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© 2019 by Siren's Network. 

Terms of Service

 

Last modified: August 31, 2019

 

Siren's NET or Siren's Network (“Us” or “We”) provides the https://www.sirens.network  site and various related Services, like Facebook Messenger chatbot  m.me/sirens.network (collectively, the “Site”) to you (“You”), the user (“User”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “TOS”), as well as any other written agreement between us and you. In addition, when using particular services or materials on or related to this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this Site and related services after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of this Site and related services with actual knowledge of such modifications, or (ii) 30 days from publication of such modified TOS on this service. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the TOS in effect at the time such dispute arose.

Overview of our Services​

 

Siren's NET (Siren's Network) is an automated messaging tool (chatbot) developed on Messenger platform of Facebook and focused on provision of information and on nomination of maritime lawyers for legal actions in the arrest of sea-going vessels worldwide. This tool is powered by a machine learning and natural language processing engine that allows Users amongst other things to: i) identify a vessel; ii) track a ship position and other details of her voyage; iii) get initial conclusion on positive chances of arrest of a ship in certain jurisdiction; iv) nominate a chosen maritime lawyers on fixed legal service fees; v) get a generated legal service agreement with nominated lawyers; vi) get an information on prediction of next port of a vessel's calling; vii) get a rating of maritime lawyers in certain port depending on statistic collected by the Site (will be available after necessary data collected). 

The “Service” does not include Your Data (as defined below) or any software application or Service that is provided by you or a third party, which you use in connection with the Service. Any modifications and new features added to the Service are also subject to this TOS. Siren's NET reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Siren's NET.

 

DISCLAIMER: You understand and agree that the chatbot Siren's NET and related electronic Services do not provide legal advice, either through the website, the bot, or any other Services. This chatbot should not be used instead of legal consultation with your legal councel. The Services and content do not substitute for professional legal advice. You understand that the Services we provide is for information purposes only; it is not legal advice! You assume full responsibility for the use of any information obtained through our Services.

If you use our chatbot, we will ask you to expressly agree to these TOS.

 

You must be at least 18 years of age to use our Service; by using our Service or agreeing to these TOS, you warrant and represent to us that you are at least 18 years of age.

 

Our website uses cookies; by using our website or agreeing to these TOS, you consent to our use of cookies in accordance with the terms of our cookies policy.

 

All the copyright and other intellectual property rights in our Service and the material on our Service are reserved.

Restrictions

Except as expressly provided by these TOS, you must not edit or otherwise modify any material on our Service.

Unless you own or control the relevant rights in the material, you must not: (i) republish material from our Service (including republication on another website or chatbot), (ii) sell, rent or sub-license material from our Service, (iii) exploit material from our Service for a commercial purpose, or (iv) redistribute material from our Service.

 

We reserve the right to restrict access to areas of our Service, or indeed our whole Service, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures in our Service.

 

You must not:

(a)    use our Service in any way or take any action that causes, or may cause, damage to the Service or impairment of the performance, availability or accessibility of the Service;

(b)    use our Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Service without our express written consent;

(e)    decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services

 

Chatbot account

 

To use the Service, the User must first create a Facebook User account and login into Facebook Messenger by following the procedure described for this purpose on the Facebook.

 

The User alone is responsible for keeping the access codes to their account, and Siren's NET declines all liability if the Service is used by a person other than the User or a person authorized by the latter, possessing the usernames and passwords to the User’s Facebook account.

You must not allow any other person to use your account to chat with the bot.

 

You must notify us in writing immediately if you become aware of any unauthorised use of your chatbot account.

You must not use any other person's chatbot account to access the chatbot.

Fees

Our fee: we do not charge for our Standard plan of Service, it is free to all users. The only payable service we will propose is the Premium subscription plan "Hunting Mode". For now this subscription plan is not available yet - we will advise users once we have opened that proposition.   

 

You can opt to upgrade or downgrade your service agreement to any other contract agreement that Siren's NET is currently offering for sale at any time during your contract term:

(i) To the extent you use the Hunting Mode plan that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Siren's NET in accordance with the terms set forth on the Site and these TOS, and you authorize Siren's NET or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.

(ii) If you dispute any charges you must let Siren's NET know within sixty (60) days after the date that Siren's NET bills you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. Siren's NET may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 5.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than Ukrainian taxes based on Siren's NET net income.

 

(iii) At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via Siren's NET chatbot. Any cancellation issued via the Site must be done at least one (1) day prior to the end of the contract term.

(iv) Only Services and features clearly indicated as “free” or “no charge” are free or without charge. It is not the responsibility of Siren's NET to provide free support for you in the use and operation of Siren's NET. All other applications, features, functionality and support provided by Siren's NET are provided for the fees described for each service on the Site (“Fees”) or via the chatbot and you are liable for such Fees.

 

(v) If you purchase any Services that we offer for a Fee, you agree to Siren's NET, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (a) a corresponding Fee for any applicable Services billed on a daily/monthly/yearly or fixed basis, (b) any other Fees for Services you may purchase, and (c) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.

 

Legal services fee: We do not provide legal service! 

The legal services like ship arrest or written legal advice for fixed price are being offered by legal services providers - international lawyers. The chatbot will offer you a choice of our legal service providers' services  and its prices depending on a sea port where the legal action is to be undertaken. The legal fee will be also specified in an invoice or in a direct legal services agreement between you and your nominated lawyers. That agreement will be generated by us and is to be signed by you and your nominated lawyers. After the conclusion of the legal service agreement, all further relationships between you and your lawyers are regulated by the Client - Attorney relationship based on wording of the legal service agreement. 

