mKart Terms of Use
Last updated: November 02, 2020
The User who uses the GEOPHONE https://mkart.fi/, https://mkartapp.com/,
https://mkartweb.com/ websites and the app for mobile “mKart” devices (“User”) declares and
accepts that he/she is bound by the terms of use set forth in this Agreement (“Agreement”).
Absent any such acceptance, the Agreement may not be deemed finalized and, consequently,
the User shall not be authorized to use the Basis.
WARNING: mKart ELECTRONIC CHARTS, BASED ON OFFICIAL DATA AS WELL AS ON OTHER
SOURCES, PROVIDE ASSISTANCE FOR NAVIGATION AND ARE DESIGNED TO FACILITATE THE USE
OF AUTHORIZED GOVERNMENT ELECTRONIC AND PAPER NAUTICAL CHARTS, NOT TO REPLACE
THEM. ONLY OFFICIAL GOVERNMENT CHARTS AND NOTICES TO MARINERS CONTAIN ALL
INFORMATION NECESSARY FOR SAFETY OF NAVIGATION AND, AS ALWAYS, THE CAPTAIN IS
RESPONSIBLE FOR PROPER USE OF SAME.
WARNING: NO NATIONAL HYDROGRAPHICAL OFFICE HAS VERIFIED THE INFORMATION IN THIS
PRODUCT AND NONE ACCEPT LIABILITY FOR THE ACCURACY OF REPRODUCTION OR ANY
MODIFICATIONS MADE THEREAFTER. NO NATIONAL HYDROGRAPHIC OFFICE WARRANTS THAT
THIS PRODUCT SATISFIES NATIONAL OR INTERNATIONAL REGULATIONS REGARDING THE USE OF
APPROPRIATE PRODUCTS FOR NAVIGATION.
1. GEOPHONE Services
1.1 https://mkart.fi/, https://mkartapp.com/, https://mkartweb.com/ (“Sites”) and the mKart
apps (“APP”) are a Basis devised and managed by GEOPHONE GROUP INTERNATIONAL Oy
having a sole holder (“GEOPHONE”) which allows Users to visualize nautical charts supported
by a variety of information, to create and calculate routes, in accordance with data provided by
and uploaded by mKart and its Users, directly on the Site and via the App (“Basis”). The use of
the Basis, the Services is governed by this Agreement in addition to all the documents and
policies published on the Basis.
1.2 By accepting this Agreement, the User acquires the right to use the nautical cartographic
services freely available on the Site (“Services”), by way of example:
(i) viewing nautical charts;
(ii) calculating routes and itineraries using and viewing data and information (by way of
example, port authorities, marinas, mooring, fuel distributors, restaurants and bars, shops,
tides and currents, 3D charts, weather and weather forecast, etc.) made available by
GEOPHONE.
1.3 In order to use some of services it will be necessary to make periodic payments
(“Services”) or purchase a subscription having a duration of one year (“Subscription”). The User
may purchase nautical charts https://mkartapp.com/terms-of-sales or may download the
app for mobile devices using the free trial period in order to assess whether they wish to
proceed to purchase a subscription. The Services which the User may use may include:
(i) viewing nautical charts on the User’s mobile devices;
(ii) calculating, saving and modifying specific routes and itineraries on the User’s mobile
devices;
(iii) use of the bathymetric function (high-resolution bathymetric chart), if the User has a GPS
plotter connected via NMEA, via Wi-Fi through compatible routers or by means of a mobile
echo sounder;
(iv) viewing, sharing, modifying and attributing votes to the USER Edits, in other words
content, comments and information shared by the Users and updated on a daily basis (by way
of example, seasonal buoys, lighthouses, rocks, mooring, ramps, other marine information and
points of interest on land such as restaurants and specialized shops) (“Content”), on the User’s
mobile devices.
2. The User’s Account
2.1 Users must create a personal, unique Account to which a unique Username and password
will be associated (“Account Credentials”).
2.2 The User is required to adopt whatever measures are necessary to ensure that the
Account Credentials are subject to the utmost confidentiality and the User accepts liability for
any loss or damage to GEOPHONE and/or to third parties as a result of failure to comply with
the aforementioned confidentiality obligation. The User undertakes not to disclose the Account
Credentials and the information accessible through same and undertakes not to allow access to
the Basis or to the Services to others through the use of his or her Account Credentials or in any
manner through his or her Account.
