Terms of Service

Last updated: December 8, 2024

1. Acceptance of Terms

By accessing or using The Wind Games mobile application and website (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service after any changes indicates your acceptance of the modified Terms.

2. Description of Service

The Wind Games is a platform for wind sports enthusiasts to:

  • Discover and join wind sports competitions and events
  • Track performance and view rankings
  • Connect with other athletes and communities
  • Participate in challenges and earn achievements
  • Integrate with GPS tracking services for session data

3. User Accounts

3.1 Registration

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Age Requirements

You must be at least 13 years old to use the Service. If you are under 18, you must have parental or guardian consent to use the Service.

4. User Conduct

You agree not to:

  • Violate any applicable laws or regulations
  • Impersonate any person or entity
  • Harass, abuse, or threaten other users
  • Upload or share inappropriate, offensive, or illegal content
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Use the Service for any fraudulent or deceptive purposes
  • Interfere with or disrupt the Service or servers
  • Use automated systems or bots to access the Service
  • Manipulate competition results or rankings

5. Competition Rules

5.1 Fair Play

Participants in competitions must compete fairly and honestly. Any attempt to manipulate GPS data, scores, or rankings will result in disqualification and potential account suspension.

5.2 Organizer Authority

Competition organizers have the authority to set rules, resolve disputes, and make final decisions regarding their events. Their decisions are final.

5.3 Safety

You participate in wind sports activities at your own risk. Always follow local safety guidelines and regulations. The Wind Games is not responsible for any injuries or accidents that occur during competitions or training.

6. User Content

6.1 Your Content

You retain ownership of content you post (photos, comments, etc.), but you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with the Service.

6.2 Content Removal

We reserve the right to remove any content that violates these Terms or that we deem inappropriate, without prior notice.

7. Third-Party Services

The Service integrates with third-party services such as Surfr for GPS tracking. Your use of these services is subject to their respective terms of service. We are not responsible for the availability, accuracy, or reliability of third-party services.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by The Wind Games and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written consent.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WIND GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

11. Indemnification

You agree to indemnify and hold harmless The Wind Games and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your account and access to the Service at any time, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. You may request deletion of your data in accordance with our Privacy Policy.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

14. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall first be attempted to be resolved through good-faith negotiation. If a resolution cannot be reached, disputes shall be submitted to the competent courts of the Netherlands.

15. Contact Us

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

  • Email: legal@thewindgames.app
  • Support: support@thewindgames.app