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Terms of Service

Version: v1.1-2026-05-20·Effective: 2026-05-20

See also: Privacy Policy · Version archive

1. Introduction and Agreement to Terms

These Terms of Service (the “Terms”) govern your access to and use of WindCoach, an AI-powered windsurfing coaching platform available at https://wind.coach (the “Service”). The Service is provided by:

Marotti windsurfing d.o.o.

Ulica Andrije Štangera 25, 51410 Opatija, Croatia

OIB: 34138224299 · EU VAT ID: HR34138224299

Contact: support@windsurfersmindset.coach

In these Terms, “we,” “us,” and “our” refer to Marotti windsurfing. “You” and “your” refer to you, the individual using the Service.

In plain terms: “We” means the company behind WindCoach. “You” means you, the person reading this and using the app.

By creating an account, accessing, or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy (available at /privacy). If you do not agree, you must not use the Service.

In plain terms: If you use WindCoach, you are agreeing to these rules. If you disagree with any part of them, please do not use the app.

You must be at least 18 years of age to create an account and use the Service. By registering, you confirm that you are 18 or older.

In plain terms: WindCoach is intended for adults. You must be 18 or older to use it.

2. Service Description

WindCoach is an AI-powered coaching platform for windsurfing education. The Service provides:

  • AI coaching conversations. Text-based coaching guidance generated by large language models drawing on curated passages from Enrico Marotti’s book Windsurfers’ Mindset: The Most Powerful Piece of Equipment and related structured content.
  • Structured learning content. Approximately 350 focus points across three disciplines (Fin Windsurfing, Foil Windsurfing, Wingfoiling), with photographs, text, and supporting videos drawn from the book.
  • Training plans. Cyclic coaching plans that track your sessions over time and adapt to your progress.
  • Video analysis. Paid service in which a human coach (Enrico Marotti or Nico Prien) reviews short videos you upload and returns written feedback.
  • Private sessions. Paid one-on-one live coaching sessions delivered remotely or in person.

The Service is delivered through a web application and progressive web app (PWA). Some components rely on third-party infrastructure (Section 15 lists our sub-processors). We may add, modify, or remove features at any time, with reasonable notice for material changes.

In plain terms: WindCoach is a coaching app. It includes an AI chat coach, lesson content, training plans, and optional paid video reviews and private sessions.

3. User Accounts

To use most features of the Service, you must create an account. You agree that:

  • You will provide accurate, current, and complete information during registration and keep it updated.
  • You are solely responsible for maintaining the confidentiality of your password.
  • You will not share your account credentials with any other person or allow others to access the Service using your account.
  • You are responsible for all activity that occurs under your account.
  • You will notify us immediately at support@windsurfersmindset.coach if you suspect unauthorized access to your account.
  • You are 18 years of age or older, and you confirm this on registration.
  • You will use only one account per person. Creating multiple accounts to circumvent trial, free, or promotional limits is a breach of these Terms.

We may suspend or terminate accounts that breach these obligations, as described in Section 14.

In plain terms: Give us true information when you sign up, keep your password safe, don’t share your account, and don’t make multiple accounts to get around limits.

4. Acceptable Use

When using the Service, you agree not to:

  • Use the Service for any unlawful purpose or in a way that violates any applicable Croatian or European Union law.
  • Reverse-engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Service.
  • Scrape, spider, crawl, or systematically extract content (text, images, videos, AI responses) from the Service beyond what is provided by normal interactive use.
  • Use the Service or any of its content to train, fine-tune, distill, or otherwise develop any artificial intelligence model, large language model, or machine learning system.
  • Interfere with, disrupt, or overload the Service or its underlying infrastructure (for example, by running automated stress tests, DDoS attacks, or injecting malware).
  • Use the Service to transmit spam, phishing attempts, unsolicited advertising, or any malicious, fraudulent, or illegal content.
  • Impersonate another person or misrepresent your affiliation with any person or entity.
  • Circumvent, disable, or attempt to defeat any security or access-control measure of the Service (including rate limits, plan limits, and paywalls).
  • Resell, rent, or commercially exploit the Service or any portion of its content without our prior written consent.
  • Use the Service in any way that could damage, disable, overburden, or impair the Service or our reputation.

