Terms of service • Alert-Marine

SaaSOvation, a SAS company with a capital of €6,000, headquartered at 14 rue Saint Sauveur, Paris 75002, France, registered under SIRET number 98359357500019, operates a website providing nautical safety information. The site is accessible at ALERT-MARINE.COM. It provides access to various information, services, and products.

Please read these Terms of Use (CGU) carefully, as they contain important information regarding your rights, obligations, and legal remedies. By accessing and using the services of ALERT-MARINE, you agree to be bound by these Terms of Use and to comply with them.

In case of non-compliance with the terms of these CGUs, SaaSOvation reserves the right to take any necessary measures to protect its interests and ensure enforcement. SaaSOvation may, in particular, pursue the user of the site for civil and/or criminal liability.

Any condition to the contrary not accepted by SaaSOvation is unenforceable against it. The fact that SaaSOvation does not invoke one of these general conditions does not constitute a waiver by SaaSOvation to invoke them later.

The latest update of these Terms of Use is dated March 18, 2024.

ARTICLE 1. Definitions

The terms mentioned below have the following meanings in these Terms of Use:

1.1 ALERT-MARINE Refers to the ALERT-MARINE.COM internet platform and its .FR extension, as well as the various services offered.

1.2 User Generally refers to a sailor or any individual or legal entity that uses the services offered by ALERT-MARINE.

1.3 Community Member Any user registered on the platform and up to date with their membership fees.

1.4 Account Refers to the space provided to the registered User on the ALERT-MARINE website, allowing access to profile settings and the services and products subscribed to, after identification by email address and password.

1.5 Content Refers to all information and publications accessible on the ALERT-MARINE website, including its general architecture, texts, images, animated or non-animated infographics, videos, sounds, and hyperlinks, along with its distinctive signs, trademarks, logos, and associated databases and their content, including but not limited to textual or numerical data, graphics, tables, photos, videos, presentations, and hyperlinks.

1.6 Data Refers to all information, documents, texts, software, music, sounds, photographs, graphics, videos, messages, and other elements of all types and forms collected and then transmitted during the User’s use of the Products and Services provided by ALERT-MARINE.

1.7 Nautical Safety Information Refers to any useful information for a sailor to ensure the safety of their boat and crew, whether at sea, in port, or at anchor, and also information useful for assisting a third party. This includes knowing where they can be, where they shouldn’t be, and how they should act at any given moment. A non-exhaustive list is provided in Appendix 1. Safety nautical information is transmitted to the User as soon as possible after it is known.

1.8 Observation Refers to an observation received from a community member, archived, processed, and disseminated by ALERT-MARINE.

1.9 ALERT-MARINE Premium Products – Subscriptions Refers to services and products that allow sailors to access paid services in the form of subscriptions. The price depends on the chosen options and the subscription duration.

1.10 Membership Fee The annual fee paid to be a member of the ALERT-MARINE community, allowing benefits corresponding to the subscribed service level.

ARTICLE 2. General Description of Services

2.1 Services Offered The ALERT-MARINE portal is dedicated to sailors, aiming to collect, disseminate, and present safety nautical information in a summarized manner for easy use by the user. Paid information dissemination options are presented on the ALERT-MARINE portal. ALERT-MARINE reserves the right to modify its service range and prices at any time, with the price offered on the order day being the only applicable one to the buyer.

2.2 Rates The prices listed on the website are in Euros (€), including all taxes (VAT included). SaaSOvation reserves the right to change prices at any time, with the catalog price on the order day being the only one applicable to the buyer.

2.3 General Use of the Application Upon launching the application, the sailor accesses a homepage directing them to:

Portal presentation and objectives
Safety nautical information sources
Subscription options
Cooperative mode reserved for community members
Training and advice
Account management

At any time, the user can access the legal notices, terms of use, and contact form at the bottom of the page.

2.4 User Account Management The sailor accesses their user account on ALERT-MARINE by entering their email address and password. They can then edit their user profile, configure their subscriptions, and enter their payment method.

