Terms of service | Nautical Charts App

1. Maps are downloaded to the device over the internet. Bist LLC will not be held responsible for any costs charged by your carrier for using the data plan.

2. Bist LLC is not responsible if your carrier locks GPS or prevents GPS from being used by third party software. It is user's responsibilty to find out if their carrier allows GPS to be accessed by third party software.

3. Bist LLC will not be held liable for Gps Nautical Charts not operating fully or partly due to the use or misuse of your mobile phone device. This includes any costs incurred should you fail to turn off Bluetooth, Internet roaming etc. Gps Nautical Charts uses GPS/GPRS to operate which runs independently.

4. Bist LLC is not responsible for any data inaccuracy or inconsistency, which may occur from GPS spikes, or obstacles such as buildings,canyons, cloud cover and deep valleys that can interfere with GPS signals.

5. NOT FOR NAVIGATION

Only official nautical charts and Notices for navigators contain all the information necessary for safe navigation and, as always, the captain is responsible for proper use of the same. Gps Nautical Charts application is designed to provide assistance to navigation. It's not designed to replace the official charts.

6. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SOFTWARE/SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE/SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIST LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SOFTWARE/SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE/SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SOFTWARE/SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gps Nautical Charts OR THROUGH OR FROM THE SOFTWARE/SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

7. LIMITATION OF LIABILITY

BIST LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BIST LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE/SERVICE. UNDER NO CIRCUMSTANCES WILL BIST LLC'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO BIST LLC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. TRADEMARK INFORMATION

Gps Nautical Charts, the Gps Nautical Charts logo, and other Gps Nautical Charts logos, products and service names are trademarks of Bist LLC. You must not display or use them in any manner.

9. ARBITRATION

Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by Bist LLC to collect fees or recover damages for, or obtain an injunction relating to, Bist LLC's intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Santa Clara, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Bist LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara, California necessary to protect the rights or property of you or Bist LLC pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

10. GENERAL INFORMATION

Bist LLC may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and Bist LLC and governs your use of the Service, superseding any prior agreements between you and Bist LLC. You also may be subject to additional terms and conditions that may apply when you use other Bist LLC products or services. The TOS and the relationship between you and Bist LLC will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Santa Clara, California. The failure of Bist LLC to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.

11. MODIFICATIONS TO SERVICE

Bist LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. Bist LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

12. INDEMNITY

You will indemnify and hold Bist LLC , and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software/Service, your violation of the TOS, or your violation of any rights of a third party.

13. Acknowledgements for charts covering UK & Ireland.

This product has been derived in part from material obtained from the UK Hydrographic Office with the permission of the UK Hydrographic Office, Her Majesty’s Stationery Office.” © British Crown Copyright, 2012-2024. All rights reserved.

14. Notices for derived charts are given below. You must agree to these notices to use the derived charts.

Notice 1

“These images have been produced for leisure and recreational boating and should not be used for any other purpose”

Notice 2

“NOTICE: The UK Hydrographic Office (UKHO) and its licensors make no warranties or representations, express or implied, with respect to this product. The UKHO and its licensors have not verified the information within this product or quality assured it.”

15. Acknowledgements for charts covering Netherlands.

This product has been derived in part from material obtained from the Netherlands and UK Hydrographic Offices with their permission. © Copyright Netherlands Hydrographic Office, 2012. All rights reserved.

16. Notices for derived charts are given below. You must agree to these notices to use these charts.

Notice 1

“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”

Notice 2

NOTICE: The Netherlands and UK Hydrographic Offices (NLHO and UKHO) make no warranties or representations, express or implied, with respect to this product. The NLHO and UKHO have not verified the information within this product or quality assured it.

17. Acknowledgements for charts covering Belgium.

“This product has been derived in part from material obtained from the Vlaamse Hydrografie and the UK Hydrographic Office with their permission.” “© Vlaamse Hydrografie, 2012-2024. All rights reserved.“

18. Notices for derived charts are given below. You must agree to these notices to use these charts.

Notice 1:

[“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”]

Notice 2:

“NOTICE: Vlaamse Hydrografie (VH) makes no warranties or representations, express or implied, with respect to this product. The VH and the UKHO have not verified the information within this product or quality assured it.”

