NKE MARINE ELECTRONICS has developed a navigation assistance application named TOPSAILOR, the functionalities of which are described on its website The professional user acknowledges having consulted said website and having received sufficient explanations in order to make an informed decision to enter into the contract.

Downloading and using the TOPSAILOR application presupposes full, complete and unreserved acceptance of these standard terms of use (ToU) by the user, who undertakes to read them attentively and to comply therewith. If the user disagrees with all or part of these ToU, they must not download or use the TOPSAILOR application. The ToU in force are available and can be consulted at any time on the website

NKE MARINE ELECTRONICS reserves the possibility of adapting them and amending them at any time, of which the user will be informed.

Who are we?


A French limited liability company (société à responsabilité limitée immatriculée) registered with the Lorient Trade and Companies Register under the number 538.107.525, having its registered office at Rue Gutenberg, ZI de Kerandré in Hennebont (56700), France.

Email address: telephone: 02 97 36 10 12

Pre-requisites for downloading and using the TOPSAILOR application

Creation of an individual account:

Downloading and using the TOPSAILOR application first requires an individual account to be created at

Only professional users, either adult individuals or legal entities, who have the legal capacity to enter into contracts can create an individual account. The user guarantees the accuracy, the validity and the comprehensive nature of the information they enter when creating their individual account. All errors in the information provided by the user in their individual account may have consequences for the use of the TOPSAILOR application (in particular, but not limited to: calculation and parameterization errors, steering assistance errors, etc.). The user must ensure that their information is kept up to date. All consequences associated with the use of the TOPSAILOR application that result from incorrect user information or user information that is not up to date cannot trigger NKE MARINE ELECTRONICS’ liability in any way.

Technical requirements:

The TOPSAILOR application can be used on Windows (versions 7 and later) with an nke USB Box (versions 2.4 and later).

Downloading and using the TOPSAILOR application requires the user to purchase and maintain in effect an internet service subscription, at their expense and under their responsibility, throughout the period during which the application is used.

User skills:

TOPSAILOR is a navigation assistance tool. It is not a substitute, in any way, for the skipper, who alone is responsible for steering their boat, for assessing the sailing conditions and for decisions linked to the navigation and steering of their boat. The TOPSAILOR application is intended to be used exclusively by informed members of the public.

Terms of use for the TOPSAILOR application

The right to use the TOPSAILOR application has been granted to the user on an individual, non-exclusive, non-assignable and non-transferable basis.

The user shall refrain from assigning and granting any form of right of access to the application to third parties, irrespective of who they may be, without NKE MARINE ELECTRONICS’ prior written authorisation.

The user is informed that the access and use of some modules and functionalities of the TOPSAILOR application require a price to be paid. Information concerning the conditions of subscription to these modules and functionalities (specifically the duration of the subscription to these modules and functionalities and the associated price) are given to the user on their simple request and in any case at the date of subscription at the latest. At the expiration-date of the duration of subscription, the user will no longer be able to access or use the modules and functionalities concerned and shall subscribe to the modules and the functionalities for a new duration and pay the associated price.

The user is informed that NKE MARINE ELECTRONICS may make changes to the TOPSAILOR application and offer access to new functionalities in the application. Payment may be required in some cases in order to download and use these new functionalities.

By downloading and using the TOPSAILOR application, the user undertakes:

  • to comply with the ToU in force without reservation;
  • not to breach any of the laws in force;
  • not to use the application in a way that could damage or compromise its access, its functioning and its use. The user shall refrain from modifying, defeating, deactivating or altering the application, and from decompiling, carrying out reverse engineering operations or attempting to reveal its source codes. Failure to comply with this obligation may give rise to legal action being taken against the user;
  • Failure to comply with this obligation may give rise to legal action being taken against the user;
  • to maintain in effect the internet accesses and subscriptions that are necessary for proper use of the application ; – to update the TOPSAILOR application in accordance with NKE MARINE ELECTRONICS’ instructions. If said updates are not applied, the user is informed that the application may not function correctly and that NKE MARINE ELECTRONICS’ liability cannot be triggered in this case, under any circumstances;
  • to report immediately any bugs that affect the TOPSAILOR application by sending an email to;
  • to check regularly the information and data saved or the parameters selected in the TOPSAILOR application, in order to avoid any errors.


In the event of a breach by the user of the obligations and prohibitions stipulated in this paragraph, NKE MARINE ELECTRONICS may, at any time, close the user’s individual account and suspend their access to the TOPSAILOR application, and to all updates to the application.

Price – Payment


The user undertakes to pay NKE MARINE ELECTRONICS the price for modules and functionalities of the TOPSAILOR application to which the user has subscribed under the conditions and within the time-limits that are notified to them.