Contract of Agency

 

The placement of your order for ship arrest or for legal advice within the Site is to be considered as the conclusion of contract of agency between you as the "Principal" and us as the "Agent". In that respect we are acting on your behalf and for your account towards the legal service providers.

 

The legal service fee mentioned above are initially payable as the deposit to our bank account as provided in our invoice generated by the chatbot after you placed your order within the Site.

Your funds will be deposited in our bank accounts until the nominated by you legal service provider confirmed in written their availability to undertake legal actions as your advocates and a vessel that is subject of arrest is still positioned in the same port as provided in your order. Once both mentioned conditions are met we shall immediately release the funds to the nominated lawyers. Before the release of the funds to the lawyers you may revoke your funds back to your bank account - in this case all bank charges for the return of the  funds are to be paid by you.

 

If the vessel left the port where the lawyers were nominated and your funds are being still kept in our bank account you may: (i) request the funds to be paid back; or (ii) leave it in our bank account for the arrest of the vessel in next convenient port of call. 

 

Third Party Payment Processors​

 

Siren's NET may use third party payment processors to assist it in processing your personally identifiable payment information securely. Such third party processors’ are required to have a privacy policy and security standards in place that are at least as protective of your information as those in our Privacy Policy. Payments may currently be  processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.

  • WayForPay

  • PayPal

  • Stripe

  

Termination of Service

This TOS will continue in full effect unless and until your Facebook account or this TOS is terminated as described herein. You have the right to deactivate your Premium subscription plan at any time by using the account deactivation interface in the chatbot.


 

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We may cancel your subscription for any or no reason immediately upon notice to you but, if we do, we will give you a prorated refund at the standard monthly rate for any time period for which you have already paid. Moreover:

(i) Services may be terminated by us, without cause, at any time.

(ii) Services may be terminated by you, without cause, by following the cancellation procedures set forth in the Term and Termination section.

(iii) Siren's NET may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.

(iv) Notice of termination of Services by Siren's NET may be sent to your Facebook Messenger account or to the contact email associated with your account. Upon termination, Siren's NET has the right to delete all data, files, or other information that is stored in your account.

 
Your Data Rights and Related Responsibilities

You may submit various types of information and data into the Services for scheduling and processing purposes (“Your Data”). Your Data means any data and content you transmit to Siren's NET or is otherwise made available via the Services. Your Data includes messages you send containing ship details, details of your claim, contact details and other information needed for conclusion of legal services agreement, profile information and anything else you enter or upload into the Service or Site. Siren's NET will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security. For more information on our current practices and policies regarding data privacy, security and confidentiality, please see our Privacy Policy; we keep that document updated as these practices and policies evolve over time.

In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you, to generate a legal service agreement and invoice, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the Service to you, only for the purpose of providing the Service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Google Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.

If any User sends us any feedback or suggestions regarding the Service, you grant Siren's NET an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.

Siren's NET reserves the right to use your name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential Siren's NET customers. For example, we might list you or your company on one of our webpages or Facebook and LinkedIn pages under lists of Siren's NET customers. We don’t want to list customers who don’t want to be listed, so you may send an email to info@sirens.network stating that you do not wish to be used as a reference.

You grant to us a non-exclusive, royalty-free licence to use and store your content for providing our Service to you.

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

You warrant and represent that your content will comply with these TOS.

Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content, and the use of your content by us in accordance with these terms and conditions, must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (d) infringe any right of confidence, right of privacy or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) be in contempt of any court, or in breach of any court order; (g) be in breach of racial or religious hatred or discrimination legislation; (h) be blasphemous; (i) be in breach of official secrets legislation; (j) be in breach of any contractual obligation owed to any person; (k) constitute spam; (l) cause annoyance, inconvenience or needless anxiety to any person.

Limitations and exclusions of liability

We do not warrant or represent: (i) the completeness or accuracy of the information published on our Service; (ii) that the material on the Service is up to date, especially vessel’s position and itinerary, because we receive that info from data companies; or (iii) that the Service will remain available.

We reserve the right to discontinue or alter any or all of our Services, and to stop publishing our Service, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Services, or if we stop publishing the Service.

Nothing in these TOS will: (a) limit or exclude any liability for fraud or fraudulent misrepresentation; (b) limit any liabilities in any way that is not permitted under applicable law; or (c) exclude any liabilities that may not be excluded under applicable law.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Services or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Amendments

We may revise these terms and conditions from time to time.

We will give you written notice of any revision of these terms and conditions through our chatbot if you are properly connected to our Service, and the revised terms and conditions will apply to the use of our Service from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Service

Severability

If any provisions of these TOS is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of these TOS will continue in effect.

If any unlawful and/or unenforceable provision of these TOS would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third-party Services

Our Service uses services of Google, Facebook Messenger, MarineTraffic.com, Coogle.it, Pipe Technology, Zapier.com. By using our Service, you agree to their terms of use and privacy policy.

We disclaim any liability to the fullest extent permitted by law for any possible damage caused by the usage of our products and Services with regard to the third parties services or third parties data. Any utilization or usage of their contents or their data takes place at one’s own risk. The assertion of any types of claims is therefore excluded.

    

Disputes

These terms and conditions shall be governed by and construed in accordance with Ukrainian law.

Any disputes related to these conditions are subject to the exclusive jurisdiction of the courts of Ukraine.

Our details

 

This Site is owned and operated by entrepreneur Vagif Mallayev, who provides his business activity under trademark “Siren’s NET”.

Our principal place of business is at Vorontsovsky lane 6, office 23, 65026, Odessa, Ukraine

You can contact us:

(a)    by post as above

(b)    by telephone, +380 981547822

(c)    by email using info[at]sirens[dot]network