TERMS OF USE

Storm Technology Limited
Last Updated: June 2026
Version: 1.0

These Terms of Use ("Terms") govern your access to and use of the platforms, software, and services operated by Storm Technology Limited ("Storm Technology", "we", "us", or "our"), including SeaRoster.com, SARRoster.com, EMRoster.com, AquaRoster.com, and SeaTrack.io (collectively, the "Services" or individually, each a "Platform").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

If you are accepting these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refers to that entity.

1. DEFINITIONS

In these Terms, the following words and expressions have the following meanings:

"Account" means the account created by a User to access and use the Services.

"Administrator" means a User designated by an Organisation to manage the Organisation's Account, including managing User access, permissions, and settings.

"Confidential Information" means any non-public information disclosed by one party to the other in connection with these Terms that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

"Content" means any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other materials that a User submits, posts, uploads, or otherwise transmits through the Services.

"Documentation" means any user guides, help articles, FAQs, and other technical documentation made available by Storm Technology relating to the Services.

"Effective Date" means the date on which you first access or use the Services, or the date you accept these Terms, whichever is earlier.

"Fees" means all amounts payable by you in connection with your subscription to or use of the Services, as set out in the applicable Order Form or on the relevant pricing page of the Platform.

"Intellectual Property Rights" means all patents, trade marks, service marks, trade names, copyright, database rights, moral rights, design rights, rights in computer software, trade secrets, know-how, and all other intellectual property rights, whether registered or unregistered, and including applications for registration of any of the foregoing.

"Order Form" means any order form, subscription agreement, statement of work, or similar document entered into between you and Storm Technology that sets out the Services to be provided and the applicable Fees.

"Organisation" means a company, entity, or group that subscribes to the Services on behalf of multiple Users.

"Personal Data" has the meaning given to "personal information" under the Privacy Act 2020 (New Zealand).

"Platform" means any one of SeaRoster.com, SARRoster.com, EMRoster.com, AquaRoster.com, and SeaTrack.io, and includes all associated software, applications, APIs, websites, and features.

"Services" means all products, software, platforms, features, tools, and services provided by Storm Technology, including the Platforms and any related APIs, integrations, and support services.

"Subscription" means a recurring paid licence to access and use the Services for a defined subscription period, as set out in the applicable Order Form or on the Platform.

"Subscription Period" means the period for which you have subscribed to the Services, as specified at the time of purchase.

"Third-Party Services" means any third-party software, applications, services, or platforms that integrate with or are accessible through the Services.

"User" means any individual who accesses or uses the Services, whether as an individual subscriber or as a member of an Organisation's Account.

2. ACCEPTANCE OF TERMS

2.1 Agreement

By accessing, registering for, or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available on each Platform), which is incorporated into these Terms by reference.

2.2 Updates to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on the applicable Platform and, where practicable, by sending an email notification to the address associated with your Account. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must cease using the Services.

2.3 Additional Terms

Certain features, services, or promotions may be subject to additional terms and conditions, which will be presented to you at the relevant time. Those additional terms are incorporated into these Terms by reference. In the event of a conflict between these Terms and any additional terms, the additional terms will prevail in respect of the relevant feature or service, unless otherwise specified.

3. DESCRIPTION OF SERVICES

3.1 Overview

Storm Technology operates the following Platforms, each designed to serve specific operational and workforce management needs:

SeaRoster.com — A crew management and rostering platform for maritime operators, vessel operators, and seafarers.
SARRoster.com — A rostering and scheduling platform for search and rescue (SAR) organisations, emergency response teams, and volunteer groups.
EMRoster.com — A workforce scheduling and rostering platform for emergency management organisations, councils, and emergency services.
AquaRoster.com — A rostering and scheduling platform for aquatic centres, boating clubs, and outdoor education providers.
SeaTrack.io — A vessel tracking and fleet management platform providing real-time monitoring, voyage logging, and operational data tools.

3.2 Service Availability

We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, we do not guarantee continuous, uninterrupted, or error-free access to the Services. The Services may be temporarily unavailable due to scheduled maintenance, emergency maintenance, system upgrades, third-party failures, or circumstances beyond our reasonable control.

