Tradlinx Ocean Visibility Service Terms of Service

1. Effect and Amendment of Terms of Service

• The User applies for the Tradlinx Ocean Visibility Service (the “Service”) membership by i) agreeing to these Terms of Service (the “Agreement”) and ii) fulfilling any additional registration requirements set by Tradlinx (such as a registration application and confirmation of intended use). When applying, if the User clicks the "Agree" button for the Agreement online, it is considered that the User has read and fully understood the contents of the Agreement and agreed to its application. However, in case of a written Agreement, the Agreement is deemed to be in effect by a signature or a stamp.
• The Agreement may be revised at any time. If Tradlinx intends to apply the revised Agreement, it will notify the User at least 7 days in advance (except in cases where the changes are unfavorable to the User, in which case it will be 30 days in advance). Tradlinx will inform the User of the fact that the Agreement has been revised, the revised content, etc., through e-mail notification. However, if there are unavoidable reasons preventing prior notice, Tradlinx will announce the reasons along with the notice. Additionally, the User must ensure that their contact information provided to Tradlinx, such as email address and mobile phone number, is always up-to-date. Tradlinx is not responsible for any disadvantages incurred by the User's failure to do so.

2. Governing Law and Jurisdiction

The Agreement shall be applied fairly in accordance with the principles of good faith. The Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea and the Seoul Central District Court shall have exclusive jurisdiction in all questions and controversies arising out of the Agreement.

3. Changes to the Agreement

If the User wishes to change the details of the Service, the User must proceed with the Service change and modification process on the website. However, in relation to matters recognized by Tradlinx, changes may be made through other methods such as phone calls, emails, or other forms of communication.

4. Termination Regulations

• If the User wishes to terminate the Service, the User must proceed with the membership termination process on the website.
• When the following two conditions are met, Tradlinx will terminate the User's Service on the following day:
  • Confirmation of completion of the termination process pursuant to paragraph 4.1.
  • Full payment of fees until the day of Service termination according to the Agreement
• Tradlinx may, at its discretion, restrict the User's use of the Service if the User falls under any of the following conditions. However, if Tradlinx intends to terminate the Service contract of a paid User falling under each item, it must notify the User of its intention 15 days before the termination, giving the User an opportunity to express their opinion. During this period, the User's Service use may be suspended or restricted.
  • The User violates the Service restriction regulations or does not resolve the restriction reasons within the restriction period specified.
  • The User unreasonably neglects or refuses to respond within the 15-day period without justifiable reasons.
  • The User applies under someone else's name or enters into the Service contract by providing false information or attaching false documents in the application.
• Tradlinx may restrict the User from resigning to the Service for a certain period for the User who has been terminated under the provisions of paragraph 4.3.
• If the Service use is terminated before the deadline as specified in paragraphs 4.1 and 4.2, the unused amount will be refunded based on the usage amount calculated by regular price (not the price based on the discount rate). However, if this amount exceeds the amount paid by the User, termination will be carried out without separate refund or additional payment.

5. Content of the Service

• Tradlinx provides a Service that monitors the status and location of maritime container ships in the form of SaaS or API to the User.
  • Ship Monitoring: Provides information on the status and location of container ships based on identifiers such as IMO, MMSI, Call Sign, and ship name.
  • Container Cargo Monitoring: Provides information on the movement status of cargo based on information such as B/L, Container number, carrier, departure port, and arrival port.
• Tradlinx's Service may have limited functionality in certain environments, data transmission methods, and browsers. Tradlinx should take measures to ensure smooth Service initiation through technical discussions with the User. (SaaS Services are optimized for Internet Explorer 11 or later and Chrome web browser environments.)

6. Usage and Notice of the Service

• The Service is available 24/7 throughout the year. However, the Service may be temporarily suspended for business or technical reasons, and Tradlinx may suspend the Service for operational purposes during designated periods. If Tradlinx's Service or API server is down for more than 10 minutes, Tradlinx generally provides notice at least 48 hours in advance. In cases where advance notice is not possible due to unavoidable reasons, Tradlinx will afterward provide notice along with the reasons.
• Tradlinx may divide the Service into specific scopes, each with separately defined available times, and will notify the User of such information.

