1.1. These Software services terms and conditions (these Terms and conditions) apply to the use of any software services (the Software services) provided by Fisheries Technologies ehf., Reg. No. 540212-2280, Básbryggju 15, 110 Reykjavík (the Provider), to any entity that has executed with the Provider a valid order form for subscription to the Software services (the Subscriber). The Terms and conditions apply from the effective date of the subscription of the applicable Services order form (the Effective date).

1.2. While these Terms and conditions apply, the Subscriber is granted from the Provider:

a) A limited license to access online, via Provider's website, referred to in clause 13.2 below, and to use, to the extent described in clause 2 below, the relevant Software services.

b) The right to access technical support for the Software services, to the extent described in clause 3.5 below.

1.3. No other rights or licenses are provided under these Terms and conditions.

2.1. The limited license granted to the Subscriber to use the Software services is non-exclusive and non-transferable, and extends only to access and use that can reasonably be deemed part of the Subscriber's own, internal purposes.

2.2. All other rights than those provided in clauses 2.1 above are expressly reserved by the Provider, who is and remains the sole owner of the Software services and all rights pertaining thereto, including any intellectual property rights in the Software services, including related methods, ideas, know-how, procedures, algorithms, source code, and documentation. These Terms and conditions do not in any way transfer any such rights to the Subscriber in any respect. 

2.3. The Subscriber's limited license to the Software services is additionally subject to the following limitations:

a) The Software services may only be used in accordance with the Provider issued user instructions from time to time.

b) The license is limited to the version of the Software services that is current at each given time. Rights to update the Software services rest solely with the Provider, as described in clause 3 below.

c) Rights of access to the Software services are limited to named users, selected by the Subscriber from those who are on its behalf directly engaged in the use of the Software services.

d) This license does not grant any rights to performing or attempting any of the following: To modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the software used to provide the Software services to any human perceivable form, work around any technical limitations of the Software services, or create derivative works based on the Software services or any part thereof, provide commercial hosting of the Software services or to publish the Software services for others to copy or utilize in any manner.

3.1. The Software services will be maintained and periodically updated by the Provider as needed to implement various bug fixes, changes, and new functionality. 

3.2. At any given time, the Subscriber is only entitled to access the then-current version of the Software services. The Provider will not be required to maintain older versions of the Software services after an updated version has been issued.

3.3. The Provider will alert the Subscriber in a timely fashion before performing major updates to the Software services. The Subscriber is responsible for verifying that, within scope of the Subscriber's operations, the Software services will continue to perform materially in line with its published specification after updates have been made to the Software services.

3.4. Should the Subscriber wish the Provider assist the Subscriber in making adjustments or modifications to the Subscriber's systems, to establish, re-establish, or increase compatibility with the Software services, such activities will be regarded as ordinary paid work and billed separately.

3.5. If the Subscriber encounters errors or malfunctions in the Software services, it shall in a timely fashion submit to the Provider a detailed report, in English, describing the relevant errors or malfunctions. It is the sole discretion of the Provider whether, how, and when to act in response of such reporting, e.g. by updating the Software services.

4.1. The Provider shall provide each Subscriber, which it sells a Software services subscription to directly, with necessary informational support on the appropriate use of the Software services, as described at any given time on the Provider's website, referred to in clause 13.2 below. 

4.2. Each Subscriber is solely responsible for providing its users with all the support services needed by them regarding use of the Software services.

4.3. Should the Subscriber wish the Provider provide further support to the Subscriber, e.g. to provide training in the use of the Software services, such activities will be regarded as ordinary paid work and billed separately.

5.1. Using the Software services entails the Subscriber providing data for processing by the services (Hosted data). To the extent that the Provider may set limits on how much data the Subscriber may process using the Software services, such limits are listed at any given time on the Provider's website, referred to in clause 13.2 below. The Subscriber is not permitted to attempt to exceed such limits as that may lead to a degradation of the Software services, such as the stability, performance, or response time of the services.

5.2. While these Terms and conditions apply, the Subscriber has access to Hosted data through the interface of the Software services and the tools made available therein, including functionality to download the data in spreadsheet form (Microsoft Excel file format). The Provider will not provide other means of accessing Hosted data. In addition, although backup copies are made by the Provider, for continuity and security purposes, of the Software services, and such backups can include Hosted data processed by the services, such backups or data contained therein will not be made available to the Subscriber. Therefore, the Subscriber should, in all cases, retain for its own purposes the original data that it intends to process via the Software services and any backup copies it wishes to make thereof, and treat Hosted data as merely disposable copies thereof.

