Terms and Conditions of Sale and Use

Last updated: October, 17th, 2024

1. Introduction

Welcome to UpWind Riders! These Terms and Conditions ("Terms") govern your access to and use of our app and services. By using our app, you agree to comply with and be bound by these Terms.

2. Account Usage

To use UpWind Riders, you must create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. We reserve the right to suspend or terminate accounts for violations of these Terms.

3. Subscriptions and Payments

UpWind Riders offers both a free plan, "The Wind Starter," and premium plans, "The Wind Chaser" and "The Wind Master." By subscribing to a premium plan, you agree to the pricing and payment terms as described on our platform.

- The Wind Starter (Free Plan): Includes limited access to features.
- The Wind Chaser (Premium Plan): Offers enhanced features for a monthly fee.
- The Wind Master (Premium+ Plan): Provides full access to all app features for a monthly fee.

4. Cancellation and Refund Policy

Users can cancel their premium subscriptions at any time. Cancellation will take effect at the end of the current billing cycle, and no refunds will be provided for unused portions of the subscription period.

The Publisher reserves the right to terminate any subscription and ban any user from the platform at any time, without prior notice or reason.

5. Disclaimer of Liability

UpWind Riders uses weather data to generate session recommendations. However, users are solely responsible for verifying actual conditions on-site before engaging in any water sports activities. UpWind Riders is not liable for any accidents, injuries, or damages resulting from the use of the app. Weather and water conditions can change rapidly, and users must exercise caution.

6. User Responsibilities

By using UpWind Riders, you agree not to:
- Use the app for any illegal activities.
- Misrepresent your identity or provide false information.
- Access or attempt to access another user's account without permission.

Violation of these terms may result in the suspension or termination of your account.

7. Intellectual Property

All content, software, and services provided by UpWind Riders are the property of the app and are protected by intellectual property laws. Users may not copy, distribute, or create derivative works from any part of the app without prior written permission.

8. Privacy Policy

Our collection and use of personal information are described in our Privacy Policy. By using UpWind Riders, you consent to the collection and use of your data as outlined in the Privacy Policy.

9. Modifications to the Terms

UpWind Riders reserves the right to update or modify these Terms at any time. Any changes will be posted on this page, and continued use of the app after such modifications will constitute your acceptance of the revised Terms.

10. Governing Law

These Terms are governed by the laws of Canada. Any disputes arising from the use of UpWind Riders will be resolved in the courts of Canada.

Annex – Personal Data Protection Policy

The Publisher of UpWind Riders is committed to protecting the privacy and personal data of its Users, in accordance with Canadian law. This annex outlines how we collect, process, and safeguard personal data when you use our app.

Why Do We Process Your Data?

We collect and process your personal data to:

Data Retention

Your data is retained for the duration necessary to fulfill these purposes. Data related to subscriptions may be retained for up to three years after your relationship with the app ends.

Third-Party Services

We may share your data with trusted third-party services (e.g., payment processors like Stripe) to provide certain functionalities of the app. We ensure all necessary protections are in place for such transfers.