General Terms and Conditions for the “NavShip” app

Preamble

CproSoft GmbH (hereinafter referred to as the “Provider”), represented by Managing Director Chris Michel, Bisseser Straße 28b, 61209 Echzell, Germany, e-mail: [email protected], offers a nautical route planner via the “NavShip” app. The routes calculated here are intended solely for the rough planning of voyages and are not suitable for specific navigational purposes, are approved and do not replace the nautical duty of care of the user. The following terms and conditions regulate the conditions for the use of the “NavShip” app by users.

Relevant provisions

2.1 These terms and conditions apply to all contractual relationships in relation to the “NavShip” app, hereinafter referred to as “software” or “app”, between the customer, also referred to as “user”, and the provider. The Terms and Conditions also apply if they are not mentioned in subsequent contracts.

2.2 The term “service” or “service” covers the contractual relationship irrespective of the corresponding type of contract. The software is operated as a web-based cloud solution. The User is enabled to use the software stored and running on the servers of the Provider or a service provider commissioned by the Provider via an Internet connection for its own purposes during the term of this Agreement.

2.3 These terms and conditions also apply in the event of deviating terms and conditions of the user, unless these are recognized by the provider in writing. The validity of conflicting or deviating terms and conditions is excluded, even if the Provider does not expressly object to them or accepts services without reservation.

2.4 Individual agreements as well as ancillary agreements and supplements shall take precedence over the Terms and Conditions, provided they have been recorded in writing.

Use of the app

3.1 Only private users of legal age and legal capacity are authorized to use the app. Commercial users are prohibited from using the app. The free version can be used without registration. Use of the app’s paid services requires registration.

3.2 The use of the app shall only take place if the user has previously bindingly accepted the inclusion of these General Terms and Conditions. A user relationship between the Provider and the User is then also established in the case of free use.

3.3 The app is a simple route planner for nautical routes, both in the free and the paid premium version. It is expressly pointed out that the app may not be used as a substitute for navigation during the journey. Specific navigation is not owed. You must always pay attention to signs and indications, e.g. passage heights and fairway depths, as well as other road users and other local conditions. The route lines shown must not be used as specific navigation instructions. The provider is not responsible for any damage or costs arising from the use of the app as a substitute for navigation. All displayed values, in particular with regard to consumption, speed and arrival time, are approximate values and are based on the device’s sensors and internal calculations. Deviations from actual values are possible. In the case of speed limits, attention must be paid to the boat’s fittings; GPS data should not be regarded as a reliable source.

The system is in no way a substitute for your own supervision and attention. In particular, it should be noted that the algorithm used for deep-sea routing is still under development and may under certain circumstances lead to routes over land or restricted areas. Ocean routing should therefore only be used as a rough guideline and is by no means suitable for precise navigation. When using it, particular attention should be paid to traffic separation schemes, whereby these should only be crossed at an angle of 90 degrees.

The telephone numbers and radio channels of certain facilities on the route, such the locks, are data obtained from public sources of the facilities. The accuracy of this data is not guaranteed by the provider. The app is not a means of communication. Insofar as a telephone number is displayed here and can be clicked, it is only loaded into the cache of the user’s end device and then into the telecommunications application of the end device. Depending on the tariff of the user’s telecommunications provider, costs may be incurred when dialing a telephone number.

3.4 For the term of the respective contract, the Provider grants the User the non-exclusive, non-transferable right, limited in time to the duration of the user contract, to load the user interface of the booked software for display on the screen into the main memory of the end devices used for this purpose in accordance with the contract and to make the resulting reproductions of the user interface and to use the software in accordance with the service description. Due to the design of the software as cloud software, the user is not granted any further copyright usage rights to the software. The offline maps, including the data hosted on the NavShip server, are subject to the Open Database License, © OpenStreetMap contributors. Information on this can be found atwww.openstreetmap.org/copyright or .www.opendatacommons.org/licenses/odbl

Please note that the use of the maps is restricted by license. The provider only grants the right to use them within the app. Commercial use of the app and the data contained therein for a commercial purpose is expressly prohibited.

