SailsSearch Terms of Use

Effective Date: April 6, 2025

1. Introduction

Welcome to SailsSearch. These Terms of Use ("Terms") constitute a legally binding agreement between you and Ivan Lebedynskyi ("we," "us," "our"), the owner and operator of SailsSearch, governing your access to and use of the SailsSearch website, mobile applications, and services (collectively, the "Platform").

Our mission is to make sailing simple, enjoyable, and available to everyone by providing a platform for yacht booking, crew matching, regatta participation, and sailing training. By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform.

Please read these Terms carefully, as they contain important information about your rights and obligations. These Terms include a mandatory arbitration provision and class action waiver that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

2. Definitions

In these Terms, the following definitions apply:

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years of age to access or use our Platform. By using the Platform, you represent and warrant that you are at least 18 years old. We do not knowingly collect personal information from individuals under 18, and if we become aware that we have inadvertently collected such information, we will delete it.

3.2 Account Creation

To access certain features of the Platform, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Types

The Platform offers different account types based on user role:

Each account type may have different features, privileges, and pricing models as described on the Platform.

3.4 Verification

We reserve the right to verify the identity and credentials of any user, particularly Event Organizers who offer sailing services. This may include requesting proof of sailing certifications, licenses, vessel documentation, insurance, or other relevant qualifications. You agree to provide such information promptly upon request.

3.5 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason. You may terminate your account at any time by following the instructions on the Platform or by contacting us.

4. Platform Services

4.1 Service Description

SailsSearch provides an online platform that enables:

We act primarily as an intermediary connecting Event Organizers with Event Seekers and do not own, sell, resell, furnish, provide, or manage any of the sailing services offered through the Platform.

4.2 No Guarantees

While we strive to maintain a high-quality, secure platform, we cannot and do not guarantee:

Users access and use the Platform and participate in sailing activities at their own risk.

5. User Conduct and Content

5.1 User Conduct

You agree not to use the Platform to:

5.2 User Content Rules

You may be permitted to post, upload, or share User Content on the Platform. You retain ownership of your User Content, but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for the purpose of operating and promoting the Platform.

You agree that your User Content will not:

5.3 Content Moderation

We reserve the right, but are not obligated, to monitor, review, filter, disable, remove, or refuse any User Content at our sole discretion. We assume no responsibility for monitoring the Platform for inappropriate content or conduct. If we determine, in our sole discretion, that you have violated these Terms, we may take actions including removing your User Content, suspending or terminating your account, or reporting you to law enforcement authorities.

6. Bookings and Financial Terms

6.1 Booking Process

Event Seekers may book sailing services offered by Event Organizers through the Platform. By booking a service, you agree to pay all applicable fees for that service. Bookings are subject to the availability and acceptance of the Event Organizer. We reserve the right to refuse any booking request.

6.2 Fees and Payments

6.2.1 For Event Seekers

The use of the Platform to search and book activities is free for Event Seekers. However, you will be required to pay for the sailing services or activities you book. Payments are processed through our third-party payment provider (Stripe). By making a payment, you authorize us to charge the designated payment method for all applicable fees.

6.2.2 For Event Organizers

Event Organizers will be charged a commission fee of 10% for each booking completed through the Platform. Additionally, Event Organizers may subscribe to premium features for a monthly fee of €30, which includes priority placement, marketing support, and additional features as described on the Platform.

6.3 Cancellations and Refunds

Cancellation and refund policies may vary depending on the specific listing and are determined by the Event Organizer. These policies will be clearly displayed on the listing page before booking. SailsSearch is not responsible for processing refunds but may facilitate communication between Event Seekers and Event Organizers in the event of a dispute.

6.4 Taxes

Users are responsible for determining their obligations to collect, report, and remit applicable taxes to the appropriate tax authorities. SailsSearch is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, or remitting any taxes arising from any transaction.

6.5 Subscriptions

6.5.1 Auto-Renewal

Premium subscriptions for Event Organizers will automatically renew at the end of each billing period unless cancelled before the renewal date. You can cancel your subscription at any time through your account settings or by contacting us.

6.5.2 Free Trials

We may offer free trial periods for premium features. If you do not cancel before the end of the trial period, you will be charged the applicable subscription fee for the next billing period.

