Terms of Service from SailClass

1. Use of our service

SailClass offers an online platform for sailors and those who want to become sailors. In particular, SailClass offers the following services:

• Sailing education (Edu): We offer our users a wide range of interactive online sailing courses, including preparatory courses for boating licenses and other nautical licenses. In addition, we offer practical sailing lessons in cooperation with selected partners.
• Yacht charter and sailing trips (charter): As a charter agency, we enable our users to hire yachts and boats through partners such as yacht owners and fleet operators. We also organize sailing trips and training trips.
• Community (Crew): SailClass Community The SailClass Community offers users a platform for exchanging information on all aspects of sailing. Here, users can get in touch with each other, find sailing opportunities, look for crew members, offer their own sailing-related services and network on a wide range of sailing-related topics. The community promotes the exchange of experiences, tips and the planning of joint activities among sailing enthusiasts.

The SailClass platform can be accessed under the following domains: sailclass.com, sailclass.ch, sailclass.de, sailclass.at, sailclass.it, sailclass.fr, sailclass.nl, sailclass.dk, sailclass.pl, sailclass.es, sailclass.uk, sailclass.us and sailclass.ca.

A. Eligibility

This is a contract between you and SailClass. You must read and agree to these Terms before using the SailClass Service. If you do not agree, you may not use the Service. You must be 16 years of age or older to use the Service. If you are under 18 and wish to register to use any part of the Services, please ask your parent or guardian to read and agree to these Terms before you use any part of the Services, or ask them to make the purchase or registration on your behalf. Additional terms may apply to some Services, such as rules for a particular sweepstakes, promotion or other activity, or terms that may accompany certain content accessible through the Services. Additional terms and conditions will be disclosed to you in connection with such contests, services or activities. Any supplemental terms and conditions are in addition to these Terms and will take precedence over these Terms in the event of a conflict. The Service is not available to users who have previously been removed from the Service by SailClass.

B. SailClass service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service solely for your personal, non-commercial use and as permitted by the features of the Service. SailClass reserves all rights not expressly granted herein in the Service and the SailClass Content (as defined below). SailClass may terminate this license at any time for any reason or no reason.

C. SailClass accounts

Your SailClass account gives you access to such services and features as we may establish and maintain from time to time and in our sole discretion. By connecting to SailClass through a third party service (e.g. Google, Apple, Facebook or X(Twitter)), you grant us permission to access and use your information from that service as permitted by that service and to store your login credentials for that service.

You may never use another user's account without permission. You must provide accurate and complete information when creating your account. You are solely responsible for the activities that occur on your account and you must keep your account password secure. We recommend that you use "strong" passwords (passwords that contain a combination of upper and lower case letters, numbers and symbols) for your account. You must notify SailClass immediately of any breach of security or unauthorized use of your account. SailClass will not be liable for any loss resulting from unauthorized use of your account.

You can control your user profile and the way you interact with the Service by changing the settings on your "Account Settings" page. By providing SailClass with your email address, you agree that we may use the email address to send you communications related to the Service, including any notices required by law, in lieu of communications by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not wish to receive such email messages, you can unsubscribe or change your preferences on the "Account Settings" page. Opting out may prevent you from receiving email messages about updates, improvements or offers.

D. School accounts

The Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain clear and verifiable parental consent before receiving personal information from children under the age of 13. Because SailClass provides the Service to certain schools in order to promote and enhance the school's curriculum, SAILCLAss RELIES ON THE SCHOOL TO OBTAIN AND PROVIDE APPROPRIATE CONSENT FOR THE OBTAINMENT OF STUDENT INFORMATION. The School represents and warrants that the School has the authority to grant SailClass permission to collect information from students before allowing students under the age of 13 to access our Service, and that the School has provided reasonable notice to students and parents of the School's disclosure of student information to Service Providers such as SailClass. We recommend that the school provide parents and guardians with a copy of our Privacy Policy.

