Athena Surveys is a product of Survey Association of 1914 Lt. A/S, based in Copenhagen, Denmark. In this document we will refer to us as “Athena Surveys”.
By using the Services, you agree to the Terms.
About Athena Surveys
Athena Surveys aims to simplify the sharing of media and data relating to maritime operations.
Athena Surveys consists of two environments: a Phone/Tablet app (henceforth “App”) for the collections of media and data, and a secured online environment (henceforth called “backend”) for the sharing and management of the data. The use of either the App and/or Platform is referred to as the “Services”.
The Survey Association of 1914 Ltd. A/S may conduct a desktop review of input and data entered in the Athena software, and compile these into a survey report in combination with the Survey Association of 1914 Ltd. A/S’ assessment of such input and data (the services). Such survey reports are solely based on the input and data provided by the user(s) of the Athena app, and The Survey Association of 1914 Ltd. A/S assumes no liability for the quality, completeness or accurateness of such input and data, which is the sole responsibility of the user(s) of the software and/or the user(s) of the survey reports, as the case may be.
Using Athena Surveys
By using the Services, you state that you will comply with these Terms and all applicable laws, rules, and regulations.
Athena Surveys grants you a worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use Services’ benefits in a way that these Terms allow.
Any mobile software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software.
Our Services let you create, upload, send, receive, share and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. For all Services you grant Athena Surveys a worldwide, royalty-free license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. You may expect from us that we will not sell or share any of the content in a way it may be traced to you.
While we’re not required to do so, we may access, review, screen, and delete your content if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
Securing your account
You are responsible for any activity that occurs in your Athena Surveys account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
If you think that someone has gained access to your account, please immediately reach out to Athena Surveys Support.
Data Charges and Mobile Phones
While the App provides the option to limit the use of a mobile plan for data (uploads), you are eventually responsible for any mobile charges that you may incur for using our Services, including data charges.
Modifying the Services and Termination
We’re improving our Services and creating new ones frequently. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
You can terminate these Terms at any time and for any reason by deleting your account. A company license can be terminated with only 1 months notice (except when you’ve signed up for a long term contract, in which case the minimum term in that contract shall apply).
Athena Surveys may also terminate these Terms with you at any time, for any reason, with 3 months advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services.
The termination of the Agreement includes the termination of the your right to use the software. In such event, you must remove and destroy all copies of the Software and all of its component parts.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE ATHENA SURVEYS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
ATHENA SURVEYS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH CARGOSNAP WILL BE RESPONSIBLE FOR.
Limitation of Liability
The Survey Association of 1914 Ltd. A/S makes no warranty, express or implied, with respect to services delivered by the Survey Association of 1914 Ltd. A/S.
The Survey Association of 1914 Ltd. A/S shall not be liable for indirect, special, incidental, consequential or punitive damages of any nature, including, but not limited to, business interruption costs, loss of profit, removal and/or reinstallation costs, reprocurement costs, loss of data, injury to reputation or loss of customers.
The Survey Association of 1914 Ltd. A/S’ liability shall not exceed the price for the services giving rise to such liability irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise.
Governing Law and jurisdiction
Services are subject to and governed by and shall be construed in accordance with the substantive laws of the Kingdom of Denmark without regard to conflict of laws principles, which lead to the applicability of another law than the substantive laws of the Kingdom of Denmark, and without regard to the United Nations Convention on the International Sale of Goods.
Any dispute, controversy or claim arising out of or in connection with Athena Surveys, or the breach, termination or invalidity of any agreement in relation hereto, if not amicably settled, shall be referred to the ordinary courts of Copenhagen. The City Court of Copenhagen shall serve as first instance unless the case is referred to the Danish Maritime and Commercial High Court in accordance with the Danish Administration of Justice Act.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Payment for the use of Athena Surveys should be made prior to the applicable use period. Failure to pay may lead to suspension and or removal of your account.
Any additional services or requirements you request us to be performed will be charged in addition to the license fee.
All prices are in Danish kroner and exclusive of VAT, unless otherwise agreed. In case of late payment, interest and fees are charged in accordance with applicable law.
You’re responsible for (and pays for) the acquisition of operating system licenses, basic software, IT environments other than development environment, image content, etc. in relation to the Solution, unless otherwise agreed.
You must acquire hardware yourself or give us access to the hardware through an agreement with the hosting provider. To the extent that you acquire hardware yourself, you also carry out the installation yourself unless otherwise agreed.
We are entitled to appoint, use and change subcontractors discretionarily.
Our documentation is limited to the documentation available in the Software.