6.5.3 Price Changes

We reserve the right to change our subscription fees at any time. If we change our fees, we will provide notice of the change on the Platform or by email at least 30 days before the change takes effect.

6.6 Payment Processing

Payment processing services are provided by Stripe and are subject to Stripe's terms of service and privacy policy. We are not responsible for errors made by payment processors.

7. Rating and Review System

7.1 Two-Way Rating System

The Platform includes a two-way rating and review system allowing Event Seekers and Event Organizers to rate and review each other. This system is designed to foster trust and safety within the community.

7.2 Honest Reviews

You agree to provide honest, accurate reviews based on your first-hand experience. Reviews should be factual and constructive. You may not:

7.3 Right to Remove Reviews

We reserve the right to remove any review that violates these Terms or that we determine, in our sole discretion, is not appropriate for the Platform. However, we are not obligated to monitor or remove reviews, even if they are inaccurate or misleading.

8. Safety Guidelines

8.1 General Safety

Safety is a priority on our Platform. We encourage all users to:

8.2 User Responsibility

You acknowledge that water sports and sailing activities carry inherent risks, and you participate in these activities at your own risk. It is your responsibility to:

8.3 Reporting Safety Concerns

If you observe unsafe conditions, inappropriate behavior, or other safety concerns on the Platform, please report them immediately to us. We take such reports seriously but cannot guarantee immediate action or resolution.

9. Intellectual Property Rights

9.1 Platform Ownership

The Platform, including all its content, features, and functionality (including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software), is owned by SailsSearch, its licensors, or other providers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2 Limited License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your personal, non-commercial use or, if you are an Event Organizer, for the purpose of offering and managing your services through the Platform.

9.3 Restrictions

You may not:

9.4 Trademarks

The SailsSearch name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SailsSearch or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

9.5 User Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Platform ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, disclose, reproduce, license, distribute, and exploit such Feedback in any manner without any obligation or compensation to you.

10. Privacy and Data Protection

10.1 Privacy Policy

Our Privacy Policy, available at https://sailssearch.com/privacy-policy, explains how we collect, use, and share your personal information. By using the Platform, you agree to our collection, use, and sharing of your information as described in the Privacy Policy.

10.2 Cookie Policy

Our Cookie Policy, available at https://sailssearch.com/cookie-policy, explains how we use cookies and similar technologies. By using the Platform, you consent to our use of cookies in accordance with the Cookie Policy.

10.3 Communication Consent

By providing your email address during registration, you consent to receive service-related communications from us. You may opt out of receiving marketing communications, but you cannot opt out of receiving transactional or administrative communications related to your account.

11. Disclaimers and Limitations of Liability

11.1 Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SAILSSEARCH NOR ANY PERSON ASSOCIATED WITH SAILSSEARCH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, NEITHER SAILSSEARCH NOR ANYONE ASSOCIATED WITH SAILSSEARCH REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SAILSSEARCH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11.2 Intermediary Status

SailsSearch functions solely as an intermediary platform facilitating connections between Event Organizers and Event Seekers. We do not own, operate, or control any of the sailing services offered through the Platform. We are not agents, insurers, or guarantors of any User. We do not verify the quality, safety, or legality of any listing or service, nor the truth or accuracy of any User Content, listings, reviews, or other information shared on the Platform.

11.3 Inherent Risks of Water Activities

You expressly acknowledge and accept that sailing, boating, and water sports involve significant inherent risks, including but not limited to:

By using the Platform and participating in activities booked through it, you:

  1. Confirm you possess sufficient skills, knowledge, and physical ability to safely participate in sailing activities
  2. Accept full responsibility for assessing your own physical fitness and capability to participate
  3. Acknowledge that SailsSearch has no obligation to assess your fitness, skills, or capabilities
  4. Understand that SailsSearch is not responsible for and cannot control water, weather, or environmental conditions
  5. Accept that SailsSearch has no obligation to arrange rescue operations, emergency evacuations, or medical assistance
  6. Voluntarily and knowingly assume ALL risks associated with using the services arranged through the Platform, including risks not specifically listed here

SailsSearch is not responsible for any injuries, damages, losses, or death you may sustain while participating in activities booked through the Platform. Your participation is entirely at your own risk.

