the obligation, to monitor our Services to determine compliance with these TOS and any other operating rules we have established and to satisfy any law, regulation or authorized government request. We have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on our Services. We reserve the right to restrict, suspend, or terminate your account if you misuse our Services or if you violate these TOS.

TOS terminate with respect to software, documentation or data related to the Application upon the earlier of ShipIn’s termination with you or the termination or expiration of the underlying agreement between ShipIn and the Ship Owner on whose behalf you are authorized to access the Application. Upon termination or expiration of these TOS, you must immediately terminate all use of, and refrain from further use of, the Application (and any other ShipIn materials in your possession) and destroy or delete all copies of such material that are in your possession, or the possession of subcontractors or agents or affiliates of you or the party on whose behalf you were provided with access to the Application. Upon ShipIn’s request, you shall deliver a certificate certifying as to compliance with these termination duties.

Authorized Users alone are responsible for the content they provide on the Application and through the Application (“User Generated Content”). Authorized User assumes all risks associated with User Generated Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. Each Authorized User represents that he/she owns or has the necessary permissions to use and authorize the use of the content comprising User Generated Content that you provide to the Application.

As an Authorized User, you may expose yourself to liability if, for example, your User Generated Content, including the responses you provide to our questions, contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these TOS.

The contents of our Services are protected by copyright, trademark and other intellectual property laws and, except as otherwise expressly set out in these TOS, may not be used, copied, reproduced, sold, published, distributed, displayed, retransmitted or modified, without the express prior permission of ShipIn.

You acknowledge and agree that the software, documentation or data related to the Application are licensed, not sold, to you and you do not have any ownership interest in the Application, or in any related intellectual property rights, including all proprietary rights, improvements, modifications, enhancements and/or developments thereto, other than your own User Generated Content. You understand and agree that ShipIn shall retain all right, title and interest in and to any and all software, documentation or data related to the Application. No right, title, or interest in or to the software, documentation or data related to the Application are transferred to you, and all rights not expressly granted under this TOS are reserved by ShipIn.

“ShipIn™”and other graphics, logos, designs, page headers, button icons, scripts, and service names available on the Services are the trademarks of ShipIn. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, in any manner that is likely to cause confusion.

ShipIn considers the software, documentation or data related to the Application, along with training materials, release plans, feature designs, and supporting documentation to be a trade secret. ShipIn does not disclose any information to its competitors or potential competitors and expects you to not disclose any such material to a ShipIn competitor or potential competitors. You shall not use this trade secret design, code, or documentation gained by access to the software, documentation or data related to the Application to develop a competing software product, or share with competitors or potential competitors of ShipIn.

You represent, warrant and covenant that neither you nor the entity on whose behalf you are authorized to access the Application currently have a product or service, whether completed, in development or planned, which would be competitive with the Application or business of ShipIn and will not directly or indirectly, develop, market, sell or assist third party in the development, marketing or sale of a product which would be competitive with the Application or business of ShipIn at any point during the Term and for twenty four (24) months thereafter. You acknowledge that ShipIn is relying on such representations, warranties and covenants in providing you with access to its Application and associated content and documentation.

As between you and ShipIn, you own your User Generated Content but by providing any User Generated Content to our Application or through our Application, you understand that ShipIn does not guarantee any confidentiality with respect to the User Generated Content and hereby grant a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to ShipIn a to use, reproduce, distribute, prepare derivative works of, and display your User Generated Content in connection with the provision of the Application and otherwise in connection with the provision of our business Application (including industry reporting), without any further consent, notice and/or compensation to you or others. Without limiting any other provision of these TOS, you represent and warrant that any User Generated Content about Service Providers is accurate and truthful, to the best of your knowledge.

If we would like to publish your name, voice, likeness and other personal information that you provide in the course of using our Application for advertising, marketing, publicity and promotional activities, we will ask you for your permission first.

You hereby release and waive all claims against ShipIn with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.

Please know that ShipIn respects your privacy. A complete statement of our current privacy practices can be found here (“Privacy Notice”) https://shipin.ai/privacy-policy/. Our Privacy Notice is expressly incorporated into these TOS by this reference.