Terms of Use

Definitions

1. SurfSignal: SurfSignal, registered with the Chamber of Commerce under number 98743201 and located at Koningin Julianalaan 43 (2252GC) in Voorschoten, being the provider of the Application and the associated Services.
2. Application: The software application offered by SurfSignal, including all current and future functionalities, modules, updates, content, and digital services made available to the User via the Application.
3. User: Any natural person or legal entity that uses the Application, registers for it, and/or in whose name an Account is created.
4. Account: The personal digital environment within the Application that gives the User access to (part of) the functionalities of the Application, regardless of the type of Account.
5. Free account: An Account that gives the User free access to a limited part of the functionalities of the Application.
6. Super account: A paid Account, taken out as a subscription via the Apple App Store or the Google Play Store, that gives the User access to additional or extended functionalities of the Application, under the conditions set by SurfSignal. Where earlier versions of these terms referred to a “Pro account”, this is to be read as a Super account.
7. Partner account: An Account intended for business Users, including but not limited to kite schools and shops, which allows extended functionalities to be made available and under which the Application may be used or distributed under certain conditions.
8. Services: All services offered or provided by SurfSignal via the Application, regardless of their nature, content, or form.
9. Personal Data: All information about an identified or identifiable natural person as referred to in the General Data Protection Regulation (GDPR), insofar as this is processed by SurfSignal in the context of the provision of services.
10. Force majeure: A circumstance beyond SurfSignal's control that prevents the fulfillment of obligations in whole or in part, including malfunctions or failures of internet or telecom connections, power failures, strikes, fire, government measures, floods, or other calamities.
11. Third parties: All natural persons or legal entities that are not SurfSignal or Users.
12. In writing: Correspondence by letter, email, or other electronic communication, provided that the identity of the sender and the integrity of the message can be sufficiently established.
13. Privacy Policy: The policy established by SurfSignal with regard to the processing of User Personal Data, as made available via the Application and/or the SurfSignal website.

Article 1 - General

SurfSignal (hereinafter: SurfSignal ) is registered with the Chamber of Commerce under number 98743201 and is located at Koningin Julianalaan 43 (2252GC) in Voorschoten , hereinafter: SurfSignal . SurfSignal is the provider of the Application that the User can use. By using the Application, the User agrees to these terms of use.

Users of the Application must accept these terms and conditions before they can use the Application. If Users do not agree to these terms and conditions of use, SurfSignal requests that Users refrain from using this Application. SurfSignal recommends that everyone who uses the Application regularly review the terms and conditions in case of changes.

If one or more provisions of these terms and conditions are partially or wholly invalid or are annulled, the remaining provisions of these terms and conditions will remain in force and the invalid/annulled provision(s) will be replaced by a provision with the same meaning as the original provision. Any ambiguities regarding the content, interpretation, or situations not covered by these terms and conditions shall be assessed and interpreted in the spirit of these terms and conditions.

By using the Application, the User agrees that SurfSignal may communicate about the services by means of notifications (including electronic communication).

Article 2 - Use of the Application

1. SurfSignal endeavors to make the Application available to the User. All services are performed on the basis of a best efforts obligation. The User has access to the Application after the User has created an account.
2. The User is at all times responsible for all data and information that he places or has placed on his account and/or the Application. If the User suspects that the information he has provided is incorrect or incomplete, the User will immediately inform SurfSignal and provide the correct information. The User is responsible for keeping their data up to date and can do so by modifying their data in their own account.
3. SurfSignal may impose further restrictions or conditions on access to and use of certain parts or functions of the Application, including but not limited to creating an account, completing a verification process, and/or meeting specific quality or suitability criteria.
4. The User is not permitted to allow third parties to use the Application, rent it out, license it, or make it available to third parties in any other way, unless SurfSignal has given its express written consent.
5. The right to use the Application is strictly personal. Commercial reuse, resale, or making the account or parts thereof available to third parties is not permitted.
6. The information provided via the Application, including but not limited to weather forecasts, predictions, signals, and analyses, is based on (external or internal) data sources and models and is for informational purposes only. SurfSignal does not guarantee the accuracy, completeness, timeliness, or usefulness of this information.
7. The Application can, at the User's request, create events in the User's own calendar for sessions the User has planned. These events reflect the plan at the moment of saving and are not automatically updated afterwards, including when forecasts change. The User remains responsible for checking current forecasts and conditions before acting on a calendar event. The Application only manages events it has created itself. Content that is added to the User's calendar via the Application, and any sharing or forwarding of such events, is the responsibility of the User and is subject to the terms of the User's calendar provider.

