Effective date: 1 July, 2023

Welcome to YachtNoter. Please read onto learn the rules that govern your use of our mobile application called “YachtNoter”and website at https://ankor.io, and the associated products, services and features(the “Services”). YachtNoter is one of our products and services. Your use of our other products and services and their associated websites, applications, and other materials are subject to other terms applicable to them. If you have any questions, comments, or concerns regarding these terms, please contact us at:

- Email: yachtnoter-support@ankor.io
- Address: Level 17, One International Towers, Watermans Quay, NSW 2000

These Terms of Use (the “Terms”) are a binding agreement between you and ANKOR SOFTWARE PTY LTD. (“Ankor”, “YachtNoter,”“we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use theServices. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”),which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges and fees we bill you. These Terms include information about your obligations when using the Services, future changes to these Terms, limitations of liability, applicable laws and dispute resolution.

Please note that your use and access to our Services are subject to these Terms. If you do not agree to all of the following, you may not access or use the Services in any way.

Will these Terms change?

We are always aiming to improve ourServices, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, and if we do, we will place a notice on our site located at https://www.ankor.io and do our best to notify you by email or some other means. 

If you use the Services in any way after a change to the Terms is effective, you are agreeing to all of those changes.

What about my privacy?

Protecting your privacy is very important to us. You can view our current Privacy Policy here.

Our Services are not directed to Children, and any use by minors should only be done with the guidance, supervision and consent of their parents or guardians. We also rely on parents and guardians to ensure minors only use the Services if they can understand their rights and responsibilities as stated in these Terms and our PrivacyPolicy.  

Consistent with applicable law, we do not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it. If you believe that a child under sixteen (16) may have provided us with personal information, please contact us at yachtnoter-support@ankor.io.

What are the basics of using YachtNoter?

In order to use the YachtNoter mobile application you must first register an account with us. This will require you to provide your name, a valid email and set a password (“Basic SubscriberInformation). You agree to provide us with accurate, complete, and updated BasicSubscriber Information and acknowledge that we will not be liable for any loss or damage arising from your failure to provide us with accurate information.

You may not enter contact information that you do not have the right to use, or another person’s contact information with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You confirm that you are an individual of legal age to form a binding contract. You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorised to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your BasicSubscriber Information with anyone, and you must protect the security of your account details and password. You are responsible for any activity associated with your account.In order to access the Services you will need to install the YachtNoter application on your phone or mobile device.Obtaining those devices and ensuring their connectivity and data plans is your responsibility.

Where does my data go?

You can use the YachtNoter application worldwide, and your data is stored in accordance with our Privacy Policy. If you use the Services, you acknowledge that you may be sending electronic communications (including your Basic Subscriber Information and Content) through computer networks owned or operated by Ankor Software, itsService Providers, and other third parties located in other locations, including but not limited to the United States, European Union countries, and Australia. As a result, your use of the Services will likely result in international data transmissions, and your use of the Services shall constitute your consent to permit such transmissions. 

The Privacy Policy says my data is mine – What does that mean? 

You retain all rights you already held in your Content before you submitted it the YachtNoter application.But you do grant us a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, Ankor Software acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.

What rights do I grant YachtNoter around using my Content and data?

In order to operate the Services, we must obtain from you certain limited license rights to process your Content so that the technical actions we take in providing the Services are compliant with relevant laws. Accordingly, by using the Services and uploading Content, you are granting us a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable us to operate the Services. For clarity, these license grants to us do not affect your ownership of your Content, unless otherwise agreed in writing. You also agree that we have the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion. 

From time-to-time YachtNoter will use aggregated and anonymised user data for the purposes of improving ourServices. By using the Services, you agree to give YachtNoter permission to collect and use anonymised, non-personally identifiable data derived from your use of the Services, and aggregate such data for our internal analytical purposes, which may include the provision of this information, in aggregate to third parties. This data includes, but is not limited to Content, information about your device, system and application software, peripherals and the use of theServices, to assist us in improving the YachtNoter app and related services, and to design, develop, market, and sell our products and services.

The aggregated, anonymised data may be used by us for any lawful business purpose without a duty of accounting to you, provided that the data is used and disclosed in a manner that does not enable identification or association of the information with you.  You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us). You also understand and agree that Ankor Software, in performing the required technical steps to provide the Services to our users, may make such changes to yourContent as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.

When you delete your YachtNoter account, you acknowledge that any Content you shared through the Services may remain fully available to other parties. You understand and agree that it may not be possible to completely delete that Content from YachtNoter’s records, and that your Content may remain viewable elsewhere to the extent that it was downloaded, copied, or stored outside of YachtNoter.

Whatabout messaging and notifications?