19. Acknowledgements for charts covering Iceland.

“This product has been derived in part from material obtained from the Hydrographic Department of the Icelandic Coast Guard and the UK Hydrographic Office with their permission” “© Copyright Iceland Coast Guard Hydrographic Department, 2012-2024. All rights reserved.“

20. Notices for derived charts are given below. You must agree to these notices to use these charts.

Notice 1:

[“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”]

Notice 2:

“NOTICE: The Hydrographic Department of the Icelandic Coast Guard (ICG-HD) and the UK Hydrographic Office (UKHO) make no warranties or representations, express or implied, with respect to this product. The ICG-HD and the UKHO have not verified the information within this product or quality assured it.”

21. Notices for derived charts using CHS data are given below. You must agree to these notices to use these charts.

This product has been produced by Bist LLC based on Canadian Hydrographic Service (“CHS”) data, following any minimum standards/guidelines that may have been established by CHS, pursuant to CHS Digital Value-Added Reseller Agreement no. 2023-0608-1260-B.

The incorporation of data sourced from CHS in this product shall not be construed as constituting an endorsement by CHS of this product.

This product does not meet the requirements of the Navigation Safety Regulations, 2020 under the Canada Shipping Act, 2001. Charts and publications issued by or on the authority of CHS must be used to meet the requirements of those regulations.

22. Acknowledgements for charts covering Germany.

"Manufactured using data supplied by Bundesamt für Seeschifffahrt und Hydrographie (BSH, Federal Maritime and Hydrographic Agency of Germany) [11123/2012-40]"

23. Notices for derived charts using BSH data are given below. You must agree to these notices to use these charts.

"WARNING: Bundesamt für Seeschifffahrt und Hydrographie (BSH) has not verified the information included in this product and does not, therefore, assume any liability for its correctness, or the correctness of data updates made at a later date. Bundesamt für Seeschifffahrt und Hydrographie (BSH) does not guarantee that this product meets national or international requirements concerning the suitability of such products for navigation.

24. Acknowledgements for charts included in Caribbean folio.

25. Notices for charts included in Caribbean folio. You must agree to these notices to use these charts.

Notice 1

“These images have been produced for leisure and recreational boating and should not be used for any other purpose”

Notice 2

Notice 1

“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”

Notice 2

26. Acknowledgements for charts included in South Africa folio are inclued below.

Acknowledgement 1

“This product has been derived in part from material obtained from the South African Navy Hydrographic Office and the UK Hydrographic Office with their permission.”

Acknowledgement 2

27. Acknowledgements for charts included in Croatia folio are inclued below.

Acknowledgement 1

“This product has been derived in part from material obtained from the Hvratski Hidrografski Institute and the UK Hydrographic Office with their permission.”

Acknowledgement 2

28. Acknowledgements for charts included in Oman folio are inclued below.

Acknowledgement 1

“This product has been derived in part from material obtained from the National Hydrographic Office, Sultanate of Oman and the UK Hydrographic Office with their permission.”

Acknowledgement 2

29. Notices for charts included in Oman folio are included below. You must agree to these notices to use the product.

Notice 1

[“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”]

Notice 2

“NOTICE: The National Hydrographic Office, Sultanate of Oman (NHOSO) makes no warranties or representations, express or implied, with respect to this product. The NHOSO and the UKHO have not verified the information within this product or quality assured it.”

30. Acknowledgements for charts included in Estonia folio are inclued below.

Acknowledgement 1

‘This product is derived, in part, from the products and with the permission of the hydrographic office of Estonia(Estonian Maritime Administration).'

31. Notices for charts included in Estonia folio are included below. You must agree to these notices to use the product.

Notice 1

‘WARNING: No National Hydrographical Office has verified the information in this product and none accept liability for the accuracy of reproduction or any modifications made thereafter. No National Hydrographic Office warrants that this product satisfies national or international regulations regarding the use of appropriate products for navigation.’

Notice 2

‘WARNING: The electronic chart is an aid to navigation designed to facilitate the use of authorized government charts, not to replace them. Only official government charts and notices to mariners contain all information needed for the safety of navigation and, as always, the captain is responsible for their proper use.

32. Acknowledgements for charts included in Argentina folio are inclued below.

Acknowledgement 1

“This product has been derived in part from material obtained from the Servicio de Hidrografía Naval of Argentina and the UK Hydrographic Office with their permission.”

Acknowledgement 2

33. Acknowledgements for charts included in Malta folio are inclued below.

Acknowledgement 1

“This product has been derived in part from material obtained from the Malta Maritime Authority (MMA) and the UK Hydrographic Office with their permission.”