2.3 The User is required to provide GEOPHONE with real, accurate information when creating
the Account (and whenever they update their data) and, in order to guarantee Account
security, undertakes:
(i) not to provide false information;
(ii) not to create false or duplicate Accounts;
(iii) to update their personal information whenever requested in order to comply with the
provisions of this Agreement;
(iv) not to share or transfer the Account Credentials;
(v) not to adopt as the Username or ID for his or her Account any names which breach the
law or third-party rights (in such eventuality GEOPHONE shall be entitled to suspend the
registration or the Account until such time as the critical aspect arising with regard to the
aforementioned name is resolved).
3 The User’s duties
3.1 The User acknowledges that his or her use of the Services in accordance with the
agreement is essential for the correct operating of the Basis and for usability of the Services by
the other Users. Specifically, when creating, modifying, managing and voting on Content, the
user must comply with the provisions of this Agreement and applicable legal provisions, abiding
by principles of good faith, truthfulness and fairness in dealings with the other Users.
3.2 The User undertakes to use the Basis solely in accordance with this Agreement and solely
for purposes of using the Services. Specifically, the User undertakes not to:
(i) transfer or resell the Services or his or her right to use the Basis to others;
(ii) tamper with or operate on the Basis hardware without GEOPHONES’ intervention and
authorization;
(iii) use the Site, the App, the Services should the Account have been temporarily or
permanently suspended;
(iv) use the Basis to create or incorporate other datasets correlated to the nautical maps to
be used for a service which is similar or identical to the Services;
(v) provide GEOPHONE with data which is false, inexact, misleading or which gives rise to
adverse consequences for third parties, particularly when the User registers to create the
Account;
(vi) transfer the Account or communicate the Username or password to third parties without
GEOPHONES’ prior written consent:
(vii) spread viruses, malware or any other Basis designed to harm the Basis, the Site, the
User’s devices, to breach GEOPHONES’ rights or the rights of other Users or in any way to
hinder or disturb use of the Services by other Users;
(viii) disseminate the Content of the Basis, Services or proprietary information belonging to
GEOPHONE and/or others;
(ix) use any mechanism, software or procedure which may interfere with the proper
operations of the Basis;
(x) circumvent instruments prepared by GEOPHONE to ensure the security of the Basis and
prevent intrusions or access by unsolicited automated users (by way of example, robots, spam,
spiders);
(xi) upload to the Basis or in any way communicate or send through the Basis to other Users
content (text or graphic content or any other type) which is offensive, vulgar, violent, false,
harmful to GEOPHONES’ image or contrary to law;
(xii) copy, download, duplicate, distribute, disseminate or in any way use – including partially
– images, distinctive marks, text and content belonging to GEOPHONE or in any way found on
the Basis;
(xiii) export any information outside the Basis, aside from those cases expressly governed by
this Agreement.
3.3 Should GEOPHONE have reason to believe, at its own final discretion, that the User has
engaged in actions which may give rise to technical problems or legal liability or which run
counter to the provisions of the Agreement, GEOPHONE may, by way of example, limit,
suspend or interrupt usability of the Services and the Account, prohibiting access to the app
and GEOPHONE may adopt technical (including the removal of unlawful content) and legal
measures in order to prevent the User from using the Services.
3.4 In order to allow GEOPHONE to maintain the Basis at secure, optimum operational levels,
the User undertakes to do everything possible to report any technical problems coming to his
or her attention and relating to the Basis to GEOPHONE, without prejudice to the User’s rights
and protection with regard to personal data.
3-5 By accepting this Agreement, the User undertakes to indemnify GEOPHONE and to hold it
harmless in addition to its directors, employees, senior executives, agents and any subsidiary,
parent company and/or any of GEOPHONES’ associate companies from and against any harm
arising from breach by the User of the terms of use of this Agreement, legal obligations or thirdparty rights.
4. Use of the Services
4.1 GEOPHONE undertakes to ensure that the Basis remains active and to render it accessible
through the Site and the App, providing technical assistance in order to resolve problems
relating to use of the Account due to Basis problems attributable to GEOPHONE, through the
email Account privacy@mkart.fi. Given the characteristics of the Services, the User
acknowledges that GEOPHONE will not be accountable for problems in accessing the Basis and
App due to causes which are not directly connected to GEOPHONES’ activities or for which it is
responsible and, specifically:
(i) problems relating to connectivity and continuity of Internet traffic available to the User;
(ii) problems relating to the User’s IT systems;
(iii) problems relating to the terminals used by the User, including malfunctioning of devices
used by the User and including cases in which these devices (such as smart phones, tablets,
computers) are not compatible or fast enough to allow use of the Services;
(iv) interruption of access to the User’s Internet network;
(v) non-compatibility between the User’s mobile device browser and the Basis;
(vi) any other event which may compromise the User’s access to the Services or the Basis (and
in any case use of same) which is not caused by GEOPHONE.
