Terms of Service

1. Introduction & Scope

These Terms of Service (“Terms”) govern access to and use of the software and services provided by Njord Analytics GmbH, a company organized under the laws of Germany (“Njord,” “we,” “us,” or “our”), including:

• Njord Analytics – a browser-based platform for sailing performance analysis (the “Web Service”); and
• Njord Player – a locally-installed desktop application for sailing video debriefing (the “Desktop Application”),

together referred to as the “Services.” By creating an account, installing the Desktop Application, or otherwise using the Services, you (“you,” “your,” “Customer,” or “User”) agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

We offer the Services worldwide to both individual consumers and business customers. Certain provisions below apply only to consumers, as indicated.

2. Eligibility & Account Registration

To use the Services you must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) and capable of forming a binding contract. If you register on behalf of a business or other organization, you confirm you are authorized to act as that organization’s representative.

You agree to provide accurate, current, and complete registration information, to keep it up to date, and to keep your account credentials confidential. You are responsible for all activity that occurs under your account, except to the extent caused by our breach of these Terms.

3. Description of the Services

3.1 Njord Analytics (Web Service)

Njord Analytics allows you to upload, store, and analyze sailing and boat performance data (e.g., GPS tracks, instrument data, polar and performance metrics) that you collect from your vessel (“User Data”, see Section 7).

3.2 Njord Player (Desktop Application)

Njord Player is a locally-installed application used to review and debrief on-board video alongside performance data. Loading data into Njord Player always requires an active license or subscription, regardless of whether the application is connected to the internet at the time — see Section 5 for how licensing and usage tracking work when the application is offline. Once data has been loaded under a valid license, analyzing and reviewing it within the application is not separately gated.

3.3 No Navigation or Safety Tool

The Services are analytical and debriefing tools intended for use after sailing activity (post-event analysis) and for general performance review. They are not certified navigation, collision-avoidance, weather-routing, or safety-of-life equipment, and must not be used as a primary or sole source for real-time navigational decisions. You remain solely responsible for safe navigation and seamanship.

3.4 Changes to the Services

We may add, modify, or discontinue features of the Services from time to time. We will provide reasonable notice of any change that materially reduces core functionality you are actively paying for.

4. License Grant & Acceptable Use

Subject to these Terms and any applicable subscription or license, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own sailing, training, coaching, or related business purposes.

You agree not to:

• reverse engineer, decompile, or attempt to extract source code from the Services, except to the extent such restriction is prohibited by applicable mandatory law;
• circumvent, disable, or interfere with licensing, security, or rate-limiting mechanisms, including license gating in Njord Player, other than incidental, non-commercial offline use as described in Section 5.2;
• resell, sublicense, or provide the Services to third parties as a bureau or service offering without our prior written consent;
• upload data you do not have the right to upload, or use the Services in a way that infringes third-party rights or violates applicable law;
• use the Services to build a directly competing product.

We may suspend or terminate access for breach of these Terms, suspected fraud or abuse, or unlawful use, as described in Section 11. Where reasonably feasible, we will give you notice and an opportunity to remedy minor or unintentional breaches before suspending access. We do not intend to penalize occasional, unintentional, individual offline use of Njord Player — see Section 5.2.

5. Additional Terms for Njord Player

5.1 License-Gated Data Loading

Loading data into Njord Player requires an active license or subscription on your Njord account at all times, whether or not the application is connected to the internet. Once loaded, you may analyze and review that data within the application without further license gating. Where the application is online, your license is validated and applicable charges are shown in real time, as with Njord Analytics (Section 6). Where the application is offline, usage is recorded locally on your device and transmitted to us once connectivity is restored; the resulting charges are then consolidated into your account and billed accordingly. Offline use does not reduce or remove your obligation to hold a valid license for data you load.

5.2 Offline Use

Because the Desktop Application runs locally, it is technically possible to use certain functionality while disconnected from the internet, which may delay both our ability to show you charges in real time and the transmission of usage logs to our servers. Individual users occasionally working offline (e.g., aboard a vessel without connectivity) will not be treated as violating these Terms for that reason alone; their usage will simply be logged locally and billed once connectivity resumes. However, deliberately and persistently keeping the application offline in order to prevent usage logs from reaching us, and thereby avoid licensing and billing obligations, particularly in a commercial or multi-user context, is a breach of these Terms and may result in suspension of your account and/or a claim for unpaid fees based on our reasonable estimate of usage.

6. Subscriptions, Billing & Payment

6.1 Plans

We offer (a) recurring subscription plans (monthly or annual) and (b) pay-per-use licensing, as described on our pricing page or in your order. The specific plan, price, and billing frequency applicable to you are shown at checkout or in your account.

6.2 Prices and Taxes

All prices are quoted in Euros (EUR) and exclude value-added tax (VAT) or other applicable sales tax unless stated otherwise. For customers located in Germany, German VAT is added. For customers located elsewhere in the European Union who do not provide a valid VAT identification number, VAT is added in accordance with the EU One-Stop-Shop (OSS) scheme. Customers outside the EU are responsible for any import duties, taxes, or levies imposed by their own jurisdiction.

6.3 Payment Processing

All payments are processed by Stripe, our third-party payment processor. We do not store full payment card numbers on our own systems. By providing a payment method, you authorize us, via Stripe, to charge that payment method for all fees described in these Terms or your order, including recurring charges as described below. Stripe’s own terms and privacy policy govern its processing of your payment details.

6.4 Subscription Billing & Auto-Renewal

Subscriptions are billed in advance at the start of each billing term (monthly or annual, per your plan) and automatically renew for successive terms of the same length unless cancelled before the renewal date.

