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SEA ALERT APPLICATION TERMS OF USE

SEA ALERT

TABLE OF CONTENTS

  1. GENERAL PROVISIONS

  2. PURPOSE OF THE SEA ALERT APPLICATION, LEGAL DISCLAIMERS

  3. GENERAL RULES FOR USE OF THE SEA ALERT APPLICATION

  4. DETAILED RULES FOR USE OF THE SEA ALERT APPLICATION

  5. FEATURES OF THE SEA ALERT APPLICATION

  6. USE OF THE USER ACCOUNT

  7. SUBSCRIPTION AND PAYMENTS IN THE SEA ALERT APPLICATION

  8. CONTACT WITH THE SERVICE PROVIDER

  9. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THESE TERMS

  10. COMPLAINTS PROCEDURE

  11. STATUTORY RIGHT OF WITHDRAWAL

  12. OUT-OF-COURT COMPLAINT AND REDRESS MECHANISMS AND ACCESS TO THEM

  13. DOWNTIME AND TECHNICAL FAILURES

  14. REVIEWS OF THE SEA ALERT APPLICATION

  15. LICENCE TO USE THE SEA ALERT APPLICATION

  16. FINAL PROVISIONS

Thank you for your interest in our Sea Alert application (hereinafter: the “Application”, “Sea Alert Application”) available on mobile devices running Android and iOS and on the website www.sea-alert.com (hereinafter: the “Website”).

Please read this document carefully. These Terms govern use of both the Sea Alert Application and the Website by their users, including licence terms and the privacy policy for personal data collected and processed within the Application and the Website. The Sea Alert Application and content on the Website are protected by copyright, intellectual property law and other mandatory provisions of law. Use of the Sea Alert Application and the Website is only permitted on the conditions set out below.

These Terms set out the general rules and conditions for use of the Application and the Website. If you decide to use the Application or the Website, these conditions govern that use, including matters of our liability.

The Sea Alert Application is an auxiliary tool intended for sailors, skippers, shipowners and others navigating European waters. Its main function is to collect publicly available navigational warnings from websites operated by national hydrographic offices and maritime authorities in 27 European countries and present them in an accessible form on an interactive map. The Application also offers automatic translation of warning content into five languages (Polish, English, German, French and Spanish), alerts about hazards near the User’s current position, offline mode, and allows registered Users to add their own observations, comments and photos.

All data shown in the Application and on the Website are for information and supplementary purposes only. The operator is not the author or publisher of that data but aggregates and makes available information from external public sources. The Application and the Website do not replace official navigational communications.

We invite you to read these Terms.

Owner of the Sea Alert Application

GENERAL PROVISIONS

  1. The Sea Alert Application is owned by Wojciech Danilczuk conducting business under the name ARKONA WOJCIECH DANILCZUK, entered in the Central Register and Information on Business Activity of the Republic of Poland, with registered office and correspondence address: Truskawkowa 12, 55-080 Sadowice, Poland, VAT ID (NIP) 8251892827, e-mail: info@sea-alert.com (hereinafter also: the “Service Provider”).

  2. The Service Provider operates the Sea Alert Application and is solely responsible for proper provision of Electronic Services, including delivering Application resources and features consistent with these Terms and the Price List. Alongside the Service Provider, all Users are independent third parties. Users may use Electronic Services through the Application on the terms set out in these Terms, including obtaining information on navigational warnings from public European navigational sources, adding their own warnings, using offline mode, proximity alerts and other features. Data shown in the Application may be incomplete, outdated or incorrect and do not constitute an official source of navigational information. The User uses the Application at their own risk and must verify information through official channels (e.g. VHF, NAVTEX).

  3. These Terms apply to everyone using the Sea Alert Application unless a provision states otherwise. Nothing in these Terms is intended to exclude or limit any consumer rights under mandatory law. If any provision of these Terms conflicts with such mandatory rules, those rules prevail. These Terms also reflect requirements under the Digital Services Act, in particular information duties for micro-enterprises.

  4. Capitalised terms used in these Terms have the following meanings:

    1. DIGITAL SERVICES ACT — Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (OJ L 277, 27.10.2022, p. 1–102).

    2. SEA ALERT APPLICATION, APPLICATION — software together with non-software elements that form an integral part, enabling the User to use it on a mobile device meeting the requirements of these Terms, available on iOS and Android via the App Store and Google Play, for information on navigational warnings in Europe.

    3. PRICE LIST — the list of Subscription plans and any other paid features of the Application on www.sea-alert.com and in the Application.

    4. CIVIL CODE — the Polish Civil Code Act of 23 April 1964.

    5. CONSUMER — a natural person using the Sea Alert Application for purposes not related to their trade, business or profession.

