Terms of Service

Effective Date: August 14, 2026 · Last Updated: August 14, 2026

Welcome to eFoilCrew. These Terms of Service ("Terms") govern your access to and use of the eFoilCrew website, progressive web application, and related services (collectively, the "Service") operated by FoilNexus LLC, a Washington State limited liability company ("Company," "we," "us," or "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to create an account and use the Service. By using the Service, you represent and warrant that you meet this age requirement. The Service is not available to, and must not be used by, anyone under 18 years of age. If we learn that an account belongs to someone under 18, we will close it.

2. Account Registration

To access certain features, you must create an account by providing a valid email address and password. You agree to:

• Provide accurate and complete registration information;
• Maintain the security of your password and account;
• Notify us immediately of any unauthorised access to your account;
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or our Acceptable Use Policy.

3. The Service

eFoilCrew provides a platform for eFoil and water-sports enthusiasts to:

• Track and analyse riding sessions (recorded with the eFoilCrew Garmin watch app or uploaded as GPX/TCX/FIT files);
• Discover and share riding spots with conditions reports;
• Connect with other riders through profiles, follows, posts, forums, and direct messages;
• Manage gear setups and browse the equipment catalog;
• View performance statistics, leaderboards, and achievements.

The Service is provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue any part of the Service at any time without prior notice.

4. User Content

4.1 Your Content

You retain ownership of all content you submit, upload, or display through the Service ("User Content"), including session data, photos, posts, comments, forum posts, gear setups, and spot reports.

4.2 License Grant

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and create derivative works from your User Content solely for the purpose of operating, developing, and improving the Service. This license ends when you delete your User Content or account, except where your content has been shared with others who have not deleted it, or where retention is required by law.

4.3 Content Representations

You represent that you own or have the necessary rights to submit your User Content, and that your User Content does not violate any third party's rights, including intellectual property, privacy, or publicity rights.

5. Prohibited Conduct

You agree not to engage in any conduct prohibited by our Acceptable Use Policy, which is incorporated into these Terms by reference. In addition, you agree not to:

• Use the Service for any illegal purpose;
• Attempt to gain unauthorised access to any part of the Service or its systems;
• Interfere with or disrupt the integrity or performance of the Service;
• Scrape, crawl, or use automated means to access the Service without our written consent;
• Impersonate any person or entity;
• Upload malware, viruses, or other harmful code.

6. Third-Party Services

The Service integrates with third-party services including Mapbox and others. Your use of these integrations is subject to the respective third party's terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party service.

7. Intellectual Property

The Service, including its original content, features, functionality, design, and branding (excluding User Content), is and will remain the exclusive property of FoilNexus LLC. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

8. Sponsorship and Advertising

The Service may contain sponsored content, brand partnerships, or advertisements. Sponsored content will be clearly identified. We may also introduce premium features or subscription tiers in the future, which will be governed by additional terms presented at the time of purchase.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the Service, you consent to the practices described in the Privacy Policy.

10. Assumption of Risk, Release, and Safety Disclaimers

10.1 Assumption of Risk

eFoiling is a hazardous activity. It involves riding a powered watercraft with a sharp, rigid hydrofoil and a motor-driven propeller or impeller, at speeds that can exceed 25 miles per hour, on open water. The risks include, without limitation: lacerations and impact injuries from the foil, propeller, impeller, or board; high-speed falls; collision with other riders, swimmers, vessels, docks, rocks, or submerged objects; drowning; cold-water immersion, cold shock, and hypothermia; battery, electrical, and fire hazards from lithium-battery equipment; equipment malfunction or failure; changing weather, waves, currents, and water conditions; and riding in locations where rescue or medical help is distant or delayed. These risks exist whether or not you use the Service, and the Service does not reduce them.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THESE RISKS AND THAT YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ARISING FROM YOUR PARTICIPATION IN EFOILING AND OTHER WATER SPORTS, WHETHER OR NOT LISTED ABOVE, INCLUDING THE RISK OF SERIOUS INJURY OR DEATH. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN SAFETY.

See our full Disclaimer & Assumption of Risk for additional detail.