4.2 Through use of the Services, the User may encounter differences between the real
conditions and those indicated in the nautical maps and any other data which is accessible
through the Basis. The User acknowledges and undertakes to exercise their own judgement
irrespective of use of the Basis and its functions, according to the User’s own responsibility and
at the User’s own risk and peril. The User is liable for his or her conduct and for the
consequences of same.
4.3 When Service requires or includes downloadable software, or otherwise when the User
downloads the App, this software may be automatically updated on the User’s device should a
new version or function be available, or this software may require that the User actively
updates it. The User undertakes to ensure that the software always remains updated in order
to obtain the best possible performance from the Services.
4.4 The Basis may include links to third-party websites which are not controlled or managed
directly by GEOPHONE (by way of example, websites belonging to commercial businesses
reported by Users through publishing Content). GEOPHONE is not liable for the information
and, in general, for the User’s browsing on these websites operated by third parties.
4.5 Some of the Services are available on mobile devices. The User undertakes to pay the
utmost attention in order to ensure safe use and in compliance with applicable laws, with
particular regard to the maritime code and laws put in place to protect one’s own safety and
the safety of others, and the User acknowledges that neither the Services replace authorized
government maps which, together with warnings to navigators, contain all information
necessary for safe navigation. Any log generated or viewed on the Basis is to be considered
solely as a suggestion for planning navigation and must not be used for direct navigation.
5. Publishing Content and moderation
5.1 Through sending information to GEOPHONE or publishing Content on the Basis, the User
grants to GEOPHONE the non-exclusive, unlimited, transferable, sub-licensable and irrevocable
right to use the Content and to reproduce, modify, adapt, translate, distribute, publish and
create derived works, make publicly visible the Content throughout the world using any means
and for any purpose and to use the Username or the name specified in relation to the Content.
5.2 The User has sole liability for the Content published or sent to GEOPHONE or published on
the Basis and undertakes not to publish, upload or otherwise make public through the Basis
content which:
(i) is false, illegal, misleading, defamatory, slanderous, intimidating, offensive or in any otherway contrary to law and public morality.(ii) offends Users, GEOPHONE or the online community;(iii) may constitute, encourage, promote or incite unlawful conduct;
(iv) may breach patents, trademarks, trade secrets, copyright or any other intellectual or
industrial property rights belonging to any party;
(v) constitutes promotions or trade communications;
(vi) at the sole discretion of GEOPHONE, is in any other manner questionable or unconnected
to the subject matter of the interactive areas in which the Content is published.
5.3 The User states that he or she has no objection as to publication, use, including for
financial gain, modification and deletion of the Content by GEOPHONE or its successors and
assignees and the User states that he or she permanently waives all complaints or claims in
respect of the Content.
6. Industrial and intellectual property
6.1 The User acknowledges that:
(i) the industrial property rights to the trademarks viewable on the Basis – specifically the
trademark “mKart” and to the domain names are the exclusive property of GEOPHONE;
(ii) GEOPHONE has exclusive title to the intellectual and industrial property rights in respect
of the Basis, the software and the databases connected to the Basis, the App, the Site, the text,
artwork, layout and the look and feel of the Basis, the App and the Site;
(iii) GEOPHONE has exclusive title to the GEOPHONE project, the related know-how and all
technical and trade information relating to this project;
and the User undertakes not to infringe or disrupt these rights.
6.2 The User states that he or she is the holder of the rights to financial gain allowing him or
her to lawfully publish Content on the Basis and the User undertakes not to publish content on
the Basis of any type use of which on the Basis might constitute an infringement of third
parties’ intellectual or industrial property rights. For information on how to acquire
authorization to use the Content of the Basis, you can send an email to webmaster@mkart.fi.
6.3 In cases where it is possible for the User to download GEOPHONES’ Content or software
from the Site or from the App store managed by third parties, this software – inclusive of files,
incorporated or generated images, data and any other element – shall be licensed to the User
in accordance with the licensing agreement with the end-user (“EULA”) which can be viewed at
the address https://mkartapp.com/eula.
6.4 All the contents of the Site, inclusive of texts, artwork, images, audio material, video and
all else, together with domains, taglines, organization and user look and feel interface are
protected by laws governing intellectual and industrial property rights and are the sole
property of GEOPHONE or third parties who have licensed them to GEOPHONE. Should the Site
allow the downloading of specific contents, it is possible to download a copy of same to just
one computer for exclusively personal domestic and not commercial use, subject to the
condition that the user (a) does not remove or alter ownership or copyright notices in the
downloaded content, (b) does not sell or modify this content, does not reproduce, view,
publicly use, distribute or utilize same in any other manner for public or commercial purposes
without our prior written authorization, (c) does not use what he or she downloads in such a
manner as to suggest any association with our products, services or trademarks. Without our
prior written authorization it is prohibited to copy (being known as “mirror”) any Site contents
to any other server. The use of the Site contents on other websites or on networked computers
for any purpose is prohibited without our express written authorization.
