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Terms and Conditions

Kwindoo Ltd.Last updated:

These Terms and Conditions ("Terms") govern your access to and use of the Kwindoo platform, operated by Kwindoo Magyarország Ltd. By accessing or using the platform, you agree to be bound by these Terms.

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your access to and use of the websites, mobile applications, and services operated by Kwindoo Ltd., a company registered in Hungary ("Kwindoo," "we," "us," or "our"). Our primary website is located at www.kwindoo.com (the "Site"), and our mobile applications are available through various app stores (collectively with the Site, the "Platform").

By accessing or using the Platform, creating an account, or downloading our mobile application, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

We may update these Terms from time to time. When we make material changes, we will notify registered users by email or through an in-app notification. Your continued use of the Platform after such notification constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and protect your personal data.

2. Definitions

  • "Content" means all text, graphics, images, audio, video, software, data, and other materials available on or through the Platform, including the Platform's design, layout, and look-and-feel.
  • "Device" means any hardware device on which you access or use the Platform, including computers, tablets, smartphones, or other capable devices.
  • "Product" means the Kwindoo regatta organizing and tracking cross-platform system, including the website, web application, and mobile applications.
  • "Race Organizer" means a user who subscribes to a paid plan to organize, manage, and broadcast sailing events through the Platform.
  • "Racer" means a user who participates in events organized through the Platform by using our mobile application for GPS tracking and related features.
  • "Spectator" means a user who views race replays, live tracking, results, or other publicly available event content on the Platform.
  • "User" means any person who accesses or uses the Platform in any capacity, including Race Organizers, Racers, and Spectators.
  • "User Content" means any content submitted, uploaded, or posted by Users through the Platform, including but not limited to GPS tracking data, race results, photographs, videos, comments, social feed posts, profile information, and additional performance data.

3. Account Registration

Certain features of the Platform require you to create an account. When you register, you agree to provide accurate, current, and complete information and to update this information promptly if it changes.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.

You may not transfer or assign your account to another person or entity without our prior written consent. We reserve the right to suspend or terminate accounts that contain false or misleading registration information.

4. Description of Services

Kwindoo provides a regatta organizing and live tracking platform that enables Race Organizers to set up, manage, and broadcast sailing events, Racers to participate in tracked events and share their performance data, and Spectators to view live tracking and race replays.

The Platform is provided on an "as is" basis. We do not guarantee uninterrupted availability or error-free operation of the Platform. We may modify, suspend, or discontinue any feature or aspect of the Platform at any time, with reasonable notice where practicable.

5. Subscription Plans and Payment (Race Organizers)

Race Organizers must subscribe to a paid plan to access organizing features. Subscription details, pricing, and plan features are described on our pricing page and may change from time to time.

Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan selected). By subscribing, you authorize us to charge your chosen payment method at the beginning of each billing cycle. All prices are exclusive of applicable taxes unless otherwise stated.

If payment fails, we may suspend access to organizing features until payment is successfully processed. We reserve the right to change subscription pricing with at least 30 days' advance notice. Price changes will take effect at the start of your next billing cycle following the notice period.

6. Free Trials

Kwindoo may offer free trial periods for certain subscription plans or packages. Currently, the Club Pass monthly subscription includes a trial period at the beginning of the subscription, and the Flex package includes one complimentary trial event. The availability, duration, and terms of free trials may vary and are subject to change at Kwindoo's discretion.

Free trials are intended to allow prospective customers to evaluate the Platform before committing to a paid subscription. Each individual or organization is entitled to one free trial per product or plan type, regardless of the number of accounts created. Free trials are limited to one per person, organization, sailing club, or household.

We reserve the right to determine trial eligibility at our sole discretion. If we reasonably determine that a free trial is being claimed by a user who has previously used a free trial for the same product — whether under the same account or a different account — we may terminate the trial immediately and, where applicable, begin billing at the standard subscription rate or suspend access to the Platform. In making this determination, we may consider factors including but not limited to account information, payment methods, device identifiers, IP addresses, and usage patterns.

Any abuse of free trial offers, including the creation of multiple accounts to repeatedly access free trials, constitutes a violation of these Terms and may result in termination of all associated accounts.

Event data generated during a free trial period, including race results, tracking replays, and other User Content, remains available on the Platform after the trial ends, subject to the same terms as any other event data.

7. Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Upon cancellation, your subscription remains active until the end of your current billing period. For example, if you cancel an annual subscription mid-term, you retain access until the end of that annual period; if you cancel a monthly subscription mid-month, you retain access until the end of that month.

Once your subscription expires, you will no longer be able to organize new events, and any scheduled events associated with your account will become unavailable to participants and spectators.