    6. USER ACCOUNT, ACCOUNT — an Electronic Service: a set of resources in the Sea Alert Application IT system identified by the User’s e-mail address, name, country of residence and password, storing data provided by the User and information about the User’s actions in the Application, such as warnings, comments and photos added.

    7. COPYRIGHT ACT — the Polish Act of 4 February 1994 on copyright and related rights.

    8. TERMS — these Sea Alert Application terms of use together with annexes forming an integral part.

    9. SUBSCRIPTION — paid access to Application features on a subscription basis under these Terms and the Price List, with an optional free trial (14 days), monthly (30 days) or yearly plan, without automatic renewal.

    10. ELECTRONIC SERVICE — a service provided electronically by the Service Provider to Users via the Sea Alert Application in accordance with these Terms.

    11. SERVICE PROVIDER — Wojciech Danilczuk conducting business as ARKONA WOJCIECH DANILCZUK, entered in the Central Register and Information on Business Activity of the Republic of Poland, with registered office and correspondence address: Truskawkowa 12, 55-080 Sadowice, Poland, VAT ID 8251892827, e-mail: info@sea-alert.com, phone: +48 787322225.

    12. CONSUMER RIGHTS ACT — the Polish Act of 30 May 2014 on consumer rights.

    13. USER — any natural person with full legal capacity, or in cases provided by law a natural person with limited legal capacity, who uses or intends to use the Sea Alert Application, including consumers and businesses. The Application does not contain content prohibited for persons under 16, but the Service Provider does not require parental consent for such Users.

PURPOSE OF THE SEA ALERT APPLICATION, LEGAL DISCLAIMERS

  1. The Sea Alert Application (mobile on iOS and Android and via www.sea-alert.com, hereinafter the “Application”) is an auxiliary tool intended primarily for sailors, skippers, shipowners and others engaged in recreational or professional navigation in European waters.

  2. The Application collects publicly available information on navigational hazards from websites operated by national hydrographic offices, maritime authorities and other competent bodies in European countries, processes it (including translation into Polish, English, German, French and Spanish) and presents it in an accessible form, including on an interactive map. Registered Users may also add observations, comments and photos.

  3. All information provided in the Application is for information and assistance only. Data come from external public sources (such as European navigational institutions’ websites) and may be incomplete, outdated or inaccurate. The Application is a support tool, not a replacement for official sources of navigational information.

  4. The operator encourages Users to treat Application content as supplementary and to verify key navigational information using official means under maritime law, in particular VHF, NAVTEX and current “Notices to Mariners” from the competent authorities. Users should rely on those official channels for navigational decisions.

  5. Warnings, comments and photos added by other Users come from private individuals and are unofficial. The operator does not verify them substantively before publication. Users should assess reliability and verify against official sources before relying on them.

  6. Application services involve storage at the User’s request of data they enter and transmit and allowing them to view and manage that data from their Account. The Application’s role is limited to processing, transmitting and making available those data or User-generated content through the Application interface. The Service Provider does not verify accuracy, correctness or truthfulness of such information and data — that obligation lies solely with the User, who bears exclusive responsibility for all content and data entered, shared, transmitted or otherwise provided in the Application and for verifying their correctness and completeness.

  7. The Service Provider makes reasonable efforts to ensure use of the Application and Electronic Services is clear and transparent but cannot guarantee that every User can operate the Application alone or that it will meet the User’s goals. Services are provided “as is”; the Service Provider makes no implied or express warranties as to quality or fitness for a particular purpose. This does not exclude or limit statutory liability of the Service Provider to Consumers, in particular for lack of conformity of digital content or services.

  8. Nothing in this section 2 is intended to exclude or limit Consumer rights under mandatory law, in particular the Service Provider’s liability for defective performance.

  9. Posting navigational warnings in the Application is not intended to replace or substitute Enhanced Group Call (EGC) or the international NAVTEX service and does not relieve masters of the duty to monitor MSI transmissions under SOLAS.

GENERAL RULES FOR USE OF THE SEA ALERT APPLICATION

  1. The User must use the Sea Alert Application in line with its subject matter, purpose and these Terms, lawfully and in good faith, respecting personality rights and copyright and intellectual property of the Service Provider, other Users and third parties. The User must enter data that reflect the facts. Unlawful content is prohibited. The User must not use the Application to send unsolicited commercial communications (spam) or take action that disrupts the Application or causes harm to the Service Provider or other Users.

  2. The Service Provider uses reasonable efforts to update and verify data shown in the Application but is not obliged to verify timeliness or accuracy of data posted by Users. Users are responsible for all data they transmit, share, distribute or store in the Application.

