Licence Agreement: NaviBoss Desktop

§About this agreement

This agreement is between you and NaviBoss ("we", "us"), of West Boxhill, Talisay City, Cebu, Philippines. It covers the NaviBoss Desktop application for Windows, the data supplied with it, and the licence keys and licence files that unlock it (together, "the Software"). Contact: [email protected].

By installing or using the Software you accept this agreement. If you do not accept it, do not install or use the Software. If you are using it for an employer - a shipping company, a manager, an agency - you confirm you may accept this agreement on that organisation's behalf, and "you" means both of you.

The most important section is section 2. Please read it.

1The licence

1.1We grant you a personal, non-exclusive, non-transferable licence to use the Software on each computer that holds a licence file issued to it under your plan (each computer is identified by its Machine ID), until the expiry date in that licence file.

1.2The Software comes with the 6 months plan and the 1 year plan, which also include the NaviBoss website. One payment covers the period it pays for. The 6 months plan covers the Software on up to 2 computers in that period, and the 1 year plan on up to 4. The Monthly plan covers the website only and does not include the Software.

1.3The computers are counted again in each period. A computer you activate in a period takes one of that period's places, and the same computer activated again in the same period keeps its place. When your plan renews, the new period's places are free again, so you can choose different computers, for example the ship you have just joined. A licence file works only on the computer it was issued for.

1.4A place can be moved to a replacement computer during a period on request. See section 4.

1.5The Software is licensed, not sold. We keep all rights that this agreement does not expressly give you.

2NaviBoss is a planning aid, not a navigation system

2.1The Software must never be used for navigation. It is a passage-planning and voyage-estimation aid. It is not an ECDIS, it is not a chart system, it is not type-approved, and it carries no IMO, IHO or flag-state approval of any kind.

2.2Routes are derived from a curated network of professionally recommended shipping lanes and are supplied for information only. They must not replace official charts, official nautical publications, Notices to Mariners, the judgement of the master, or the vessel's own approved passage plan.

2.3Distances, ETAs, chokepoint transits, risk and regulatory zones, routeing measures, pilot stations, depths and ocean-current data are all estimates. They may be wrong, out of date or incomplete.

2.4The master and the bridge team remain solely responsible for the safe navigation of the vessel. Anything exported from the Software - including route files loaded into an ECDIS or a chartplotter - must be checked against official sources before it is used.

2.5The data built into the Software is fixed at the date the Software was built. In Offline Mode the Software does not connect to the internet, does not update itself, and receives no live warnings, weather or notices. In Online Mode it can show live NAVAREA warnings, security incidents and a marine forecast from our servers (section 8); these are collected from published sources, may be late, incomplete or wrong, and do not replace the official broadcasts. Regulatory and risk zones in particular are reproduced from published sources and their currency is not guaranteed. Treat all of this as a prompt to check the authoritative source, never as the source itself.

2.6In Online Mode the Software includes Boss, an assistant that answers with the help of artificial intelligence. Its answers can be wrong. Figures about a voyage come from the planner itself, not from the assistant, and nothing Boss says replaces the checks in this section.

3What you may do, and what you may not

3.1You may use the Software, and the routes, distances and files it produces, for your own voyage planning, including commercially, aboard or ashore. Output you generate for your own voyages is yours to use.

3.2You may not:

(a)extract, copy, re-host or redistribute the underlying datasets. The routing network, the port database and the zone compilations are our own compilations, and they are licensed to you for use through the Software, not as data;

(b)share, publish or resell your licence key or a licence file, or use a licence file on a computer it was not issued for;

(c)reverse-engineer, decompile or disassemble the Software, or defeat or work around its licensing or its data protection, except to the extent that the law gives you a right to do so that cannot be excluded by agreement;

(d)resell, rent, lend or sublicense the Software, provide it as a service to third parties, or use it to build a competing routing or distance-table product;

(e)remove or obscure any notice or attribution, or represent the Software or its output as officially approved for navigation.

3.3The software, design, brand and datasets remain ours. Section 9 covers material that belongs to others.

4Activation, licence keys and licence files

4.1Your plan comes with a licence key, which looks like NB-XXXX-XXXX-XXXX-XXXX. It is in your payment email and on your account page at auth.naviboss.app/account. Keep it private: anyone with it can use your plan's places.

