Terms of Service

1. About These Terms

These Terms of Service (“Terms”) are an agreement between Hive IT and Software Joint Stock Company (“Hive”, “we” or “us”) and you. They apply when you use Navatom, our cloud ship management service, in any of its forms (together, the “Service”):

the Navatom web applications for offices and ships, including app.navatom.com;
the Navatom mobile app for iPhone and Android (“the App”);
Navatom Crew, where seafarers keep their own profile; and
Navatom AI, Navatom chat and calls, and every other feature we provide as part of Navatom.

In these Terms, “Customer” means the company or organization that subscribes to Navatom. “User” means a person who uses the Service: an employee or crew member of a Customer, anyone else a Customer gives access to, or a seafarer with a Navatom Crew account. “Customer Data” means the records, documents, files and messages that a Customer and its Users put into the Service.

By signing up for a trial, creating an account or using the Service, you agree to these Terms. If you accept them on behalf of a company, you confirm that you are authorized to bind it, and “you” then includes that company.

If a Customer has signed a subscription agreement or order with Hive, that signed agreement governs the Customer’s subscription and wins where it differs from these Terms. These Terms still apply to each User’s use of the Service.

How we handle personal data is explained in our Privacy Policy.

2. Accounts

2.1. Customer Accounts

A Customer’s administrators create and manage the accounts of its Users and decide what each User can see and do. The Customer is responsible for the accounts it creates, for removing access promptly when someone no longer needs it, and for what its Users do in the Service.

Your account is personal. Keep your password secret, do not share your account, and tell your Company’s administrator or us at once if you think someone else has used it. We may ask you to confirm your identity and may require security measures such as stronger passwords.

2.3. Navatom Crew Accounts

Seafarers can create a free Navatom Crew account to keep their profile, certificates and documents, and to share them with the companies they choose. You must be at least 16 years old, give accurate information about yourself and upload only documents that are yours. A company you share your profile with receives the information you share and handles it under its own responsibility. You can delete your Navatom Crew account at any time in your profile settings.

3. Subscriptions, Trials and Fees

3.1. Subscriptions

Customers subscribe per ship, on a tier with optional add-ons, for a monthly, quarterly or annual period, as set out in their order or quote. All products in one subscription are on the same tier. A Customer can upgrade at any time.

3.2. Free Trial

We may offer a free trial, currently 30 days long. A trial is for evaluating Navatom, comes without availability or support commitments, and may be changed or ended by us at any time. When a trial ends, access stops unless the Customer subscribes. If a trial is not turned into a subscription within 30 days after it ends, we may delete its data.

3.3. Fees and Payment

Fees are set in the Customer’s order or quote, with no setup or other upfront fees. Unless the order says otherwise, we invoice in advance for each billing period, invoices are due within 30 days of their date, and fees exclude taxes such as VAT, which the Customer pays in addition. Fees are non-refundable, except where these Terms or the law say otherwise.

If an invoice is overdue, we will send the Customer a reminder. If it is still unpaid 15 days after the reminder, we may suspend the Customer’s access until it is paid. Suspension does not delete Customer Data.

We may change our prices from the next renewal of a subscription by telling the Customer at least 30 days before that renewal.

3.4. Renewal and Cancellation

A subscription renews automatically for another period of the same length unless the Customer or Hive cancels it before the current period ends. A cancellation takes effect at the end of the period already paid for.

3.5. No Purchases in the App

The App is free to download. Navatom subscriptions are sold by Hive directly to companies. They cannot be bought, changed or cancelled in the App, and the App offers no in-app purchases.

4. Using the Service

4.1. Your Right to Use Navatom

While a Customer’s subscription is active and these Terms are followed, we give the Customer and its Users a non-exclusive, non-transferable right to use the Service for the Customer’s business, within the limits of its subscription. Navatom Crew users may use Navatom Crew for their own careers at sea.

4.2. Acceptable Use

You must not:

use the Service to break the law or infringe anyone’s rights;
upload content that is unlawful or that you have no right to share, or upload viruses or other harmful code;
try to access accounts, data or systems you are not authorized to use, or test, probe or scan the Service’s security without our written permission;
disrupt the Service or put an unreasonable load on it, including by automated scraping or bulk downloading outside the features and API access we provide;
copy, modify, decompile or reverse engineer the Service or the App, except where the law allows it despite this restriction;
resell, rent or sublicense the Service, or make it available to anyone outside what the Customer’s subscription allows;
use the Service or its outputs to build a competing product, or to train or improve an AI model; or
use the Service in breach of the sanctions and export control laws described in section 13.

4.3. Suspension

We may suspend a User’s or a Customer’s access, as far as reasonably necessary, if there is a threat to the security of the Service or of other customers, if these Terms are seriously breached, or if the law requires it. We will give notice beforehand where we reasonably can, and restore access once the cause is resolved.

5. Your Data

5.1. Customer Data Belongs to the Customer

The Customer owns its Customer Data. The Customer gives us the rights we need to host, copy, process and display it in order to provide, secure and support the Service and to comply with the law. We do not sell Customer Data, we do not use it for advertising, and we never use it to train AI models.

