Terms of Service

Last Updated: 01-05-2025

Welcome to loadmaster.ai. These Terms of Service (“Terms”) set out the conditions under which you may access and use the products and services offered by loadmaster.ai B.V. (“loadmaster.ai,” “we,” “us,” or “our”), including our AI optimization software (StowAI, StackAI, JobAI), related updates, documentation, training, and support (collectively, the “Services”). By installing, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to them, you must not install or use the Services.

1. Definitions

  • "loadmaster.ai" refers to loadmaster.ai B.V., a Besloten Vennootschap incorporated in the Netherlands, with its principal place of business at Marconistraat 16, 3029 AK Rotterdam.
  • "User" means any individual authorized by the Customer to install, access, or use the Services.
  • "Agreement" (or “Contract”) consists of these Terms together with any Order Confirmation(s), the Shared Responsibility Addendum, and any separately executed written agreement between you and loadmaster.ai.
  • "Customer" refers to the legal entity on whose behalf the Services are installed.
  • "Customer Data" refers to all operational, terminal, and system data (including but not limited to vessel, yard, and dispatching data) that you submit to or process through the Services.
  • "Output" means recommendations, optimization plans, reports, or other results generated by the Services.
  • "Subscription Plan" refers to the specific license or support plan selected by the Customer, which dictates scope, features, and fees.
  • "Confidential Information" includes all non-public information disclosed by one party to the other that is designated confidential or should reasonably be understood as confidential.

2. Acceptance of Terms

By installing or using the Services, you affirm that you have read, understand, and agree to these Terms, our Privacy Policy, our Data Processing Addendum (where applicable), our Responsible AI Policy, our Acceptable Use Policy, and our Shared Responsibility Addendum.

3. Changes to Terms

loadmaster.ai may update these Terms at any time. Any changes will become effective upon posting the updated Terms on our website or notifying Customers. Continued use of the Services following the changes constitutes acceptance.

4. User Accounts and Access

  • Authorization: Only authorized Users designated by the Customer may access or use the Services.
  • Security: The Customer is responsible for securing access to the servers, operating system, and applications on which the Services are installed.

5. Subscription and Fees

  • License Plans: loadmaster.ai offers license and support plans. Details are provided in order confirmations or upon request.
  • Fees and Payment: Customer agrees to pay all fees associated with the chosen plan. All fees are non-refundable except as required by law or explicitly agreed otherwise.
  • Automatic Renewal: Yearly subscriptions automatically renew unless cancelled in accordance with section 11 (Term and Termination).

6. Use of Services

  • Use: Customer may install and use the Services solely within its own infrastructure and for its own operations.
  • Prohibited Uses: You may not reverse engineer, resell, or use the Services in violation of applicable laws, export restrictions, or safety standards.
  • Local Environment: Customer is responsible for procuring and maintaining the hardware, OS, and IT environment required to run the Services.

7. Intellectual Property Rights

  • Your Ownership: Customer retains ownership of all Customer Data and operational results derived from use of the Services.
  • Our Ownership: loadmaster.ai owns all intellectual property rights in the Services. We grant Customers a limited, non-exclusive, non-transferable license to install and use the Services in accordance with these Terms.
  • Feedback: If you provide feedback, you grant loadmaster.ai a perpetual, royalty-free license to use it.

8. Confidentiality

Both parties agree to protect Confidential Information and not disclose it except where permitted, required by law, or authorized in writing.

9. Data Protection and Privacy

Customer Data remains under the Customer’s control. loadmaster.ai processes only the metadata and logs necessary for support, updates, and performance improvement, in compliance with applicable laws.

10. AI-Specific Provisions

  • Use of AI Models: The Services apply reinforcement learning to generate stowage, yard, and dispatching recommendations. Outputs are probabilistic and dependent on available data.
  • Responsibility for Output: Customers are solely responsible for reviewing and approving AI-generated recommendations before implementation.
  • Ethical Use of AI: Customers must ensure the Services are deployed responsibly, in line with the Responsible AI Policy and applicable regulations.

11. Term and Termination

  • Term: These Terms apply from installation until terminated.
  • Termination by Customer:
    • Customers on a monthly plan may cancel at any time; cancellation takes effect at the end of the billing cycle.
    • Customers on a yearly plan may cancel at any time; however, the subscription remains active until the end of the contract term. Yearly subscriptions automatically renew for another year unless the Customer provides written notice of termination at least two (2) months prior to the renewal date.
    • Early cancellation of a yearly subscription does not entitle the Customer to a refund of prepaid fees.
  • Termination by loadmaster.ai: We may terminate if you materially breach these Terms or misuse the Services. Immediate termination may occur if Services are used unlawfully.
  • Effect of Termination: All rights granted under these Terms cease immediately. Certain provisions (confidentiality, liability, data) survive termination.
  • Data Portability and Deletion: Customer is responsible for exporting and backing up operational data. loadmaster.ai will not retain Customer Data after termination except as required for legal or support obligations.

12. Disclaimer of Warranties

  • Software Provided “As Is”: Except as explicitly set out in the SLA, loadmaster.ai provides the Services without warranty of uninterrupted operation or fitness for a particular purpose.
  • Support Commitment: For paid Services, loadmaster.ai warrants delivery of updates and support in line with the SLA.

13. Limitation of Liability

loadmaster.ai will not be liable for indirect or consequential damages. Total liability is capped at the fees paid by Customer in the 12 months preceding the claim.

14. Indemnification

  • Customer Indemnity: Customer indemnifies loadmaster.ai against claims arising from misuse of the Services or unlawful use of Customer Data.
  • loadmaster.ai Indemnity: We indemnify Customer against claims that the Services infringe intellectual property rights or arise from gross negligence.

15. Governing Law and Jurisdiction

These Terms are governed by Dutch law. Any disputes will be resolved exclusively in the courts of Rotterdam, Netherlands.

16. Miscellaneous

  • Entire Agreement: Includes these Terms, SLA, Acceptable Use Policy (if applicable), Responsible AI Policy, and Shared Responsibility Addendum.
  • Severability: If a clause is invalid, the remainder stays in effect.
  • Waiver: Failure to enforce rights does not waive them.
  • Assignment: Customers may not transfer rights without consent; loadmaster.ai may assign freely.
  • Notices: Must be in writing, by hand, email, or registered mail.

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