7. Acceptance of Risk

• By agreeing to this Agreement, the User acknowledges and agrees that Tradlinx's Service does not guarantee the accuracy, suitability, timeliness, legitimacy, legality, or continuity of the Service.
• The User should only use Tradlinx's data for reference. While Tradlinx's data is generally reliable, data related to ship location, ship schedules, ship specifications, ship names, IMO numbers, MMSI, Call Sign, Flag, etc., may be inaccurate or incomplete. By using the Service, the User assumes all risks associated with using the data and must evaluate them responsibly.

8. Limitation of Company's Liability

• AIS satellite operators, carriers, terminals, and all other information providers are independent contractors and not agents or subsidiaries of Tradlinx. Therefore, Tradlinx is not responsible for direct, consequential, or incidental damages (including loss of business profits, business interruption, loss of business information, etc.) arising from the acts, errors, omissions, guarantees, violations, negligence, etc., of these data providers.
• Data may be missing or changed without prior notice due to circumstances related to AIS satellite operators, carriers, terminals, and other information providers. Changes in information may not be immediately reflected by virtue of Tradlinx's data collection and update policies. The User is aware of the nature of the information provided by Tradlinx and acknowledges that external factors may cause information to change, be inaccurate, or result in problems during data provision. Therefore, Tradlinx is not responsible for the accuracy, suitability, reliability, legitimacy, etc., of the information, and Tradlinx is not liable for any damages or losses incurred by the User.
• Regarding the damages due to the User being unable to use the Service continuously for over an hour, if the damages are caused by and attributable to Tradlinx, the User may be compensated for the unused time, within the amount of 2 times the monthly cumulative unused time multiplied by the 1-hour average fee for the most recent 3 months. However, under a separate agreement between Tradlinx and the User, compensation may be provided as additional usage time within two times the unused time (1 hour or less is considered as 1 hour).
• Tradlinx may compensate for damages caused by the User's inability to use the Service due to issues with the server (MS AZURE) used by Tradlinx, as described in paragraph 8.3. However, the maximum compensation limit for the User cannot exceed the compensation amount received by Tradlinx from the server hosting company (MS AZURE).

9. Restriction and Suspension of the Service

• Tradlinx may restrict or suspend the use of the Service if the User falls under any of the following cases:
  • Using someone else's name (company name, business registration number, etc.) to apply for Service.
  • Engaging in activities that violate laws, public order, morals, etc., using the Service.
  • Interfering with third-party Service usage or transferring or leasing Service eligibility without permission.
  • Engaging in actions that cause errors or damage to the Service operating system or exploiting errors or malfunctions in the Service operating system, posing a risk.
  • Causing errors or damage to Tradlinx's operating system and servers due to excessive usage.
  • Due to legal requirements or orders, instructions, guidance, recommendations from relevant laws or agencies, or court decisions, making it significantly difficult for Tradlinx to provide Services or adhere to the Agreement.
  • Failure to pay Service usage fees in a timely manner or failure to fulfill other obligations under the Agreement, even after 10 days since Tradlinx has requested correction.
  • Occurrence of reasons for restricting or terminating the Service usage agreed upon between the User and Tradlinx.
  • Other reasons that significantly hinder the execution of the Agreement, as reasonably determined by Tradlinx.
• Tradlinx may limit or suspend the entire or partial Service in the event of a national emergency situation such as war, natural disasters, or events equivalent to them.
• If Tradlinx's access to essential information necessary for providing the Service is restricted due to circumstances related to satellite operators, carriers, terminals, and all other information providers, Tradlinx may limit or suspend the entire or partial Service.
• When limiting or suspending Service use in accordance with paragraphs 9.1, 9.2, and 9.3, Tradlinx must make efforts to promptly inform the User of the reasons, limitation period, etc.
• Tradlinx is not responsible for any losses caused by the User's inability to use the Service due to the intentional or negligent actions described in paragraphs 9.1, 9.2, and 9.3.