E. Service rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing or disclosing any portion of the Service in any medium, including without limitation by automated or non-automated "scraping"; (ii) using automated systems, including without limitation "robots", "spiders", "offline readers", etc., to access the Service in a manner that sends more requests to the SailClass servers than a human could reasonably generate in the same amount of time using a conventional online web browser (except that SailClass grants revocable permission to operators of public search engines to use spiders to copy materials from the Sailclass App solely for the purpose of, and to the extent necessary for, creating publicly available, searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters or other unsolicited email; (iv) attempting to interfere with or disrupt system integrity or security or decipher transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms or other software agents through the Service; (vii) collecting or harvesting personal information, including account names, through the Service; (viii) using the Service for commercial purposes; (ix) impersonating any person or otherwise misrepresenting your affiliation with any person or entity, committing fraud, concealing or attempting to conceal your identity; (x) interfere with the proper working of the Service; (xi) access any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) circumvent the measures we use to prevent or restrict access to the Service, including, but not limited to, features that prevent or restrict the use or copying of content or enforce limitations on the use of the Service or the content contained therein.

We may modify the Service without notice, discontinue providing the Service or any features of the Service to you or to users generally, or impose limits on the use of the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and without liability for any reason, including, in our sole discretion, if you breach any provision of this Agreement or for no reason. Upon termination for any reason or for no reason, you will continue to be bound by this Agreement.

You are solely responsible for your interactions with other SailClass users. We reserve the right, but have no obligation, to monitor disputes between you and other users. SailClass assumes no liability for your interactions with other users or for the acts or omissions of any user.

In some areas of the Service, users may post content such as profile information, comments, questions, course content and other content or information (all such material that a user submits, posts, displays or otherwise makes available on the Service is referred to as "User Content"). Access to these features may be subject to age restrictions. We do not claim ownership of the User Content you create. The User Content you create remains your property; however, by sharing User Content through the Service, you agree that others may view, edit and/or share your User Content in accordance with your settings and this Agreement. SailClass has the right (but not the obligation) in its sole discretion to remove any User Content shared through the Service.

You agree not to post any User Content that: (i) creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, another person, or an animal; (ii) creates a risk of other loss or harm to any person or property; (iii) is intended to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains information or content that we consider to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of privacy or publicity rights, harassing, degrading to others (publicly or otherwise), defamatory, threatening, profane or otherwise objectionable; (vi) contain information or content that is illegal (including, but not limited to, disclosure of inside information under securities law or another party's trade secrets); (vii) contain information or content that you do not have a right to provide under any law or contractual or fiduciary relationship; or (viii) contain information or content that you know is not accurate and current; or (ix) violate any school or other applicable policies, including those relating to fraud or ethics. You agree that any User Content you post does not and will not infringe any third party rights, including, but not limited to, Intellectual Property Rights (as defined below) or privacy rights. SailClass reserves the right, but has no obligation, to refuse and/or remove any User Content that SailClass, in its sole discretion, believes violates these Terms. You understand that posting your User Content on the Service is not a substitute for registering it with a legal organization.

For purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyrights, mask work rights, moral rights, rights of publicity, trademarks, trade dress and service marks, goodwill, trade secret rights and other intellectual property rights now existing or hereafter arising, and all applications and registrations, renewals and extensions thereof under the laws of any country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

Your User Content and its use by SailClass pursuant to this Agreement and the Service does not violate any laws or infringe any rights of third parties, including but not limited to intellectual property rights and privacy rights. SailClass may exercise the rights granted under this Agreement in your User Content without liability for the payment of any guild fees, residuals, payments, fees or royalties payable under any collective bargaining agreement or otherwise. You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any and all liability that may arise in connection with such use. SailClass takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits through the Service. You are solely responsible for your User Content and the consequences of its posting, and you agree that we act only as a passive conduit for your online distribution and posting of your User Content. You acknowledge and agree that you may be exposed to User Content that is inaccurate, offensive, inappropriate for children, or otherwise unsuitable for your purpose, and you agree that SailClass is not liable for any harm that you may allegedly suffer as a result of User Content.

By posting User Content to the Service, you expressly grant SailClass a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information about, edit, translate, distribute, syndicate, publicly perform, publicly display, and create derivative works of all such User Content and your name, voice, and/or likeness, as contained in your User Content, in whole or in part and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and the business of SailClass (and its successors and affiliates), including, but not limited to, the promotion and redistribution of part or all of the Service (and derivative works thereof) in all media formats and through all media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service and to use, display, reproduce and perform such User Content solely as permitted by the functionality of the Service and this Agreement.

