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Posted Jun 13, 2025 - 06:00 UTC
Scheduled
Effective June 16, 2025, our Terms of Use for the Kognifai Services is updated as follows:
Clause 1 – All references to Kongsberg Digital (“KDI”) have been removed, due to the transfer of its maritime portfolio to its affiliate, Kongsberg Maritime. References are now to K-Sim AS (“Kongsberg”), a wholly owned subsidiary of Kongsberg Maritime that has assumed all related obligations and rights under the Terms of Use. Clarified that in the event of any conflict, the Customer’s Subscription Agreement prevails over the Terms of Use.
Clause 3, 2nd paragraph – Clarified that the Customer is only responsible for preventing unauthorised access to Kognifai Services via their own account and within their control. There is no expectation that the Customer secures the services as a whole.
Clause 4.1 – Clarified how vessel data is transferred to the cloud. Also updated to reflect that Kongsberg now performs frequent short-term and long-term backups of Customer Data to support recovery. However, these backups may not meet all Customer-specific needs, so Customers are still encouraged to maintain their own backups as required.
Clause 4.2 – The Privacy Statement link has been updated to Kongsberg Maritime’s version due to the portfolio transfer. There are no material changes to the policy. It is also clarified that routine processing of Personal Data is not expected as part of the Kognifai Services. However, should this be the case for any Kongsberg or Third Party Applications Customer decides to subscribe to, then the Customer needs to comply with the applicable privacy policies of such Kongsberg or Third Party Applications.
Clause 5 – Updated to state that Kongsberg will provide no less than 6 months’ notice for any planned material Updates that significantly impact access to or use of Kognifai Services owned by Kongsberg, or that involve deprecation or discontinuation of material components or functionalities.
Clause 6 – Updated to further describe Kongsberg’s ‘defense-in-depth’ approach to security and explain how cookies function within the Kognifai Platform. Authorized Users can adjust cookie settings directly within the platform.
Clause 9.4 – Clarified that Customers must take commercially reasonable steps to avoid introducing viruses, not only through Customer Data, but also through the actions or omissions of the Customer or its Authorized Users. Kongsberg’s corresponding obligation remains in Clause 9.1. The Trade Controls section (paragraphs 4-5) has been fully updated to address vessel flag states, sanctionable activities (with an exception for innocent passage), and restricted end use.
Clause 11.3(f) – Clarified that if the Customer requests data sharing with third parties, Kongsberg cannot be responsible for the data once it is shared, including when data is shared between Kognifai Services Customers (a shipowner and a charterer for example).
Clause 11.3, last paragraph – Clarified that upon termination, Kongsberg and its Associates can only keep any improvements, developments and Analysis already made using Customer Data but will delete the Customer Data itself.
Effective June 16, 2025, our SLA for the Kognifai Services is updated as follows:
Recitals – All references to Kongsberg Digital (“KDI”) have been removed, due to the transfer of its maritime portfolio to its affiliate, Kongsberg Maritime. References are now to K-Sim AS (“Kongsberg”), a wholly owned subsidiary of Kongsberg Maritime that has assumed all related obligations and rights under the SLA.
Recitals – The order of precedence has been clarified: both the Subscription Agreement and the Terms of Use take precedence over the SLA in the event of a conflict. The previous version only referenced the Subscription Agreement taking precedence.
Recitals – Definitions have been aligned with those in the Terms of Use. For example, “services” is now “Kognifai Services,” as defined in the Terms of Use, covering all services the Customer has subscribed to under its Subscription Agreement.
Clause 1.2 – The incident priority/response time table has been updated to clarify the definition of response time, business hours, and a business day (see asterisks below the table).
Clause 2 – Updated to clarify that while service level objectives are warranted, these exclude service unavailability caused by Kongsberg Hardware. Clause 3 continues to cover hardware repair or replacement as needed.
Clause 4 – A new point of contact has been added for escalation of incidents.