  3. The Service Provider complies with Article 14(1) of the Polish Act of 18 July 2002 on providing services by electronic means (consolidated text Dz.U. 2024 item 1513), under which: “A person who, by making available resources of an ICT system for storage of data by a service recipient, does not know of the unlawful nature of the data or related activity and, upon receipt of an official notification or credible information about the unlawful nature of the data or related activity, promptly prevents access to such data, is not liable for the stored data.”

  4. Use of the Sea Alert Application involves standard Internet risks. A basic risk is possible “infection” of the IT system by software intended to cause harm or gain unauthorised access to User data. To reduce such risks, the Service Provider recommends keeping the operating system, antivirus and other security measures on the end device up to date.

  5. The Service Provider is the controller of personal data processed in the Sea Alert Application in connection with these Terms. Personal data are processed for the purposes, periods and on the bases set out in the Application privacy policy. The privacy policy describes how the Service Provider processes personal data in the Application, including legal bases, purposes and retention, and data subject rights. Use of the Application is voluntary. Providing personal data is also voluntary, subject to exceptions in the privacy policy (Electronic Services and statutory obligations of the Service Provider).

DETAILED RULES FOR USE OF THE SEA ALERT APPLICATION

  1. The Sea Alert Application is available as a free download from Google Play (Android) and the App Store (iOS).

  2. Use of the Application requires prior download and installation on a device meeting the minimum technical requirements in these Terms.

  3. Minimum technical requirements are:

    1. a smartphone or tablet with active Internet access,

    2. a currently supported version of iOS or Android,

    3. a valid e-mail address.

  4. Data transmission costs for download, installation and use of the Application are borne by the User under their agreement with their telecom operator.

  5. Full use of Application features is paid and requires an active Subscription. Subscriptions are purchased directly in Google Play or the Apple App Store after creating a User Account. A free 14-day trial is available, after which the User may choose a monthly or yearly plan. Details of Subscription plans and current conditions are in the app stores and on www.sea-alert.com.

  6. A Subscription is granted for one device. A User on a yearly plan may change device once per billing period. Subscription renewal is manual by the User in Google Play or the App Store.

  7. The User may stop using the Application at any time without giving reasons by uninstalling it from the device according to the operating system instructions.

FEATURES OF THE SEA ALERT APPLICATION

  1. Any User may use the Sea Alert Application on the terms set out in these Terms.

  2. Full use requires a registered User Account and an active Subscription. A User without an Account or Subscription only has access to login and registration screens.

  3. After creating a User Account and an active Subscription, the following Sea Alert Application features are available:

    1. access to an interactive map with current navigational warnings from official sources in 27 European countries;

    2. automatic alerts for navigational hazards near the User’s current position;

    3. offline mode using previously downloaded maps and data without an Internet connection;

    4. automatic translation of warning content into Polish, English, German, French and Spanish;

    5. adding own navigational warnings, comments and photos visible to other Users with the username;

    6. favourites, filters and viewing additional navigational warnings;

    7. newsletter — sign-up for news, updates and features;

    8. managing Account and Subscription settings.

  4. Detailed descriptions of features, how they work and instructions are in the Help/FAQ section in the Application and on www.sea-alert.com.

  5. For continuously provided digital services, the Service Provider may make changes to adapt the Application to technical development, improve security or service quality. Users will be informed of any material change in advance in a clear manner. If a change materially and negatively affects use, Consumers have the right to terminate the contract without notice period.

USE OF THE USER ACCOUNT

  1. Account creation requires three steps: (1) complete the interactive registration form on the main screen after launching the Application, (2) click “Register”, and (3) confirm intent to create the Account via the confirmation link sent to the e-mail address — at that moment a contract for the User Account Electronic Service is concluded. Registration requires: name, e-mail, country of residence and password. The User warrants that the data are true and current.

  2. An Account may also be created by signing in with third-party credentials (e.g. Google, Apple ID) — on first successful sign-in, an Application Account is created linked to that external account. The Service Provider is not responsible for availability or operation of third-party services.

  3. Use of the Account and certain features may require other data — the required scope is each time shown in the Application before use (e.g. data for navigational warnings such as photos, comments or locations). The User warrants they have any legally required authorisation to process and enter such data, including for warnings they add. The User is solely responsible for content and accuracy of entered data and any infringement of third-party rights.

  4. The User must keep Account data up to date. Failure to update may prevent use of the Application or result in liability for outdated information.

  5. A User may have only one Account at a time. If this is breached, the Service Provider may block or delete additional Accounts without prior notice.

  6. The User must keep Account credentials (including password) confidential. The User may not grant access to the Account to others, including by lending or sharing. Suspected unauthorised access must be reported promptly to info@sea-alert.com.

  7. The User Account Electronic Service is provided for an indefinite period. Uninstalling the Application does not delete the Account — to delete it, the User may at any time without giving reasons request deletion, in particular by e-mail to info@sea-alert.com. Deletion prevents login and use of Account features and resources.

