Terms of Service

About the Operator

AI at Sea is a maritime intelligence publication operated by SeaQuest Software LLC, known as SeaQuest, a limited liability company established in Delaware, United States. You can contact us at the following correspondence address:

Definitions

SeaQuest Software LLC: A limited liability company established in Delaware, United States, operating AI at Sea (aiatsea.com).
Customer: The party which SeaQuest Software LLC has entered into an agreement with.
Parties: SeaQuest Software LLC and Customer together.
Consumer: A customer who is an individual acting for purposes which are outside their trade, business, craft or profession.
Programs: Any paid training program or digital service that is offered by SeaQuest Software LLC via aiatsea.com.

1. Applicability

The AI at Sea website and newsletter are free to access. Provisions about prices, payments, paid Programs, and delivery apply only if you separately agree to purchase a product or service; subscribing to the free newsletter does not create a payment obligation.

1.1 These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of SeaQuest Software LLC.

1.2 Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

1.3 The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

2. Prices

2.1 For any separately purchased product or service, the price, currency, applicable taxes, and payment terms will be stated in the relevant offer or agreement before purchase.

2.2 SeaQuest Software LLC is entitled to adjust all prices for its products or services on its website or otherwise, at any time.

2.3 If a price for a service is agreed upon, this is considered a fixed price, unless otherwise stated.

2.4 SeaQuest Software LLC reserves the right to adjust prices periodically.

2.5 SeaQuest Software LLC will communicate price adjustments to the Customer prior to the moment the price increase becomes effective.

2.6 The Consumer has the right to terminate the contract with SeaQuest Software LLC if they do not agree with the price increase, in accordance with applicable law.

3. Payments and Payment Term

3.1 The Customer must fulfill their financial commitment to SeaQuest Software LLC based on the agreed-upon enrollment terms or payment plans.

3.2 Payment terms are considered essential. If the Customer has not paid the agreed amount at the latest on the last day of the payment term, they are legally in default without SeaQuest Software LLC needing to send a further reminder, unless mandatory law (especially consumer protection law) requires otherwise.

3.3 SeaQuest Software LLC reserves the right to make delivery of services conditional upon immediate payment or to require adequate security for the total amount of the services or products.

4. Consequences of Late Payment

4.1 If the Customer does not pay within the agreed term, SeaQuest Software LLC is entitled to charge statutory default interest as permitted by applicable law from the day the Customer is in default.

4.2 When the Customer is in default, they are also liable for any reasonable extrajudicial collection costs and may be obliged to pay any compensation to SeaQuest Software LLC, in accordance with applicable law.

4.3 If the Customer does not pay on time, SeaQuest Software LLC may suspend its obligations until the Customer has met their payment obligation.

4.4 In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the Customer, the claims of SeaQuest Software LLC on the Customer are immediately due and payable.

4.5 If the Customer refuses to cooperate with the performance of the agreement by SeaQuest Software LLC, they are still obliged to pay the agreed price to SeaQuest Software LLC.

5. Right of Recovery

5.1 For any physical products delivered, as soon as the Customer is in default, SeaQuest Software LLC is entitled to invoke the right of recovery with regard to the unpaid products delivered to the Customer.

5.2 SeaQuest Software LLC invokes the right of recovery by means of a written or electronic announcement.

5.3 The costs for the collection or return of the products are at the expense of the Customer.

5.4 For digital Programs, failure to pay may result in suspension or termination of access.

6. Right of Withdrawal for Consumers

6.1 If the Customer is a Consumer, they generally have a statutory right to withdraw from this agreement within 14 days from the day of the conclusion of the agreement, without giving any reason.

6.2 Exception for Digital Content: The right of withdrawal does not apply or is lost if the Program consists of digital content (e.g., online courses, downloadable materials) which is not supplied on a tangible medium, if:

a) the performance (e.g., access to the Program) has begun with the Consumer's prior express consent; AND

b) the Consumer has acknowledged that they thereby lose their right of withdrawal.

6.3 SeaQuest Software LLC will, where applicable, seek such explicit consent and acknowledgement from the Consumer before access to the Program is granted or performance begins.

6.4 To exercise the right of withdrawal (where applicable and not waived), the Consumer must inform SeaQuest Software LLC of their decision to withdraw from this agreement by an unequivocal statement to [email protected].

6.5 If the Consumer withdraws from this agreement (where applicable), SeaQuest Software LLC shall reimburse to the Consumer all payments received from the Consumer, without undue delay and in any event not later than 14 days from the day on which SeaQuest Software LLC is informed about the Consumer's decision to withdraw from this agreement.