A. Mobile Software.

We may provide software for accessing the Service via a mobile device ("Mobile Software"). In order to use the Mobile Software, your mobile device must be compatible with the Mobile Service. SailClass does not guarantee that the Mobile Software will be compatible with your mobile device. SailClass hereby grants you a non-exclusive, non-transferable, revocable license to use one compiled code copy of the Mobile Software for one SailClass account on one mobile device owned or leased solely by you for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, unless such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to third parties or use the Mobile Software to provide time-sharing or similar services to third parties; (iii) make copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict the use or copying of content that can be accessed through the Mobile Software, or features that enforce usage restrictions on the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that SailClass may from time to time release updated versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrades on your mobile device and agree that the terms of this Agreement will apply to all such upgrades. Any third party code that may be included in the Mobile Software is subject to the applicable open source or third party license (EULA), if any, that permits the use of such code. The foregoing license grant does not constitute a sale of the Mobile Software or any copy thereof, and SailClass or its third party partners or suppliers retain all right, title and interest in and to the Mobile Software (and any copy thereof). Any attempt by you to assign any of your rights, duties or obligations hereunder, except as expressly provided in this Agreement, shall be null and void. SailClass reserves all rights not expressly granted in this Agreement. The Mobile Software originates in Switzerland and is subject to the export laws and regulations of Switzerland. The Mobile Software may not be exported or re-exported to certain countries or to persons or entities prohibited from receiving exports from Switzerland. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all laws of Switzerland and other countries regarding the use of the Mobile Software and the SailClass Service.

B. Mobile Software from iTunes.

The following terms apply to any mobile software you purchase from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and SailClass and not with Apple, and that Apple has no responsibility for the iTunes-Sourced Software or its content. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iTunes-derived software. In the event of any failure of the iTunes-derived Software with respect to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the iTunes-derived Software to you; to the maximum extent permitted by applicable law, Apple will have no further warranty obligation with respect to the iTunes-derived Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure with respect to any warranty will be governed solely by this Agreement and any law applicable to SailClass as the provider of the Software. You acknowledge that Apple shall not be responsible for addressing any claim by you or any third party relating to the iTunes-derived Software or your possession and/or use of the iTunes-derived Software, including, but not limited to: (i) product liability claims; (ii) claims that the iTunes-derived Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar laws; and all such claims shall be governed solely by this Agreement and the law applicable to SailClass as the provider of the Software. You acknowledge that in the event of a claim by a third party that the iTunes-derived Software or your possession and use of the iTunes-derived Software infringes that third party's intellectual property rights, SailClass, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent provided in this Agreement. You and SailClass acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement insofar as it relates to the license to the iTunes-derived Software, and that Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary insofar as it relates to your license to the iTunes-derived Software upon your acceptance of the terms and conditions of this Agreement.

Except for your User Content, the Service and all materials contained therein or transmitted thereby, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and User Content of other users (the "SailClass Content"), and all intellectual property rights therein, are the exclusive property of SailClass and its licensors (including other users who post User Content to the Service). Except as otherwise expressly provided in this Agreement, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SailClass Content. Use of the SailClass Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to, or we may invite you to, submit comments or ideas about the Service, including, without limitation, how the Service or our products can be improved ("Ideas"). By submitting an Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not impose any fiduciary or other obligations on SailClass, and that we are free to use the Idea without additional compensation to you and/or to disclose the Idea to anyone on a non-confidential basis or otherwise. You further acknowledge that by accepting your submission, SailClass does not waive any rights to use similar or related ideas already known to SailClass or developed by its employees or from sources other than you.

Certain aspects of the Service may allow you to earn certain reputation or status indicators (for example, points and badges for completing courses) ("SailClass Indicators"). You understand and agree that SailClass Indicators, regardless of the terminology used, constitute a limited license right governed solely by the terms of this Agreement and are available for distribution at the sole discretion of SailClass. SailClass Indicators may not be redeemed at any time for any sum of money or cash value from SailClass. You acknowledge that you do not own the account with which you access the Service, nor do you have any access rights or rights to any data stored by or on behalf of SailClass on SailClass servers, including without limitation any data representing or embodying any or all of your SailClass Indicators. You agree that SailClass has the unrestricted right to manage, govern, control, modify and/or remove SailClass Indicators in its sole discretion and that SailClass shall have no liability to you as a result of the exercise of this right. All data on SailClass' servers is subject to deletion, modification or transfer. 

Regardless of the value attributed to such data by you or any third party, you understand and agree that all data, account history and account content residing on SailClass's servers may be deleted, modified, moved or transferred at any time and for any reason at SailClass's sole discretion, with or without notice and without liability of any kind. SailClass does not offer or guarantee and expressly disclaims any value, cash or otherwise, attributed to the data residing on SailClass servers.

