Terms of Use

1. Agreement and Platform Scope

The App may be made available through the Apple App Store for iOS and watchOS, Google Play for Android and Wear OS, and the Garmin Connect IQ Store for compatible Garmin devices. Features may vary by platform, device, region, and App version.

This Agreement is between you and Wind Powered, not Apple Inc., Google LLC, Garmin Ltd., or any of their affiliates (each a “Platform Provider”). Wind Powered, and not a Platform Provider, is responsible for the App except to the extent expressly stated in the applicable platform terms.

2. License Grant

Subject to your compliance with this Agreement and the rules of the store from which you obtained the App, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the App on compatible devices that you own or control, or as otherwise permitted by applicable family-sharing or platform rules.

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

3. Platform Store Terms

Your use of the App must also comply with all applicable terms, usage rules, and policies of Apple, Google, Garmin, your mobile carrier, and any other service you use with the App. If this Agreement conflicts with mandatory terms imposed by the store through which you obtained the App, those mandatory terms control to the extent of the conflict.

Platform Providers are not responsible for the App, its content, or its maintenance and support. They may suspend distribution, remove the App, limit features, or change their services under their own terms. References to Apple, App Store, HealthKit, Google, Google Play, Android, Wear OS, Health Connect, Garmin, Garmin Connect, and Connect IQ do not imply sponsorship or endorsement.

4. Additional Apple Terms

If you obtained the App through Apple’s App Store, the following terms apply:

• this Agreement is between you and Wind Powered, not Apple, and Wind Powered is solely responsible for the App and its content;
• Apple has no obligation to provide maintenance or support services for the App;
• if the App fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any, as required by its rules; to the maximum extent permitted by law, Apple has no other warranty obligation;
• Wind Powered, not Apple, is responsible for addressing claims relating to the App or your possession or use of it, including product-liability, legal-compliance, and consumer-protection claims;
• Wind Powered, not Apple, is responsible for the investigation, defense, settlement, and discharge of third-party intellectual-property claims relating to the App;
• you represent that you are not located in a country subject to a United States government embargo or designated as a “terrorist supporting” country, and that you are not listed on a United States government prohibited or restricted parties list; and
• Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

5. Purchases and Subscriptions

Some features may require a paid subscription.

Purchases made through the Apple App Store, Google Play, the Garmin Connect IQ Store, or another authorized platform are billed and administered by that provider. The price, currency, billing interval, trial period, renewal date, and benefits shown at checkout form part of your purchase terms.

Unless the checkout terms say otherwise, subscriptions automatically renew for the same period until canceled. To avoid the next charge, cancel before the renewal deadline shown by the platform. You can manage or cancel through the account or subscription settings of the platform where you purchased. Deleting the App does not cancel a subscription.

Refunds, payment disputes, taxes, and billing corrections are handled under the rules of the platform that processed the purchase and applicable law. We do not directly process platform payments or store full payment-card details. If cross-platform access is offered, availability and restoration may depend on the purchasing platform and technical compatibility.

Free trials, promotional offers, features, and prices may change prospectively as permitted by law and applicable platform policies. Any mandatory notice will be provided by us or the relevant Platform Provider.

6. Health, Sports, and Navigation Disclaimer

The App is intended exclusively for recreational, training, analytical, and sports-assistance purposes. It is not a medical device and does not provide medical advice, diagnosis, treatment, or emergency monitoring.

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, health assessment, 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, cycling, running, skiing, motorsports, or other activities is at your own risk. Consult a qualified professional before beginning an activity if you have health or safety concerns.

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

7. GPS and Sensor Accuracy

The App may rely on GPS positioning, phone and wearable sensors, Apple HealthKit, Android Health Connect, Garmin services, motion sensors, internet connectivity, and other device or platform 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 may not always be accurate. Race calculations, buoy positioning, timing estimates, health and performance metrics are provided on an “as is” and “as available” basis.

8. 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 control the permissions granted to RacerTime through Apple, Google/Android, and Garmin settings. You are responsible for maintaining backups of race sessions, settings, and personal data. To the extent permitted by law, we are not responsible for data loss caused by device failure, deletion, synchronization errors, loss of account access, or third-party services.

9. 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.

Apple, Google, Garmin, and their respective products, services, and marks belong to their respective owners. No rights in those marks are granted under this Agreement.

10. Restrictions of Use

You agree not to use the App unlawfully; interfere with or circumvent its operation, security, licensing, or platform protections; attempt unauthorized access; introduce malicious code; exploit the App commercially without authorization; misuse health, location, or activity information; or use the App in a manner that could harm the App, users, devices, networks, or services.

You must comply with applicable export-control, sanctions, sporting, safety, maritime, and local laws.

11. Third-Party Services

Optional features may interact with Apple HealthKit, iCloud, Sign in with Apple, Google Play services, Health Connect, Google Drive, Google sign-in, Garmin devices, Garmin Connect, Connect IQ, and other third-party services. Your use of each service is subject to its provider’s terms and privacy policy.

We do not control and are not responsible for a third-party service, its data, availability, security, compatibility, changes, or discontinuation. Platform Providers have no obligation to provide support for RacerTime.

12. 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 phone or wearable model, Apple Watch, Wear OS or Garmin compatibility, operating-system version, region, permissions, connectivity, or hardware capabilities.

We do not guarantee continuous availability of any specific feature.

13. 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.

Nothing in this Agreement excludes a warranty or consumer right that cannot lawfully be excluded.

14. 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.

15. 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.

16. 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, except where mandatory consumer law in your place of residence gives you the right to bring a claim elsewhere or provides protections that cannot be waived.

17. Contact

For questions regarding this Agreement, contact:

Ulises Navarro
Email: support@racertime.app

18. Entire Agreement

This Agreement, together with the Privacy Policy and any purchase terms shown at checkout, constitutes the entire agreement between you and Wind Powered regarding the App and supersedes prior agreements relating to its subject matter.

If any provision is found unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver of it.