GENERAL TERMS OF USE AND SALE

Last updated: 27/03/2026

1. Purpose and Scope

These General Terms of Use and Sale (the “Terms”) define the conditions of access to and use of the MarineSnap application (the “Application”), as well as the conditions under which SARL GLOBA provides its services to professional clients (the “User” or the “Client”).

The Application enables maritime professionals — including surveyors, inspectors, and experts — to collect, organise, and transmit data and photographs necessary for technical reports and marine surveys.

These Terms constitute a binding agreement between the Client and SARL GLOBA upon account creation or subscription purchase. Any use of the Application implies full and unconditional acceptance of these Terms.

These Terms prevail over any general or specific terms the Client may seek to impose, unless expressly agreed otherwise in writing by SARL GLOBA.

The Client expressly acknowledges that it is acting in a professional capacity. SARL GLOBA reserves the right to request proof of such status at any time.

2. Service Provider Identification

SARL GLOBA

Limited liability company (société à responsabilité limitée) with a share capital of €10,000

Registered office: 355 Chemin de Pébrier, 83340 Le Luc, France

SIREN: 844 446 518

RCS: Draguignan 844 446 518

VAT number: FR72844446518

Email: contact [@] marinesnap.com

Manager (gérant) and Publication Director: Yannick Morel

Hosting provider: OVH SAS, 2 rue Kellermann, 59100 Roubaix, France

3. Access to the Application

Access to MarineSnap is restricted to registered professionals with a user account and an active subscription.

The User undertakes to provide accurate information and keep it up to date.

Access requires a compatible device (iOS or Android smartphone or tablet, or web browser where applicable) and an internet connection, both at the User’s expense. Minimum technical requirements are published on the Site and may be updated from time to time. SARL GLOBA shall not be liable for performance issues arising from the use of unsupported devices or operating systems.

The use of the Application is prohibited in countries subject to sanctions or restrictions applicable under French or European Union regulations.

4. Account Creation and Security

Registration requires the creation of a personal account with a valid email address and password.

The User is solely responsible for the confidentiality of login credentials and for all activity carried out under their account. The User must notify SARL GLOBA immediately at contact@marinesnap.com of any suspected unauthorised use of their account.

SARL GLOBA shall not be held liable for unauthorised use resulting from User negligence in safeguarding their credentials.

5. Description of Services

The Application allows in particular:

collection and storage of photographs and technical inspection data
generation of professional survey and expert reports
management, sharing, and export of such reports

SARL GLOBA reserves the right to modify, enhance, or discontinue features of the Application. Material changes that reduce core functionality will be communicated with at least thirty (30) days’ prior notice. Non-material improvements, bug fixes, and security updates may be deployed without prior notice.

SARL GLOBA uses commercially reasonable efforts to maintain service availability of at least 99% on a monthly basis, excluding scheduled maintenance windows and force majeure events. This availability target is an objective, not a guarantee, and no service-level credits are offered unless otherwise agreed in a separate agreement.

6. Licence Grant

6.1 From SARL GLOBA to the User

Subject to these Terms and payment of the applicable subscription fees, SARL GLOBA grants the User a non-exclusive, non-transferable, non-sublicensable, revocable right to use the Application for the duration of the active subscription, solely for the User’s internal professional purposes.

6.2 From the User to SARL GLOBA

By uploading or creating content within the Application (including photographs, notes, and data), the User grants SARL GLOBA a limited, non-exclusive, worldwide licence to host, store, process, and technically transform such content solely for the purpose of providing and improving the MarineSnap service. This licence terminates upon deletion of the relevant content or closure of the User’s account, subject to the data retention periods set out in Section 14.

7. Financial Conditions and Payment

7.1 Pricing

Applicable prices are those displayed on the Site or within the Application at the time of subscription. Prices are in euros, excluding VAT, to which applicable taxes will be added.

For Clients established within the European Union, VAT is charged at the rate applicable in the Client’s country of establishment. Clients registered for VAT in an EU Member State other than France may benefit from the reverse-charge mechanism upon provision of a valid intra-community VAT number. For Clients established outside the European Union, no EU VAT is charged; the Client is responsible for any local taxes applicable in its jurisdiction.

7.2 Payment

Payments are made online by credit card via Stripe. By validating payment, the User agrees to Stripe’s terms of service. SARL GLOBA does not store banking data.

7.3 Subscriptions and Renewal

Subscriptions are entered into for the selected duration (monthly or annual) and renew automatically at the then-current price unless cancelled.

Cancellation may be made at any time via the user account settings or by written request to contact@marinesnap.com, and must be effective at least seven (7) days before the next renewal date.

