Terms of Service
These Terms of Service (“Terms”) govern access to and use of the HarbourAtlas website, client portal, reports, analytics, software and related maritime intelligence services (collectively, the “Services”) provided by HarbourAtlas SpA, Chile (“HarbourAtlas”, “we”, “us” or “our”).
By accessing or using the Services on behalf of an organization, you confirm that you are authorized to do so and agree to these Terms. If your organization has entered into a separate written agreement, order form, subscription agreement or other contract with HarbourAtlas, that agreement will control in the event of a conflict.
1. Business service
HarbourAtlas is a business-to-business maritime intelligence service intended for shipping, logistics, port, terminal and other professional users. The Services are not intended for consumer use.
2. Customer accounts and authorized users
Access is granted to specific organizations and authorized users. Customers are responsible for ensuring that only approved users access the Services, that user information remains accurate, that authentication credentials and devices are protected, and that HarbourAtlas is promptly notified if access should be removed or suspended.
3. Service plans and access levels
Features, datasets and modules available to a customer depend on the plan or access level purchased or otherwise authorized by HarbourAtlas. Access to one module does not imply access to all HarbourAtlas information.
4. Permitted use
Customers and authorized users may use the Services for their internal professional and commercial purposes in connection with maritime planning, analysis, procurement, operations, commercial assessment and related business activities.
5. Prohibited use
- sharing an account with unauthorized persons;
- reselling, sublicensing, publicly redistributing or republishing HarbourAtlas reports or datasets without written authorization;
- scraping, systematically extracting or bulk-downloading the Services outside permitted product functionality;
- reverse engineering or attempting to bypass technical access controls;
- using the Services to gain unauthorized access to systems or data;
- misrepresenting HarbourAtlas information as official Panama Canal Authority information; or
- using the Services in violation of applicable law or third-party rights.
6. Maritime intelligence and source information
HarbourAtlas provides analytical and operational intelligence derived from public sources, customer-accessible sources, HarbourAtlas processing and other lawful information sources. Where relevant, HarbourAtlas may identify or distinguish observed, calculated, derived or modelled information.
The Services are designed to support professional judgment. They are not an official source of instructions from the Panama Canal Authority, port authorities, terminal operators, vessel operators or other third parties.
7. No operational guarantee
Maritime operations are affected by changing conditions, authority decisions, weather, water levels, congestion, vessel characteristics, customer decisions and other factors outside HarbourAtlas’s control. HarbourAtlas therefore does not guarantee a particular transit slot, auction outcome, waiting time, capacity level, vessel acceptance, routing result, cost saving or operational outcome.
8. Intellectual property
HarbourAtlas and its licensors retain all rights, title and interest in the Services, including software, interfaces, designs, data structures, analysis methods, reports, compilations, branding and related intellectual property, except for third-party material that remains owned by its respective owner.
9. Customer information and confidentiality
HarbourAtlas will use customer account information and confidential business information only as reasonably necessary to provide, secure, administer and support the Services, or as otherwise permitted by an applicable agreement or law. Where the parties have signed a separate non-disclosure or confidentiality agreement, that agreement will govern confidential information covered by it.
10. Availability and changes
HarbourAtlas aims to provide reliable access but does not guarantee uninterrupted or error-free availability. Maintenance, third-party outages, data-source interruptions, security events and circumstances beyond HarbourAtlas’s reasonable control may affect availability.
11. Fees and subscriptions
Fees, subscription periods, renewal terms, taxes, payment conditions and any service-specific commercial commitments are governed by the applicable quotation, order form, subscription agreement or other written commercial agreement between HarbourAtlas and the customer.
12. Third-party services
The Services may depend on or interact with third-party infrastructure or data providers. Third-party services may be subject to their own terms, availability and technical limitations.
13. Disclaimer
To the maximum extent permitted by applicable law, the Services are provided on an “as available” basis. HarbourAtlas disclaims implied warranties that cannot reasonably apply to analytical maritime intelligence, except where such warranties cannot legally be excluded.
14. Limitation of liability
To the maximum extent permitted by law, HarbourAtlas will not be liable for indirect, incidental, special, punitive or consequential damages, including loss of profit, revenue, business opportunity or anticipated savings arising from use of or inability to use the Services.
Unless a separate written agreement states otherwise, HarbourAtlas’s aggregate liability arising from the Services will not exceed the fees paid by the applicable customer to HarbourAtlas for the Services giving rise to the claim during the twelve months immediately preceding the event giving rise to liability.
15. Suspension and termination
HarbourAtlas may suspend access for non-payment, material breach, security risk, unlawful use or as otherwise permitted by an applicable customer agreement. Upon termination or expiration, authorized access ends unless otherwise agreed.
16. Privacy
HarbourAtlas’s processing of personal data is described in the Privacy Policy.
17. Governing law
Unless a separate written agreement provides otherwise, these Terms are governed by the laws of the Republic of Chile. Any dispute arising from these Terms will be subject to the competent courts of Santiago, Chile, without prejudice to any mandatory jurisdiction that may apply by law.
18. Changes to these Terms
HarbourAtlas may update these Terms to reflect changes in the Services, legal requirements or business practices. Material changes will be reflected by updating the revision date and, where appropriate, providing additional notice.
19. Contact
HarbourAtlas SpA
Chile
[email protected]
https://harbouratlas.com