3.3 Modifications to Services

We reserve the right at any time and from time to time, with or without notice, to modify, suspend, or discontinue all or any part of the Services (including any features or functionality). We will use commercially reasonable efforts to provide advance notice of material changes where practicable. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3.4 Beta Features

We may, from time to time, offer access to features or functionality that are in beta, preview, or early access phases ("Beta Features"). Beta Features are provided on a strictly AS-IS basis without warranty of any kind. We may withdraw or modify Beta Features at any time without notice or liability. Beta Features should not be relied upon for mission-critical or operational purposes.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Registration

To access the Services, you must create an Account by providing accurate, current, and complete information as prompted during the registration process. You agree to maintain and promptly update your Account information to keep it accurate, current, and complete.

4.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username and password. You agree to:

Use a strong, unique password for your Account;
Enable any multi-factor authentication features where available;
Not share your Account credentials with any third party;
Immediately notify us at security@stormtechnology.io (or the applicable Platform support address) of any actual or suspected unauthorised use of your Account or any other security breach; and
Log out of your Account at the end of each session.

4.3 Account Responsibility

You are responsible for all activity that occurs under your Account, whether or not you authorised that activity. We will not be liable for any loss or damage arising from your failure to maintain the security of your Account.

4.4 Organisational Accounts

Where you are an Administrator of an Organisation Account, you are responsible for: managing User access and permissions within your Organisation; ensuring that all Users within your Organisation comply with these Terms; and maintaining the confidentiality of any organisational credentials. You accept liability for actions taken by Users under your Organisation's Account as if those actions were your own.

4.5 Account Suspension

We reserve the right to suspend or terminate your Account at any time if we reasonably believe that you or any User associated with your Account has violated these Terms or applicable law.

5. SUBSCRIPTIONS, FEES, AND PAYMENT

5.1 Subscription Plans

Access to the Services is provided on a subscription basis. The features, limitations, and pricing of each subscription plan are as described on the applicable Platform's pricing page or in any applicable Order Form at the time of purchase. We reserve the right to change subscription plans and pricing at any time, subject to providing reasonable notice to existing subscribers.

5.2 Payment Obligations

By subscribing to the Services, you agree to pay all applicable Fees in accordance with the payment terms specified at the time of purchase or in the applicable Order Form. All Fees are stated in the currency specified on the Platform or in the Order Form and are exclusive of any applicable taxes unless expressly stated otherwise.

5.3 Billing and Renewal

Subscriptions are billed in advance on a recurring basis (monthly, annually, or as otherwise specified). Unless you cancel your Subscription before the end of the then-current Subscription Period, your Subscription will automatically renew at the then-current applicable rate. You authorise us (or our designated payment processor) to charge your nominated payment method for all applicable Fees on renewal.

5.4 Price Changes

We reserve the right to change our Fees at any time. For existing subscribers, we will provide at least 30 days' notice of any Fee increase before it takes effect. Your continued use of the Services after a price change constitutes your acceptance of the new Fees. If you do not accept the new Fees, you may cancel your Subscription before the change takes effect.

5.5 Taxes

You are responsible for all taxes, levies, or duties imposed by taxing authorities in connection with your use of the Services, excluding taxes based on our net income. If Storm Technology is required to collect or pay taxes on your behalf, such amounts will be invoiced to you and you agree to pay them.

5.6 Late Payment

If any Fees are not paid by the due date, we reserve the right to suspend or terminate your access to the Services without notice. Amounts outstanding after the due date may attract interest at a rate of 1.5% per month (or the maximum rate permitted by applicable law, if lower), calculated on a daily basis from the due date until payment in full is received.

5.7 No Refunds

Except as expressly required by applicable law (including the Consumer Guarantees Act 1993 (New Zealand) where applicable), all Fees are non-refundable. There will be no refunds or credits for partial periods of use, downgrade refunds, or refunds for periods where the Services were not used. We have no obligation to provide refunds or credits for any reason.

