Terms of Use
This document sets out a non-exhaustive summary of some of the key terms governing your use of the products and services that Kpler makes available (the “Services”) and the data, information, reports, written content and/or structured and unstructured data that is made available through this Service (the “Data”) on Kpler’s website www.kpler.com and/or any related platforms and/or apps, including MarineTraffic (the “Kpler’s Platforms”).
These Terms of Use are entered into by and between the user (“you”, “your”) and Kpler Holding SA and its affiliates (collectively “Kpler”, “we”, “us” or “our”). You can find more details about us at Kpler Company. If you work for, or are engaged by, an organisation that has entered into an arrangement with Kpler for the provision of one of the Services, then the contract governing that arrangement will set out additional terms and conditions governing the use of those Services and the Data. Please make sure you understand those additional terms and conditions and comply with them by speaking to the relevant person within your organisation.
By using the Service(s), you accept and agree to be bound by the following special terms and conditions (the "Terms of Use"). By visiting Kpler’s Platforms or using the Service, you accept the following Terms of Use in full. Kpler may update the Terms of Use at any time. All changes shall be effective once notified to you and/or upon posting on the Kpler’s Platform(s). Your continued use of the Services following any changes of the Terms constitutes your acceptance of and agreement to be bound by the Terms of Use as modified.
At any time, if you disagree with the Terms of Use, you should immediately discontinue the use of the Services.
1. Use of the Services and/or Data
● You must at all times:
o not use the Services and/or Data for illegal, deceptive, misleading or unethical purpose or otherwise in any manner inconsistent with this Terms of Use or which may be or may be construed as being detrimental to the reputation of Kpler, even in an indirect way;
o use the Service and/or Data in accordance with all applicable laws and regulations;
o except as expressly agreed by Kpler in writing:
▪ not (attempt to) download, reverse engineer, modify, aggregate or decompile the Data or any software contained in Kpler’s Platforms, or create derived data from the Data, in any way;
▪ not copy, (sub)licence, (re)sell, reproduce, duplicate or publish the Service or the Data or any other Kpler’s data available on Kpler’s Platforms; and
▪ not 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;
o not attribute the Service and/or Data to any person other than Kpler;
o not remove any copyright or other proprietary notations from the Data and/or any other content presented anywhere on Kpler’s Platforms;
o not use the Service and/or Data as part of (or in the development or operation of) any financial, investment or other products, indices or instruments;
o not use the Data in any advertising or marketing, except where Kpler has given its prior consent;
o not engage in web scraping1 on Kpler’s Platforms; and
o not 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.
● You must not import or transfer to the Service and/or on Kpler’s Platforms, either directly or indirectly, any information or other content which is or may be:
o inaccurate, misleading, defamatory, obscene, abusive or offensive;
o in breach of any intellectual property right, privacy, publicity or any other rights of any third party; or
o damaging to the performance of the Services.
● You are obligated to promptly delete and purge any of the Data obtained through unauthorised means and/or at the end of your agreement with Kpler to use the Service and/or Data.
2. Key principles of the Services and/or Data
a) Ownership
● Any and all rights, title and interests in and to the Data, together with any documentation or other materials Kpler makes available through the Service and/or Kpler’s Platforms, including any intellectual property rights, are and shall remain the exclusive property of Kpler or its third-party licensors (if any). Except where we publish or make available our publications to the public at large (for example, on Kpler’s social media accounts), the Services and/or Data shall be Kpler’s Confidential Information. You are not entitled to reproduce, duplicate, copy, publish, sell, distribute or otherwise make available the Data (or any part of them) without our express and specific written permission.
● All trademarks appearing on the Kpler’s Platforms are property of Kpler and/or third parties, companies/ respective owners and are protected by European trademark laws, as well as by international treaties and conventions. Use of these trademarks is by all means prohibited.
b) Lack of Guarantee
● Whilst we take pride and care in the collation and production of the Data, the Services and the Data are provided on an “as is” and “as available” basis. Although Kpler strives to keep the information on Kpler’s Platforms accurate and up to date, the latter cannot guarantee the completeness or accuracy of the data provided through the Service (including but not limited to, in any possible form, such as images, video, text, graphics etc.).
