Terms and Conditions
Last Updated: January 2025
1. Acceptance of Terms
By accessing and using the Port Scope website and services (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this Service. Port Scope reserves the right to modify these terms at any time, and such modifications shall be effective immediately upon posting of the modified terms. Your continued use of the Service after such modifications constitutes your acceptance of the modified terms.
2. Description of Service
Port Scope provides an electronic laytime calculation and analytics platform ("E-Laytime & Analytics") designed for maritime and shipping industry professionals. Our Service includes, but is not limited to, laytime calculations, port analytics, data visualization, reporting tools, and related maritime logistics solutions. The Service is provided on an "as is" and "as available" basis.
3. User Accounts and Registration
To access certain features of the Service, you may be required to register for an account. When you register, you agree to:
- Provide accurate, current, and complete information during the registration process
- Maintain and promptly update your account information to keep it accurate, current, and complete
- Maintain the security of your password and identification
- Accept all responsibility for all activities that occur under your account
- Notify Port Scope immediately of any unauthorized use of your account or any other breach of security
4. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable laws, regulations, or third-party rights
- Transmit any malicious code, viruses, or harmful data
- Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Use the Service for any fraudulent, abusive, or illegal purpose
- Copy, modify, distribute, sell, or lease any part of the Service
- Reverse engineer or attempt to extract the source code of the Service
5. Intellectual Property Rights
The Service, including all content, features, functionality, software, text, graphics, logos, and other materials, is owned by Port Scope or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any content from the Service without express written permission from Port Scope.
6. User Data and Privacy
You retain all rights to any data, information, or content you submit, post, or display through the Service ("User Data"). By using the Service, you grant Port Scope a worldwide, non-exclusive, royalty-free license to use, store, and process your User Data solely for the purpose of providing and improving the Service. Port Scope will handle your User Data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.
7. Payment Terms
If you purchase a subscription or other paid features, you agree to pay all fees associated with your account. Fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law. Port Scope reserves the right to change its pricing at any time, with notice provided to existing subscribers. Failure to pay may result in suspension or termination of your account.
8. Service Availability and Modifications
Port Scope does not guarantee that the Service will be available at all times or that it will be error-free. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. Port Scope shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
9. Disclaimers and Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PORT SCOPE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORT SCOPE 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 RESULTING FROM YOUR USE OF THE SERVICE.
10. Indemnification
You agree to indemnify, defend, and hold harmless Port Scope, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
11. Termination
Port Scope may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Port Scope operates, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiation, and if unsuccessful, through binding arbitration in accordance with applicable arbitration rules, except where prohibited by law.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Port Scope regarding the use of the Service and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
15. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Port Scope
Email: legal@port-scope.com
Website: www.port-scope.com
By using Port Scope's Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.