We reserve the right to investigate and take appropriate action against any breach of this Section, including removing content, terminating accounts, and reporting conduct to law enforcement where appropriate.

In plain terms: Don’t use WindCoach to break the law, extract our content, train another AI on our content, attack our infrastructure, or abuse other users.

5. Subscriptions, Payments and Free Trial

5.1 Free trial

When you first register a WindCoach account, we provide a 14-day free trial period during which you have full access to the paid features of the Service at no cost and without any payment method being charged. No credit card details are required to start or complete the trial.

In plain terms: New users get 14 days of full access for free. We will not charge you during that time and we do not ask for your card.

At the end of the 14-day free trial, you may choose a paid plan to continue with full access, or your account will revert to a free-limited tier with restricted usage. We will never automatically charge you at the end of the trial; payment begins only after you actively subscribe to a paid plan.

In plain terms: After 14 days, nothing happens automatically. You can choose to pay for a plan, or keep using a limited free version of the app.

5.2 Paid subscription plans

PlanPriceBilling cycleWhat you get
Basic€9.99 per month, VAT includedMonthly, recurring50 AI messages / month, 1 active training plan, standard content access
Premium€19.99 per month, VAT includedMonthly, recurring150 AI messages / month, unlimited training plans, enhanced AI quality

All prices are shown in Euros and include Value Added Tax (VAT). The amount displayed is the total you pay; VAT is already included in that figure and is extracted internally according to the tax rules of your country of residence within the European Union (or other applicable jurisdictions). Payments are processed by Stripe Payments Europe Ltd. under its own terms and privacy policy.

In plain terms: Prices are in Euros with VAT included. The price you see is the price you pay, with nothing added at checkout.

5.3 One-time purchases

In addition to subscriptions, the Service offers one-time purchases:

  • Video Analysis: €29.99 per video (VAT included). A human coach reviews a short video you submit and returns written feedback.
  • Private Session: €100 per 45-minute session (plus VAT). One-on-one coaching delivered remotely or in person.

One-time purchases are payable in advance and are subject to the refund rules in Section 6.

5.4 Automatic renewal and cancellation

Subscription plans renew automatically for successive billing cycles of equal duration until cancelled. You may cancel at any time, with no cancellation fee. Cancellation takes effect at the end of the current paid cycle; you retain paid access until that date, and no further charges will be made.

In plain terms: Your monthly plan keeps renewing each month until you cancel. You can cancel any time at no cost, and you keep access until the end of the month you already paid for.

5.5 Price changes

We may change our subscription prices from time to time. We will give you at least 30 days’ advance notice by email and in-app before any price increase takes effect. If you do not agree with the new price, you may cancel your subscription before the new price takes effect, and the old price will continue to apply for any remaining pre-paid period.

In plain terms: If we change prices, we tell you 30 days in advance. You can cancel before the new price starts if you disagree.

5.6 Failed payments

If a scheduled payment fails (for example, expired card, insufficient funds), we will attempt to retry the charge over a short period through Stripe. If payment remains unsuccessful, your paid access may be suspended. We will notify you by email and give you the opportunity to update your payment method before any termination.

6. Refunds and Cooling-Off Period

6.1 Free trial (no refund needed)

During the 14-day free trial described in Section 5.1, no payment is taken and therefore no refund applies. If you choose not to subscribe at the end of the trial, your account simply reverts to a free-limited tier.

6.2 Paid subscriptions: cooling-off and cancellation

When you subscribe to a paid plan, a 14-day withdrawal period begins on the date of the first successful charge, in accordance with Articles 9 to 16 of the EU Consumer Rights Directive 2011/83/EU. By starting a paid plan and using paid features, you expressly request that the Service begin immediately during this withdrawal period.