  8. Deletion of the Account does not affect the Service Provider’s right to retain the User’s data for as long as necessary for other processing purposes (other than operating the Account) under the privacy policy.

  9. After deletion, the User may create a new Account unless the Account was removed by the Service Provider under points 10–15 of section 6 for reasons attributable to that User; in that case a new Account may only be created with prior consent of the Service Provider after those reasons have ceased.

  10. The Service Provider may suspend and ultimately delete a User Account for important reasons, in particular breach of these Terms, such as where:

  1. the User’s actions unlawfully harm the reputation of the Service Provider or the Application;

  2. the User uses the Application contrary to its purpose, subject matter or beyond the granted licence;

  3. the User’s actions threaten security of the Service Provider’s or Application’s IT systems or other Users;

  4. the User posts Illegal Content or other content inconsistent with these Terms, including unlawful, vulgar or offensive content, content infringing personality rights or copyright, or content promoting other apps, websites, products or services competing with the Application;

  5. the User is in arrears with any payments due to the Service Provider.

  1. Account suspension disables login. During suspension, Account features and resources are unavailable. Suspension may be for a fixed period stated by the Service Provider or until the cause ceases. The User should remove the cause and notify the Service Provider; the Service Provider will reactivate the Account promptly after confirming the cause has ceased.

  2. If the breach can be remedied or its effects removed by the User, the Service Provider will where possible call on the User to cease before suspending; if that fails or is impossible, the Service Provider may suspend. The Service Provider may also suspend without prior notice where needed to stop ongoing breaches or where breaches are repeated and persistent despite prior suspension.

  3. When suspending an Account, the Service Provider notifies the User — at the latest when suspension takes effect — with reasons by e-mail to the Account e-mail address.

  4. Account deletion is a final termination of the Electronic Service contract and may occur only if (1) a legal or regulatory obligation requires the Service Provider to end services to that User; (2) the Service Provider ends services for an overriding reason under national law consistent with EU law; (3) suspension has lasted more than 30 calendar days and the cause has not ceased; or (4) the User has repeatedly or grossly breached these Terms.

  5. If the Service Provider decides to delete the Account (terminate the contract), it notifies the User at least 7 days before deletion takes effect (notice period), with reasons by e-mail to the Account. The notice period does not apply if (1) a legal or regulatory obligation prevents observing it; or (2) the User has repeatedly or grossly breached the Terms, ending all services. Where no notice period applies, the Service Provider communicates the deletion decision at the latest when it takes effect, with reasons.

SUBSCRIPTION AND PAYMENTS IN THE SEA ALERT APPLICATION

  1. Detailed information on available Subscription plans and other paid features of the Sea Alert Application is in the Price List on www.sea-alert.com and in the Application.

  2. Paid features, including Subscriptions, may be purchased in the Application via the App Store (iOS) or Google Play (Android). To complete a purchase, the User should select the desired Subscription plan (monthly or yearly) and pay through the chosen store. Payments are processed directly by Apple Inc. (App Store) or Google LLC (Google Play), in line with their terms and payment methods available in each store (e.g. payment card, Apple ID or Google Pay account). If a transaction fails, the User should repeat the purchase process.

  3. The Service Provider offers the following payment methods in the Application:

    1. payments via App Store, processed by Apple Inc., One Apple Park Way, Cupertino, CA 95014, United States;

    2. payments via Google Play, processed by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.

  4. Subscription payments are for monthly (30-day) or yearly periods depending on the plan chosen. The Subscription period starts on the date of payment and licence activation. A free 14-day trial is available, after which the User may manually purchase a monthly or yearly Subscription. The licence covers one device; a User on a yearly plan may change device once per year.

  5. The User may cancel the Subscription at any time without giving reasons, provided cancellation takes effect at the end of the current licence period. The Subscription does not renew automatically — the User must manually renew for the next period by purchasing again in the App Store or Google Play. To manage the Subscription (including cancellation or plan change), the User should use account settings in the App Store or Google Play.

  6. If the User cancels, deletes the Account or uninstalls the Sea Alert Application after purchasing a Subscription, no refund is due for the started licence period, without prejudice to mandatory Consumer rights, in particular the right of withdrawal from a distance contract referred to in section 11 of these Terms.

  7. Other paid features of the Application, if any, are one-off and do not renew automatically. After the duration expires or the paid feature is used up, the User may repurchase manually in the same way as the first time.

  8. All paid features are activated promptly after payment is accepted by the App Store or Google Play, but no later than within 48 hours.

  9. Record, security and provision of purchase information to the User is achieved by (1) making these Terms available on www.sea-alert.com and in the Application, (2) sending the User purchase confirmation by the App Store or Google Play (including invoice or proof of purchase issued by those entities), and (3) optionally an e-mail from the Service Provider confirming activation. The Service Provider does not issue separate invoices — billing documents are generated by the App Store and Google Play.

