Terms of Service

The Not-so-small Print You Agree to by Using Our Services

Saildrone’s vision is that by improving our understanding of the Earth’s oceans, we gain critical environmental intelligence to better understand and advance weather and climate modeling, ocean science, sustainable fisheries management, and environmental monitoring. In using Mission Portal, you are an integral part of realizing that vision. We want to ensure that you are engaged in the experience and empowered to better understand the world and its oceans. Your experiences as a user are an important part of making Mission Portal useful. We welcome input from our users and are excited to see the amazing experiences you are having by using Mission Portal.

These Terms of Service contain an arbitration provision. Please review the Arbitration section for details.

These Terms of Service (“Terms”) govern your use of the Saildrone website (the “Site”), our Mission Portal, and any other services offered by Saildrone, Inc. (together, the “Services”). Saildrone, Inc. and any of our affiliates (collectively “we” or “us” or “Saildrone”) provide the Site and Services. “You” refers to you as a user of the Site or Services.

Mission Portal provides you with access to information displayed on Mission Portal for the delivery of data, information, documents, and communications for your respective account only. Mission Portal provides the ability for two-way communication between you and Saildrone and serves exclusively as a secure environment to transmit data, information, or other communications between you and us.

BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.

1. Eligibility

You must be at least 18 years old to use the Site or the Services. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Site and Services with permission from your parent or legal guardian.

You represent and warrant that you are an individual of legal age to form a binding contract. The Site and the Services are not for use by anyone under the age of 18. If you’re agreeing to these Terms on behalf of an organization or company (the “Customer”), you represent and warrant that you are authorized to agree to these Terms on behalf of the Customer and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or company).

2. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

3. Acceptable Use of the Site and Services

To the best of SAILDRONE’s abilities, we want to ensure that every User has an enjoyable experience in using the Application or Services.  To that end, we do expect that each use of our Application and/or Services will be done in an appropriate and respectful manner.  In keeping with the spirit of this expectation, Users are prohibited from:

• alter, remove, or obscure any proprietary notices, watermarks, legends, or other metadata included or embedded in the Site or Services;
• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any Web pages contained in the Site;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; 
• adapt, alter, publicly display, publicly perform, translate, create derivative works of, or otherwise modify the Site or the Services except as expressly authorized hereunder;
• sublicense, lease, rent, loan, transfer, or distribute the Site to any third party;
• allow third parties to access or use the Site or Services, including without limitation in any application service environment, service bureau, or time-sharing arrangements;
• use any aspect of the Site or the Services, specifically Mission Data, as training or validation of any artificial intelligence or machine-learning model; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

You must immediately notify us in writing if you discover or reasonably suspect any unauthorized use or access to Mission Portal, in whole or in part.

4. Ownership, Licenses, and Restrictions

We own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Site and Services are copyright © Saildrone. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Saildrone.

Subject to these Terms, Saildrone grants to you (a) a limited, nontransferable, nonexclusive, non-sublicensable, non-assignable, revocable license to access Mission Portal for internal use only. Mission Data is defined in the applicable underlying agreement and licensed to you based on the terms therein.

You may not use Mission Portal or Mission Data for any purpose except as expressly set forth herein or as otherwise agreed to by the Parties in writing.

5. Privacy

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

6. Links

The Site and Services may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it. 

7. Changes to the Site or Services

We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.

8. Suspension and Termination

We may temporarily suspend or limit your access to Mission Portal if your usage: (i) exceeds the scope of the license specified in these Terms, (ii) unduly burdens Mission Portal, or (iii) is otherwise inconsistent with normal usage. In any such event, we will contact you to review and attempt to resolve the matter. We may charge you, and you will pay Saildrone’s costs associated with any such misuse if you fail to respond to and address the matter in a timely manner (not to exceed one (1) business day after our initial contact). 

We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

9. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

10. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

11. Choice of Law; Arbitration Agreement & Waiver of Certain Rights

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws, rules, or provisions.

Any controversy, claim, or dispute arising out of or relating to these Terms or the breach hereof (including the applicability of this clause), whether based on contract, tort, statute, or other legal or equitable theory shall be settled solely by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules then in effect. The arbitration shall be conducted in Alameda County, California, USA by a sole arbitrator and the award of the arbitrator shall be final and binding, and judgment on the award may be entered, confirmed, and enforced in any court having jurisdiction thereof. Except as required by judicial process or by law, no party or arbitrator may disclose the existence, contents, or results of any arbitration hereunder without the prior written consent of the Parties. The arbitrator shall award the fees and costs (including attorneys’ fees) to the party whom the arbitrator deems to be the party most prevailing in the proceeding. Nothing in this clause shall preclude any Party from seeking interim or provisional injunctive relief, including a preliminary injunction, either prior to or during arbitration, if necessary to protect the interests of such Party.

If the immediately preceding paragraph is deemed to not be in effect for any reason, you agree that any action of whatever nature relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in the state of California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

12. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

13. Assignment

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

14. Changes to these Terms

From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.

PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.‍