A. Billing guidelines

Certain aspects of the Service may be provided for a fee or other charge. If you choose to use paid aspects of the Service, you agree to the pricing and payment terms, which we may update from time to time. SailClass may, in its sole discretion, add new Services for additional fees and charges or change the fees and charges for existing Services at any time. Any change to our pricing or payment terms will be effective in the billing cycle following notice of such change to you, as provided in this Agreement or otherwise.

B. Automatic renewal

SailClass subscriptions will automatically renew using the payment information on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee. Unless you cancel, your subscription will renew monthly or annually on the same day of the month or year that you made the initial purchase and the payment information on file will be charged for the then-current subscription fee. This purchase date is indicated on your subscription confirmation receipt, which will be emailed to the email address you provide. You can cancel your account at any time in the "Manage payments" section of your account settings. This will stop any further subscription fees being charged to your account.

C. No refund

You may cancel your SailClass account at any time; however, there are no partial or pro-rated refunds for canceling. If you cancel your subscription, the cancellation will take effect at the end of the current monthly or annual billing period; you will continue to have access to your subscription for the remainder of that period, but will not receive a refund. SailClass may offer a partial, pro-rated refund for early suspension, termination or cancellation of a paid program by SailClass if the pricing and payment terms for the specific SailClass program expressly state that such refunds are available in such scenarios and/or if required by law. In the event that you terminate your account or SailClass suspends or terminates your account under this Agreement for any breach of this Agreement, you understand and agree that you will not receive a refund or exchange for any SailClass Indicators, unused time on a subscription, license or subscription fees for any portion of the Service, Content or data associated with your account, or for anything else.

D. Free trial versions

SailClass may offer new and eligible returning subscribers a free trial of our Service, subject to certain terms and conditions, which will be explained when you sign up for the free trial. To avoid being charged during a free trial, you must cancel your subscription before your free trial ends. You can view the details of your free trial period on your SailClass account settings page. SailClass reserves the right to determine eligibility for free trials, which may depend on factors such as the subscription you choose and when you redeemed a free trial. Certain restrictions may also apply in relation to the combination of free trials with other offers. If you do not cancel before the end of your free trial period, the payment method provided at sign-up will automatically be charged for the applicable subscription fee. If you wish to avoid being charged for the payment information you provided, you must cancel your subscription before the end of the seven (7) day period from the start of the free trial period. You may cancel your subscription at any time as described in the "Cancellations" section of these Terms.

E. Terminations

You can cancel your subscription at any time by logging into your SailClass account on the SailClass website and following the instructions in the "Manage Payments" section of your account settings page. You must cancel your subscription before the next recurring billing date to avoid being charged. If you cancel your subscription, you will continue to have access to the service until the end of your current billing period, but you will not receive a refund. Canceling your subscription will not completely delete your account from our service. You can delete your account, but you will not be able to restore the data from your previous account at a later date if you do so.

F. Payment information; taxes

All information you provide in connection with any purchase or transaction or other monetary transaction with the Service must be accurate, complete and current. You agree to pay all fees incurred by users of your credit card, debit card or other payment method in connection with any purchase or transaction or other monetary transaction with the Service at the rates in effect at the time such fees are incurred. You will pay all applicable taxes with respect to such purchases, transactions or other monetary transactions.

Protecting the privacy of our users is important to us. You understand that by using the Services, you consent to the collection, use and disclosure of your personally identifiable information and aggregated data as set forth in our Privacy Policy and that your personally identifiable information will be collected, used, transferred and processed in Switzerland.

SailClass attaches great importance to the integrity and security of your personal data. However, we cannot guarantee that unauthorized third parties will never be able to circumvent our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal data at your own risk.

The Service may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by SailClass. SailClass does not endorse and is not responsible for any such third party websites, information, materials, products or services. If you access any third party website through the Service, you do so at your own risk, and you understand that this Agreement and SailClass's Privacy Policy do not apply to your use of such websites. You expressly release SailClass from any and all liability arising from your use of any third party website, service or content. In addition, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SailClass is not responsible for any loss or damage of any sort incurred in connection with your dealings with such advertisers.

You agree to defend, indemnify and hold harmless SailClass and its subsidiaries, agents, licensors, managers and other affiliates, and their employees, contractors, representatives, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, attorneys' fees) arising out of or relating to (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your breach of any term of this Agreement, including but not limited to your breach of the representations and warranties set forth above; (iii) your violation of any third party right, including but not limited to any right of privacy or intellectual property right; (iv) your violation of any applicable law, rule or regulation; (v) User Content or other information or content transmitted through your account, including but not limited to misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) access to and use of other appropriate security codes by other parties.