6.1. The Subscriber shall:

a) Promptly fulfill every one of its obligations under these Terms and conditions and any order form for the Software services, executed with the Provider, including its obligation to pay, no later than when due, any fees payable to the Provider.

b) Observe at all times, without fault, all of its duties under these Terms and conditions, in particular the limitations and requirements of the granted licenses to the Software services, cf. clause 2 above, the Subscriber's duties relating to maintenance and update of the Software services, cf. clause 3 above, and its duties relating to data protection, cf. clause 8 below, and assignment of rights, cf. clause 9 below.

c) Promptly notify the Provider as soon as practicable after the Subscriber becomes aware of: (i) any actual, threatened or suspected infringement of any intellectual property, including know-how, in respect of the Software services, any related material or of any breach of confidence relating to any of the foregoing; (ii) any claim brought against the Subscriber alleging that its use of the Software services or any related material infringes any intellectual property or other rights belonging to or alleged to belong to the claimant or another third party.

d) Take those steps, in a timely manner, that are necessary to protect the confidential information and intellectual property rights of the Provider in the Software services, and to ensure the compliance with the provisions of this clause 6, and of clause 7 below, by the Subscriber and its employees, agents and contractors that may come in contact with the Software services. This duty shall continue to apply after the Subscriber's subscription has ended.

6.2. The Subscriber shall not, except as and to the extent expressly permitted in these Terms and conditions:

a) use, copy, modify, or make the Software services available, in whole or on part, to third parties;

b) use any of the Software services' components, files, modules, audio/visual content, or related licensed materials separately from the Software services; or 

c) sublicense, rent, or lease the Software services or access thereto.

7.1. All technical, business, economic and legal information exchanged between the Provider, on the one hand, and the Subscriber, on the other hand, in connection with the Software services and these Terms and conditions are confidential and may not be disclosed to third parties, unless agreed to in advance by the relevant entities, for five years after the Subscriber's subscription has ended.

7.2. Information that has become publicly available before the Effective date, by no action or inaction by the receiving entity, shall not be construed as confidential.

7.3. The Provider can use the Subscriber's name and logo in relation to the Provider's marketing and sales activities but any public announcement of the Subscriber's subscription to the Provider's Software services must be pre-approved by the Subscriber.

8.1. Purpose and scope. Those that are subject to these Terms and conditions shall comply with their respective obligations under all applicable data protection laws, with respect to these Terms and conditions. These Terms and conditions are limited to providing the Subscriber with rights to the use of the Software services and hosting of associated data of the Subscriber's, including the pre-defined, limited processing of personal data described in the Standard contractual clauses (the Clauses) contained herein this clause 8. The Clauses are adapted from Commission Implementing Decisions (EU) 2021/915 and are included herein as the processor is subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR).

a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of the GDPR.

b) The Subscriber (the controller) and the Provider (the processor) have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679.

c) These Clauses apply to the processing of personal data as specified in clause 8.11 below.

d) Annexes I to IV are an integral part of the Clauses.

e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

8.2. Invariability of the Clauses 

a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.

b) This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.

8.3. Interpretation 

a) Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively, those terms shall have the same meaning as in that Regulation.

b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.

c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or in a way that prejudices the fundamental rights or freedoms of the data subjects.

8.4. Hierarchy. In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

8.5. Docking clause 

a) Any entity that is not a Party to these Clauses may, with the agreement of all the Parties, accede to these Clauses at any time by executing an agreement to that effect with the controller and processor.

b) Once such an agreement has been executed, the acceding entity shall be treated as a Party to these Clauses and have the rights and obligations in accordance with its designation in that agreement.

c) The acceding entity shall have no rights or obligations resulting from these Clauses from the period prior to becoming a Party.

8.6. Description of processing(s). The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in clause 8.11 below. 

8.7. Obligations of the Parties 

8.7.1 Instructions 

a) The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.

b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or the applicable Union or Member State data protection provisions.

8.7.2 Purpose limitation. The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in clause 8.11 below, unless it receives further instructions from the controller.

8.7.3 Duration of the processing of personal data. Processing by the processor shall only take place for the duration specified in clause 8.11 below.