CONTACT WITH THE SERVICE PROVIDER

The primary form of ongoing distance communication with the Service Provider is e-mail (info@sea-alert.com) and the contact form (typically under the “Contact” button or a similar tab in the Application), through which information about use of the Sea Alert Application may be exchanged with the Service Provider. Users may also contact the Service Provider in other lawful ways using the contact details at the beginning of these Terms.

ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THESE TERMS

  1. This section reflects provisions of the Digital Services Act as they apply to the Application and the Service Provider. As a rule the User is not obliged to supply content when using the Application unless these Terms require certain data (e.g. data necessary to register an Account and activate a Subscription). The User may also voluntarily supply and store other data using tools provided for that purpose by the Service Provider. Whenever the User supplies content, they must comply with these Terms.

  2. SINGLE POINT OF CONTACT — The Service Provider designates info@sea-alert.com as the single point of contact. It enables direct communication of the Service Provider with authorities of Member States, the European Commission and the European Board for Digital Services, and enables Users to communicate directly, quickly and easily with the Service Provider electronically for the purposes of the Digital Services Act. The Service Provider indicates Polish and English for communication with this point of contact.

  3. Procedure for reporting Illegal Content and action under Article 16 of the Digital Services Act:

  1. Any person or entity may notify the Service Provider at info@sea-alert.com of the presence of information they consider to be Illegal Content.

  2. The notice must be sufficiently precise and substantiated. The Service Provider enables and facilitates notices to that e-mail address containing all of the following: (1) a sufficiently substantiated explanation of why the notifier considers the information to be Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where appropriate, additional information allowing identification of the Illegal Content, having regard to the type of content and service; (3) the name and e-mail address of the notifier, except for notices concerning information relating to offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the notifier that the information and allegations in the notice are accurate and complete.

  3. A notice as above is deemed to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in respect of the information concerned if it enables the Service Provider acting with due diligence to determine — without detailed legal examination — the illegal nature of the activity or information.

  4. If the notice includes electronic contact details of the notifier, the Service Provider sends confirmation of receipt without undue delay. The Service Provider also informs the notifier without undue delay of its decision regarding the information concerned, including information on possibilities to challenge that decision.

  5. The Service Provider processes all notices received under the above mechanism and decides on the information concerned in a timely, non-arbitrary and objective manner and with due diligence. If automated means are used for such processing or decision-making, the Service Provider includes that information in the notification referred to in the previous point.

  1. Information on restrictions the Service Provider imposes in connection with use of the Application in relation to information provided by the User:

  1. When supplying any content in the Application, the User is subject to relevant restrictions already arising from other provisions of these Terms governing use of the Application. Without prejudice to those provisions, when supplying any content in the Application the User must in particular observe the following:

  1. use the Application, including posting content (e.g. on the Account or other publicly available content), in line with its purpose, these Terms, law and good practice, respecting personality rights and copyright and intellectual property of the Service Provider and third parties;

  2. supply content that reflects the facts and is not misleading;

  3. not supply unlawful content, including Illegal Content;

  4. not send unsolicited commercial communications (spam) via the Application;

  5. not supply content contrary to accepted netiquette, including vulgar or offensive content;

  6. not use Application features enabling communication or other interaction with other Users to harass or disturb them or to attempt phishing;

  7. where necessary, hold all rights and permissions required to supply such content in the Application, in particular copyright or required licences, authorisations and consents for use, dissemination, sharing or publication, especially for publishing and disseminating in the Application;

  8. use the Application in a way that does not threaten security of the Service Provider’s, the Application’s or third parties’ IT systems;

  9. not supply content intended to harm the Service Provider or other Users (in particular malicious software such as viruses, worms or trojans);

  10. not share data containing or enabling access to unlawful warez (e.g. illegally obtained computer files) or pornographic content.

  1. The Service Provider reserves the right to moderate content supplied by Users in the Application. Moderation is carried out in good faith and with due diligence, on the Service Provider’s own initiative or following a report, to detect, identify and remove Illegal Content or other content inconsistent with these Terms or to disable access to it, or to take measures necessary to comply with EU law and national law consistent with EU law, including requirements under the Digital Services Act, or requirements in these Terms.

  2. Moderation may be manual or use automated or partly automated tools to help identify Illegal Content or other content inconsistent with these Terms. After identifying such content, the Service Provider decides whether to remove or disable access or otherwise limit visibility or take other steps it considers necessary (e.g. contact the User to clarify concerns and amend content). The Service Provider will clearly and understandably inform the User who supplied the content (if contact details are available) of its decision, the reasons and available possibilities to challenge the decision.

