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Terms of Service

The rules for using Seawise VDR Pro

These Terms of Service ("Terms") form a binding agreement between you and Seawise governing use of Seawise VDR Pro and related services (together, the "Service"). By creating an account, activating a licence, or accessing the Service you agree to them. Please also read our Privacy & Data Handling Notice, which forms part of this agreement.

Effective 11 July 2026 · Version 1.0

1. The provider & definitions

The Service is provided by A&N Seawise-Maritime Services LLP, a limited liability partnership registered in India with its office at Dehradun, Uttarakhand, India ("Seawise", "we", "us"), operating under the brand "Seawise Maritime Services". In these Terms: Customer ("you") is the organisation that licences the Service; an Authorised User is a person you permit to use the Service; Customer Data is data you or your Authorised Users submit, including uploaded voyage recordings and parsed outputs; an Order is the subscription, credit purchase or agreement under which the Service is licensed. An audit credit is a unit of licensed use consumed when a voyage is processed.

2. The Service

Seawise VDR Pro is a Voyage Data Recorder audit and playback platform. Authorised users upload VDR / S-VDR data, which the Service parses and presents for compliance review and audit — navigation and sensor data, bridge audio, radar/ECDIS imagery and alarms — supporting marine audits and investigations. Access is licensed by subscription and/or audit credits. We may improve, modify or add features from time to time provided we do not materially reduce the core functionality of a paid Service during a paid term.

3. Accounts, users & security

The Service is multi-tenant and isolated per Customer. You are responsible for your accounts, for authorising and de-authorising users, for the confidentiality of credentials, and for all activity under your accounts. Notify us of any suspected unauthorised access. Multi-factor authentication is offered and recommended. You must not share accounts or circumvent access controls.

4. Acceptable use

You must not misuse, probe or unconsentedly load-test the Service or circumvent its controls; access another tenant's data; upload unlawful, infringing or malicious content; reverse engineer the Service except where the law forbids that restriction; or resell or sublicense it without a written agreement. Use the Service for lawful purposes only.

5. Customer responsibility & compliance disclaimer

The Service supports but does not replace the Customer's and operator's legal responsibility for the accuracy of records, for achieving actual compliance, and for operational and safety decisions. We give no warranty that any output will be accepted by any flag State, Port State Control, class society or vetting regime. Automated checks, findings and analytics are advisory only — an aid to the auditor's professional judgement — and do not replace the auditor's or company's own assessment.

6. Customer Data, data protection & roles

You own and control your Customer Data. For personal data, the Customer is the controller / data fiduciary (under India's DPDP Act 2023 and the GDPR where applicable) and Seawise is the processor acting on documented instructions, as set out in the Privacy Notice. We maintain per-tenant isolation, role-based access and an audit trail; engage sub-processors under equivalent obligations; notify you of a personal-data breach without undue delay; and let you export your data at any time.

7. Licence grant

Subject to these Terms and the Order, we grant you a non-exclusive, non-transferable, non-sublicensable right to use the Service for the licensed period and scope. Access is licensed by subscription and/or by audit credits, which are consumed as voyages are processed. All rights not expressly granted are reserved.

8. Fees, licensing & renewal

The Service is licensed per the Order, by subscription and/or by audit credits. Fees are exclusive of tax and are non-refundable once a period begins or a credit is consumed, unless the Order says otherwise. Renewal terms are per the Order, and fees may change on renewal with notice.

9. Availability, support & maintenance

We aim for high availability, take regular backups and provide the Service on a commercially reasonable-efforts basis; maintenance interruptions are possible. Support is provided per the Order and our support channels.

10. Intellectual property

The Service, software, design and documentation are owned by Seawise and its licensors; only the clause 7 licence is granted. Customer Data remains the Customer's. Any feedback you give us may be used to improve the Service.

11. Confidentiality

Each party will keep the other's confidential information confidential, use it only to perform this agreement, and protect it with reasonable care. This does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law.

12. Warranties & disclaimers

Each party warrants it has authority to enter this agreement. Otherwise the Service is provided "as is" and "as available", and we disclaim all implied warranties including merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, and any guarantee of regulatory compliance.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect or consequential loss or loss of profit, data or goodwill. Our aggregate liability is capped at the fees paid or payable in the 12 months before the claim. We are not liable for the Customer's decisions or records. Nothing limits liability that cannot be limited by law, including death or personal injury caused by negligence, or fraud.

14. Indemnity

You will indemnify Seawise against third-party claims arising from your Customer Data, your breach of these Terms, or your infringement of a third party's rights.

15. Suspension

We may suspend the Service to protect its security or integrity, for breach, or for non-payment, with notice where practicable, and restore it on resolution.

16. Term, termination & data return

These Terms apply while the Service is used or a licence is active. Either party may terminate per the Order or on an uncured 30-day material breach. On termination the licence ceases; you may export Customer Data before the retention period ends, after which it is deleted or returned per the Privacy Notice. Clauses 10–14 and 20 survive termination.

17. Force majeure

Except for payment obligations, neither party is liable for events beyond its reasonable control, including acts of God, war, sanctions, epidemic, and internet, telecoms, connectivity or supplier failure.

18. Changes to these Terms

We may update these Terms. We will notify company administrators of material changes before they take effect; continued use after that constitutes acceptance. The current version is always available here.

19. Governing law & disputes

These Terms are governed by the laws of India. The parties will first seek to resolve disputes in good faith; failing that, disputes are referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act 1996, seated at Dehradun, Uttarakhand, conducted in English. The courts of Dehradun have exclusive jurisdiction for interim or injunctive relief. This is without prejudice to any mandatory rights you have by law.

20. General

These Terms, the Privacy Notice and the Order are the entire agreement; if they conflict, the Order prevails, then these Terms, then the Privacy Notice. Neither party may assign without consent, except to an affiliate or successor. If any provision is unenforceable, the rest stands. A failure to enforce is not a waiver. Notices to Seawise are sent to the contact below; notices to you are sent via your administrator.

21. Contact

A&N Seawise-Maritime Services LLP, Dehradun, Uttarakhand, India. Contact your Seawise account manager or company administrator, or email [email protected].

Version history

v1.0 · 11 July 2026 — first published version.

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