These terms govern the use of the Regatta Pulse application for iPhone and Apple Watch (the "Application"), developed by Nicolás Salari, domiciled in the Province of Santa Fe, Argentine Republic (the "developer"), by the person who installs and uses it (the "User").
Use of the Application constitutes full acceptance of these terms. A User who does not agree must refrain from using it; they may request the applicable refund from Apple and delete it. Apple's standard end-user licence agreement for applications also applies.
The Application is a sports support instrument. It is not a navigation aid or safety equipment, and the only valid signals when racing are those made by the Race Committee.
The Application is a sports support instrument for sailboat racing. It displays start sequence timing, speed over ground, heading, heel and an estimate of the distance to the start line, computed from the GPS receiver and the sensors of the iPhone and Apple Watch. The Application is not a navigation system, is not safety equipment, and has not been certified for either purpose. It does not replace charts, a compass, a depth sounder, a VHF radio, the safety equipment required on board, or the skipper's judgement.
Command of the vessel rests solely with its skipper. The User must at all times keep the proper look-out by sight and hearing required by the International Regulations for Preventing Collisions at Sea (COLREG, Rule 5) and by applicable local regulations. Consulting the Application must not interfere with that duty. The decision to go out, to remain on the water or to return to port rests with the skipper and must be taken on the basis of the weather conditions and the state of the vessel and crew.
The data presented by the Application comes from consumer-grade sensors and is subject to error. Its accuracy may degrade, and the information may be interrupted or stop updating without notice, for reasons such as the position and mounting of the device on board, the case used, the presence of water, temperature, battery level or the behaviour of the operating system. The distance to the start line can be no more accurate than the PIN and BOAT marks recorded by the User, and marks may drift during the race. The polar tables included are a theoretical class reference and not a measurement of the performance of the User's vessel. The User must not take decisions affecting safety on the basis of the information displayed by the Application alone.
The sound alerts and haptics of the start sequence are for training purposes and do not constitute official signals. The only valid signals are those made by the Race Committee. The Application does not determine OCS calls, penalties or results, and the records it generates do not constitute evidence in a protest unless the jury decides to admit them. Racing is governed by World Sailing's Racing Rules of Sailing, the notice of race and the sailing instructions.
The Application includes no emergency features: it has no SOS, does not place calls, does not notify third parties and does not provide forecasts or weather warnings. In an emergency the User must use the means provided for that purpose: VHF radio channel 16, the competent maritime authority (in the Argentine Republic, the Prefectura Naval Argentina, telephone 106) and the vessel's safety equipment.
An iPhone and an Apple Watch used on board are exposed to water, salt, impact, solar radiation and battery drain; continued use of the Application increases battery consumption and may raise the temperature of the device. The choice of mount, its attachment and the care of the devices are the User's sole responsibility. The developer is not liable for damage to, loss of, or dropping overboard of the devices, nor for the loss of recorded sessions. The Application provides a backup export function, which should be used regularly.
The developer grants the User a personal, non-exclusive, non-transferable and revocable licence to use the Application on the devices associated with their Apple ID, in accordance with App Store usage rules. Copying, resale, rental, sublicensing, decompilation, reverse engineering or modification of the Application, and its use to provide services to third parties, are prohibited except to the extent expressly authorised by applicable law.
The Application may be used in its full version for thirty (30) days, counted from the User's first recorded session. After that period, certain features remain available in the free version and the remainder are enabled by a one-time payment, which is not a subscription. All purchase transactions are processed by Apple; refund requests are handled by Apple under its own policies and not by the developer.
Sessions, tracks and notes are stored on the User's device and belong to the User. Data handling is described in the privacy policy. Keeping backup copies of that information is the User's responsibility.
The developer may modify, add or discontinue features between versions of the Application, in particular as a result of changes introduced by Apple in iOS or watchOS. These terms may be updated; substantive changes are notified within the Application and acceptance of them is a condition of continued use.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND UNINTERRUPTED OPERATION. THE APPLICATION MAY CONTAIN ERRORS AND ITS OPERATION MAY BE AFFECTED BY OPERATING SYSTEM UPDATES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING PROPERTY DAMAGE AND SPORTING, FINANCIAL OR DATA LOSSES, ARISING FROM THE USE OF OR INABILITY TO USE THE APPLICATION. TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE USER FOR THE APPLICATION.
Nothing in the preceding clause excludes liability for wilful misconduct or gross negligence, or liability for personal injury, and it does not affect any non-waivable rights granted to the User by the consumer legislation of their place of residence.
These terms are governed by the laws of the Argentine Republic. Any dispute arising from them shall be submitted to the ordinary courts of the city of Rafaela, Province of Santa Fe, without prejudice to a consumer User's right to bring proceedings before the courts of their place of residence.
Enquiries regarding these terms: nicolassalari@icloud.com