The service is provided on an "as is" and "as available" basis. Your use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided 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. Without limiting the foregoing, SailClass, its subsidiaries, affiliates and its licensors do not warrant that the Content will be accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content you download or otherwise obtain through the use of the Service is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from any such download or use of the Service.

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state. The disclaimers and exclusions under this Agreement do not apply to the extent prohibited by applicable law.

SailClass does not guarantee, endorse, warrant or assume responsibility for any products or services advertised or offered by third parties through the SailClass Service or any linked website or service, and SailClass will not be involved in or in any way monitor transactions between you and third party providers of products or services.

To the maximum extent permitted by applicable law, in no event will SailClass, its affiliates, agents, directors, employees, suppliers or licensors be liable for indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use or inability to use this Service. Under no circumstances will SailClass be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the fullest extent permitted by law, SailClass assumes no liability or responsibility for (i) any errors, mistakes or inaccuracies in the Content; (ii) any personal injury or property damage of any kind resulting from your access to or use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses or the like transmitted to or through our Service by any third party; (vi) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service; and/or (vii) any User Content or the defamatory, offensive or illegal conduct of any third party.

In no event shall SailClass, its affiliates, agents, directors, employees, suppliers or licensors be liable to you for any claim, suit, liability, obligation, damage, loss or expense in an amount exceeding the amount paid by you to SailClass or CHF 100.00, whichever is greater.

This limitation of liability section applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if SailClass has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The exclusions and limitations of liability under this Agreement do not apply to the extent prohibited by applicable law.

The Service is controlled and operated from facilities in Switzerland. SailClass makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own initiative and are fully responsible for compliance with all applicable Swiss and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you reside in a country that is subject to a Swiss embargo or if you are a foreign person or entity that is blocked or denied access by the Swiss government. Unless expressly stated otherwise, all content on the Service is directed solely at individuals, companies or other entities located in Switzerland.

A. Applicable law

You agree that: (i) the Service will be deemed to be located exclusively in Zug Switzerland; and (ii) the Service will be deemed to have no personal jurisdiction over SailClass, either specific or general, in jurisdictions other than Zug. This Agreement shall be governed by the internal substantive laws of the Canton of Zug, without regard to its conflict of laws principles. The parties acknowledge that this Agreement constitutes a transaction involving interstate commerce. Notwithstanding the foregoing sentences relating to substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Swiss Federal Act on Private International Law (PILA) (§§ 1-4). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in the Canton of Zug, Switzerland, for any action for which we reserve the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents or other intellectual property or proprietary rights as set forth in the arbitration clause below.

B. Arbitration.

Read this section carefully, as it requires the parties to arbitrate their disputes and limits the manner in which they may seek redress from SailClass.

In the unlikely event that SailClass has not been able to resolve a dispute with you after 60 days, we both agree to resolve any claim, dispute or controversy (other than SailClass's claims for injunctive or other equitable relief) arising out of or relating to these Terms of Use or the breach or alleged breach of these Terms of Use (collectively, "Claims") by binding arbitration, except as otherwise provided herein. The arbitration shall be conducted in Zug, Switzerland, unless you and SailClass agree otherwise. Each party shall be responsible for payment of all administrative and arbitrator fees in accordance with the applicable rules. The award rendered by the arbitrator shall include the costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed to preclude SailClass from seeking injunctive or other equitable relief from the courts as necessary to protect SailClass's proprietary interests. 

All claims must be brought in the individual capacity of the parties and not as a plaintiff or class member in a purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitrations and, unless we agree otherwise, the arbitrator may not consolidate the claims of more than one person. You agree that by signing these Terms of Use, you and SailClass waive the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

A. Assignment.

This Agreement and all rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by SailClass without restriction. Any attempted transfer or assignment in violation of these provisions shall be null and void.

B. Notification procedure and amendments to the agreement.

SailClass may provide notice to you by email, in written or printed form, or by posting such notices on our website, whether such notices are required by law or are for marketing or other business-related purposes, as determined by SailClass in its sole discretion. SailClass reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement. SailClass is not responsible for any automatic filtering that you or your network provider may apply to email notifications that we send to the email address you provide. SailClass may, in its sole discretion, modify or update this Agreement from time to time, so you should check this page periodically. If we change the Agreement in a material way, we will update the date of the last modification at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to these or any future Terms of Service, you may not use or access (or continue to access) the Service.

