Terms and conditions of use

1. Who these terms are between

These terms are an agreement between:

• us, Aurelia Technology Consulting Limited, a company registered in England and Wales, company number 14957218, registered office Collingwood Buildings, Collingwood Street, Newcastle Upon Tyne, England, NE1 1JF ("Sail", "we", "us"); and
• you, the club or organisation that subscribes to Sail ("the Club", "you").

By starting a trial or subscribing you accept these terms.

Many sailing clubs are unincorporated associations rather than companies, and so are not legal entities in their own right. If that is true of your club, the person accepting these terms confirms that they are authorised by the club's committee to enter into this agreement on the club's behalf. That person accepts these terms for the club and is not personally liable for the club's fees.

Sail is for clubs and organisations. It is not sold to individuals acting as consumers.

2. What Sail is

Sail is software provided over the internet for running a sailing or watersports club: membership records and renewals, a public club website, email to members, and, depending on your plan, events, courses, duties and rotas, racing, bookings and hire, reporting, and AI assistance.

We provide the software. We do not run your club, and we are not responsible for the decisions you make with it: who you admit as a member, what you charge, who you roster onto a safety boat, or whether someone is cleared to work with children. Sail surfaces the information; the judgement remains yours.

3. Your account

• You are responsible for who you give access to, and for what they do with it.
• Sign-in is personal. Accounts must not be shared between people.
• Tell us promptly at support@sailapp.cloud if you think an account has been compromised.
• Your plan sets how many administrators you may have. Essentials includes two, deliberately, so a club is never locked out because one person is unreachable.

4. Free trial

• Every plan starts with a 14-day free trial. No card is required.
• At the end of the trial, if you have not subscribed, your dashboard becomes read-only. Nothing is deleted, and your members keep their access.
• Your public website is not published until you subscribe. During the trial you can build it and preview it, and subscribing is what makes it visible to the public.
• Read-only means you can still sign in, read your records, export everything, and subscribe at any time.
• Section 7 sets out what remains available regardless of your subscription status, and section 12 sets out how long we keep your data.

5. Fees and payment

5.1 Your subscription to us

• Prices depend on your plan and your club's size, and are shown at sailapp.cloud/pricing.
• All prices exclude VAT, which is added at checkout at the prevailing rate.
• You may pay monthly or annually. Annual billing charges ten months for twelve.
• Subscriptions renew automatically until cancelled.
• Upgrades take effect immediately, with the balance of the period charged pro rata. Downgrades take effect at your next renewal, so you keep what you have paid for.
• We may change our prices. If a price change affects your renewal we will tell you at least 30 days before it takes effect, and you may cancel before then if you do not accept it.
• If a payment fails, our payment provider will retry it over the following 14 days. Throughout that period your club keeps full access and we will contact you. If the payment is still unmade when those retries are exhausted, your subscription is cancelled and your admin console becomes read-only, on the same terms as section 4.

5.2 Money your members pay you

This is the part clubs most often get wrong about platforms, so it is set out plainly.

• When a member pays your club through Sail, the money goes to your club's own Stripe account. It does not pass through us and we never hold it. You are the merchant of record.
• Members pay the price you set. Sail adds nothing to it at checkout.
• You must connect a Stripe account, and you are bound by Stripe's own terms as well as these.
• Stripe deducts its card processing charge from your account. Our platform fee is deducted from the same payment. Your receipts are therefore the price you set, less those two amounts. Your rate depends on your plan and is published at sailapp.cloud/pricing, and Sail shows you the fee in pounds beneath every price you set. Platform fee rates are quoted excluding VAT, and the amount deducted includes VAT at the prevailing rate.
• Payments you record as taken offline carry no platform fee.
• If you refund a member, our platform fee is returned to you, in proportion to the amount refunded. Stripe does not return its card processing charge, so that cost stays with your club.
• You must not charge members more for paying by card, or less for paying another way. UK law prohibits surcharging consumer card payments, and as merchant of record that duty is yours. Set your prices to cover your costs instead. Sail will not add such a fee on your behalf.
• We are not a payment institution, a bank, or an e-money issuer. Stripe is the regulated provider. Refunds, chargebacks and disputes are between your club, your member and Stripe. We give you the tools to action them, and we can help, but we cannot decide them.
• Sail does not calculate, record or report VAT on what your members pay you. Prices you set in Sail are single figures with no tax breakdown, and nothing Sail produces is a VAT invoice for your supplies. Accounting for tax on your own income is entirely your responsibility.

6. What you may not do

You must not use Sail to:

• break the law, or infringe anyone's rights;
• send unsolicited marketing, or email people who have opted out. Sail distinguishes operational email from marketing, and you must not label marketing as operational to reach people who have said no;
• upload anything unlawful, defamatory, obscene, or which you do not have the right to publish;
• store personal data you have no lawful basis to hold;
• attempt to reach another club's data, probe our systems, or work around limits in your plan;
• resell or white-label Sail as your own product, except where your plan expressly allows the removal of our footer branding;
• use automated means to extract data at a scale that degrades the service for others.