● The Data provided have been published solely for informational purposes, without warranty of any kind, whether expressed or implied. The display, the creation of derived data, and internal distribution of Data through the Service within your organisation are solely permitted for research and internal business purposes. Any other internal or external dissemination of the Data is strictly prohibited, except as expressly indicated in these Terms of Use or any other contractual agreement with Kpler. Except as expressly agreed by Kpler in writing, commercial use of any Kpler’s data gathered through this Service is prohibited and shall require obtaining a licence from Kpler and/or our third party licensors (if any).
● Kpler reserves the right to change the Data from time to time, in accordance with its methodologies, policies and procedures.
● No representation, warranty, assurance or undertaking (express or implied) is or will be made, and no responsibility or liability is or will be accepted by us, or by any of our respective officers, employees or agents, in relation to the adequacy, accuracy, completeness or reasonableness of the Data. You acknowledge that the Service is subject to variations and uncertainties. Kpler does not guarantee the absolute accuracy of the Data and recommends using it as a reference rather than an absolute measure. All such responsibility and liability are expressly disclaimed to the maximum extent permitted by applicable law. In particular, the Service should not be relied on as trading, investment, tax, legal, financial or any other form of advice or guidance; nor do they take account of any individual circumstances that may apply to you or the organisation you work for.
c) Reliance
● Nothing in the Service or the Data constitutes, or may be construed as constituting, an inducement, offer, recommendation or solicitation, as applicable, to buy, sell, hedge, hold or otherwise trade in a commodity or particular type(s) of commodity.
● 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 Kpler’s Platforms do not create any liability of Kpler. You visit Kpler’s Platforms at your own initiative and risk.
● Where the Data or Services refer to historic or prevailing trends or performance, or to future projections, forecasts, estimates or predictions (including forward looking statements), no representation, warranty, assurance or undertaking is given by Kpler (i) that those historic or prevailing trends or performance will in any way guarantee or predict future results; or (ii) as to the probability, reliability, achievement or reasonableness of those future projections, forecasts, estimates or predictions (including forward looking statements).
● Future projections, forecasts, estimates or predictions (including forward looking statements), in particular, may be based on certain assumptions and/or reflect Kpler’s expectations, predictions and estimations and may therefore be subject to a range of uncertainties, unknowns and/or risks that may mean that the actual, real life events or results differ significantly. Reliance should therefore never be placed on such future projections, forecasts, estimates or predictions (including forward looking statements).
d) Access
● Kpler aims to maintain the availability of Kpler’s Platforms, but it cannot guarantee continuous, uninterrupted, error-free, or virus-free provision of the Service. We assume no liability for unavailability, interruptions, errors, or viruses. You are responsible for making the necessary arrangements to access Kpler’s Platforms.
● You are also responsible for ensuring that all individuals accessing Kpler’s Platforms through your internet connection are aware of and shall comply with these Terms of Use and any other applicable terms and conditions.
3. Kpler’s liability
● In no event shall Kpler, or any of its respective officers, employees or agents, be held liable for any direct, indirect or consequential damages or loss arising out of or in any way connected with the utilisation or dependence upon the Data or any data provided on Kpler’s Platforms. For the sake of clarity, Kpler shall not be liable to any of its users for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Kpler’s Platforms or use of or reliance on any Data.
To the maximum extent permitted by applicable law, Kpler excludes all liability for indirect, incidental, special, punitive, consequential or exemplary loss or damage arising out of or in connection with this Service as well as for loss of profits, loss of sales, loss of business, loss of contract, loss of opportunity, loss of revenue, loss of anticipated savings, loss of technology, business interruption, wasted management time, loss of, destruction of or damage to data and/or loss of or damage to business opportunity, goodwill or reputation, in each case arising out of or in connection with this Service.