  3. In exercising rights and obligations under the Digital Services Act, the Service Provider must act with due diligence, objectively and proportionately and with proper regard for the rights and legitimate interests of all parties involved, including service recipients, in particular fundamental rights under the EU Charter of Fundamental Rights such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.

    1. Any comments, complaints, grievances, appeals or objections regarding decisions or other action or inaction by the Service Provider following a received notice or a decision under these Terms may be submitted in a manner analogous to the complaints procedure in section 10 of these Terms. Use of that procedure is free of charge and allows electronic submission to the stated e-mail address. Use of the complaints procedure does not affect the right to bring court proceedings or other rights.

    2. The Service Provider handles comments, complaints, grievances, appeals or objections regarding such decisions or action or inaction in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other submission contains sufficient grounds for the Service Provider to consider that its decision not to act on a notice was unjustified or that the information is not illegal or inconsistent with these Terms, or contains information showing that the complainant’s conduct does not justify the measure taken, the Service Provider without undue delay revokes or amends its decision on removal, disabling access or other limitation of visibility or takes other steps it considers necessary.

    3. Users or other persons or entities that submitted a notice of Illegal Content who are affected by Service Provider decisions on Illegal Content or content inconsistent with these Terms may choose any out-of-court dispute settlement body certified by the digital services coordinator of a Member State to resolve disputes concerning those decisions, including complaints not resolved under the Service Provider’s internal complaint handling system.

COMPLAINTS PROCEDURE

Section 10 of these Terms sets out a common complaints procedure for all complaints to the Service Provider, in particular concerning Electronic Services and other complaints related to the Service Provider or the Sea Alert Application.

Below is additional information on liability of the Service Provider under applicable law.

The basis and scope of the Service Provider’s liability to the User for operation of the Application and its Electronic Services are determined by generally applicable law, in particular the Civil Code, the Consumer Rights Act and the Polish Act of 18 July 2002 on providing services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended).

For complaints concerning digital content or digital services purchased by a User who is a Consumer, the Consumer Rights Act as in force from 1 January 2023 applies, in particular Articles 43h–43q. Those provisions set out in particular the basis and scope of the Service Provider’s liability for lack of conformity of digital content or a digital service with the contract.

Complaints concerning operation of the Application, including its Electronic Services, may be submitted for example by e-mail to: info@sea-alert.com.

The Service Provider recommends that the complaint describe: (1) facts and circumstances of the subject of the complaint, in particular the type and date of the irregularity; (2) claims or other expectations of the complainant; and (3) the complainant’s contact details — this facilitates and speeds up handling. Those points are recommendations only and do not affect validity of complaints submitted without the recommended description.

If the complainant’s contact details change during handling of the complaint, they must notify the Service Provider.

The complainant may attach evidence (e.g. photos, documents or screenshots) related to the subject of the complaint. The Service Provider may also ask for additional information or evidence (e.g. photos) if that facilitates and speeds up handling.

The Service Provider will respond to the complaint without undue delay, no later than within 14 calendar days of receipt.

STATUTORY RIGHT OF WITHDRAWAL

  1. A Consumer who has concluded a distance contract may withdraw within 14 calendar days without giving reasons and without cost, subject to the cases in section 11.3 and costs in section 11.4. If withdrawal is effective, the contract is treated as not concluded.

  2. The withdrawal period for a contract whose object is performance of services, including Electronic Services of the Application, runs from the day the contract was concluded. To meet the deadline it is sufficient to send the statement before it expires. Withdrawal may be submitted for example electronically by e-mail to: info@sea-alert.com. The Consumer may use the model withdrawal form in Annex 2 to the Consumer Rights Act but is not obliged to.

  3. The right of withdrawal from a distance contract does not apply to the Consumer inter alia in respect of contracts: (1) for services for which the Consumer must pay a price, if the Service Provider has fully performed the service with the Consumer’s express prior consent, and the Consumer was informed before performance began that they would lose the right of withdrawal after full performance by the Service Provider, and acknowledged that; (2) for supply of digital content not on a tangible medium for which the Consumer must pay a price, if performance began with the Consumer’s express prior consent, the Consumer was informed before performance began that they would lose the right of withdrawal after full performance by the Service Provider, and acknowledged that, and the Service Provider provided confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.

  4. In cases other than section 11.3 above, the following consequences and costs of the Consumer exercising the right of withdrawal apply:

    1. The Service Provider must without undue delay, no later than within 14 calendar days of receipt of the withdrawal statement, refund all payments made by the Consumer, subject to payment for performance already supplied as in section 11.4(b). Refund uses the same payment method the Consumer used unless the Consumer expressly agrees to another method that involves no cost for them.