5.8 Free Trials

If we offer a free trial of the Services, the free trial will be subject to any additional terms communicated at the time of sign-up. At the end of the free trial period, your access will automatically convert to a paid Subscription unless you cancel before the end of the trial period, at which point you will be charged at the applicable rate. We reserve the right to terminate a free trial at any time and for any reason.

5.9 Disputed Charges

If you believe a charge is incorrect, you must contact us within 30 days of the charge appearing on your billing statement. We will investigate and, if appropriate, apply a credit or issue a refund. After 30 days, all charges are considered final and non-disputable.

6. ACCEPTABLE USE POLICY

6.1 Permitted Use

You may use the Services solely for your lawful internal business or personal operational purposes, in accordance with these Terms and all applicable laws and regulations.

6.2 Prohibited Conduct

You must not, and must not permit any User or third party to:

(a) Use the Services in any manner that violates any applicable local, national, or international law or regulation, including but not limited to data privacy laws, export control laws, and regulations applicable to the maritime, emergency services, or search and rescue sectors;

(b) Use the Services to transmit, distribute, or store any Content that is unlawful, defamatory, obscene, pornographic, abusive, threatening, harmful, or otherwise objectionable;

(d) Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers;

(e) Attempt to probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

(f) Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or underlying algorithms of the Services;

(g) Use any automated means, including scraping, crawling, or data mining tools, to access the Services or extract data from them, except as expressly permitted by these Terms or with our prior written consent;

(h) Introduce any viruses, Trojan horses, worms, logic bombs, ransomware, or other material that is malicious or technologically harmful;

(i) Use the Services in a manner that could damage, disable, overburden, or impair the Services or servers or networks connected to the Services, or interfere with any other User's use and enjoyment of the Services;

(j) Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

(k) Collect, harvest, or store Personal Data about other Users without their express consent and without a lawful basis under applicable privacy law;

(l) Use the Services to provide services to third parties in a manner that competes with the Services without our prior written consent;

(m) Sublicense, resell, transfer, assign, or otherwise deal in your rights to access or use the Services without our prior written consent; or

(n) Use the Services for any purpose that could bring Storm Technology into disrepute.

6.3 Enforcement

We reserve the right, but are under no obligation, to monitor use of the Services for compliance with this Acceptable Use Policy. We may, in our sole discretion, remove, disable, or restrict access to any Content or User Account that we reasonably believe violates this policy, without prior notice and without liability.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Storm Technology's Intellectual Property

The Services and all content, features, functionality, software, code, databases, trade marks, logos, and other materials made available through the Services are owned by Storm Technology or its licensors and are protected by copyright, trade mark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any right, title, or interest in or to the Services or our Intellectual Property Rights, except as expressly set out herein.

7.2 Limited Licence to Use

Subject to your compliance with these Terms and timely payment of all applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services solely for your internal business purposes during the applicable Subscription Period. This licence does not include the right to: resell or commercially exploit the Services; copy, adapt, modify, or create derivative works of the Services; frame or mirror the Services on any other website or platform; or access the Services for the purpose of building a competitive product or service.

7.3 User Content

You retain ownership of any Content you submit to the Services. By submitting Content, you grant us a worldwide, royalty-free, non-exclusive licence to use, copy, store, process, and display your Content solely to the extent necessary to provide, maintain, and improve the Services.

You represent and warrant that: you own or have the necessary rights to the Content you submit; the Content does not infringe any third-party Intellectual Property Rights; and your submission of Content complies with all applicable laws and these Terms.

7.4 Feedback

If you provide us with any suggestions, ideas, feedback, or recommendations regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use, incorporate, and commercialise such Feedback without restriction and without any obligation to you. We have no obligation to implement or respond to any Feedback.

7.5 Trade Marks

"Storm Technology", "SeaRoster", "SARRoster", "EMRoster", "AquaRoster", "SeaTrack", and all related logos and product names are trade marks or registered trade marks of Storm Technology Limited. You may not use our trade marks without our prior written consent.