Failure to pay amounts owed to NKE MARINE ELECTRONICS when due will authorise said company to suspend the user’s access to the said modules and functionalities (the user being still allowed to use modules and functionalities of the TOPSAILOR application that are free of charge), after the user has been sent an email reminder that has remained without effect for 10 days, and without prejudice to NKE MARINE ELECTRONICS’ right to seek the payment of default penalties at the European Central Bank’s refinancing rate, increased by 10 percentage points, the statutory indemnity for collection costs of €40 and the other expenses incurred, upon presentation of supporting documents.

Right of withdrawal – reason for exclusion of the right


Under Article L.222-7 of the Consumer Code, “the consumer has a period of fourteen calendar days to exercise his right of withdrawal, without having to justify the reason or bear penalties. According to article L.222-9 of the same code, this right of withdrawal does not apply “to contracts performed in full by both parties at the express request of the consumer before the latter exercises his right of withdrawal”.

In this case, the user is expressly informed that by validating his order and by paying the corresponding price, he can immediately download the TOPSAILOR software. Therefore, in accordance with Article L222-9 of the Consumer Code, by downloading the software without waiting for the expiration of the withdrawal period of 14 days from his order, the user will not be able to retract later and request a refund of his order.

If the user wishes to exercise his right of withdrawal and provided that he has not downloaded the TOPSAILOR software before the expiry of the 14-day period, he must return to NKE MARINE ELECTRONICS the withdrawal form shown below, at the end of these GTC or to inform NKE MARINE ELECTRONICS by any other written means mentioning the references of his order and expressing clearly and without ambiguity his will to withdraw (for example by sending to NKE MARINE ELECTRONICS an email to or a mail addressed to NKE MARINE ELECTRONICS – 6 rue Gutenberg – ZI de Kerandré – 56700 Hennebont). Translated with (free version)

Intellectual property


The elements of the TOPSAILOR application, including but not limited to, the logos, trademarks, trade names, commercial names, corporate names, domain names, text, photographs, images, drawings, models, sounds, models, designs, page layout, databases, concepts, know-how, source and executable codes, computer programs, software, copyrights and its general presentation and architecture, and, more generally, the intellectual and industrial property rights associated with the TOPSAILOR application, are the exclusive property of NKE MARINE ELECTRONICS or are the subject of a user licence granted to NKE MARINE ELECTRONICS.

Downloading and using the TOPSAILOR application does not entail a transfer to the user of any one whatsoever of NKE MARINE ELECTRONICS’ rights to all or part of the TOPSAILOR application, other than those which are expressly licensed to the user pursuant to these ToU and within the limits defined thereby.

The customer shall refrain from infringing on NKE MARINE ELECTRONICS’ rights to the TOPSAILOR application and, more generally, on all or part of its intellectual and industrial property rights.

Liability limitation / force majeure


NKE MARINE ELECTRONICS’ liability cannot be triggered in any way by the user or third parties in the event of damage, harm, failures, outages, difficulties, errors or malfunctions of the TOPSAILOR application, in particular when they are caused by:

  • Access speeds to the TOPSAILOR application, slow functioning due to external causes, the suspension or the inaccessibility of the TOPSAILOR application, which is reliant on the internet and, in particular, the user’s internet connection;
  • A case of force majeure, outages or technical problems, which are unrelated to NKE MARINE ELECTRONICS;
  • Incompatibility of the TOPSAILOR application with the user’s software, configurations, operating systems or hardware;
  • Failure to update the TOPSAILOR application;
  • An error, incorrect interpretation or a fault by the user in the use of the application, in particular when parameterizing the data or entering instructions into the application. For the record, the TOPSAILOR application is a steering assistance tool, but is no substitute for the skipper, who alone makes the steering decisions for their boat and assumes the consequences of their navigation and steering choices;
  • More generally, any breach of these ToU by the user.


Applicable law / Dispute resolution


These ToU are governed by French law.

In the event of a dispute between NKE MARINE ELECTRONICS and a user during the downloading and/or use of the TOPSAILOR application, the parties shall endeavour to seek an amicable solution to this dispute.

If the parties are unable to reach an amicable agreement, the dispute shall be brought before the Court of competent jurisdiction for the district of Lorient (France), even in the event of urgent applications, interlocutory applications, precautionary measures, third party notices or multiple respondents.

You can have free recourse to the consumer mediation service of the Centre for Mediation and Amicable Settlement of Judicial Officers MEDICYS :


Address: Médicys, 73 boulevard de Clichy – 75009 Paris

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform is accessible at the following link:

Severability / Absence of waiver


The invalidity or inapplicability of a clause of these ToU shall not entail the invalidity of all the other clauses of the ToU, unless said invalidity or inapplicability renders the ToU devoid of purpose or impossible to perform. No tolerance by NKE MARINE ELECTRONICS, regardless of the nature, the extent, the duration or the frequency thereof, may be regarded as creating any form of right whatsoever for the user, or be construed as a waiver by NKE MARINE ELECTRONICS of the right to avail itself of any one of the provisions of these ToU.



The user acknowledges and accepts that the emails and automatic data logging systems used on the TOPSAILOR website and application are authentic and authoritative, and constitute valid forms of evidence.