    2. If performance of a service — at the Consumer’s express request — began before expiry of the withdrawal period (e.g. Subscription activation), a Consumer who withdraws after such a request must pay for performance supplied until withdrawal. The amount is calculated proportionally to the scope of performance supplied, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis is the market value of the performance supplied.

    3. On withdrawal from a contract for digital content or a digital service — from receipt of the withdrawal statement the Service Provider may not use content other than personal data supplied or generated by the Consumer while using the digital content or service supplied by the Service Provider, except content that: (1) is useful only in connection with the digital content or service that was the subject of the contract; (2) relates solely to the Consumer’s activity while using that digital content or service supplied by the Service Provider; (3) has been combined by the Service Provider with other data and cannot be separated or can only be separated with disproportionate effort; (4) was created by the Consumer together with other Consumers who may still use it. Except in cases (1)–(3), on request the Service Provider must make available to the Consumer content other than personal data supplied or generated by the Consumer while using the digital content or service supplied by the Service Provider. On withdrawal the Service Provider may prevent further use of the digital content or service, in particular by blocking access from the User Account, without affecting the Consumer’s rights in the previous sentence. The Consumer has the right to retrieve digital content from the Service Provider free of charge, without obstruction, within a reasonable time and in a commonly used machine-readable format.

    4. On withdrawal from a contract for digital content or a digital service supplied by the Service Provider, the Consumer must cease using the digital content or service and sharing them with third parties.

OUT-OF-COURT COMPLAINT AND REDRESS MECHANISMS AND ACCESS TO THEM

  1. Out-of-court dispute resolution includes inter alia (1) bringing positions closer, e.g. mediation; (2) proposing a solution, e.g. conciliation; and (3) deciding the dispute and imposing a solution, e.g. arbitration. Detailed information for Consumers on out-of-court complaint and redress mechanisms, access rules and a user-friendly search engine for bodies handling amicable dispute resolution is available on the website of the Office of Competition and Consumer Protection at https://polubowne.uokik.gov.pl/.

  2. A contact point operates at the President of the Office of Competition and Consumer Protection, inter alia to provide Consumers with information on out-of-court resolution of consumer disputes. Consumers may contact it: (1) by phone — 22 55 60 332 or 22 55 60 333; (2) by e-mail — kontakt.adr@uokik.gov.pl; or (3) in writing or in person — at the Office’s headquarters, plac Powstańców Warszawy 1, 00-030 Warsaw.

  3. Consumers have for example the following options: (1) application to a permanent consumer arbitration court; (2) application to the voivodeship inspector of the Trade Inspection for out-of-court dispute resolution; or (3) assistance from a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). Advice is given inter alia by e-mail to porady@dlakonsumentow.pl and on the consumer helpline 801 440 220 (weekdays 8:00–18:00, call cost per operator tariff).

DOWNTIME AND TECHNICAL FAILURES

  1. The Service Provider uses reasonable efforts to ensure proper and uninterrupted operation of the Sea Alert Application and use of Electronic Services. Given the complexity of the Application and its Electronic Services and external factors beyond the Service Provider’s control (e.g. DDoS attacks), errors and technical failures may nevertheless occur that prevent or limit operation of the Application or use of Electronic Services. The Service Provider will in such cases take feasible steps to limit negative effects as far as possible.

  2. The Service Provider informs Users without undue delay of errors and technical failures referred to above and the expected time of remedy.

  3. Besides downtime caused by errors and technical failures, other technical downtime may occur while the Service Provider develops the Application and Electronic Services and secures them against errors and failures.

  4. The Service Provider plans technical downtime to minimise inconvenience to Users, in particular at times of lower traffic (e.g. night hours) and only for as long as necessary. The Service Provider must inform Users of planned technical downtime in advance, including expected duration.

  5. The Service Provider is not liable to the User for damage and non-performance resulting from errors, technical failures and technical downtime referred to in this section 13. This section 13 is not intended to exclude or limit the Service Provider’s liability to Consumers under mandatory law.

REVIEWS OF THE SEA ALERT APPLICATION

The Service Provider enables Users to read reviews of the Sea Alert Application and — in the cases indicated below — to submit reviews, on the terms set out in this section.

Reviews of the Application may come from two sources.

External reviews — ratings and reviews submitted by Users directly in the App Store (Apple Inc.) or Google Play (Google LLC), in line with those platforms’ terms. The Service Provider may publish such reviews in the Application or on www.sea-alert.com in a section intended for reviews.

Own reviews — if the Service Provider provides a form in the Application or on the Website for direct submission of a review, the User may use it. The form may be available in the Application or sent to the User’s registration e-mail address.

The Service Provider does not verify whether the author of a review is an Application user. Fictitious, sham or misleading reviews are prohibited.

