1. About the App and Provider

1.1. Port Guide & Distances (the “App”) is a mobile application developed and operated by Marine Solutions SD Group (“we”, “us”, “our”).

1.2. The App currently provides two core modules:

• Port Guide – unofficial, descriptive port information compiled from publicly available sources and professional notes of mariners.
• Port Distances – port-to-port distance checks with a schematic route line and ETA estimation.

1.3. Core functionality is designed to work primarily offline. Routing data is generated from a combination of public, licensed and proprietary materials and professional maritime practice. The underlying database is an original compilation created and owned by Marine Solutions SD Group.

1.4. The App may also connect to our backend to:

• validate and restore purchases and subscriptions;
• synchronise your Global Profile across our ecosystem;
• store and update your user profile and Marcoin balance.

2. Eligibility and Acceptance of Terms

2.1. By installing, accessing or using the App, you:

• agree to be bound by these Terms of Use (“Terms”); and
• agree to comply with the applicable Apple App Store or Google Play Store rules and terms.

2.2. If you do not agree to these Terms, you must not install or use the App.

2.3. You represent that:

• you are at least the age of digital consent in your jurisdiction (and at least 16 years old), or you use the App under the supervision and with the consent of a parent or legal guardian; and
• you have the legal capacity and authority to enter into these Terms.

2.4. Nothing in these Terms limits any mandatory consumer rights you may have under applicable law (for example, in the EU/EEA or UK).

3. Account, Global Profile and Access

3.1. Certain features of the App may require or work best with a Global Profile account. A Global Profile is a user account that may be used across current and future applications and services within the Marine Solutions ecosystem.

3.2. When you create or use a Global Profile in the App, you agree that:

• your login credentials must be kept confidential;
• you are responsible for all activity that occurs under your account;
• you will promptly notify us if you suspect any unauthorised access.

3.3. You may be able to use some portions of the App without a Global Profile, but features related to synchronisation, subscriptions, Marcoin balance and cross-project use may require an account.

3.4. The processing of personal data related to your account and profile is governed by our Privacy Policy (as updated from time to time).

4. License

4.1. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to:

• download, install and run the App on a compatible Android or iOS device that you own or control;
• use the App for your own internal, professional or personal purposes, strictly as described in these Terms.

4.2. All rights not expressly granted to you are reserved by Marine Solutions SD Group and its licensors.

4.3. You may not sublicense, rent, lease, lend, sell, distribute or otherwise transfer the App or any rights granted under these Terms except as expressly permitted by law and platform rules.

5. Non-Affiliation and Sources

5.1. We are not affiliated with, sponsored by, or endorsed by any confidential or proprietary maritime database, hydrographic office or third-party navigation software.

5.2. Content in the App is compiled from:

• publicly available sources;
• appropriately licensed materials;
• professional maritime field notes and experience.

5.3. The App does not reproduce or mirror any proprietary third-party databases.

5.4. The routing database, structure of the data, and algorithms used in the App are proprietary to Marine Solutions SD Group and result from our independent compilation, processing and modelling of the sources described above.

6. Critical Safety Disclaimer — Not for Navigation

6.1. The App is provided for informational, educational and planning support purposes only.

6.2. The App provides unofficial, descriptive information and schematic routes. It is not a substitute for:

• official nautical charts and publications;
• Notices to Mariners (NtM);
• instructions from VTS, Harbour Masters, pilots or port authorities;
• company procedures or safety management systems;
• onboard ECDIS or any official navigation system.

6.3. You must not use the App:

• for primary navigation;
• for final route planning required for the safety of life, vessel or cargo;
• as the sole basis for operational decisions or safety-critical activities.

6.4. All distances, ETAs, ports and schematic routes provided in the App are approximate and must be verified against current official charts and publications and real-time information from relevant authorities.

6.5. By using the App, you acknowledge and agree that you remain solely responsible for navigation, safety, and compliance with all applicable regulations and company procedures.

7. Subscriptions, Billing and Refunds

7.1. The App may offer both free and paid features. Paid features are available via in-app purchases and subscriptions, processed by Google Play or Apple App Store.