The Client will be notified of upcoming renewal where required by applicable law.

Any started subscription period remains due in full and will not be refunded, except as provided in Section 7.5.

7.4 Late Payment

Late payment automatically results in penalties equal to three times the legal interest rate in force in France, plus a fixed compensation of €40 for recovery costs, in accordance with Article L441-10 of the French Code de commerce. For Clients established outside France, late payment interest shall accrue at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.

7.5 Refund Policy and Disputes

Payments are final and non-refundable as a general rule.

However, if the Application is substantially unavailable for more than five (5) consecutive days due to causes attributable to SARL GLOBA (excluding scheduled maintenance and force majeure), the Client may request a pro-rata credit for the affected period.

In case of billing dispute, the Client must contact contact@marinesnap.com within fifteen (15) days of invoicing. SARL GLOBA will review claims in good faith and seek an amicable resolution before any legal proceedings.

7.6 Promotions

Promotions are subject to specific conditions communicated at the time of the offer and are not cumulative unless otherwise stated.

7.7 Price Changes

SARL GLOBA reserves the right to modify its pricing. Changes will be communicated at least thirty (30) days before the next renewal date. Continued use of the Application after the new pricing takes effect constitutes acceptance. If the Client does not agree with the new pricing, it may cancel its subscription before the renewal date.

8. No Right of Withdrawal

The Application is exclusively intended for professionals acting in a professional capacity. In accordance with Article L221-3 of the French Code de la consommation, no right of withdrawal applies to subscriptions entered into under these Terms.

9. Acceptable Use

The User agrees not to:

reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application
copy, modify, distribute, sell, resell, or sublicence any part of the Application or its content
use the Application for any unlawful purpose or in violation of any applicable regulation
use automated means (bots, scrapers, or similar) to access the Application or extract data
circumvent or attempt to circumvent any security measures or access controls
upload content that is unlawful, defamatory, infringing, or otherwise harmful

Any breach of this section may result in immediate suspension or termination of the User’s account, without prejudice to SARL GLOBA’s right to seek damages.

10. Liability

10.1 Obligation of Means

SARL GLOBA undertakes to provide the services described herein with reasonable professional care (obligation de moyens) but does not guarantee any particular outcome.

10.2 Exclusions

SARL GLOBA shall not be liable for:

improper or non-compliant use of the Application by the User
data loss resulting from User error, actions of third parties, or events beyond SARL GLOBA’s reasonable control
temporary service unavailability as described in Section 5
the accuracy, completeness, or fitness for purpose of the content entered by the User or generated from User-provided data

The User acknowledges that MarineSnap is a tool that assists professionals in data collection and report generation. The User is solely responsible for the accuracy and completeness of the data entered and for verifying the content of any reports generated. SARL GLOBA does not review, validate, or endorse the substance of user-generated reports.

10.3 Liability Cap

To the fullest extent permitted by applicable law, SARL GLOBA’s total aggregate liability arising out of or in connection with the use of the Application under these Terms shall not exceed the total fees actually paid by the Client to SARL GLOBA during the twelve (12) months preceding the event giving rise to the claim.

Under no circumstances shall SARL GLOBA be liable for indirect, incidental, special, or consequential damages, including but not limited to loss of profit, loss of business, loss of data, or reputational damage, even if advised of the possibility of such damages.

This limitation does not apply where liability cannot be limited under mandatory applicable law.

10.4 Client Indemnification

The Client agrees to indemnify, defend, and hold harmless SARL GLOBA, its officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

the content created, uploaded, or generated by the Client using the Application
the Client’s use of the Application in breach of these Terms or applicable law
any third-party claim relating to a report or document produced using the Application

11. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the affected party’s reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, epidemics, internet or telecommunications failures, cyberattacks, or power outages (each a “Force Majeure Event”).

The affected party shall notify the other party promptly and use reasonable efforts to mitigate the impact. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate the subscription by written notice, with fees adjusted pro rata for the period of unavailability.

12. Data, Confidentiality, and Privacy

12.1 Ownership of Client Data

All data entered, uploaded, or created by the Client within the Application (the “Client Data”) remains the exclusive property of the Client. Nothing in these Terms transfers ownership of Client Data to SARL GLOBA.

12.2 GDPR Roles

With respect to personal data processed through the Application:

SARL GLOBA acts as data controller for account management, billing, and service analytics.
SARL GLOBA acts as data processor on behalf of the Client for Client Data that contains personal data (such as names or photographs of third parties included in survey reports). Processing is governed by the Data Processing Agreement (DPA) available at [link], in accordance with Article 28 of the GDPR.

