Terms and conditions

Courtesy translation — the German version is legally binding.
for the use of the Neptun API by rubberduck software

§ 1 Provider & scope

The provider is rubberduck software, Christian Möllerherm, 41747 Viersen, Germany (“Provider”). These terms apply to the use of the “Neptun” programming interface (the “API”) via the domain marine-api.com and associated subdomains by companies, self-employed persons and public bodies (the “Customer”). Conflicting terms of the Customer apply only with express written consent.

§ 2 Subject of the service

The Provider makes forecast and factual data available through the API, including tides and tidal currents, water levels (gauges), official navigational notices, lock information and harbour shelter (computed wind shelter per marina). Scope and availability depend on the plan booked. The Provider may develop endpoints, data sources and scope further, provided the contractually promised core benefit is preserved.

§ 3 Access, API keys & quotas

Access is via a personal API key. The Customer keeps the key secret and is liable for its use. Quotas and rate limits apply per plan; if exceeded, the Provider may throttle or reject requests. Abusive use (e.g. circumventing limits, automated bulk extraction of the entire data set) entitles the Provider to suspend access.

§ 4 Rights of use in the data

The Provider grants the Customer a simple, non-exclusive, non-transferable right to use and display the responses retrieved via the API within the Customer's own applications and services. Not permitted is passing on or reselling the raw responses as a standalone or competing data product, or making them available again via the Customer's own data API for mass distribution.

§ 5 Sources & attribution requirement

The data is derived from official and scientific sources; every API response states the respective source. The Customer is obliged to carry through the source and licence information given in the response, in particular for tides and currents: “calculated from FES2022b/FES2014a — © CNES/AVISO/LEGOS” together with the DOI and a reference to the AVISO licence, as well as the respective publishers of the gauge, notice and lock networks. Licence-restricted sources are excluded from paid responses.

§ 6 Prices & billing

The prices for the chosen plan as stated on the website apply. Processing is handled by the payment provider Stripe as merchant of record, who handles contract and payment processing as well as remitting the applicable VAT. The Provider is a small business under § 19 UStG and does not itself show VAT. Subscriptions renew periodically and can be cancelled at the end of the term.

§ 7 Availability

The Provider strives for high availability but owes no availability in the free tier (“best effort”). For paid plans an availability target applies; any SLA beyond that requires a separate agreement. Maintenance, force majeure and outages of third-party sources may temporarily restrict availability.

§ 8 Warranty & liability

The data is provided “as is” without any warranty of accuracy, completeness or fitness for a particular purpose. The Provider is liable without limitation in cases of intent and gross negligence, and for injury to life, body or health. In cases of simple negligence the Provider is liable only for breach of material contractual obligations (cardinal obligations), and then limited in amount to the foreseeable damage typical for this type of contract; liability is otherwise excluded. Liability for damages arising from the use of the data for navigation or other safety-critical purposes is excluded (see the notice above).

§ 9 Term & termination

Free access may be ended by either party at any time. Paid plans run for the chosen period and can be cancelled at the end of that period. The right to extraordinary termination for good cause (in particular breach of §§ 3–5) remains unaffected.

§ 10 Changes to these terms

The Provider may amend these terms with effect for the future; material changes will be communicated to the Customer in text form. If the Customer does not object within six weeks, the amended terms are deemed accepted; this will be pointed out separately in the notification.

§ 11 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is, to the extent permissible, the Provider's registered office. Should any provision be invalid, the remainder of the contract remains unaffected.