7.2. Current subscription types include (names and availability may vary by region):

• Monthly;
• Quarterly;
• Half-Year;
• Annual.

Each subscription provides unlimited port views and distance calculations during the active subscription period, subject to fair use and technical limits.

7.3. Billing cycles, auto-renewal rules, free trials (if any), price changes, taxes and refunds are governed by the terms of the relevant app store:

• Google Play Terms of Service and associated policies;
• Apple Media Services Terms and Conditions and associated policies.

7.4. You can manage or cancel your subscriptions at any time through your Google Play or Apple ID account settings. We do not manage subscriptions on your behalf.

7.5. We do not process or store your full payment card details. All payment information is handled by Google or Apple as independent controllers.

7.6. Any refund requests must be submitted through the relevant app store, subject to its refund policies and applicable consumer law.

8. Virtual Currency — Marcoin

8.1. Marcoin is an in-app virtual currency used only within the App. It is not cryptocurrency, electronic money or legal tender.

8.2. Marcoin can be purchased through the App via the app stores in fixed packages (availability and prices may vary by region). Current packages include:

1. Trial – 8 Marcoin (24 port views, 8 distances);
2. Standard – 30 Marcoins (90 port views, 30 distances);
3. Professional – 60 Marcoins (180 port views, 60 distances);
4. Captain’s – 150 Marcoins (450 port views, 150 distances);
5. Fleet – 400 Marcoins (1200 port views, 400 distances).

8.3. The number of port views and distance calculations available from each package may change over time. The App will always display the current entitlements before you confirm a purchase.

8.4. Unless required by mandatory law or store rules:

• Marcoin has no real-world monetary value;
• Marcoin cannot be redeemed for real money or any monetary value;
• Marcoin is non-transferable between users (except where expressly allowed within the ecosystem);
• unused Marcoin and entitlements may expire or be lost if your account is deleted, suspended or if we discontinue the App.

8.5. We reserve the right, in our discretion and subject to applicable law and platform rules, to:

• adjust the Marcoin pricing, packages, or conversion rates;
• add, modify or remove Marcoin-based features;
• limit or refuse purchases in cases of suspected fraud, abuse or violation of these Terms.

9. Acceptable Use

9.1. You agree that you will not:

a) use the App for navigation, safety-critical decisions or as a substitute for official nautical information;
b) copy, modify, translate, adapt, reverse engineer, decompile, disassemble or create derivative works based on the App, except where such restrictions are prohibited by applicable law;
c) remove, obscure or alter any copyright, trademark or other proprietary notices;
d) use the App for unlawful purposes, to harass, threaten, defame or harm any person or organisation;
e) attempt to gain unauthorised access to any service, system or account;
f) circumvent or attempt to circumvent any technical protection measures, security features or usage limits;
g) use the App in a manner that could damage, disable, overburden or impair our infrastructure or interfere with other users.

9.2. We may investigate any suspected breach of these Terms and may cooperate with law enforcement authorities where required.

10. Content, Updates and Availability

10.1. We aim to provide useful, descriptive content, but the App and all information in it are provided “as is”. Information may be outdated, incomplete, approximate or incorrect.

10.2. We may, at any time and without prior notice:

• add, update, or remove ports, distances and other content;
• introduce new features or modify existing ones;
• discontinue or suspend any part of the App (including specific modules, subscription plans or Marcoin packages).

10.3. Temporary interruptions of the App may occur for maintenance, updates, security reasons or due to events beyond our reasonable control.

11. Third-Party Services, App Stores and Links

11.1. Your use of the App is also governed by the terms, policies and rules of:

• the Apple App Store if you use iOS;
• the Google Play Store if you use Android.

11.2. Where there is any conflict between these Terms and any mandatory platform terms, the platform’s mandatory terms will prevail to the extent of that conflict.

11.3. For iOS users: You acknowledge that Apple is not responsible for any maintenance or support services for the App and that Apple is a third-party beneficiary of these Terms as they relate to your use of the App on iOS devices.

11.4. The App or our website may contain links to third-party websites or services. We are not responsible for such third-party content, terms or privacy practices.