2.5 Observations A “Observation” button allows community members to send a preformatted message to other members or external stakeholders via the platform. It is accessible once logged into the account. Observations are prioritized and the sender is responsible for their content. The user is prohibited from sending incorrect, false, or defamatory observations. For safety messages, ALERT-MARINE can include the user’s geographical coordinates at the time of the message. ALERT-MARINE does not provide any compensation for observations.

2.6 Contact Form Using the contact form is possible once logged into the account and requires selecting a predefined theme listed in Appendix 3. The operator can write a free text and, if desired, attach files such as photos, videos, sounds, or other documents. Messages sent via the contact form do not have the urgency of Observations in their processing.

2.7 Payment Service Any user using the online payment service on ALERT-MARINE must be at least 18 years old and capable of entering into legally binding contracts. By using the Payment Service, the sailor declares to be 18 or older. If the user of paid services is a minor, they declare and acknowledge that they have obtained authorization from their parental authority holder(s) and that the holder(s) of parental authority have agreed to guarantee the minor’s compliance with these CGUs and, where applicable, the specific conditions related to paid services. Any use of paid services by a minor is under the full responsibility of the parental authority holders. The use of the online payment service requires creating a user account. Any request to close the user account results in the suspension of access to the payment service. The sailor acknowledges that the entire risk arising from their use of payment services remains their responsibility. Any permission given to another person to use their user account in any way makes the sailor responsible for that person’s actions. Neither ALERT-MARINE nor any other party involved in the creation, production, or availability of the payment service shall be liable for any incidental, special, exemplary, or consequential damages arising from the use of the payment service by a third party. The sailor authorizes ALERT-MARINE to debit the payment method indicated herein. The sailor using the ALERT-MARINE solution who provides a payment method authorizes ALERT-MARINE to retain the payment method data (card number and expiration date) for the entire duration of the user account activation to avoid re-entering these data for future reservations. The sailor may request account closure at any time, which automatically results in the deletion of payment method data. The sailor can also oppose data retention by emailing dpo@alert-marine.com. They can delete their bank data at any time in the payment section of their user account. The sailor agrees to update payment method information in case of changes. The sailor is solely responsible for the accuracy and completeness of their payment method information. ALERT-MARINE is not responsible for any loss incurred by the sailor due to incorrect payment method information.

ARTICLE 3. User Acceptance

These General Terms of Use (hereinafter referred to as the CGUs) are expressly agreed upon and accepted by the user, who declares and acknowledges having perfect knowledge of them. In any case, the sailor’s registration on ALERT-MARINE and/or any start of use of the Services offered by these supports subjects the sailor to these CGUs. The sailor is therefore deemed to accept the application of all the rules stipulated herein and those present in any document available on the Website integrated herein by reference, governing their relationship with third parties and ALERT-MARINE. These CGUs are enforceable for the entire duration of the use of ALERT-MARINE until new CGUs replace these. The User also acknowledges having reviewed the legal notices prior to any use of the services offered by ALERT-MARINE.

ARTICLE 4. Modes of Exchange Between Parties

The sailor acknowledges that documents (including all connection data) on ALERT-MARINE will have full probative value between the parties. Electronic documents (including their date and time) will be binding between the parties in any dispute. The parties confer probative value to their electronic exchanges at the addresses provided by each party, as well as to paper exchanges addressed to the postal addresses indicated by each party. Unless otherwise specified, the parties are free to exchange via any of the communication means mentioned above.

ARTICLE 5. Modifications

5.1 Modification of ALERT-MARINE Site Content ALERT-MARINE reserves the right to modify its site content at any time without notice.

5.2 Modifications to the CGUs ALERT-MARINE reserves the right to modify these general terms of use of ALERT-MARINE at its discretion due to technical changes required by these supports or due to the evolution of applicable legislation and the pricing of service providers involved in the service.

ARTICLE 6. Violation of the CGUs

Any violation of these General Terms authorizes ALERT-MARINE to deny future access to ALERT-MARINE and/or ALERT-MARINE Premium to the sailor responsible for the violation and to suspend or close the user account of the sailor responsible for the violation of these General Terms.

