App Terms & Conditions

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in Privacy Policy and it is important that you read that information.

Your continued use of the App and Services constitutes your acceptance of and agreement to be bound by these Terms of Use. If at any time, you disagree with these Terms of Use, you should immediately discontinue the use of the App and Services.

1.1 In these Terms of Use, the following terms have the meanings set out below

App means the DRFT MRKS app made available to You

Data means any data, reports, information and structured and unstructured data made available as part of the Service, through the App or any of our websites

Images has the meaning given in clause 10

Services means the services that We make available to you via the App or any of our websites from time to time

2.1 We may need to change these Terms of Use to reflect changes in law or best practice or to deal with additional features which we introduce.

2.2 We will notify you of a change when you next start the App.

2.3 If you do not accept the notified changes you will not be permitted to continue to use the App or the Services.

3.1 You may have been asked to download and use the App as part of your employment. If this is why you are using the Services or the App, you will be a business customer. If you work for, or are engaged by, an organisation that has entered into an arrangement with Us for the provision of services, then the contract for our arrangement with that organisation will set out additional terms and conditions for the use of those Services and the Data. These will apply to your organisation and so will also apply to you. You should ensure that you understand what those additional terms and conditions say as you will need to comply with them. You will be able to obtain information about what those terms and conditions mean for you from your organisation.

3.2 You must not:
(a) use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

(b) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(c) infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

(d) use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(e) collect or harvest any information or data from the App or any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;

(f) download, reverse engineer, modify, aggregate or decompile the Data or any software contained in App or any of our websites, or create derived data from the Data, in any way, or make any attempt to do any of these things;

(g) transfer, forward or make available any of the Service and/or Data to any person who is not allowed to access and use the same, or “mirror” such Data on any other server;

(h) engage in web scraping on any of our websites; or

(i) modify or adapt (or attempt to modify or adapt) the Service and/or Data, including any application programming or web application interface that you use to access the Service and/or Data;

3.3 You agree to comply with all applicable sanctions and export control laws and regulations in relation to your use of our Services and App. You undertake that you will not use the App or Services in a way that would cause us to be in breach of any applicable sanctions or export control laws and regulations.

3.4 Any digital content we provide to you was designed in the UK. We cannot guarantee that the digital content is appropriate or will be available for use in any given location. You are responsible for ensuring that you comply with any local laws in our use of the App and any associated digital content.

3.5 You recognise that the App may be used in locations which contain hazards (including heavy machinery, slippery surfaces and uneven terrain). It is your responsibility to ensure that your use of the App and Services does not lead to danger or harm for you or others. It is your responsibility to look after each device that you install the App on. We will not be liable for any damage to any property that arises in connection with your use of the App.

4.1 Additional services or functionality from us can be purchased from us through our website. The available services and functionality are as listed on our website from time to time. We reserve the right to amend the range of additional services and functionality available.

4.2 Please check your order carefully and correct any errors before you submit it to us.

4.3 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to digital content from us on these terms.

4.4 Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.

4.5 If we do not accept your order, for example because we are unable to take payment, or there has been a mistake regarding the pricing or description of the goods, services or digital content, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.

5.1 All orders are subject to availability.

5.2 We cannot guarantee that any digital content will be available at any given time. We also cannot guarantee that access to Services or digital content will be uninterrupted, error free or secure. For example, access to digital content may be temporarily unavailable while we carry out maintenance or for other technical reasons.

5.3 In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain Services or digital content. If this happens and it affects your order, we will notify you by email, cancel your order and:
(a) in respect of any affected Services, provide you with a refund of any advance payments made by you for any affected Services that have not yet been provided; and

(b) in respect of any affected digital content, provide you with a full refund (including any delivery costs, if applicable).

6.1 To download and use the digital content, your device needs to comply with the minimum technical requirements of a camera capable of recording a minimum of 30 seconds of video at 1080p and operating at Android 7.0/iOS 16.0. You are responsible for making sure that your device meets these requirements.

6.2 You will need internet access to download the digital content and you are responsible for any charges you may incur in connection with your download.

6.3 We are not liable to you if you are: (1) unable to download the digital content in our App; or (2) unable to upload images to the App; in either case due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.

6.4 The quality of Images you upload will have an impact on how well the Services work and the quality and usefulness of the Data that is generated in relation to those Images. You should take care to ensure that the Images are taken with sufficient light, camera resolution (minimum 1080p), and your device is held steady throughout.

7.1 Prices for our Services and digital content are set out on our website. All prices are in US Dollar ($)(USD) and include VAT at the applicable rate.

7.2 Prices for our Services and digital content may change at any time. Except as set out in clause 7.3 below, such changes will not affect existing orders.

7.3 If there has been an error on the site regarding the pricing of any of our Services or digital content and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

8.1 Any Services or digital content you buy from us must be paid for in advance. We will take payment from your card before we send you your order confirmation email.

8.2 If your payment is not received by us when due, we may charge interest on any balance outstanding at the rate of 8 percentage points per year above the Bank of England's base rate from time to time.

9.1 All intellectual property rights in the App, our websites, the Services and any documentation we provide, throughout the world belong to us or our licensors and any such rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, our websites, the Services or any documentation we provide, other than the right to use them in accordance with these terms.