As part of the Services, you may receive communications through the Services, including messages that we send you (for example, via email). When signing up for the Services, you agree to receive messages from YachtNoter and Ankor Software, however at any time you can opt out using the ‘unsubscribe’ options on the messages we send. You may also receive notifications from the YachtNoter application. You can manage your preferences around receiving notifications within your mobile device settings.What are the User Guidelines for using YachtNoter?The Ankor Software team works hard to provide you with a service that makes your life easier.

We strive to give you a great experience by offering great products, making sure that your data is protected and being fully transparent about our data handling practices. In return, we ask that you respect the Services, and follow these rules about what not to do when you’re using the Services. Please remember that when using the Services, you agree to our Terms of Use, including these rules: 

·      You won’t use the Services for anything illegal, or to promote illegal or illicit activities: Don’t upload, submit or export any Content that violates any laws or regulations, is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.You are responsible for complying with any laws or regulations applicable to the data in your account.

·      You won’t violate our users’ rights: Don’t invade another’s privacy, and don’t use someone’s personal data for commercial purposes or in some other manner that violates their rights or applicable laws. This also means you shouldn’t upload, post or otherwise transmit any Content that you don’t have a right to transmit.

·      You won’t violate IP rights: Don’t submit, upload or transmit Content that infringes the intellectual property or proprietary rights of another party.

·      You won’t mess with our Services: Don’t upload, promote or distribute software viruses or any other kind of computer code, files or programs that attempt to interrupt, destroy or limit the functionality of our Services. And don’t use the Services in a way that could lead to the interruption of access for others.

·      You won’t attempt to copy or resell our Services or our data: Don’t try to reproduce, copy or create derivative works of the Services, or otherwise try to exploit any part of, use of, or access to the Services. Don’t try to copy, scrape or otherwise duplicate our Data for any purpose other than that expressly permitted.

·      You won’t pretend to be someone you’re not: Don’t create accounts with fake, intentionally inaccurate, or misappropriated Basic Subscriber Information.Don’t attempt, in any manner, to obtain the password, account email, or other security information from any other user.

·      You won’t share accounts or login details with others: Don’t share your BasicSubscriber Information with anyone else (it’s extremely risky). Your account is for you, so don’t compromise the integrity of your Content or the security of our Services by sharing your access.

 We reserve the right to suspend or terminate your access and/or account if we identify a violation of these User Guidelines.

What is meant by the term “Content”?

We define “Content” as all material displayed, submitted, uploaded, or available on or through the Services, including, but not limited to, text, photos, videos, data, images, diagrams, illustrations, and so forth. Basically, anything you add, upload, download, share or store through the Services is your Content, which you are solely responsible for. You represent that all Content submitted by you is your own, or that you have express permission to use. 

All Content, including yours, ours, and other users’ is protected by intellectual property laws. You promise to abide by all copyright notices, trademark rules, and restrictions contained in any Content you submit, post, access or transmit through the Services, and you won’t submit, copy, reproduce, modify, translate, transmit, distribute, upload, license, sell, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the Content owner, or (ii) in away that violates someone else’s rights.

Certain things you contribute or submit on the Services are not considered to be Content, for example, Feedback.If you provide us (via the application, email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (the “Feedback”) you agree to grant us a license to freely use your feedback without limitation. We will do our best to take it on and improve the product for all our users.

What if another user shares Content with me from or viaYachtNoter?

Any Content that is shared through theServices is the sole responsibility of the person from whom such Content originated, and you acknowledge that accessing all such Content is at your own risk, and we aren’t liable for any errors or omissions in that Content, or for any damages or loss you might suffer in connection with it. We can’t guarantee the identity of any users with whom you receive Content within or outside of the Services and are not responsible for which users gain access to the Services. 

Be careful clicking on any links to third-party websites or services that are contained in Content that has been shared with you via the Services. Content from users may include links to third-party websites or services that are not know to, nor related to Ankor Software. We will not and cannot monitor, verify, censor or edit such third-party websites or services. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to read the terms and conditions and PrivacyPolicy of any third-party website or service that you visit or utilise. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Ankor Software is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Ankor Software, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in anyway related to such disputes and/or our Services.

Will YachtNoter monitor and enforce any Content that infringes intellectual property rights or violates the User Guidelines?

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.In addition, we have the right to:

- Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Terms of Use, including the User Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.

- Take appropriate legal action for any illegal or unauthorised use of the Services. Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

You waive and hold harmless Ankor Software and its affilliates, licensees, and service providers from any claims resulting from any action taken by us/any of the foregoing parties during, or as a consequence of, investigations by either Ankor Software or law enforcement authorities. However, we cannot and do not undertake to review Content before it is submitted on the Services and cannot ensure prompt removal of objectionable Content after it has been submitted or shared. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Will YachtNoter ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove anyContent from the Services at any time, for any reason (including, but not limited to, if someone alleges that you supplied Content in violation of theseTerms), in our sole discretion, and without notice. Does it cost anything to use YachtNoter?Our Services may be free or we may charge a fee for using them. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees. 

