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SailPro Terms of Service

Effective Date: 15 February 2024

Welcome to SailPro! These Terms of Service (“Terms”) govern your use of our websites, mobile applications, and services (collectively, the “Services”) provided by SailPro Pty Ltd (“SailPro”, “we”, “us”, or “our”). Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms.

Highlights:

  • Privacy: We value your privacy. See our Privacy Policy to learn how we handle your personal information.
  • Account Management: You can cancel your subscription or delete your account at any time.
  • Content Ownership: You own your content but grant us rights to use it.
  • Behavioral Expectations: Respectful behavior is expected. We may restrict access for violations.
  • Liability: SailPro is not liable for your activities, and we provide no warranties.
  • Account Suspension/Termination: We can suspend or terminate your account for violations.
  • Feedback: We welcome and may use your feedback.
  • Dispute Resolution: Disputes are subject to arbitration unless you reside in the European Union.
  • Support: Contact us if you have questions or need help.

1. Acceptance of Terms

By accessing or using the Services, you agree to comply with and be bound by these Terms and any additional terms and conditions that we may provide in the future. If you do not agree to these Terms, please do not use the Services.

2. Eligibility

The Services are intended for individuals aged 13 years or older, or the legal age in your country to use the Services. If you are under the legal age to form a binding contract, your parent or legal guardian must review and agree to these Terms on your behalf.

3. Account Registration

To use certain features of the Services, you must register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information.
  • Maintain and promptly update your information.
  • Keep your password confidential and secure.

You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

4. Payments and Fees

Payments: To access certain features, you may need to pay subscription fees. You must provide valid payment information and authorize us to charge your Payment Method. You can update your payment information at any time.

Subscription Fees: Subscription fees, including any applicable taxes, may be billed on a monthly or annual basis. All fees are payable in advance. We reserve the right to change subscription fees with reasonable notice.

Auto-Renewal: Subscription fees will be billed automatically at the start of each billing period. You can cancel your subscription at any time, but the cancellation will take effect at the end of the current billing cycle.

Refund Policy: If you reside outside the United States, you may be entitled to a full refund within fourteen (14) days of purchase, provided you have not used the Services during this period.

5. User Content

You retain ownership of the content you create and share on the Services. By posting content, you grant SailPro a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and display your content in connection with the Services.

6. Acceptable Use

You agree to use the Services responsibly and not to:

  • Violate any applicable laws or regulations.
  • Post or share content that is harmful, offensive, or infringes on others’ rights.
  • Attempt to access unauthorized areas of the Services.
  • Interfere with the operation of the Services.

7. Third-Party Services

The Services may include links to third-party websites or services. SailPro is not responsible for the content or practices of these third parties. Your interactions with third-party services are solely between you and the third party.

8. Privacy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you agree to our Privacy Policy.

9. Intellectual Property

SailPro owns all rights, title, and interest in and to the Services, including all intellectual property rights. You may not use our trademarks, logos, or other proprietary information without our prior written consent.

10. Disclaimers and Limitation of Liability

Disclaimer of Warranties

  • THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY SAILPRO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
  • SAILPRO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.
  • YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

Limitation of Liability

  • TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAILPRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  • SAILPRO DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, SAILPRO’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM SAILPRO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • SAILPRO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Medical Disclaimer

  • YOU EXPRESSLY AGREE THAT SAILPRO IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.

Activity Disclaimer

  • YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, SAILING, CYCLING, RUNNING, OR FOLLOWING A SAILPRO TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION, OR NEGLIGENCE OF SAILPRO OR BY THE ACTION, INACTION, OR NEGLIGENCE OF OTHERS.

No Endorsement

  • YOU EXPRESSLY AGREE THAT SAILPRO DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A CLUB ADMINISTRATOR.

11. Indemnification

You agree to indemnify and hold SailPro harmless from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

12. Dispute Resolution

Arbitration: Except for residents of the European Union, you agree to resolve any disputes through binding arbitration. You waive the right to participate in class actions.

Opt-Out: You may opt out of the arbitration agreement within 30 days of accepting these Terms by notifying us in writing.

13. Modifications to the Terms

We may update these Terms from time to time. We will notify you of any material changes. By continuing to use the Services after changes are made, you agree to the revised Terms.

14. Termination

We may terminate or suspend your account at any time for violation of these Terms. Upon termination, your right to use the Services will immediately cease.

15. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any legal actions arising out of these Terms must be brought in the courts located in Victoria, Australia.

16. Contact Us

If you have any questions or concerns about these Terms, please contact us at [email protected]