This disclaimer of liability encompasses any claims for damages, whether arising from contract, tort, negligence, strict liability, or any other legal theory. For the sake of clarity, the Terms of Use do not exclude or limit our liability for death or personal injury resulting from our negligence, nor for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
● Subject to any pre-existing contractual relationship between you and Kpler, to the extent permitted by law, Kpler disclaims all conditions, warranties, representations, or other terms that may be implied, whether express or implied, in relation to Kpler’s Platforms, and/or any data provided through these means.
● Kpler disclaims any liability for losses or damages resulting from a virus, distributed denial-of-service attack, or other technologically harmful materials that may compromise your computer equipment, computer programs, data, or other proprietary material because of using the Kpler’s Platforms or accessing linked websites.
4. Links
● Where as part of the Service we provide hypertext links to other websites or contacts, we do so for information purposes only and such links do not constitute an endorsement, sponsorship, affiliation or recommendation by us of any products or services in such sites. You use such links entirely at your own risk and we accept no responsibility for the content or use of such websites or for the information contained on such sites (including any website through which you may have gained access to the site).
● The Services may include links to websites or resources operated by third parties. It is strongly advised that you thoroughly review the terms of use and privacy policy of any linked third-party website before providing any information or utilising its products and services.
● Kpler absolves itself of responsibility for the information found on websites linked to Kpler’s Platforms. The inclusion of such links should not be construed as an endorsement by Kpler of the linked websites. Kpler excludes all liability for any loss or damage arising from your use of these linked websites.
● In addition, given that Kpler lacks control over such websites and resources, you explicitly acknowledge and agree that Kpler bears no responsibility or liability for the content, products, or performance of these third-party websites and resources. By accepting these Terms of Use, you hereby waive any irrevocable claims against Kpler in relation to such websites and resources. Kpler retains the right to terminate any link at its discretion without prior notice. The provision of a link to another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Kpler with that website or resource, nor with any products or services offered therein.
5. Services Specifications
a) Insight and Maritime News
● The Data made available through this Service is for general background information (and, sometimes, promotional) purposes only and you may use and refer to such Data solely for general background information (or, where applicable, promotional) purposes in connection with your internal business purposes.
● We are not under any obligation to update or revise our publications (or any part of them), including any opinions, suggestions, views, recommendations and other statements in our publications, even where we become aware that something has, or may have, changed. Nor are we under any obligation to inform you of such matters. Any opinions, suggestions, views, recommendations and other statements set out in our publications are solely those of the author(s) at the point in time when the relevant publication was first prepared and may be subject to change.
b) Emissions Intelligence
● Emission data, rating / scoring of any assets, provided through this Service are provided on an “as is” basis. Consequently, Kpler cannot be held responsible for any inaccuracies of the Data provided through this Service.
● We are not a vetting organism and have no association with any authority or certifying body. As a result, the Data provided through this Service shall not be treated as such and Kpler cannot and shall not be held responsible if any third party uses this Data to make any decisions concerning you or the company you work for.
● If you deem Data to be inaccurate or outdated, you may initiate a request for information update. To commence such a request, you are required to furnish us with undisputed valid proof and documentation substantiating your assertion of inaccuracy, as any alteration without substantiating documentation might expose Kpler’s accountability.
c) Risk & Compliance
● Risk & Compliance data, rating / scoring of any assets, provided through this Service are provided on an “as is” basis. Consequently, Kpler cannot be held responsible for any inaccuracies of the Data provided through this Service.
● Kpler does not warrant that the Data provided through this Service contain all maritime related datasets or other relevant data existing worldwide.
● If data is not accurate, please contact our support team through: rc@kpler.com.
d) MarineTraffic - Fleet Management and Container Tracking
● By using this Service, you grant us a non-exclusive, worldwide, perpetual, transferable, irrevocable and royalty-free licence to use, store, process, reproduce, modify, anonymise and aggregate the maritime related datasets you are adding on Kpler’s Platforms for the purpose of creating derived works, improve our Services and/or Data, and refine our internal models and Data, provided such Data cannot be used to identify you. We may also combine or incorporate your data with or into other similar data and information available, derived or obtained from other customers, users, or other sources.
