Terms and Conditions - KTime Sailing

Version: 1.0 FINAL 2023

1. General

1.1 KTime Sailing is operated by KTime Racing Ltd (we,us,our). We are a company registered in Hong Kong and have our offices at Unit L M and N 8/F Kings Wing Plaza 1, 3 On Kwan St, Sha Tin, New Territories, Hong Kong.

1.2 This document (together with the documents referred to in it) tells you the Terms of Service (Terms) which apply to use of our KTime Sailing website and mobile application (Platform) and to the creation of an account (Account) to access our free Services (Free Services). These terms apply to all access to our platform and use of our services and, unless stated otherwise, any new features, offers or Services that we offer will be subject to these terms.

2. Description of Services

2.1 Users that register for an Account may access our Platform and use our Free Services. You must only use our Platform and Services in accordance with our Acceptable Use Policy.

2.2 Our Free Services are described on our website pages. Different service components and features and prices apply to different Services.

2.3 Our Free Services may include certain communications from us, such as service announcements, administrative messages and marketing information including information about our Free Services we think may be of interest, including updated features.

2.4 In order to access our Platform and use the Free Services, you must arrange for access via a supported web browser or via a mobile application and provide all equipment necessary to make such connection. You should use your own virus protection software. You agree not to access the Free Services by any means other than through the interfaces that are provided by us for access. We do not guarantee that our Platform and Free Services will be free from bugs or viruses.

2.5 From time to time we will update and change the Platform and Free Services to improve performance, enhance functionality, reflect changes to the operating systems or address security issues. Although we try to ensure our Free Services are available 24/7, there will be periods of unavailability to allow us to maintain the Platform and to deal with security incidents or matters outside of our control. We may suspend or withdraw or restrict the availability of all or any part of our Free Services without notice for any reason at any time for any reason to deal with unexpected situations.

2.6 We will provide our Free Services with reasonable care and skill and comply with all applicable laws, statutes and regulations from time to time in force.

3. Account registration

3.1 You may only register for an Account if you are aged 13 or such higher age required in your country to use the Free Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3.2 You must provide us with the information requested on the account registration pages of our Free Services. The information requested will include personal data: see our Privacy Notice for details of how we use and look after your personal data.

3.3 You agree to provide true, accurate, current and complete information as prompted by the Free Service’s Profile form, which you must maintain and promptly update as applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that this is the case, we have the right to refuse to register, suspend or terminate your Account and refuse any and all current or future use of our Free Services.

3.4 You are responsible for maintaining the confidentiality of your Account, your password and any other access credentials, and are fully responsible for all activities that occur under your Account. You agree to immediately notify us by emailing admin@ktimesailing.com of any unauthorised use of your Account, of breach of your access credentials or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section 3.4.

4. Charges and payment

4.1 There is no charge for creating an Account or for using our Free Services.

4.2 Fair usage is an important principle that ensures that all users of our app can enjoy a high-quality experience. To this end, we have implemented a fair usage policy that limits the usage of our app to 10 hours per week for the Free Service. This ensures that all users have a fair opportunity to access the app’s features and services. We retain the right to limit the Free Service at any time for any user or group of users or all users to ensure that we can continue to provide a high-quality experience to all users. We believe that this policy strikes a fair balance between providing a valuable service to our users and ensuring that our resources are used efficiently and effectively. We encourage all users to use our app responsibly and in compliance with our fair usage policy to ensure that everyone can benefit from our service.

5. Your Data, Third Party Content and our rights to use Your Data

5.1 You own the base information and data(for example, the location data) collected by the Free Services about your performance or which you upload or make available in connection with use of the Free Services (Your Data), whether made public or not.

5.2 Third Party Content is information, data, graphics, photographs and other materials provided by a third party and uploaded to or made available on our Platform.

5.3 You grant us a fully paid-up, worldwide, transferable, non-exclusive, royalty-free licence to use, copy, reproduce, store, distribute, publish, export, adapt, edit and translate Your Data and incorporated Third Party Content for the purposes of:

(a) providing the Free Services to you (including statistics) and exercising our rights under these Service Terms;

(b) aggregating your and other users of our Free Services performance statistics and sharing and publishing aggregated, non-personally identifiable and anonymous performance statistics for the benefit of ourselves and other users of our Platform;

(c) publishing Your Data, either publicly or to identified people solely in accordance with the instructions provided by you in your use of the Free Services;

(d) assessing performance of and optimizing and improving the Free Services. You agree that we may track and analyse your use of the Free Services and interaction with other applications for these purposes as well as for the purposes of application security.

5.4 We welcome your comments, feedback, suggestions, and other communications regarding the Free Services and the information and services we make available through the Free Services (Feedback). If you provide Feedback, you grant us a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback.

5.5 You give us permission to use your profile name and information about your activities and actions on our Platform, including your use of third party products, services, or devices, in advertisements, offers and other commercial contexts on our Platform without compensation to you. For example, based on your profile data, we may target you with certain advertisements about products or services available from businesses that have paid us to display their ads on our Platform.

5.6 We are not responsible for content that you upload, post, transmit or otherwise make available via the Free Services. We do not routinely screen or monitor the content posted to the Free Services, as such, do not guarantee the accuracy, integrity or quality of such content. You agree to indemnify us and our officers, directors and partners from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you upload to our Platform and your use of the Free Services. You are solely responsible for your actions when using the Free Services.

