Terms & conditions

2.1. Provision of Service

Subject to payment of applicable fees, HelmVue grants you a non-exclusive, non-transferable, revocable right to access and use the Service solely for your internal business operations (i.e., managing your vessels) during the Subscription Term.

2.2. Service Level Agreement (SLA)

HelmVue warrants that the Service will be available 99.5% of the time during each calendar month ("Uptime Guarantee"), excluding scheduled maintenance and Force Majeure events (including satellite internet failures).

Remedy: If we fail to meet this Uptime Guarantee, your sole and exclusive remedy is to request a service credit calculated as 5% of your monthly fee for every 1% below the guaranteed uptime, up to a maximum of 50% of the monthly fee.

2.3. Usage Restrictions

You shall not:

• (a) License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service.
• (b) Modify, copy, or create derivative works based on the Service.
• (c) Reverse engineer or access the Service to (i) build a competitive product or service, (ii) build a product using similar ideas, features, or functions, or (iii) copy any ideas, features, or functions of the Service.
• (d) Use the Service to store or transmit infringing, libelous, or otherwise unlawful material.

2.4. Offline Functionality

You acknowledge that offline access (onboard mode) requires occasional synchronization with our servers. HelmVue is not responsible for data discrepancies caused by prolonged periods of offline usage or failure to synchronize data when connectivity is available.

3.1. Tool for Assistance Only

You expressly acknowledge that HelmVue is a record-keeping and management tool designed to assist in vessel operations. It is not a safety-critical control system. It does not replace the professional judgment of the Vessel Master, Officers, or Crew.

3.2. No Reliance for Safety of Life at Sea (SOLAS)

You agree never to rely solely on the Service for:

• (a) The safety of the vessel or crew.
• (b) Emergency response navigation.
• (c) Critical equipment monitoring.

Automated alerts (e.g., "EPIRB Expiring", "Overdue Drill") are convenience features only. The failure of the Service to send an alert does not relieve the Master of their non-delegable duty to ensure the vessel is seaworthy and compliant.

3.3. Regulatory Reporting (AMSA / Port State Control)

While HelmVue generates reports (e.g., Hours of Rest, Oil Record Book) intended to align with Maritime Regulations, HelmVue does not guarantee that digital records alone will satisfy every Port State Control officer or Flag State surveyor.

You are responsible for maintaining any physical backups required by your specific Flag State or Class Society.

We are not liable for any detention, fine, or deficiency issued by a regulatory body (e.g., AMSA, USCG, MCA) resulting from errors, omissions, or formatting issues in the reports generated by the Service.

4.1. Ownership of Customer Data

You retain all right, title, and interest in and to your Customer Data. You grant HelmVue a worldwide, limited-term license to host, copy, transmit, and display your Customer Data as necessary to provide the Service.

4.2. Protection of Customer Data

We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data as described in our Privacy Policy.

4.3. Data Retention and Deletion

Upon termination of your account, you generally have a right to delete your data. However, you acknowledge that Maritime Regulations may require the retention of certain vessel records (e.g., Official Logbook entries) for statutory periods (often 3-7 years). HelmVue may retain such data in archival backups to comply with legal obligations, even after your account is closed.

5.1. Account Credentials

You are responsible for all activities that occur under your User accounts. You agree to ensure that Authorized Users keep their login credentials confidential.

5.2. Accuracy of Records

You warrant that all data entered into the Service (especially Hours of Rest and Oil Record Book entries) is truthful and accurate. HelmVue is not responsible for the consequences of falsified or inaccurate data entered by your crew.

6.1. Fees

You will pay all fees specified in the "Subscription" section of the Service. Fees are based on usage metrics (e.g., number of vessels, number of users) and subscription tier.

6.2. Payment Terms (Upfront Only)

All fees are due and payable in advance. We do not offer credit terms (e.g., Net 30). You must provide valid credit card information for automatic recurring billing.

If a charge is declined, we may suspend access to the Service immediately until payment is successfully processed.

6.3. Taxes (GST)

Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to Goods and Services Tax (GST). You are responsible for paying all Taxes associated with your purchases hereunder.

7.1. Reservation of Rights

Subject to the limited rights expressly granted hereunder, HelmVue reserves all of its right, title, and interest in and to the Service, including all related Intellectual Property Rights. No rights are granted to you hereunder other than as expressly set forth herein.

7.2. Feedback

You grant HelmVue a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Service any suggestion, enhancement request, recommendation, correction, or other feedback provided by you.

8.1. Australian Consumer Law

Nothing in this Agreement excludes, restricts, or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

8.2. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND SUBJECT TO CLAUSE 8.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". HELMVUE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.1. Exclusion of Consequential and Related Damages

IN NO EVENT SHALL HELMVUE HAVE ANY LIABILITY TO YOU OR ANY USER FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY.

9.2. Specific Maritime Exclusions

HelmVue shall have zero liability for:

• (a) Any vessel detention, fine, or penalty issued by a Port State Control authority or Flag State.
• (b) Any personal injury or death occurring on a vessel managed using the Service.
• (c) Any pollution incident (e.g., oil spill) involving a vessel managed using the Service.
• (d) Loss of data due to failure of satellite internet connections or onboard hardware failure.

9.3. Limitation of Liability Cap

SUBJECT TO CLAUSE 8.1 AND 9.2, IN NO EVENT SHALL HELMVUE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.

11.1. Term

This Agreement commences on the date you first accept it and continues until all subscriptions hereunder have expired or have been terminated.

11.2. Termination for Cause

A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.

11.3. Effect of Termination

Upon termination, your right to access the Service immediately ceases. You must export your Customer Data prior to termination.

12.1. Jurisdiction (Western Australia)

This Agreement shall be governed by and construed in accordance with the laws of the State of Western Australia.

12.2. Dispute Resolution

Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia (Western Australia Registry) sitting in Perth, WA, for the adjudication of any dispute hereunder or in connection herewith.

12.3. PPSA (Personal Property Securities Act)

You acknowledge that this Agreement constitutes a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) ("PPSA") and that HelmVue may register a security interest on the PPSR to secure payment of fees if applicable.

13.1. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

13.2. Force Majeure

Neither party shall be in default for any delay or failure to perform (except for payment obligations) due to causes beyond its reasonable control, including elements of nature (e.g., hurricanes at sea), acts of God, war, or failure of the internet/satellite providers.

13.3. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law.