Terms of Service

These Terms govern your access to and use of GapAnalyzer, a software-as-a-service product operated by Section Nine AS. By creating an account, requesting access, or using the service you agree to these Terms.

1. Provider

The service is provided by Section Nine AS, organisation number 935 659 965, registered office Mildevegen 26, 5259 Hjellestad, Norway. Contact: [email protected].

2. The service

GapAnalyzer analyses Dynamic Positioning operations manuals, FMEAs, and trials programmes against published industry guidance (including IMCA M 103 and the MTS DP Operations Guidance) and produces structured gap-analysis reports.

Reports are advisory. They are intended to support, not replace, professional judgement, vessel-specific assurance work, or any review carried out by a classification society, flag administration, or independent DP assurance specialist.

3. Accounts

You are responsible for keeping your credentials secure and for activity carried out under your account. One account is intended per legal entity unless we agree otherwise in writing.

4. Acceptable use

You agree not to:

• upload documents you do not have the legal right to analyse;
• use the service to evaluate documents that are not within the scope of DP operations;
• reverse engineer, scrape, or attempt to extract the underlying models or system prompts;
• circumvent authentication, rate limits, or any other technical control;
• use the service to violate applicable law or to infringe the rights of others.

5. Customer content and intellectual property

You retain all rights in the manuals, drawings, and other documents you upload ("Customer Content"). You grant Section Nine a limited, non-exclusive licence to process Customer Content solely as necessary to deliver the service to you.

Generated gap-analysis reports are licensed to you for your internal compliance and assurance use. Section Nine retains ownership of the underlying software, prompts, rubrics, and any general improvements to the service.

6. AI-generated output

Reports are produced using large language models (provided by Anthropic, PBC). Model outputs are probabilistic, may contain errors or omissions, and may change between versions. You are responsible for reviewing any finding before relying on it for operational, contractual, or regulatory decisions.

7. Fees and payment

Fees, currency, billing frequency, and any usage limits are set out in the order form, quote, or pricing page applicable to your account. Where fees are not yet enabled, the service is provided on the basis described in your access agreement. We will notify you in advance of any change to fees that affects you.

8. Service levels and changes

We aim to provide the service on a commercially reasonable best-effort basis. We do not currently offer a contractual service-level agreement; if one is required for your engagement it must be agreed in writing. We may improve, change, or occasionally suspend parts of the service for maintenance, security, or product reasons; we will give reasonable notice for material changes that affect you.

9. Confidentiality

Each party will protect the other's confidential information with the same care it uses for its own confidential information, and will not disclose it except to those who need it to perform the agreement and are bound by equivalent confidentiality obligations.

10. Termination

Either party may terminate the agreement on 30 days' written notice. We may suspend or terminate access immediately for material breach (including non-payment or violation of section 4). On termination we will, on request, export your data in a reasonable structured format and then delete it on the schedule set out in the Privacy Policy.

11. Warranties and disclaimers

Except as expressly stated in these Terms, the service is provided on an "as available" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. No warranty is given that reports are complete, accurate, or suitable for any specific regulatory or contractual purpose.

12. Liability

To the maximum extent permitted by law, the aggregate liability of either party arising out of or related to the agreement is limited to the fees paid by the customer in the 12 months preceding the event giving rise to the claim. Neither party is liable for indirect, consequential, special, or punitive damages, or for lost profits, lost revenue, or loss of data.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, wilful misconduct, or personal injury.

13. Indemnification

You will defend and indemnify Section Nine against third-party claims to the extent they arise from your Customer Content or your use of the service in violation of these Terms or applicable law.

14. Governing law and venue

These Terms are governed by the laws of Norway. The exclusive venue for disputes is Bergen tingrett (Bergen District Court).

15. Changes to these Terms

We may update these Terms from time to time. We will notify active customers by email at least 30 days before material changes take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

16. Contact

Section Nine AS, Mildevegen 26, 5259 Hjellestad, Norway. General enquiries: [email protected]. Privacy enquiries: [email protected].