ARTICLE 7. User Account – Subscription

7.1 Registration Request To create a user account on ALERT-MARINE, the sailor provides the following information directly on the mobile application or ALERT-MARINE website:

First and Last Name
Email address
Mobile phone number
Password
Nature of nautical activity
Geographical coordinates of a reference point or home port
Preferred communication channel: email or SMS

7.2 User Account

7.2.1 Availability Once registration is completed, the registered sailor can access their user account on ALERT-MARINE by activating the login credentials (username and password). The login data allowing access to the account is communicated by email to the sailor. It is the sailor’s responsibility to verify the validity of the email address provided during registration, as this email is an element of the User account identification. In case of error or omission in the data provided by the sailor to the platform under articles 2.4.1 and 7.1 of these, ALERT-MARINE cannot be held responsible for the consequences. The sailor must change their password upon first login and regularly thereafter, ensuring that the password is composed of letters and numbers of sufficient length. The sailor who wishes to close their account sends a request at any time to the following email address: contact@alert-marine.com. The sailor using the “ALERT-MARINE Premium” solution cannot request account closure during their commitment period.

7.2.2 Responsibility for Login Credentials The sailor is required to maintain the confidentiality of their login credentials as detailed in Article 12 of these terms. The sailor is responsible for all uses of their credentials, whether or not they have actually or expressly authorized them. The sailor is prohibited from transferring, lending, or transferring their login credentials to any third party or allowing any third party to log into their account. The sailor is solely responsible for the accuracy, quality, legality, and reliability of all information and data they communicate to ALERT-MARINE without being able to invoke any inaccuracy of this information and data to escape their commitment.

7.3 ALERT-MARINE Community Membership Fee The sailor who wishes can apply for membership in the ALERT-MARINE community. Once their premium monthly/annual fee is paid, they will have the ability to send and receive observation messages.

7.4 ALERT-MARINE Premium Solution The ALERT-MARINE Premium solution refers to a paid subscription for one month or one year, automatically renewable upon payment of a subscription fee viewable at any time in their ALERT-MARINE account. The parties agree that the sailor can oppose the renewal of their commitment by logging into their ALERT-MARINE account. The options available to the sailor by subscribing to ALERT-MARINE Premium are detailed before subscription.

ARTICLE 8. Obligations of the Parties

8.1 General Obligations of the “Sailor” To allow ALERT-MARINE to provide the best service, the sailor undertakes to:

Use all ALERT-MARINE services available to them in accordance with the rules and guidelines in these CGUs;
Promptly notify ALERT-MARINE of any malfunction of any part of the website and associated dissemination services by the quickest communication means;
Comply with ALERT-MARINE’s reasonable instructions or requests related to the Services;
Inform ALERT-MARINE without delay of any changes to the email address associated with the user account as well as any changes to the payment method;
Use the Services in compliance with public order laws, good morals, and software license terms granted by third parties and ALERT-MARINE;
Refrain from discriminating against or harassing any person based on their ethnic or national origin, religion, gender, sexual identity, physical or mental disability, health status, marital status, age, or sexual orientation, or engaging in any violent, dangerous, abusive, or disruptive behavior when using ALERT-MARINE;
Refrain from reproducing, storing, accessing, or using any information, including personal information about any other user of ALERT-MARINE or infringing on the privacy rights of users or third parties;
Refrain from using ALERT-MARINE to disseminate commercial messages.

8.2 Obligations Related to Observations When sending an Observation, any fraudulent, false, misleading (directly or by omission or failure to update information), defamatory, obscene, pornographic, vulgar, or offensive comments inciting discrimination, fanaticism, racism, intolerance, hatred, harassment, causing harm to an individual or group, promoting violence or threatening acts against any person or animal, encouraging illegal or dangerous activities or substances, or generally violating these terms can be moderated by ALERT-MARINE and subject to civil and criminal prosecution.

8.3 General Obligations of ALERT-MARINE To provide quality service to sailors, ALERT-MARINE undertakes to:

Update requests for information attached to the sailor’s user account;
Implement all technical means to simplify and improve the use of the platform by the sailor;
Promptly remedy any malfunctions on ALERT-MARINE.

