Sail Insight EULA

End-User License Agreement and Terms of Use

The last update: 01 January 2020

The scope of Terms

Sail Insight or “App” is a mobile application that allows its users to manage, participate, and watch regattas. Sail Insight is licensed by the Sailing Yacht Research Foundation, Inc. (“SYRF” or “Licensor”). SYRF is a non-profit foundation, based in the US and incorporated in 2006 to improve sailboat racing in all categories. With this aim, SYRF has developed the App.

Before you sign up or start using the App, please read this End-User License Agreement and Terms of Use (“Terms”) carefully. These Terms constitute a legally binding agreement between you and SYRF that applies to your use of the App, all services provided by SYRF within the App.

By using or accessing the App, you expressly acknowledge that you understand these Terms and accept them. Otherwise, if you don’t want to be bound by these Terms, you may decide not to use the App.

Eligibility

To use the App, you must be at least 18 years old or the age of majority in your jurisdiction of residence.

If you are under 18 or under the age of majority in your jurisdiction of residence, you must have your parent or legal guardian’s permission to use the App. Please ask them to read these Terms with you. Parents/legal guardians of users under 18 or the age of majority in their state of residence are subject to these Terms and responsible for their usage of the App.

SYRF has the right to limit your access to the App and restrict the use if you are not eligible, as defined above. SYRF has the right to restrict users from specific jurisdiction to use SYRF. SYRF has the right to limit your access to the App, without providing justification.

Categories of users 

The App may be accessed and used by different categories of users. The scope of your rights and obligations depends on your user role.

License 

Subject to your compliance with these Terms, SYRF grants you a limited, non-exclusive, revocable, non-transferable license to upload, install, access and use the App on your personal device for your personal, non-commercial use. Any rights not expressly granted herein are reserved by SYRF.

Limitations of use

You may not try to reproduce, modify, create derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise use the App except as expressly permitted by the License clause above.

You shall not reverse engineer, reverse compile, or disassemble the object and/or source code of the App.

You shall not create and release any software on top of the App in order to crawl, scrape, index or use data stored in the App without explicit written permission of SYRF.

Amendments of the Terms

SYRF may modify these Terms by posting an amended version in the App. Amendments are effective upon SYRF’s posting of the new version of the Terms. If you continue to use the App, this will be regarded as an acceptance of the amended Terms.

Privacy Policy

the App may request you to provide other personal data as specified in the Privacy Policy. You agree to maintain accurate, complete, and up-to-date information in your App account. SYRF may suspend or terminate your account in case of the breach of these Terms and/or provision of false, incorrect, outdated or incomplete information about yourself or a boat. SYRF’s Privacy Policy may be found at http://www.sailyachtresearch.org/sail-insights-privacy-policy/.

Payments and charges 

The App may be uploaded and used free of charge. The App doesn’t have any in-App purchases.

Internet and Cellular data provider’s fees

Internet and cellular data providers’ may charge fees for your usage of the internet for accessing and using the App.

The App may be subject to malfunctions caused by the insufficient Internet connection.

Communications 

By entering into this Agreement or using the App, you agree to receive communications from SYRF for marketing and non-marketing purposes. You may request to opt-out of receiving any marketing communication by contacting SYRF at  Admin@sailyachtresearch.org.

Any legal notices, including pre-arbitration notices, copyright infringement notices, and requests connected with the consumer protection regulations shall be sent to the email:  Admin@sailyachtresearch.org.

Intellectual property rights 

the App and all intellectual property rights contained therein, including but not limited to any user’s content, are the property of or licensed by SYRF. You may not copy, imitate, or use any intellectual property, including logo, trademark, any information and data stored in the application or its databases without the prior written consent of SYRF.

Termination

SYRF may terminate these Terms upon five days’ notice.

If you want to terminate your account and stop using the App, you must submit the request five days prior to termination to the support team.

Governing law and dispute resolution 

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or its international branch ICDR in accordance with its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The number of arbitrators shall be one. The place of arbitration shall be Boston, MA, USA. The language to be used in the arbitral proceedings shall be English.

These terms shall be construed in accordance with and governed by the substantive law of the Commonwealth of Massachusetts in the US.

Each party shall bear its own costs, irrespective of the outcome of the dispute.

THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS, AND EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

No warranty 

Except as expressly provided for herein, all services provided with the App and all related components and information are provided on an “as is” and “as available” basis without any warranties of any kind, and SYRF disclaims any and all warranties, whether expressed or implied.

To the maximum extent permitted by applicable law, SYRF expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from a course of dealing or usage of trade.

SYRF does not warrant that the App/its services are error-free, free of viruses, available at all times/locations, and without interruption and that any of the defects in the operations will be corrected. Subsequently, SYRF is not liable should any of the aforementioned occur.

Indemnity 

By accepting these Terms you agree to protect, defend, indemnify and hold harmless SYRF from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by SYRF directly or indirectly arising from (1) your usage of the App; (2) your participation in regatta; (3) your breach of these Terms; (4) your violation of any law or the rights of a third party, including other users of the App; (5) any data that you submit to SYRF or transmit through the App; (6) your ownership, use or operation of a boat.

The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or your use of this Website, the Web-application or the Services.

Limitation of liability

In no event shall SYRF be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from (1) your breach of these Terms; (2) your violation of any law or the rights of a third party, including other users of the App; (3) any data that you submit to SYRF or transmit through the App; (4) your ownership, use or operation of a boat.