Terms of Use

Last updated: May 15, 2026

These Terms of Use ("Terms") govern your use of the DownwindTracker iOS and watchOS app and the related Downwind Cloud backend service (collectively, the "Service"). By installing or using the Service you agree to these Terms. If you do not agree, do not install or use the Service.

1. The Service

The Service records sensor data from your Apple Watch during paddle sessions, transfers that data to the iOS companion app, and uploads it to a cloud backend for analysis. The Service is provided as is and may change at any time. Features and behavior described on the website or in App Store metadata are not contractual guarantees.

2. Beta status

The Service is currently in pre-release / beta. You acknowledge that beta software may contain bugs, may lose data, and may change significantly between versions. Do not rely on the Service for any safety-critical purpose. Always carry independent navigation, communication, and rescue equipment when paddling.

3. Safety disclaimer

The Service is an analysis tool, not a safety device. It is not designed for and must not be used as a navigation aid, an emergency beacon, or a substitute for proper safety equipment, training, judgment, or local conditions awareness. Ocean paddling is inherently dangerous. You assume all risk associated with your paddling.

4. Accounts

You need an account to upload sessions. You agree to provide an email address you control, to keep your account secure, and to notify us promptly of any unauthorized use. You are responsible for activity that occurs under your account. One account per person, please.

5. Acceptable use

You agree not to:

• Reverse engineer, decompile, or attempt to extract the source code of the apps, except to the extent expressly permitted by applicable law;
• Use the Service to upload data you do not have the right to upload;
• Use the Service to attack, probe, or otherwise interfere with our backend, other users, or third parties;
• Use the Service in violation of any applicable law or regulation.

6. Your content

You retain ownership of the sensor data and annotations you upload ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, and display Your Content solely to operate the Service for you, to analyze it on your behalf, and to generate aggregate, de-identified statistics that may be used to improve the Service. We do not sell Your Content. We do not publish Your Content publicly without your consent.

7. Intellectual property

The apps, the Downwind Cloud backend, the analysis pipeline, the DownwindTracker and Wind Tracer names, the logos, the source code, the design, and all related materials are owned by the publisher and protected by intellectual-property laws. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the apps on devices you own or control.

8. Apple-specific terms

You acknowledge that these Terms are between you and the publisher, not with Apple, and that Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support for the Service. In the event of any failure of the iOS app to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the Terms, will have the right to enforce them against you.

9. Termination

You may stop using the Service at any time by deleting the app and, if you have created an account, requesting account deletion at support@downwindtracker.com. We may suspend or terminate your access to the Service if you breach these Terms or if we discontinue the Service. On termination, your license to use the Service ends.

10. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that recorded sessions will always be successfully captured, transferred, or analyzed.

11. Limitation of liability

To the maximum extent permitted by law, in no event will the publisher be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising from or related to your use of the Service. The publisher's total cumulative liability arising from or related to the Service will not exceed the greater of (a) the amount you paid to use the Service in the 12 months preceding the event giving rise to the claim, or (b) USD $25.

12. Governing law

These Terms are governed by the laws of the jurisdiction in which the publisher is established, without regard to its conflict-of-laws rules. To the extent permitted by law, any dispute arising under these Terms will be resolved in the courts of that jurisdiction.

13. Changes

We may update these Terms from time to time. Material changes will be indicated by the "Last updated" date at the top of this page and, where appropriate, communicated in-app or by email. Your continued use of the Service after a change constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms:
support@downwindtracker.com

These Terms are a starting template. You should have them reviewed by qualified legal counsel before relying on them, especially before public App Store launch.