10. Payment Plans

• The Service usage fee refers to the cost incurred by the User for receiving information provided by Tradlinx in the form of SaaS or API.
• Tradlinx offers two payment plans for the Service usage fee: the Membership Plan and the pay-as-you-go system. Both payment plans operate on a prepayment-deduction basis.
  • The Membership Plan is based on a monthly subscription model and is automatically renewed under the same conditions on a monthly or annual basis, according to the User’s selection, unless the User submits a cancellation request. The Membership Plan provides the User with a certain amount of membership credits each month, which do not carry over to the subsequent month and expire if unused.
  • The pay-as-you-go system allows the User to purchase ‘T credits’ as needed for using the Service. ‘T credits’ are valid for five (5) years from the purchase date and will expire upon the conclusion of this period.
• Tradlinx’s shipment management, vessel management, and other services are paid services that require either membership credits or ‘T credits,’ which are deducted based on usage.
• Payments for the Membership Plan or the purchase of ‘T credits’ must be processed via credit card registration through a Payment Gateway (PG) company and must be prepaid prior to accessing the Service.
• The User acknowledges that Tradlinx shall not be held responsible for any loss or disadvantage arising from transaction failures or other issues related to the payment of Service usage fees.
  • If an automatic payment fails due to issues such as the validity or limit of the User’s credit card or debit card at the time of the transaction, reattempts to charge will be made every five (5) days. If the second reattempt also fails, the unpaid amount will be treated as an outstanding balance, and the Membership Plan will be automatically canceled.
  • In the event of an outstanding balance, the User’s access to the Service will be restricted until the outstanding balance is successfully settled.

11. Refund Policy

• Users who have paid for the Membership Plan can request a refund within 7 days from the start of the Service usage if no membership credits have been deducted. In this case, a 10% penalty fee is deducted from the Membership Plan payment amount.
• Users who have purchased 'T credits' can request a refund of the remaining 'T credits' within 14 days from the purchase date. In this case, the actual purchase amount of the remaining 'T credits' is refunded. However, if 'T credits' were purchased at a discount, the refund amount of 'T credits' should be calculated based on the pre-discount price of 'T credits', and a 10% penalty fee will be deducted based on the actual payment amount. If the sum of the penalty cost and the pre-discount value of the used 'T credits' exceeds the total purchase amount after the discount, no refund will be made.

12. Company's Obligations

• In the event of User complaints related to the Service, Tradlinx must promptly address them. If the prompt resolution is not possible, Tradlinx must notify the User of the reasons and the processing schedule.
• Tradlinx may not disclose or distribute information about the User obtained in connection with the Service without prior approval. However, exceptions are made if required by investigative authorities for the purpose of investigation under relevant laws or if Tradlinx provides the information to credit information agencies after notifying the User due to overdue Service fees for a period defined by Tradlinx.
• Tradlinx must promptly repair or restore facilities in the event of malfunctions or losses to ensure the continuous and stable provision of Services. However, in cases of force majeure, emergencies, or other unavoidable circumstances, Tradlinx may temporarily restrict or suspend the Service.
• Tradlinx must make efforts to provide convenience to the User in the procedures and contents related to the conclusion, modification, and termination of the Service contract.
• Tradlinx and the User must actively cooperate for external promotion related to the conclusion of this Service agreement.

13. User's Obligations

• The User must make timely payments of the Service usage fees specified in the Agreement as compensation for using Tradlinx's Service.
• In addition to the fees specified in the Agreement, if taxes such as value-added tax are incurred in connection with Service usage, the User must separately bear them.
• The User must use the information and Services provided within the scope allowed by the Agreement.
• The User must not engage in the following actions when using the Service. If the User's actions under each item cause damage or loss to Tradlinx, the User must compensate Tradlinx for all damages and losses incurred.
  • Providing false information when applying for or modifying the Service, or using another User's User ID and password fraudulently.
  • Replicating or distributing Tradlinx's Service information without Tradlinx's prior approval or for commercial purposes.
  • Damaging the reputation or causing harm to others.
  • Infringing on Tradlinx's copyright, third-party copyrights, or other rights.
  • Registering or distributing computer virus-infected data that may cause malfunctions or destruction of Service-related equipment or information.
  • Sending information that intentionally disrupts the operation of the Service or hinders the stable operation of the Service.
  • Causing errors or damage to the Service operating system or server by excessively using the Service, disrupting Tradlinx's operating system and server.
  • Impersonating or pretending to be a Tradlinx employee or operator, or posting messages or sending emails by stealing someone else's identity.
  • Accessing, monitoring, or copying company data using robots, spiders, scrapers, or similar tools.
  • Mirroring any part of Tradlinx's website without Tradlinx's permission.
  • Engaging in other illegal or unfair practices.
• The User must comply with relevant laws, the provisions of the agreement, cautionary notices on the service, and any notifications provided by Tradlinx. The User must not engage in any activities that disrupt Tradlinx's business.
• The User must adhere to relevant laws, the provisions of this agreement, cautionary notices on the service, and any notifications provided by the service provider related to service usage.
• Upon termination of this contract, the User must promptly return or delete all information and services received from Tradlinx.
• The User may only use Tradlinx's data for internal purposes and for affiliated companies. They are prohibited from providing third parties, whether for a fee or free of charge, with any derivative products, data service results, or analysis materials derived from such data.
• The User must not use unauthorized websites or commercially exploit Tradlinx's data. Under no circumstances should the User resell the information, data, services, or result data provided by Tradlinx.
• The User and Tradlinx must actively cooperate for external promotion related to the conclusion of this Agreement.