● Kpler does not warrant that the Data provided under this Service contain all nautical navigation or other relevant data existing worldwide.
● At Kpler, we respect the privacy of all our customers and users, and we are committed to data protection compliance. Kpler’s Privacy Notice provides detailed information about how we collect and process your personal data through your use of our Services.
e) MarineTraffic - Ship Tracking and Data Services
● The provided information on vessels position and identity, in particular, originate directly from the vessels, which transmit this information through publicly accessible radio frequencies, according to the 'Automatic Identification System' (AIS). The information collected and published may contain errors, due to the intrinsic limitations of radio communications (e.g. limited coverage, interference, attenuation, special weather conditions etc), due to erroneous configuration of the AIS devices on board, due to negligent data entry by a vessel’s crew, due to erroneous position received by the vessel’s GPS and due to other factors beyond the control of Kpler. Furthermore, vessel positions may be up to one hour old or incomplete. Data is provided for informational reasons only and is not related by any means to the safety of navigation.
Consequently, Kpler, the administrators of Kpler and their partners cannot provide any type of guarantee neither are responsible for the correctness, validity, thoroughness and accuracy of that information published, nor for the suitability of their usage for purposes other than informational only.
● Kpler does not warrant that the Data to be provided under this Service contain all nautical navigation or other relevant data existing worldwide.
● You may not use, promote or sell any products or services which contain the Data to any individual or entity, which is owned, controlled or associated with a proscribed country (or to any sanctioned country) or any individual or entity or sanctioned country with any history of jeopardising vessel safety.
f) Historical Data
● Kpler warrants that (a) it has all necessary right and power to sell the Historical Data, (b) to the best of its knowledge the Historical Data does not infringe the proprietary rights of any third party or violate applicable laws and/or regulations, (c) it shall promptly inform you if it receives communications that the provision of the Historical Data infringes any proprietary rights or applicable laws and/or regulations, and (d) it shall make reasonable commercial efforts to ensure the Historical Data is accurate.
● Except as expressly agreed by Kpler in writing, you shall not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, translate, publish, display, modify, upload, post, transmit, enhance or create derivative works from, or in any other way create a misimpression or confusion among users with respect to sponsorship or affiliation or exploit in any way material from the Historical Data.
● You shall refer to Kpler as the supplier of the Historical Data purchased and used as a result of such purchase, in all reports, analyses or documents in which or for which the Historical Data will have been used and/or incorporated. For this purpose only, you may use Kpler’s logos and/or trade names.
● You may not sub-sale the Historical Data to individuals or entities. In the event of a permitted sub-sale to your clients under the special terms and conditions herein, you shall use commercially reasonable means to ensure that your clients shall avoid potential misuse or unauthorised access to the Historical Data. You acknowledge that any access to the Historical Data is subject to applicable international telecommunications and maritime laws and regulations and in the interest of the international community.
g) Upload of Photos and Copyrights
● You may wish to upload and submit photo(s) to a Kpler’s Platforms (the “Photo(s)”), and by doing so you accept to be bound by the Terms of Use. At any time, if you disagree with these Terms of Use, please do not upload your Photo(s) and/or immediately remove your existing Photo(s) from the Kpler’s Platforms.
● You acknowledge and agree that either (i) you are the photographer or the rightful owner of the copyrights associated with the Photo(s); or (ii) you have the express consent of the copyright owner to the Photo(s) to licence it to third parties, such as us, in accordance with these Terms. At any time, you shall maintain full copyright interests of the Photo(s).
● You acknowledge that your Photo(s) and/or other content submissions are non-confidential and non-proprietary.
● By uploading the Photo(s), you represent and warrant that you have the legal right to grant the licence specified in these Terms of Use and that the use of the Photo(s) by Kpler will not infringe upon the rights of any third party.
