Terms of Service & License Agreement

Effective Date: March 2025

1. Acceptance of Terms

By accessing or using Seafarer Documents Manager, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy. These Terms apply to all users of the application, regardless of how the application is accessed.

2. License Grant

2.1 Limited License

Kuka Lab grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Seafarer Documents Manager application on your personal Android device, subject to these Terms.

2.2 License Restrictions

You agree NOT to:

• Copy, modify, or create derivative works of the application
• Reverse engineer, decompile, or disassemble the application
• Distribute, sell, sublicense, rent, or lease the application to third parties
• Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.)
• Use the application for any unlawful or prohibited purpose
• Attempt to gain unauthorized access to the application's systems or networks
• Use the application in any manner that could damage, disable, or impair its functionality

3. User Accounts and Data

3.1 Account Responsibility

• You are responsible for maintaining the security of your device and any authentication methods (PIN, biometrics)
• You are solely responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized access or security breach
• We cannot and will not be liable for any loss or damage arising from your failure to maintain security

3.2 Data Accuracy

• You are responsible for the accuracy, quality, and legality of the data you input
• You must ensure all uploaded documents are authentic and belong to you
• You must keep your certificates and documents up to date
• We are not responsible for errors, omissions, or outdated information in your data

4. Acceptable Use

You agree to use SDM only for lawful purposes. You must NOT:

• Upload false, fraudulent, or counterfeit documents
• Impersonate another person or misrepresent your identity
• Use the app to violate any laws, regulations, or third-party rights
• Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Transmit any viruses, malware, or malicious code
• Interfere with or disrupt the application's operation or servers
• Collect or harvest information about other users without their consent
• Use the app for commercial purposes without our written permission

5. Intellectual Property Rights

5.1 Ownership

The Seafarer Documents Manager application, including its source code, design, graphics, user interface, and all intellectual property rights therein, is and remains the exclusive property of Mykhaylo Osypov and Kuka Lab.

5.2 Trademarks

"Kuka Lab," "Seafarer Documents Manager," "SDM," and associated logos are trademarks of Kuka Lab. You may not use these trademarks without our prior written permission.

5.3 User Content

You retain all rights to the documents and data you upload to SDM. However, you grant us a limited license to process, store, and transmit your data solely for the purpose of providing the app's functionality (e.g., cloud backup, CV generation).

6. Application Features and Services

6.1 Document Management

• SDM provides tools to organize and track your maritime documents
• We strive for accuracy but do not guarantee the app will meet all your requirements
• Features may be updated, modified, or discontinued without notice

6.2 Notifications

• SDM may send push notifications about expiring documents
• Notification delivery is not guaranteed due to device settings, network conditions, etc.
• You are responsible for monitoring your own certification deadlines

6.3 Backup Services (Optional)

• Cloud backup is an optional feature that you must explicitly enable
• We are not responsible for data loss due to device failure, user error, or other causes
• It is your responsibility to maintain regular backups of important data

7. Third-Party Services

SDM may integrate with third-party services (e.g., cloud storage, push notifications). Your use of such services is subject to their respective terms and policies. We are not responsible for the actions, content, or policies of third-party services.

8. Disclaimers and Limitation of Liability

8.1 No Warranty

8.2 Limitation of Liability

To the maximum extent permitted by law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• This includes damages for loss of profits, data, use, goodwill, or other intangible losses
• Our total liability shall not exceed the amount you paid for the app (which is currently $0, as SDM is free)
• Some jurisdictions do not allow limitations on liability, so these may not apply to you

8.3 Professional Responsibility

9. Indemnification

You agree to indemnify, defend, and hold harmless Kuka Lab, Mykhaylo Osypov, and their affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

• Your use or misuse of the application
• Your violation of these Terms
• Your violation of any rights of another party
• Your submission of false, fraudulent, or unlawful content

10. Updates and Modifications

10.1 App Updates

• We may release updates, patches, or new versions of SDM from time to time
• Updates may include new features, bug fixes, or security improvements
• You may be required to accept updates to continue using the app
• We are not obligated to provide any updates or support

10.2 Terms Updates

• We reserve the right to modify these Terms at any time
• Changes will be effective upon posting in the app or on our website
• Material changes will be communicated via in-app notification or email
• Continued use of SDM after changes constitutes acceptance of new Terms

11. Termination

11.1 Termination by You

You may terminate your use of SDM at any time by:

• Uninstalling the application from your device
• Deleting your data within the app
• Contacting us to request account deletion (if applicable)

11.2 Termination by Us

We reserve the right to suspend or terminate your access to SDM, without notice, if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• We discontinue the application
• Required by law or legal process

11.3 Effect of Termination

• Upon termination, your right to use SDM immediately ceases
• You must uninstall the application and cease all use
• Provisions regarding liability, indemnification, and dispute resolution survive termination

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of SDM shall be subject to the exclusive jurisdiction of the courts in [Your Jurisdiction].

13. Dispute Resolution

13.1 Informal Resolution

Before filing a legal claim, you agree to first contact us at kukalab@mail.com to attempt to resolve the dispute informally.

13.2 Arbitration (Optional)

If informal resolution fails, disputes may be resolved through binding arbitration rather than in court, if both parties agree.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kuka Lab regarding SDM and supersede all prior agreements, communications, and understandings, whether written or oral.

16. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Kuka Lab.

17. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.

18. Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19. Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country.

20. Mobile Application Specific Terms

20.1 Google Play Store

• If you download SDM from Google Play, you also agree to Google Play's Terms of Service
• Google is not a party to these Terms and has no obligations with respect to SDM

20.2 Permissions

SDM may request the following device permissions:

• Storage: To save and access your documents locally
• Camera: To scan and upload document images
• Notifications: To alert you about expiring certificates
• Biometrics: To secure access to the app (optional)

You may revoke these permissions at any time through your device settings, though this may limit app functionality.

21. Open Source Components

SDM may include open-source software components. Such components are licensed under their respective open-source licenses (e.g., MIT, Apache, GPL). A complete list of open-source components and their licenses is available within the app under "Settings → About → Licenses."

22. Feedback and Suggestions

We welcome your feedback! If you provide suggestions, ideas, or feedback about SDM, you grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback into our products without compensation or attribution to you.

23. Contact Information