14. Ownership of Information and Services Provided by Tradlinx

• Tradlinx owns all intellectual property rights, including patents, copyrights, trade secrets, and trademarks, related to the Services and information provided by Tradlinx. Tradlinx or third parties who produced or provided the Services own the copyright and other rights to the result data obtained through the use of Tradlinx's Service.
• Acceptance of the User's Service usage means the granting of a limited right (license) to use the Services and result data provided by Tradlinx according to the restrictions stipulated herein. However, acceptance does not imply the acquisition of intellectual property rights or related rights to the User for the intellectual property or related rights of Tradlinx.
• If the User exceeds the authorized scope of Tradlinx's intellectual property rights specified in clauses 13.1 and 13.2, causing damage to Tradlinx through the use of information and Services, the User must compensate Tradlinx for all damages incurred.
• Tradlinx may use the information provided by the User for promotional and advertising purposes within the scope allowed by law. If the User requests the discontinuation of the use of such information, Tradlinx shall comply with the request unless there are specific reasons not to do so.

15. Disclaimer

• Tradlinx is not liable for any damages arising from any force majeure events or circumstances beyond its control.
• Tradlinx is not liable for any damages caused by the User's intentional or negligent actions.
• Tradlinx is not liable for any damages caused by events beyond its control that cannot be controlled by Tradlinx without intent or negligence.
• Tradlinx is not liable for any damages incurred by the User or third parties due to the User's communication environment and facilities, etc.
• Tradlinx is not liable for any damages arising from the temporary interruption or suspension of normal Service due to reasons specified in these terms.
• The User must independently assess the information obtained through the use of the Service for any specific purposes or profits the User expects. Therefore, Tradlinx is not liable for any damages incurred by the User or third parties due to the User's choice to use or cancel Tradlinx's Service.

16. Privacy Policy

Tradlinx has separate provisions regarding the collection and processing of personal information and other information related to the use of the Service, as outlined in the Privacy Policy, available at [Privacy Policy Link]. By applying and agreeing to the Agreement, the User is deemed to have also accepted and agreed to the Privacy Policy of Tradlinx.

17. Non-competition Clause

The User may not use Tradlinx's Service for purposes that compete with Tradlinx's main commercial objectives or contradict Tradlinx's management policy. Additionally, the User may not produce or sell products in competition with Tradlinx's Services without Tradlinx's prior written permission, and the User may not profit commercially from such actions.

18. Policy on Third Party Services

The User may be able to access, use, and interact with third party related materials, such as websites, apps, content, and other products and services. The User acknowledges that when using third party services, third party service providers’ own terms and privacy policies will govern the use of those services. Tradlinx will not be responsible for any use, disclosure, or modification of the User’s information or data transmitted to, or accessed by, such third party.

19. Miscellaneous Provisions

• If any provision of the Agreement is declared illegal, invalid, or unenforceable by a court, it does not affect the validity of the remaining provisions of the Agreement.
• Tradlinx does not act as an agent for individual users, corporate users, affiliates, etc., using Tradlinx's Services.
• The User must maintain the confidentiality of information obtained during the Agreement process with Tradlinx, including Tradlinx's trade secrets, intellectual property, and other information that may affect Tradlinx's main business assets. Upon termination of the Agreement due to expiration, termination, or cancellation, the User must return or dispose of all information obtained during the Agreement process and related to Tradlinx's trade secrets, intellectual property, main business assets, and any material that cannot be returned must be destroyed.