If you break these terms we may suspend access. Where the breach is serious, particularly anything that puts other people's data at risk, we may suspend immediately and tell you afterwards. Otherwise we will tell you first and give you a chance to put it right.

7. Your data, and your members' data

• Your data is yours. Your members, your content, your website, your records. We claim no ownership of it.
• For your members' personal data, your club is the data controller and we are your processor. We handle it on your instructions, under our Data Processing Agreement, which forms part of this agreement.
• You are responsible for having your own privacy notice for your members, and for the lawful basis on which you collect what you collect, including health information and safeguarding records. We provide the tools; the duty is yours.
• You can export your data at any time, including while your dashboard is read-only.
• Our Privacy policy explains what we do with data where we are the controller.

Safety and safeguarding are never withheld for non-payment. Whatever the state of your subscription, including where a trial has ended or a subscription has lapsed:

• safeguarding, DBS and medical records remain readable and exportable; and
• you can always add to them. A DBS check, a training record, a health declaration or a consent can be recorded whatever the state of your subscription.

That is a deliberate commitment. A club must never be unable to write down that a check was done, or that a child's guardian consented, because a card expired.

Incident and accident reporting is not yet part of Sail. When it arrives it will carry the same commitment. We are saying so plainly rather than leaving you to assume it is there.

8. Availability and support

We work hard to keep Sail available and we monitor it continuously. But:

• We do not offer a contractual uptime guarantee. We are saying so plainly rather than leaving it unsaid.
• We may take the service down for maintenance. Where it is planned, we will give reasonable notice.
• We may change or remove features. Where a change materially reduces what you are paying for, we will tell you in advance and you may cancel.
• Support is by email at support@sailapp.cloud or through "Get help" inside Sail. We aim to respond within one business day. Clubs get free hands-on support for their first six months.
• Neither of us is responsible for failures caused by events outside our reasonable control, including failures of infrastructure or communications networks, cyber attack, industrial action, or the acts of government. Where such an event affects us we will tell you, and if it continues for more than 30 days either of us may end this agreement.

9. Our intellectual property

Sail, the software, its design, and the Sail name and logo, belongs to us. Subscribing gives you a non-exclusive, non-transferable right to use it while you pay for it. It gives you no rights in the software itself.

Feedback and suggestions you send us may be used freely to improve Sail, without obligation or payment. This does not give us any rights over your data.

10. AI features

Some plans include AI features, provided using third-party AI models (see the Privacy policy).

• AI output is a suggestion, not a decision. Rota proposals, drafted text, imported data and insights must be reviewed by a person before you rely on them.
• We do not permit your data to be used to train the underlying models.
• Do not use AI features to make decisions about individuals that carry legal or similarly significant effects.
• AI output can be wrong. You remain responsible for what you publish, send, or act on.

11. Liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that:

• We provide Sail with reasonable skill and care, but not on the basis that it will be uninterrupted or error-free.
• We are not liable for: loss of profit, revenue, business, goodwill or anticipated savings; loss or corruption of data to the extent you could reasonably have exported or backed it up; or any indirect or consequential loss.
• Our total liability in any twelve-month period is capped at the fees you paid us in the twelve months before the claim.

12. Ending the agreement

• You may cancel at any time. There is no lock-in and no notice period. Your subscription runs to the end of the period you have paid for. We do not refund part-periods unless the law requires it.
• We may end the agreement if you materially breach these terms and do not put it right within 30 days of being asked, or immediately where the breach cannot be put right.
• On ending, your access to the console stops. You have 90 days to export your data, after which it is deleted or returned on your instruction. Your members' data and your public website end on the same basis.
• Financial records are kept for six years, as UK tax and company law requires. Safeguarding, DBS and incident records are kept according to your club's own retention policy, not ours, and we will not delete them on our own initiative. Our Privacy policy sets this out in full.

13. Changes to these terms

We may change these terms. If a change materially affects you, we will give at least 30 days notice by email, and you may cancel before it takes effect if you do not accept it.

14. General

• Governing law: these terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
• Whole agreement: these terms, the Privacy policy, the Cookies policy and the Data Processing Agreement are the whole agreement between us.
• No waiver: if we do not enforce a term, that does not mean we give up the right to.
• Severability: if any part is found unenforceable, the rest continues.
• Third parties: nobody other than you and us has rights under this agreement. The Contracts (Rights of Third Parties) Act 1999 is excluded.
• Assignment: you may not transfer this agreement without our consent. We may transfer it as part of a sale or reorganisation of our business.

15. Contact

support@sailapp.cloud for anything about the service. privacy@sailapp.cloud for anything about data.

Aurelia Technology Consulting Limited, Collingwood Buildings, Collingwood Street, Newcastle Upon Tyne, England, NE1 1JF. Company number 14957218.