ARTICLE 9. Personal Data

Creating a User Account involves collecting a certain amount of personal data from sailors. These data can be used by ALERT-MARINE to: (i) send newsletters to Users; (ii) process all or part of the offered service (including order tracking). The collection of these personal data can be done by using “cookies” files recorded by the ALERT-MARINE server on the Visitor’s hard drive to facilitate navigation or establish general statistical data on Site traffic. Although they do not allow direct identification of the internet user, they are assimilated by the CNIL to personal data. The sailor is deemed to accept the use of their email address for prospecting purposes. However, the sailor can decide at any time and without cost to oppose this use by emailing dpo@alert-marine.com. Every ALERT-MARINE site visitor can refuse the possible recording of these cookies by selecting this option in their browser toolbar. They are invited to do so if they wish. In this case, the navigation comfort, web page loading, and the implementation of certain applications may be affected. Every sailor has the right to access, modify, correct, and delete their data. These rights can be exercised, if necessary, with ALERT-MARINE by post to SaaSOvation, 14 rue Saint Sauveur, 75002 PARIS, or by email to dpo@alert-marine.com

ARTICLE 10. Acceptable Use Rules

Under Article 6-I of the French Law for Trust in the Digital Economy (LCEN), ALERT-MARINE must strictly comply with host constraints and has implemented a procedure for notifying the presence of illicit content on its Website in accordance with Articles 6-I-5° and 6-I-7 of the LCEN. Besides the legal obligations mentioned above, ALERT-MARINE does not actively monitor, censor, or directly control the Data generated, stored, transmitted, or used in connection with its services, including content displayed on websites and documents sent by email. It is the sole responsibility of the User to comply with the applicable Regulations. Under no circumstances is the User authorized to Transmit or use ALERT-MARINE in any of the following cases or purposes:

Illegal transmission (including violation of laws, statutes, regulations, standards, or codes of conduct in force), dangerous, threatening, annoying, abusive, harassing, harmful, defamatory, vulgar, obscene, indecent, disrespectful of privacy, hateful, provocative, racist, or otherwise unethical;
Transmission of Data that the User is not authorized to transmit by law or contract;
Violation of intellectual property or other rights of third parties;
Transmission of viruses, “trojans,” “worms,” “time bombs,” or any other computer code, files, or programs designed to interrupt, damage, destroy, or reduce the functionality of any software, hardware, or Data;
Transmission of unsolicited emails, chains, pyramids, or other illegal systems or any form of inappropriate solicitation or the collection of responses to such practices or solicitations;
Counterfeiting headers, manipulating identifiers, or any other mechanism intended to hide the origin of Data;
Providing false or misleading information;
Cyber-attacks, including but not limited to email bombing, information bombing, provocation (posting offensive messages intended to generate numerous responses), other worming techniques, deliberate attempts to overload a system, broadcast attacks, and any activity designed to cause the crash of a computer system;
Attempting or achieving unauthorized access to a third-party computer’s Data or interfering with and damaging it, including any attempt to violate authentication or security measures or probe, study, or test the vulnerability of a computer system;
Unauthorized monitoring or interception of Data;
Potential or actual interference with ALERT-MARINE’s computers or services provided to other Users, including excessive use of our server resources or other services;
Violation of acceptable use rules or similar rules of other internet service providers or connected networks (for example, sending unsolicited commercial emails through ALERT-MARINE Services to subscribers of any internet service provider prohibiting unsolicited commercial emails);
Harm to ALERT-MARINE’s commercial reputation.

Any behavior contrary to the provisions of this article observed by an ALERT-MARINE user must be reported to contact@alert-marine.com and, once verified by ALERT-MARINE, may result in the termination of this Agreement for fault after notification. In any case, ALERT-MARINE reserves the right to block any content that could be illegal or infringe the terms and conditions stated herein.