12. Intellectual Property

12.1. The App, including but not limited to software, source code, object code, UI design, text, graphics, logos, icons, databases, routing models and algorithms, is protected by copyright and other intellectual property laws.

12.2. All rights, title and interest in and to the App are owned by Marine Solutions SD Group or its licensors.

12.3. All third-party names, logos and trademarks are the property of their respective owners and are used in the App for identification purposes only.

12.4. You do not acquire any ownership rights in the App or its content by using the App or by purchasing subscriptions or Marcoin.

13. No Warranties

13.1. To the fullest extent permitted by applicable law, the App is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory.

13.2. Without limiting the generality of the above, we do not warrant that:

• the App will be accurate, complete, up-to-date, error-free or suitable for any particular purpose;
• the App will operate without interruption or be free from defects, viruses or other harmful components;
• any issues or defects will be corrected within a particular timeframe.

13.3. You are solely responsible for:

• verifying all information obtained through the App against official and up-to-date sources;
• ensuring safe navigation and compliance with all applicable regulations, company policies and instructions from competent authorities.

14. Limitation of Liability

14.1. To the maximum extent permitted by law, Marine Solutions SD Group, its affiliates, officers, employees, contractors and licensors will not be liable for any:

• indirect, incidental, special, consequential, punitive or exemplary damages;
• loss of profits, revenue, data, business, contracts, opportunities or goodwill;
• personal injury, property damage or environmental damage;

arising out of or in connection with your use of, or inability to use, the App or your reliance on its content.

14.2. Where liability cannot be excluded but can be limited under mandatory law, our total aggregate liability to you for all claims arising out of or relating to the App or these Terms will be limited to the amount you paid to us for the App and/or subscriptions during the current subscription period, if any.

14.3. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by gross negligence or wilful misconduct.

15. Indemnity

15.1. You agree to indemnify, defend and hold harmless Marine Solutions SD Group and its officers, employees, contractors and affiliates from and against any claims, demands, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• your breach of these Terms;
• your misuse of the App;
• your violation of any applicable law or the rights of any third party.

15.2. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.

16. Suspension and Termination

16.1. We may, at our discretion and without liability, suspend or terminate:

• your access to the App;
• certain features, subscriptions, or Marcoin functions;

if we reasonably believe that you have breached these Terms, engaged in fraud or abuse, or if required by law, regulation or an order from a competent authority.

16.2. Upon termination for breach, your licence to use the App will immediately cease, and we may delete or deactivate your account subject to applicable law and our Privacy Policy.

16.3. You may stop using the App at any time and may delete the App from your device. If you wish to request deletion of your Global Profile, you can contact us as described in the Privacy Policy.

17. Export Controls and Sanctions

17.1. You are responsible for compliance with any applicable export control and economic sanctions laws and regulations.

17.2. You may not use, export or re-export the App:

• into any country or region subject to comprehensive embargoes under EU, UK, US or other relevant laws;
• to any person or entity listed on applicable sanctions lists;
• in any manner that would cause us to violate applicable export or sanctions restrictions.

18. Governing Law and Dispute Resolution

18.1. These Terms and any dispute arising out of or relating to them or the App are governed by the laws of Ukraine, excluding its conflict-of-law rules.

18.2. The courts of Kyiv, Ukraine shall have exclusive jurisdiction to resolve any dispute, unless mandatory consumer protection laws of your country of residence provide you with the right to bring claims in your local courts.

18.3. Nothing in this clause limits your right to file a complaint with a competent consumer protection body or data protection authority where applicable.

19. Changes to These Terms

19.1. We may update these Terms from time to time. When we do so, we will update the “Last updated” date at the top.

19.2. Where changes are material, we may also notify you via the App or our website.

19.3. By continuing to use the App after the updated Terms become effective, you agree to be bound by the revised Terms. If you do not agree, you must stop using the App and uninstall it.

20. Contact Us

If you have any questions about these Terms of Use, please contact us:

Provider: Marine Solutions SD Group
Email: support@msdmarine.com
Website: www.msdmarine.com