In plain terms: When you start paying, EU law gives you 14 days to change your mind. By using the paid features, you are asking us to start the service right away, which is standard for SaaS.

If you exercise your right of withdrawal within those 14 days by contacting support@windsurfersmindset.coach, we will refund the amount paid, less a pro-rata deduction for the number of days the paid plan was active before your withdrawal notice reached us. This pro-rata deduction reflects the value of the services we already supplied during the withdrawal window, as permitted by Article 14(3) of the Directive.

In plain terms: If you cancel within 14 days of paying, we refund what you paid, minus a fair amount for the days you already used the paid version.

After the 14-day withdrawal window has ended, subscriptions are non-refundable for the current billing cycle. You may cancel at any time (Section 5.4), in which case paid access continues until the end of the already-paid period, and no further charges are made.

In plain terms: After 14 days you can still cancel any time, but we won’t refund the month you already paid for; you just keep using the app until that month ends.

6.3 Video Analysis (one-time, €29.99)

A paid Video Analysis order becomes non-refundable once the assigned human coach has reviewed the video and submitted written feedback to your account. If you have placed an order but not yet uploaded a video, or the coach has not yet completed the review, you may cancel the order and receive a full refund.

In plain terms: You can get a full refund for a Video Analysis as long as the coach has not yet written their feedback. Once the coach has reviewed and replied, no refund is possible.

6.4 Private Session (one-time, €100 for 45 minutes)

A Private Session is fully refundable if you cancel at least 24 hours before the scheduled start time. Cancellations made less than 24 hours before the session, or no-shows, are non-refundable, except where rescheduling is agreed in writing with the coach.

In plain terms: Cancel a Private Session at least 24 hours in advance for a full refund. Same-day cancellations or no-shows are not refunded.

6.5 How to request a refund

To request a refund, email support@windsurfersmindset.coach from the address associated with your account, including the transaction details. We will respond within 5 business days and, where a refund is approved, process it to the original payment method within 14 days.

6.6 Statutory rights preserved

Nothing in this Section limits your mandatory statutory rights under Croatian or EU consumer protection law, including the Croatian Consumer Protection Act (Zakon o zaštiti potrošača) and the EU Consumer Rights Directive. Where these Terms and mandatory law conflict, mandatory law prevails.

In plain terms: If the law gives you better consumer protections than this section, the law wins.

7. Intellectual Property (Our Content)

All content made available through the Service, including but not limited to text, photographs, videos, illustrations, user-interface design, source code, system prompts, training content, focus points, the structure of the book Windsurfers’ Mindset: The Most Powerful Piece of Equipment, and the WindCoach trademarks and logos, is owned by or exclusively licensed to Marotti windsurfing (or, in the case of the book, by Enrico Marotti personally) and is protected by copyright, trademark, database, and other intellectual-property laws of Croatia, the European Union, and international treaties.

In plain terms: The book, the photos, the app design, the AI system, and the WindCoach name are all our intellectual property, protected by law.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service and its content for your own private, non-commercial learning purposes. All rights not expressly granted are reserved.

In plain terms: You may use WindCoach to learn windsurfing for yourself. You may not copy the content, resell it, or use it commercially.

You must not (i) reproduce, copy, distribute, publish, publicly perform, or publicly display any content from the Service outside the app, (ii) use the content to train, fine-tune, or benchmark any AI model, (iii) remove any copyright or ownership notices, or (iv) create derivative works based on the Service, except where expressly permitted by mandatory law.

8. User Content (Your Uploads and Chat)

8.1 What User Content means

“User Content” means everything you submit to the Service: chat messages to the AI coach, videos you upload for analysis, notes in your training plan, session logs, display name, profile information, and any other material you transmit through the Service.