In-App Purchases

The availability of our mobile application is dependent on the third-party stores from which you download the application, e.g., the Apple App Store and Google Play Store. These App Store shave their own terms and conditions to which you must agree before downloading mobile applications from such stores. You agree to comply with, and your license to use our application is conditioned upon your compliance with, the applicable App Store’s terms and conditions. To the extent such other terms and conditions from the applicable App Stores are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Through our mobile application, you may purchase (“In-App Purchase”) Paid Services. When you make an In-AppPurchase, you are doing so through the applicable App Stores services, and you are agreeing to their applicable Terms and Conditions. We are not a party to any In-App Purchases. Subscriptions

Terms of Subscription

·     Licence Grant: The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub licensable basis, solely to be used in connection with the Services for individual use, subject to all these Terms as they are applicable to the Services.

·     Term: The term of Subscription (“Subscription Term”) shall be renewed automatically unless you opt out of auto-renewal, which can be done through your applicable App Store account settings. If you choose not to opt out, any paid services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel the applicable Paid Service through your account settings in the applicable App Store before the end of the recurringSubscription Term. Unless expressly agreed, we will not refund any fees you have already paid for Paid Services.

·     Payment: The Services may be free or we may charge a fee for using the Services. If you are using a free version of theServices, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. 

a. PaidServices: Certain of our Services may be subject to payment snow or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. Currently, we offer our mobile application andIn-App Purchases (defined below) through Apple App Store and Google Play Store(“App Stores”). You agree to comply with, and your license to use our mobile application is conditioned upon your compliance with the applicable App Stores’ terms and conditions. Any refunds relating to the applications or inquiries regarding refunds relating to the applications shall be handled solely by the applicable App Store in accordance with their terms and conditions.

b.     Billing: All payments for the Paid Services are processed through the applicable App Store’s services (“Payment Processors”) by billing your payment account linked with the applicable App Store (your “Billing Account”). The processing of payments will be subject to the terms, conditions and policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorise us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

c.     PaymentMethod: The terms of your payment will be based on your PaymentMethod and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen PaymentMethod. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

d.     CurrentInformation Required: You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your billing account current, complete and accurate, and promptly notify us or our payment processor if your payment method is cancelled (e.g.,for loss or theft) or if you become aware of a potential breach in security, such as the unauthorised disclosure or use of your Account or password information.Changes to such information can be made in your Account Settings with the applicable App Stores. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your Billing Account unless you have terminated your Paid Services as set for the above.

e.     Change in Amount Authorised: If the amount to be charged to your BillingAccount varies from the amount you pre-authorised (other than due to the imposition or change in the amount of applicable sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of yourPayment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

f.      FreeTrials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for thatPaid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support-yachtnoter@ankor.io.

What if I want to stop using the Services or delete my account? 

You’re free to do that at any time, either by deleting your account from within the Profile section of the mobile application, or by contacting us at support-yachtnoter@ankor.io. We will respond to your request as quickly as possible.

If you have deleted your account by mistake, contact us immediately at support-yachntoter@ankor.io and we will do our best to help, but unfortunately, we can’t promise that we can recover or restore your account or Content.

Please refer to our Privacy Policy and these Terms to understand how we treat information you provide to us after you have stopped using our Services. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement. 

What else do I need to know?

Warranty Disclaimer: Ankor Software and its licensors, suppliers, partners, subsidiaries or related entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Ankor Software and all such parties together, the “YachtNoterParties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the YachtNoter Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, orin any way related to your participation in, the Services. The YachtNoterParties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. The services and content are provided by Ankor Software (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of the merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation of Liability: To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the YachtNoter Parties be liable to you or any other person for: (A) any indirect, special, incidental, punitive or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction; (B) any substitute goods, services or technology; (C) any amount, in the aggregate, in excess of the greater of (i) one hundred Australian dollars (A$100) or (ii) the amount paid and/or payable by you to Ankor Software in connection with the Services in the twelve (12) month period preceding this applicable claim, or; (D) any matter beyond our reasonable control. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation and exclusions may not apply to you.

Indemnity: You agree to indemnify and hold the YachtNoter Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to(a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Ankor Software’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law: This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including any non-contractual disputes or claims) shall be governed and construed in accordance with the laws of England and Wales.

Dispute Resolution: The courts of England have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms(including a dispute relating to the existence, validity or termination of theServices or any non-contractual obligations arising out of or in connection with these Terms) (a “Dispute”). Notwithstanding the foregoing, Ankor Software shall not be prevented from taking proceedings relation to a Dispute in any other courts with jurisdiction.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with theServices, provided that Ankor Software may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Ankor Software agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Ankor Software, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Ankor Software, and you do not have any authority of any kind to bind Ankor Software in any respect whatsoever. 

Except as expressly set forth in the sections above regarding the Apple and Google App Stores, you and Ankor Software agree there are no third-party beneficiaries intended under theseTerms.