Terms of Use & End User License Agreement
These Terms of Use and End User License Agreement (the “Terms”) govern your use of the App. By downloading or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Not a substitute for a legal logbook
Using the App does not exempt you from any obligation to keep a logbook required by law. The App is intended to support the day-to-day task of logging on board. Its features and automatically recorded entries do not necessarily meet the requirements of a legally prescribed logbook, and may not be admissible as such. You are responsible for meeting any legal record-keeping duties that apply to you.
2. Data accuracy & “data honesty”
The App aims to display only values it can actually determine, and to mark estimated, cached or unavailable data accordingly (e.g. weather may be cached/offline; positions depend on your device’s GPS). Nonetheless, sensor, GPS, weather and map data may be inaccurate, delayed or unavailable. The App makes no warranty as to the topicality, correctness or completeness of any information provided.
3. Licence
The Provider grants you a limited, non-exclusive, non-transferable, revocable licence to use the App on Apple devices that you own or control, for your personal, non-commercial use, subject to these Terms and to Apple’s Licensed Application End User License Agreement (standard EULA), available at apple.com/legal/internet-services/itunes/dev/stdeula. Where these Terms conflict with the Apple standard EULA, these Terms prevail to the extent permitted; otherwise the Apple standard EULA applies. You may not copy, modify, reverse-engineer, distribute or create derivative works of the App except as permitted by mandatory law.
4. Purchases & subscriptions
The App may offer paid features and/or auto-renewing subscriptions. Purchases are processed by Apple via the App Store and are subject to Apple’s terms. Prices, billing and renewal terms are shown at the point of purchase. Auto-renewing subscriptions renew unless cancelled at least 24 hours before the end of the current period; you can manage and cancel subscriptions in your App Store account settings. Statutory withdrawal rights for consumers under EU/Austrian law remain unaffected.
5. Maps & third-party content
Map data is provided by third parties (e.g. OpenStreetMap, OpenSeaMap and Apple). Such data is provided under the respective providers’ licences and may be subject to restrictions; in particular, the static map images contained in PDF exports may not be published in violation of those providers’ terms. Attribution to the respective providers is shown in the App and in exported materials.
6. Disclaimer of warranties
To the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy, or non-infringement. Mandatory statutory warranty rights of consumers under Austrian/EU law remain unaffected.
7. Limitation of liability
The Provider is liable without limitation for damages resulting from intent or gross negligence, and for injury to life, body or health, and under the Austrian Product Liability Act where applicable. For slight negligence, the Provider is liable only for the breach of essential contractual obligations and limited to foreseeable, typical damage. Any further liability is excluded. Nothing in these Terms limits liability that cannot be limited or excluded under mandatory law (in particular the Austrian Consumer Protection Act, KSchG).
8. Your responsibilities
You agree to use the App lawfully, not to misuse the feedback/support channel, and to maintain appropriate safety equipment and navigation practices independent of the App.
9. Changes & availability
The Provider may change, supplement, or discontinue parts or all of the App, and may update these Terms where there is a valid reason (e.g. changes in functionality or law); continued use after changes take effect constitutes acceptance, subject to mandatory consumer law. The App’s availability is not guaranteed.
10. Termination
This licence ends automatically if you breach these Terms. You may end it at any time by deleting the App.
11. Governing law & jurisdiction
These Terms are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the country of your habitual residence remain unaffected. For consumers, the statutory places of jurisdiction apply.
12. Apple as third-party beneficiary
You acknowledge that these Terms are concluded between you and the Provider, not Apple. Apple is not responsible for the App or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Maintenance and support, and any product warranty to the extent not effectively disclaimed, are the Provider’s responsibility, not Apple’s.
13. Contact
Johannes Püller · info@sailorscompanion.com · See also our Privacy Policy and Imprint.
Schedule — Apple Required End User License Agreement Terms
The following terms apply to your use of the App on Apple devices and, together with the Terms above, form the End User License Agreement (EULA) between you (the “End-User”) and the Provider. Where these Apple-required terms differ from the Terms above, these terms prevail with respect to the Licensed Application obtained through the App Store.
1. Acknowledgement
This EULA is concluded between you and the Provider (Johannes Püller) only, and not with Apple. The Provider, not Apple, is solely responsible for the App and its content. This EULA does not provide for any usage rules for the App that conflict with the Apple Media Services Terms and Conditions.
2. Scope of Licence
The Provider grants you a non-transferable licence to use the App on any Apple-branded device that you own or control, and as permitted by the Usage Rules of the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and Support
The Provider is solely responsible for providing any maintenance and support services for the App, as specified in this EULA or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
4. Warranty
The Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Provider’s sole responsibility.
5. Product Claims
The Provider, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of any third-party software or framework.
6. Intellectual Property Rights
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address
The Provider and point of contact for any questions, complaints or claims regarding the App is: Johannes Püller, Eisenhüttelgasse 79B, 2380 Perchtoldsdorf, Austria — info@sailorscompanion.com.
9. Third Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement, and the licence terms of third-party map/data providers such as OpenStreetMap, OpenSeaMap and Apple).
10. Third Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.