Terms of Service - efoilSpots

1. Introduction

Welcome to efoilSpots! These Terms of Service ("Terms") govern your use of the efoilSpots mobile application ("App"), which helps users discover, share, and navigate to electric foiling spots around the world.

By downloading, installing, or using our App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our App.

2. About Our Service

efoilSpots is a location-based mobile application that provides:

• Information about electric foiling (efoil) spots and locations
• User-generated content
• Navigation assistance to foiling locations
• Community features for sharing rider annotations and experiences

3. Acceptance of Terms

By accessing or using efoilSpots, you confirm that:

• You are at least 13 years of age (or the minimum age required in your jurisdiction)
• You have the legal capacity to enter into these Terms
• You will comply with all applicable local, state, and federal laws

4. License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the efoilSpots App solely for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

• Copy, modify, or distribute the App
• Reverse engineer or attempt to extract source code
• Create derivative works based on our App
• Use the App for commercial purposes without our written consent
• Extract, scrape, or systematically collect data from our database
• Access or attempt to access our database through unauthorized means
• Use automated tools, bots, or scripts to extract spot information or user data
• Redistribute or resell any data obtained from our service

Database Protection

Our database containing spot information, user content, and location data is protected by intellectual property laws and our terms of service. You do not have the right to:

• Extract, download, or copy our database or substantial portions of it
• Use our data to create competing services or applications
• Share or distribute our database content outside of the app
• Attempt to circumvent any technical measures protecting our data
• Use our data for commercial purposes without explicit written permission

5. User Content and Community Guidelines

Content Submission

When you submit content to efoilSpots (including photos, reviews, spot information, or comments), you:

• Retain ownership of your content
• Grant us a worldwide, royalty-free license to use, display, and distribute your content within our service
• Represent that you have the right to share this content
• Agree that your content will not violate any third-party rights

Content Ownership

By submitting content, you grant us the necessary rights to use your content as described in the Content License section below.

Content License

By submitting content to our service, you grant efoilSpots permission to:

• Display your content to other users within the app
• Use your photos and information to help other users find and evaluate efoil spots
• Include your content in app screenshots, marketing materials, and promotional content
• Modify or crop photos for display purposes (while maintaining accuracy)
• Store and backup your content to ensure service reliability

Prohibited Content

You may not submit content that:

• Contains false, misleading, or inaccurate information about foiling spots
• Infringes on intellectual property rights
• Contains offensive, harmful, or inappropriate material
• Promotes illegal activities or endangers safety
• Includes personal information of others without consent
• Contains spam, advertising, or promotional material (unless approved by us)

Spot Submission Guidelines

All spot submissions will be reviewed by our moderation team before being published. We only accept spots that are:

• Legally allows efoiling and proper efoiling speedlimits
• Publicly accessible to all riders
• Legally accessible without special permits or memberships
• Safe and appropriate for electric foiling activities
• Accurate and up-to-date

Safety Guidelines

• Research locations thoroughly before visiting - Check current conditions, access rights, and local restrictions
• Verify local laws and regulations - efoiling rules vary by location and may change without notice
• Photos and information may not reflect current conditions - Always confirm spot details, safety conditions, and accessibility on-site
• Do not submit content while operating watercraft or efoils - Content submissions should only be made when safely on land
• Always prioritize safety over app interaction - Local conditions and regulations take precedence over app guidance

efoiling Age Requirements: Age restrictions for efoiling vary significantly by location. Many areas require users to be 16+, 18+, or have parental supervision. Some locations may prohibit efoiling entirely for minors. Always check and comply with local laws, regulations, and age requirements before efoiling at any location.

Parental Responsibility: Parents and guardians are responsible for ensuring their children comply with all local age requirements and safety regulations for water sports activities. Parents who believe their child has provided information to our app should contact us immediately.

