Terms of Service

Sea Feedback – Terms of Service

These Terms govern your use of Sea Feedback platform and the other products, apps and services we offer (the Just Yacht Solutions Products or Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Just Yachts Solutions Ltd

Just Yachts Solutions have developed the Sea Feedback platform as a yacht industry workplace reporting tool. Sea Feedback is a crew engagement tool designed to help management and leadership better understand and support yacht crews across their whole employee experience.  The personal data you provide is visible only to you and the Sea Feedback Analysts. Your data is held securely in accordance with GDPR legislation and our Data Privacy Policy.  Use of your personal data is strictly permission-based.  Management reporting is anonymised.  Non-anonymised incident escalation is only undertaken either with the explicit permission of the user or in limited predefined situations where there is a qualified threat to crew safety or where legal breaches by any party obligate Sea Feedback to act. These are set out below in our Terms and Conditions of Use. We are committed to the safety, security and integrity of our services. We actively seek to combat harmful conduct and keep our community of users safe. We don’t share or sell your personal data. We don’t share information that directly identifies you (such as your name, email address or other contact information) with anyone unless you give us specific permission or we are legally or contractually obliged to do so.

1. The services we provide

Our mission is to promote best-practice employment throughout the Yacht Industry. To help advance this mission, we provide the products and services described below to you:

People will only build community on Just Yacht Solutions Products if they feel safe and secure. We work hard to maintain the security (including the availability, authenticity, integrity and confidentiality) of our Products and services. We employ dedicated teams of analysts to detect potential misuse of our Products, harmful conduct towards others and situations where we may be able to help support or protect our community, including responding to user reports of potentially violating content. If we learn of content or conduct like this, we will take appropriate action that may include notifying you, offering help, removing content, removing or restricting access to certain features, disabling an account or contacting law enforcement. We share data with other Just Yachts Solutions Companies when we detect misuse or harmful conduct by someone using one of our Products or to help keep Just Yacht Solutions Products, users and the community safe. For example, we share information with Just Yachts Solutions Companies that provide Crew training and mentoring services s to help them promote safety, security and integrity and comply with applicable law. Just Yachts Solutions may access, preserve, use and share any information it collects about you where it has a good faith belief that it is required or permitted by law to do so. For more information, please review our Privacy Policy.

Research ways to make our services better:

We engage in research to develop, test and improve our Products. This includes analysing data that we have about our users, and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Privacy Policy explains how we use data to support this research for the purposes of developing and improving our services.

We design our systems so that your experience is consistent and seamless across the different Just Yachts Solutions Company Products that you use.

Ensuring access to our services:

To operate our global services and enable you to connect with people around the world, we need to transfer, store and distribute content and data to our data centres, partners, service providers, vendors and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our services. This infrastructure may be owned, operated or controlled by party technical partners.

2. How our services are funded

Sea Feedback it a commercial service offered to Yacht Owners and Yacht Management Companies. Sea Feedback provide anonymised management-focused crew engagement reporting

We also provide Yacht Owners and Yacht Management Comp with reports about the key performance metrics to help them understand how crew dynamics and experience on board as highlighted by users on Just Yacht Solutions Products. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission or we are contractually or legally required to do so in the specific circumstances set out below.

3. Your commitments to Sea Feedback and our community

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

1. Who can use Sea Feedback

When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:

• Provide for your account the same name that you use in everyday life.
• provide accurate information about yourself;
• Only create one account (your own) and use it for personal purposes.
• not share your password, give access to your Sea Feedback account to others or transfer your account to anyone else (without our permission).

2. What you can share and do on Just Yacht Solutions Products

We want people to use Just Yacht Solutions Products to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

You may not use our Products to do or share anything:

1. That breaches these Terms, the Community Standards and other terms and policies that apply to your use of our Products.
2. That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Products in such a way).
3. That you do not own or have the necessary rights to share.
4. That infringes or violates someone else’s rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
5. You may not upload viruses or malicious code, use the services to send spam or do anything else that could disable, overburden, interfere with or impair the proper working, integrity, operation or appearance of our services, systems or Products.
6. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access. We also reserve all of our rights against text and data mining.
7. You may not proxy, request or collect Product usernames or passwords, or misappropriate access tokens.
8. You may not sell, license or purchase any data obtained from us or our services, except as provided in the Platform Terms.
9. You may not misuse any reporting, flagging, dispute or appeals channel, such as by making fraudulent, duplicative or groundless reports or appeals.

We can remove or block content that is in breach of these provisions. We can also suspend or disable your account for conduct that violates these provisions, as provided in Section 4.2.

If we remove content that you have shared for violation of the Community Standards, we’ll let you know and explain any options that you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. For information on account suspension or termination, see Section 4.2 below.

To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies if this feature exists in your jurisdiction.

We can also remove or restrict access to content, features, services or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to Just Yachts Solutions.

3. The permissions you give us

We need certain permissions from you to provide our services:

Permission to use content that you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.

You retain ownership of the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on Sea Feedback and other Just Yachts Solutions Company Products that you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

However, to provide our services we need you to give us some legal permissions (known as a “License”) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.

Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Sea Feedback, you give us permission to store, copy and share it with others (again, consistent with your settings) such as Just Yacht Solutions Products or service providers that support those products and services. This licence will end when your content is deleted from our systems.