6.5 The trademarks, logos and service marks (“Marks”) viewed on the Site are our property or
are third-party property. It is prohibited to use these Marks without our express written
authorization or the express written authorization of any third parties affected. For information
on how you can acquire authorization to use the Content on your website, send an email
to webmaster@mkart.fi.
6.6 We respect the intellectual property rights of others and expect the Users of our products
and Services to do the same. It is our policy to remove content submitted by any User of
GEOPHONES’ products on this Site (“User Layers” or “UL”), content that is infringing the
intellectual property of our products. In our discretion we may also terminate the Account of
any User who repeatedly submits infringing UL.
Procedure for Making Copyright Infringement Claims. If you believe that your copyrighted work
has been copied in a way that constitutes copyright infringement under Finnish law and has
been incorporated into any of our products or Sites through UL, you may notify GEOPHONE by
e-mail copyright@mkart.fi. To be valid your notice must be in writing and contain the following:
• A manual or electronic signature of the copyright owner or a person authorized to act on
the owner’s behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is alleged to be infringing and information reasonably
sufficient to enable us to locate the material;
• The contact information of the complaining party (including address, telephone number,
e-mail address);
• A statement that the complaining party believes in good faith that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that (a) the provided information in the notice is accurate and (b) under
penalty of perjury, the person filing the notice is the copyright owner or is authorized to act on
the owner’s behalf.
Please note that the information provided in your notice may be forwarded to the person who
provided the allegedly infringing content.
7. Term – Withdrawal by User – Termination of the Agreement and Cancellation of the
Account
7.1 This Agreement is open-ended and shall cease to be effective in those cases of
termination contemplated below, in the event of closure of the Account and cessation of
GEOPHONES’ activity on the Basis.
7.2 Once it has been created, the User is entitled to cancel their own Account by sending a
written request for cancellation to GEOPHONE the address privacy@mkart.fi.
7.3 Within 7 (seven) business days of the date on which the request for cancellation as per
the previous paragraph is made, GEOPHONE shall cancel the Account.
7.4 Should the User be inactive for 24 months with effect from the date of the last action on
the Site or on the App and the last access to the Account, GEOPHONE shall be entitled to close
the Account.
7.5 GEOPHONE shall be entitled to cancel the Account should the User breach any obligation
provided for under this Agreement following written notice sent by GEOPHONE, without
prejudice to any other remedy provided by law or provided by this Agreement in favor of
GEOPHONE.
8 Changes to the Agreement
8.1 GEOPHONE reserves the right to modify the contents of the Agreement, publishing the
new version on the Basis. Unless otherwise specified, all the new terms of use of the
Agreement shall be automatically effective once 10 (ten) days have elapsed from the date of
publication on the Basis.
8.2 Should the User not accept the changes to the Account and should the User be in
possession of an Account, he or she shall be entitled to cancel his or her own Account.
9. Assignment of the Agreement
9.1 GEOPHONE may assign this Agreement to an associated company or a company in which
GEOPHONE has a shareholding. The User provides his or her consent to such assignment.
10. Privacy and protection of personal data
10.1 The User’s personal data shall be processed solely in accordance with the privacy policy
statement which can be viewed at the address https://mkartapp.com/privacy-policy.
11. Miscellaneous
11.1 This Agreement and interpretation of same are governed by Finnish law.
11.2 The purpose of the titles of the articles of the Agreement is purely illustrative and in no
manner whatsoever do they limit or describe the meaning or the contents of the related
article.
11.3 Failure on the part of GEOPHONE to exercise one of its rights does not represent a waiver
of its rights to take action against the User or against third parties for breach of undertakings
given.
ACKNOWLEDGEMENT OF THIRD PARTY NOTICES AND COPYRIGHT LICENSES: This product may
contain cartography and other data from one or more of the following Third Party sources; to
the extent that any such source is used, the relevant provisions below shall apply:
OpenStreetMap;
MARITIME ADMINISTRATION OF ESTONIA (MAE);
"Reproduced with the permission of the Norwegian Mapping Authority, Hydrographic Service,
license no NO 14/102020/1", «© Kartverket/ «© Norwegian Mapping Authority»;
Last updated: November 02, 2020
The User who uses the GEOPHONE https://mkart.fi/, https://mkartapp.com/,
https://mkartweb.com/ websites and the app for mobile “mKart” devices (“User”) declares and
accepts that he/she is bound by the terms of use set forth in this Agreement (“Agreement”).
