Updated February 25, 2022

eeSea (“eeSea”, “we”, “our”) offers online services provided via API, web application, and the eeSea Tableau portal. If you have any questions about the User Terms of Service please do not hesitate to contact us at contact@eesea.com. Please include “Terms of Service” in your subject line. 

By visiting our website (“site visitor”), engaging in a free trial (“free user”), or becoming a paid subscriber to our services (“subscriber”), you are agreeing to our current User Terms of Service (“Terms”). For the purposes of these Terms all users will be referred to as “users”, “user”, or “you”. The term “users” may be used to refer to a group of users that are registered under a single enterprise subscription. The term “user” may also refer to the organization or corporation that is registered for an enterprise tier subscription. All users, regardless of subscription tier, are bound to the standard Terms of Service unless stated otherwise in a separate contract. 

We urge you not to engage in using any of our services until you have read the full extent of these Terms. By continuing to use eeSea services, you are agreeing to the updates to our Terms which may be published without notice. If you can not comply with the modifications to our Terms, please discontinue using our services or reach out to us for assistance. 

1. Users

1.1 Eligibility 

To use our services you must be, and represent and warrant that you are at least 18 years of age and competent to agree to these Terms. If eeSea has previously prohibited you from accessing our services or our website, you are not permitted to access or use the services or our website. These Terms are applicable to users within and outside of Denmark. 

1.2 Account Registration

To access our services and products, you must request access directly from the eeSea team. You can reach us at contact@eesea.com or send us a message on our website. No user is guaranteed access to a trial or a paid subscription. Users are granted access under the discretion of our team members or in accordance with an existing contract between the user and eeSea. By registering for any type of access you agree to provide us with accurate, complete, and current information about yourself or your organization. Once you have completed account set up and registration, it is your responsibility to ensure that your password and access remains secure. 

1.3 Account Cancellation

Account access can be revoked by eeSea at any time for reasons including but not limited to: lack of payment, delayed payment, misrepresentation of personal information and eligibility, misuse of our services, providing access to unauthorized users, or a direct violation of any Terms stated here. You will be notified immediately if your account is terminated. 

1.4 Unauthorized Account Access

Account access may also be terminated if you notify us that your account information has been compromised. In the event that you believe someone else has gained unauthorized access to your account, we ask that you notify us immediately. You understand and agree that we may require you to provide additional information to confirm your identity in the event that you lose access to your account. All personal information shared with eeSea is subject to the Terms of our Privacy Policy which can be viewed in section 5.1. You understand that eeSea will not be liable for any damages, attorney fees, or expenses incurred by someone else using your account with or without your knowledge. Shared access to some services may be granted on a case by case basis at the sole discretion of eeSea and not the user. The parameters of the shared access will be clearly stated in a separate agreement between you and eeSea. 

1.5 Enterprise Accounts

In the event that the user is a representative of an organization or company, it is understood that the organization as a whole has read and agreed to these Terms. If you have signed up as the sole representative user of a company or organization, you understand that you are responsible for upholding these Terms and a failure to do so will mean that you and your organization are liable. If there are two or more users representative of an organization or company, you understand that a failure to abide by the Terms of this contract, even on the part of a single user, could result in the revocation of access to all associated accounts.

2. Services

2.1 Access to Services

Users shall be granted access to the services via API, Tableau, .csv downloads, or eeSea’s online platform as per the terms of their contract or any other relevant communications including invoices and emails between representative parties.

2.2 Scope of Services

eeSea shall provide the user with the datasets, delivery method, and key variables as assigned by contract with the user. These attributes are decided upon by the user and eeSea in respect to the client’s particular needs and are not transferable to other parties except as explicitly agreed upon by eeSea.

Additional services may be rendered at the discretion of eeSea whereby an existing user requests a trial of a new or additional existing feature. The continued use of additional services may or may not be subject to additional fees which will be clearly stated at the time of trial expiration at eeSea’s discretion. 

2.3 Cancellation of Services

Users have the right to cancel eeSea’s services within 90 days' notice. The reasons for cancellation must be clearly stated in a notice to eeSea representatives. 

The user understands and agrees that any refundable amount is to be issued at eeSea’s discretion. 

2.4 Use of Services

Users agree to limit their use of services to that which is described in contracts and relevant communications with eeSea. Any requests to use services in a manner not formally approved by eeSea or set forth in this agreement must be submitted for review.

Users may not transfer, disassemble, engineer, or reverse engineer any services or data provided by eeSea. Users may not access or use the service for unlawful or illegal purposes. 

3. Ownership

3.1 Proprietary Rights

eeSea reserves the right of ownership over services provided to all users, including free users with trial access. Services may include but are not limited to raw data, dashboards, API outputs, images of datasets, and eeSea applications.

Any transfer, sharing, or publication of eeSea’s data or materials must be done with express agreement by eeSea. 

3.2 Data Sharing

In the event that eeSea permits the sharing of any form of its services by the user; the terms and scope of said sharing will be set forth in written communication between the user and eeSea representatives.

All shared services, including any publications that rely on the use of eeSea data, must be explicitly credited to eeSea. 

3.3 Failure to Comply

A failure to comply with the terms of use for eeSea’s intellectual property set forth in this agreement may result in a non-refundable cancellation of services and access to our platforms as well as lawful litigation. 

4. Fees & Payment

4.1 Payment

The fees set forth in contracts and invoices pursuant to written agreement by both parties must be executed within 30 days unless otherwise agreed upon by the service provider. 

A repeated failure to provide payment to eeSea for services rendered will result in a cancellation of services and access and may result in litigation.

4.2 Fees

Fees are due and payable to eeSea as an enterprise only, no individual representative of eeSea shall lawfully request or receive payment from any user. 

Fees are subject to change without notice from one calendar year to the next but will be clearly stated by eeSea prior to renewing any existing user’s contract. 

Fees are not part of a standard pricing package. Each unique user’s needs and scope of specifications is assessed at the discretion of eeSea and constitutes a unique proposal of services rendered and fees payable. 

eeSea reserves the right to issue refunds, discounts, and free services at its own discretion. Such allowances are considered confidential information and are not transferable amongst users, nor are they to be used as legal precedent for future transactions with said user.  

5. Confidentiality 

5.1 Disclosure

Each party in this agreement shall hold in confidentiality the information disclosed in confidentiality by either party. Neither party shall disclose the disclosing party’s confidential information unless required by law or any governmental or regulatory authority.

Parties’ confidential information may be subject to disclosure to a third party if deemed beneficial for any purpose agreed upon by both parties. These purposes may include but are not limited to: the expansion of existing contracts and services, mergers with third parties, pre-approved marketing materials, the sharing of services and use cases amongst different parties, and the advancement of eeSea’s services. 

5.2 Confidential Information

Confidential information includes any information disclosed by either party in the performance of this agreement to be reasonably understood by both parties to be confidential. Subjects of the agreement agree that the terms of use and scope of services set forth in contracts and communications with the user constitute the confidential information of eeSea. The phone numbers, email addresses, and key operational information of the authorized users constitute confidential information of the customer. 

Confidential information does not include any publicly available information that was communicated by either party, or any information that becomes publicly available through no fault of the recipient or is communicated at a later date by the disclosing party.