Subscriptions / chargeable scope extension NavShip Premium

4.1 The app offers the option to unlock extended content of the app through a paid subscription (premium service).

4.2 Premium access can be purchased directly in the app. To do this, the user must select Premium access in the app settings. The user will be redirected to an overview page where they can select the premium access and click on “Order for a fee” to conclude a contract. The total price and the subscription period (e.. 12 months) are displayed before the contract is concluded. The contract of use for premium access is then concluded between the provider and the user. The premium subscription is billed and managed exclusively via the user account of the respective third-party provider through which the app was obtained (Apple: App Store, Google: Play Store). The subscription can be terminated at the end of the contract term via the account settings in the Apple App Store or Google Play Store, otherwise the subscription will be extended indefinitely. The conclusion of the contract and payment processing are also governed by the respective terms and conditions of the third-party provider (Google or Apple). The Premium features are activated immediately after booking. By activating the individual contents, the user receives the right to use the app to an extended extent for their own, non-commercial purposes on all compatible devices connected to their App Store/Play Store account.

4.3 Insofar as the user uses the software via the browser version using a browser, he can also book the premium service here. To do this, the user must register and click on “Book Premium now” to access the booking overview page. Here the user selects the payment method (voucher or PayPal) and completes the booking process. By submitting the booking, a contract of use for the extended range of functions is concluded between the user and the provider for a period of 12 months. This does not constitute a subscription. The user relationship for the extended range of functions ends automatically at the end of the 12 months without the need for termination.

Term / cancellation

5.1 The contract of use for the extended premium scope of use is concluded for the agreed duration (e.g. 12 months) and is extended thereafter for an indefinite period if the app is obtained via the App Store or the Play Store, unless the contract is terminated within one month before the end of the contract of use. The notice period thereafter is one month to the end of the month. Cancellation must be made electronically via the respective third-party provider (Apple or Google):

Procedure Apple:
Users of an Apple device have the option of managing subscriptions in the App Store and canceling them. Detailed instructions are available at the following link: https://support.apple.com/de-de/118428. The cancellation area can also be accessed directly via the app’s side menu under the “Premium” and “Manage subscriptions” options.

Procedure Android:
Users of a Google device can open Google Play and tap on the profile icon in the top right-hand corner. Then select “Payments and subscriptions” and click on “Subscriptions”. The NavShip package can be selected and canceled. The subscription remains active until the end of the current term, but is not automatically renewed. Further information on subscriptions and how to cancel them with Google is available at the following link: https://support.google.com/googleplay/answer/7018481?hl=de.

5.2 The Provider reserves the right to terminate the user relationship with immediate effect for good cause, in particular in the event of breaches of these GTC and other contractual obligations, default of payment or in the event of malfunctions, misuse of the software or damage to the reputation of the app. This does not release the user from any existing payment obligation. The Provider is not obliged to refund any payments already made in such a case.

5.3 Upon termination of the contract of use, the Provider shall be entitled to irrevocably delete the User’s user account. Personal data which are in the Provider’s own interest shall remain unaffected by this in order to render account to third parties, in particular authorities. The content transmitted to the provider during the contractual relationship may be stored by the provider for 3 years until the end of the year, unless there is a longer statutory retention period. After that, it is obliged to delete them.

Purchase of a voucher

6.1 Vouchers for the browser version of the software can be purchased by users on the provider’s website. The presentation of the vouchers and the granting of the option to order already constitutes a binding offer by the Vendor for the User to order a voucher. The user accepts the offer to purchase a voucher by placing a voucher with the desired balance in the shopping cart on the vendor’s website, entering their personal data and then confirming their selection and paying for the voucher using PayPal.

