Terms of Service

Acceptance of Terms

By using SailTrace ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the Service. The Service is available only to users located in the United States.

Description of Service

SailTrace is an app that enables sailors to record, replay, and analyze their races. The Service is provided by FirstByte, LLC, a Delaware limited liability company.

User accounts

To use the Service, you must create an account. You are responsible for keeping your account credentials confidential and for all activities under your account. Notify us immediately at support@firstbytestudio.com if you suspect unauthorized use of your account. You may delete your account at any time through the app’s settings.

User obligations

You agree to use the Service responsibly and in compliance with these Terms. You will not:

• Use the Service in any manner that violates applicable U.S. laws or regulations.
• Attempt to disrupt the Service’s operation or access data not intended for you.
• Transmit harmful, abusive, or illegal content through the Service.
• Use the Service while sailing in a way that distracts you from safe sailing practices.

Intellectual property

The Service and its content—including text, graphics, logos, and software—are owned by FirstByte, LLC or its licensors and are protected by U.S. copyright and intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our prior written consent.

Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or free of harmful components, nor do we warrant the accuracy, completeness, or reliability of any information provided through the Service.

Limitation of liability

To the fullest extent permitted by law, FirstByte, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages—or any loss of profits, data, use, goodwill, or other intangible losses—resulting from: (a) your use or inability to use the Service; (b) unauthorized access to our servers or your data; (c) bugs, viruses, or harmful code transmitted through the Service; or (d) errors or omissions in content provided via the Service.

Indemnification

You agree to indemnify, defend, and hold harmless FirstByte, LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorney’s fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

Governing law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Dispute resolution

Any disputes arising from these Terms or the Service will be resolved through binding arbitration under the rules of the American Arbitration Association. Arbitration will occur in Delaware, and the resulting award may be entered in any court with jurisdiction.

Changes to these Terms

We may update these Terms periodically. Changes will be posted on this page, and significant updates will be communicated via the app or our website. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

Contact us

For questions about these Terms, contact us at support@firstbytestudio.com.