ARTICLE 11. Intellectual Property

11.1 Respect for Intellectual Property Rights The entire ALERT-MARINE site, its structure, presentations, and content constitute a work protected by French and international copyright and intellectual property laws. ALERT-MARINE retains ownership of all intellectual property rights used to operate its services. ALERT-MARINE is the owner, assignee, or holder of the rights to all elements composing this site, including texts, data, drawings, graphics, photos, animations, sounds, computer codes, arrangements, assemblies of any or all elements of this site, including downloadable documents. All rights, including exploitation rights, reproduction rights, and extraction on any medium of any or all data, files, and elements on this website, as well as rights of representation and reproduction on any medium of any or all of the site itself, modification, adaptation, or translation rights, are reserved exclusively to ALERT-MARINE and its possible assigns, subject to pre-existing third-party rights that have authorized ALERT-MARINE to reproduce digitally and/or integrate their works of any nature into this site. Any reproduction, representation, dissemination, or redistribution of any element of this site by any means without the express and prior authorization of ALERT-MARINE is prohibited and constitutes infringement sanctioned by the Intellectual Property Code. Any reproduction, representation, use, or adaptation of any or all these elements without the prior written consent of ALERT-MARINE is strictly prohibited and constitutes infringements sanctioned by the Intellectual Property Code. The fact that ALERT-MARINE does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.

11.2 Respect for Copyright © – Links (owned by ALERT-MARINE or its Partners) ALERT-MARINE respects copyright and neighboring rights, hereinafter referred to as “copyright.” All copyright on protected works reproduced and communicated on this Site is reserved worldwide. Unless authorized, any use of the works other than individual and private reproduction and consultation is prohibited.

11.3 Reproduction on Paper The reproduction (printing) of ALERT-MARINE pages on paper is authorized for strictly private and non-commercial use.

11.4 Reproduction on Electronic Media Reproduction of any or all of ALERT-MARINE on electronic media is prohibited.

11.5 Links
11.5.1 Creating Links to https://alert-marine.com ALERT-MARINE authorizes the establishment of a hyperlink pointing to its content provided:

Not to use the deep linking technique, i.e., ALERT-MARINE pages should not be embedded within another site’s pages but accessible by opening a window;
Mention the source that will point directly to the targeted content via a hyperlink;
The information used must be for personal, associative, or professional purposes;
Any use for commercial or advertising purposes is excluded unless expressly agreed upon by ALERT-MARINE;
These authorizations do not apply to websites disseminating controversial, pornographic information inciting racial hatred or any form of discrimination, or potentially offending the sensitivity of the widest audience;

For other uses, please consult ALERT-MARINE.

11.5.2 Links on https://alert-marine.com pointing to other sites This website may contain links to third-party websites not controlled by ALERT-MARINE. ALERT-MARINE is not responsible for the content of other websites that the User may access from the Site. When the User accesses another website than ALERT-MARINE, they do so at their own risk, and ALERT-MARINE is not responsible for the accuracy or reliability of information, opinions, advice, or statements presented on that site, nor for the quality of products or services offered there. ALERT-MARINE provides these links for convenience only, and the existence of these links does not imply in any way that ALERT-MARINE bears or accepts responsibility for the content or uses of these websites. The links are partly created automatically and cannot all be checked by ALERT-MARINE staff. However, if a link to an external page containing illicit content is found on the site’s pages, ALERT-MARINE will delete the link to this page as soon as possible after being duly informed of the said content.

11.6 Limitations All trademarks and other intellectual property rights on any content (including information, texts, images, copyrights, designs, and models) and on the Site’s structure belong to ALERT-MARINE or have been licensed by their owner to ALERT-MARINE. No use of this content and related intellectual property rights is authorized without prior written consent from ALERT-MARINE. All these rights are expressly reserved. The User undertakes to respect ALERT-MARINE’s intellectual property rights on each ALERT-MARINE Service and ensure these rights’ respect by third parties. To do so, the User undertakes notably:

Not to practice reverse engineering, decompile, or disassemble the software(s) and solution(s), except as expressly permitted by applicable law;
Not to modify, alter, adapt, or make any changes of any kind to the presentation and content of the software(s) and solution(s);
Not to modify, delete, or alter in any way and for any reason ALERT-MARINE’s distinctive signs such as trademark, trade name, logos, etc., affixed to ALERT-MARINE or its presentation, and not to remove the identification and solution references from ALERT-MARINE;
Not to delete or alter the contributors’ names as they may appear on the presentations or in the software(s) and solution(s);
Not to rent, lend, use the software(s) and solution(s) to share or make them available to third parties who are not Users within the framework of time-sharing or custom processing centers;
Not to use or copy the software(s) and solution(s) in any other way not expressly authorized herein.

