The user of PLORA® has to accept a series of terms in order to be allowed to use this boating platform.
WELCOME TO PLORA
Any access to the Service and use thereof, implies the User’s unconditional acceptance of the Terms, as applicable from time to time.
MODIFICATION OF THE TERMS
Plora reserves the right to amend the Terms from time to time, in order to reflect changes in its Service in case we launch a new feature, for legal, regulatory, or security reasons, or to prevent abuse or harm, by posting a notice to this effect on the Site. If you don’t agree to the updated Terms, you should discontinue use of the Service. Any further use of the Service by you after such a notice shall be considered as an acceptance of such changes.
Therefore, since you are bound by these Terms, we suggest you check back and review this document from time to time.
Description of the Service
Plora Service provides assistance to nautical navigation and transit/trip planning. It allows Users to visualize nautical charts supported by a variety of information, to create and calculate routes, in accordance with data provided by and uploaded by Plora and its Users via the App. The Service is provided through the App and you must be at least 18 years old in order to be able to use it.
Plora Service offers the following options to its Users:
- Navigation by search or by clicking on the map;
- Chat with Friends;
- Distress signal (SOS) to all Plora Users on 10km radius which can be recalled;
- Share routing/Trip planning;
- Share location on the map;
- Weather forecast map;
- Store personal & public locations; and
- Uploading photographs and/or any other content (hereinafter the “Content”) on the App.
Users are also allowed filtering on the map among any of the following:
- Service providers;
- Places to swim;
- Places to eat; and
- Places for photos.
All the above hereinafter referred to as “Features”.
Users should note that access to the internet is required for the Plora Service to work properly and effectively. The internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense.
Use of the Service
- Use of the Service requires User’s registration. As a process it’s fairly simple. It requires the creation of a Plora account whereby the User shall provide name, surname, birthday date, e-mail address and a password. Needless, to say that your password shall be securely stored and not shared with anyone. In addition, you should be aware that the Service is provided to a single User and access to the Service by any third party through the use of User’s account is strictly prohibited.
- Once you register then you will have a free trial period of three (3) days, where you can deploy the Service and all its Features and test whether you like it or not! After the free trial period, if you wish to continue making use of the Service you must opt in either for a two (2) weeks plan or an annual one (12 months).
- You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; or (iii) offer to rent or lease the Service without the prior written consent of Plora. For the avoidance of doubt, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
- You may not copy, print, save or otherwise use data from the Service’s database.
- The Service should be used solely as a navigation aid. It may not contain all nautical navigation data needed for safe nautical navigation and it is not adequate as a primary means of navigation. Therefore, you acknowledge and undertake to exercise your own judgement.
- The Service may not be used in any way that is not expressly permitted by these Terms.
Cancellation of the Service
You have the right to cancel your subscription at any time. This will take effect at the end of your current payment cycle.
We reserve the right to terminate your subscription without cause at any time.
As it is evident from the list of Features that has been included above, the User has the option to upload Content on the App if he/she wishes so. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content on the Service.
Through publishing Content on the Service, the User hereby grants to Plora the non-exclusive, unlimited, transferable, sub-licensable and irrevocable right to use, reproduce, modify, adapt, translate, distribute and publish the Content using any means and for any purpose. In addition, the User when uploads Content on Plora represents and warrants that he/she owns all intellectual property rights in the Content.
It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Plora or the Service and such Content strictly complies with these Terms.
You must access and use the Service only for legal, authorized, and acceptable purposes. When you submit Content to be published by the Service, you must ensure that it is lawful and does not:
- violate, misappropriate, or infringe the rights of Plora, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
- are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm;
- involve publishing falsehoods, misrepresentations, or misleading statements;
- impersonate someone;
- involve any non-personal use of our Services unless otherwise authorized by us.
- poses a risk to a person’s safety, security or health;
- identify other persons without obtaining such persons’ express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
- falsely expresses or implies that such content is sponsored or endorsed by Plora.
INTELLECTUAL AND INDUSTRIAL PROPERTY – LICENSE AND LIMITATIONS TO USE
Intellectual and Industrial Property
The Service, including the App and the Site thereof, the Plora logo and other trade and/or service marks, as well as the database, including indicatively copyrights, trademarks, industrial designs, patents, distinctive features and trade secrets are the intellectual and/or industrial property of Plora, protected by the relevant provisions of Greek, EU and International Law.
In addition, the design, the composition of the content, the trade dress and the ‘look and feel’ of the maps, the layout of the Features as contained in the Service from time to time are exclusively owned by Plora or the Plora has the license to use them and Plora hereby reserves all copyrights in the Service and every element/feature, as protected under the relevant copyright provisions of Greek and EU Law.
The User shall note that he/she does not hereby acquire any property right in the Service, other than the permissions to use as explicitly provided for in the present Terms.
License and Limitations to Use
Subject to the User complying with the Terms, Plora hereby grants you a non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service. Each User acknowledges and accepts that the Service is intended solely for personal and not for commercial use.