5.2. The Customer’s Responsibilities

The Customer is responsible for the accuracy and lawfulness of its Customer Data and for having the right to put it into Navatom, including personal data of its employees and crew such as passports and medical certificates. The Customer is the data controller for the personal data in its Customer Data. Hive processes that data on the Customer’s behalf and on its instructions, under Personal Data Protection Law No. 6698, the GDPR where it applies, and the data processing terms of the Customer’s subscription.

5.3. Hosting and Security

Navatom’s records are hosted in the European Union, in Frankfurt, Germany. Each Customer’s records are kept in a database of its own, separate from every other customer, and connections and storage are encrypted. We use service providers to run parts of the Service, as listed in our Privacy Policy.

5.4. Usage Information

We record how the Service is used, such as which features and screens are opened, to run, secure and improve Navatom. We share it outside Hive only in a combined form that identifies neither the Customer nor any person.

5.5. Feedback

If you send us ideas or suggestions about Navatom, we may use them without any obligation to you.

5.6. Getting Your Data Out

During a subscription, Users with the right permissions can export lists and records from Navatom. When a subscription ends, the Customer can ask us, within 30 days, for an export of its Customer Data in a common machine-readable format. After those 30 days, we delete the Customer Data from our live systems, and from our backups as they cycle out, unless the law requires us to keep it.

6. Navatom AI

Navatom AI is available where the Customer’s plan includes it. It answers only from the records and documents the person asking is already allowed to see, and it runs with EU data residency. Conversations are logged so that the Customer can review them, and the answers are part of the Customer Data.

AI answers can be incomplete or wrong. Check an answer against the records before you rely on it, especially for decisions about safety, compliance, maintenance or money.

7. Chat, Calls and Notifications

Navatom chat and calls let Users message and call each other inside the Service. They depend on the internet connection of everyone taking part, and messages, calls and notifications can be delayed or fail to arrive.

Navatom chat and calls are not an emergency communication system. They cannot reach emergency services, and they do not replace GMDSS, distress and safety communications, or the Customer’s emergency procedures.

8. Working Offline

Navatom’s ship applications and the App keep working without a connection and sync with Navatom when the connection returns. Until a device has synced, the records made on it exist only on that device, and they can be lost if the device is lost, damaged or reset, or the App is deleted, before they sync.

9. The Navatom Mobile App

9.1. Who Can Use the App

The App is a business app for the Users of Customers. Your Company creates your account; you cannot sign up in the App, and you need an active Navatom account to use it.

9.2. Your License to the App

We give you a personal, non-exclusive, non-transferable and revocable license to install and use the App on devices you own or control, only to use the Service under these Terms. If you downloaded the App from the App Store, you may use it on Apple-branded devices you own or control, as the App Store’s usage rules allow.

9.3. Updates and Permissions

We release App updates to fix problems, improve security and add features, and some updates may be needed to keep using the App. The App asks for access to your camera, photos, microphone and notifications only when a feature needs it, as explained in our Privacy Policy.

9.4. Your Device and Network

You are responsible for your device, for keeping its operating system up to date, and for any charges from your mobile, Wi-Fi or satellite provider. When you use the App, you must also follow the terms of your network provider and any other third-party agreements that apply to you.

9.5. App Stores

These Terms are between you and Hive only, not Apple or Google. Hive, not Apple or Google, is solely responsible for the App and its content, and for its maintenance and support. Apple and Google have no obligation to provide any maintenance or support for the App. Your use of the App must also follow the terms of the store you downloaded it from: Apple’s Media Services Terms and Conditions or the Google Play Terms of Service.

If you downloaded the App from Apple’s App Store, these points also apply:

If the App fails to conform to any warranty that applies to it, you can notify Apple, and Apple will refund the purchase price of the App, if any, to you. To the maximum extent the law allows, Apple has no other warranty obligation for the App.
Hive, not Apple, is responsible for addressing any claims from you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
If a third party claims that the App, or your possession and use of it, infringes their intellectual property rights, Hive, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
You confirm that you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

10. Availability, Changes and Support

10.1. Availability

We aim to keep Navatom available 99.5% of the time. Releases roll out one server at a time so that an update does not take Navatom offline, but planned maintenance, urgent fixes and events outside our control can still interrupt it. A service level agreement with remedies applies only where the Customer’s signed agreement includes one.

10.2. Changes to the Service

Navatom keeps developing: we add, change and sometimes retire features. We will not materially reduce the core functionality of a paid subscription during its current period. Features we mark as preview or beta are offered as they are, may change or stop at any time, and are not covered by availability commitments.

10.3. Support

Every subscription includes support with a two-day response time, our customer support community, webinars, events and guided journeys. Premium and Enterprise plans can add administrator assistance and 24/7 support for an extra fee. You can reach support at support@navatom.com.

11. Responsibility for Ships and Crews

Navatom is software for managing ships and their records. It helps you plan and record work and keep the records that rules ask for, but it does not replace the professional judgment of the master, officers and crew, the designated person ashore or the Customer’s managers, or the Customer’s safety management system. The Customer remains responsible for operating its ships safely and for meeting the requirements of flag states, classification societies, charterers and international conventions such as ISM, SOLAS, MARPOL, MLC and STCW. Reminders, due dates, checks and AI answers in Navatom are aids: check them before acting on them.

