Foil Run Terms of Service

Who you are agreeing with

Foil Run is operated by Wren Dougherty, an individual based in the United States, not a company. When these Terms say “Foil Run”, that is who they mean. The one published contact address for questions, disputes, and data requests is privacy@foil.run.

What Foil Run is

Foil Run analyses GPS tracks from foiling and sailing sessions. You supply a recorded track — a GPX export, or a recording made by the Foil Run iPhone and Apple Watch apps — and Foil Run estimates wind, splits the session into segments, climbs, and runs, measures speed, VMG, and maneuver outcomes, and lets you compare sessions and publish a session or a course-board entry if you choose to.

It is a free, best-effort solo project with no service-level agreement. Every number it shows is an estimate derived from consumer GPS, not a certified measurement. Foil Run is not navigation equipment, safety equipment, race officiating, or medical or fitness advice. Do not make a decision on the water based on what it tells you afterwards.

Changes to these Terms

Foil Run may update these Terms as the product changes. A material change takes effect no sooner than 14 days after Foil Run emails account holders or shows a notice in the product, and the version id and dates at the top of this page always state what is in force. Continuing to use Foil Run after a change takes effect is acceptance of the changed Terms.

A change that would expand how data Foil Run already holds may be used is not applied retroactively: it takes a new, affirmative choice from you, not just a notice. That rule is also stated in the Privacy Policy, and it is why the optional consents below carry their own versions.

Your account

Analysis works without an account. An account adds a private Logbook, saved sessions, gear, courses, and publishing. Sign-in is an emailed magic link or code, so keeping access to that email address is what keeps access to the account; you are responsible for what happens under it.

You can delete your account yourself from account settings, and you can delete individual sessions at any time. Foil Run may also end or suspend access if that is needed to protect the service or other riders, as described under Acceptable use.

Your tracks stay yours

You keep ownership of everything you bring: your tracks and their GPS points, gear and setup details, session titles and notes, Watch motion files, and voice recordings. Using Foil Run does not transfer ownership of any of it, and Foil Run does not claim a right to reuse your content for its own purposes.

You grant Foil Run only the permission it needs to run the service for you: to host, store, copy, process, analyze, secure, back up, support, and show your data back to you, and to display what you deliberately publish. Ordinary private upload, owner-visible analysis, operator access for operations, support, debugging, and abuse or security handling, and a share page or board entry you deliberately created are all service uses. This permission extends to the infrastructure providers that act on Foil Run's behalf to store and serve the data — the Privacy Policy names them — and to no one else. It lasts while the data is in your account and ends when you delete the session or the account; content you deliberately published stays licensed for public display until you unpublish or delete it.

It does not cover developing or evaluating Foil Run's algorithms with your sessions, and it does not cover sending your recordings to a third-party AI service. Those are the separate choices below.

Optional consents are separate

Help improve Foil Run (aggregate contribution and private session dig-in) and Gemini voice processing are separate account choices, each with its own version and its own explanation in account settings. For this friends learning alpha, the two Help improve choices start on for new accounts and for existing accounts that had not yet chosen, with opt-out at sign-up or in Account. If you already turned a choice off, it stays off. Gemini voice processing is different: it stays off until you deliberately turn it on, and Foil Run offers it when you review a session's voice notes. These Terms do not turn any of them on by themselves. Reading them, following them, or continuing to use Foil Run never counts as consent to them, and turning one off later does not affect your right to keep using the product.

Publishing a share page, entering a public course board, and donating a track with a feedback report are also deliberate, separate acts. Nothing in this document publishes or donates anything on your behalf. The Privacy Policy describes what each of those choices actually does with your data.

Acceptable use

Upload only recordings you made or have the right to share, and publish only content you have the right to publish. Do not present someone else's session as your own, especially on a public course board. You are responsible for complying with the laws that apply to you and to what you upload and publish.

Do not attack, overload, or probe the service; do not try to reach another rider's private sessions, account, or files; do not bulk-scrape the site or its APIs; and do not use Foil Run to harass anyone. Foil Run may remove content or suspend access when that is needed to protect the service or other riders. Enforcement here is manual and best-effort, not an automated system.

Riding is your own risk

Foiling and sailing are inherently dangerous sports. You decide where, when, and how to ride, and you take part at your own risk. Foil Run is a record of what already happened, with estimates layered on top; nothing it shows — including anything the Watch displays while you ride — is guidance to go faster, ride further out, or go out in conditions you would not otherwise choose.

