2. International Version (Terms of Service)
Terms of Service for “Windsporttracker” (WST)
Last updated: February 2026
1. Introduction & Scope
(1) These Terms govern the use of the “Windsporttracker” (WST) App, Web Interface, and Forum provided by Matthias Koch, Eschenweg 7, 16244 Schorfheide, Germany (“Provider”).
(2) By using the Services, you agree to these Terms.
2. Services and Supported Sports
(1) Purpose: WST tracks and analyzes wind/water sports, including: Windsurfing, Kitesurfing, Wingfoiling, Sailing, SUP, Land Sailing, Ice Sailing, and E-Foiling.
(2) Modifications: We reserve the right to modify, add, or discontinue features of the Service at any time, provided this is reasonable for the user.
(3) Forum: We provide a forum for discussion. We are not obligated to publish any specific content and may remove posts at our discretion.
3. HIGH RISK WARNING & DISCLAIMER
(1) Assumption of Risk: You acknowledge that the supported sports involve inherent dangers. You assume all risks associated with your activity, including injury, death, or property damage.
(2) Not a Safety Device: WST is for post-activity analysis only. Never rely on the App for navigation or safety. You are responsible for your own safety and assessing weather conditions.
4. Registration and Account
(1) You must provide accurate information during registration.
(2) Age Limit: You must be at least 16 years old to use the Service. Users under 16 require parental consent.
(3) Security: You are responsible for keeping your login credentials confidential.
5. Paid Features (Subscriptions)
(1) Free Trial
After registration, users can fully access the app for 27 days free of charge.
No subscription is required during this period, and no payment information is collected.
(2) Paid Subscriptions
After the free trial ends, continued access to the app requires a paid subscription.
The subscription details are clearly displayed to the user before purchase.
(3) Contracting Party and Payment Processing
- Apple App Store / Google Play: The contract is concluded directly with the respective store. Store terms apply, including refund policies.
- Web Subscriptions: Payments are processed via Paddle as Merchant of Record. Paddle is the contracting party for web subscriptions.
(4) Right of Withdrawal / Refunds
- App Stores: Refunds are handled according to Apple’s or Google’s policies.
- Web (EU consumers): Web subscriptions are subject to the statutory 14-day right of withdrawal. Refunds are processed by Paddle.
(5) Term, Renewal, and Cancellation
- Subscriptions automatically renew for the chosen period unless cancelled at least 24 hours before the current period ends.
- Cancellations occur:
- via the respective store account (Apple / Google)
- via Paddle (Web)
6. User Conduct & Prohibited Use
(1) You agree not to post illegal, offensive, or spam content.
(2) Technical Restrictions: You may not:
* Use automated tools (crawlers, scrapers) to access the Service (except standard search engine indexers).
* Strain the infrastructure with an unreasonable volume of requests (DoS attacks).
* Bypass security measures or attempt to reverse engineer the App.
* Buy, sell, or trade user accounts.
(3) Enforcement: We reserve the right to remove content and ban users who violate these rules without prior notice (“Virtual House Rules”).
7. Indemnification
You agree to indemnify and hold the Provider harmless from any claims, damages, or legal fees arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party (e.g., posting copyrighted images in the forum without permission).
8. Intellectual Property & Rights
(1) App: You are granted a limited, non-transferable license to use the App for personal use during your subscription.
(2) Forum Content: You retain ownership of your posts. However, you grant us a perpetual, worldwide license to display your content within the forum service.
9. Limitation of Liability
(1) For users in Germany/EU: We are liable for intent and gross negligence. For slight negligence, liability is limited to foreseeable damages regarding essential duties.
(2) For users in USA/Rest of World: THE SERVICE IS PROVIDED “AS IS”. WE DISCLAIM ALL WARRANTIES. WE ARE NOT LIABLE FOR INDIRECT DAMAGES, DATA LOSS, OR PERSONAL INJURIES RESULTING FROM YOUR SPORTING ACTIVITIES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE LAST 12 MONTHS.
10. Privacy Policy
Data processing is governed by our Privacy Policy.
11. Final Provisions
(1) These Terms are governed by the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) EU Consumers: Mandatory consumer protection laws of your country of residence remain unaffected.
(3) Severability: If any provision of these Terms is found to be invalid, the remaining provisions remain in full force and effect.