Terms of Service

Last updated: 9th of March 2025

1. Introduction

Welcome to Sailboatperformance.com. By accessing or using our services, you agree to comply with and be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

These Terms of Service shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

2. Use of Services

You agree to use our services only for lawful purposes. You must not use our services in a way that may cause harm, disruption, or damage to us, our users, or third parties.

3. User Accounts

You are responsible for maintaining the confidentiality of your account information and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User-Generated Content and Uploaded Images

By uploading images or other content to our platform, you confirm that:

• You own all rights to the images or have obtained all necessary permissions to use and share them.
• You grant Sailboatperformance.com a non-exclusive, royalty-free license to use, display, and store these images in connection with your account and our services.
• The images do not infringe upon the intellectual property rights, privacy rights, or other rights of any third party.
• The images do not contain any unlawful, offensive, or inappropriate content.

We reserve the right to remove any content that violates these terms or that we deem inappropriate at our sole discretion.

5. Public and Private Data

Our platform allows you to set your boat data as either public or private. By setting your boat data to "public," you acknowledge and agree that:

• Your boat data, including any uploaded images, will be accessible to all users of the platform and the general public.
• Your boat data may appear in search results both on our platform and in external search engines.
• Other users may view, compare, and reference your boat data for their own purposes.

We encourage you to carefully consider your privacy preferences before making your boat data public. You can change your privacy settings at any time.

6. Data Protection and GDPR Compliance

We are committed to protecting your personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws of the European Union and the Federal Republic of Germany.

By using our services, you consent to the collection, processing, and storage of your personal data as described in our Privacy Policy.

You have the right to:

• Access your personal data
• Rectify inaccurate personal data
• Request erasure of your personal data
• Restrict or object to processing of your personal data
• Data portability
• Withdraw consent at any time

To exercise these rights, please contact us at datenschutz@sailboatperformance.com.

7. Intellectual Property

All content and materials on our platform are the property of Sailboatperformance.com or our licensors. You may not use, reproduce, or distribute any content without our express written permission.

8. Limitation of Liability

We are not liable for any damages or losses resulting from your use of our services. Our services are provided "as is," and we do not guarantee their accuracy, reliability, or availability.

To the extent permitted by applicable law, we exclude all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Any changes will be posted on our website, and your continued use of the services constitutes acceptance of the modified terms.

For significant changes, we will make reasonable efforts to provide notice, including, at our discretion, posting a notice on our website or sending an email to users.

10. Dispute Resolution

Any dispute arising from or in connection with these Terms shall be resolved through amicable negotiations. If no resolution can be reached, the dispute shall be submitted to the exclusive jurisdiction of the courts of Germany.

11. Contact Us

If you have any questions about these Terms of Service, please contact us at info@sailboatperformance.com.

For data protection inquiries, please contact our data protection officer at datenschutz@sailboatperformance.com.