See also: Privacy Policy · Version archive
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.
WindCoach is an AI-powered coaching platform for windsurfing education. The Service provides:
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.
To use most features of the Service, you must create an account. You agree that:
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.
When using the Service, you agree not to:
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.
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.
| Plan | Price | Billing cycle | What you get |
|---|---|---|---|
| Basic | €9.99 per month, VAT included | Monthly, recurring | 50 AI messages / month, 1 active training plan, standard content access |
| Premium | €19.99 per month, VAT included | Monthly, recurring | 150 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.
In addition to subscriptions, the Service offers one-time purchases:
One-time purchases are payable in advance and are subject to the refund rules in Section 6.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
“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.
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.
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:
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.
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:
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.
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.
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:
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.
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:
Before and during any time on the water, you agree that you will:
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).
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.
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.
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.
Nothing in this Section excludes or limits our liability for:
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.
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:
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.
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).
We may suspend or terminate your access to the Service:
Where we terminate for convenience, we will refund any fees you have paid that relate to services you will not receive.
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.
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.
We use the following third-party sub-processors to deliver the Service. Each operates under its own data-processing terms:
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.
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.
We may amend these Terms from time to time. Changes fall into two categories:
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:
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.
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.
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.
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.
If you are a consumer and a dispute arises, you have the right to use alternative dispute-resolution mechanisms before going to court:
We will provide an email address for ADR communications on request at support@windsurfersmindset.coach.
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.
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.
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.
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.
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.
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.
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.
Section headings are for convenience only and do not affect interpretation.
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
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:
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.