Terms of Service

1. Eligibility

You must be at least 18 years old to create a SailTrace account. By using the Service, you represent that:

• you are 18 or older and have the legal capacity to enter into this agreement;
• you are not located in, ordinarily resident in, or a national of any country subject to comprehensive United States sanctions;
• you are not on the US Department of the Treasury's Specially Designated Nationals list or any other US restricted-parties list; and
• you are not barred from using the Service under any other applicable law.

The Service is offered from the United States and is intended for users in the United States and Canada. We make no representation that the Service is appropriate or available in other locations; you use it from elsewhere at your own initiative and are responsible for compliance with local law.

2. The Service

SailTrace lets you record GPS-based sailing sessions on your iOS device, upload them to your SailTrace account, and view, replay, and analyze the resulting races on the SailTrace web dashboard and in the app. Pro subscribers, founding members, and users covered by a sponsored arrangement (through a yacht club, event, or series) receive access to additional features described in the app.

We may add, change, suspend, or discontinue any part of the Service at any time. We will give reasonable notice of changes that materially reduce the core functionality available to paying subscribers.

3. Not a navigation aid — sailing safety

SailTrace IS NOT a navigation, collision-avoidance, weather, or safety-of-life system. It does not replace a chart, a compass, official weather services, a VHF radio, or the rules of the road at sea. Do not rely on SailTrace to navigate, to avoid hazards, to predict weather, or to make decisions that affect the safety of a vessel or its crew.

You are solely responsible for the safe operation of your vessel. You must follow the International Regulations for Preventing Collisions at Sea (COLREGS) and any applicable local rules. Do not interact with the SailTrace app in any way that distracts you from safe sailing or compromises situational awareness.

4. Your account

You are responsible for the activity that occurs under your account, including any content you upload and any actions you authorize others to take. Keep your credentials confidential, and notify us at support@firstbytestudio.com if you suspect unauthorized access. You may delete your account at any time from Account → Delete Account in the app.

5. Acceptable use

You will not:

• use the Service in violation of any applicable law, regulation, or third-party right;
• attempt to gain unauthorized access to any part of the Service, to other users' accounts or data, or to systems we use to operate the Service;
• reverse engineer, decompile, or attempt to extract source code, except to the extent applicable law allows;
• use the Service or any data obtained from it to train machine-learning models or to build a competing product;
• scrape, crawl, or use automated tools to access the Service except where we expressly permit it;
• upload content that infringes intellectual-property rights, that is unlawful, defamatory, harassing, or harmful, or that contains malware;
• impersonate another person or sailor, falsify your identity, or misrepresent your affiliation with a person, team, club, or event; or
• use the Service in a way that interferes with another user's ability to use it.

6. Your content and derived data

You retain all rights in the recordings, photos, race annotations, comments, and other content you submit to the Service ("Your Content"). You grant FirstByte a worldwide, non-exclusive, royalty-free license to host, store, copy, reproduce, transmit, display, and create derived data from Your Content solely to operate, secure, and improve the Service for you and the other users you choose to share with. The license ends when you delete Your Content or your account, except (a) for residual backup copies kept for the period described in our Privacy Policy and (b) for aggregated or de-identified data that no longer identifies you.

Derived data. FirstByte owns the race reconstructions, course geometries, maneuver detections, fleet analytics, and machine-learning model outputs that we compute from Your Content. You retain ownership of the raw recordings, photos, and other content you uploaded.

Aggregated and de-identified data. We may use aggregated and de-identified data derived from sailing activity — which no longer identifies you — for any purpose consistent with our Privacy Policy, including improving the Service, training machine-learning models, and publishing aggregate insights.

Your representations. You are responsible for ensuring you have the rights necessary to upload Your Content and to share it with the audience you select within the Service. You represent and warrant that Your Content does not violate these Terms or any third-party right.

7. Pro subscriptions and billing

7.1 What Pro is

Pro is a recurring subscription that unlocks the features described as "Pro" in the app at the time you subscribe. Pricing is shown in the app and on the web checkout before you confirm a purchase.

7.2 If you subscribe through the App Store (iOS)

Your subscription is sold by Apple and is governed by Apple's terms. Payment is charged to your Apple ID at confirmation. The subscription renews automatically for the same period at the same price unless you cancel at least 24 hours before the end of the current period. Manage and cancel subscriptions in Settings → your Apple ID → Subscriptions on your iOS device. Deleting the SailTrace app does not cancel a subscription. Refunds for App Store purchases are handled by Apple.