8. DATA AND PRIVACY

8.1 Privacy Policy

Our collection, use, storage, and disclosure of Personal Data is governed by our Privacy Policy, which is available on each Platform. The Privacy Policy is incorporated into these Terms by reference. By using the Services, you acknowledge and agree to our data practices as described in the Privacy Policy.

8.2 Your Data

As between you and Storm Technology, you own your data and Content. You are responsible for ensuring that any data you submit to the Services is accurate, lawfully collected, and that you have all necessary rights and consents to submit it to the Services and for us to process it as contemplated by these Terms and our Privacy Policy.

8.3 Data Security

We implement industry-standard technical and organisational measures to protect your data against unauthorised access, loss, or destruction. However, no method of transmission over the internet or method of electronic storage is completely secure. We do not warrant or guarantee the security of your data, and we will not be liable for any unauthorised access to or alteration of your data or Content except to the extent directly caused by our gross negligence or wilful misconduct.

8.4 Data Retention

We will retain your data for as long as your Account is active or as needed to provide the Services. Upon termination of your Subscription or Account, we may retain your data for a commercially reasonable period to comply with legal obligations, resolve disputes, and enforce our agreements. You may request deletion of your data in accordance with our Privacy Policy, subject to any legal obligations we have to retain it.

8.5 Data Processing Agreement

Where you use the Services to process Personal Data on behalf of your Organisation's customers, employees, or other individuals, and such processing means you act as a data controller and we act as a data processor under applicable privacy law (including the Privacy Act 2020 (New Zealand)), separate data processing terms may apply. Please contact us to discuss data processing requirements.

8.6 Anonymised and Aggregated Data

We may collect, generate, and use anonymised, aggregated, or de-identified data derived from your use of the Services for the purposes of improving the Services, developing new features, and producing industry benchmarks and analytics. Such anonymised and aggregated data will not identify you or any individual User and is not subject to the restrictions in these Terms regarding your data.

9. DATA PROCESSING AND ARTIFICIAL INTELLIGENCE

9.1 AI-Powered Features

Certain Services may incorporate artificial intelligence, machine learning, or automated processing features ("AI Features") to analyse data, generate suggestions, produce outputs, or automate workflows. AI Features are provided as tools to assist decision-making and are not intended to replace human judgment.

9.2 No Reliance on AI Outputs

AI-generated outputs, recommendations, suggestions, predictions, or analyses provided by the Services are for informational purposes only and must not be relied upon as professional advice or as the sole basis for any operational, safety-critical, or high-stakes decisions. You acknowledge that AI Features may produce inaccurate, incomplete, or inappropriate outputs, and you accept full responsibility for evaluating and verifying all AI-generated outputs before acting on them.

9.3 AI and Safety-Critical Operations

You acknowledge that certain Platforms (including SARRoster.com, EMRoster.com, and SeaTrack.io) may be used in connection with emergency response, search and rescue, and maritime safety operations. You accept sole responsibility for all operational decisions made using the Services, including decisions assisted or informed by AI Features. Storm Technology expressly disclaims any liability for any loss of life, personal injury, property damage, or other harm arising from reliance on AI-generated outputs in safety-critical or emergency situations.

9.4 Data Used to Improve AI Features

To the extent that data submitted to the Services is used to improve, train, or refine AI Features, such use will be described in our Privacy Policy. We will not use your identifiable Personal Data to train AI models that are made available to third parties without your express consent.

10. THIRD-PARTY SERVICES AND INTEGRATIONS

10.1 Third-Party Integrations

The Services may integrate with, link to, or enable access to Third-Party Services, including mapping services, vessel tracking providers, payment processors, single sign-on providers, and other software platforms. Such Third-Party Services are provided by independent third parties and are not under our control.

10.2 No Endorsement

The inclusion of Third-Party Services in or accessible through the Services does not constitute our endorsement, approval, or recommendation of those Third-Party Services or their providers. We make no representations or warranties regarding the reliability, availability, accuracy, or suitability of any Third-Party Services.

10.3 Third-Party Terms

Your use of Third-Party Services may be subject to the terms of service and privacy policies of the relevant third-party providers. You are responsible for reviewing and complying with any applicable third-party terms. We are not responsible for any acts or omissions of any third-party provider.