8.2 Ownership

You retain all ownership rights in your User Content. We do not claim ownership of your chat messages or the videos you upload. What you create stays yours.

In plain terms: Your chats, videos, and notes belong to you, not to us.

8.3 Licence you grant us

You grant us a limited, worldwide, royalty-free, non-exclusive licence to host, store, transmit, process, and display your User Content solely to the extent necessary to operate the Service for you. This includes, for example:

  • Storing your chat messages so that you can return to a prior conversation.
  • Transmitting your chat messages to the OpenAI API so that the AI coach can generate a response for you.
  • Storing your video uploads on Cloudflare R2 so that the assigned human coach can review and reply to them.
  • Displaying your own training plan and session history back to you.

This licence lasts only as long as necessary to provide the Service or to comply with a legal obligation. You can delete your chat conversations or your account at any time (Section 14).

In plain terms: We only have permission to use your content to run the app for you. Nothing more. When you delete something, our permission ends.

8.4 Your representations about User Content

By submitting User Content, you represent and warrant that you either own it or have all necessary rights, permissions, and licences to submit it, and that your User Content does not:

  • Infringe any copyright, trademark, trade secret, moral right, or other intellectual-property right of any third party.
  • Contain defamatory, obscene, harassing, or unlawful material.
  • Violate anyone's privacy rights (including by showing identifiable persons without their consent).
  • Contain viruses, malware, or any other harmful code.

8.5 Copyright complaints (notice and takedown)

If you believe User Content on the Service infringes your copyright, you may send a notice to support@windsurfersmindset.coach including: (i) your contact details, (ii) identification of the copyrighted work you claim has been infringed, (iii) the URL or other specific location of the allegedly infringing content, (iv) a statement that you have a good-faith belief that the use is not authorised, and (v) a signature. We will assess the notice and remove or disable content we determine to be infringing. We comply with applicable notice-and-takedown procedures under EU and Croatian law.

8.6 Video retention

Videos you upload for analysis are retained for 90 days after upload and then automatically deleted from our video storage (Cloudflare R2). You may download or delete your video earlier at any time from your dashboard. Written coach feedback remains in your account for your reference even after the video is deleted.

9. AI Coaching Disclaimer

The AI component of the Service is powered by large language models provided by OpenAI and is augmented with retrieved passages from Enrico Marotti’s book and related content. AI models can produce responses that are incomplete, outdated, or incorrect. We take reasonable steps to ground AI responses in the book’s content, but we cannot and do not guarantee that every AI response is accurate, complete, or suitable for your specific situation.

In plain terms: The AI coach is a helpful guide built on Enrico’s book, but it can be wrong. Do not treat it as a substitute for a real instructor or a doctor.

You acknowledge and agree that:

  • You will use your own judgment in applying any AI-generated guidance, especially in decisions that affect your safety.
  • Before attempting advanced manoeuvres (jibes, foiling, strong-wind sailing, or any technique new to you), you will consider taking in-person instruction from a qualified instructor.
  • If you have any medical condition, injury, or limitation that might affect your ability to windsurf safely, you will consult a qualified medical professional before acting on any guidance from the Service.
  • The AI coach cannot see you, cannot assess your skill in real time, and cannot know your specific environmental conditions. Any technique it suggests must be filtered through your own assessment of your ability and the conditions.
  • Nothing in the Service creates a coach-client professional relationship imposing a duty of care that exceeds what is set out in these Terms.

Human coach feedback in Video Analysis and Private Sessions is personalised and is delivered by Enrico Marotti or Nico Prien based on their experience as world-class windsurfers. Even so, it remains guidance rather than a guarantee of results and does not create a medical or treatment relationship.

