TERMS OF USE FOR FOUNDATION TIDAL API ACCESS Note: All work the UKHO creates is protected by Crown copyright and/or database rights in the UK, and it is also protected elsewhere in the world through international treaties. Any reproduction, translation or adaption of UKHO material requires an official UKHO Copyright licence. Prior to using the Foundation – Tidal API you must apply for a copyright licence. More information can be found at www.ukho.gov.uk/copyright/index.aspx 1. Introduction The United Kingdom Hydrographic Office makes available access to tidal data (the “Data”) through an Application Programming Interface (the "API") for the purposes of displaying tidal heights and stations and such other related tidal information as it may make available from time to time. The Data is provided by the Secretary of State for Defence of the United Kingdom of Great Britain and Northern Ireland, acting by the United Kingdom Hydrographic Office (“UKHO”), located at Admiralty Way, Taunton, Somerset, TA1 2DN, United Kingdom. The UKHO’s VAT number is GB 888 8052 64. Your access to, and use of the Data through the API is subject to the terms, conditions and notices set out herein (the "Terms") and all applicable laws and regulations. By accessing the Data through the API, you are deemed to accept and be bound by the Terms. We may change the Terms from time to time and your continued use of the API after any such changes are made will indicate your agreement to those varied terms. Any changes to these Terms will be made on and updated at admiralty.co.uk or such other location identified on that site from time to time. For the purposes of the Terms "we", "our" and "us" refer to UKHO and any reference to "you" or “your" means you, the developer. 2. Ownership of Content All trade marks, copyright, database rights, design rights, patents and other intellectual property rights (together "the Rights") in the Data, the API and any materials that are made available through the API (together the "Materials") are owned by us or our licensors or are otherwise used by us as permitted by applicable law. Except where expressly set out in these Terms, nothing shall be construed as conferring in any way (express or implied) any licence or right to use any of our Rights or any third party’s rights. Where the Materials are owned, or licensed by a third party, certain restrictions may apply that you have to comply with. Your use of any Materials, except as provided in these Terms, without our written permission is strictly prohibited. The following acknowledgement shall be included, such that it is visible to end-users: “Contains ADMIRALTY ® tidal data: © Crown copyright and database right” This statement should be shown in accordance with the style guide made available within the Technical Overview document in the ADMIRALTY API Developer Portal. 3. Your Use of the API We grant you permission to use the Data through the API as follows: 1. you may in accordance with the use policy set out in clause 4, the obtained copyright licence and subject to any restrictions herein use the data and the API for the sole purpose of developing web or mobile applications for use by end-users on any platform, such that end-users are able to access the Data 2. no application developed by you using the API and the Data shall enable any end-user to copy, reproduce, sell, store in any medium (including in any website), transmit, re-transmit, make or otherwise use the Materials (including but not limited to “caching” any Data for access by any person and/or “mirroring” any Data); 3. you may not: 1. make any representation that any application developed by you using the API will satisfy the requirement for carriage of nautical publications by any vessel subject to such requirements, whether in accordance with the International Convention for Safety of Life at Sea or otherwise in accordance with any local law or similar regulatory measure; 2. without our prior written permission as expressly indicated in these Terms or otherwise in accordance with the Copyright, Designs and Patents Act 1988 copy, reproduce, republish, download, sell, store in any medium (including, but not limited to, "caching" any Data for access by Third Parties or "mirroring" any Data) outside of the Policy stated Section 5; 3. adopt the API as your own service or brand the API as your own for selling purposes; or 4. create a database in electronic or structured manual form by systematically downloading and storing any Data outside of the Policy stated in Section 5. 4. as a condition of your access to and use of the Data through the API (including the Materials within it), you warrant that you will not use the Data for any purpose that is prohibited by these Terms or could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, and you also warrant that you will tell us as soon as you become aware of any unlawful or prohibited access to the API and/or Data by any Third Parties; 5. you are responsible for complying with all local laws and regulations of the jurisdiction from which you access the Data through the API such that Data should not be accessed in any jurisdiction or location where, for any reason, the use of the Data is prohibited; 6. you may not misuse the Data and/or the API including, without limitation, by: (a) hacking; (b) obtaining or attempting to obtain unauthorised access (via whatever means) to any of our networks; (c) by taking any action that imposes an unreasonable or disproportionately large load on the Data or related infrastructure; or (d) by using any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Data and/or API (including but not limited to transmitting corrupt data or viruses via whatever means). 