Absent any such acceptance, the Agreement may not be deemed finalized and, consequently,
the User shall not be authorized to use the Basis.
WARNING: mKart ELECTRONIC CHARTS, BASED ON OFFICIAL DATA AS WELL AS ON OTHER
SOURCES, PROVIDE ASSISTANCE FOR NAVIGATION AND ARE DESIGNED TO FACILITATE THE USE
OF AUTHORIZED GOVERNMENT ELECTRONIC AND PAPER NAUTICAL CHARTS, NOT TO REPLACE
THEM. ONLY OFFICIAL GOVERNMENT CHARTS AND NOTICES TO MARINERS CONTAIN ALL
INFORMATION NECESSARY FOR SAFETY OF NAVIGATION AND, AS ALWAYS, THE CAPTAIN IS
RESPONSIBLE FOR PROPER USE OF SAME.
WARNING: NO NATIONAL HYDROGRAPHICAL OFFICE HAS VERIFIED THE INFORMATION IN THIS
PRODUCT AND NONE ACCEPT LIABILITY FOR THE ACCURACY OF REPRODUCTION OR ANY
MODIFICATIONS MADE THEREAFTER. NO NATIONAL HYDROGRAPHIC OFFICE WARRANTS THAT
THIS PRODUCT SATISFIES NATIONAL OR INTERNATIONAL REGULATIONS REGARDING THE USE OF
APPROPRIATE PRODUCTS FOR NAVIGATION.
1. GEOPHONE Services
1.1 https://mkart.fi/, https://mkartapp.com/, https://mkartweb.com/ (“Sites”) and the mKart
apps (“APP”) are a Basis devised and managed by GEOPHONE GROUP INTERNATIONAL Oy
having a sole holder (“GEOPHONE”) which allows Users to visualize nautical charts supported
by a variety of information, to create and calculate routes, in accordance with data provided by
and uploaded by mKart and its Users, directly on the Site and via the App (“Basis”). The use of
the Basis, the Services is governed by this Agreement in addition to all the documents and
policies published on the Basis.
1.2 By accepting this Agreement, the User acquires the right to use the nautical cartographic
services freely available on the Site (“Services”), by way of example:
(i) viewing nautical charts;
(ii) calculating routes and itineraries using and viewing data and information (by way of
example, port authorities, marinas, mooring, fuel distributors, restaurants and bars, shops,
tides and currents, 3D charts, weather and weather forecast, etc.) made available by
GEOPHONE.
1.3 In order to use some of services it will be necessary to make periodic payments
(“Services”) or purchase a subscription having a duration of one year (“Subscription”). The User
may purchase nautical charts https://mkartapp.com/terms-of-sales or may download the
app for mobile devices using the free trial period in order to assess whether they wish to
proceed to purchase a subscription. The Services which the User may use may include:
(i) viewing nautical charts on the User’s mobile devices;
(ii) calculating, saving and modifying specific routes and itineraries on the User’s mobile
devices;
(iii) use of the bathymetric function (high-resolution bathymetric chart), if the User has a GPS
plotter connected via NMEA, via Wi-Fi through compatible routers or by means of a mobile
echo sounder;
(iv) viewing, sharing, modifying and attributing votes to the USER Edits, in other words
content, comments and information shared by the Users and updated on a daily basis (by way
of example, seasonal buoys, lighthouses, rocks, mooring, ramps, other marine information and
points of interest on land such as restaurants and specialized shops) (“Content”), on the User’s
mobile devices.
2. The User’s Account
2.1 Users must create a personal, unique Account to which a unique Username and password
will be associated (“Account Credentials”).
2.2 The User is required to adopt whatever measures are necessary to ensure that the
Account Credentials are subject to the utmost confidentiality and the User accepts liability for
any loss or damage to GEOPHONE and/or to third parties as a result of failure to comply with
the aforementioned confidentiality obligation. The User undertakes not to disclose the Account
Credentials and the information accessible through same and undertakes not to allow access to
the Basis or to the Services to others through the use of his or her Account Credentials or in any
manner through his or her Account.