10. Windsurfing Safety Disclaimer

You acknowledge and agree that windsurfing (and the related disciplines of foil windsurfing and wingfoiling) involves inherent and significant risks, including but not limited to:

  • Impact injuries from falling, catapults, collisions with equipment, the water surface, foils, or other people.
  • Drowning and near-drowning.
  • Hypothermia and cold-water shock.
  • Cuts from fins, foils, and mast tracks.
  • Medical emergencies triggered by physical exertion.
  • Being carried offshore by wind, current, or gear failure.
  • Lightning, storms, and other sudden weather events.

Before and during any time on the water, you agree that you will:

  • Assess your own skill level honestly and stay within it.
  • Inspect your equipment (board, rig, foil, leash, harness, wetsuit) before every session.
  • Check weather, wind, tide, current, and water temperature before launching.
  • Wear appropriate safety gear: wetsuit for the conditions, impact vest or floatation device as appropriate, helmet when advisable (particularly for foiling), and a leash where required.
  • Never sail alone in conditions beyond your ability, and make someone on shore aware of your plan.
  • Not attempt, while using the Service as your primary guide, manoeuvres that you have not been taught or practised in person when a qualified instructor is available.
  • Call local emergency services or rescue in any situation of danger. The Service and its provider are not an emergency service.

To the fullest extent permitted by law, you release us from liability for any injury, loss, or damage that arises from your decision to windsurf, including any decision informed by guidance provided through the Service. This release does not apply to liability for death or personal injury caused by our own gross negligence or wilful misconduct, or to any other liability that cannot be limited or excluded under mandatory Croatian or EU consumer protection law.

In plain terms: Windsurfing is risky. We don’t make you safer on the water; you do. If you get hurt, we cannot be held responsible except where the law says we must be (for example, if we were grossly negligent or did something on purpose).

11. Service Availability

We aim to keep the Service available and reliable, but the Service is provided on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

The Service depends on third-party infrastructure (including cloud hosting, database, payment, and AI providers; see Section 15). Outages or changes at any of those providers may temporarily degrade or interrupt the Service.

Where an extended outage significantly affects paid users, we may, at our discretion, extend subscription periods or offer service credits. This is goodwill and not a contractual guarantee of uptime.

In plain terms: We try hard to keep the app running, but we don’t promise perfect uptime. If there’s a long outage on a paid plan, we may add some free days to your account as a goodwill gesture.

12. Limitation of Liability

12.1 Damages excluded

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of business, loss of data, loss of goodwill, or loss of opportunity, even if we have been advised of the possibility of such damages.

In plain terms: We are not responsible for knock-on losses (lost business, lost profits, etc.) beyond what EU law forces us to cover.

12.2 Aggregate cap

Our total aggregate liability to you under or in connection with these Terms or the Service, whether in contract, tort (including negligence), or otherwise, will not exceed the greater of (i) the total fees you paid us in the 12 months immediately preceding the event giving rise to the claim, or (ii) one hundred Euros (€100).

In plain terms: The maximum we could ever owe you is the amount you paid us in the last 12 months, or €100, whichever is higher.

12.3 Carve-outs required by law

Nothing in this Section excludes or limits our liability for:

  • Death or personal injury caused by our gross negligence or wilful misconduct.
  • Fraud or fraudulent misrepresentation.
  • Any other liability that cannot be limited or excluded under mandatory Croatian or EU consumer law.

Where applicable law prohibits the exclusion or limitation of certain warranties or damages, the exclusions and limitations in these Terms apply only to the maximum extent permitted by that law.

In plain terms: EU consumer law protects you in serious cases. Those protections always apply, even if this section says otherwise.

13. Indemnification

You agree to indemnify and hold harmless Marotti windsurfing, its owners, employees, contractors, and contributors from and against any claims, damages, losses, and reasonable legal costs that arise out of or relate to:

  • Your breach of these Terms.
  • Your User Content, including any claim that your User Content infringes a third party's intellectual-property or privacy rights.
  • Your misuse of the Service, including any use in breach of Section 4 (Acceptable Use) or any applicable law.
  • Your windsurfing activity, whether or not informed by guidance from the Service.