The User undertakes to inform ALERT-MARINE without delay of any infringement of ALERT-MARINE’s intellectual property rights they may possibly observe. The User acknowledges and accepts that access to the Site and the software(s) and solution(s) made available to them by ALERT-MARINE does not entail any assignment or concession of intellectual property rights (trademarks or copyrights in particular) and other rights to the User’s benefit. It is strictly forbidden to reproduce, distribute, transmit, publish, permit access by a link or hyperlink, or modify, adapt, or correct the Site in any way without ALERT-MARINE’s express written authorization. Any violation of this clause may lead to infringement of copyright, trademark, or other intellectual property rights that may expose the User to civil and/or criminal penalties.

ARTICLE 12. Security – Confidentiality

The User undertakes to:

Keep usernames, identifiers, passwords, and security declarations secure (ALERT-MARINE may modify these data at any time if deemed necessary for security preservation). All fraudulent uses of these accesses are the Client’s sole responsibility;
Take all appropriate measures to minimize any risk of security breaches related to the Services;
Inform ALERT-MARINE as soon as they become aware of any security breach;
Comply with ALERT-MARINE’s identification controls and, if requested by ALERT-MARINE, use passwords when giving instructions.

The User expressly authorizes ALERT-MARINE to access, copy, preserve, reveal, remove, suspend, or delete data in case of Exceptional Circumstances related to these data.

ARTICLE 13. Liability Limitations

The ALERT-MARINE site is in principle accessible 24/7, except for scheduled or unscheduled interruptions for maintenance or force majeure. Being subject to a means obligation, ALERT-MARINE cannot be held responsible for any damage of any nature resulting from the unavailability of its site or one or more Services, especially due to network, system, and/or communication failures or paralysis, as well as maintenance and correction interventions necessary for the site’s update and proper functioning, or due to the presence of viruses. The user undertakes not to obstruct access to the site and/or its proper functioning in any way that may damage, intercept, or interfere with any part of the site. ALERT-MARINE cannot be held responsible for any direct or indirect damage due to interruption, malfunction, suspension, or cessation of the site and/or services for any reason or for any direct or indirect damage resulting in any way from access to the site and/or services. The ALERT-MARINE site user acknowledges having the competence and necessary means to access and use the site and, in case of site or communication means failures, knows the safety nautical information sources needed.

ARTICLE 14. Dispute and Jurisdiction

14.1 Dispute Between a Sailor and ALERT-MARINE

14.1.1 Applicable Law The contract is subject to French law.

14.1.2 Language This contract may be available in different languages, but only the French version will be retained in the event of a dispute.

14.1.3 Amicable Resolution and Consumer Mediator In case of a dispute between ALERT-MARINE and a consumer sailor who has not obtained satisfaction or response within two months, they have the right to free mediation, except for any legal representation or expert opinion costs, for amicable dispute resolution. The mediator can be directly accessed online at: www.mediation-net-consommation.com or at: MEDIATION-NET Consommation, 34 rue des Épinettes, 75017 PARIS. Recourse to the consumer mediator must be preceded by an attempt to amicably resolve the dispute with ALERT-MARINE via a written complaint addressed to the platform’s customer service at: contact@alert-marine.com. The consumer must submit their request to the mediator within one year of their written declaration to the professional. The consumer sailor can access the European Commission’s online dispute resolution platform for free here: http://ec.europa.eu/consumers/odr.

14.1.4 Competent Jurisdictions The court competent to handle disputes between ALERT-MARINE and a non-consumer sailor is the commercial court of ALERT-MARINE’s registered office location on the day of the summons. In case of a dispute between ALERT-MARINE and a consumer sailor, they can refer to either one of the territorially competent courts under the French Civil Procedure Code or the court of the place where they resided at the time of contract conclusion or the occurrence of the harmful event. If the contract is concluded between ALERT-MARINE and a consumer sailor who does not reside in French territory but in one of the EU Member States, the action brought by the consumer sailor against ALERT-MARINE can be brought either before the courts of the Member State where ALERT-MARINE is domiciled or before the court of the place where the sailor is domiciled. The action brought against the consumer sailor who does not reside in French territory but in one of the EU Member States can only be brought before the courts of the Member State where the sailor is domiciled.

TERMS OF USE ALERT-MARINE