8.7.4 Security of processing

a) The processor shall at least implement the technical and organisational measures specified on its website, referred to in clause 13.2 below, to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.

b) The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

8.7.5 Sensitive data. If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (“sensitive data”), the processor shall apply specific restrictions and/or additional safeguards.

8.7.6 Documentation and compliance

a) The Parties shall be able to demonstrate compliance with these Clauses.

b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.

c) The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.

d) The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.

e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.

8.7.7 Use of sub-processors

a) The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least 30 days in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.

b) Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

c) At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.

d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.

e) The processor shall agree a third party beneficiary clause with the sub-processor whereby - in the event the processor has factually disappeared, ceased to exist in law or has become insolvent - the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

8.7.8 International transfers

a) Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725.

b) The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.

8.8. Assistance to the controller

a) The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.

b) The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions

c) In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:

1) the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;

2) the obligation to consult the competent supervisory authority/ies prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk;

3) the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;

4) the obligations in Article 32 of Regulation (EU) 2016/679.

d) The appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause, as well as the scope and the extent of the assistance required, are set out on the processor's website, referred to in clause 13.2 below.

8.9. Notification of personal data breach. In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under Articles 33 and 34 of Regulation (EU) 2016/679 or under Articles 34 and 35 of Regulation (EU) 2018/1725, where applicable, taking into account the nature of processing and the information available to the processor.

8.9.1 Data breach concerning data processed by the controller. In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller: (a) in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons); (b) in obtaining the following information which, pursuant to Article 33(3) of Regulation (EU) 2016/679, shall be stated in the controller’s notification, and must at least include: (1) the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned; (2) the likely consequences of the personal data breach; (3) the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects. Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay. (c) in complying, pursuant to Article 34 of Regulation (EU) 2016/679, with the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.

8.9.2 Data breach concerning data processed by the processor. In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least: (a) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned); (b) the details of a contact point where more information concerning the personal data breach can be obtained; (c) its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects. Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay. All other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations, under Articles 33 and 34 of Regulation (EU) 2016/679, are set out on the processor's website, referred to in clause 13.2 below.

8.10. Non-compliance with the Clauses and termination

a) Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.

b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:

1) the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension;

2) the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725;

3) the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.

d) Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.

8.11. Description of the processing

a) Categories of data subjects whose personal data is processed: Fishermen and proprietors of fishing vessels.

b) Categories of personal data processed: Names, Social security numbers, Addresses, Telephone numbers, Fishing vessel numbers and National IDs.

c) Sensitive data processed (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures: None.

d) Nature of the processing: Registering in a database, storing, editing, viewing, deleting.

e) Purpose(s) for which the personal data is processed on behalf of the controller: To maintain control of fishing activities in line with national legislation.

f) Duration of the processing: From Effective date until termination under clause 10 below.

g) For processing by (sub-) processors, also specify subject matter, nature and duration of the processing: Oracle, assisting processor in providing the Software services, providing database and hosting services, from Effective date until termination under clause 10 below; Reyvision, assisting processor in providing the Software services, providing development services, operation services and consultation, from Effective date until termination under clause 10 below.

9.1. Rights granted to the Subscriber under these Terms and conditions are granted to the Subscriber only and the Subscriber is neither entitled to assign, transfer, sell, resell, distribute, lease rent, mortgage, charge, loan, grant security interest in, or otherwise transfer or sub-license any rights under these Terms and conditions, in whole or in part, nor to exercise them on behalf of or for the benefit of any other party, nor allow any third party to have access to the Software services, in each case except with the Provider's express prior written approval.

10.1. These Terms and conditions apply to the Subscriber's subscription to the Software services from the Effective date until the end of the last subscription period which the Subscriber has paid for in full in advance, or until end of the notice period set out in clause 10.3 below, whichever occurs first.

10.2. If a payment in full for an upcoming subscription period has not been received by the Provider from the Subscriber by the end of the then-current subscription period, the Subscriber's subscription shall be considered having been terminated by the Subscriber as of the end of the then-current subscription period.

10.3. The Subscriber can, by providing the Provider with a written notice thereof at least one month prior to the end of any subscription period, voluntarily terminate its subscription to the Software services, effective as of the Provider receiving such notice. This will however not provide the Subscriber with any right to a partial refund of any payment for the remainder of the then-current or for any previous subscription periods.

