Microsoft® Power BI™ Terms of Use for Veslink IMOS Platform Clients

These Terms of Use (“Terms of Use”) are a part of the Veson Veslink IMOSlive Platform Subscription and Services Agreement or other agreement (the “Agreement”) between the client named in the Agreement (“Client”) and Veson Nautical LLC (“Veson”) pursuant to which Client receives a subscription to use Microsoft® Power BI (the “Product”) as a part of Client’s subscription to Veson’s Veslink IMOSlive Platform (“the Veslink IMOSlive Platform”). The effective date of these Terms of Use is the date of the Agreement.

  1. Subscription.
    1. Subject to these Terms of Use and the other provisions of the Agreement, Client is hereby acquiring a subscription to use the Product. This subscription is acquired through Veson as an authorized reseller of the Product. Client’s subscription is also subject to the terms of the Microsoft Power BI Service Agreement (the “End User Agreement”), a copy of which is currently available at https://powerbi.microsoft.com/en-us/terms-of-service/, and Client hereby accepts and agrees that it will comply with the End User Agreement.
    2. This subscription is limited to the number of users at Client licensed to use the Veslink IMOSlive Platform and such other limits on number of users, storage or usage as may be set forth herein or in the Agreement. Client shall not permit usage in excess of such limits. The number of users covered by this subscription refers to the maximum number of individual named users at Client permitted to use the Product. Only named individual users may use the Product, and Client shall not permit usage of a named user’s account by any person other than the named user. Veson may monitor Client’s use of the Product to confirm Client’s compliance with, and to enforce Veson’s rights under, these Terms of Service, and the Product may prohibit use in excess of any applicable limits.
    3. Client is permitted to use the Product only in connection with Client’s permitted use of the Veslink IMOSlive Platform for its intended purpose, and Client shall not use the Product for any other purpose or in any other manner.
    4. Client is responsible for all activity occurring under Client’s Product account. Client shall notify Veson immediately of any unauthorized use of any password or account or any other known or suspected breach of security relating to Client’s account.
  2. Term.
    1. These Terms of Use shall terminate upon the earliest to occur of (i) termination of the Agreement for any reason, (ii) failure by Client to renew its Product subscription by payment of any applicable annual subscription fee or acceptance of any new End User Agreement prior to the commencement date of the subsequent subscription period, or (iii) Veson determining for any reason to not include the Product in the Veslink IMOSlive Platform licensed to Client.
    2. Veson may suspend Client’s subscription to the Product or terminate these Terms of Use in the event Client’s usage of the Product adversely impacts usage of the Product by other users or the system on which the Product operates or is otherwise deemed excessive by Veson in its sole judgment. To the extent permitted by Veson’s reseller agreement with Microsoft, Veson will provide Client with written notice before taking any such action and will allow a reasonable period, as determined by Veson, for Client to modify its usage to an acceptable level.
    3. If Client fails to pay any amount owed under these Terms of Use when due, Veson may disable the subscription until paid, charge a re-activation fee to restore the subscription, and/or terminate these Terms of Use.
  3. Payments.
    1. The initial fees for the Product subscription, if any, are set forth in the
    2. Following the initial 12-month term of these Terms of Use, Product fees are subject to change at any time by Veson with at least 30 days’ prior written notice.
    3. If at any time Client elects to increase any user limit or other limit applicable to the Product subscription, such increase shall take effect on the first day of the first calendar month following Client’s payment of the additional annual fee with respect to such increase (prorated for the number of full calendar months remaining in then-current term).
    4. If at any time Client elects to decrease any user limit or other limit applicable to the Product subscription, such decrease shall take effect upon the commencement of the first 12-month subscription term following such election.
  4. Data Processing and Storage.
    1. Client data with respect to the Product is processed and stored by Microsoft or its designee(s). Client should review the End User Agreement and any other applicable terms of use or privacy policies with respect to the Product made available by Microsoft. Client agrees that Microsoft may collect, use, transfer, disclose, and otherwise process Client’s data, including personal data, as described in the End User Agreement.
    2. Veson, as a Product reseller, will have administrative privileges and access to Client data with respect to Client’s Product account. Client agrees that Veson has no obligation to retain or return any data provided or submitted by Client to the Software in the course of using the Product.
    3. Client consents to the processing and storage of data, including any personal information, by Veson, Microsoft and their respective affiliates, subsidiaries, and service providers as contemplated by these Terms of Use, the Agreement and the End User Agreement.
    4. Client agrees that, as and to the extent required by law, Client shall notify the individual users of the Product that their data may be processed for the purpose of disclosing it to law enforcement or other governmental authorities as directed by Veson and shall obtain the users’ consent to the same.
  5. Microsoft.
    1. Client understands and agrees that (i) Microsoft may update, modify, increase or decrease the functionality of, release new versions of, or discontinue the Product at any time, including without limitation in a manner that adversely affects or disables the integration of the Product with any product or service of Veson, (ii) Microsoft may disable Client’s subscription for legal or regulatory reasons or as otherwise permitted under the End User Agreement or Veson’s reseller agreement with Microsoft, and (iii) Veson shall not be responsible for nor have any liability or obligation with respect to any update, modification, change to the functionality of, discontinuation, or unavailability of, or errors, viruses, loss of data or other claim, damage, or liability attributable to, the Product. Veson has not made and is not making, any representation, condition or warranty whatsoever about or regarding the Product.
    2. If Microsoft updates the End User Agreement at any time or from time to time, Client’s first renewal of its Product subscription after the date of such update is deemed acceptance of the new End User Agreement. It is Client’s responsibility to check for updates to the End User Agreement, prior to subscription renewal, at the internet address listed in Section 1(a) above or any other location specified by Microsoft or Veson.
    3. Any reference in these Terms of Use to “Microsoft” includes Microsoft Corporation and its affiliated companies. Microsoft and Power BI are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
  6. Service and Support. Veson is the point of contact for Client support questions related to the Product and will provide support in accordance with the annual maintenance provisions of the Agreement. Any services requested by Client that are not covered by annual maintenance pursuant to the Agreement will be charged to Client on a time-and-materials basis. Client understands that (a) Veson may be required to escalate support issues to Microsoft, (b) Veson’s ability to resolve support issues on a timely basis or at all may depend in whole or in part on assistance from Microsoft, and (c) it may be necessary or appropriate, as determined by Veson or Microsoft, for Client to work directly with Microsoft to resolve a support request. Client understands that if Client contacts Microsoft directly for support without authorization from Veson or Microsoft, Microsoft may at its discretion offer support or redirect Client to Veson. In no event shall Veson have any liability or obligation with respect to any support provided or not provided by Microsoft to Veson or Client.
  7. Applicability of Agreement to the Product. In the event of any inconsistency between these Terms of Use and the other terms of the Agreement, the provisions of these Terms of Use shall apply.
  8. Miscellaneous. Sections 4, 5, 6 (final sentence), and 7 of these Terms of Use, and any payment obligations accruing prior to termination, shall survive termination of these Terms of Use. For the avoidance of doubt, the Product subscription set forth in Section 1 of these Terms of Use terminate upon termination of these Terms of Use for any reason. Except as expressly set forth herein, payments are nonrefundable. Any remedies of a party specified herein are non-exclusive and are in addition to any other rights and remedies available to such party herein or otherwise. These Terms of Use shall be deemed a part of the Agreement. The Agreement remains in full force and effect.