The User undertakes that when using the Service he/she shall not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. User in addition agrees that the Service shall not be reproduced, copied, leased, sold, sublicensed, assigned, transferred, extracted, transmitted, broadcasted or distributed in whole or in part in any manner whatsoever. The modification, rearrangement, adaptation, translation or any other change to the Service, as well as the creation of derivative works or improvements, is expressly prohibited. Equally prohibited is the disassembly, reengineering or other attempt to obtain the source code of the App and the Site, and decompilation (other than to the extent permitted by law). Further, the creation and/or posting of a database containing substantial parts of the Service is not permitted, unless upon the prior express consent of Plora.
The User shall note that the use of the Service in any unlawful manner or for any illegal purpose or in violation of the applicable legislation or regulations as prescribed in Greek Law on intellectual property and relevant provisions of the European and International Law is prohibited. Any use of the Service which constitutes a violation of the Terms is strictly prohibited and shall automatically result in the termination of the above license. The license granted to the User may be freely revoked by Plora, without any prior notice in this respect and no compensation being required.
WARRANTY AND DISCLAIMER ON THE SERVICE AND ITS CONTENT
The Service is provided “as is” and “as available”. We do not warrant that the Service and its Features will be accurate or meet your requirements, or that the operation of the Service will be uninterrupted or error-free, or that defects in the application will be corrected or that it will always be available or free from all harmful components. Plora hereby disclaims all representations, warranties and conditions with respect to the Service and its Features, either express or implied including, but not limited to, the implied warranties and/or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement of third-party rights.
Even though we work hard to provide you with a top-notch Service, the Service may not contain all nautical navigation data needed for safe nautical navigation. You should note that only current official government charts and notices to mariners contain all information needed for safe nautical navigation.
Plora’s Service is for situational awareness purposes only and not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data could lead to death, personal injury, property or environmental damage.
Therefore, you expressly acknowledge and agree that the use of the Service and its Features thereof is at your sole risk; you must evaluate the Features as you are solely responsible for your own actions that are based on the use of the Service and the risk as to satisfactory quality, performance, safety, accuracy and effort rests with you.
LIMITATION OF LIABILITY
Plora, its employees and executives, its agents or any third party involved in the creation, production or publication of the Service and its Features shall bear no liability, to the extent permitted under applicable law, for any direct, indirect, incidental, special, consequential, exemplary, or punitive, moral, or any other damage whatsoever including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or associated with your use of or inability to use the Service, however caused, and even if Plora has been advised of the possibility of such damages.
Plora’s aggregate liability, whether in contract or tort (including negligence) or otherwise, arising out of or relating to the use of or inability to use the Service in no circumstances shall exceed 100 Euros.
The User agrees to protect, defend and indemnify Plora, its licensors, associates, employees, subcontractors and in general the personnel of Plora from and against all claims and liabilities (including claims by third parties), any damage and expense (including attorneys’ fees) without limitation and which directly or indirectly arises from or is attributed to any claims for injury to or death of any person or persons, including your employees, or for loss of or damage to any property, including any watercraft, or otherwise arising out of or in any way relating to your use of the Service provided hereunder.
GOVERNING LAW - JURISDICTION
The present Terms and any amendment hereto shall be governed by and construed in accordance with the laws of the Republic of Greece. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Athens, Greece. If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
The present Terms contain the entire understanding between Plora and you relating to the subject matter hereof. No waiver or modification of any of the Terms hereof by you will be valid unless in writing and signed by both Plora and you. No waiver of any breach will be deemed a waiver of any subsequent breach. If any provision of the present Terms is held to be invalid or unenforceable, the remaining provisions will not be affected.
You shall not assign and/or transfer your rights in and to the Service, without the prior written consent of Plora. Plora may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Plora’s obligations to you under these Terms.
RELATIONSHIP BETWEEN THE USER AND PLORA
These Terms and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Plora Service, its Content and Features and any other data.
In the event you issue a purchase order (PO) for purchasing any subscription on the Service, the terms and conditions therewith are hereby superseded by the present Terms which shall govern and take precedence over all other terms and conditions contained on or referenced by such PO.
Plora retains the right to block your access to the Service and discontinue your use of the Service, at any time, if any of the following instances occur:
- You materially or repeatedly breach these Terms;
- We’re required to do so to comply with a legal requirement or a court order;
- We reasonably believe that your conduct causes harm to a user, third party, or Plora.
- You must comply with applicable third-party terms and conditions when using the Service.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable then it shall be deemed severed from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
- We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).
We would appreciate your feedback or other suggestions about Plora and our Service, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.
You may contact us concerning any question about the Service, through the channels listed below. We will make our best efforts to address your inquiry promptly.
Boat App Private Company
Address: Aspropyrgos, Diilistiriou street, 19300, Attica, Greece,
Email: [email protected]
Date Posted: 11/15/2022