4.2To activate a computer, type the licence key into the Software. If the computer has internet access, it receives its licence file at once. If it has none, the Software shows a QR code: scan it with a phone, which opens naviboss.app/activate and downloads the licence file, then carry the file to the computer (for example on a USB stick) and open it in the Software. A computer activated this way never needs internet access.

4.3The Machine ID is a one-way fingerprint of the computer, and the PC code the Software shows is a short form of it. A licence file is signed by us and is tied to that fingerprint. It cannot be moved to another computer.

4.4Without a valid licence file the Software runs as a viewer. The chart can be viewed and a route file can be opened. Route planning, port search and route export are not available.

4.5If you replace a computer during a period, or a hardware change or a reinstall of Windows stops a licence file from working, write to [email protected]. We will move that computer's place to the replacement for the rest of the period. You must then remove the licence from the old computer (section 4.8) and stop using the Software on it. We may ask for reasonable details first. Moving a place does not extend it, and it does not let two computers use one place.

4.6The Software checks the licence against the computer's clock. If the clock is set materially earlier than the Software has previously seen, the licence is refused until the date and time are corrected. Removing the licence does not reset this check.

4.7When you first start the Software you are asked where the computer is. If you choose a bridge or ship computer you may lock it offline for good. On a locked computer Online Mode is not available, and the Software does not connect to the internet in any way, until the Software is uninstalled and installed again.

4.8You can remove the licence from a computer at any time under Settings, License & data. Do this before you pass the computer to someone else.

5Term, renewal and expiry

5.1Each licence file carries an expiry date: the end of the period your plan has paid for, plus 30 days. It is the same date whatever day in the period the computer was activated. The 30 days are there so that a computer at sea on the day your plan renews keeps working until it can receive its new licence file.

5.2When your plan renews, each computer needs a licence file for the new period. A computer in Online Mode collects it by itself. A computer with no internet access needs the steps in section 4.2 again, with the same licence key.

5.3A card subscription renews automatically until you cancel. A one-time payment (for example by GCash) does not renew; paying again before the period ends starts the new period when the current one ends, so no time is lost.

5.4For the last 30 days of a licence file the Software shows how many days are left and asks you to renew. A computer with no internet access cannot remind you any other way, so it is your responsibility to renew in time, in particular before a voyage during which the computer will have no way to receive a new file.

5.5When a licence file expires the Software returns to viewer mode (section 4.4). It does not delete your saved voyages or settings.

6Payment, cancelling and refunds

6.1Payments are handled by Dodo Payments, who act as merchant of record. Your contract for the purchase itself is with them, they are the party on your statement, and their terms and refund handling apply alongside this agreement. We never receive or store your card details.

6.2You may cancel a subscription at any time. Licence files already issued keep working until their expiry date, and nothing renews after that.

6.3Refunds are not given as a rule. Cancelling always leaves you the time you have already paid for, and the same planner can be tried free of charge in a web browser at naviboss.app before you buy. There are two exceptions. To ask for a refund under either of them, contact customer support first, by email at [email protected] or through the NaviBoss Facebook page, and tell us what happened. Every refund is approved personally by the owner of NaviBoss. The two exceptions are:

(a)the Software does not work on your computer without an internet connection; or

(b)the Software cannot be installed on your computer.

6.4Two things sit above section 6.3. Dodo Payments' own refund process applies to the transaction whatever this section says. And where the law gives you a cancellation or withdrawal right as a consumer, you keep it in full. Nothing in this agreement limits a right you hold by statute.

6.5The Terms and Conditions published at naviboss.app/terms also apply to your purchase. Where they and this agreement say different things about the Software, this agreement applies.

6.6If a payment is refunded, or reversed by a chargeback, the licences it paid for end on that day. You must then stop using them and remove their licence files from every computer they covered (Settings, License & data, Remove licence). We cannot reach a computer with no internet access to do this for you.

7Updates

7.1During the period you have paid for, we may make new versions of the Software or of its data available to download. In Online Mode the Software tells you when a new version is out. Installing it is your choice and your responsibility; the Software never updates itself.

7.2We do not promise that any particular update will be released, or released by any particular date. A newer version may need a new licence file, which we will issue without further charge while your plan is active.