2.3 The User is required to provide GEOPHONE with real, accurate information when creating
the Account (and whenever they update their data) and, in order to guarantee Account
security, undertakes:
(i) not to provide false information;
(ii) not to create false or duplicate Accounts;
(iii) to update their personal information whenever requested in order to comply with the
provisions of this Agreement;
(iv) not to share or transfer the Account Credentials;
(v) not to adopt as the Username or ID for his or her Account any names which breach the
law or third-party rights (in such eventuality GEOPHONE shall be entitled to suspend the
registration or the Account until such time as the critical aspect arising with regard to the
aforementioned name is resolved).
3 The User’s duties
3.1 The User acknowledges that his or her use of the Services in accordance with the
agreement is essential for the correct operating of the Basis and for usability of the Services by
the other Users. Specifically, when creating, modifying, managing and voting on Content, the
user must comply with the provisions of this Agreement and applicable legal provisions, abiding
by principles of good faith, truthfulness and fairness in dealings with the other Users.
3.2 The User undertakes to use the Basis solely in accordance with this Agreement and solely
for purposes of using the Services. Specifically, the User undertakes not to:
(i) transfer or resell the Services or his or her right to use the Basis to others;
(ii) tamper with or operate on the Basis hardware without GEOPHONES’ intervention and
authorization;
(iii) use the Site, the App, the Services should the Account have been temporarily or
permanently suspended;
(iv) use the Basis to create or incorporate other datasets correlated to the nautical maps to
be used for a service which is similar or identical to the Services;
(v) provide GEOPHONE with data which is false, inexact, misleading or which gives rise to
adverse consequences for third parties, particularly when the User registers to create the
Account;
(vi) transfer the Account or communicate the Username or password to third parties without
GEOPHONES’ prior written consent:
(vii) spread viruses, malware or any other Basis designed to harm the Basis, the Site, the
User’s devices, to breach GEOPHONES’ rights or the rights of other Users or in any way to
hinder or disturb use of the Services by other Users;
(viii) disseminate the Content of the Basis, Services or proprietary information belonging to
GEOPHONE and/or others;
(ix) use any mechanism, software or procedure which may interfere with the proper
operations of the Basis;
(x) circumvent instruments prepared by GEOPHONE to ensure the security of the Basis and
prevent intrusions or access by unsolicited automated users (by way of example, robots, spam,
spiders);
(xi) upload to the Basis or in any way communicate or send through the Basis to other Users
content (text or graphic content or any other type) which is offensive, vulgar, violent, false,
harmful to GEOPHONES’ image or contrary to law;
(xii) copy, download, duplicate, distribute, disseminate or in any way use – including partially
– images, distinctive marks, text and content belonging to GEOPHONE or in any way found on
the Basis;
(xiii) export any information outside the Basis, aside from those cases expressly governed by
this Agreement.
3.3 Should GEOPHONE have reason to believe, at its own final discretion, that the User has
engaged in actions which may give rise to technical problems or legal liability or which run
counter to the provisions of the Agreement, GEOPHONE may, by way of example, limit,
suspend or interrupt usability of the Services and the Account, prohibiting access to the app
and GEOPHONE may adopt technical (including the removal of unlawful content) and legal
measures in order to prevent the User from using the Services.
3.4 In order to allow GEOPHONE to maintain the Basis at secure, optimum operational levels,
the User undertakes to do everything possible to report any technical problems coming to his
or her attention and relating to the Basis to GEOPHONE, without prejudice to the User’s rights
and protection with regard to personal data.
3-5 By accepting this Agreement, the User undertakes to indemnify GEOPHONE and to hold it
harmless in addition to its directors, employees, senior executives, agents and any subsidiary,
parent company and/or any of GEOPHONES’ associate companies from and against any harm
arising from breach by the User of the terms of use of this Agreement, legal obligations or thirdparty rights.
4. Use of the Services
4.1 GEOPHONE undertakes to ensure that the Basis remains active and to render it accessible
through the Site and the App, providing technical assistance in order to resolve problems
relating to use of the Account due to Basis problems attributable to GEOPHONE, through the
email Account privacy@mkart.fi. Given the characteristics of the Services, the User
acknowledges that GEOPHONE will not be accountable for problems in accessing the Basis and
App due to causes which are not directly connected to GEOPHONES’ activities or for which it is
responsible and, specifically:
(i) problems relating to connectivity and continuity of Internet traffic available to the User;
(ii) problems relating to the User’s IT systems;
(iii) problems relating to the terminals used by the User, including malfunctioning of devices
used by the User and including cases in which these devices (such as smart phones, tablets,
computers) are not compatible or fast enough to allow use of the Services;
(iv) interruption of access to the User’s Internet network;
(v) non-compatibility between the User’s mobile device browser and the Basis;
(vi) any other event which may compromise the User’s access to the Services or the Basis (and
in any case use of same) which is not caused by GEOPHONE.