C. Total agreement/availability.

This Agreement, together with any amendments and additional agreements you enter into with SailClass in connection with the Service, constitutes the entire agreement between you and SailClass with respect to the Service. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of the unenforceability of the universal class action/judgment waiver, the entire arbitration agreement shall be unenforceable.

D. No waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the failure of SailClass to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.

E. Special regulations for yacht charters and sailing trips

Appendix 1 supplements the General Terms and Conditions of SailClass with specific regulations for the booking (chartering) of yachts and participation in sailing trips. It regulates the contractual relationship between the users of the platform and the respective boat providers as well as the brokerage activities of SailClass. In the event of a conflict between the General Terms and Conditions and this Annex, the provisions of the Annex shall take precedence for the yacht charter services.

F. Government Use Rights.

If the Service is licensed to the Switzerland government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the Swiss Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.

G. Contact.

For legal notices, please send or deliver them by post to SailClass c/o Dewave GmbH Bahnhofstrasse 59, 6312 Steinhausen, Switzerland. You can also contact us via our helpdesk.

This agreement was last amended on December 29, 2024.

Older versions:

N/A

1. Definitions

The following terms apply to this Annex:

• Yacht charter refers to the rental of a yacht or boat via the SailClass platform.
• Boat providers are third parties who offer yachts or boats for hire, including charter companies, boat owners and fleet operators.
• Charter contract is the contract that is concluded between the user and the boat provider through a booking via the platform.
• Platform includes the SailClass website and app, which are used to broker yacht charters.

2. Booking process

Users select available boats via the platform and submit a booking request. As soon as the boat provider confirms the request, the booking is considered binding. The charter contract is concluded directly between the user and the boat provider. All relevant information regarding the booking, including price, availability and rental conditions, must be checked by the user before the booking is completed.

3. Terms of payment

Payment is usually made in two parts:

• A deposit at the time of booking. The remaining amount at a fixed time before the start of the rental or charter
• Payments can be processed via the payment services provided by SailClass or directly to the boat provider. Users are responsible for ensuring that payments are made on time. In the event of late payment, the Boat Operator reserves the right to cancel the booking and cancellation fees may apply.

4. Cancellation and refund policy

Cancellation conditions are based on the individual regulations of the boat provider and can be viewed before booking. Cancellations by the user may be subject to charges depending on the time of cancellation. In the event of cancellation by the boat provider, the amount already paid will either be refunded in full or an equivalent alternative will be offered.

5. Prices, availability and changes

All prices are quoted in Euro (EUR). Currency differences may result in discrepancies and users should take into account possible conversion charges from their bank or payment service provider. The prices displayed at the time of booking are indicative. However, before a contract is concluded, the user will receive a binding offer

The availability of the boats is based on the information provided by the boat providers and is updated twice a day. Due to the frequency of updates, double bookings may occur in exceptional cases. In such cases, SailClass will endeavor to find a suitable alternative. If no alternative is available, the amount paid will be refunded in full.

6. Liability and obligations of users

Users are obliged to treat the rented boats with care and to report any damage or loss to the boat provider immediately. Compliance with local laws and regulations during the use of the boats is the responsibility of the user. SailClass is not liable for any damage or loss caused by the use of the boats.

7. Additional services

Additional services such as skipper services, insurance or additional equipment can be booked optionally via the platform or directly with the boat provider. The availability and conditions of these services are determined by the respective boat provider. Users are responsible for informing themselves about the costs and conditions of these additional services before booking.

8. Dispute resolution

Complaints concerning the condition of the boat or the fulfillment of the contract must be addressed directly to the boat provider. SailClass will assist in mediating between the user and the boat provider, but does not guarantee an agreement. Disputes that cannot be resolved amicably are subject to the legal provisions of the boat provider or the user.

9. Applicable law

This appendix is subject to Swiss law. To the extent permitted by law, the place of jurisdiction is the registered office of Dewave GmbH in Steinhausen, Switzerland. Users and boat providers may enter into deviating legal agreements, provided that this is expressly stipulated in the contract.

10. General information

The use of the yacht charter platform is at the user's own risk. Users are obliged to keep all contractual documents in a safe place. Users will be notified of any changes or additions to these regulations via the platform.