10.4 Liability for Third-Party Services

We are not liable for any loss, damage, or expense (whether direct, indirect, or consequential) arising from or in connection with your use of, or inability to use, any Third-Party Services, regardless of the cause. This limitation applies even if we have been advised of the possibility of such loss or damage.

10.5 Discontinuation of Integrations

We may add, modify, or remove integrations with Third-Party Services at any time without notice or liability. We do not guarantee the continued availability of any particular Third-Party Service integration.

11. DISCLAIMER OF WARRANTIES

11.1 AS-IS Basis

THE SERVICES (INCLUDING ALL PLATFORMS, FEATURES, AI FEATURES, CONTENT, SOFTWARE, APIs, AND ANY OTHER MATERIALS PROVIDED BY STORM TECHNOLOGY) ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

11.2 No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STORM TECHNOLOGY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

(a) Any implied warranty of merchantability, fitness for a particular purpose, satisfactory quality, title, or non-infringement;

(b) Any warranty that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components;

(c) Any warranty as to the accuracy, completeness, reliability, currency, or usefulness of any information or Content available through the Services, including any data, outputs, recommendations, or reports generated by the Services or any AI Features;

(d) Any warranty that defects or errors in the Services will be corrected;

(e) Any warranty that the Services will meet your requirements or expectations;

(f) Any warranty arising from a course of dealing, course of performance, or usage of trade; and

(g) Any other warranty of any kind.

11.3 Consumer Guarantees Act and Fair Trading Act

Where you acquire the Services for the purposes of a business (as defined in the Consumer Guarantees Act 1993 (New Zealand)), you agree that the Consumer Guarantees Act 1993 does not apply to your use of the Services. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, imposed by the Fair Trading Act 1986 (New Zealand) or any other applicable law to the extent that such exclusion would be unlawful.

11.4 No Advice or Recommendations

The Services are tools designed to assist with operational planning, scheduling, and management functions. Nothing contained in or provided through the Services constitutes professional, legal, regulatory, maritime safety, emergency management, or any other expert advice or recommendation. You should not rely on the Services as a substitute for qualified professional advice relevant to your specific circumstances.

11.5 Operational Responsibility

You acknowledge and agree that you retain full responsibility for: the accuracy of all data entered into the Services; the review and validation of all outputs, reports, and recommendations generated by the Services; all operational and safety-critical decisions made in reliance on or in connection with the Services; compliance with all applicable laws, regulations, codes of practice, and operational standards relevant to your industry and use case; and the fitness of the Services for your specific operational context.

12. LIMITATION OF LIABILITY

12.1 Exclusion of Consequential Loss

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STORM TECHNOLOGY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

(a) Any indirect, incidental, special, consequential, punitive, or exemplary loss or damage;

(b) Any loss of revenue, profits, or anticipated savings;

(c) Any loss of business, contracts, goodwill, or reputation;

(d) Any loss of data or information (including any loss of Content);

(e) Any operational loss, including disruption to maritime operations, search and rescue operations, or emergency management activities;

(f) Any loss of life or personal injury arising from reliance on the Services (save where such loss is directly caused by our gross negligence or wilful misconduct);

(g) Any cost of procurement of substitute goods or services; or

(h) Any other loss or damage of any kind,

whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not Storm Technology has been advised of the possibility of such loss or damage.

12.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STORM TECHNOLOGY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF:

(a) THE TOTAL FEES ACTUALLY PAID BY YOU TO STORM TECHNOLOGY IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(b) ONE HUNDRED NEW ZEALAND DOLLARS (NZD $100.00).

12.3 Essential Basis

You acknowledge that the limitations and exclusions of liability in this clause reflect a fair allocation of risk, are an essential element of the basis of the bargain between the parties, and that Storm Technology would not have entered into these Terms or provided the Services on the terms set out herein without those limitations. The Services would not be commercially available to you at the pricing offered without these limitations.