● By uploading the Photo(s) to our Website and/or App, you grant us a non-exclusive, worldwide, perpetual, transferable, irrevocable and royalty-free licence to use, store, process, reproduce, modify, distribute, display, publish the Photo(s) and create derived works on any Kpler’s Platforms and/or Kpler’s social media accounts for promotional, operational and commercial purposes.
● The grant of licence expressly includes all known and unknown forms of offering on the Internet, in particular the possibility of integration into paid online services and websites as well as within the freely accessible Internet. In particular, you grant us the following non-exclusive and worldwide rights of use:
a) the right of reproduction, making available to the public and distribution, i.e. the right to reproduce the work without limitation and to make it available to the public or to reproduce it publicly, by any technical means, in particular by digital incorporation within the framework of the Kpler’s Platforms and/or Kpler’s social media accounts;
b) the right to make the Photo(s) available on demand, i.e, the right to store the Photo(s), to make them available to the public, to transmit them in any database, electronic data network or telecommunications service network;
c) the right to edit, i.e. the right to transform and process the Photo(s) in any way;
d) the right to advertise, i.e. the right to use the Photo(s) to promote our services, also in other media and outside the Internet, namely on television and in print media, but not to promote third party products.
e) the right to use the Photo(s) for commercial purposes.
● You understand that visitors to the Kpler’s Platforms and/or Kpler’s social media accounts may be able to download or repost the Photo(s) and as a result the Photo(s) may be used for other purposes and that we will not have any obligation to prevent or police, and will not be liable for, any such downloading and reuse by a third party.
● This licence does not transfer ownership of your Photo(s) to Kpler. You retain all rights, title, and interest in the Photo(s). We honour and appreciate your creative contributions. Your User Name will always be prominently displayed alongside each of your Photo(s), ensuring proper attribution for your work or for the third party work on which you have the express consent of the copyright owner.
● In case the Photo(s) is/are made explicitly available in the public domain, without copyrights, please refer to its source.
● We respect the intellectual property rights of others, and do not permit, condone or tolerate the use of Photo(s) that infringe copyright.
Should you become aware of or suspect that our usage of any Photo(s) is a copyright infringement, please notify us by sending an email to our team here.
● Therefore, we reserve the right to reject uploading of the Photo(s) and/or remove the Photo(s) from the Kpler’s Platforms at our sole discretion. Any Photo(s) for which we reasonably believe you do not own the copyright, will be subject to rejection or removal. We reserve the right to ban individual users from the Kpler’s Platforms for copyright infringement and/or undertake any other measure(s) we deem necessary.
● You may also request the removal of the Photo(s) from the Kpler’s Platforms and/or Kpler’s social media accounts by contacting our team here. We will make reasonable efforts to promptly comply with such requests.
● For more information on our privacy policies, please refer to our Privacy Notice.
● We greatly appreciate any content and Photo(s) our registered users submit and share with us and the user community. If you have any questions or concerns regarding these Terms of Use, please contact our support team here.
6. Connect with us
● If you require technical assistance or have any other support-related inquiries regarding Kpler and its Services and/or Data, please do not hesitate to contact us using the following information:
Technical Support:
For technical support, our dedicated team is available to assist you. You can reach our technical support team through: support@kpler.com
General Support:
For general support inquiries or any other non-technical assistance, please contact our support team through: info@kpler.com
● If you deem specific information on Kpler’s Platforms and/or Kpler’s social media accounts to be inaccurate or outdated, you may initiate a request for information update. To commence such a request, you are required to furnish valid proof and documentation substantiating your assertion of inaccuracy.
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1. If you wish to access data from Kpler’s Platforms for legitimate purposes, you must enter into a formal agreement with Kpler. Such access may require payment based on the type and volume of data, products/services requested. This approach ensures that Kpler’s Data usage is controlled, and the terms are mutually agreed upon to prevent misuse and protect the integrity of Kpler’s platforms. Any violation may result in legal action and termination of your current access to Kpler’s Services and/or Data.