You can delete individual content that you share, post and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. Learn more about how to delete your account. Account deletion does not automatically delete content that you post as an admin of a Page or content that you create collectively with other users, such as photos in Shared Albums that may continue to be visible to other album members.

It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request. If you send content to the bin, the deletion process will automatically begin in 30 days unless you choose to delete the content sooner. While the deletion process for such content is being undertaken, the content is no longer visible to other users. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.

Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:

1. where your content has been used by others in accordance with this licence and they have not deleted it (in which case this licence will continue to apply until that content is deleted);
2. where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
3. Where immediate deletion would restrict our ability to:
4. investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems);
5. protect the safety, integrity and security of our Products, systems, services, our employees and users, and to defend ourselves;
6. comply with legal obligations for the preservation of evidence, including data that Just Yachts Solutions Companies providing financial products and services preserve to comply with any record-keeping obligations required by law; or
7. comply with a request of a judicial or administrative authority, law enforcement or a government agency;
8. in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

In each of the above cases, this licence will continue until the content has been fully deleted.

Permission to update software that you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

4. Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on Sea Feedback), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open-source licence) to modify, translate, create derivative works of, decompile or reverse-engineer our products or their components, or otherwise attempt to extract source code from us, unless an exception or limitation applies under applicable law or your conduct relates to the Just Yachts Solutions Bug Bounty Programme.

4. Additional provisions

1. Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices to promote a safe and secure experience on our Products and services, and/or to comply with applicable law. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests, or if the changes are required for safety and security purposes or to comply with applicable law.

We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Just Yachts Solutions community, you can delete your account at any time.

2. Account suspension or termination

We want Sea Feedback to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.

If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including, in particular, the Community Standards, we may suspend or permanently disable your access to Just Yachts Solutions Company Products, and we may permanently disable or delete your account. We may also disable or delete your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.

We may disable or delete your account if, after registration, your account is not confirmed, your account is unused and remains inactive for an extended period of time or if we detect that someone may have used it without your permission and we are unable to confirm your ownership of the account. Learn more about how we disable and delete accounts.

Where we take such action, we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

You can learn more about what you can do if your account has been disabled and how to contact us if you think that we have disabled your account by mistake.

If you delete or we disable or delete your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3.3.1, 4.2-4.5.

3. Limits on liability

Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.

We will exercise professional diligence in providing our Products and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.

4. Disputes

If a claim or dispute arises out of or relates to your use of the Just Yacht Solutions Products as a consumer, both you and us agree that you may resolve your individual claim or dispute against us, and we may resolve our claim or dispute against you, in any competent court in the country of your main residence that has jurisdiction over your claim or dispute, and the laws of that country will apply without regard to conflict of law provisions.

If a claim or dispute arises between us that relates to use of the Just Yacht Solutions Products in any other capacity, including, but not limited to, access or use of the Just Yacht Solutions Products for a business or commercial purpose, or that an entity brings on your behalf, you agree that any such claim or dispute must be resolved exclusively in the United Kingdom Court. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any such claim or dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Just Yachts Solutions may bring any claim, cause of action or dispute that we have against you in such a capacity in any competent court in the UK that has jurisdiction over the claim.

5. Other

These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Just Yachts Solutions Ltd regarding your use of our Products. They supersede any prior agreements.

Some of the Products that we offer are also governed by supplemental Terms. If you use any of these Products, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. For instance, if you post or share content containing music, you must comply with our Music Guidelines. To the extent that any supplemental Terms conflict with these Terms, the supplemental Terms shall govern to the extent of the conflict.

If any portion of these Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can’t be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these terms must be made in writing and signed by us.

You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

You may designate a person (Called a legacy contact) to manage your account if it is memorialised. If you enable it in your settings, only your legacy contact or a person who you have identified in a valid will or similar legal document expressing clear consent to disclose your content to that person upon death or incapacity will be able to seek limited disclosure of information from your account after it is memorialised.

These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).

We always appreciate your feedback and other suggestions about our products and services. But we may use feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

If the ownership or control of all or part of our Products or their assets changes, this could result in a transfer of your information to the new owner.

5. Other Terms and Policies that may apply to you

Community Standards: These guidelines outline our standards regarding the content that you post to Sea Feedback and your activity on Sea Feedback.

Commercial Terms: These Terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services.

Community Payment Terms: These Terms apply to payments made on or through Just Yacht Solutions Products.

Commerce Policies: These guidelines outline the policies that apply when you offer products or services for sale on Sea Feedback, Instagram and WhatsApp.

Music guidelines: These guidelines outline the policies that apply if you post or share content containing music on Sea Feedback.

Sea Feedback Pages, Groups and Events Policy: These guidelines apply if you create or administer a Sea Feedback Page, group or event, or if you use Sea Feedback to communicate or administer a promotion.

Sea Feedback Platform Policy: These Terms apply to the use of the set of APIs, SDKs, tools, plugins, code, technology, content and services that enables others to develop functionality, retrieve data from Sea Feedback or provide data to us.

Developer Payment Terms: These Terms apply to developers of applications that use Sea Feedback Payments.

Just Yachts Solutions brand resources: These guidelines outline the policies that apply to use of Just Yachts Solutions trademarks, logos and screenshots.

Recommendations guidelines: The Sea Feedback recommendations guidelines and Instagram recommendations guidelines outline our standards for recommending and not recommending content.

Live Policies: These policies apply to all content broadcast to Sea Feedback Live.

Date of last revision: 25 April 2023