(Hereinafter: Terms)
These Terms govern the relations between
Hereinafter together referred to as “the Parties” or individually as “a Party”
These Terms apply to the Devices and Services for Monitoring and Control of technical parameters of vessels.
For all relationships and provisions that are not regulated by these Terms or separate Agreement, Croatian legislation shall apply.
In the event of any conflict or inconsistency between these Terms and any terms or conditions of the Agreement, the terms and conditions of the Agreement shall prevail.
Sentinel shall offer Services upon payment, as defined in the Offer or Agreement.
Monitoring and Control of technical parameters of vessels is limited to the Territory.
Client accepts that availability and use of Services depends on the availability and coverage of wireless networks, telecommunications networks, satellite positioning systems and the Internet, which involve facilities owned and operated by third parties. SENTINEL IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF SUCH THIRD PARTY SYSTEMS OR FACILITIES OR LOSS OF DATA DUE TO POOR, NONE OR EXTENSIVE LACK OF COVERAGE.
Sentinel provides no warranty regarding and will have no responsibility for any claim arising out of:
Sentinel provides no warranty and will have no responsibility for:
Client warrants and undertakes that:
In case of violation of any of these obligations, Sentinel has the right to immediately terminate the relationship and require payment of the balance and to claim compensation for any damage.
Price for Product is defined in the Offer and remains fixed during the entire Term, unless the parties agree otherwise. Any charges that Sentinel may incur in connection with the delivery of the Product to the Client, including, without limitation, in relation to freight, export duties, import duties, all applicable taxes, appropriate insurance and storage costs or any other payments related to delivery are borne by Client.
Client is obligated to settle the invoice by the due date as indicated on the invoice. Sentinel can temporarily limit the Service or deactivate the Device from the electronic communications network if Client has not settled the outstanding amount within the period specified in the notice in written or electronic form, and did not file an objection to the amount charged within 15 days after receiving an Invoice. Costs for reactivation are calculated according to valid Sentinel’s price list at the time of reactivation.
When applicable, online payments for using the Service can be made via Sentinel's web application (https://shop.sentinelmarine.net) by using a credit card or PayPal.
Sentinel is using a third party service provider for processing online payment transactions. Sentinel has no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Service or for loss of data or information caused by factors beyond Sentinel's control.
Sentinel has no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Service or for loss of data or information caused by factors beyond Sentinel's control. Once payment has been made it cannot be canceled. Sentinel does not accept any responsibility for refusal or reversal of payments, which shall be a matter between the Client and their credit card issuer.
The Client warrants that:
Some features Sentinel may offer as in-app purchases. When applicable, payments will be processed through the Google Play or Apple AppStore from which the Client originally downloaded the Sentinel mobile app. The Client can access the applicable in-app purchase rules and policies directly from the app stores. The Client acknowledges and agrees that all billing and transaction processes are handled by the App Store Provider from whose platform the Client downloaded the app and are governed by the App Store Provider's terms and conditions. If the Client has any payment related issues with in-app purchases then the Client needs to contact the App Store Provider directly.
Activation of the Services depends on the purchasing mechanism (eg. pro-forma invoice, online payment or Agreement) and is either automatic or manual. In the former case, Sentinel will activate Services when the Client pays the fee as agreed in the Offer or in the Agreement, unless agreed otherwise. In the later case, Sentinel will issue an Activation Code for manually starting the Services when the Client pays the fee (eg. online payment or the Offer). Each Activation Code is valid for 1 (one) year from the date of purchase. After that it expires and can no longer be used. For manually activating the Services using the Activation Code, Client shall use the Sentinel App, which can be downloaded to a smartphone from Apple AppStore or Google PlayStore. By using the Activation Code or when Service is started automatically, the date of such activation represents the starting date of the initial Term. For accessing and using the Services during the Term, Client can either use the Sentinel mobile App or a browser app (https://web.sentinelmarine.net). Sentinel also offers a limited API for access to certain functionalities of the Services in a programmatic way. Sentinel API usage is subject to the API Terms of use (available at https://sentinelmarine.net/api).
After the expiry of the initial Term, the Client may continue with uninterrupted use of Services and Sentinel will automatically charge the credit card, or if applicable, continue to issue invoices at the end of the Term.
After the expiry of the Term, Client may continue with uninterrupted use of Devices and Services offered, and Sentinel will continue to issue invoices or automatically charge the credit card if applicable with price and conditions as defined in the Offer or in the Agreement.
