Terms of Service

Application: Trks Document version: 1.0 Effective date: 13 July 2026

1. Publisher and Purpose

These Terms of Service (hereinafter "Terms") govern access to and use of the Trks mobile application and its associated web dashboard (together, the "Service"), published by:

Apptitude SA
EPFL Innovation Park, Building D, 2ⁿᵈ floor
1015 Lausanne, Switzerland
Contact: dev@apptitude.ch

The Service enables sailors to record their GPS track during a race, review it after the race, and — where a regatta is associated with the recording — make it available to the organiser of that regatta.

2. Acceptance of the Terms

Use of the Service is conditional on prior and unreserved acceptance of these Terms and of the Privacy Policy. Acceptance is captured through the checkbox displayed at account creation. A timestamped record of your acceptance is kept to demonstrate our compliance (GDPR article 7).

Any person who does not accept these Terms must refrain from using the Service.

3. User Account

3.1 Creation

Creating an account requires a valid email address or the use of a third-party identity provider (Google, Apple). You agree to provide accurate information and to keep it up to date.

3.2 Eligibility

The Service is intended for users aged 16 years or older. Users under the age of 16 may only use the Service with the prior and verifiable consent of their legal guardians.

3.3 Security

You are responsible for the confidentiality of your credentials and for any activity carried out through your account. Any unauthorised use must be reported without delay to dev@apptitude.ch.

3.4 Termination

You may delete your account at any time from the "Account" page of the application. Deletion results in the permanent erasure of all associated personal data (recordings, GPS points, profile), subject to statutory retention obligations. Apptitude SA reserves the right to suspend or terminate an account in the event of a material breach of these Terms.

4. Ownership of Data and Licence

You retain full ownership of the race data you record. By using the Service, you grant Apptitude SA a limited, non-exclusive, royalty-free and worldwide licence, strictly necessary to operate the Service, that is:

to store the race data on the infrastructure of Apptitude SA and its subprocessors;
to display it to you within the Service;
to make it available, where applicable, to the organiser of the regatta with which the recording is associated;
to carry out anonymised or aggregated statistical analyses for the purpose of improving the Service.

5. Acceptable Use

You agree not to:

use the Service for any unlawful, fraudulent purpose or in a manner contrary to public order;
attempt to access the data of other users, unless such data is explicitly made accessible by the Service (for example, a public regatta);
reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service;
engage in automated scraping, mass request generation or any activity that overloads the infrastructure;
transmit to the Service data belonging to third parties without their authorisation.

6. Regattas and Organisers

Where a recording is associated with a regatta (via sail number, class and date), the GPS track and associated metadata (boat name, team, sail number) are made available to the regatta organiser through their dashboard. This disclosure is inherent to the purpose of the Service and constitutes a purpose known to the user.

Your account email is never shared with organisers.

7. Availability of the Service

Apptitude SA uses reasonable efforts to ensure continuous access to the Service, but does not guarantee any contractual service level (SLA). Interruptions may occur due to maintenance, upgrades, incidents or force majeure. You acknowledge that background recording functionality depends on your device's operating system, granted permissions and GPS/network coverage.

8. Limitation of Liability

The Service is provided as is, without warranty of fitness for a particular purpose. To the fullest extent permitted by applicable law:

Apptitude SA shall not be liable for loss of recordings caused by a device malfunction, loss of GPS coverage, revocation of system permissions or network interruption;
Apptitude SA is not responsible for the use that a regatta organiser or any other third party authorised by you may make of your race data;
Apptitude SA's total liability under the Service shall not exceed the amounts actually paid by you during the twelve months preceding the event giving rise to the claim. For users of the Service on a free basis, this liability is expressly limited to one hundred (100) Swiss francs.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited (in particular for wilful misconduct or gross negligence, or under mandatory consumer rights).

9. Intellectual Property

The Service, its software components, its design, its trademarks, its logos and its content (excluding user data) are the exclusive property of Apptitude SA or its licensors. No intellectual property right in the Service is transferred to you by these Terms.

10. Personal Data

The processing of personal data is described in the Privacy Policy, which forms an integral part of these Terms.

11. Modifications to the Terms

Apptitude SA may update these Terms. Any material change will be notified to users through the Service or by email at least 30 days before it takes effect, and may require a new acceptance. Continued use of the Service after that period constitutes acceptance of the new version.

12. Governing Law and Jurisdiction

These Terms are governed by Swiss law, excluding conflict-of-laws rules. Any dispute arising out of or in connection with the validity, interpretation or performance of these Terms shall be submitted to the exclusive jurisdiction of the courts of Lausanne, subject to the mandatory consumer protection provisions guaranteeing consumers the right to bring proceedings before the courts of their habitual residence within the EEA or in the United Kingdom.

13. Contact

For any question about these Terms:

Email: dev@apptitude.ch
Mail: Apptitude SA — EPFL Innovation Park, Building D, 2ⁿᵈ floor, 1015 Lausanne, Switzerland