6.2 The voucher will then be sent to the e-mail address provided by the user. The voucher is only available in digital form. The voucher is not personalized.

6.3 When the voucher is sent, the user will again receive a summary of the order, the cancellation policy and these GTC.

6.4 The voucher can be used for the browser version of the provider’s software as well as for the Android or IOS version. Use of the voucher does not trigger a subscription. The user relationship ends automatically at the end of the contractual term agreed by means of the voucher, without the need for termination.

6.5 Payment of the credit or remaining credit securitized in the voucher to the user or the redeemer is excluded. Interest on the credit balance is also excluded.

6.6 The voucher is valid for three years, i.e. the validity of the voucher ends three years after the voucher is purchased. The limitation period begins at the end of the year in which the voucher was purchased.

6.7 If the credit or remaining credit in the voucher is used up, the voucher loses its validity.

6.8 The voucher is transferable to a person other than the user. The provider can therefore make payment to the actual holder of the voucher with discharging effect.

Special obligations of the user

7.1 The user must set a password to access their user account. The user account may only be used by the user personally. He may not pass on the access data to third parties and must ensure that third parties do not gain unauthorized access to his user account by using insecure passwords (less than 8 characters and without numbers and special characters) or by storing or otherwise securing them. He is responsible for all activities associated with his user account. In addition, the user is responsible for updating their contractual data in their user account if this changes during the course of the contractual relationship.

7.2 It is prohibited to use mechanisms, software or other scripts in connection with the use of the app that impair the functionality or accessibility of the app or to change, delete or overwrite content created and managed by the provider.

7.3 The user is responsible for the use of the app. In particular, it is prohibited to commit trademark or copyright infringements or to violate the corresponding rights of third parties.

7.4 The User is obliged to inform the Provider of any unusual activities, unauthorized access or suspicion of unauthorized access and to change the password used immediately.

Special rights of the provider

8.1 The Provider may make the use of the app or individual functions subject to certain conditions, such as bookings subject to a fee, verification of login data, duration of use, payment history or the presentation of certain proofs (e.g. proof of identity, purchase, payment or ownership). In particular, the provider may block the activities of a user under certain conditions and make them dependent on further conditions such as prior verification or testing.

8.2 In the event of misuse of the software and in the event of a breach of the contractual terms and conditions, quality guidelines or applicable law by the user, the provider reserves the right, following a reminder from the provider to the user to refrain from this behavior, to deactivate the respective user account and the possibility of using the booked software after notification until the situation has been clarified, or to delete it after extraordinary termination. In such a case, blocking shall not result in the user’s payment obligation ceasing to apply. In urgent cases, the Provider shall be entitled to waive the prior reminder in order to avert corresponding damage.

8.3 The Provider is entitled to display advertising, including from third parties, on all pages of the App, unless otherwise contractually agreed. The Provider reserves the right to change the appearance, structure and functionality of the App and its subpages at any time without the User’s consent or to enable the use of functions only under certain conditions, provided that this does not reduce the contractually owed services.

8.4 The Provider shall regularly back up the User’s data on the server for which the Provider is responsible to an external backup server. The User may save this data at any time for backup purposes and is obliged to do so at regular, customary intervals.

8.5 The Provider shall receive no further rights of use or exploitation than those specified above.

8.6 The Provider is entitled to amend these GTC unilaterally at any time if serious reasons – which cannot be influenced by the Provider – make this necessary, which lead to an unforeseeable change in the contractual equivalence relationship and therefore require an amendment, taking into account the interests of the contractual partner. Changes are only possible insofar as they do not unreasonably disadvantage the user or violate good faith. The user shall be informed of an amendment 6 weeks in advance by e-mail, stating the content of the amended provisions. This e-mail shall contain the amended GTC as well as a reference to the right of objection, the objection period and the consequences of failure to object. The amendment shall become part of the contract if the User does not object to its inclusion in the contractual relationship in writing or text form within 14 days of receipt of the notification of amendment. Upon expiry of this period, the GTC shall become valid for the User. GTC of the previous version lose their validity after expiry of the approval period.