We generally do not provide refunds for subscription fees already paid. However, if you experience a verified technical issue that materially prevents you from using the Platform as intended, the following process applies. First, you must report the issue to us at [email protected], including a clear description and supporting evidence such as screenshots or screen recordings demonstrating the problem. We will investigate and make reasonable efforts to resolve the issue within thirty (30) days of receiving your report. If we are unable to provide a satisfactory resolution within this thirty-day period, you are entitled to a full refund of the fees paid for the affected billing period. We encourage you to report issues as soon as they arise so that we can address them promptly.

8. User Content

By submitting User Content to the Platform, you grant Kwindoo a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and make available your User Content in connection with operating and promoting the Platform and our services. This license continues for as long as your User Content remains on the Platform. For GPS tracking data and race results that form part of a completed event record, this license survives account deletion to the extent necessary to maintain the integrity of historical event records.

You also grant other Users of the Platform the right to view, access, and interact with your User Content as made available through normal Platform functionality (for example, viewing race replays, commenting on social feed posts, or accessing public event results).

You retain ownership of your User Content. You represent and warrant that you own or have the necessary rights and permissions to submit your User Content, and that your User Content does not infringe any third party's intellectual property or other rights.

Race Organizers may configure their events as public or private, and may change this setting at any time. Public event data, including race results and tracking replays, is accessible to all Users and Spectators. Private event data is accessible only to participants and authorized Users.

We reserve the right to remove, edit, or decline to publish any User Content at our sole discretion, including content that violates these Terms or that we consider harmful to the Platform or its Users. We have no obligation to monitor User Content, but may do so at our discretion.

9. Acceptable Use Policy

You agree not to use the Platform in any manner that is unlawful, harmful, or in violation of these Terms. Without limitation, you may not submit User Content or engage in conduct that:

  • (a) is defamatory, abusive, harassing, threatening, or intimidating toward any person;
  • (b) is discriminatory or disparaging on the basis of race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic;
  • (c) is violent, obscene, pornographic, sexually explicit, or otherwise harmful or offensive;
  • (d) constitutes, promotes, or facilitates illegal activity of any kind;
  • (e) infringes any third party's intellectual property rights, privacy rights, publicity rights, or confidentiality obligations;
  • (f) is commercial in nature, including unsolicited advertising, spam, or solicitations, unless expressly authorized by us;
  • (g) contains malware, viruses, or any code designed to disrupt, damage, or interfere with the Platform or any connected systems;
  • (h) is intended to disrupt the community or Platform functionality, including spamming, flooding, trolling, or griefing;
  • (i) is false, misleading, or deceptive;
  • (j) impersonates any person or entity, or misrepresents your affiliation with any person or entity;
  • (k) attempts to gain unauthorized access to other Users' accounts, data, or any non-public areas of the Platform;
  • (l) uses automated means (bots, scrapers, crawlers) to access the Platform without our express written permission; or
  • (m) interferes with or circumvents any security or access-control features of the Platform.

We may investigate violations of these rules and may take any action we deem appropriate, including removing content, issuing warnings, suspending accounts, or permanently terminating access.

10. Intellectual Property

All Content on the Platform (excluding User Content) is owned by or licensed to Kwindoo and is protected by copyright, trademark, and other intellectual property laws. This includes the Platform's software, design, text, graphics, logos, icons, and overall look-and-feel.

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Content without our prior written permission, except as expressly permitted by these Terms or as enabled by normal Platform functionality.

You may not use Kwindoo's name, logos, or trademarks without our prior written consent. You may not "mirror" or frame any portion of the Platform on another website or service without our express written permission.

If you are interested in licensing any Content or using our trademarks, please contact us at [email protected].

11. Race Organizer Responsibilities

As a Race Organizer, you are responsible for ensuring that your event participants are adequately informed about the use of the Kwindoo Platform during your events, including the requirement to download and use the mobile application for GPS tracking.

We provide onboarding materials, user guides, and support resources that are publicly available on our website. We also send onboarding communications to newly registered users. We are happy to assist with participant communication upon request. However, the ultimate responsibility for participant onboarding and communication lies with the Race Organizer.

Race Organizers are solely responsible for the lawful conduct of their events, including compliance with all applicable maritime regulations, racing rules, safety requirements, and local laws. Kwindoo is a technology platform and does not organize, supervise, or assume liability for any sailing event conducted using the Platform.

12. Disclaimer and Limitation of Liability

THE PLATFORM AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KWINDOO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any Content or User Content on the Platform.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KWINDOO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO KWINDOO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL KWINDOO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE CAUSE OF ACTION OR WHETHER KWINDOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

13. Safety Warnings

The Platform is designed to provide ancillary tracking, navigation aids, and race information. It is not a replacement for proper navigational charts, instruments, or seamanship.

Users must at all times comply with applicable maritime regulations, including the International Regulations for Preventing Collisions at Sea (COLREGs) and the World Sailing Racing Rules of Sailing. Only official government charts and notices to mariners contain all information needed for safe navigation.