6. Location Services and Navigation

Important Safety Notice

efoilSpots provides location information and navigation assistance, but:

• Always prioritize local conditions and safety over app guidance
• Weather, tides, and water conditions change rapidly and may not be reflected in real-time
• Our location data is for general reference and should not be the sole basis for navigation decisions
• Always check local regulations, restrictions, and safety conditions before foiling

Location Data Usage

By using our location features, you agree that we may:

• Access your device's location services
• Store and process location data to improve our service

7. Disclaimers and Limitations

Water Sports Safety

• Electric foiling involves inherent risks
• Users participate in water sports at their own risk
• efoilSpots is not responsible for accidents, injuries, or incidents that occur while using locations found through our App
• Always wear appropriate safety equipment and follow local safety regulations

Information Accuracy

• Spot information is user-generated and may not always be current or accurate
• We do not guarantee the safety, accessibility, or legal status of any location
• Always verify local conditions, regulations, and access rights before visiting a spot

Service Availability

We provide the App "as is" without warranties of any kind. We do not guarantee that:

• The service will be uninterrupted or error-free
• All information will be accurate or up-to-date
• The App will meet your specific requirements

8. Privacy and Data Protection

Your privacy is important to us. Our data collection and use practices are governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points include:

• We collect location data to provide our core services
• We may use aggregated, anonymized data to improve our service
• You can control location sharing through your device settings

Data Sharing with Third Parties

We do not sell personal information to third parties. However, our data practices differ based on your membership:

Free Membership:

• We partner with Google Ads to display advertisements
• Google may collect device identifiers, usage data, and location information
• This data may be used to show relevant ads within our app and across Google's services

Paid Membership:

• No advertisements are displayed
• No data is shared with advertising partners

9. Intellectual Property

Our Rights

The efoilSpots App, including its design, features, and underlying technology, is protected by intellectual property laws. We retain all rights not expressly granted to you.

User Rights

By submitting photos, rider annotations, or spot information to efoilSpots, you grant us full rights to use, modify, and distribute this content. This includes displaying it to other users, featuring it in promotional materials, and using it to improve our service.

Third-Party Content

Some content may be provided by third parties. We respect intellectual property rights and will respond to valid copyright complaints.

We follow requests to link photos and credit photo authors. If you are the copyright holder of any content and would like proper attribution or removal, please contact us with your request or add in photo information when submitting.

10. Prohibited Uses

You agree not to:

• Use the App for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the App's functionality
• Create fake accounts or impersonate others
• Use automated scripts or bots to access our service
• Share login credentials with others
• Use the App to compete with or harm our business

11. Account Termination

We reserve the right to suspend or terminate your access to efoilSpots if you:

• Violate these Terms
• Engage in behavior that harms our community
• Misuse our service or pose security risks
• Fail to comply with applicable laws

You may delete your account at any time through the App settings.

12. Updates and Modifications

We may update these Terms from time to time. We will notify you of material changes through:

• In-app notifications
• Email notifications (if you've provided an email address)
• Updates to this page with a new "Last Updated" date

Continued use of the App after changes constitutes acceptance of the updated Terms.

13. Geographic Restrictions and Compliance

• Our service may not be available in all geographic locations
• You are responsible for complying with local laws and regulations
• Some features may be restricted based on your location
• Export laws may apply to our software

14. Third-Party Services

efoilSpots may integrate with third-party services (such as mapping providers or weather services). Your use of these services is subject to their respective terms of service and privacy policies.

15. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the amount you've paid us (if any) in the past 12 months
• We are not responsible for damages resulting from water sports activities, navigation decisions, or third-party content

16. Indemnification

You agree to indemnify and hold harmless efoilSpots and its affiliates from any claims, damages, or costs arising from:

• Your use of the App
• Your violation of these Terms
• Your content submissions
• Your water sports activities

17. Governing Law and Dispute Resolution

These Terms are governed by applicable law. Any disputes will be resolved through good faith negotiations, and if necessary, through appropriate legal channels.

18. Apple-Specific Terms

For users who downloaded efoilSpots from the Apple App Store:

• Apple is not a party to these Terms
• Apple has no obligation to provide support for the App
• In case of any failure to conform to warranties, you may notify Apple for a refund
• Apple is not responsible for addressing any claims related to the App

19. Contact Information

For questions about these Terms or our service, please contact us:

• Email: hello@efoilspots.com

20. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.