These terms and conditions ("Terms") govern your use of the software program I-DEVIATOR ("the Program") created by I-Deviator s.r.o. ("I-Deviator"). By accepting the offer and using the Program, you ("Customer," "Client", "Partner" or "User") confirm your full acceptance of these Terms. It is important to read and understand these Terms before using the Program.
1.1 License Grant: I-Deviator grants you a limited, non-exclusive, non-transferable license to use the Program for the specific services it provides.
1.2 Restrictions: You shall not use the Program for any unlawful or unauthorized purpose, nor shall you use it in a way that violates these Terms or any applicable laws or regulations.
1.3 UK Operational Restriction: The use of The Program for magnetic compass adjustment on vessels operating under the United Kingdom flag is not authorized for deployment. Users must ensure compliance with this restriction to avoid breach of legal terms.
1.4 To ensure operational integrity and safety, all vessel manoeuvres must be coordinated and approved in advance by the Management of the vessel.
1.5 It is prohibited to disclose or share account login details for program authorization with third parties. Users must ensure that their login information remains secure to prevent unauthorized access.
2.1 I-Deviator's role is limited to providing consultancy services only. All decisions made based on the advice and guidance provided by I-Deviator are the sole responsibility of the users.
2.2 No Guarantee of Results: I-Deviator does not provide any warranties or guarantees, whether expressed or implied, regarding the accuracy or effectiveness of the Program services or the outcomes of the magnetic compass adjustment. The results obtained from using the Program may vary depending on various factors, and I-Deviator disclaims any liability for any errors, omissions, or inaccuracies in the Program.
2.3 Upon completion of the online magnetic compass adjustment, we strongly recommend engaging a certified shore adjuster at the earliest opportunity. This step is essential to ensure the continued optimal operation of the magnetic compass through a comprehensive physical and visual inspection.
3.1. Ownership of Intellectual Property: All intellectual property rights, including but not limited to trademarks, trade names, copyrights, patents, and all related materials associated with the Services and the Program, are the sole and exclusive property of the I-Deviator. Users shall not acquire any right, title, or interest in the I-Deviator's intellectual property except as expressly granted under these Terms.
3.2. Non-Compete Clause: Users agree that for a period of five (5) years they will not:
3.3. Non-Solicitation Clause: During the same five (5) year period, Users agree not to solicit or attempt to solicit, directly or indirectly, any clients or business relationships of the I-Deviator for the purpose of offering competing services.
3.4. Remedies for Breach: Users acknowledge that in the event of any breach of the non-compete or non-solicitation provisions outlined in these Terms, the I-Deviator shall be entitled to seek injunctive relief and any other appropriate legal remedies to prevent further breach or mitigate damages.
4.1 Acceptance of Terms and Conditions: By accepting the offer of the Program, you confirm your full acceptance to these Terms and Conditions. You acknowledge that it is your responsibility to carefully review and understand these Terms before accepting the offer.
4.2 No Claims and Returns: Once the offer is accepted and the Program is provided, no further claims or returns will be accepted. I-Deviator shall not be liable for any dissatisfaction or damages arising from the use of the Program.
4.3 Limitation of Liability: In no event shall I-Deviator or its employees, agents, or affiliates be liable to you for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the Program, even if advised of the possibility of such damages.
4.4 I-Deviator, including its employees, agents or affiliates, shall not be liable for any magnetic compass readings after the deviation adjustment procedure and issuance of the deviation card, regardless of the vessel's position and any discrepancies or inaccuracies with the issued document.
5.1. Users of the I-Deviator web platform acknowledge and agree that the products and services offered by the I-Deviator must not be used in regions subject to sanctions by any applicable jurisdiction, including, but not limited to, the United States. Users warrant that they will comply with all applicable export control and economic sanctions laws and regulations, including those administered by the United States, the European Union, the United Nations, and any other relevant authorities.
5.2. Users shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, licenses, or technology (including products derived from or based on such technology) received from the I-Deviator to any destination, entity, or individual prohibited by the laws or regulations of applicable jurisdictions.
5.3. Users agree to indemnify and hold the I-Deviator harmless from any claims, demands, penalties, or legal actions arising from the Users' failure to comply with this provision.
6.1. These Terms and the relationship between you and I-Deviator shall be governed by and construed in accordance with the laws of the jurisdiction in which I-Deviator s.r.o. operates.