10.2 Release and Waiver of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE, WAIVE, AND DISCHARGE FOILNEXUS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, AND LIABILITIES OF ANY KIND ARISING OUT OF OR RELATING TO (A) YOUR PARTICIPATION IN EFOILING OR OTHER WATER SPORTS, OR (B) YOUR USE OF, OR RELIANCE ON, THE SERVICE OR ANY DATA DISPLAYED THROUGH IT, IN EACH CASE INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

This release does not apply to liability for gross negligence, willful misconduct, or any other liability that cannot be released or limited under applicable law. Some jurisdictions do not permit advance releases of certain claims; in those jurisdictions this release applies to the greatest extent permitted. If you are under the age of majority, this release may not apply to your own claims to the extent applicable law does not permit them to be released; all other provisions of these Terms still apply to you.

10.3 No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

10.4 Not a Safety or Navigation Device

The Service, including all GPS tracks, speed readings, telemetry (such as motor, battery, and heart-rate data), maps, weather information, spot information, leaderboards, and statistics, is provided for informational and entertainment purposes only. Data comes from consumer-grade sensors and third-party sources and may be inaccurate, incomplete, or delayed. The Service is not a navigation, safety, rescue, or emergency device and must not be used as one. Do not use the Service to navigate, to judge whether conditions, equipment, or battery levels are safe, to determine your position or speed for safety purposes, or to summon or coordinate help. Always rely on proper equipment, official sources, and your own judgment. This applies equally to anyone viewing shared or public session data.

10.5 Your Responsibility for Lawful and Safe Operation

You are solely responsible for operating your eFoil and any other watercraft lawfully and safely. This includes, where applicable: complying with local, state, national, and maritime laws and regulations; vessel registration and operator licensing or education requirements (for example, some jurisdictions treat eFoils as motor-driven vessels); navigation rules and rights-of-way; speed, distance, and restricted-area rules; and requirements for safety equipment such as personal flotation devices and leashes. The Service does not tell you where, when, or how you may legally or safely ride, and nothing in the Service is a statement that riding at any location, speed, or condition is lawful or safe.

10.6 Medical and Fitness Disclaimer

The Service may display heart-rate, calorie, and other fitness metrics recorded by your devices. These metrics are estimates, are provided for general fitness and entertainment purposes only, and are not medical advice, diagnosis, or treatment. The Service is not a medical device. Consult a physician before engaging in eFoiling or other strenuous activity, especially if you have a medical condition, and stop and seek medical help if you experience symptoms such as chest pain, dizziness, or shortness of breath. Never ignore or delay professional medical advice because of anything shown on the Service.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOILNEXUS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY USER CONTENT OBTAINED FROM THE SERVICE; (D) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (E) ANY INACCURACY IN, OR YOUR RELIANCE ON, GPS, SPEED, TELEMETRY, MAP, WEATHER, OR OTHER DATA DISPLAYED THROUGH THE SERVICE; OR (F) ANY INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM YOUR PARTICIPATION IN EFOILING OR OTHER WATER SPORTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS (US$100) OR (B) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

The limitations in this Section 11 do not apply to liability that cannot be limited under applicable law, including liability for gross negligence or willful misconduct where such limitation is prohibited.

12. Indemnification

You agree to indemnify, defend, and hold harmless FoilNexus LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right.

13. Dispute Resolution & Arbitration

13.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in King County, Washington, USA, or remotely at your election.

13.2 Class Action Waiver

YOU AND FOILNEXUS LLC AGREE THAT EACH PARTY 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, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.3 Exceptions

Either party may bring claims in small claims court if eligible. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, USA, without regard to its conflict-of-law provisions. For any disputes not subject to arbitration, the exclusive jurisdiction and venue shall be the state and federal courts located in King County, Washington.

15. Termination

We may suspend or terminate your account and access to the Service at our sole discretion, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Sections 4.2 (License Grant), 10-14 (Disclaimers through Governing Law), and 16-18 (General Provisions) shall survive termination.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, Disclaimer, and DMCA Policy, constitute the entire agreement between you and FoilNexus LLC regarding the Service.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
• Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure. We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control.

18. Contact Us

If you have any questions about these Terms, please contact us at: