Terms of Use

1. License Grant

Subject to your compliance with this Agreement and applicable App Store terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices that you own or control.

This license is provided solely for personal, non-commercial use unless otherwise expressly authorized.

2. Apple App Store Terms

This Agreement is between you and Wind Powered, not Apple.

Apple is not responsible for:

• the App, maintenance or support services,
• claims relating to the App, or
• the investigation, defense, settlement, and discharge of third-party intellectual property claims.

Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

Your use of the App must comply with the applicable App Store Terms of Service.

3. Subscription Terms

Some features may require a paid subscription.

Subscriptions:

• are billed through your Apple ID account,
• automatically renew unless canceled at least 24 hours before the end of the current billing period,
• may be managed or canceled through your Apple Account Settings after purchase.

Payment will be charged to your Apple ID account upon confirmation of purchase.

We do not directly process payments and cannot issue refunds for purchases made through Apple. Refund requests must be handled through Apple.

Free trials, promotional offers, and pricing may change as permitted by applicable law and App Store policies.

4. Health, Sports, and Navigation Disclaimer

The App is intended exclusively for recreational, training, analytical, and sports-assistance purposes.

The App:

• is not certified navigation equipment,
• is not a maritime safety system,
• is not an emergency rescue tool, and
• must not be relied upon as the sole source of navigation, timing, positioning, safety, or tactical decision-making.

You are solely responsible for your safety, your vessel, compliance with maritime regulations, weather assessment, race decisions, and all actions taken while using the App.

Use of the App during water sports, racing, sailing, windsurfing, kitesurfing, or navigation activities is entirely at your own risk.

Always maintain proper situational awareness and use official navigation instruments and safety equipment where appropriate.

5. GPS and Sensor Accuracy Disclaimer

The App may rely on GPS positioning, Apple Watch sensors, motion sensors, internet connectivity, and third-party device services.

We do not guarantee accuracy, availability, precision, real-time performance, uninterrupted operation, or reliability of any measurements, positioning data, race calculations, timing systems, or analytics.

GPS and sensor data may be affected by weather, terrain, signal obstruction, device limitations, battery conditions, software issues, or external interference.

Maneuver detection is continuously improving and may not always be fully accurate. Race calculations, buoy positioning, timing estimates, and performance metrics are provided on an as is and as available basis.

6. User Data and Privacy

Your use of the App is also governed by our Privacy Policy.

By using the App, you acknowledge that certain technical and usage information may be processed in accordance with the Privacy Policy.

You are responsible for maintaining backups of your own race sessions, settings, and personal data. We are not responsible for data loss.

7. Intellectual Property

The App, including its software, interface, graphics, branding, design, features, algorithms, and content, is owned by Wind Powered and protected by applicable intellectual property laws.

You may not copy, modify, reverse engineer, distribute, sublicense, sell, or create derivative works from the App except where expressly permitted by law.

8. Restrictions of Use

You agree not to use the App unlawfully, interfere with the App’s operation, attempt unauthorized access, exploit the App commercially without authorization, or use the App in any manner that could harm the App, users, or services.

9. Availability and Modifications

We may modify, suspend, restrict, or discontinue any part of the App at any time without liability.

Features may vary depending on device model, Apple Watch compatibility, operating system version, region, or hardware capabilities.

We do not guarantee continuous availability of any specific feature.

10. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the App is provided as is, as available, and without warranties of any kind.

We disclaim all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement.

We do not warrant that the App will be error-free, uninterrupted, secure, or compatible with all devices or operating systems.

11. Limitation of Liability

To the maximum extent permitted by law, Wind Powered shall not be liable for indirect damages, incidental damages, consequential damages, loss of profits, loss of race results, navigation errors, sports injuries, vessel damage, loss of data, or any damages arising from the use or inability to use the App.

Your use of the App is entirely at your own risk. If applicable law does not allow certain liability limitations, portions of the above limitations may not apply to you.

12. Termination

This Agreement remains effective until terminated.

We may suspend or terminate your access to the App at any time if you violate this Agreement.

Upon termination, your license to use the App immediately ends, and you must stop using the App.

13. Governing Law

This Agreement shall be governed by and interpreted under the laws of Chile, without regard to conflict of law principles.

Any disputes arising from this Agreement shall be subject to the jurisdiction of the courts of Chile.

14. Contact

For questions regarding this Agreement, contact:

Ulises Navarro
Email: support@racertime.app

15. Entire Agreement

This Agreement constitutes the entire agreement between you and Wind Powered regarding the App and supersedes any prior agreements relating to its subject matter.