11.3.1 Medical Condition and Travel Insurance

You acknowledge and agree that:

  1. It is your sole responsibility to ensure you have no medical conditions that would make participation in sailing activities dangerous
  2. You are encouraged to consult with a medical professional before participating in sailing activities if you have any concerns about your health
  3. You are responsible for bringing and administering any required medications or medical supplies
  4. You are strongly advised to obtain adequate travel insurance that covers sailing and water sports activities, medical emergencies, evacuation, and repatriation
  5. SailsSearch is not responsible for any medical costs, evacuation expenses, or other costs arising from health emergencies during your sailing activities

11.4 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SAILSSEARCH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL THE TOTAL LIABILITY OF SAILSSEARCH TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO SAILSSEARCH IN THE PAST SIX (6) MONTHS, OR €100 (ONE HUNDRED EUROS), WHICHEVER IS GREATER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11.5 User Conflicts

SailsSearch is not responsible for resolving any disputes between Users. While we may offer tools or assistance to help Users resolve conflicts, we have no obligation to become involved in disputes between Users, or between Users and any third party. You release SailsSearch from claims, demands, and damages arising out of or in any way connected with such disputes.

12. Indemnification

You agree to defend, indemnify, and hold harmless SailsSearch, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

13. Dispute Resolution

13.1 Governing Law

13.1.1 European Users

If you are a user residing in the European Union or using the Platform within the European Union, these Terms and any disputes arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with:

Additionally, if you are a consumer residing in the EU, you may benefit from any mandatory provisions of the law of the country in which you reside. Nothing in these Terms, including the choice of law provision, affects your rights as a consumer to rely on such mandatory provisions of local law.

13.1.2 Non-European Users

If you are a user residing outside the European Union, these Terms and any disputes arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of Ukraine, without giving effect to any choice or conflict of law provision or rule.

13.2 Informal Dispute Resolution

If you have a dispute with SailsSearch, you agree to first contact us and attempt to resolve the dispute informally.

13.3 Binding Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms, the Platform, or the Services shall be resolved by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

13.3.1 Arbitration for European Users

For users residing in the European Union, the seat of arbitration shall be Madrid, Spain, and the language of the arbitration shall be English. Alternatively, you may choose to have the dispute resolved in the courts of your country of residence if you are using the Platform as a consumer.

13.3.2 Arbitration for Non-European Users

For users residing outside the European Union, the seat of arbitration shall be Kyiv, Ukraine, and the language of the arbitration shall be English.

13.4 Class Action Waiver

YOU AND SAILSSEARCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.5 Exceptions

Notwithstanding the foregoing, you may bring an individual action in small claims court, and nothing in these Terms prevents you from filing a complaint with a government regulatory agency that may seek relief on behalf of a group of individuals.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or terms published by SailsSearch on the Platform, constitute the entire agreement between you and SailsSearch concerning the Platform and supersede all prior agreements, understandings, and communications, whether written or oral.

14.2 Severability

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

14.3 No Waiver

No waiver by SailsSearch of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SailsSearch to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without SailsSearch's prior written consent. SailsSearch may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from any cause beyond our reasonable control, including but not limited to natural disasters, power outages, labor disputes, governmental actions, warfare, pandemics, or other emergencies.

14.6 Geographic Restrictions

The Platform is offered from Ukraine. We make no representations that the Platform or any content is appropriate or available for use in other locations. Access to the Platform from territories where its content is illegal is prohibited.

14.7 Changes to Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes.

14.8 Electronic Communications

By using the Platform, you consent to receiving electronic communications from us. These communications may include notices about your account, confirmations, reminders, or other information related to the Platform. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements.

14.9 Contact Information

For questions about these Terms, please contact us at:

Email: legal@sailssearch.com Postal Address: 48 Chyhyrynska Street, apt. 16, Cherkasy, 18000, Ukraine

15. App Store Specific Terms

15.1 Apple App Store Additional Terms

If you download the SailsSearch app from the Apple App Store, the following additional terms apply:

15.2 Google Play Store Additional Terms

If you download the SailsSearch app from the Google Play Store, the following additional terms apply:

16. Acknowledgment

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE PLATFORM.

This document was last updated on April 6, 2025.