The Client warrants that it has obtained all necessary consents and legal bases for any personal data it uploads to or processes through the Application.

12.3 Confidentiality

Each party undertakes to keep confidential all information disclosed by the other party in the course of the contractual relationship that is reasonably identifiable as confidential (“Confidential Information”). Confidential Information shall not be disclosed to third parties or used for any purpose other than the performance of these Terms, except as required by law, regulation, or court order.

This obligation of confidentiality shall survive the termination of the contractual relationship for a period of three (3) years.

12.4 Sub-processors

SARL GLOBA may engage sub-processors to provide parts of the service. A current list of sub-processors is available upon request. SARL GLOBA shall notify the Client of any material changes to its sub-processors with reasonable advance notice.

13. Intellectual Property

The Application, including its source code, design, structure, databases, documentation, and all associated intellectual property rights, is and shall remain the exclusive property of SARL GLOBA. These Terms do not transfer any intellectual property rights to the User other than the limited licence granted in Section 6.1.

Client Data, including user-generated content, remains the property of the Client as set out in Section 12.1. The licence granted by the User to SARL GLOBA under Section 6.2 is limited to service delivery and does not constitute a transfer of ownership.

The MarineSnap name, logo, and associated trademarks are the property of SARL GLOBA and may not be used without prior written authorisation.

14. Data Export and Post-Termination

During the term of the subscription, the Client may export its data from the Application at any time using the built-in export features.

Upon termination or expiry of the subscription (for any reason), SARL GLOBA shall maintain Client Data in a read-only state for a period of sixty (60) days, during which the Client may request export of its data by contacting contact@marinesnap.com.

After the sixty (60) day post-termination period, all Client Data will be permanently deleted from SARL GLOBA’s active systems, except where retention is required by applicable law. Residual copies in encrypted backups will be overwritten in accordance with SARL GLOBA’s standard backup rotation schedule.

15. Suspension and Termination

15.1 Termination by the Client

The Client may cancel its subscription at any time via the account settings or by written notice to contact@marinesnap.com, subject to the cancellation notice period set out in Section 7.3. The cancellation takes effect at the end of the current billing period.

The Client may also terminate for cause if SARL GLOBA materially breaches these Terms and fails to remedy such breach within thirty (30) days of receiving written notice specifying the breach.

15.2 Suspension and Termination by SARL GLOBA

SARL GLOBA may suspend or terminate access to the Application, with or without prior notice depending on the severity of the breach, in the following cases:

non-payment of fees after a reminder has been sent and a further seven (7) day grace period has elapsed
material breach of these Terms, including the acceptable use provisions in Section 9
unlawful or abusive use of the Application
any act that jeopardises the security or integrity of the Application or other users’ data

In the case of suspension for non-payment, access will be restored upon receipt of full payment of all outstanding amounts.

15.3 Effects of Termination

Upon termination for any reason, the licence granted under Section 6.1 terminates immediately. The provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to Sections 10 (Liability), 12.3 (Confidentiality), 13 (Intellectual Property), and 14 (Data Export).

16. Third-Party Services

The Application relies on third-party services for certain functions, including but not limited to Stripe (payment processing), OVH (hosting), Firebase (infrastructure), and Apple App Store / Google Play Store (distribution).

SARL GLOBA shall not be held liable for disruptions, outages, or changes to third-party services that are beyond its reasonable control. The Client acknowledges that its use of the Application may be subject to the terms and conditions of such third-party providers.

17. Modifications to Terms

SARL GLOBA reserves the right to modify these Terms at any time. Material changes will be communicated to the Client by email and/or by notice within the Application at least thirty (30) days before they take effect.

Continued use of the Application after the effective date of any modification constitutes acceptance of the updated Terms. If the Client does not agree with the modified Terms, it may terminate its subscription before the changes take effect, in accordance with Section 15.1.

18. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with French law.

In the event of a dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the matter amicably. If no resolution is reached within thirty (30) days, and in the absence of any mandatory provision to the contrary, disputes shall be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Draguignan, France.

Nothing in this clause shall prevent the application of mandatory legal provisions of the Client’s country of establishment, where applicable under European Union law or international treaties.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and Data Processing Agreement, constitute the entire agreement between the Client and SARL GLOBA with respect to the use of the Application, and supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

No waiver of any provision of these Terms shall be effective unless made in writing and signed by SARL GLOBA.

21. Contact

For any questions regarding the Application, these Terms, or your account:

SARL GLOBA

355 Chemin de Pébrier

83340 Le Luc — France

Email: contact [@] marinesnap.com

Phone: +33 9 72 12 10 60