12. Intellectual Property

Navatom, the App, their software, design and documentation, and the Navatom name and logo belong to Hive or its licensors. These Terms give you only the rights to use them that are described here, and all other rights are reserved. Third-party software included in the Service is licensed under its own terms.

13. Sanctions and Export Control

You must not use the Service, or let it be used, in breach of the sanctions and export control laws that apply to you or to Hive, including those of the United Nations, the European Union, the United States, the United Kingdom and Turkey. The Customer confirms that it is not a person or organization those laws prohibit Hive from dealing with.

14. Confidentiality

Each of us will keep the other’s confidential information confidential, use it only for the purposes of these Terms, and share it only with people who need it for those purposes and are bound to keep it confidential. This does not cover information that is public, already known to the receiving party, developed independently or received lawfully from someone else, or that the law requires to be disclosed. Customer Data is the Customer’s confidential information.

15. Warranties

We provide the Service with reasonable skill and care, and substantially as described in its documentation. If it falls short, tell us and we will work to fix it. If we cannot, the Customer may end the affected subscription and receive a refund of the fees it prepaid for the remaining period.

Apart from what these Terms state, and to the extent the law allows, the Service is provided “as is” and “as available”. We do not promise that it will be uninterrupted or error-free, or that AI answers, imported data or third-party services will be accurate or complete.

16. Liability

16.1. Excluded Losses

Neither Hive nor the Customer is liable to the other for indirect or consequential loss, or for loss of profit, revenue, business or goodwill, arising from these Terms or the Service. If Customer Data is lost or damaged through our fault, our first obligation is to restore it from our most recent backup.

16.2. Limit of Liability

The total liability of Hive or the Customer arising from these Terms or the Service is limited to the fees the Customer paid for the Service in the 12 months before the event that gave rise to the claim. This limit does not apply to fees the Customer owes. Where no fees are paid, such as during a trial or for a Navatom Crew account, Hive’s total liability is limited to 100 euros.

16.3. What Is Not Limited

Nothing in these Terms limits liability for intent or gross negligence, for death or personal injury caused by negligence, or any other liability that the applicable law does not allow to be limited or excluded.

17. Claims by Third Parties

We will defend the Customer against a third-party claim that the Service, as we provide it, infringes that party’s intellectual property rights, and pay the damages finally awarded or agreed in a settlement we approve, as long as the Customer tells us about the claim promptly, lets us control the defense and cooperates with us. In that case we may change the Service so that it no longer infringes, obtain the right for the Customer to keep using it, or end the affected subscription and refund the fees prepaid for the remaining period. This does not apply to claims caused by Customer Data, third-party services, or use of the Service in breach of these Terms.

The Customer will defend Hive, on the same conditions, against third-party claims arising from its Customer Data or from use of the Service by the Customer or its Users in breach of these Terms or the law.

18. Ending the Service

These Terms apply for as long as you use the Service. Hive or the Customer may end a subscription if the other seriously breaches these Terms and does not fix the breach within 30 days of written notice. We may close a trial or a Navatom Crew account that breaches these Terms.

When a subscription ends, access to it stops, any unpaid fees become due, and section 5.6 applies to the Customer Data. The sections that by their nature should continue, such as those on fees owed, intellectual property, confidentiality, liability and governing law, continue to apply.

19. Changes to These Terms

We may update these Terms, for example when we add features or when the law changes, and we publish every update on this page with a new date. If a change significantly affects Customers’ rights, we will tell Customers by email or in Navatom at least 30 days before it takes effect, unless the law requires it sooner. Using the Service after a change takes effect means you accept it. A Customer that does not accept a significant change may cancel its subscription before the change takes effect, and we will refund the fees it prepaid for the period after the cancellation.

20. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Turkey. We will first try to settle any dispute by talking to each other. If that fails, the courts and enforcement offices of İstanbul (Çağlayan) have exclusive jurisdiction. If you use Navatom Crew as a consumer, you also keep the protection of the mandatory consumer laws of the country where you live.

21. General

Neither Hive nor the Customer may transfer these Terms without the other’s consent, except to a company that takes over all or most of the business they relate to, with notice to the other.
Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as natural disasters, war, failures of internet or satellite networks, or attacks on infrastructure providers.
If part of these Terms cannot be enforced, the rest still applies. Not enforcing a right does not mean giving it up.
These Terms, together with the Privacy Policy and any order, are the whole agreement on their subject, subject to a Customer’s signed agreement as described in section 1. If these Terms are translated, the English version prevails.

22. Contact Us

Navatom and the App are provided by Hive IT and Software Joint Stock Company (Hive A.Ş.). Send questions, complaints, claims and notices about these Terms or the App to:

Levent Mahallesi, Büyükdere Caddesi No: 185/271, 34394 Şişli, İstanbul, Turkey
info@navatom.com
+90 850 244 44 83

For help with Navatom, write to support@navatom.com. For personal data questions, write to privacy@navatom.com.