4. Usage Policy To enable the UKHO to manage and support the API product subscriptions we envisage that it is necessary to restrict the throughput and volume of data requests accessed by the applications developed by you. The API is made available to you on condition that you do not exceed the Fair Use Limits when such applications request Data. The Fair Use Limits applications developed by you shall: 1. make no more than 20,000 Data requests per month per subscription (maximum throughput); or 2. make no more than 20 Data requests per second per subscription (maximum volume). Exceeding these Fair Use limits will result in: 1. a 403 ‘Quota Exceeded’ Error message for breaching 20,000 Data requests per month [per subscription] 2. a 429 ‘Too Many Request’ Error message for breaching 20 Data requests per second [per subscription] The following time limits apply: 1. The Data can be cached for a period of no longer than 72 hours. 2. The Data stored should not be made available after 72 hours The UKHO shall have the right, at its sole discretion and at any time, to change or modify the Terms. Such change shall be effective immediately upon posting to the ADMIRALTY API Developer Portal. You are responsible for keeping up to date with changes to the Terms. By continuing to use the subscription you accept the Terms. 5. Service Availability and Compatibility We do not warrant that access to Data through the API will be available, uninterrupted or error-free, that defects will be corrected or that it is compatible with your computer, hardware or software. Access is permitted on a temporary basis. We will not be liable to you if for any reason access is unavailable at any time or for any period. The initial API service could be removed at any time and does not run indefinitely. The initial API service is released pending further additional and resilience improvements and may be suspended at any time whenever required. 6. Disclaimer We do not represent that either the Data or the API will comply with laws in all jurisdictions or locations. If you are in doubt, you should seek legal advice and, if necessary, stop using the Data and API immediately. You acknowledge that in respect of your use of the Data and/or API we shall not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, Data or the API. These Terms set out the full extent of our obligations and liabilities in respect of your use of the Data and/or API. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms. Any condition, warranty, representation or other term concerning your access to the Data which might otherwise be implied into, or incorporated in these Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law. Nothing in these Terms is intended to affect any statutory rights that you may have if you are using the Data pursuant to another agreement with us as a consumer for private use and not for commercial use. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. 7. Events outside our control We will not be liable or responsible for any failure to perform any obligations under these Terms, or for any delay in performance of any of our obligations that is caused by events outside our reasonable control. 8. Communications All notices given by you to us must be sent by e-mail to customerservices@ukho.gov.uk . We may contact you by using the e-mail you provide to us when registering for the API. By using the API, you consent to be contacted to request your feedback about the API or any future services. 9. Miscellaneous These Terms and any documents expressly referred to in them represent the entire agreement between us and supersede any previous agreement, understanding or arrangement between us in relation to accessing the Materials. If we decide to waive any breach of obligation arising under these Terms, then that does not mean that we have waived any other breach or any future breaches. All rights and remedies under these Terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement. If at any time any part of the Terms is determined to be invalid, illegal or unenforceable in any respect pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then that invalid, illegal or unenforceable part shall be severed from the remainder of the Terms and the validity, legality and enforceability of the remainder of the Terms shall not be affected or impaired in any way. Further, the invalid, illegal or unenforceable part will be deemed superseded by a valid, legal or enforceable part that most closely satisfies the intention of the original part. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Materials. These Terms are not enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to them. These Terms and your use of the Materials shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Materials.