Terms of Use & Data Disclaimer

1. Who we are and what these terms cover

These Terms of Use ("Terms") govern your access to and use of the ShipWatch website at shipwatchapp.com, together with all related pages, maps, data displays, application programming interfaces, assistants and features (together, the "Service"). The Service is operated by ShipWatch ("ShipWatch", "we", "us").

By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by them. If you do not agree, you must not use the Service. If you use the Service on behalf of an organisation, you confirm that you are authorised to bind that organisation, and "you" includes that organisation.

2. Nature of the information — no accuracy warranty

The Service displays information derived principally from the Automatic Identification System ("AIS") and from commercial maritime registers supplied by third parties. You acknowledge and accept each of the following:

• AIS data is self-reported by vessels. Position, course, speed, navigational status, destination, estimated time of arrival, draught and cargo information are entered or generated by equipment and personnel on board the vessel. ShipWatch does not verify this information and cannot do so.
• AIS data may be wrong, stale, incomplete or absent. Transponders may be switched off, may fail, may be incorrectly configured, or may be deliberately manipulated or spoofed. Destination and ETA fields are frequently out of date because crews do not always update them.
• Coverage is not global or continuous. Reception depends on terrestrial receiver networks and, where available, satellite reception. Vessels may be invisible to the Service for extended periods, particularly on open ocean. Absence of a vessel from the Service is not evidence that the vessel does not exist, is not at sea, or is not at a given location.
• Register data may be out of date. Ownership, management, classification, insurance and inspection records are supplied by third-party data providers, are updated periodically rather than continuously, and may not reflect the current legal position. Where we hold a last-updated date, we display it.
• Derived and estimated information is not fact. Calculated arrival times, arrival windows, confidence scores, distances, average speeds, voyage progress, port congestion figures, port call logs, detected events and any analysis produced by the ShipWatch Assistant are statistical estimates produced by ShipWatch from imperfect inputs. They are clearly labelled as calculated within the Service. They are opinions derived from data, not statements of fact, and they may be materially wrong.

The Service and all information within it are provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory, including without limitation any warranty of accuracy, completeness, timeliness, fitness for a particular purpose, merchantability or non-infringement.

3. Prohibited safety-critical uses

You must not use the Service, alone or in combination:

• for navigation, passage planning, manoeuvring or collision avoidance;
• as an input to any bridge, engine-room or vessel-control system;
• for search and rescue, distress response or emergency coordination;
• for vessel traffic services, pilotage, mooring or any other operational decision affecting the safety of a vessel, its crew, its cargo or the marine environment;
• as a substitute for official sanctions, embargo, export-control or anti-money-laundering screening; and
• as a sole basis for any legal, insurance, chartering, financial or commercial decision.

Where information from the Service is relevant to any decision of consequence, you must independently verify it against official and authoritative sources before acting.

4. No professional advice

Nothing in the Service constitutes legal, regulatory, insurance, chartering, brokerage, investment, tax or technical advice, and no professional relationship is created by your use of it. The ShipWatch Assistant is an automated tool; its output is not advice and is not reviewed by a person before you see it.

5. Limitation of liability

To the maximum extent permitted by applicable law, ShipWatch, its officers, employees, contractors, suppliers and data providers shall not be liable for any loss or damage arising out of or in connection with your use of, or reliance on, the Service or any information within it, including without limitation:

• loss of profit, revenue, charter hire, freight, business, contracts, opportunity, goodwill or anticipated savings;
• demurrage, detention, delay, deviation or port costs;
• loss or damage arising from a vessel arriving earlier or later than any estimate shown, or not arriving at all;
• loss or damage arising from a vessel, company, port or record being displayed inaccurately, incompletely or not at all; and
• any indirect, special, incidental, consequential or punitive loss, however arising, whether in contract, tort (including negligence), breach of statutory duty or otherwise, and whether or not foreseeable.

Where liability cannot lawfully be excluded, our total aggregate liability to you in respect of all claims arising in any twelve-month period is limited to the greater of (a) the total amount you paid us for the Service during that period, and (b) EUR 100.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow certain exclusions or limitations, in which case the exclusions and limitations above apply to the fullest extent permitted in that jurisdiction.

6. Third-party data and intellectual property

The Service incorporates data licensed from third-party providers. That data remains the property of those providers and is made available to you solely for viewing within the Service. The ShipWatch name, interface, design, database compilation, derived analytics and software are protected by intellectual property rights owned by or licensed to ShipWatch.

You must not, without our prior written permission:

• copy, scrape, harvest, mine, systematically extract, re-utilise, redistribute, resell, sublicense or otherwise commercially exploit data obtained from the Service;
• use automated means to access the Service other than by a search engine indexing public pages in accordance with our robots file;
• build or train any dataset, database, model or competing product using data obtained from the Service; or
• circumvent, disable or interfere with any access control, rate limit or security feature.

7. Accounts, listings and paid plans

Certain features require an account. You are responsible for the accuracy of the information you provide, for the security of your credentials, and for all activity under your account. We may suspend or terminate an account that breaches these Terms.

Company listings submitted for display on the map are reviewed before publication. You warrant that you are authorised to submit the company details, logo and location you provide, and that they are accurate and do not infringe the rights of any third party. We may decline or remove any listing at our discretion.

Paid plans are not on sale at the date of this version. No payment is taken and no payment card details are stored. When paid plans open, separate subscription terms will apply in addition to these Terms and access to paid features will be granted only after a payment has been confirmed.

8. Availability and changes

We do not warrant that the Service will be available, uninterrupted or error-free. We may modify, suspend or discontinue any part of the Service, including any data source or feature, at any time.

We may update these Terms. Where a change is material, we will increase the version number shown above and ask you to accept the updated Terms before you continue to use the Service. Continued use after acceptance constitutes agreement to the updated Terms.

9. Sanctions and lawful use

You are responsible for ensuring that your use of the Service complies with all laws applicable to you, including sanctions, embargo, export-control and data-protection law. You must not use the Service where doing so would breach such laws, nor for any unlawful, harassing, or surveillance purpose directed at individuals.

10. Governing law and disputes

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims) are governed by the laws of the Republic of Türkiye, without regard to conflict-of-law rules. The courts and enforcement offices of Istanbul, Republic of Türkiye, shall have exclusive jurisdiction, save that where you use the Service as a consumer, you retain the benefit of any mandatory protections and any right to bring proceedings in the courts of your country of residence under the law applicable there.

11. Severability and entire agreement

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force. These Terms, together with the Privacy Policy, constitute the entire agreement between you and ShipWatch in relation to the Service.

12. Contact

Questions about these Terms, or requests to correct information shown about a vessel or company, may be sent to shipwatchapp@gmail.com. Where a record originates from a third-party provider we will pass a correction request on, but we cannot guarantee that the provider will act on it.