TERMS OF USE

(Last Updated May 6, 2021)

Agreement

Real Time Data Pty. Ltd., a company located in South Australia (“we”, “us”, or “RTD”) is proud to provide Deckhand Pro and related software and services (“Deckhand”) to you or your current employees.  If you are using Deckhand on behalf of a business (such as your employer), your use of Deckhand acknowledges that the business accepts these terms of use (“Terms”).  In that case, the words “you” and “your” in these Terms refer to that business as well.

These Terms govern your access to and use of Deckhand, so please read them carefully as well as our Privacy Policy before using Deckhand.  By using Deckhand, you agree to be bound by these Terms and by our Privacy policy.   If you don’t agree with these Terms and our Privacy Policy, you cannot use Deckhand in any way or at any time.

By downloading or using Deckhand, these Terms will automatically apply to you and your employer.  You should make sure therefore that you read them carefully before use. You’re not allowed to copy, or modify Deckhand, any part of Deckhand, or our trademarks in any way. You’re not allowed to attempt to extract the Deckhand source code, reverse-engineer data transmission done by Deckhand, and you also shouldn’t try to translate the app into other languages, or make derivative versions. Deckhand, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to RTD and you have no right to use, copy, or publish them without our written permission.

Your Data and Privacy

We developed Deckhand to help you digitally capture, visualize and gather information in the form of a digital logbook (your “Data”).   You may choose to send this data to regulators or other data collectors as provided by features available to you within Deckhand or provided by RTD under enterprise agreements with fisheries.    However, you retain full ownership of your Data, and you are not required to submit or report this data unless you explicitly choose to do so.  We will not automatically send data without your consent, nor keep your data for any other purpose than providing support to you or conforming to the requirements your chosen regulator or data collector may impose in the transmission of data.

RTD does not claim any ownership to any of your Data and these Terms do not grant us any right to your Data or intellectual property except for the limited rights that require to administer Deckhand as described below.

You can remove your Data by specifically deleting it. However, in certain instances, some of your Data (such as summaries aggregating your Data with other Content) may not be completely removed and copies of your Data may continue to exist within Deckhand. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Data.

Account Information and Security

You may be assigned a username and password to access Deckhand (your “Account”). You agree not to use the username or password of another person at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your username or access to your password. You are solely responsible for any and all uses of your username and password, as well as all activities that occur under your Account, whether or not you know about them. You can deactivate your account at any time by sending an email to RTD at support@deckhandlogbook.com with “Deactivate my Account” in the subject line and including your Account username, password, and contact information in the body of the email.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate and complete. If you don’t, we might have to suspend or terminate your Account.

Rights you Grant to RTD

In providing Deckhand, RTD has a requirement to transfer your data for purposes of support and to examine your data whenever you report problems or need assistance.  RTD will not copy, display, perform, or distribute your Data for purposes other than Deckhand system administration without your consent.

If you choose to upload your Data to RTD or a regulator, you hereby grant to RTD a non-exclusive, transferable, sub licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your Data in connection with operating and providing Deckhand to you and to other Deckhand users.

You are solely responsible for all your Data. You represent and warrant that you own all your Data or that you have all necessary rights to grant us the license rights in your Data under these Terms. You also represent and warrant that neither your Data, nor your use and provision of your Data to be made available through Deckhand, nor any use of your Data by RTD on or through Deckhand will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of privacy, or result in the violation of any applicable law or regulation.

Limitations on Provision of Service

Deckhand stores and processes data that you have provided to us, in order to operate your account, provide data storage and transmission to selected providers, and allow you to make copies and backup your own data (the “Service”). It’s your responsibility to keep your iPad device (or equivalent) and access to Deckhand secure. We therefore recommend that you do not jailbreak or root your device (which is the process of removing software restrictions and limitations imposed by the official operating system of your device). It could make your device vulnerable to malware, viruses or malicious programs, compromise your device’s security features and it could mean that Deckhand won’t work properly or at all.

You should be aware that there are certain things that RTD will not take responsibility for. Certain functions of Deckhand will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but RTD cannot take responsibility for Deckhand not working at full functionality if you don’t have access to the internet.

If you’re using Deckhand outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using Deckhand, you’re accepting responsibility for any such charges, including roaming data charges if you use Deckhand outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using Deckhand, please be aware that we assume that you have received permission from the bill payer for using such data services.

Along the same lines, RTD cannot always take responsibility for the way you use Deckhand. For example, you need to make sure that your device stays charged.   If it runs out of battery and you can’t turn it on to use the Service, RTD cannot accept responsibility.

With respect to RTD’s responsibility for your use of Deckhand, it’s important to bear in mind that although we strive to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. RTD accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality within Deckhand itself.

Modifications to These Terms

We may update these Terms from time to time, at our sole discretion. We may notify you of such updates by any reasonable means, such as by posting the revised Terms on the Deckhand website at deckhandlogbook.com. Your use of Deckhand after the posting of any revised Terms means that you accept and agree to be bound by the revised Terms.

Indemnity

You agree to release, indemnify, defend and hold harmless RTD, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of Deckhand, (ii) your Data, or (iii) your violation of these Terms.

Termination

We may terminate your access to and use of Deckhand, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Deckhand or your Account, all provisions of these Terms that by their nature will survive. This includes, for example, ownership provisions, warranty disclaimers, and limitations of liability.

Contact Us

If you have any questions or suggestions about our Terms of Use, do not hesitate to contact us at support@deckhandlogbook.com.