Foil Run is not a live tracking, rescue, or emergency service. Do not treat an uploaded session, or the absence of one, as evidence that a rider is safe. Public courses and leaderboards are created by riders, are not vetted for safety, and describe past sessions only; a course or a leaderboard time is never a statement that the route, the conditions, or the speed were safe, and chasing one is your own decision.

Privacy

GPS tracks are precise location history, and how Foil Run handles them is described in the Privacy Policy. Where these Terms and that document seem to disagree about data, the Privacy Policy is the one that describes what the product actually does.

Deleting what you sent

You can delete saved sessions one at a time, and deleting one also deletes its retained source GPX, attached motion sensor file, and saved voice recordings. Deleting your account removes your private sessions and those attached files, the share pages you own and the board entries tied to them, your private and proposed courses, your gear, your profile fields, and your sign-in sessions.

A track-debug report you donated with the report checkbox is deliberately outside that scope, because it is not account-owned; the Privacy Policy explains that boundary and how to ask about a specific donation. For anything the account controls itself, deletion is immediate and cannot be undone.

Copyright complaints

If something published on Foil Run infringes your copyright, email privacy@foil.run with a link to the content, what it infringes, and how to reach you. Foil Run takes infringing content down and may close the account of a repeat infringer.

No warranty

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

In plain language: Foil Run is provided as it is, free, while it is being built. There is no uptime guarantee, no support commitment, and no promise that a feature will keep working the same way or keep existing. Analysis can be wrong: wind is estimated, segments and maneuvers are detected by algorithms that are still improving, and a session can be reanalyzed differently after an update.

Keep your own copies of your GPX files. Foil Run is not a backup service, and a stored session can be lost to a bug, an outage, or an infrastructure failure.

Some places do not allow some of these exclusions, so parts of this section may not apply to you.

Limits on liability

TO THE EXTENT PERMITTED BY LAW, FOIL RUN'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) OR THE AMOUNTS YOU PAID FOIL RUN IN THE TWELVE MONTHS BEFORE THE CLAIM, AND FOIL RUN IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST DATA, PROFITS, OR GOODWILL.

This limit does not reach what the law does not let it reach: nothing in these Terms excludes or limits liability for gross negligence, willful misconduct, or anything else that cannot lawfully be excluded, and some places do not allow some of these limits, so parts of this section may not apply to you.

In the other direction: if someone brings a claim against Foil Run because you uploaded or published content you had no right to, or because you broke these Terms, you are responsible for the costs of that claim.

If we disagree

If something goes wrong, email privacy@foil.run first and allow 30 days to work it out in good faith before filing anything. Either of us may bring a qualifying claim in small claims court. There is no arbitration clause.

These Terms deliberately do not name a governing law or dispute forum yet. That is a decision for a later legal review rather than something to guess at, so until then the ordinary rules for deciding which law applies do.

Apple App Store

The Foil Run iPhone and Watch app you install through TestFlight or the App Store is licensed to you under Apple's standard Licensed Application End User License Agreement; these Terms govern the Foil Run service the app connects to. These Terms are between you and Wren Dougherty only — Apple is not a party, is not responsible for the app or the service, and has no obligation to provide any maintenance or support for it. Apple and its subsidiaries are third-party beneficiaries of these Terms as they apply to the iOS and watchOS app, and may enforce them against you.

You represent that you are not located in a country subject to a United States government embargo and are not on any United States government list of prohibited or restricted parties.

Who can use Foil Run

Foil Run is intended for adults 18 or older and is not directed at children. Do not use Foil Run if you are under 18. This is a policy statement: the product does not ask for your date of birth and has no age gate or parental-consent flow.

The formal small print

If part of these Terms turns out to be unenforceable, that part is limited or removed to the minimum extent necessary and the rest stays in effect. These Terms and the Privacy Policy are the whole agreement about the service; the optional consents above remain separate choices recorded on your account, not clauses of this document.

You may not transfer this agreement or your account to someone else. Foil Run may transfer this agreement to a legal entity that continues the service — for example, if the solo project later becomes a company — and will announce that like any other material change.

What is still open

Two things a finished Terms of Service usually names are deliberately left open here rather than guessed: the governing law and dispute forum, and the mechanism that records your acceptance (today, nothing does). Both wait on a legal review this document has not had. Until then, read these Terms as the operator's honest best effort: real commitments, stated plainly, with the unreviewed parts named instead of papered over.

Questions

Email privacy@foil.run with a question about these Terms, your data, or a deletion request. That is the one address Foil Run publishes today.

These are plain-language Terms written by the operator, not legal advice, and they have not been reviewed by a lawyer.