SHIP PI Terms of Use

1. Introduction

These Terms of Use govern the provision of the Software as a Service application BIMCO SHIP PI (formerly known as BIMCO SHIPPING-KPI and hereinafter referred to as “SHIP PI”) by BIMCO Informatique A/S (hereinafter referred to as "BIAS") to the customer (hereinafter referred to as the "Customer"). SHIP PI is powered by the Shipping KPI Standard (“the Standard”). By using SHIP PI, the Customer agrees to be bound by these Terms of Use.

2. Authorisation

BIAS grants the Customer a non-exclusive, non-transferable right to use SHIP PI. The Customer shall not sub-license, sell, lease, or otherwise transfer its rights to use SHIP PI to any third party without the express written permission of BIAS.

3. Agreements and Policies

By agreeing to these Terms of Use, the Customer also agrees to the   SHIP PI Data Processing Agreement , the BIMCO Privacy Policy and Cookie Declaration. 

Under the SHIP PI Data Processing Agreement, the Customer is “The Controller”, exercising control of the data inputted into SHIP PI and BIAS is “The Processor”, processing data under instructions defined in the Data Processing Agreement. 

4. Customer Data

The Customer shall be solely responsible for the data that the Customer inputs into SHIP PI. BIAS shall have no liability for any loss or damage resulting from the Customer's use of SHIP PI or for any errors or omissions in the data input by the Customer.

5. Comparative Data

SHIP PI enables the Customer to monitor and benchmark their performance over time. Benchmarking is done by using the report generator in SHIP PI. The data you can compare with includes data entered by other customers that is anonymised and retained for use in your benchmarking reports (“Comparative Data”). Therefore, data you input into SHIP PI will be anonymised and retained to become part of Comparative Data for other customers.

6. Force Majeure

BIAS shall not be liable for any delay or failure to perform its obligations under these Terms of Use if such delay or failure is due to events beyond its reasonable control.

7. Copyright

SHIP PI and all related materials, including but not limited to software, the Standard, documentation and user interfaces are protected by copyright and other intellectual property laws. 

The Customer is allowed to share and store the pdf files generated as output from SHIP PI among relevant parties. The Customer is not allowed to copy, modify or reverse-engineer any parts of SHIP PI or any related materials, including the Standard, without the prior written consent of BIAS.

8. Access, Expiration and Termination

The Customer will be charged for the use of SHIP PI in accordance with the pricelist published on the BIMCO website. Where a data reporting discount or free plan is included with the pricelist, eligibility or access is conditional on the customer continuing to input specified levels of customer data to the system. If these are not met, BIMCO reserves the right to revoke a discount or access to a free plan. Subscriptions to SHIP PI automatically expire one year from the date of commencement, unless renewed. One year after expiration, the Customer’s SHIP PI account will be permanently closed and data handled in accordance with the agreements and policies referred to in above 3. Agreements and Policies.

If the Customer chooses to end their access to SHIP PI before the expiry date, the Customer shall not be entitled to a refund of any prepaid fees.

If the Customer breaches any of its obligations under these Terms of Use BIAS may remove the Customer's access to SHIP PI with immediate effect.

BIAS may modify these SHIP PI Terms of Use at any time but must provide Customers with at least thirty days’ notice of any modifications. 

9. Support

BIAS will provide support services to the Customer for SHIP PI during the term of the subscription. Support services will be provided via email and online when support staff are available. 

10. Liability

In no event will BIAS be liable to the Customer for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of SHIP PI, whether or not BIAS has been advised of the possibility of such damages. BIAS's liability to the Customer for any claim relating to SHIP PI will be limited to the amount paid by the Customer for the subscription to SHIP PI during the 12-month period immediately preceding the date of the claim.

11. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Denmark. Any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Danish courts.