Submitting reviews must not be used for unlawful conduct, in particular unfair competition, infringement of personality rights, intellectual property or other rights of the Service Provider or third parties. A User submitting a review must act lawfully, in line with these Terms and good practice.

For reviews submitted directly in the Application or via a form provided by the Service Provider, reviews may before publication be checked for consistency with these Terms, in particular confirmation that the review comes from a person with a User Account. Verification is carried out without undue delay.

The Service Provider does not post or commission false reviews or recommendations and does not distort reviews to promote the Application. The Service Provider publishes both positive and negative reviews and does not publish sponsored reviews.

Comments or objections regarding published reviews may be submitted in a manner analogous to the complaints procedure in section 10 of these Terms.

LICENCE TO USE THE SEA ALERT APPLICATION

Copyright and intellectual property rights in the Sea Alert Application as a whole and its individual elements, including content, graphics, works, designs and marks available within it, belong to the Service Provider or other authorised third parties and are protected by the Copyright Act and other applicable law. Protection covers all forms of expression of the Application.

The Application should be treated like any other work protected by copyright. The User may not copy the Application except as permitted by mandatory law. The User also undertakes not to modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to obtain source code of the Application except as permitted by mandatory law.

A User using the Application does not acquire ownership of any copyright in the Application. The User is granted only — on the terms in these Terms — a non-transferable, worldwide, non-exclusive licence to use the Application in line with its purpose and subject matter, these Terms, law and good practice, respecting personality rights, personal data and copyright and intellectual property of the Service Provider, other Users and third parties.

Under the licence the User may use the Application by downloading it from the App Store or Google Play, installing it on a mobile device (iOS or Android), reproducing it permanently or temporarily in the device memory, and running, applying and displaying the Application to the extent necessary to use all features and resources in line with its purpose (navigational warnings, own warnings, offline mode, proximity alerts and other features described in the Application and on www.sea-alert.com) solely for their own non-commercial use for an indefinite period, but no longer than the contract for use of the Sea Alert Application or the validity of the purchased Subscription (including trial). The licence covers one device; on a yearly Subscription the User may once per year transfer the licence to another device by contacting the Service Provider at info@sea-alert.com.

All rights not expressly granted to the User are reserved by the Service Provider; in particular the User is not entitled to (1) distribute the Application, including rental and lending of the Application or copies in any form; (2) sublicense the Application (including granting others access to use the Application); (3) put the Application into circulation, including lending or rental; or (4) interfere with source code and structure of the Application (including creating derivative works and distributing, sublicensing or putting those derivatives into circulation in any form).

Trademarks of the Service Provider and third parties must be used in accordance with applicable law.

FINAL PROVISIONS

Contracts concluded on the basis of these Terms are concluded in Polish and governed by Polish law.

  1. Changes to these Terms:

    1. The Service Provider may amend these Terms for important reasons, namely: changes in law; legal or regulatory obligation; change in scope or form of Electronic Services; addition of new Electronic Services; change to the Price List; change to payment methods and deadlines; need to counter unforeseen and direct threats to protection of the Application, Electronic Services and Users against fraud, malware, spam, data breaches or other cybersecurity threats; change of Service Provider data; improvement of User service — to the extent such changes affect performance of these Terms.

    2. Notice of proposed changes is sent at least 15 days before they take effect, except that changes may be introduced without the 15-day notice if the Service Provider: (1) is under a legal or regulatory obligation that makes compliance with the 15-day notice impossible; or (2) must exceptionally amend these Terms to counter unforeseen and direct threats to protection of the Application, Electronic Services and Users against fraud, malware, spam, data breaches or other cybersecurity threats. In those two cases changes take effect immediately unless a longer period is possible or required, as notified each time by the Service Provider.

    3. For continuing contracts (e.g. Subscription, use of Account), the User may terminate the contract with the Service Provider before expiry of the notice period for proposed changes. Such termination takes effect 15 days after receipt of the notice. For a continuing contract, the amended Terms bind the User if they were properly notified in accordance with the notice period before introduction and did not terminate in that period. At any time after receiving notice of changes, the User may accept the changes and thereby waive the remainder of the notice period. For contracts that are not continuing, changes to these Terms do not affect rights acquired by the User before the effective date of the changes.

    4. If a change to these Terms would introduce new fees or increase existing ones, the Consumer has the right to withdraw from the contract.

Matters not regulated by these Terms are governed by generally applicable Polish law, in particular: the Civil Code; the Act of 18 July 2002 on providing services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; the Copyright Act; and other relevant provisions of applicable law.

These Terms do not exclude provisions applicable in the country of the Consumer’s habitual residence concluding a contract with the Service Provider/Seller that cannot be contractually waived. In that case the Service Provider/Seller guarantees the Consumer protection under provisions that cannot be contractually waived.

Thank you for reading carefully!

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Owner of the Sea Alert Application