Foil Run Terms of Service

Who provides Foil Run

Foil Run is operated by Wren Dougherty in the United States. In these Terms, “Foil Run,” “we,” “us,” and “our” refer to the operator of the service. You can contact us at privacy@foil.run.

The service

Foil Run records and analyzes foiling and sailing sessions. It can estimate wind and performance, organize a private Logbook, help you compare sessions and gear, create recap images, and support public Courses and leaderboards when you choose to participate.

Analysis is based on consumer GPS, device sensors, rider input, and algorithms. Results are estimates and may be incomplete or wrong. Features may change as the service develops.

Possible paid offerings

Foil Run is currently free. We may offer paid features, subscriptions, or other commercial products in the future. Any applicable price, billing, renewal, cancellation, and refund terms will be presented before you purchase. These Terms do not authorize a charge, and a purchase does not itself enable an optional data use.

Eligibility and accounts

You must be at least 18 years old to use Foil Run. You are responsible for providing accurate account information, protecting access to your sign-in email, and activity under your account.

You may delete individual sessions or your account using the available controls. Some public material, copies shared outside Foil Run, legal records, backups, de-identified output, and separately submitted feedback evidence may follow the retention rules in the Privacy Policy.

Safety

Foiling, sailing, and other water sports involve serious risk. You are responsible for deciding where, when, and how to ride, for checking conditions and equipment, and for following applicable laws and safety guidance.

Foil Run is not navigation equipment, safety equipment, race officiating, a live tracking or rescue service, or medical advice. A Course, leaderboard result, Watch display, wind estimate, or performance metric is not a representation that a route, speed, or condition is safe. Keep your own copies of important recordings.

Your content and license

You retain ownership of content you provide, including tracks, session details, gear information, notes, sensor recordings, voice recordings, and feedback.

You grant Foil Run a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, process, analyze, format, display, and otherwise use your content as reasonably necessary to provide, maintain, secure, support, debug, personalize, research, develop, and improve the service; create de-identified or aggregate insights; comply with law; and carry out the settings and actions you choose. We may exercise this license through service providers working on our behalf. The Privacy Policy and your available data choices limit how we use personal information.

These purposes may include developing Foil Run algorithms and models, and creating commercial products from eligible insights. A possible future use described here does not mean that use is active or that existing choices authorize it. We must first satisfy the applicable notice, permission, and other requirements described in the Privacy Policy.

The license continues for as long as reasonably necessary for an allowed purpose. It ends when the relevant content is deleted, subject to reasonable backup cycles, legal obligations, public material you chose to publish, separately submitted feedback evidence, and information that has been irreversibly de-identified.

Sharing and public content

Saved sessions are private unless you take a specific sharing or publication action. A local recap is created for you to send or save outside Foil Run. If recorded heart-rate data is available, the recap may include average and maximum heart rate, but not raw samples or a time series.

Publishing a Course or entering a Course leaderboard makes the fields shown in the confirmation public. Course validation may use a limited private portion of the source session for that purpose. It does not use heart rate, voice recordings, motion files, or unrelated sessions. You are responsible for content you publish and must have the right to publish it.

Public content may be copied or reshared by others. Removing it from Foil Run cannot remove copies held elsewhere, and temporary cached copies may remain after removal.

Data choices and privacy

Help Improve makes private session learning and aggregate analysis part of Foil Run by default, with an opt-out. External-AI voice processing, device permissions, heart-rate upload and report donation have the controls described where you use them. Agreeing to these Terms does not itself turn on a separate permission or override a choice you turned off.

The Privacy Policy explains what Foil Run collects, how it is used and disclosed, the current defaults, and the controls and rights available to you.

Acceptable use

You may not use Foil Run to:

• upload or publish content you do not have the right to use;
• impersonate another person or submit another rider’s performance as your own;
• harass others or publish unlawful, deceptive, or abusive material;
• access another rider’s private account, sessions, or files;
• probe, attack, overload, scrape, or interfere with the service; or
• use Foil Run in violation of applicable law.

We may investigate suspected misuse and restrict, suspend, or terminate access, or remove or limit public content, when reasonably necessary to protect riders, third parties, or the service.

Product feedback

If you send ideas, suggestions, or general product feedback, you allow Foil Run to use them without restriction or compensation. This does not change the privacy choices or retention terms that apply when a feedback report includes a track, screenshot, voice evidence, contact information, or other personal information.

Third-party services

Foil Run depends on third-party platforms and service providers, including device, hosting, mapping, weather, email, and optional AI services. Their own terms may apply to services they provide to you. Foil Run is not responsible for third-party products or services that it does not control.

If you obtain the iPhone or Apple Watch app through Apple, these Terms are between you and Foil Run, not Apple. Apple has no obligation to maintain or support Foil Run and is a third-party beneficiary of these Terms as they apply to the app. Apple may enforce those provisions against you.

If you obtain the Android app through Google Play, these Terms are between you and Foil Run, not Google. Google Play’s own terms apply to your use of Google Play, and Google has no obligation to maintain or support Foil Run.

Service changes and termination

We may add, change, suspend, or discontinue features, and may limit access for operational, security, legal, or product reasons. You may stop using Foil Run at any time. Provisions that by their nature should survive termination will survive, including ownership, licenses already exercised, disclaimers, liability limits, and dispute provisions.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOIL RUN IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the service will be uninterrupted, secure, error-free, or that any analysis, estimate, or content will be accurate or complete. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOIL RUN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST DATA, PROFITS, REVENUE, OR GOODWILL. FOIL RUN’S TOTAL LIABILITY FOR CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF US $50 OR THE AMOUNT YOU PAID FOIL RUN IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limits non-waivable consumer rights.

Indemnity

To the extent permitted by law, you will indemnify and hold Foil Run harmless from third-party claims, losses, and reasonable costs arising from content you upload or publish, your violation of these Terms, or your violation of another person’s rights. We will notify you of a covered claim and reasonably cooperate in its defense.

Changes to these Terms

We may update these Terms as the service, business, or law changes. The date above shows when the current Terms took effect. We will provide additional notice or request acceptance when required by applicable law. Changes to these Terms do not silently enable a separate data choice.

Disputes and general terms

Please contact us first if you have a concern so we can try to resolve it. Either party may bring a qualifying claim in small claims court. These Terms do not require arbitration and do not limit rights or remedies that cannot lawfully be waived.

If any provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue in effect. You may not transfer these Terms or your account without our consent. We may transfer these Terms in connection with a reorganization, financing, sale, or transfer of the service, subject to applicable notice and privacy requirements.

Contact

Questions about these Terms can be sent to privacy@foil.run.