Acknowledgement 2

34. Acknowledgements for charts included in Spain folio are inclued below.

Acknowledgement 1

“This product has been derived in part from material obtained from the Instituto Hidrográfico de la Marina and the UK Hydrographic Office with their permission.”

Acknowledgement 2

35. Acknowledgements for charts included in Portugal folio are inclued below.

Acknowledgement 1

“This product has been derived in part from material obtained from the Instituto Hidrográfico of Portugal and the UK Hydrographic Office with their permission.“

Acknowledgement 2

36. Acknowledgements for charts included in Latvia folio are inclued below.

Acknowledgement 1

"This product is derived, in part, from the products and with the permission of the Maritime Autohority of Latvia (MAL)".

37. Notices for for charts included in Latvia folio are inclued below.

Notice 1

Notice 2

38. Acknowledgements: The product contains data from one or more of the following third party sources.

“United States Army Corps of Engineers (USACE)”, “United States Geological Survey (USGS)", "Minnesota Department of Natural Resources", "New York State, Department of Environmental Conservation", "Department of Natural Resources", "Indiana Department of Natural Resources"

The organizations listed above have not verified the product and do not accept liability for its accuracy.

39. Acknowledgements for charts included in Denmark folio are inclued below.

Acknowledgement 1

This product is based on data that are published by Kort & Matrikelstyrelsen Denmark, license number G.6-2012.

40. Notices for for charts included in Denmark folio are inclued below.

Notice 1

"WARNING:No National Hydrographic Office has verified the information in this product and none accepts liability for the acuracy of reproduction or any modifications made thereafter. No National Hydrographic Office warrans that this product satisfies national or international regulations regarding the use of the appropriate product for navigation."

41. Acknowledgements for charts included in Finland folio are inclued below.

Acknowledgement 1

42. Notices for for charts included in Finland folio are inclued below.

Notice 1

43. Acknowledgements for charts included in Norway folio are inclued below.

Acknowledgement 1

"Reproduced with the permission of Norwegian Hydrographic Service, license no. NO 20150917/15-06942".

Acknowledgement 2

"Reproduced with approval from the Norwegian Hydrographic Service. Permission 16/G771".

44. Notices for for charts included in Norway folio are inclued below.

Notice 1

45. Acknowledgements for charts included in Ukraine folio are inclued below.

Acknowledgement 1

“This product is derived in part from the navigational information and under the permission of State Hydrographic Service of Ukraine.”

46. Notices for for charts included in Ukraine folio are inclued below.

Notice 1

WARNING:None of National Hydrographic Offices have verified the information on this product and no one bears responsibility for the accuracy in reproduction or any amendments. None of National Hydrographic Offices warrant that this product satisfies national or international requirements as to the use of appropriate products for navigation purposes. Warning: Electronic chart is an aid to navigation designed to facilitate the use of authorized national charts but not to replace them. Only official national charts and Notices to Marines contain all necessary information for the safety of navigation.

47. Acknowledgements & Copyright Notices for charts included in Australia folio are inclued below.

Certain hydrographic information in this product is © Commonwealth of Australia; and is used under licence with the permission of The Australian Hydrographic Service. Apart from the uses permitted to the licensee under the licence, the information may not be modified or exploited by reverse engineering of formats and encryption or copied, reproduced, translated, or reduced to any electronic medium or machine readable form, in whole or part. All rights reserved.

48. Notices for for charts included in Australia folio are inclued below.

WARNING

The Australian Hydrographic Service does not check the information in this product and the Commonwealth accepts no liability for the accuracy of copying of its material or for any modifications that may have been made to Furthermore, the Commonwealth does not warrant that this product meets any regulations as an appropriate product for navigation or that it contains the information which it has supplied. the latest hydrographic information available.

49. Acknowledgements & Copyright Notices for charts included in Sweden folio are inclued below.

Acknowledgement

50. Notices for for charts included in Sweden folio are inclued below.

Notice 1

‘WARNING: No national Hydrographic Office has verified the information in this product and no national Hydrographic Office accepts any liability for the accuracy of reproduction or any modifications made thereafter. No warranty is given that this product complies with national or international regulations regarding the use of appropriate products for navigation.’

51. The refund policy is available at this link.http://www.gpsnauticalcharts.com/main/refund-policy