Background

 

Aquaticode Ltd (“Aquaticode”, “us”, “our”, or “we””) developed a machine for Smolt Sorting using an AI platform (the “Services”). Aquaticode’s Website [Aquaticode.com] provides information about us and our Services (the “Site”).

 

Your Acceptance of These Terms

 

These Terms and Conditions (the “Terms”) govern any and all use of the Site. These Terms, including the Aquaticode Privacy Policy [Aquaticode.com/privacy], incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern only your use of the Site. These Terms do not apply to other products or services we may offer, including the Services (as defined in Clause 1). These Terms constitute a legal agreement between you and Aquaticode. By using the Site, you agree to these Terms. If you do not agree to these Terms, please do not use the Site.

 

All references to “you” or “your,” as applicable, mean the person who accesses or uses the Site in any manner, and each of your heirs, assigns, and successors. If you use the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

 

Eligibility

 

Access to and use of the Site is available only to individuals who are at least 18 years old and can form legally-binding contracts under applicable law. By accessing or using the Site, you represent and warrant that you are eligible.

 

Ownership of the Site and Its Content

 

The Site, including any content that forms part of the Site, contains data, images, proprietary content, information and other material (the “Content”) that is protected by applicable intellectual property and other laws, including copyright. The Content and its related intellectual property rights are the sole and exclusive property of Aquaticode.

 

The Content cannot be used for any purpose, save for your right to access the Site in accordance with these Terms. Without prejudice to the generality of the foregoing, no content, documentation, or other outputs embedded in, or derived from, the Site, or any portion thereof, may be copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted, in any form or by any means, or otherwise used for any purpose whatsoever, without our express prior written permission. All rights not expressly granted by Aquaticode in these Terms are expressly reserved.

 

Your Obligations

 

To the extent that you provide personal information to Aquaticode, you agree that it will be true, accurate, current, and complete and that you will update all personal information as necessary. Please see Aquaticode’s Privacy Policy [Aquaticode.com/privacy] for more information regarding the information Aquaticode collects, and how we use and share that information.

 

While using the Site you agree to comply with all applicable laws, rules, and regulations. You further agree that you will not:

• Upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
• Modify, tamper or change any information without authorization, or interfere with the availability of or access to the Site.
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
• Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials.
• Alter, modify, create derivative works of, sell, license or in any way exploit any part of the Site unless expressly permitted by Aquaticode.
• Copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, use, display, mirror, frame or utilize framing techniques to enclose the Site, or any portion thereof, unless and solely to the extent Aquaticode makes available the means for embedding any part of the Site.
• Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data.
• Bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine content from the Site, or otherwise access or use the Site in a manner inconsistent with individual human use.
• Access, tamper with, or use non-public areas of the Site, Aquaticode’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Aquaticode’s providers.
• Attempt to indirectly undertake any of the above.

 

We reserve all rights and remedies available to us.

 

Communications

 

Aquaticode may send you emails concerning our Site, products, and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

 

Feedback

 

Feedback, comments, questions, or suggestions (“Feedback”) provided regarding the Site is entirely voluntary and we are free to use such Feedback without any obligation to you.

 

By sending us any Feedback, you further

• agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback;
• acknowledge that we may have something similar to the Feedback already under consideration or in development;
• grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and
• irrevocably waive, and cause to be waived, against us and our users any claims and assertions of any moral rights contained in such Feedback. The provisions regarding Feedback shall survive termination of the Terms or the Site.

 

Disclaimers

 

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AQUATICODE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AQUATICODE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

 

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

 

Limitation of Liability

 

YOUR USE OF THE SITE IS FOR INFORMATION PURPOSES ONLY. YOUR USE OF THE SITE IS AT YOUR OWN RISK. AQUATICODE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT AVAILABLE ON THE SITE OR FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THIS SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL AQUATICODE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF AQUATICODE AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

 

Third-Party Links and Services

 

The Site may provide information and content provided by third parties and links to third-party websites or resources. We are not responsible for such external sites or resources, and do not control, endorse, or sponsor and are not responsible or liable for:

• content, advertising, products, or other materials on or available from such Sites or resources;
• errors or omissions in these websites or resources; or
• information handling practices or other business practices of the operators of such Sites or resources.

 

You further acknowledge and agree that Aquaticode shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked websites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

 

Modification and Discontinuation of the Site

 

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party in such event.

 

Miscellaneous

 

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.

 

Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or right. All waivers must be in writing. Unless the waiver contains an express statement to the contrary, no waiver by Aquaticode of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right herein.

 

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

 

These Terms (together with our Privacy Policy and any other legal documents, policies, terms, or agreements governing the Site) comprise the entire agreement between you and Aquaticode with regard to the Site and supersede all prior or contemporaneous negotiations, discussions or agreements (if any), whether written or oral, between the parties regarding the subject matter contained in these Terms.

 

No joint venture, partnership, employment, or agency relationship exists between you, Aquaticode, or any third-party provider as a result of the Terms or use of the Site.

 

Governing Law

 

This Agreement shall be governed by and construed according to the laws of Malta, and the competent courts of Malta, shall have exclusive jurisdiction over any dispute under this Agreement.

 

Indemnity

 

You are responsible for your use of the Site, and you agree to defend (at Aquaticode’s option), indemnify, and hold harmless Aquaticode and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

• your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
• your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
• any dispute or issue between you and any third party.

 

Aquaticode reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Aquaticode may at any time thereafter elect to take over control of the defense or settlement of the claim. You must not settle any claim without Aquaticode’s prior written consent.

 

Modification of these Terms

 

We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Site, except as set forth below. Your use of the Site following any such change constitutes your agreement to be bound by the modified Terms.

 

Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.