When Sentinel charges the Client’s credit card for renewals, the Client will have to fill in the billing information in Sentinel's web application before the expiration of the first term. After entering billing information, all of Client’s Services will be automatically renewed from then on.
If the Client does not want to renew his/hers subscription plan for the next term for any Device or Service, the Client should manually cancel auto-renew (in Sentinel's web application) before a new renewal period has started. That can be done at any point and is going to take effect at the end of the current term.
In cases, when the Client is paying via pro-forma invoices (not using the online payment), the Client shall notify Sentinel in writing within 15 days before the expiration of the current Term, if he wants to cancel the automatic renewal. Such a request should be sent to support@sentinelmarine.net.
The Client assumes the responsibility for the professional installation of the Devices. Sentinel shall only provide Customer support when the Device has been professionally installed by the properly trained and qualified installer.
Sentinel shall provide Customer support service by responding to requests, sent directly from a Sentinel App (“Report Issue” feature) or sent to email address: support@sentinelmarine.net, during its working hours from Monday to Friday, between 9:00 A.M. to 4:00 P.M. CET. Typical response time is within 24 hours. Should feedback be required, Sentinel holds the right to resolve the corresponding support ticket by closing it, when no answer is received for more than 72 hours.
Client agrees that Sentinel owns all rights, title and interest to all intellectual property and other proprietary rights to anything related to Product, including, but not limited to all industrial and other intellectual property rights comprising or relating to: a) patents; b) trademarks; c) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, data, data files, and databases and other specifications and documentations; d) trade secrets; e) internet domain names and f) all industrial and other intellectual property rights and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of such rights or forms of protection pursuant to the laws of any jurisdiction throughout in any part of the world. Client is prohibited from, and shall prevent any third party from defacing, removing, covering or altering any of Sentinel’s patent, copyright, or trademark notices placed upon, embedded in, or displayed and related materials. Sentinel reserves all rights in webpages and Services not specifically granted to Client.
Client shall not, without Sentinel’s express prior written consent: (i) resell, white label, reproduce, reverse engineer or reverse compile any part of the Device, Sentinel Software, Sentinel’s name or brand, any Sentinel’s trademark, logo or other proprietary information, or the layout and design of any part of the Product, (ii) attempt to probe, scan or test the vulnerability of any Sentinel system or network or breach any security or authentication, (iii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sentinel or any other third party to protect the Sentinel Software, (iv) transfer, copy, modify, sublicense, lease, lend, rent or otherwise distribute or grant rights with respect to any part of the Sentinel Software or Product to any third party, (v) disassemble, decompile or reverse engineer the Product, in whole or in part, or permit or authorize a third party to do so, (vi) hack into, disable, disrupt, or access without authorization any part of the Product, or attempt any of the foregoing, (vii) attempt to decipher, decompile, disassemble or reverse engineer any aspect of the Product, (viii) to change, reproduce or develop any part of the Product, to take action that would cause the software to be placed in the public domain, open source community or general public libraries or to reproduce, change or reverse engineer the hardware or software, (ix) use or access any part of the Product for any competitive purpose or any purpose that is not aligned with the purpose of this Terms or Sentinel’s best interests, (x) perform benchmark testing on the Product, (xi) encourage or enable any other individual or entity to do any of the foregoing.
The Client is aware that Sentinel as a Data Controller collects, processes, transmits, stores and protects personal data in accordance with applicable personal data protection legislation and Sentinel’s Privacy Policy, which is available on the website: https://sentinelmarine.net/privacy-policy.
Sentinel saves and manages information on the public IP address, username and other user-provided information, app usage statistics, billing and shipping information. Sentinel can transfer this information to third parties in accordance with the law and Sentinel’s Privacy Policy. Sentinel can process and analyze data generated by the Client, with the aim of improving services and to market new Services. When Sentinel offers new Services, generated from Non- personal information, Sentinel will protect all related personal information according to legislation and will not process any of the personal information, except when they are needed for providing Customer support to Clients.
Sentinel Services and all information, content, materials, including software and other services included on or otherwise made available to the Client through the Sentinel Services are provided on an “as is” and “as available” basis, unless otherwise specified in writing.
To the fullest extent permitted by law, in no event will Sentinel, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers or licensors be liable for (i) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, downtime business, or profits, for business interruption, for personal injury, for loss of privacy) damages, arising out of the use or inability to use the Service regardless of legal theory, without regard to whether Sentinel has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; (ii) aggregate liability for all claims relating to the Service more than the amounts actually paid by Client to Sentinel.