Liability

9.1 The Provider shall only be liable for the provision of the Software within the scope described herein. The Provider shall only be liable for further claims and rights in the event of intent and gross negligence in accordance with statutory provisions.

9.2 The provider assumes no liability for the steering of a ship/boat by the user while using the app. As described, the app is purely a route planner. The user is responsible for observing and complying with local conditions.

9.3 Claims for damages in tort are excluded, unless the damage was caused intentionally or through gross negligence.

9.4 In the event of slight negligence, the Provider shall only be liable for breach of a material contractual obligation or in the event of default or impossibility.

9.5 Liability for slight negligence, tort and compensation for futile expenses shall only apply to damages that are foreseeable and typical.

9.6 Liability for loss of profit, for damages arising from third-party claims against the Provider and for other consequential damages is excluded.

9.7 The aforementioned limitations of liability shall also apply to the actions of the Provider’s vicarious agents.

9.8 Liability for culpable injury to life, limb or health as well as mandatory liability provided for by law shall remain unaffected by the aforementioned limitations of liability.

Availability, warranty

10.1 The statutory warranty law shall apply.

10.2 The Provider shall make the software available to the User via its website (cloud software). The User therefore requires an internet-enabled device, a browser installed on it and an internet connection to use the software. The current version of the owed software is made available for use at the router exit of the data center where the server with the software is located (“transfer point”). The user is responsible for the stability of the Internet connection. The display quality of the digital content may also vary from device to device and may depend on the speed of the user’s Internet connection and other factors. In this respect, the provider cannot be held liable for deviations.

10.3 For technical reasons, uninterrupted availability of the digital content cannot be guaranteed. Availability may be impaired, for example, by regularly required maintenance and security work, but also by unforeseen events beyond the Provider’s control. Planned work that leads to an impairment of availability shall be carried out by the Provider, as far as possible, during low-traffic periods.

10.4 The Provider guarantees an availability of its services offered via the Internet of 98.0% per year. Availability is given if the servers and services are essentially operational. The following circumstances shall not be deemed to be operational disruptions:

• Interruptions in accessibility due to disruptions in the area of third parties over which the provider has no influence (e.g. server maintenance work)
• Interruptions due to force majeure
• Short-term interruptions of operation that are necessary to prevent specific threats from possible misuse by third parties (so-called exploits) or to prevent them (e.g. through updates)

10.5 The User is obliged to notify the Provider immediately and as precisely as possible of any functional failures, malfunctions or impairments of the software. If the User fails to do so, Section 536c BGB shall apply accordingly.

10.6 If the User suffers damage as a result of the loss of data, the Provider shall not be liable for this if the damage could have been avoided if the User had regularly and completely backed up all relevant data. The User shall carry out a regular and complete data backup himself or have it carried out by a third party and shall be solely responsible for this.

Place of jurisdiction, applicable law

11.1 If, contrary to the information provided by the consumer when placing the order, the consumer does not have a place of residence in the Federal Republic of Germany or moves his place of residence abroad after conclusion of the contract or his place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the registered office of the provider. Otherwise, the statutory place of jurisdiction shall apply.

11.2 German law shall apply exclusively, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the country in which the consumer has his habitual residence remain unaffected.

Dispute resolution

General information obligations for alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides an app for online dispute resolution (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final provisions

13.1 Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.

13.2 The contract language is German. The text of the contract will not be saved after conclusion of the contract. The booking details will be sent to the User by means of the booking confirmation with all information to the e-mail address provided by the User. The GTC and the revocation policy can be viewed at any time on the provider’s website and saved or printed using the browser’s print function.

13.3 Amendments or additions to this contract must be made in text form.

Stand: 17.03.2025
Created in German text form by lawyer Martin Jedwillat www.advomare.de