4.2 Through use of the Services, the User may encounter differences between the real
conditions and those indicated in the nautical maps and any other data which is accessible
through the Basis. The User acknowledges and undertakes to exercise their own judgement
irrespective of use of the Basis and its functions, according to the User’s own responsibility and
at the User’s own risk and peril. The User is liable for his or her conduct and for the
consequences of same.
4.3 When Service requires or includes downloadable software, or otherwise when the User
downloads the App, this software may be automatically updated on the User’s device should a
new version or function be available, or this software may require that the User actively
updates it. The User undertakes to ensure that the software always remains updated in order
to obtain the best possible performance from the Services.
4.4 The Basis may include links to third-party websites which are not controlled or managed
directly by GEOPHONE (by way of example, websites belonging to commercial businesses
reported by Users through publishing Content). GEOPHONE is not liable for the information
and, in general, for the User’s browsing on these websites operated by third parties.
4.5 Some of the Services are available on mobile devices. The User undertakes to pay the
utmost attention in order to ensure safe use and in compliance with applicable laws, with
particular regard to the maritime code and laws put in place to protect one’s own safety and
the safety of others, and the User acknowledges that neither the Services replace authorized
government maps which, together with warnings to navigators, contain all information
necessary for safe navigation. Any log generated or viewed on the Basis is to be considered
solely as a suggestion for planning navigation and must not be used for direct navigation.
5. Publishing Content and moderation
5.1 Through sending information to GEOPHONE or publishing Content on the Basis, the User
grants to GEOPHONE the non-exclusive, unlimited, transferable, sub-licensable and irrevocable
right to use the Content and to reproduce, modify, adapt, translate, distribute, publish and
create derived works, make publicly visible the Content throughout the world using any means
and for any purpose and to use the Username or the name specified in relation to the Content.
5.2 The User has sole liability for the Content published or sent to GEOPHONE or published on
the Basis and undertakes not to publish, upload or otherwise make public through the Basis
content which:
(i) is false, illegal, misleading, defamatory, slanderous, intimidating, offensive or in any otherway contrary to law and public morality.(ii) offends Users, GEOPHONE or the online community;(iii) may constitute, encourage, promote or incite unlawful conduct;
(iv) may breach patents, trademarks, trade secrets, copyright or any other intellectual or
industrial property rights belonging to any party;
(v) constitutes promotions or trade communications;
(vi) at the sole discretion of GEOPHONE, is in any other manner questionable or unconnected
to the subject matter of the interactive areas in which the Content is published.
5.3 The User states that he or she has no objection as to publication, use, including for
financial gain, modification and deletion of the Content by GEOPHONE or its successors and
assignees and the User states that he or she permanently waives all complaints or claims in
respect of the Content.
6. Industrial and intellectual property
6.1 The User acknowledges that:
(i) the industrial property rights to the trademarks viewable on the Basis – specifically the
trademark “mKart” and to the domain names are the exclusive property of GEOPHONE;
(ii) GEOPHONE has exclusive title to the intellectual and industrial property rights in respect
of the Basis, the software and the databases connected to the Basis, the App, the Site, the text,
artwork, layout and the look and feel of the Basis, the App and the Site;
(iii) GEOPHONE has exclusive title to the GEOPHONE project, the related know-how and all
technical and trade information relating to this project;
and the User undertakes not to infringe or disrupt these rights.
6.2 The User states that he or she is the holder of the rights to financial gain allowing him or
her to lawfully publish Content on the Basis and the User undertakes not to publish content on
the Basis of any type use of which on the Basis might constitute an infringement of third
parties’ intellectual or industrial property rights. For information on how to acquire
authorization to use the Content of the Basis, you can send an email to webmaster@mkart.fi.
6.3 In cases where it is possible for the User to download GEOPHONES’ Content or software
from the Site or from the App store managed by third parties, this software – inclusive of files,
incorporated or generated images, data and any other element – shall be licensed to the User
in accordance with the licensing agreement with the end-user (“EULA”) which can be viewed at
the address https://mkartapp.com/eula.
6.4 All the contents of the Site, inclusive of texts, artwork, images, audio material, video and
all else, together with domains, taglines, organization and user look and feel interface are
protected by laws governing intellectual and industrial property rights and are the sole
property of GEOPHONE or third parties who have licensed them to GEOPHONE. Should the Site
allow the downloading of specific contents, it is possible to download a copy of same to just
one computer for exclusively personal domestic and not commercial use, subject to the
condition that the user (a) does not remove or alter ownership or copyright notices in the
downloaded content, (b) does not sell or modify this content, does not reproduce, view,
publicly use, distribute or utilize same in any other manner for public or commercial purposes
without our prior written authorization, (c) does not use what he or she downloads in such a
manner as to suggest any association with our products, services or trademarks. Without our
prior written authorization it is prohibited to copy (being known as “mirror”) any Site contents
to any other server. The use of the Site contents on other websites or on networked computers
for any purpose is prohibited without our express written authorization.
