Last updated: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you and Cetasol, Inc. ("Cetasol," "we," "us," or "our") governing your access to and use of the Cetasol website at cetasol.co and the Cetasol maritime monitoring and analytics platform (collectively, the "Services").
By accessing or using our Services, creating an account, or clicking to accept these Terms, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use our Services.
If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
Cetasol provides a cloud-based maritime monitoring and analytics platform that includes vessel tracking via AIS data integration, ocean and weather data feeds, port intelligence tools, sensor data integration capabilities, and related APIs and developer tools (the "Platform"). The specific features and modules available to you depend on your subscription plan as described on our Pricing page.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services, except as required by a separate written agreement.
To access the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Each account may only be used by the number of named users permitted under your subscription plan. Sharing account credentials across more users than permitted under your plan is a material breach of these Terms.
Cetasol offers subscription plans as described on the Pricing page. The features, vessel limits, and user seat limits for each plan are defined at cetasol.co/pricing and may be updated periodically with notice to existing customers. Your subscription plan governs the level of service you receive.
Subscription fees are charged monthly in advance on the billing date established when you subscribe. All fees are stated in United States Dollars (USD) unless otherwise specified. Annual subscriptions, where available, are billed in full at the start of the annual period.
You authorize Cetasol (and our payment processor, Stripe) to charge your designated payment method on a recurring basis in accordance with your selected plan. You are responsible for ensuring your payment information remains current and valid.
All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties, excluding taxes based on Cetasol's net income.
Cetasol reserves the right to modify subscription fees with at least 60 days' notice to existing subscribers. Fee changes will take effect at your next renewal date following the notice period. Continued use of the Services after the price change becomes effective constitutes acceptance of the new fee.
Except as required by applicable law, subscription fees are non-refundable. If you cancel your subscription, you will retain access to the Services through the end of your current billing period. We do not provide credits or refunds for partial months.
You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation takes effect at the end of the current billing period. After cancellation, your access to the Platform will be disabled and your data will be retained for 30 days, during which you may request an export, before permanent deletion.
Cetasol may suspend or terminate your account and access to the Services immediately without notice if: (a) you breach any provision of these Terms; (b) you fail to pay fees when due and the non-payment is not cured within 10 days of notice; (c) Cetasol reasonably believes that your use of the Services creates a security risk or liability for Cetasol or other customers; or (d) required by law or regulation.
Upon termination, all rights and licenses granted to you under these Terms will immediately terminate. Sections of these Terms that by their nature should survive termination will survive, including without limitation provisions governing intellectual property, disclaimers, indemnification, and limitation of liability.
You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms. Specifically, you agree not to:
The Platform, Website, and all underlying technology, software, algorithms, models, documentation, and content (other than Customer Data) are the exclusive property of Cetasol and its licensors. These are protected by copyright, patent, trademark, and other intellectual property laws. The Cetasol name, logo, and product names are trademarks of Cetasol, Inc. Nothing in these Terms transfers any intellectual property rights to you.
Subject to your compliance with these Terms and payment of applicable fees, Cetasol grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business operations in accordance with your subscription plan.
You retain ownership of all data you upload, submit, or create through the Platform, including fleet configurations, vessel data, alerts, and reports ("Customer Data"). You grant Cetasol a limited license to process Customer Data solely to provide the Services and as described in our Privacy Policy. Cetasol does not claim ownership of Customer Data.
If you provide feedback, suggestions, or ideas regarding the Services, you grant Cetasol a royalty-free, worldwide, irrevocable license to use and incorporate such feedback into the Services without obligation to you.
Each party may disclose certain confidential information to the other in connection with the Services. The receiving party agrees to: (a) hold the disclosing party's confidential information in strict confidence; (b) not disclose such information to third parties without prior written consent; and (c) use such information only for purposes of performing under these Terms. Platform features, pricing, performance data, and API specifications are considered Cetasol confidential information.
Cetasol processes personal data in accordance with our Privacy Policy. For customers subject to GDPR, we will execute a Data Processing Agreement (DPA) upon request. Cetasol maintains reasonable technical and organizational security measures to protect data processed through the Services, as described in our Privacy Policy and Security documentation available to Enterprise customers.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CETASOL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. AIS DATA, WEATHER FEEDS, AND OCEAN DATA PROVIDED THROUGH THE PLATFORM ARE SOURCED FROM THIRD-PARTY PROVIDERS AND CETASOL MAKES NO WARRANTY REGARDING THEIR ACCURACY, COMPLETENESS, OR TIMELINESS.
THE CETASOL PLATFORM IS AN ANALYTICS AND DECISION-SUPPORT TOOL. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MARITIME JUDGMENT, CERTIFIED NAVIGATION SYSTEMS, OFFICIAL CHART DATA, OR COAST GUARD COMMUNICATIONS. CETASOL DATA AND ALERTS SHOULD NOT BE USED AS THE SOLE BASIS FOR SAFETY-CRITICAL MARITIME DECISIONS, NAVIGATION ACTIONS, OR EMERGENCY RESPONSES. OPERATORS ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE REGARDING VESSEL OPERATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CETASOL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF CETASOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CETASOL'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO CETASOL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Cetasol and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your Customer Data; or (d) your violation of any third-party right, including any intellectual property right or privacy right.
The Platform incorporates data and services from third-party providers including AIS data aggregators, satellite providers, meteorological services (NOAA, ECMWF, and others), and chart data providers. Cetasol's agreements with these providers govern the permitted uses of their data. You agree to use third-party data accessed through the Platform only for your internal operational purposes and in accordance with any restrictions communicated through the Platform interface or documentation.
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction. Arbitration will be conducted in Boston, Massachusetts.
You and Cetasol agree that any arbitration will be conducted in your individual capacities only and not as a class action or other representative proceeding.
Entire Agreement: These Terms, together with the Privacy Policy and any applicable Order Form or Statement of Work, constitute the entire agreement between you and Cetasol regarding the Services and supersede all prior agreements.
Waiver: Cetasol's failure to enforce any provision of these Terms will not be deemed a waiver of its right to enforce such provision in the future.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Assignment: You may not assign or transfer these Terms without Cetasol's prior written consent. Cetasol may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure: Neither party will be liable for delays or failures in performance caused by circumstances beyond their reasonable control, including natural disasters, cyberattacks, government actions, or ISP outages.
For questions regarding these Terms of Service, please contact:
Cetasol, Inc. â€" Legal