7. Settlement

7.1 The Customer waives their right to set off any debt to SeaQuest Software LLC against any claim on SeaQuest Software LLC, unless the Customer is a Consumer and such set-off is permitted by mandatory law.

8. Guarantee and Nature of Services

8.1 When Parties have entered into an agreement with services included, these services only contain best-effort obligations for SeaQuest Software LLC, not obligations of results. SeaQuest Software LLC does not guarantee any specific outcome or success from participation in its Programs.

9. Performance of the Agreement

9.1 SeaQuest Software LLC executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

9.2 SeaQuest Software LLC has the right to have the agreed services (partially) performed by third parties.

9.3 The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the Customer.

10. Duration of the Service Agreement

10.1 The agreement between SeaQuest Software LLC and the Customer for access to a Program is typically entered into for a specified duration (e.g., duration of a course, subscription period), as indicated at the time of purchase or, if not specified, for a default period of 1 year, unless it results otherwise from the nature of the agreement or if the parties have expressly agreed otherwise in writing.

10.2 If the parties have agreed upon a term for the completion of certain activities, this is generally an estimated timeframe and not a strict deadline, unless specified explicitly otherwise in writing.

11. Intellectual Property

11.1 SeaQuest Software LLC retains all intellectual property rights (including copyright, patent rights, trademark rights, design rights, etc.) on all Programs, designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, etc., unless parties have agreed otherwise in writing.

11.2 The Customer may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the intellectual property rights or material from the Programs without prior written permission from SeaQuest Software LLC, except as follows:

a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

b) You may store files that are automatically cached by your Web browser for display enhancement purposes.

c) You may print or download one copy of a reasonable number of pages of the Website or Program materials for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

11.3 The Customer must not show intellectual property to third parties and/or make them available or use them in any other way not expressly permitted.

12. Confidentiality

12.1 The Customer shall keep any information they receive (in whatever form) from SeaQuest Software LLC which is marked confidential or which by its nature should reasonably be understood to be confidential, strictly confidential.

12.2 The same applies to all other information concerning SeaQuest Software LLC of which the Customer knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to SeaQuest Software LLC.

12.3 The Customer shall take all necessary measures to ensure that they keep the information referred to in paragraphs 12.1 and 12.2 secret.

12.4 The obligation of secrecy described in this article does not apply to information:

a) which was already public before the Customer heard this information or which later became public without being the result of a violation of the Customer's duty to confidentiality;

b) which is made public by the Customer due to a legal obligation.

12.5 The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.

13. Penalties

13.1 If the Customer violates the articles of these general terms and conditions concerning secrecy or intellectual property, then they forfeit on behalf of SeaQuest Software LLC an immediately due and payable penalty of up to € 5,000 (five thousand euros) for each violation and, in addition, an amount of 5% of the aforementioned amount for each day that this violation continues.

13.2 No actual damage, prior notice of default or legal proceedings are required in forfeiting the penalty referred to in paragraph 13.1, subject to mandatory applicable law.

13.3 The forfeiture of the penalty referred to in paragraph 13.1 shall not affect the other rights of SeaQuest Software LLC, including its right to claim compensation in addition to the penalty if actual damages exceed the penalty amount.

14. Indemnity

14.1 The Customer indemnifies SeaQuest Software LLC against all third-party claims that are related to the products and/or services supplied by SeaQuest Software LLC to the Customer, or the Customer's use thereof, to the extent such claims are not due to SeaQuest Software LLC's gross negligence or willful misconduct.

15. Complaints

15.1 The Customer must provide any notice of default or complaint to SeaQuest Software LLC in writing (e.g., by email to [email protected]).

15.2 It is the responsibility of the Customer that a notice of default or complaint actually reaches SeaQuest Software LLC (in time).

16. Liability of SeaQuest Software LLC

16.1 To the maximum extent permitted by applicable law, SeaQuest Software LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

16.2 This limitation of liability shall not apply to damages caused by SeaQuest Software LLC's intentional misconduct or gross negligence, or in cases of death or personal injury where mandatory law does not permit such limitation.

16.3 SeaQuest Software LLC's total liability in any matter arising out of or related to these terms is limited to the amount paid by the Customer for the specific Program giving rise to the claim during the twelve (12) months preceding the event giving rise to liability, unless otherwise dictated by mandatory applicable law.