6. Personal data and privacy

6.1 We process the personal data you give us when you sign up for an Account and use our Free Services as a data controller or data user, when applicable. Our Privacy Notice explains the personal data we collect, how we use your personal data, with whom we share your personal data, how we maintain security of your data and your rights in relation to the personal data we hold about you.

6.2 Our Free Services work by using location information provided by your device which means it is necessary for us to track your device location while you use our Free Services. We do not track your device location while you are not using our Platform. You can stop device location tracking at any time by adjusting your device settings, but this will affect our ability to provide the Free Services to you. We will never share your location data on an individual basis unless you ask us to, but we will aggregate it with other user’s location data to share on an aggregated, non-identifiable basis.

6.3 We will only send you marketing information where we have a lawful basis to do so, or obtained your consent, when applicable. You have a right to opt out of marketing communications at any time by contacting us at admin@ktimesailing.com from your Profile email and including the word opt-out in the subject.

7. Viruses, hacking and other offences

7.1 You must not misuse our Platform and Free Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform and Free Services, the server on which they are stored, or any server, computer or database connected to our Free Services. You must not attack our Platform and Free Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Free Services will cease immediately.

7.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform, our Free Services or to your downloading of any material posted on it, or on any website linked to it.

8. Third party sites

8.1 Where our Platform and Free Services contain links to other sites and resources provided by third parties or to enable you to access Third Party Content, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or of the information you may obtain from them.

8.2 We have no control over the contents of those sites or resources and they will have their own terms of use and privacy notices, which you should review. We do not endorse and are not liable for any content, advertising, products, or other materials on or available from such sites or resources.

9. Our property

9.1 As between you and us, we retain all right, title and interest, including without limitation all patent, copyright, trademark, trade secret, database rights and other intellectual property and proprietary rights, in and to (i) the Free Services (including in any algorithms and software (in object code and source code form) and in any manner that Your Data is graphically represented and made available on our Platform), (ii) all aggregated and anonymised performance statistics, and (iii) any and all improvements, modifications, translations and derivative works of any of the foregoing (collectively, KTime Property).

9.2 We grant you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and licence to access and use the Free Services, otherwise you do not acquire any right, title or interest in or to KTime Property. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Free Services or our Platform, in whole or in part. We reserve the right to terminate your access to the Services in the event we believe the Services are being used in breach of the provisions of this section 9.

9.3 Subject to section 9.2, you may print off and screenshot extracts of any page(s) from your Account for your personal use. You do this at your own risk and we accept no liability resulting.

10. Limitations of our responsibilities

10.1 Our Platform and the Free Services are provided on an “as is” and “as available” basis. We will make reasonable efforts to maintain the Free Services, however, we are not responsible for any damage, costs, loss of revenue, or other harm to you or your business arising out of unavailability of the Free Services, mis-delivery or non-delivery of information or communications, restriction or loss of access to the Free Services or unauthorised or misuse of the Free Services by you or another due to your sharing of access to the Free Services.

10.2 The Free Services are provided for the purposes of providing you with your own sail performance statistics and aggregated fleet performance statistics. The Free Services have not been developed to meet your individual requirements and do not offer advice on which you should rely.

10.3 We do not warrant that:

the Free Services will meet your specific requirements;
the Free Services will be uninterrupted or error-free;
any products or services purchased or obtained by you through the Free Services will meet your expectations;
all errors in the Platform and underlying software will be corrected.

11. Our responsibility for loss or damage suffered by you if you are a consumer

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill in the provision of the Free Services. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accept these Terms, both we and you knew it might happen.

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

12. Our responsibility for loss or damage suffered by you if you are a business

12.1 Nothing in these terms shall limit or exclude our liability for (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.

12.2 Subject tosection 12.1:

we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of data, loss of saving or any indirect or consequential loss arising under or in connection with the provision of the Free Services; and
our total liability to you for all losses arising under or in connection with the provision of the Free Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 12 months fees or charges payable by you for the Free Services.

13. General

13.1 Failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.2 We may transfer our rights and obligations under these Terms to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

13.3 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

13.4 All notices given by you to us must be sent to admin@ktimesailing.com. We may give notice to you at the e-mail address you registered your Account with. All notices or other communications permitted or required to be given pursuant to these Terms shall be sent by electronic mail to the applicable email address and shall be deemed given when sent.

13.5 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong SAR.

13.6 If you are a business, the Hong Kong SAR courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms. If you are consumer, you can bring proceedings in the Hong Kong SAR courts or in a court in the country in which you live. In respect of any infringement of our intellectual property rights, we reserve the right to bring proceedings against you in your country of residence or any other relevant country.

14. Changes to the Terms

We reserve the right to update and change the Terms from time to time by posting the revisions on our Website. To continue using our Services after any material changes to our Terms, you will need to accept the revised changes when you next log in.

15. Contact us

If you have any questions, comments or concerns regarding these Terms please contact us at admin@ktimesailing.com.

Acceptable Use Policy

When using our Platform and Free Services, you must comply with the following provisions:

Prohibited uses

You may use our Free Services only for lawful purposes. You may not use our Free Services:

In any way prohibited by law, regulation or government order.
For the purpose of harming or attempting to harm others, in particular minors, in any way.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam).
To knowingly transmit viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To provide, or permit any third party to provide, services similar to our Services.
In excess of the use restrictionswe have set for different levels of our Services.

Content standards

These content standards apply to any and all material which you upload to the Platform or contribute to our Free Services (Contributions).

Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with all applicable laws.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material or violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe the privacy or data protection rights of any person.

Infringe any copyright, database right or trademark of any other person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from someone else, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

KTime Sailing Terms and Conditions