10.4. Each of the Provider and the Subscriber may terminate the Subscriber's subscription to the Software services with immediate effect if that is a reasonable response to an intellectual property infringement claim, to a court or other governmental order, or to a material change made to these Terms and conditions, cf. clause 13.2. In that case, the Provider will refund the Subscriber the payment received from the Provider for the then-current subscription period, prorated to the number of days then remaining of the subscription period.

10.5. Upon termination of the subscription, the Subscriber's license and rights to use the Software services immediately cease, and the Provider is authorized to, as of then, suspend the Subscriber's access to the Software services. If the reason for the termination is resolved within three months thereof, e.g. by the Provider receiving full payment for the subscription periods up to and including the next period after the then-current one, the Subscriber's will regain its license and rights to use the Software services and its access to the Software services will be reinstated. However, if the reason for the termination is not resolved within that time period, the Subscriber's account will be permanently closed, and any Hosted data and any backups thereof will be deleted from the Software services.

10.6. Notwithstanding any expiration of these Terms and conditions or termination of the Subscriber's subscription to the Software services, the following rights and obligations shall survive:

a) Any of the Provider's rights or remedies under these Terms and conditions, with regards to any cause by the Provider for action or to claim, whether or not accrued at the time of termination, arising from the Subscriber’s breach of, or failure to perform, any obligation under these Terms and conditions.

b) In addition to the rights and obligations which survive as expressly provided for in these Terms and conditions, any clause which by its nature should survive, shall survive and continue to be in effect after any termination or expiration hereunder.

11.1. The Provider warrants that it is the owner of and/or controls all intellectual property rights and any other rights to the Software services necessary to meet its obligations under these Terms and conditions. 

11.2. Due to the nature of the Software services as a collection of software applications, it is inherently subject to unforeseen behavior. Hence, the Provider does not warrant that the Software services will work without errors, interruptions or failures. However, the Provider does warrant that the Software services will substantially conform in all material respect to its published specification for a period of twenty four months from the Effective date. 

11.3. All other warranties, guarantees or conditions that may be implied under applicable law, including without limitation any warranties as to the effectiveness, performance, quality, merchantability, durability or fitness for any purpose of the Software services or any related material or services, or that the Software services, or any related material or services supplied by the Provider is free from any defect or error, are excluded by the Provider to the fullest extent permitted by law. However, the Provider does not exclude liability for death or personal injury caused by its intent or gross negligence, nor for fraud or fraudulent misrepresentation.

11.4. If the Software services fails to comply with the warranty, set out in clauses 11.1 and 11.2 above, then the Provider will fully refund the Subscriber the amount shown on its receipt for payment for the license to use the Software services for the then-current subscription period. The Subscriber is not entitled to any further remedy for breaches of warranty relating to these Terms and conditions.

11.5. The Provider shall in any case not bear any liability for any consequential or indirect losses, including any loss of data, damages, costs, expenses or other claim for loss of profits or revenues, business interruption, overstock situations, additional workload, or loss of data or business information, whether or not occasioned by a breach of contract or by the negligence of the Provider, its employees, agents, contractors, partners or otherwise, arising out of or in connection with these Terms and conditions or its termination, even if advised of the possibility of such damages.

11.6. In any event, the aggregate maximum liability of the Provider shall in no case exceed the amount of fees paid, to the Provider under these Terms and conditions, within the 12 months preceding the date when a written claim from the Subscriber was received by the Provider, detailing the event on which the alleged liability is based.

12.1. These Terms and conditions are subject to and governed by the laws of Iceland and any dispute arising in connection with the Terms and conditions is subject to the exclusive jurisdiction their courts of Iceland. Each entity subject to these Terms and conditions irrevocably attorns to this selection of governing laws and jurisdiction.

12.2. Notwithstanding the foregoing, the Provider reserves the right to seek and obtain injunctive relief against the Subscriber from any court of competent jurisdiction, e.g. in the form of a temporary restraining order, preliminary injunction, injunction to enforce an arbitration award, or other similar order, including obtaining full payment of all fees and costs under these Terms and conditions.

13.1. The current version of these Terms and conditions is version 1.0, effective from 1 July 2024.

The Provider is entitled to update and change these Terms and conditions, provided that the updated version is promptly published on the Provider's website, at www.fishtech.is. If any material changes are made to these Terms and conditions, the Provider shall in addition notify the Subscriber of the changes made. If the Subscriber does not consent to such changes made, it can, by providing the Provider with a written notice thereof within 30 days of receiving notice of the changes, terminate its subscription in accordance with clause 10.4 above.