Terms of Service

Welcome
Thank you for using our products and services (“Services”). These Services are provided by Gestalt Systems GmbH (“We” or “Us”), located at Bachstrasse 23, D-76185 Karlsruhe, Germany and registered under the registration number HRB723466 with the Mannheim Court of Registry, Germany. By using our Services, you are agreeing to these terms. We may modify these terms at any time, for example to reflect changes to applicable law or changes to our Services. You should look at the terms regularly. We will post a notice of modifications to these terms on this site. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted, unless those changes have been made for legal reasons or they address new functionalities or features, in which case they will become effective immediately. These Terms of Service and all disputes arising directly or indirectly from them are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (UNCITRAL/CISG). The exclusive place of jurisdiction for all disputes arising directly or indirectly from these Terms of Service is Karlsruhe, Germany to the extent permissible by law.

General Terms of Service (Applicable to All Services)

Using Our Services / Fair Usage
Obtaining a license gives you permission to use our respective Services, and we hope you will enjoy them. Do not misuse our Services. Do not interfere with them or try to access them using a method other than the interface and the instructions that we provide. Do not use them for purposes beyond what they are designed for. For example, do not use Aquaplot Explorer for navigation purposes. We may suspend your account if we are investigating suspected misuse and we may stop providing our Services to you if you do not comply with our terms or policies. We strive to provide our Services 24 hours a day each day. However, we cannot guarantee availability at any time at any place and it is your responsibility to make sure that your internet connection is working. We generally promise to maintain availability 97% of the time. Should you require a more stringent SLA, please contact support@aquaplot.com. Please make sure to take appropriate action against malicious software, for example by using updated antivirus software. We take great care to keep our servers safe but we cannot guarantee their safety from all attacks we might experience in the future.

API
We are happy to see creative people building on top of Aquaplot and want to help you in any way we can. However, we ask that you obtain a license targeted for API usage. Using any other license in this context, for example one for Aquaplot Explorer, is considered a violation of these terms of services and we may terminate your account.

Your Account
During sign-up, you are asked to declare if you will use our Services for personal use or on behalf of a business. You are also requested to provide your country of residence or country of incorporation, respectively. We need this information to handle our tax obligations and other legal matters correctly. By using our Services, you explicitly state that this information provided by you is correct. Please contact support@aquaplot.com to inform us of any changes.

Payments/Recurring Charges/Cancellation
Your trial license is free of charge and you are not required to provide any payment or credit card details to sign up. When you upgrade to or sign up for a paid subscription-based license, the payment process will be handled by our payment provider (Stripe.com). You have the choice between different payment cycles (e.g. monthly or yearly) and the respective amount will be charged to your credit card every cycle. For example, if you choose to pay yearly and the amount for 12 months is 100 USD, then we will charge 100 USD every twelve months. To cancel your licenses, log in and go to your Account Page, where you can end your subscriptions. To prevent any frustration, we will send an email a few days in advance so you have enough time to cancel should you choose to do so.

Business Use
If you are using our Services on behalf of a business, we are required to verify your status. In case your company is registered in a member state of the European Union (EU), we will need your VAT identification number. If your company is registered in a country outside of the EU, we will need a copy of the certificate of registration. We will get in touch with you to make this process as smooth and as fast as possible.

Communication
We welcome customers from all over the world. However, we do not promise to provide our Services or support in every language. All Services, correspondence and communication will be in English.

Your Content
Some of our Services allow you to upload, submit, store, send or receive content (“share content”). For example, you may store waypoints and assign labels to them. When you share content with us, you give us a worldwide license to store, modify and use this content to improve our Services or to develop new ones. For example, we may process waypoints stored and submitted to make them available to all users.

Aquaplot Explorer Terms of Service

Aquaplot Explorer allows you to search for the sea distance between any two points on earth connected via open sea. You can use this information for example to estimate time at sea or to get a first sense of the cost of a voyage, e.g. in terms of bunker consumed. However, it is important to recognize that it is not suitable for navigational purposes. Also, it does not account for all aspects that may affect true cost, distance or other metrics observable in reality. For example, distances (and the underlying routes that are the basis for these values) calculated with Aquaplot Explorer are determined taking into account shore lines and minimum distances to shore. Currents, water depth and other parameters essential to navigation are currently not considered. Furthermore, some of the data used (for example shore lines) is procured from third parties, may contain errors and is generally only updated with a significant time delay. As a result, although we work hard to provide the best service possible, all results derived from calculations with Aquaplot Explorer are therefore to be treated as estimates only and routes displayed may not be safe to actually navigate. With every license, you can make a certain number of calculations in a certain time period. Different licenses may also have different feature sets. A trial license is available to every customer. See Plans/Pricing for more information. Users can only obtain a single trial license. Trial licenses are valid for 14 days from the day of activation and expire automatically.

Aquaplot API Terms of Service

Through Aquaplot API, we provide you access to our routing engines capabilities. This allows you to integrate existing features or build new ones with little development effort and without having to worry about managing the service. There are several different license options to choose from. See Plans/Pricing for more information.

Prototype and Project Licenses
Both the Prototype and the Project license are designed for testing and development purposes. We discourage from using them in production environments, as they are subject to request throttling. We do not offer support or provide any guarantees beyond what is outlined in the General Terms of Service for them. Each license allows you to make a certain number of calculation requests (see definition below). See Plans/Pricing for more information.

Dedicated Licenses
Dedicated licenses are designed for use in production environments. They come with guaranteed throughput and without request throttling or daily usage limits. Depending on your requirements, we will advise in finding the right plan and specification for your use case. According to your support and performance requirements, a monthly fixed fee will be charged, plus a variable fee according to the number and type of API calls you performed.

Request and Calculation Request
Every call to Aquaplot API is a request. For each request, a specified amount of tokens (see definition below) are consumed. Some requests (e.g. for validating coordinates) consume zero tokens and are therefore free. A calculation request is a request which requires at least one token. See the API documentation for more information about the amount of tokens required for each request type.

Token
A token is like a virtual currency. By performing requests, you will consume tokens. At the end of every billing cycle you will be charged for consumed tokens at the respective rate specified in your license.

Credit
One credit is worth one token. We will apply any credits against future Aquaplot API payments otherwise due to you. You can buy monthly credit packages at a reduced rate to cover your baseline consumption.