Users are solely responsible for the safe conduct of their vessels and for exercising prudent seamanship at all times. Any course information, route suggestions, or navigational data provided through the Platform is for informational purposes only and does not replace proper passage planning using official charts and publications.

Kwindoo accepts no liability for any accident, injury, loss, or damage arising from reliance on the Platform for navigation or safety-critical decisions.

14. Termination

We may suspend or terminate your account and access to the Platform immediately and without prior notice if you materially breach these Terms, engage in conduct that is harmful to other Users or to the Platform, fail to pay applicable fees after reasonable notice, or if we are required to do so by law.

Upon termination for cause, you are not entitled to any refund of fees paid. If we terminate your account without cause, we will provide a pro-rata refund of any prepaid subscription fees for the unused portion of your billing period.

Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination will remain in effect, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and governing law.

15. Copyright Infringement Claims

We respect intellectual property rights and expect our Users to do the same. If you believe that your copyrighted work has been used on the Platform in a way that constitutes copyright infringement, you may submit a notice to [email protected] containing the following information:

  • (a) A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
  • (b) Identification of the copyrighted work claimed to have been infringed.
  • (c) Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate it on the Platform.
  • (d) Your contact information, including name, address, telephone number, and email address.
  • (e) A statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • (f) A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We will investigate valid notices and take appropriate action, which may include removing or disabling access to the allegedly infringing material. We may also terminate the accounts of repeat infringers at our discretion.

Please note that information provided in your notice may be forwarded to the person who submitted the allegedly infringing content. Any person who knowingly and materially misrepresents that material is infringing may be subject to liability for damages.

16. End User License Agreement (EULA)

This section constitutes a non-exclusive license agreement between you and Kwindoo governing your use of the Product.

16.1 License Grant

Subject to your compliance with these Terms, Kwindoo grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Product on your personal Device(s) for your personal, non-commercial use in connection with participating in or viewing sailing events.

16.2 Permitted Uses

You may use the Product on your Device as an electronic aid to navigation and to participate in sailing activities, subject to the Safety Warnings in Section 13. Kwindoo reserves the right to display promotional messages, notifications, or banners within the Product.

16.3 Restrictions

You may not: (a) copy, modify, or create derivative works of the Product; (b) decompile, disassemble, reverse-engineer, or attempt to derive the source code of the Product; (c) remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Product; (d) rent, lease, lend, sell, redistribute, or sublicense the Product; (e) use the Product for any unlawful purpose or in violation of these Terms; or (f) attempt to bypass, disable, or circumvent any security, encryption, or access-control mechanisms in the Product.

16.4 Updates and Discontinuation

Kwindoo may release updates, patches, or new versions of the Product from time to time. Some updates may be required for continued use. Kwindoo is not obligated to support superseded or discontinued versions of the Product or to maintain compatibility with older Device hardware or operating system versions.

16.5 Duration and Termination

This license is effective from the date you download or install the Product and continues until terminated. The license terminates automatically if you fail to comply with any provision of these Terms. Upon termination, you must delete all copies of the Product from your Devices. Kwindoo may also terminate this license at any time by providing notice and a reasonable opportunity to export any data available through normal Platform functionality.

17. Third-Party App Stores

If you download or access the Product through a third-party app store (such as the Apple App Store or Google Play Store), you acknowledge and agree that these Terms are between you and Kwindoo, not the app store provider. The app store provider has no obligation to provide maintenance, support, or warranty services for the Product. Kwindoo, not the app store provider, is responsible for addressing any claims relating to the Product, including product liability claims, intellectual property infringement claims, or failure to conform to applicable legal or regulatory requirements. App store providers and their subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

You represent and warrant that you are not located in a country that is subject to a U.S. or EU government embargo or sanctions regime, and that you are not listed on any government list of prohibited or restricted parties.

18. Governing Law and Jurisdiction

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

For disputes arising between Kwindoo and Race Organizers or other business users, the courts of Budapest, Hungary shall have exclusive jurisdiction.

For Users who qualify as consumers under European Union or United Kingdom consumer protection law, nothing in these Terms restricts your right to bring proceedings in the courts of your country of residence, or limits any mandatory consumer protection rights that apply under your local law.

If you are a consumer and reside in the European Union, you may also be entitled to submit a dispute to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

19. General Provisions

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Entire Agreement. These Terms, together with our Privacy Policy and any additional terms applicable to specific features or services, constitute the entire agreement between you and Kwindoo regarding your use of the Platform.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

Force Majeure. Kwindoo shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, labor disputes, government actions, power failures, internet or telecommunications failures, or third-party service outages.

Notices. We may provide notices to you by email to the address associated with your account, by in-app notification, or by posting on the Platform. You may provide notices to us by email at [email protected].

20. Contact

If you have questions about these Terms, please contact us:

Kwindoo Magyarország Ltd.
Email: [email protected]
Website: www.kwindoo.com