We will promptly notify you of any claim we become aware of and will cooperate reasonably in its defence.

In plain terms: If someone sues us because of something you did on WindCoach (for example, you uploaded content you didn’t have rights to), you agree to cover our costs.

14. Termination

14.1 Termination by you

You may terminate these Terms at any time by cancelling your subscription (if any) and deleting your account from your dashboard, or by emailing support@windsurfersmindset.coach. Cancelling a paid subscription is free and takes effect at the end of the current paid cycle (Section 5.4).

14.2 Termination by us

We may suspend or terminate your access to the Service:

  • On 30 days' notice, for convenience, if we decide to discontinue the Service or stop offering it in your region.
  • Immediately, if you seriously or repeatedly breach these Terms, engage in unlawful use, or fail to pay valid subscription charges after reasonable reminders.
  • Immediately, if required by applicable law or by a court or regulatory authority.

Where we terminate for convenience, we will refund any fees you have paid that relate to services you will not receive.

14.3 What happens after termination

On termination: (i) your licence to use the Service ends, (ii) we will stop providing paid features, and (iii) we will delete or anonymise your personal data as described in our Privacy Policy and in compliance with GDPR, except where retention is required by law (for example, accounting records).

You can request a data export through our GDPR export endpoint at any time before termination, and for a period of 30 days after termination.

In plain terms: You can leave any time. We can also end the relationship if you break the rules or we shut down the Service. Either way, you can export your data first.

15. Data Protection and Privacy

Your personal data is processed in accordance with our Privacy Policy, which forms part of these Terms. The Privacy Policy describes what data we collect, why, how long we keep it, who we share it with, and how you can exercise your rights under the EU General Data Protection Regulation (GDPR) and Croatian data-protection law.

15.1 Sub-processors

We use the following third-party sub-processors to deliver the Service. Each operates under its own data-processing terms:

  • Supabase (EU region): authentication and database.
  • OpenAI: generation of AI coaching responses (no-training-by-default API policy).
  • Stripe Payments Europe Ltd.: payment processing (we never store card details).
  • Vercel: application hosting and serverless functions.
  • Cloudflare R2: video storage.
  • Resend (EU region): transactional and opt-in marketing email delivery.
  • Sentry: error monitoring (PII stripped before ingestion).
  • PostHog (EU region): product analytics, ingested via /ingest proxy.

15.2 Data breach notification

In the event of a personal-data breach that is likely to result in a risk to your rights and freedoms, we will notify the competent supervisory authority within 72 hours where required by Article 33 of the GDPR, and notify you without undue delay where Article 34 applies.

15.3 Your rights under GDPR

As an EU resident you have rights of access, rectification, erasure, restriction, portability, and objection. Full detail and the contact point are in our Privacy Policy.

16. Changes to These Terms

We may amend these Terms from time to time. Changes fall into two categories:

16.1 Material changes

For changes that materially affect your rights or obligations (for example, changes to pricing structure, refund policy, liability cap, dispute-resolution forum, or core service description), we will:

  • Post the updated Terms at /terms and archive the prior version at /terms/archive.
  • Notify you by email and via in-app banner at least 30 days before the new Terms take effect.
  • Require your explicit re-acceptance when you next use the Service after the effective date, where required by applicable law.

If you do not agree to the new Terms, you may cancel your subscription and close your account before the effective date at no charge.

16.2 Minor changes

Minor changes (typographical corrections, clarifications that do not alter substantive rights, changes that are purely beneficial to you) may take effect immediately on publication. The effective date at the top of these Terms is always updated.

16.3 Version archive

Past versions of these Terms are available at /terms/archive. Your acceptance of a specific version is logged with a timestamp, IP address, and user-agent (see Section 22).

In plain terms: If we change the Terms in a significant way, we tell you 30 days in advance by email and in the app, and you can cancel for free if you don’t like the changes.

