6.1 Data Privacy and Warranty

The complete Seakeeper warranty details may be found on the Seakeeper website www.seakeeper.com.

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Seakeeper Data Privacy

The Default Data Setting has been activated for your Seakeeper Unit. In compliance with Seakeeper’s Privacy Policy, the Default Data Setting collects pertinent data and information relative to the installed Seakeeper Unit. You are consenting to push such data and information for Seakeeper’s internal usage and for service interventions. You can turn off the Default Data Setting by going to the “Settings Tab” of the Seakeeper application on the boat’s Multifunction Display (MFD).

Seakeeper’s current Privacy Policy indicates that Seakeeper Inc. and all its subsidiaries (collectively “Seakeeper”) collect, store, and use your personal information in connection with and to provide and develop Seakeeper’s products, mobile applications, services, and websites (together the “Service”). Data collected directly from your Seakeeper Unit includes, but is not limited to, the following:

• Boat speed
• Course over ground
• Latitude/Longitude (position)
• Accelerations (fore/aft, up/down, and side/side)
• Angles (roll, pitch, and yaw)
• Rates (roll, pitch, and yaw)
• Seakeeper metrics (System on/off, enclosure position, and faults)

By providing us information or using or accessing the Service you give consent to the processing, use and disclosure of your Seakeeper data and other content (“User Content”). Seakeeper will not rent or sell your information to third parties outside Seakeeper without your consent, except as noted in its Privacy Policy located at https://www.seakeeper.com/privacy-policy.

In addition to some of the specific uses of information we describe in our Privacy Policy, we may use information that we receive to:

• Manage your customer relationship and provide you with customer support
• Help you efficiently access your information after you sign in
• Provide, improve, test, and monitor the effectiveness of our Service
• Develop and test new products and features
• Diagnose or fix technology problems
• Enforce our terms and conditions
• Manage our business
• Perform functions as otherwise described to you at the time of collection

To set or change your Default  Data Setting preference to deny sharing data, perform the following procedure.

1. At your MFD display, OPEN the Seakeeper application.
2. NAVIGATE to the Settings page (gears icon).
3. PRESS AND HOLD the gears icon again until a second screen appears (Figure 4).

4. SELECT the Data Logging tab.
5. SELECTDeny option from the dropdown menu of Logger Data Export.

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Seakeeper Warranty Policy

SEAKEEPER, INC., warrants that the product covered under this warranty (hereinafter the “Product”), when properly installed and used during this warranty term, is free from defects in material and workmanship and will perform essentially as stated in SEAKEEPER, INC.’s applicable specifications. This warranty does not cover third party equipment, hardware or software even if installed, connected or loaded into and/or onto the Product if outside the components included in the Product scope of supply.

This warranty starts from the earlier of the purchase date by the first end-user/retail purchaser or the in-service date, and the warranty period is for the shorter of the following periods:

1. 24 months (2 years) from date the Product is put into service, which shall conclusively be presumed to be the date of sale of a vessel on which the Product is installed, to a retail customer or date put into service on an existing vessel (refit), or
2. 2000 (two thousand) operating SEA hours, subject to verification and confirmation by SEAKEEPER, INC.

All Seakeeper Models

BUYER IS SOLELY RESPONSIBLE FOR ENSURING THAT GOODS ARE PROPERLY LOCATED, INSTALLED AND MAINTAINED ON VESSEL’S HULL FOUNDATION WITH AN ADEQUATE MARGIN OF SAFETY, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE WITH ANY SPECIFIED LOAD-BEARING REQUIREMENTS.

EXCEPTIONS:

This warranty shall be void and not apply to defects resulting from:

1. ANY UNAUTHORIZED MODIFICATION OF THE PRODUCTS AS SHIPPED WILL RESULT IN VOIDING THIS WARRANTY.
2. An application or installation method not approved by Seller, including improper or inadequate site preparation, faulty installation, handling during maintenance or otherwise, if any, by the Customer and/or the End User, as well as to defects attributable to loading/shipment/delivery of the Product or any other defect or damage not attributable to SEAKEEPER, INC.
3. Defects resulting from Customer’s or any third-party interface of equipment, hardware, or software if installed, connected or loaded into and/or onto the Product.
4. Misuse, operator error or fault caused by the failure of an external unit (i.e. Sea Water pump, Ships power supply).
5. Any gross negligence or willful misconduct.
6. Excessive exposure to water (salt or fresh) including submersion (partial or full) of any Electrical or Electronic components or major component such as the gyro sphere.
7. Acts of Nature such as, but not limited to, fire, flood, wind and lightning
8. Failure of the Customer/End User to strictly comply with any of the following requirements:
   
   • Operation and Maintenance according to the guidelines and recommendations specified in the SEAKEEPER, INC., Operation Manual.
     
     • Proof of such compliance shall be provided upon request.

This express warranty is in lieu of and excludes: ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER KNOWN TO SELLER OR NOT), AND ALL OTHER SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY SELLER AND WAIVED BY CUSTOMER/END USER. SEAKEEPER, INC. SHALL IN NO EVENT BE LIABLE TO ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY WARRANTY OR OTHER OBLIGATION ARISING OUT OF THE SALE OF THE PRODUCTS, OR FROM THE USE OF THE PRODUCTS OR ANY INABILITY TO USE THE PRODUCTS.

Written notice of claimed defects shall have been given to SEAKEEPER within the Warranty Period, and within thirty (30) days from the date any such defect is first discovered. The Goods or parts claimed to be defective must be returned to SEAKEEPER, accompanied by a Return Authorization (RA) issued by SEAKEEPER’s facility responsible for supplying Goods, with transportation prepaid by Buyer/User, with written specifications of the claimed defect.

If a warranty claim is valid, SEAKEEPER, INC. will repair or replace the Product, or part of the Product, proven to be defective, at its sole discretion, in a timeframe provided by SEAKEEPER, INC., on a reasonable best effort basis.

Under no circumstances shall SEAKEEPER be liable for removal of SEAKEEPER’s Goods from Buyer’s/User’s equipment or re-installation into Buyer’s/User’s equipment. No person including any agent, distributor, or representative of SEAKEEPER is authorized to make any representation or warranty on behalf of SEAKEEPER concerning any Goods manufactured by SEAKEEPER.

Warranty Activation

A Warranty Registration must be fully completed and sent to SEAKEEPER, INC., for review, approval and registration upon delivery of the vessel to the first retail customer. Warranty registration and expiration date confirmation can be achieved by providing SEAKEEPER, INC., a copy of the original bill of sale, purchase agreement, Owner’s name, address and SEAKEEPER Stabilizer Serial Number along with current RUN / SEA hours to SEAKEEPER’s warranty registration department within thirty (30) days of purchase. For removal of doubt, it is clarified that the activation date shall in no event affect the warranty period set forth herein. Registering your Seakeeper can be performed online at https://www.seakeeper.com/extended-warranty/register-your-seakeeper/

“Owner” is defined as the first retail customer (purchaser), or subsequent customer (by transfer), of the SEAKEEPER Product as identified in SEAKEEPER warranty registration(s).