12.4 Multiple Claims

The limitation in clause 12.2 applies collectively to all claims, whether brought simultaneously or successively, and whether based on the same or different grounds or causes of action.

12.5 Statutory Rights

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law (including under the Fair Trading Act 1986 (New Zealand) or the Consumer Guarantees Act 1993 (New Zealand) where applicable to consumers).

13. INDEMNIFICATION

13.1 Your Indemnity

You agree to indemnify, defend, and hold harmless Storm Technology and its directors, officers, employees, agents, licensors, and suppliers from and against any and all claims, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) Your use of, or inability to use, the Services;

(b) Your violation of these Terms or any applicable law or regulation;

(d) Any claim by a third party arising from your use of the Services or your operational decisions made in connection with the Services;

(e) Your violation of any Intellectual Property Rights or other rights of any third party; or

(f) Any actual or alleged breach by a User within your Organisation of these Terms.

13.2 Indemnification Procedure

We reserve the right, at our own expense, to assume exclusive control of the defence of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.

14. TERM AND TERMINATION

14.1 Term

These Terms commence on the Effective Date and continue until your Subscription expires or is terminated in accordance with these Terms.

14.2 Cancellation by You

You may cancel your Subscription at any time through your Account settings or by contacting us at the support address for the applicable Platform. Cancellation will take effect at the end of the then-current Subscription Period. You will retain access to the Services until the end of the paid period. We do not provide refunds for any remaining unused portion of a Subscription Period, except as required by applicable law.

14.3 Termination by Storm Technology

We may, in our sole discretion, suspend or terminate your access to the Services (in whole or in part) at any time, with or without notice, if:

(a) You breach these Terms or any applicable law;

(b) You fail to pay any Fees when due;

(d) We are required to do so by law or a regulatory authority; or

(e) We decide to discontinue the Services or any part thereof.

Where we terminate your access due to a breach by you, you will not be entitled to any refund of Fees paid.

14.4 Effect of Termination

Upon expiry or termination of these Terms or your Subscription:

(a) Your right to access and use the Services will cease immediately;

(b) You must cease all use of the Services and promptly delete or destroy any copies of Documentation in your possession;

(c) We may delete your Account and any Content associated with it after a reasonable transition period (typically 30 days), unless required by law to retain it; and

(d) All provisions of these Terms that by their nature should survive termination will survive, including clauses relating to intellectual property, disclaimers of warranties, limitations of liability, indemnification, and governing law.

14.5 Data Export

We will use commercially reasonable efforts to allow you to export your data from the Services prior to account deletion. We recommend that you export all data you wish to retain before cancelling your Subscription.

15. CONFIDENTIALITY

15.1 Mutual Confidentiality Obligations

Each party agrees to: keep the other party's Confidential Information strictly confidential; use the other party's Confidential Information solely for the purposes of these Terms; and not disclose the other party's Confidential Information to any third party without the prior written consent of the disclosing party, except as permitted below.

15.2 Permitted Disclosures

A party may disclose Confidential Information to its employees, contractors, and advisors who have a need to know such information for the purposes of these Terms and who are bound by confidentiality obligations at least as protective as these Terms. A party may also disclose Confidential Information to the extent required by law, court order, or regulatory authority, provided that (where practicable) the disclosing party provides the other party with prompt written notice and reasonable assistance to seek a protective order.

15.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure without restriction; (c) is independently developed by the receiving party without use of or reference to the Confidential Information; or (d) is lawfully received by the receiving party from a third party without restriction.

16. MODIFICATIONS TO THE SERVICES AND TERMS

16.1 Service Changes

We continually evolve and improve the Services. We may add, modify, or remove features, functionality, integrations, or specifications at any time. We will endeavour to provide reasonable notice of material changes that materially diminish existing functionality, but we are under no obligation to do so for minor changes or improvements.

16.2 Terms Changes

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the applicable Platform, except that material changes will be notified to you at least 14 days in advance (via email or in-platform notice) where practicable. Your continued use of the Services after the effective date of any modified Terms constitutes your acceptance of those modified Terms. If you do not agree to the modified Terms, your sole remedy is to cease using the Services and cancel your Subscription in accordance with clause 14.2.