8Privacy and online mode

8.1In Offline Mode, and always on a computer locked offline (section 4.7), NaviBoss itself does not connect to the internet and sends nothing to us or anyone else. The Microsoft Edge WebView2 component it uses to draw its screens (section 9.3) may contact Microsoft when the computer is online; with no connection, nothing is sent.

8.2In Online Mode NaviBoss connects only to our own servers. It sends: your licence key and the computer's Machine ID when you activate; the computer's licence file, to sign in to your account; requests for the live warnings, incidents and forecast, and for the newest version number; the saved voyages you keep with your account; and, when you use Boss, your questions, the files you attach and which part of the planner is open. Boss's questions and files are passed to Anthropic, the company that provides its artificial intelligence. A link you open in the Software opens in your own web browser.

8.3Your voyages, settings and saved work stay on your own computer, except that in Online Mode the voyages you save are also kept with your account so that they show on the website and on your other devices.

8.4When you activate a computer we record your email address, the Machine ID or PC code, the licence identifier, and the dates the licence was issued and expires. Each licence file also carries an identifier that links it to the account it was issued to, so that a licence file found in circulation can be traced.

8.5How we handle the information we hold about you, and how to have it deleted, is set out in the Privacy Policy at naviboss.app/privacy.

9Material that belongs to others

9.1Some data in the Software comes from third parties under their own licences - coastlines, port registries, pilot stations and similar. It remains the property of its source and is credited in the Software under Settings, License & data.

9.2The Software includes open-source software components. Each is licensed under its own terms, and nothing in this agreement limits the rights those terms give you.

9.3The Software is displayed using the Microsoft Edge WebView2 Runtime, a Microsoft component. If your computer does not already have it, the installer installs it. That component is governed by Microsoft's own terms, not by this agreement, and when a computer is online it may contact Microsoft to update itself.

10No warranty

10.1The Software is provided "as is" and "as available". To the fullest extent the law allows, we exclude all warranties, conditions and terms implied by statute or common law, including any as to merchantability, fitness for a particular purpose, accuracy or non-infringement.

10.2In particular, and without limiting section 2, we do not warrant that routes, distances, ETAs, transits, zones, depths, currents, live warnings, incidents, forecasts or the assistant's answers are accurate, complete or current, nor that the Software will be free of errors or will run on every computer.

11Limitation of liability

11.1Nothing in this agreement limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

11.2Subject to that, we are not liable for indirect or consequential loss, nor for loss of profit, revenue, charter hire, cargo, business, goodwill or data, however arising.

11.3We are not liable for any loss arising from use of the Software for navigation, which section 2 prohibits, nor for any grounding, collision, detention, delay, deviation, fine, pollution incident or other casualty.

11.4Our total liability to you for all claims in any 12-month period is limited to the amount you actually paid us for your plan in that period.

12Ending this agreement

12.1This agreement runs for as long as you hold an unexpired licence file, and ends when your last licence file expires without being renewed.

12.2We may end this agreement, and decline to issue or renew licence files, if it is seriously or repeatedly broken - chiefly sections 2 and 3. If we do, we refund the unused part of the period you have paid for.

12.3When this agreement ends you must stop using the Software in any way that needs a licence. Sections 2, 3, 9, 10, 11, 13 and 14 continue to apply.

13Governing law and disputes

13.1This agreement is governed by the laws of the Republic of the Philippines, and the courts of the Philippines have exclusive jurisdiction over any dispute arising from it.

13.2If you are a consumer resident in the European Economic Area or the United Kingdom, this does not deprive you of the protection of the mandatory consumer law of the country you live in, or of your right to bring proceedings there.

13.3Please write to [email protected] before starting anything formal. Most things are a misunderstanding and are fixed in one email.

14The rest

14.1You must comply with the export-control and sanctions laws that apply to you when you use or transfer the Software.

14.2We may publish a new version of this agreement. A new version applies from your next renewal, or from when you install a version of the Software that is supplied with it, whichever comes first.

14.3If a clause turns out to be unenforceable, the rest stands. Not enforcing something once does not waive it.

14.4You may not transfer your rights under this agreement without our written agreement. We may transfer ours if the business is sold, on notice.

14.5Together with the Terms and Conditions and the Privacy Policy at naviboss.app, this is the whole agreement between us about the Software.