My Silver Online Service - Terms of Service
These Terms of Service (“Terms”) govern your (”You” or “User”) access and use of the My Silver online platform (“Service”) provided by Oy Brandt Ab (Business ID: 0681161-3) (“Brandt”).
Please read these Terms carefully. By clicking the box referring to these Terms or by otherwise using or accessing the Service, you confirm that you have read, understood and agree to be bound by these Terms.
Each party is hereinafter individually referred to as the “Party” and together as the “Parties.”
Right to use the Service
The Service consists of an online platform for tracking the operational status and history of your vessel, including location, route and speed data, fuel and battery levels and engine alerts. The Service also includes an automated log book and access to manuals and tutorials. The functionalities of the Service are further specified here.
The Service is offered to owners of Silver vessels free of charge.
Subject to your compliance with the Terms agreed herein, Brandt grants You a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Service for the purposes set out herein.
The Service may only be used by individuals aged 16 and older.
User Accounts and Individual Vessels
When creating a user account and signing into the Service, you must submit accurate and current details as requested in the Service. Your account and password are personal. Do not disclose your password to third parties and do not let third parties use your user account. You are responsible for all use of the Service under your account.
Each individual vessel is identified and connected to the Service by inserting the individual of the vessel to the Service. Adding and managing vessels to your account is allowed only subject to the permission of the vessel owner. Please note that each individual vessel can be added to the Service only once, after which access to its data can be shared.
Please note that we have the right to delete your user account any time in case we deem that you have breached these Terms.
Restrictions of Use
Unless otherwise permitted in these Terms, Users may not:
- circumvent or attempt to circumvent any usage control or anti-copy features of the Service;
- probe, scan or test the vulnerability of the Service;
- use the Service and the content available through the Service in any manner that could damage, disable, overburden or impair the Service;
- use any data mining, robots, scraping, or similar data gathering or extraction methods;
- use, sell, rent, transfer, license or otherwise provide anybody with the Service and/or the content available through the Service, except as provided herein;
- interfere with Brandt’s other customers’ use of the Service;
- reverse engineer or decompile the Service or access the source code thereof;
- use the Service in violation of applicable law;
- use the Service in ways that violate intellectual property rights, business secrets or privacy of third parties;
- use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.
You are responsible for ensuring that your hardware, connections, software and data systems meet the operating environment of the Service and for ensuring that the Service fulfils your intended purpose of use. The use of the Service requires a functioning connectivity to internet.
Please note that Brandt is not responsible for obtaining the equipment or connections necessary for the use of the Service or for any costs relating thereto.
Certain functionalities of the Service may be provided by or integrated with services provided by third party service providers.
Brandt shall not be liable for any direct or indirect damages arising from the use of third party services. In addition, Brandt shall not be liable for interruptions to the availability of the services provided by third parties.
These Terms exclusively cover the Service and the use thereof and any and all linked third party services and platforms are provided by the relevant third parties and covered by their terms of service or other terms or licenses. Brandt does not assume any liability in regard to use of such third party services and platforms, whether or not they are linked to the Service.
Intellectual Property Rights
The Service is provided to You as a SaaS service.
All title and any intellectual property rights to the Services belong to Brandt or its licensors.
Intellectual property rights shall be understood in the broadest sense, including but limited to any copyright, patent, trademark, design right, database protection right, and any other form of statutory protection of any kind (whether registered or unregistered) and applications for any of the foregoing respectively as well as any know-how, inventions, and trade secrets in or related to the Service and thereto related documentation (including modifications, if any) and all parts and copies thereof.
Except as expressly stated herein, these Terms do not grant Users any intellectual property rights in the Service and all rights not expressly granted hereunder are reserved by Brandt and its licensors, as the case may be.
Brandt shall have the right to collect aggregated and anonymized analytics data from Users use of the Service. Such analytics data shall be proprietary to Brandt. Brandt may use such analytics data to e.g. develop its own products and services, generate statistics and compilations and use them for the service offerings as well as for its other commercial purposes.
Interfaces and integration tools
For the avoidance of doubt, all interfaces and integration tools relating to the Service are provided on an “as is” basis. Brandt may provide the User with such interfaces and integration tools as developed and implemented by Brandt from time to time. The User acknowledges that some interfaces or integration tools may be provided by third parties and/or may have connections or links to third party service providers’ software or systems. Brandt shall not, under any circumstances, be liable for the actions of such third parties or the parts of the interfaces or integration tools which are delivered, maintained or owned by third parties.