Nothing in these Terms removes or limits Sentinel’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
The Client accepts that Sentinel Product does not have a security alarm function or purpose, and can only be used for information purposes. It must be understood that Sentinel Services do not offer any guaranteed protection against burglary, fire, sinking, dead batteries or other emergencies. This is due to a number of reasons, including but not limited to, inadequate or improper installation/positioning, sensor limitations, battery performance, wireless signal interruption, unavailability and lack of coverage of wireless networks, telecommunications networks, satellite positioning systems and the internet. As a result, Sentinel does not represent that Services will prevent personal injury or property, or in all cases provide adequate warning or protection.
Technologies change over time so current technologies Sentinel is using may become obsolete or be replaced by other, different technologies, including different cellular or Wi-Fi signals, which may render Sentinel’s Service inoperable. Sentinel will not be responsible for purchasing for the Clients devices, or updating them with new technologies that might in the future be required to restore operation of Services.
Each Device is supplied and delivered in original packaging with all factory accessories and a warranty sheet. Mounting and installation must be performed professionally by the properly trained and qualified installer according to the technical instructions and under the terms of the warranty. The Client will immediately (or as agreed in the Agreement) notify Sentinel on any defects when Device is delivered. Each Device needs to be installed, but is only enabled when activating the Service (see section 7.). Each Device is delivered with a firmware and has to be enabled no later than 2 (two) years from the date of purchase. After that Sentinel can no longer guarantee that Device is capable of being used with the firmware which was delivered upon purchase and such Device cannot not become subject of a warranty claim.
In the event of claimed defects with respect to a Device, Client shall enable Sentinel to remotely perform diagnostics and shall actively participate according to Sentinel’s instructions. If Sentinel agrees with Client that a rejected Device is defective, Sentinel shall, at its own discretion, repair or exchange the defective Device with a Device free of defects, or reimburse the purchase price of the defective Device. The cost of such repair or exchange of the Device shall be borne by Sentinel, except for the costs of shipping of the defective Device to Sentinel which shall be borne by the Client. Any charges that the Client may incur in connection with the installation or de-installation of the Device shall be borne by the Client. Any charges that Sentinel may incur in connection with the delivery of the Device to the Client, including, without limitation, in relation to freight, export duties, import duties, all applicable taxes, appropriate insurance and storage costs or any other payments related to delivery are borne by Client. Sentinel undertakes, at its own discretion, to repair, exchange or reimburse the purchase price of the defective Device or part. Any other guarantee or additional warranty is expressly excluded. Any defects, which result from normal wear and tear or damaging external influences (e.g., electromagnetic, electrolytic, chemical, weather, air pollution), unapproved repairs, improper maintenance or storage, failure to observe the user manual and mounting instructions, excessive loading, inappropriate or insufficient testing, inappropriate material or processes, failure to implement updates or upgrades of firmware or software as recommended by Sentinel are not covered by the warranty hereunder. If the Device is not under warranty, the Client can opt to pay for the cost of repair or purchase a new Device.
The already activated Services do not automatically stop during the warranty claim process and cannot be reimbursed. Should the Device turn out to be defective while under warranty terms, Sentinel will extend the Services Term for the time lost during the repair or exchange.
When using the Service, Client is obliged to respect the intellectual property rights of Sentinel in accordance with applicable Croatian regulations.
The failure of Sentinel to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
No failure or omission by either Party in the performance of any obligation under this Terms shall be deemed a breach of this Terms or create any liability if the same arises on account of force majeure, which term shall include any event or cause beyond the control either Party, as the case may be, including but not restricted to acts of God, acts or omissions of any government, or agency thereof, rebellion, insurrection, riot, sabotage, invasion, quarantine, restrictions, provided that the party relying on this Paragraph shall forthwith after any such event give written notice to the other party of its inability to perform such obligation and the reasons therefore. If force majeure continues for a period of more than three (3) months, without the Parties hereto being able to develop an alternative satisfactory arrangement, then either party has the right to immediately terminate the relationship and Sentinel may require payment of the balance.
These Terms apply to Client using Service to the extent that is not covered by the possible Agreement. Sentinel reserves the right to amend and change these Terms at Sentinel's discretion and any amendment or change shall be sent to the Client in writing.
Any disputes with regards to these Terms shall be solved amicably, however these Terms and as well as separate agreements whereby Sentinel provides Services shall be governed by and construed in accordance with the laws of Croatia, with competent court in Zagreb.
Zagreb, April 2024