Terms of service

These terms apply to every sailing club and individual that uses SailHQ. By accessing the Service or signing up for a Subscription, the Customer agrees to these terms.

1. Definitions

• SailHQ, we, us, our: HQ Software Ltd, a company registered in England and Wales under company number 17341989, whose registered office is at 128 City Road, London, EC1V 2NX, United Kingdom, trading as SailHQ and supplying the SailHQ sailing club management software. Contactable at support@sailhq.app.
• Customer: the sailing club, organisation, or individual that subscribes to the Service.
• Service: the SailHQ web application at app.sailhq.app, the marketing site at www.sailhq.app, and any related onboarding or support provided.
• Subscription: the Customer's right to use the Service for the agreed period and at the agreed price.
• Customer Data: any data, content, or information uploaded to the Service by the Customer or its members - member records, duty assignments, results, communications, and similar.
• User: any individual the Customer authorises to access the Service - committee members, race officers, ordinary members, and so on.

2. Service description

SailHQ provides web-based sailing club management software. Functionality includes member management, race duty rostering, boat bookings, event coordination, results, communications, and reporting. The full feature set at any given time is described on the features page. We may add or change features over time. We will not remove core functionality the Customer relies on without reasonable notice.

3. Account and access

Each Subscription covers one sailing club. The Customer designates one or more committee admins to manage the SailHQ account. Admins are responsible for inviting Users, assigning roles, and keeping the member list up to date.

The Customer is responsible for the actions of its Users while logged into the Service, for keeping login credentials secure, and for promptly removing access for Users who leave the club. SailHQ provides role-based permissions to help with this; the Customer chooses how to apply them.

4. Acceptable use

The Customer agrees not to:

• resell, sublicense, or rent access to the Service to another organisation;
• scrape, mass-download, or otherwise extract data from the Service except via the export tools we provide;
• reverse engineer, decompile, or attempt to derive the source code of the Service;
• conduct security testing, penetration testing, or vulnerability scanning of the Service without our prior written consent;
• upload content that is unlawful, infringes someone else's rights, or contains malware;
• use the Service to send unsolicited commercial communications;
• impersonate another person or organisation when using the Service.

We may suspend access where we reasonably believe these rules are being broken, while we investigate.

5. Subscription, fees, and billing

Subscription fees are set out in the order or quote agreed at sign-up, and the indicative pricing structure is shown on the pricing page. Fees are exclusive of VAT, where applicable. Invoices are issued in advance for the agreed billing cycle (monthly or annually).

Free trial / six months free

Early access clubs are offered six months free with full access to every feature. During the free period:

• no card details are required to start;
• the Customer can cancel at any time by emailing support@sailhq.app with no further obligation;
• at the end of the free period the Customer is invited to start a paid Subscription. We will confirm the price in writing before any invoice is raised. Nothing converts automatically.

Late payment

If an invoice is more than 30 days overdue, we may suspend access until payment is received. We will give reasonable notice before doing so. Statutory interest applies to late payments under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable.

6. Renewals and termination

Subscriptions renew at the end of each billing cycle on the same terms unless either party gives written notice of cancellation before the renewal date. Either party can cancel at any time by giving notice; the Customer can cancel by emailing support@sailhq.app.

On termination:

• the Customer's access to the Service ends at the end of the current billing cycle, unless agreed otherwise;
• the Customer has a 60-day window after termination to export Customer Data using the platform's export tools, or to ask us to provide a full export in CSV format;
• after the export window, Customer Data is securely deleted in line with the retention rules in the privacy policy and GDPR page;
• fees already paid are not refunded for the unused portion of a paid period unless we have terminated for our own convenience.

7. Data ownership

The Customer owns all Customer Data. SailHQ does not claim ownership over member records, duty rosters, results, or any other content uploaded to the Service. SailHQ acts as a data processor for Customer Data; the Customer is the data controller. The roles, lawful bases, and member rights are described in detail on the GDPR page and the privacy policy.

SailHQ is granted a limited, non-exclusive licence to process Customer Data only as necessary to provide the Service, and to produce anonymised, aggregated statistics for service improvement.

8. Service availability

We aim to keep SailHQ available at all times and target high uptime. We do not guarantee a specific uptime percentage and there is no contractual SLA beyond the reasonable efforts described here.

Scheduled maintenance is carried out outside peak times where possible, and we will give advance notice of any maintenance expected to cause noticeable downtime. Unscheduled outages can happen - hardware faults, third-party provider issues, software bugs - and we will work promptly to restore service.

9. Liability limitations

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded by law.

Subject to that:

• SailHQ's total aggregate liability under or in connection with these terms is limited to the total fees paid by the Customer in the 12 months before the event giving rise to the claim;
• SailHQ is not liable for indirect or consequential losses, loss of profit, loss of goodwill, loss of business, or loss of anticipated savings;
• SailHQ is not liable for any loss caused by inaccurate Customer Data uploaded by the Customer or its Users.

10. Intellectual property

SailHQ owns all intellectual property in the Service, including the platform code, design, branding, and documentation. The Customer is granted a non-exclusive, non-transferable licence to use the Service during the Subscription term.

The Customer owns its own brand, logos, and Customer Data, and grants SailHQ only the limited licence needed to provide the Service (described in section 7).

11. Confidentiality

Each party agrees to keep the other's confidential information confidential, to use it only for the purposes of these terms, and to apply at least the same level of care it applies to its own confidential information. Confidential information does not include information that is public, was already known to the receiving party, or is required to be disclosed by law.

12. Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including but not limited to internet outages, third-party hosting failures, natural disasters, industrial action, and government actions. The affected party will notify the other as soon as reasonably possible and use reasonable efforts to resume performance.

13. Changes to terms

We may update these terms from time to time. Where the change is material, we will notify Customers by email or in-app message at least 30 days before the change takes effect. The Customer can choose to terminate the Subscription if it does not accept a material change, and we will provide a pro-rata refund of any fees paid for the period after termination.

14. Governing law

These terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising under or in connection with these terms.

15. Contact

Questions about these terms, or anything else in this agreement:

• Email: support@sailhq.app
• Postal address: available on request