16.4 All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

16.5 SeaQuest Software LLC makes no representations or warranties regarding the legal, financial, or business success aspects of applying information from the Programs. The Customer is solely responsible for ensuring compliance with all applicable laws and regulations, and SeaQuest Software LLC will not be liable for any violations committed by the Customer.

17. Newsletter Subscriptions

17.1 When you subscribe to our newsletter, we collect your email address and optionally your name.

17.2 We use this information solely for the purpose of sending you newsletters, updates, and related marketing communications about our services, products, and industry insights, based on your consent.

17.3 Your subscription data will be retained until you unsubscribe or request deletion.

17.4 We implement appropriate security measures to protect your data and do not sell your information. We may share your information with third-party service providers (e.g., email marketing platforms) solely for the purpose of providing the newsletter service, under strict data processing agreements.

17.5 You can unsubscribe at any time using the link provided in each newsletter or by contacting us directly at [email protected].

17.6 After unsubscribing, we may retain minimal records for analytical purposes and to honor your opt-out request, but you will no longer receive marketing communications.

18. Expiry Period / Statute of Limitations

18.1 Every right of the Customer to compensation from SeaQuest Software LLC shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly, subject to any mandatory statutory limitation periods under applicable law that cannot be contractually shortened.

19. Dissolution

19.1 The Customer has the right to dissolve the agreement if SeaQuest Software LLC imputably fails in the fulfillment of its material obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

19.2 If the fulfillment of the obligations by SeaQuest Software LLC is not permanently or temporarily impossible, dissolution can only take place after SeaQuest Software LLC has been given a reasonable period to remedy the default and has failed to do so.

19.3 SeaQuest Software LLC has the right to dissolve the agreement with the Customer if the Customer does not fully or timely fulfill their obligations under the agreement, or if circumstances give SeaQuest Software LLC good grounds to fear that the Customer will not be able to fulfill their obligations properly.

19.4 SeaQuest Software LLC reserves the right to terminate the Customer's access to the Programs at any time, without notice, for any material violation of these Terms of Service or the Program's rules and guidelines, including but not limited to aggressive, disrespectful, or inappropriate behavior. SeaQuest Software LLC aims to ensure a safe and productive learning environment for all participants.

20. Force Majeure

20.1 A shortcoming of SeaQuest Software LLC in the fulfillment of any obligation to the Customer cannot be attributed to SeaQuest Software LLC in any situation independent of the will of SeaQuest Software LLC (force majeure), when the fulfillment of its obligations towards the Customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from SeaQuest Software LLC.

20.2 The force majeure situation referred to in paragraph 20.1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, epidemics, pandemics, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

20.3 If a situation of force majeure arises as a result of which SeaQuest Software LLC cannot fulfill one or more obligations towards the Customer, these obligations will be suspended until SeaQuest Software LLC can comply with them.

20.4 From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

20.5 SeaQuest Software LLC does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

21. Modification of the Agreement

21.1 If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

22. Changes in the General Terms and Conditions

22.1 SeaQuest Software LLC is entitled to amend or supplement these general terms and conditions.

22.2 Changes of minor importance can be made at any time.

22.3 SeaQuest Software LLC will inform the Customer of major changes in content as much as possible in advance. Customers will be given reasonable notice of such changes.

22.4 Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions that is to their detriment, provided such termination occurs within a reasonable timeframe after notification of the changes.

23. Transfer of Rights

23.1 The Customer cannot transfer their rights deriving from an agreement with SeaQuest Software LLC to third parties without the prior written consent of SeaQuest Software LLC. This restriction on transferability is intended to have effect between the parties.

24. Consequences of Nullity or Annullability

24.1 If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

24.2 A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what SeaQuest Software LLC had in mind when drafting the conditions on that issue, and which is valid.

25. Applicable Law and Competent Court

25.1 All agreements between the Parties are governed by the laws of the State of Delaware, United States, and applicable federal law, subject to mandatory consumer protections.

25.2 Any disputes arising out of or in connection with this agreement, which cannot be settled amicably, shall be subject to the exclusive jurisdiction of the competent state and federal courts in Delaware, United States, except where mandatory law provides otherwise.

25.3 Notwithstanding the foregoing, if the Customer is a Consumer resident in the European Union, the Customer may also bring proceedings in the courts of the EU Member State in which they are domiciled, and may benefit from any mandatory provisions of the law of the country in which they are resident which are more favorable.

25.4 Consumers can find information about available dispute resolution bodies through the European Commission consumer redress portal. SeaQuest Software LLC is not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

26. Acknowledgement

26.1 By purchasing or accessing any of SeaQuest Software LLC's Programs, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.