Terms of Service

Thanks for using Cargoship and being part of this awesome community!

We drafted the following Terms of Service to make your user experience as smooth, private and secure as possible.

Contact

If you have any question, feedback or concern, fell free to rouch out to us at E-Mail: hello@cargoship.sh

Neccessary agreement

Cargoship is a product of the stackOcean GmbH, Kuhnkestraße 6, 24118 Kiel, Germany. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cargoship ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://cargoship.sh website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.

Use of service

We provide the following Services:

API Services: We provide API Endpoints to use our maschine learning models in your application(s) or organisation(s). The data will be transfered to our servers.
Docker Images: You can download the maschine learning models in a docker container to run the models on your own devices, cloud services, e.g..
Demo Usage: We provide demos on our site to test the models. By using our demos your data will be transfered to our server.

Intellectual Property

Unless otherwise stated, the Site is our property and all source code, databases, functionality, software, website design, audio, video, text, photographs and graphics on the Site (collectively, the "Content") and the trademarks, service marks and logos (the "Marks") contained therein are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Germany, international copyright laws and international conventions. The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.

If you are eligible to use the Site, you are granted a limited licence to access and use the Site and to download or print one copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Trademarks.

Certain items provided with the Services may be subject to "open source" or "creative commons" or similar licences (collectively, "Open Source"). The Open Source licence terms are not intended to supersede or be overridden by the licence and other terms of these Terms; however, the limitations of liability, disclaimers and this provision shall apply to such Open Source. Nothing in these Terms limits your rights under the terms and conditions of any applicable Open Source licence, or gives you any rights in lieu of those terms and conditions. If we (or you) make modifications to the Open Source, and if the applicable Open Source requires that such modifications be made available, and if we (or you) have not already published such modifications through the applicable Open Source community, then the modifications will be available on the applicable websites.

User registration

You may be required to register with the Site in order to use some of our services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

In order to create an account for yourself or your organisation on our website, you must be a natural person over the age of 16 or a duly registered legal entity. If you decide to create an account for your organisation, you represent that you have the authority to act on behalf of your organisation and to bind your organisation to these terms and conditions.

When you create your account, we will ask you to provide us with some basic information, such as your email address, password, username, full name, and other optional information such as payment information if you choose to purchase any of our paid services. All information must be accurate and current.

Payment

Our plans and the fees payable for the use of the Services you choose to purchase are available at https://cargoship.sh/#pricing. You may choose a customised plan, in which case the fees payable and payment terms will be subject to further discussion and mutual agreement with us and will be set out in the applicable Services Agreement, Order Form or other binding document signed by us. All fees are exclusive of any applicable taxes, which you are solely responsible for paying.

We reserve the right to change our prices from time to time at our sole discretion. If we do so, the prices will remain fixed for the term of your original subscription and the adjusted charges will only apply after the term of your new subscription. Plans are billed in advance on a monthly basis, and usage-based charges, which apply if you exceed your allotted usage, are billed on an as-needed basis.

Payment is processed on the website using the services of a third party payment. The payment processor's or credit card company's agreement governs your use of the particular account or credit card you provide, and you must refer to that agreement, and not these Terms, to determine your rights and obligations with respect to that agreement, account and activities. By providing us with your account or credit card number and associated payment information, you agree that we are authorised to immediately bill your account for all fees due and payable and that no further notice or consent is required. You agree to notify us immediately of any change in your billing address or the account or credit card used for payment. All fees are non-refundable and exclusive of any applicable taxes, which you are solely responsible for paying. You will reimburse us for any taxes relating to your purchase or use of the Services, other than taxes relating to our income.

Prohibited activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.

Duration and Termination

These Terms of Use shall remain in full force and effect during your use of the Site.

Without limiting any other provision of these Terms of Use, we reserve the right, in our sole discretion and without notice or liability, to refuse access to or use of the Site (including blocking certain IP addresses) to any person for any reason or no reason, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms of Use or any applicable law or regulation. We may terminate your use of or participation in the Site or delete your account and any content or information you have posted at any time, without notice, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, civil, criminal and injunctive relief.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://cargoship.sh/privacy By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Germany. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through your continued use of the Site, you are transferring your data to Germany, and you agree to have your data transferred to and processed in Germany.

Disclaimer

Cargoship strives in its own interest to provide you with an excellent user experience when using our services. We strive to keep our online services available at all times, but unfortunately we cannot guarantee this at all times. Cargoship makes no warranties of any kind, express, statutory or implied, as to the fitness for a particular purpose, the warranties of continuous availability, reliability and accuracy of the Services. To the extent consistent with applicable law, Cargoship shall not be liable for any direct, indirect, consequential, punitive, or incidental damages, or any loss of use, data, or profits, or business resulting directly or indirectly from the use of our services.

Limitation of liability

Cargoship's total liability is limited, to the extent consistent with applicable law, to the amount of 250 Euros or, if such amount is less than 250 Euros, to the amounts you have paid to Cargoship for use of our Services in the 12 months prior to the incident giving rise to liability.

Exceptions to the limitation of liability

Excluded from the limitation of liability, are liability for negligent conduct in case of personal injury, liability for grossly negligent conduct in case of other damages and liability for intentional acts.

Consumer rights

Cargoship recognizes that consumers in some countries have certain rights by the local legal regulations, which cannot be set aside by contracts. Without limiting any other provision of these Terms of Use, we reserve the right, in our sole discretion and without notice or liability, to refuse access to or use of the Site (including blocking certain IP addresses) to any person for any reason or no reason, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms of Use or any applicable law or regulation. We may terminate your use of or participation in the Site or delete your account and any content or information you have posted at any time, without notice, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, civil, criminal and injunctive relief.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of England, the application of the United Nations Convention on Contracts for the International Sale of Goods being expressly excluded. If your habitual residence is in the EU and you are a consumer, you are additionally protected by the mandatory provisions of the law of your country of residence. Cargoship and you both agree to submit to the non-exclusive jurisdiction of the courts of Ghent, which means that you may bring an action to defend your consumer protection rights in relation to these Terms of Use in Germany or in the EU country in which you reside.

Severability clause

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.