9.2 Any trade mark appearing on the App or any of our websites are our property or are the property of third parties. Use by you of any of these trade marks is prohibited.

9.3 We cannot guarantee continuous, uninterrupted, error-free, or virus-free provision of the App, our websites, or the Services. We assume no liability for unavailability, interruptions, errors, or viruses.

10.1 In using the App and our Services, You may upload and submit videos via the App (the Images). The provision and use of the Images is governed by these Terms of Use. If you disagree with these Terms of Use, you should not upload your Images.

10.2 In relation to each Image you upload, you confirm that either (i) you are the person who took the Image or the rightful owner of the copyrights associated with the Image; or (ii) you have the express consent of the copyright owner to the Image to licence it to us, in accordance with these Terms.

10.3 Each Image shall become our property (a) where the image is taken using the App, from the moment it is taken and (b) where the Image is taken outside the App but is uploaded via the App, from the moment it is uploaded.]
10.4 You acknowledge that each Image and/or other content submissions are non-confidential and non-proprietary.

10.5 By uploading the Image, you warrant that you have the legal right to transfer ownership as set out in this clause 10 and that our use of Image will not infringe the rights of any third party.

10.6 By using our Services, you grant us a non-exclusive, worldwide, perpetual, transferable, irrevocable and royalty-free licence to use, store, process, reproduce, modify, anonymise and aggregate the information (including geolocation data) that you upload to or is gathered by the App or any of our websites for the purposes of creating derived works, improving our Services and/or Data, and refining our internal models and Data provided such Data cannot be used to identify you. We may also combine or incorporate this data with or into other similar data and information available, derived or obtained from other customers, users, or other sources. This grant of licence specifically includes the use of the information (including any Image): (a) with artificial intelligence systems and models for the purposes of delivering the Services and Data and (b) for developing, training, fine-tuning and validating artificial intelligence systems or models. You acknowledge and agree that we may distribute our Data to third parties, as part of the App or otherwise, in our sole discretion.

10.7 We will use the personal data uploaded to or gathered by the App or any of our websites to ensure that we (a) can and do deliver the Services to you and (b) are able to improve our offering to you and other customers. We will comply with the terms of all applicable legislation relating to the processing of personal data. Our Privacy Policy sets out important information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in Privacy Policy.

10.8 We reserve the right to reject the upload of any Image and/or remove the Image or any part of it from the App or any of our websites at our sole discretion. This will include any Image that we reasonably believe you do not own the copyright for as well as any Image which we consider to be contrary to any part of the Terms of Use.

11.1 The use by you of the Data we provide is strictly for your internal business purposes. Any other use of the Data (whether internal or external) is not permitted. Commercial exploitation of the Data is not permitted and will only be permitted under a separate agreement between us and you (or your organisation, if you are a consumer user).

11.2 Although we make reasonable efforts to validate and update the information provided by the App (including the Data) and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. All such responsibility and liability are expressly disclaimed to the maximum extent permitted by applicable law.

11.3 You are solely responsible for all decisions, acts and omissions that you make or undertake that take account of, or that are based or rely on the Service and/or Data. Any actions undertaken by you based on the information provided on our App or websites do not create any liability for us. Your use of our App and websites is solely at your own initiative and risk.

This clause applies only if you are a consumer user.

12.1 You have the right to change your mind and cancel your order as within 14 days from the date of your order confirmation email. You lose this right when you start to download your digital content.

12.2 To cancel your order, please email us at info@tymor-marine.com . You can also use the app by following the instructions in this link . To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.

12.3 If you exercise your right to cancel under clause 12.1, we will provide you with a refund as soon as possible. We will issue your refund to the same payment method you used when you placed your order. If you have lost the right to cancel, you will not be entitled to a refund unless the digital content was faulty.

12.4 We are under a legal duty to provide Services and digital content that are as described, fit for purpose, of satisfactory quality in conformity with our contract with you.

12.5 If your digital content is faulty, you are entitled to a repair or a replacement. If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience to you, you can get some, or all, of your money back. If you can show that a fault in the digital content has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

13.1 If you are a consumer user:
(a) if we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen;

(b) we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation;

(c) if defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us;

(d) we are not liable for business losses. If you are a consumer user, the App is for domestic and private use. If you use the App for any commercial, business or resale purpose then any terms between us and your organisation will apply and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.2 If you are a business customer:
(a) our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the amount of £15,000.

(b) we will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
(i) consequential, indirect or special losses; or
(ii) any of the following (whether direct or indirect): loss of profit; loss or corruption of data; loss or corruption of software or systems; loss or damage to equipment; loss of use; loss of opportunity; loss of savings, discount or rebate (whether actual or anticipated); or harm to reputation or loss of goodwill.

13.3 Whether you are a consumer user or a business customer, nothing in these Terms of Use will limit or exclude our liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other losses which cannot be excluded or limited by law.

14.1 No one other than us or you has any right to enforce any of these terms.

14.2 We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

14.3 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

14.4 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

14.5 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

14.6 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.

14.7 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.

15.1 If you are a consumer user, the laws of England and Wales apply to these terms, although if you are resident elsewhere in the UK you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

15.2 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).