17. GOVERNING LAW AND JURISDICTION

17.1 Governing Law

These Terms and any dispute, controversy, or claim arising out of or in connection with them (including their formation, validity, breach, or termination) are governed by the laws of New Zealand, without regard to its conflict of law principles.

17.2 Jurisdiction

The parties submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute, claim, or matter arising out of or in connection with these Terms or the Services. Nothing in this clause prevents Storm Technology from seeking urgent injunctive or other equitable relief in any jurisdiction.

17.3 No Waiver of Regulatory Compliance

Nothing in this clause derogates from any obligations you may have to comply with applicable laws and regulations in your own jurisdiction, including industry-specific regulations applicable to maritime operations, emergency management, and search and rescue activities.

18. DISPUTE RESOLUTION

18.1 Informal Resolution

Before initiating any formal dispute resolution procedure, the parties agree to attempt to resolve any dispute arising out of or in connection with these Terms informally. Either party may give written notice of a dispute to the other, and the parties will then attempt in good faith to resolve the dispute within 30 days of that notice. If the dispute is not resolved within that period, either party may proceed with formal resolution.

18.2 Mediation

If the parties are unable to resolve a dispute informally, either party may propose mediation. Any mediation will be conducted under the Mediation Rules of the New Zealand Law Society (or such other mediation body as the parties may agree) by a mediator agreed upon by the parties, or if the parties cannot agree, appointed by the President of the New Zealand Law Society.

18.3 Litigation

Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction, nor does it affect any right a party may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other applicable legislation.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms (together with our Privacy Policy, any Order Form, and any additional terms applicable to specific features or promotions) constitute the entire agreement between you and Storm Technology with respect to the Services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings between the parties relating to the Services.

19.2 No Waiver

No failure or delay by either party in exercising any right, power, or remedy under these Terms will operate as a waiver of that right, power, or remedy. A waiver of any breach of these Terms will not constitute a waiver of any subsequent breach.

19.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable or, if it cannot be made enforceable, will be severed from these Terms. The remaining provisions will continue in full force and effect.

19.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms to any successor entity or in connection with a merger, acquisition, corporate restructure, or sale of all or substantially all of our assets, without your consent.

19.5 Notices

Notices to us under these Terms must be sent in writing to Storm Technology Limited at the registered office address or by email to legal@stormtechnology.io (or the applicable support email published on the relevant Platform). Notices to you will be sent to the email address associated with your Account. Notices sent by email are deemed received when transmitted, provided no delivery failure notification is received.

19.6 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, cyberattack, infrastructure failure, or acts or omissions of third-party service providers. We will use commercially reasonable efforts to minimise the impact of and overcome any force majeure event.

19.7 Relationship of the Parties

Nothing in these Terms creates or implies any partnership, joint venture, agency, franchise, or employment relationship between the parties. You have no authority to make or accept any offer or representation on our behalf.

19.8 No Third-Party Beneficiaries

These Terms are for the benefit of the parties only. They do not create any rights in favour of any third party, and no third party may enforce any provision of these Terms.

19.9 Interpretation

In these Terms: headings are for convenience only and do not affect interpretation; the singular includes the plural and vice versa; references to a party include its successors and permitted assigns; "including" and "includes" are not words of limitation; and references to legislation include amendments and replacements.

19.10 Language

These Terms are drafted in English and all communications under or in connection with these Terms shall be in English. Any translation is for convenience only; in the event of any inconsistency, the English version prevails.

20. CONTACT INFORMATION

If you have any questions about these Terms, please contact Storm Technology Limited:

Storm Technology Limited
Milford, Auckland 0620
New Zealand

General Enquiries: support@stormtechnology.io
Legal / Terms: legal@stormtechnology.io
Privacy: privacy@stormtechnology.io
Security: security@stormtechnology.io

For platform-specific support, please use the contact details published on the relevant Platform.

These Terms were last updated on June 2026. Storm Technology Limited reserves the right to update these Terms at any time. Please check the applicable Platform for the most current version.