1. Parties

This agreement is between Sergei Fedorov Računarsko Programiranje pr cpp Beograd, a sole trader registered in Belgrade, Serbia, trading as Wind HQ (“we”, “us”), and the kite school that creates a station on the platform (“the School”). By creating a station you accept it, and you confirm you are authorised to bind the School.

Riders and instructors hold their own accounts under the rider terms. This agreement governs the School’s use of the platform and the School’s responsibilities for the people it teaches.

The privacy policy and the data processing agreement form part of this agreement. Where the DPA and this document conflict on the handling of personal data, the DPA wins.

2. What we license to you

A non-exclusive, non-transferable right to use Wind HQ to run your school for as long as this agreement lasts: the schedule, the equipment matching, the confirmation ladder, the history, and as many staff and instructor accounts as you need.

3. Pilot, and what happens when it ends

The service is in pilot. It is provided free of charge, it changes frequently, and it carries no service-level commitment. We may add, alter or withdraw features, and will give reasonable notice of a change that materially affects how you use it.

No charge arises until you affirmatively accept a paid plan. When we publish commercial terms we will give you written notice and a price; your account does not become payable by lapse of time, by continuing to use it, or by any default. If you do not accept, your account converts to read-only and you keep the export right in clause 13.

4. Your accounts

Keep credentials secure and tell us promptly if you think they have been compromised. You are responsible for what your staff do through your station, including instructors you invite. We may suspend a station being used to break this agreement, and we will say why.

5. Safety is yours

This clause matters more than the rest of the document, so it is written plainly.

Kitesurfing is a hazardous activity in an environment that changes without warning. Wind HQ shows forecasts, proposes schedules and suggests equipment sizes. Every one of those is a suggestion. The decision to run a lesson, to send a rider onto the water, to choose a kite, and to stop — all of it belongs to you and the instructor present, who can see the conditions and the rider and we cannot.

• Forecast and condition data comes from third-party providers. It can be wrong, late, or missing. Do not rely on it as the sole basis for a safety decision.
• Equipment suggestions are arithmetic on weight and wind. They are not an assessment of a rider’s ability, of the sea state, or of the day.

You remain responsible for instructor qualification, ratios, rescue cover, and every legal requirement that applies where you operate.

You warrant that you hold liability insurance appropriate to the activities you run and the jurisdiction you run them in, and that you will maintain it for the life of this agreement. We may ask you to evidence it once a year.

Subject always to clause 12, we accept no liability for injury, loss or damage arising from a decision to teach, ride or allocate equipment. That decision is never ours.

6. Acceptable use

Do not:

• use the service to break the law, or to harass or endanger anyone;
• upload personal data without a lawful basis for putting it there;
• attempt to access another school’s data, probe or disrupt the service, or circumvent its access controls;
• scrape, resell or redistribute the service or its content, or use it to build a competing product.

Reporting a security flaw to us in good faith is welcome and will never be treated as a breach of this clause, provided you stay inside it: use your own station and your own data, do not access or exfiltrate anyone else’s, do not degrade the service for other people, and tell us before you tell anybody else. Write to hello@windhq.app and give us a reasonable chance to fix it.

7. Data, and what you promise about it

You are the controller of the lesson data you record about your students. We process it on your documented instructions, under the data processing agreement, which contains the terms Art. 28(3) of the GDPR requires and their LGPD equivalents.

You warrant that:

• You have a lawful basis for every piece of personal data you put into the platform, and you have told your students what you record.
• You hold parental or guardian consent for every student under 18 whose data you record, and can evidence it if asked. Brazil’s LGPD Art. 14 is strict about this and we have no way to verify it from here.
• You will not record health information — conditions, medication, injuries, anything a doctor would recognise — anywhere in the platform. There is no field that accepts free text about a rider, precisely so that there is nowhere for it to go. Where a student’s health bears on a lesson, that belongs in your own records under your own safeguards.
• Where you connect your own WhatsApp Business account, you take on Meta’s policies for it as your own, including the requirement that recipients have opted in to being messaged. We register the templates; the relationship with the recipient is yours.

8. Aggregated and anonymised data

We may use data derived from your use of the platform to operate and improve it — forecasting accuracy, equipment sizing, and the performance of the service itself — provided it is aggregated and anonymised so that neither your school, nor any individual, nor your commercial information can be identified or re-derived from it.

Being straight about why this clause exists: equipment sizing gets better with more seasons of real allocations behind it, and that improvement is the product. This right does not extend to identifiable data, to sharing your student list, or to telling another school anything about yours.

9. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from:

• personal data you put into the platform without a lawful basis, or in breach of clause 7;
• a safety incident at a lesson you ran;
• your breach of a third party’s terms, including Meta’s.

We will tell you promptly about any such claim, not settle it without asking you, and let you conduct the defence if you want to.

10. Ownership

We own the platform, its software, and its design. You own your own content and the data you put in. You grant us the licence we need to host, process and display that content in order to run the service for you, and nothing beyond it.

11. Availability and force majeure

We aim to keep the service running and will avoid maintenance during a school day where we can, but we do not promise uninterrupted availability. Parts of the service depend on third parties — messaging, voice, identity, weather — and can fail with them. The platform is designed so that a school can keep teaching when it is offline; it is not designed to be the only copy of anything you cannot lose.

Neither of us is liable for a failure caused by something outside our reasonable control — including an act of government, war, civil unrest, natural disaster, an outage at an infrastructure or telecommunications provider, or the withdrawal of a third-party service we depend on. Whoever is affected tells the other promptly and does what it reasonably can to work around it; if it lasts more than 60 days, either of us may terminate without penalty.

12. Liability

Nothing here limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud. Subject to that, and to the extent the law allows:

• the service is provided as it is, without warranties of fitness for a particular purpose;
• neither of us is liable for indirect or consequential loss, lost profit, lost bookings or lost data;
• our total liability to you for all claims in any twelve-month period is limited to the greater of the fees you paid us in that period and EUR 500.

The floor is deliberate. During the pilot you pay us nothing, so a cap of “what you have paid” would be a cap of zero — and a term that excludes everything tends to be struck out in full rather than read down, which would leave us both worse off than a number that means something.

13. Term, termination and export

Either of us may end this agreement on 30 days’ notice. We may end it sooner if you materially breach it and do not fix the breach within 14 days of being asked.

On termination, your data is available for export for 30 days, in a machine-readable format (CSV or JSON) covering your stations, students, lessons, equipment and financial entries. After that window we delete it within 90 days, as the privacy policy says and the DPA requires.

14. Assignment

You may not assign this agreement without our written consent, which we will not unreasonably withhold. We may assign or novate it to a successor entity — including on incorporation of a company to carry on this business, or on a sale of the business — on written notice to you. If we do, your terms do not change, and if you would rather not continue you may terminate under clause 13 without penalty.

15. Changes to this agreement

We will give you 30 days’ written notice of a material change and update the date at the top of this page. If a change is materially to your detriment you may terminate before it takes effect, without penalty.

16. Law and venue

This agreement is governed by the laws of Serbia, and the courts of Belgrade have exclusive jurisdiction over any dispute arising from it.

That clause binds you as a business. It does not touch your students: a rider’s relationship with us is governed by the rider terms, under which consumers keep the protections and the courts of the place they live.

17. Contact

hello@windhq.app