Before each renewal, we will send a reminder email:

• at least 7 days before any annual renewal; and
• at least 7 days before any monthly renewal where the charge exceeds EUR 100.

We do not send a pre-renewal notice for monthly renewals of EUR 100 or less, in order to avoid sending routine notification emails for small recurring charges. You can view your next renewal date and amount in your account at any time and may cancel auto-renewal before the renewal date.

6.5 Pay-Per-Use Licensing

For pay-per-use licensing, usage is tallied on your account at the time data is uploaded or loaded. At the time of each upload, we display the amount that upload will add to your running tally before it is incurred. Once data has been uploaded or loaded under a valid charge, analyzing and reviewing it afterward does not incur further charges. Accrued usage is charged to your payment method up to 30 days after the upload occurs, and in some cases later (for example, where charges are batched or usage is still being finalized).

6.6 Failed Payments

If a payment fails, we will retry the charge and notify you. If payment is not successfully completed within a reasonable grace period after notice, we may suspend access to paid features and, if the failure continues, downgrade or terminate the affected subscription or license.

6.7 Refunds

As a general rule, payments are non-refundable, except where required by applicable law. That said, we want you to be happy with the Services: if something isn’t working for you, get in touch and we’ll do our best to make it right — whether that means a refund, a credit, or fixing the underlying issue. This Section does not affect any mandatory statutory rights you may have as a consumer (see Section 8).

7. Your Data

7.1 Ownership

As between you and us, you retain all ownership rights in the boat, performance, video, and other data you upload to the Services (“User Data”). We do not claim ownership of User Data.

7.2 License to Us

For data you upload to Njord Analytics (the Web Service), you grant us a limited, non-exclusive, worldwide license to host, store, process, and display that User Data solely to provide and improve the Web Service to you, and as otherwise permitted by these Terms and our Privacy Policy. Data you load within Njord Player (the Desktop Application) is processed locally on your device; we receive only the usage information needed for license validation and billing under Section 5, unless you separately choose to upload content to Njord Analytics.

7.3 Retention, Cancellation, and Deletion

• If you cancel a billing subscription, your data remains accessible in your user account; cancellation alone does not delete it.
• Deleting an individual boat removes that boat’s data after 30 days.
• Deleting your user account must be requested separately and results in deletion of all boats associated with that account.
• You may export your data at any time via our API.

7.4 Sub-processors

We use the following sub-processors to provide the Services: Amazon Web Services (hosting and storage), Stripe (payment processing), and Sentry (error monitoring). Further detail on sub-processors and data handling is provided in our separate Privacy Policy.

8. Consumer Right of Withdrawal

If you are a consumer located in the European Union or United Kingdom, you may ordinarily have a statutory right to withdraw from a contract for digital services within 14 days without giving a reason.

By beginning to use a paid feature of the Services before the 14-day withdrawal period has expired — for example, by uploading data using a paid license — you expressly request that we begin performance immediately, and you acknowledge that you thereby lose your right of withdrawal once performance has begun, in accordance with applicable consumer protection law (e.g., § 356(5) BGB / Article 16(m) of EU Directive 2011/83/EU and equivalent UK provisions).

9. Our Intellectual Property

The Services, including all software, design, text, graphics, and other content we provide (excluding User Data), are owned by us or our licensors and protected by intellectual property laws. Except for the limited license granted in Section 4, no rights are transferred to you.

10. Confidentiality

Each party agrees to use the other’s non-public business and technical information only as necessary to perform under these Terms, and to protect it with reasonable care. This Section does not apply to information that is or becomes public through no fault of the receiving party, or that must be disclosed by law.

11. Term, Suspension & Termination

These Terms remain in effect for as long as you maintain an account or use the Services. Either party may terminate a subscription as described in your plan details or account settings.

We may suspend or terminate your access, in whole or in part, with notice where reasonably feasible, if: (a) you fail to pay amounts due and do not cure within a reasonable grace period after notice; (b) you materially breach these Terms, including the Acceptable Use provisions in Section 4, and (where the breach is capable of being cured) fail to remedy it after notice; (c) we reasonably suspect fraud, abuse, or unlawful use of the Services; or (d) required by law.

Upon termination, your right to use the Services ends, but Sections 7 (Your Data, subject to the retention terms above), 9, 10, 12, 13, and 14 survive.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANALYSIS OUTPUTS WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE. NOTHING IN THIS SECTION LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE MANDATORY LAW, INCLUDING STATUTORY CONSUMER PROTECTIONS.

13. Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Services, whether in contract, tort, or otherwise, is limited to the total fees paid by you to us in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost data, or business interruption.

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable mandatory law.

14. Governing Law & Venue

These Terms are governed by the laws of Germany, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. Subject to the paragraph below, the courts of Leipzig, Germany have exclusive jurisdiction over any dispute arising out of or relating to these Terms.

If you are a consumer, the choice of German law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence, and you may also be entitled to bring proceedings in the courts of that country, where applicable consumer-protection law so provides.

15. Changes to These Terms

We may update these Terms from time to time. We will provide reasonable advance notice of material changes (e.g., by email or in-product notice) before they take effect. Continued use of the Services after the effective date of an update constitutes acceptance of the revised Terms.

16. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any order or plan details, constitute the entire agreement between you and us regarding the Services.
• Severability: If any provision is held unenforceable, the remaining provisions remain in full force.
• Assignment: You may not assign these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No Waiver: Failure to enforce a provision is not a waiver of our right to do so later.
• Notices: We may provide notices to the email address associated with your account.

17. Contact

Njord Analytics GmbH Njord Analytics GmbH, Lise-Meitner-Str. 5, 04178 Leipzig, Germany Handelsregister: Amtsgericht Charlottenburg, HRB 201352 B Email: support@sailnjord.com