Brandt will strive to have the Service available 24 hours a day, 7 days a week.
Brandt shall however have the right to suspend the availability of the Service for a reasonable duration, if this is necessary in order to perform installation, change or maintenance work in respect of the Service. If Brandt suspends the Service for this reason, Brandt strives to inform Users of the suspension and the estimated duration of the suspension in advance and strives to minimize any inconvenience resulting from the suspension.
Brandt shall have the right to deny access to the Service without any prior notice, if Brandt suspects that the User burdens or uses the Service in a manner which may jeopardize the availability of the Service to other users.
Users further acknowledge that interruptions to the availability of the Service may also occur due to no fault of Brandt, for example, in the event of data connection disruptions or interruptions to the availability of systems or components delivered by third parties.
Data Storage and Deletion
Please note that certain vessel-related data (especially vessel location data) is only stored for set periods of time, after which it is automatically deleted. The Service is not intended for data storage purposes.
Please also note that while we strive to keep the historical vessel data available to Users for the set periods established, we cannot guarantee the availability or retention of the data in all circumstances.
Warranty and limitation of liability
Except as specifically provided under these Terms, the Service is provided "as is" and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of fitness for a particular purpose.
Brandt shall not be liable for any indirect or consequential damages, including but not limited to loss of data, loss of business or loss of goodwill. Brandt's total aggregate liability under or in connection with these Terms shall be limited to EUR 100.
Brandt has no other obligations or liabilities than those that have expressly been agreed upon in these terms, apart from those based on mandatory consumer legislation.
Indemnity obligations of Users
You hereby undertake to indemnify, defend and hold harmless Brandt and its affiliates and their respective agents, officers and employees for, from and against any and all claims, damages, costs and expenses (including reasonable legal costs) relating to your breach of the following provisions of these Terms:
- Section Intellectual Property Rights
- Section Restrictions of Use.
Term and Termination
These Terms shall enter into force immediately after the User has accepted these Terms as part of the sign in process and shall remain in effect until terminated by Brandt or until the user account is deleted.
Brandt shall not be liable for any unavailability, errors, delay or damage caused by an impediment beyond Brandt’s control and which Brandt could not have reasonably taken into account in advance, nor the consequences of which Brandt could not reasonably have avoided or overcome. Such force majeure events shall include, if not proven otherwise, inter alia, war or insurrection, earthquake, flood or other similar natural catastrophe, interruptions in general traffic, data communication or supply of electricity, import or export embargo, strike, lockout, boycott or other similar industrial action.
Brandt shall without delay inform the Users in writing of a force majeure event and the ceasing of such event.
Governing Law and Dispute Resolution
These Terms shall be exclusively governed by and construed in accordance with the laws of Finland without regard to its choice of law provisions.
Consumers in the EU: These Terns are without prejudice to the consumer’s statutory rights. Please note that the consumer protection laws of the User’s domicile may result in mandatory regulations not mentioned in these Terms.
Any dispute arising from or relating to these Terms shall be subject to amicable negotiations between the Parties. If no amicable settlement is reached, the dispute shall be settled by the District Court of Helsinki as the first instance.
As a consumer residing in the European Union you may also refer a dispute to online dispute resolution provided by the European Commission (please see http://ec.europa.eu/odr).
Swedish consumers may initiate proceedings in the court of their domicile or refer their case to the Swedish Consumer Agency (please see konsumentverket.se).
Changes to the Service or these Terms
Brandt may make modifications or changes to the Service at any time at its sole discretion and without notification. If Brandt introduces changes materially affecting the Service, Brandt will strive to notify the Users thereof at least 30 days in advance in writing.
Brandt may occasionally update these Terms. When we do so, we will also revise the ”last update” date and, in case of a material update, notify our Users by email at least 30 days in advance.
If you are accessing the Service through an application store provided by a third-party such as Google, Inc. or Apple, Inc., then such third-party provider shall be a third-party beneficiary to these Terms. These third-party beneficiaries are not responsible for the provision or support of the Services in any manner. In addition, you must comply with the terms of service of any such third-party beneficiary.
Brandt Oy Ab
Tuupakantie 7 B 01740 Vantaa Finland