7.3 If you subscribe on the web (Stripe)

Payment is processed by Stripe. The subscription renews automatically for the same period at the same price unless you cancel before the renewal date. You can cancel at any time from the SailTrace web dashboard or by emailing support@firstbytestudio.com. Cancellation takes effect at the end of the current paid period; you keep Pro features until then.

Refunds. Subscription fees are non-refundable except where required by law or where these Terms expressly provide otherwise. We will email you a receipt at the beginning of each paid period and a renewal reminder before each renewal where required by law.

7.4 Price changes

We may change Pro pricing. We will give you at least 30 days' notice of a price change by email or in-app notice; the change takes effect at your next renewal after the notice period. If you do not accept the change, cancel before the effective date.

7.5 Sponsored access

If a yacht club, event, series, or other organization sponsors your access to Pro features, those features are available to you for the period and scope the sponsor has paid for. When the sponsorship ends, Pro features stop unless you start a paid subscription.

8. Beta and preview features

We may label some features as "beta," "preview," "experimental," or words of similar import. Those features are provided strictly AS-IS and AS-AVAILABLE, may be inaccurate, incomplete, modified, or removed at any time, and are excluded from any uptime or service-level commitment that otherwise applies to the Service. The disclaimers and limitations elsewhere in these Terms apply with full force to beta features.

9. Intellectual property

SailTrace and its underlying software, designs, logos, and content (other than Your Content) are owned by FirstByte or its licensors and are protected by copyright, trademark, and other laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No other rights are granted by implication.

10. Feedback

If you send us suggestions or feedback, you grant FirstByte a perpetual, irrevocable, royalty-free license to use it for any purpose without obligation to you.

11. DMCA / copyright complaints

If you believe content on the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act to FirstByte, LLC, Attn: DMCA Agent, at copyright@firstbytestudio.com.

Your notice must include: identification of the copyrighted work; identification of the material to be removed and information sufficient to locate it; your contact information; a statement that you have a good-faith belief that the use is not authorized; a statement under penalty of perjury that the information is accurate and you are authorized to act; and your physical or electronic signature.

We may terminate the accounts of users we determine to be repeat infringers.

12. Apple-enabled application

The iOS app is licensed, not sold, to you. The license is granted by FirstByte only, and Apple has no responsibility for the iOS app. The following Apple-required terms apply when you use the iOS app:

• The license is non-transferable and is limited to use on Apple-branded devices you own or control, in accordance with the App Store Terms.
• Apple is not responsible for providing maintenance or support.
• FirstByte, not Apple, is solely responsible for the iOS app and its content. Any warranty, product-liability, third-party-IP, or consumer-protection claim is FirstByte's responsibility to the extent not validly disclaimed.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms with respect to the iOS app and have the right to enforce them against you.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FIRSTBYTE DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

MACHINE-LEARNING AND INFERRED OUTPUTS. RACE RECONSTRUCTIONS, INFERRED WIND, COURSE GEOMETRIES, MANEUVER DETECTIONS, AND ANY OTHER OUTPUT PRODUCED BY SAILTRACE'S MACHINE-LEARNING OR HEURISTIC INFERENCE ARE ESTIMATES, NOT MEASUREMENTS, AND MAY BE INACCURATE OR INCOMPLETE. DO NOT RELY ON THEM FOR ANY DECISION AFFECTING SAFETY, OFFICIAL RACE RESULTS, PROTEST HEARINGS, INSURANCE, OR ANY OTHER MATTER WHERE ACCURACY IS REQUIRED.

WITHOUT LIMITING THE ABOVE, FIRSTBYTE EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS SUITABLE FOR MARINE NAVIGATION, COLLISION AVOIDANCE, WEATHER FORECASTING, OR ANY OTHER SAFETY-OF-LIFE PURPOSE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) FIRSTBYTE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.

(b) FIRSTBYTE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID FIRSTBYTE FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED US DOLLARS (USD $100).

(c) Carve-outs. The limitations in this Section do not apply to: liability that cannot be limited under applicable law; death or personal injury caused by FirstByte's gross negligence or willful misconduct; or FirstByte's intentional misconduct or fraud.