17. Governing Law and Dispute Resolution

17.1 Governing law

These Terms are governed by the laws of the Republic of Croatia, without regard to its conflict-of-law principles. Where you are a consumer resident in another EU Member State, the mandatory consumer-protection law of your country of residence also applies where it provides you with greater protection.

In plain terms: Croatian law applies. If your country gives you stronger consumer protections than Croatian law, you still get those.

17.2 Out-of-court dispute resolution (ADR)

If you are a consumer and a dispute arises, you have the right to use alternative dispute-resolution mechanisms before going to court:

  • EU Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr. We are willing to participate.
  • Croatian Mediation Chamber (Hrvatska gospodarska komora, Centar za mirenje), which offers mediation in consumer disputes.
  • Any other ADR body accredited under Croatian law for consumer disputes.

We will provide an email address for ADR communications on request at support@windsurfersmindset.coach.

17.3 Courts

Where ADR does not resolve a dispute, the courts of the Republic of Croatia have jurisdiction, and the competent court is the Municipal Court nearest to our registered seat in Opatija (currently the Municipal Court in Rijeka). Nothing in this Section prevents a consumer from bringing proceedings in the courts of the Member State where they are domiciled, as permitted by EU Regulation (EU) 1215/2012 (Brussels I bis).

In plain terms: If mediation doesn’t work, the default court is in Rijeka. But EU law lets you sue in your own country if you live elsewhere in the EU.

18. Severability

If any provision of these Terms is held by a competent authority to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, it will be severed from these Terms. The remaining provisions will continue in full force and effect.

In plain terms: If a court strikes down one clause, the rest of the Terms still apply.

19. Force Majeure

Neither party will be liable for any failure or delay in performance of any obligation under these Terms (other than an obligation to pay money) to the extent the failure or delay is caused by circumstances beyond that party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemics, strikes affecting third parties, governmental orders, and prolonged outages of third-party infrastructure (for example, OpenAI API, Supabase, Stripe, Vercel, Cloudflare, Resend, Sentry, internet backbone providers).

In plain terms: If something big and outside our control stops the Service from working (storms, wars, major cloud outages), we’re not liable for the disruption.

20. Entire Agreement, Waiver and Assignment

20.1 Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.

20.2 No waiver

Our failure to enforce any provision of these Terms on a given occasion does not constitute a waiver of our right to enforce that provision in the future.

20.3 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms to any successor in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our business or assets, provided that the successor agrees in writing to be bound by these Terms.

20.4 Independent contractors

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.

20.5 Headings

Section headings are for convenience only and do not affect interpretation.

21. Contact Information

For any questions about these Terms, your account, or the Service, please contact us:

General support: support@windsurfersmindset.coach

Privacy: privacy@windsurfersmindset.coach

Postal address:

Marotti windsurfing d.o.o.

Ulica Andrije Štangera 25

51410 Opatija, Croatia

OIB: 34138224299

EU VAT ID: HR34138224299

22. How You Accept These Terms

By clicking the “I have read and accept the Terms of Service and Privacy Policy” checkbox during account registration, or by continuing to use the Service after a notified change to these Terms takes effect, you expressly accept and agree to be bound by them.

For audit and proof of consent, we record:

  • The version identifier of the Terms that were in effect (for example, v1.1-2026-05-20).
  • The timestamp of your acceptance.
  • The IP address from which you submitted the acceptance.
  • The user-agent string of the browser or client you used.
  • Whether the acceptance was an initial sign-up or a re-acceptance following a material update.

Past acceptances are kept in an immutable audit log and are never overwritten. You can request a copy of the version of the Terms to which you agreed, along with the acceptance timestamp, by emailing privacy@windsurfersmindset.coach.

In plain terms: When you tick the box at sign-up, we keep a dated record so we can both prove which version you agreed to.

End of Terms of Service (v1.1-2026-05-20, effective 2026-05-20).·Privacy Policy·Version archive