Terms of Use

NV Charts App
Last changed 25.03.2021 Terms of Use german version

Licensed Data

The NV Charts App is able to display charts that may contain various other sources including those stated in the section license in the NV Charts App with the applicable terms stated for each license source.

1. Provider

The NV Charts App and the accompanying services (hereinafter collectively referred to as „Service“) are offered by NV Chart Group GmbH, Carlshöhe 75, 24340 Eckernförde, Germany (hereinafter „NV“).

2. Use of the Service

The use of the Service is free of charge. The costs for using a (mobile) internet connection are charged by the respective internet service provider.

The Service is for private use, only. The use is contingent on the prior registration with NV.

The Service is no substitute for the use of mandatory instruments and navigation aids, in particular mandatory nautical paper charts. The use of the Service is permissible only in conjunction with and in addition to the use of nautical paper charts. Use of the Service on ships that are subject to the INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA (SOLAS) is not permitted.<

3. License

NV grants to the user a non-exclusive, non-transferable license to use the software, which allows the user to use the Service and the accompanying documentation in accordance with these Terms of Use. Except for the non-exclusive, non-transferable license to use the software, no rights are granted to the user. In particular, no ownership of the software and the accompanying documentation is transferred to the user.

The license encompasses the right to use the software in mobile devices. The user is not entitled to modify, translate, reverse engineer or decompile the software or to develop new software derived from the software.

4. Navigational Charts

The use of some functions of the Service requires the purchase of navigational charts. For users that have purchased a paper chart with an accompanying activation code (license key), the use of the digital version of that paper chart is free of charge. NV reserves the right to charge a license fee for any updates or revisions according to clause 9. Users that have not purchased a paper chart with an activation code can purchase digital-only navigational charts on NV’s website www.nvcharts.com or the device app store.

NV grants to the user a non-exclusive, non-transferable license to use the navigational charts for which the user has purchased an activation code on a single digital device or on a single user account, in accordance with these Terms of Use.

Except for this non-exclusive, non-transferable license to use the navigational charts on a single digital device or on a single user account, no rights are granted to the user. In particular, no ownership of the navigational charts is transferred to the user.

5. Intellectual Property Rights

The user accepts and respects NV’s intellectual property rights (in particular patent, utility model, trademark and copyrights) in the software, the Service and the map data as well as the rights of any third-parties whose map data may be included in the Service.

The user undertakes to prevent any impairment and infringement of these rights by third parties insofar as these third parties have achieved access to the Service or the software through any action or omission of the user. The user further undertakes to inform NV immediately of any such impairment or infringement.

6. Data Protection

NV's privacy policy explains how NV treats your personal data and protect your privacy when you use the Service. By using the Service, you agree NV can use such data in accordance with our privacy policies.

7. Liability

The nautical maps and navigational aids provided by the Service are up-to-date as of the time of the publication of the App and of any Updates to the best of NV’s knowledge.

The maps and navigational aids as well as the software and the Service are provided “as is and with all faults”. NV does not give any warranty or guaranty as to the error-free operation of the software and the Service, the currentness and accuracy of the maps and aids, the currentness and accuracy of the computations of the Service, or the suitability of the Service for the purpose intended by the user.

The Service is no substitute for mandatory nautical instruments and navigational aids, in particular navigational paper charts. The user is aware of the inaccuracy of digital nautical charts and GPS satellite data. The use of the Service as a navigational aid is permissible only in conjunction with and in addition to the use of nautical paper charts. The use of the Service for life-or-death-decisions is not permissible. Use of the Service on ships that are subject to the INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA (SOLAS) is not permitted.

NV is not liable for any loss or damage incurred or suffered in connection with the use of the Service, except in cases of gross negligence on the part of NV, its legal representatives or agents. In cases of negligence on the part of NV, its legal representatives or agents, NV is only liable if a material contractual obligation that is essential for the aim of the contract has been breached. To the extent that NV is liable in cases of negligence any claim to damages is limited to foreseeable damages. This limitation of liability does not apply in cases of injury to life, body or health.

The Service may contain links to other websites or services that are not operated by and not under the control of NV. NV is not responsible for the contents and the data protection policies of these websites and services and is not liable for any loss or damage incurred or suffered in connection with the use of these websites or services.

8. Termination

NV is entitled to terminate this contract and the user’s right to use the Service without notice if the user infringes any provision of these Terms of Use. The user’s right to use the Service and all accompanying software, documents and maps ends at the time he receives the notice of termination and the user is obligated to immediately delete all program data.

9. Updates/Revisions

NV is free but in no way obligated to update the format and the contents of the Services at any time and without prior notice (hereinafter “Update”). NV is further free to change, revise, amend and/or (partially) delete the Service and to terminate the Service partially or in its entirety, temporarily or finally.

Any and all Updates, changes, revisions and amendments are subject to the terms of these Terms of Use.

NV is free to modify these Terms of Use for the future. Major changes of these Terms of Use will be notified to the user and the current version of the applicable Terms of Use can be found in the App and on our website. By continuing to use the Service or any part thereof the user agrees to all changes and agrees to be bound by the modified Terms of Use.

10. Miscellaneous

These Terms of Use and the use of the Service are governed exclusively by substantial German Law, excluding international private law and conflict of law rules and excluding the International Convention on the Sale of Goods (CISG).

The exclusive venue for all disputes arising from or in connection with these Terms of Use and the use of the Service, as well as the place of performance of all obligations arising from these Terms of Use is, as far as legally permissible, Hamburg, Germany.

Should any provision of these Terms of Use be or become invalid or unenforceable, either in whole or in part, this shall not affect the validity and enforceability of the remaining provisions. The parties undertake to replace any invalid or unenforceable provision by a provision which fulfils the original intentions of the parties to the furthest extent possible and as far as legally admissible. The same applies in case of any unintended gap or omission. These terms of use are a translation and the German version of this Agreement shall prevail.