The limitations in this Section apply to the maximum extent permitted by law; some jurisdictions do not allow the exclusion of certain damages, so some exclusions may not apply to you.

15. Indemnification

You will defend, indemnify, and hold harmless FirstByte and its officers, directors, employees, and agents from any claim, demand, loss, or expense, including reasonable attorneys' fees, arising out of (a) Your Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

16. Force majeure

Neither party is liable for any failure or delay in performance under these Terms (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, government action, labor disturbances, internet or telecommunications failures, denial-of-service attacks, cyberattacks, pandemics, or outages of third-party services on which the Service depends (including Amazon Web Services, Mapbox, Stripe, Postmark, and Apple). The affected party will use reasonable efforts to resume performance.

17. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service.

Suspension for material risk. We may suspend your access without prior notice if we reasonably believe continued access poses a material risk to the Service, to other users, or to compliance with law. We will notify you within a reasonable time after suspension and give you an opportunity to respond and, where appropriate, cure.

Refunds on termination by us without cause. If we terminate your paid subscription without cause and you are not in breach of these Terms, we will refund the unused portion of any prepaid fees.

Survival. Sections that by their nature should survive termination — including 3 (sailing safety), 5 (acceptable use), 6 (your content and derived data, last paragraphs), 9 (intellectual property), 10 (feedback), 13 (disclaimers), 14 (limitation of liability), 15 (indemnification), 16 (force majeure), 18 (dispute resolution), 19 (governing law), and 21 (miscellaneous) — survive termination.

18. Dispute resolution — arbitration, class waiver, time limit

(a) Informal resolution. Before filing any claim, you agree to contact us at support@firstbytestudio.com and give us 60 days to resolve the dispute informally.

(b) Binding arbitration. Any dispute not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or, at FirstByte's election, by JAMS under its Streamlined Arbitration Rules and, where applicable, its Mass Arbitration Procedures. The arbitration will take place in Delaware, or by video where the rules permit. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Class action waiver. Disputes will be brought only in an individual capacity. You waive any right to participate in a class action, class arbitration, or representative proceeding.

(d) Mass-arbitration / batching protocol. If twenty-five (25) or more demands for arbitration are filed against FirstByte by or with the coordination of the same law firm or coordinated group of firms ("Mass Arbitrations"), the parties agree that:

• the demands will be administered by JAMS under its Mass Arbitration Procedures (if available), notwithstanding subsection (b);
• the demands will be grouped into batches of up to fifty (50) claimants each;
• one batch will proceed at a time, with a single bellwether arbitrator hearing the batch;
• discovery and procedural rulings in the bellwether batch will apply to subsequent batches except where individualized issues require otherwise; and
• after the first three (3) batches, the parties will meet and confer in good faith about a global resolution before any additional batches proceed.

This subsection is intended to ensure efficient, fair handling of coordinated claims while preserving each claimant's right to an individual decision on the merits.

(e) Time limit. Any claim arising out of or related to the Service or these Terms must be filed within one (1) year after the claim accrued, or it is permanently barred, except where applicable law prohibits a shortened limitations period.

(f) Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property.

(g) 30-day opt-out. You may opt out of subsections (b), (c), and (d) by sending written notice to legal@firstbytestudio.com within 30 days of first accepting these Terms. Opt-out does not affect the other provisions of these Terms.

19. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Changes to these Terms

We may update these Terms from time to time. We will update the "Last updated" date and, for material changes, give at least 7 days' notice by email or in-app notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

21. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and FirstByte regarding the Service. Our privacy practices are governed solely by the Privacy Policy; no statement made elsewhere — on our website, in marketing materials, in support communications, or otherwise — creates a privacy commitment beyond what is set out in the Privacy Policy.

No reliance. You have not relied on any statement, promise, or representation that is not expressly set out in these Terms or the Privacy Policy.

Severability and blue-pencil. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. A court or arbitrator is authorized to modify the unenforceable provision to the minimum extent necessary to make it enforceable and to give maximum effect to the parties' original intent. If a provision of Section 18 (Dispute resolution) is held unenforceable, the class action waiver in §18(c) remains in effect to the maximum extent permitted by law.

Other. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor. Notices to FirstByte must be sent to legal@firstbytestudio.com.

22. Contact

FirstByte, LLC · support@firstbytestudio.com