Terms and Conditions

Last updated: 2023-08-13

These terms and conditions ("Terms") govern your access and use of the online-based crew management tool Segelfreund (" Segelfreund" or "Tool") provided by Sebastian Haas, Bruno-Marek-Allee 19/11, 1020 Vienna, Austria ("Company," "we," " our," or "us"). By accessing or using Segelfreund, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use Segelfreund. Segelfreund is a tool designed to assist sailing crews in collaborating on various aspects such as managing the crew list, coordinating provisioning efforts, sharing music playlists, and documenting logged trips. Segelfreund is a project that's continuously evolving, as we consistently strive to enhance its functionality. There might be instances where we need to limit access to certain features or even discontinue them temporarily. We kindly ask for your patience and assure you that we are dedicated to providing the utmost support possible.

1. Access and Use

1.1 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms to use Segelfreund.

1.2 License

Upon registration, you are hereby granted a non-exclusive, non-transferable, limited license to access and utilize Segelfreund in accordance with its intended purpose. This license allows you to make use of Segelfreund's functionalities within the scope of its intended use. It's important to note that complete usage of Segelfreund, including all its features, requires a payment. Therefore, while basic access and usage are covered by the granted license, full access to all features of Segelfreund will necessitate a separate payment arrangement. Additionally, it's crucial to understand that any reproduction, distribution, modification, creation of derivative works, or commercial exploitation of Segelfreund is strictly prohibited without obtaining our prior written consent. This ensures that the license granted is limited to non-commercial and intended use only.

1.3 User Account

To access most features of Segelfreund, you need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

1.4. Invitations

Segelfreund offers a feature that allows you to invite other users to join your sailing trips via email. By sending these invitations, you acknowledge and agree that you have obtained the necessary consent from the invitees to send them these emails. Segelfreund does not take responsibility for the content, accuracy, or legality of these invitation emails. The use of this invitation feature must adhere to all applicable laws and regulations regarding consent and communication.

Misuse of the invitation feature is strictly forbidden. This includes sending unsolicited, unauthorized, or deceptive invitations. Any violation of this prohibition may result in the suspension or termination of your account on Segelfreund.

Please note that Segelfreund is not liable for any issues, disruptions, or damages arising from the use of the invitation feature, including but not limited to technical glitches, delivery failures, or miscommunication. The responsibility for the content, accuracy, and legality of the invitations lies solely with the users who send them.

1.5 Usage Restrictions

You agree not to use Segelfreund for any unlawful, harmful, abusive, or otherwise objectionable purpose. You also agree not to interfere with the proper functioning of Segelfreund or compromise its security.

2. Privacy

Your use of Segelfreund is subject to our Privacy Policy. By using Segelfreund, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

3. Intellectual Property

Segelfreund, including all content, features, and functionality, is owned by the Company and protected by intellectual property laws. You may not use, copy, reproduce, distribute, or create derivative works based on Segelfreund's content without our explicit permission.

4. Modifications and Termination

We reserve the right to modify, suspend, or discontinue Segelfreund (or any part thereof) at any time without notice. We may also terminate your access to Segelfreund if you violate these Terms or engage in any unauthorized or harmful activity.

5. Warranty and Refund Policy

5.1 Warranty

Segelfreund is offered as is, with availability dependent on its current state. We do not offer any warranties, whether explicit or implicit, including but not restricted to warranties of merchantability, suitability for a specific purpose, and non-infringement. We cannot guarantee that Segelfreund will be free of errors, consistently uninterrupted, or fully secure. Furthermore, we do not make any assurances about the accuracy or dependability of the content accessible through Segelfreund. The guidance provided by Segelfreund in relation to your crew lists, recorded trips, provisioning, or cruising kitty should be understood as being provided without any warranty, as per these terms.

5.2 No Refunds

As Segelfreund is offered as Software as a Service (SaaS), all charges are non-refundable. This includes any unused portion of paid periods, regardless of whether you choose to end your trip or delete your account before the end of the charged period.

6. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of Segelfreund.

7. Indemnification

You agree to indemnify and hold the Company, its affiliates, officers, employees, and agents harmless from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising from your use of Segelfreund or violation of these Terms.

8. Exercise

Your acknowledgment is that if Segelfreund does not exercise or enforce any portion of this agreement and its terms, such inaction does not indicate a relinquishment of the rights or provisions outlined in this agreement.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Vienna, Austria.

10. Severability

If any provision or part of these Terms is found to be unlawful, void, or unenforceable, that provision or part shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective upon posting the updated Terms on Segelfreund's website. Your continued use of Segelfreund after such changes constitutes your acceptance of the modified Terms.

By using Segelfreund, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.

For questions or concerns about these Terms, please contact us.

A blue wave pattern flowing horizontally across the screen.
A blue wave pattern flowing horizontally across the screen.