6.5 The trademarks, logos and service marks (“Marks”) viewed on the Site are our property or
are third-party property. It is prohibited to use these Marks without our express written
authorization or the express written authorization of any third parties affected. For information
on how you can acquire authorization to use the Content on your website, send an email
to webmaster@mkart.fi.
6.6 We respect the intellectual property rights of others and expect the Users of our products
and Services to do the same. It is our policy to remove content submitted by any User of
GEOPHONES’ products on this Site (“User Layers” or “UL”), content that is infringing the
intellectual property of our products. In our discretion we may also terminate the Account of
any User who repeatedly submits infringing UL.
Procedure for Making Copyright Infringement Claims. If you believe that your copyrighted work
has been copied in a way that constitutes copyright infringement under Finnish law and has
been incorporated into any of our products or Sites through UL, you may notify GEOPHONE by
e-mail copyright@mkart.fi. To be valid your notice must be in writing and contain the following:
• A manual or electronic signature of the copyright owner or a person authorized to act on
the owner’s behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is alleged to be infringing and information reasonably
sufficient to enable us to locate the material;
• The contact information of the complaining party (including address, telephone number,
e-mail address);
• A statement that the complaining party believes in good faith that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that (a) the provided information in the notice is accurate and (b) under
penalty of perjury, the person filing the notice is the copyright owner or is authorized to act on
the owner’s behalf.
Please note that the information provided in your notice may be forwarded to the person who
provided the allegedly infringing content.
7. Term – Withdrawal by User – Termination of the Agreement and Cancellation of the
Account
7.1 This Agreement is open-ended and shall cease to be effective in those cases of
termination contemplated below, in the event of closure of the Account and cessation of
GEOPHONES’ activity on the Basis.
7.2 Once it has been created, the User is entitled to cancel their own Account by sending a
written request for cancellation to GEOPHONE the address privacy@mkart.fi.
7.3 Within 7 (seven) business days of the date on which the request for cancellation as per
the previous paragraph is made, GEOPHONE shall cancel the Account.
7.4 Should the User be inactive for 24 months with effect from the date of the last action on
the Site or on the App and the last access to the Account, GEOPHONE shall be entitled to close
the Account.
7.5 GEOPHONE shall be entitled to cancel the Account should the User breach any obligation
provided for under this Agreement following written notice sent by GEOPHONE, without
prejudice to any other remedy provided by law or provided by this Agreement in favor of
GEOPHONE.
8 Changes to the Agreement
8.1 GEOPHONE reserves the right to modify the contents of the Agreement, publishing the
new version on the Basis. Unless otherwise specified, all the new terms of use of the
Agreement shall be automatically effective once 10 (ten) days have elapsed from the date of
publication on the Basis.
8.2 Should the User not accept the changes to the Account and should the User be in
possession of an Account, he or she shall be entitled to cancel his or her own Account.
9. Assignment of the Agreement
9.1 GEOPHONE may assign this Agreement to an associated company or a company in which
GEOPHONE has a shareholding. The User provides his or her consent to such assignment.
10. Privacy and protection of personal data
10.1 The User’s personal data shall be processed solely in accordance with the privacy policy
statement which can be viewed at the address https://mkartapp.com/privacy-policy.
11. Miscellaneous
11.1 This Agreement and interpretation of same are governed by Finnish law.
11.2 The purpose of the titles of the articles of the Agreement is purely illustrative and in no
manner whatsoever do they limit or describe the meaning or the contents of the related
article.
11.3 Failure on the part of GEOPHONE to exercise one of its rights does not represent a waiver
of its rights to take action against the User or against third parties for breach of undertakings
given.
ACKNOWLEDGEMENT OF THIRD PARTY NOTICES AND COPYRIGHT LICENSES: This product may
contain cartography and other data from one or more of the following Third Party sources; to
the extent that any such source is used, the relevant provisions below shall apply:
OpenStreetMap;
MARITIME ADMINISTRATION OF ESTONIA (MAE);
"Reproduced with the permission of the Norwegian Mapping Authority, Hydrographic Service,
license no NO 14/102020/1", «© Kartverket/ «© Norwegian Mapping Authority»;