GENERAL TERMS AND CONDITIONS (GTC) TEST PHASE (BETA)

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Last updated: March 24, 2026

Please read these terms and conditions carefully before using Our Service.

Floatics (Software-as-a-Service)
Provided by THEC Offshore GmbH

  1. Scope of Application

1.1 These General Terms and Conditions (“GTC”) govern the provision and use of the software-as-a-service solution “Floatics” (“Service”) by THEC Offshore GmbH (“Provider”) during a limited beta test phase.

1.2 The Service is provided exclusively to selected users (“User”) free of charge for testing, evaluation, and feedback purposes.

1.3 These GTC apply exclusively. Conflicting or deviating terms of the User shall not apply unless expressly agreed in writing.

  1. Beta Status and Nature of Service

2.1 The Service is provided as a beta (test) version and is explicitly marked as such in the user interface and related documentation.

2.2 The Service:

  • may contain errors, inaccuracies, or incomplete functionalities,
  • may be modified at any time,
  • may be interrupted or discontinued without notice.

2.3 The Service is not a certified engineering tool, classification tool, or safety system.

2.4 The Service does not replace professional engineering judgment, classification society approvals, or verification processes.

  1. Subject Matter of the Service

3.1 The Provider grants access to software performing motion response analyses for ships and floating assets.

3.2 All outputs, simulations, and analyses (“Results”) are:

  • generated automatically,
  • based on assumptions, models, and input data,
  • inherently uncertain and subject to limitations.
  1. Free-of-Charge Test Phase / No SLA

4.1 The Service is provided free of charge.

4.2 No Service Level Agreement (SLA) applies. In particular:

  • no uptime guarantees,
  • no support obligations,
  • no response times.

4.3 The Provider may at any time and without prior notice:

  • modify, restrict, suspend, or terminate the Service,
  • delete or restrict access to data.

4.4 The User has no entitlement to continued availability.

  1. Permitted Use

5.1 The User may use the Service for internal business purposes only.

5.2 The User is responsible for:

  • accuracy and completeness of input data,
  • independent verification of all Results.

5.3 The User shall not:

  • rely on the Service for operational or safety-critical decisions,
  • use the Service in violation of applicable law,
  • attempt to interfere with or reverse engineer the Service.
  1. Offshore / Maritime Industry Disclaimer

6.1 The Service and all Results are provided for guidance and informational purposes only.

6.2 The Provider does not warrant that:

  • Results are correct, complete, or suitable for any specific vessel, structure, or operation,
  • Results comply with classification rules, flag state requirements, or industry standards.

6.3 The User acknowledges that:

  • marine environments are inherently unpredictable,
  • simulation results cannot fully reflect real-world conditions,
  • all Results must be independently verified by qualified naval architects, engineers, or other professionals.

6.4 The Service shall not be used as the sole basis for:

  • design decisions,
  • operational planning,
  • safety assessments,
  • certification or compliance documentation.
  1. Disclaimer of Warranty

7.1 The Service is provided “as is” and “as available”.

7.2 The Provider disclaims all warranties, including:

  • accuracy, reliability, or completeness of Results,
  • fitness for a particular purpose,
  • uninterrupted or error-free operation.
  1. Limitation of Liability

8.1 The Provider shall not be liable for any damages arising out of or in connection with the use of the Service, including but not limited to:

  • incorrect or incomplete Results,
  • decisions taken based on the Service,
  • damage to vessels, offshore assets, cargo, or infrastructure,
  • environmental damage,
  • injury or loss of life,
  • business interruption, financial loss, or reputational damage.

8.2 This exclusion applies to direct, indirect, incidental, consequential, and special damages.

8.3 The above limitations shall not apply in cases of:

  • intent (Vorsatz),
  • gross negligence (grobe Fahrlässigkeit),
  • injury to life, body, or health,
  • mandatory liability under German law.

8.4 In cases of simple negligence, liability is excluded to the maximum extent permitted by law.

  1. IT Security Disclaimer

9.1 The Provider does not guarantee that the Service is free from:

  • cyber attacks,
  • unauthorized access,
  • data loss or corruption.

9.2 The User is responsible for implementing appropriate:

  • cybersecurity measures,
  • backup procedures,
  • access controls.

9.3 The Provider shall not be liable for damages resulting from IT security incidents unless caused by intent or gross negligence.

  1. Data Protection and Data Processing (DPA)

10.1 The Provider processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

10.2 To the extent the User uploads or processes personal data, the parties agree that:

  • the User acts as data controller,
  • the Provider acts as data processor.

10.3 A separate Data Processing Agreement (DPA) shall apply and is deemed concluded upon acceptance of these GTC.

10.4 The User warrants that:

  • it has all necessary rights to process and upload data,
  • such processing complies with applicable law.
  1. Intellectual Property Rights

11.1 All rights to the Service remain with the Provider.

11.2 The User is granted a:

  • non-exclusive,
  • non-transferable,
  • revocable right of use limited to the test phase.
  1. Feedback

12.1 The User grants the Provider the unrestricted right to use feedback, suggestions, and improvement ideas without compensation.

  1. Confidentiality

13.1 Both parties shall treat confidential information as strictly confidential.

13.2 This obligation survives termination.

  1. Indemnification

14.1 The User shall indemnify and hold harmless the Provider against all claims arising from:

  • misuse of the Service,
  • violation of these GTC,
  • unlawful or incorrect input data.
  1. Termination

15.1 The Provider may terminate or suspend the Service at any time without notice.

15.2 The User may stop using the Service at any time.

  1. Export Control

16.1 The User shall comply with all applicable export control and sanctions regulations.

  1. Governing Law and Jurisdiction

17.1 These GTC shall be governed by the laws of the Federal Republic of Germany, excluding CISG.

17.2 The place of jurisdiction shall be the registered office of the Provider, where legally permissible.

  1. Governing Language

18.1 These GTC are drafted in English.

18.2 In case of inconsistencies, the English version shall prevail.

  1. Final Provisions

19.1 Should any provision be invalid, the remaining provisions shall remain unaffected.

19.2 Amendments must be made in writing.

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: floatics@thec-offshore.com

By phone number: +49 40 3750248 61 / +49 40 3750248 62