Article 3 - Obligations when using the Application

1. The User is at all times responsible for the use of the Application and the manner in which information, functionalities, and Services are applied.
2. The User is responsible for the accuracy, completeness, and timeliness of all data provided or stored via the Account. If the data provided proves to be incorrect or incomplete, the User must immediately notify SurfSignal and correct the data.
3. When using the Application, the User must refrain from:
   • using manual or automated software, equipment, or processes to index, scrape, or otherwise collect data from the Application;
   • performing actions that are contrary to applicable laws and regulations, public order, or morality;
   • copying, modifying, distributing, or otherwise exploiting (parts of) the Application without the prior written consent of SurfSignal;
   • causing damage to SurfSignal, the Application, or Third Parties;
   • impeding the proper functioning or security of the Application.
4. The User is not permitted to post or distribute misleading, incorrect, incomplete, offensive, or unlawful information via the Application, nor to infringe on the rights of Third Parties.
5. The User is responsible for the security of the (mobile) device, the network, and the internet connection used to access the Application, as well as for the secure storage of login and account details.
6. The User may only use the Application for the purpose for which it is intended. Making the Application or the Account available, renting it out, sublicensing it, or commercially exploiting it is not permitted, unless SurfSignal has expressly granted permission for this in writing.
7. SurfSignal is entitled to give the User instructions and regulations regarding the use of the Application. The User is obliged to follow these instructions.
8. In the event of (suspected) criminal offenses or unlawful acts, SurfSignal is entitled to:
   • take appropriate measures, including restricting or terminating access to the Application;
   • reporting the matter to the competent authorities;
   • provide relevant information if there is a legal obligation to do so.
9. Damage resulting from incompetent, incorrect, or unlawful use of the Application is entirely at the expense and risk of the User.
10. In the event of maintenance, updates, or technical modifications, SurfSignal may temporarily restrict the availability of (parts of) the Application. In that case, the User cannot claim compensation.
11. Insofar as the User provides information when taking out a Super account or when registering a Partner account, the User must provide correct and complete information and keep this information up to date.
12. In the case of a Partner account, the User is obliged to provide at least their name, email address, and company name. SurfSignal may request additional information for the purposes of verification, support, or performance of the Services.

Article 4 - Access

1. The Application is available for iOS devices via the Apple App Store and for Android devices via the Google Play Store.
2. All information and figures displayed on the SurfSignal Application are subject to errors or typos.
3. The User shall ensure that all data that SurfSignal indicates is necessary or that the User should reasonably understand is necessary for access to and/or use of the SurfSignal Application is provided to SurfSignal in a timely manner.

SurfSignal is not liable for damage of any kind caused by SurfSignal relying on incorrect and/or incomplete information provided by the User, unless this incorrectness or incompleteness was known to SurfSignal .

Article 5 - Application Availability

1. SurfSignal does not guarantee that the services will always meet the expectations raised in advance. SurfSignal strives to make every effort to offer the SurfSignal Application and access to the SurfSignal Application to the User without interruption, insofar as possible, but SurfSignal does not guarantee the full availability of the SurfSignal Application at all times. SurfSignal is entitled, if and insofar as it deems there to be a risk to the proper functioning of the SurfSignal Application and the use of the SurfSignal Application, to suspend the Application. SurfSignal is also entitled to take all measures it deems reasonably necessary to ensure the effective functioning of the SurfSignal Application.
2. SurfSignal has the right to change, improve, or remove functionalities of the Application. SurfSignal will notify the User of such changes in advance as much as possible.
3. SurfSignal is not liable for damage resulting from technical problems, malfunctions, updates, or maintenance, unless there is intent or gross negligence on the part of SurfSignal.
4. When changing the Account type, including an upgrade or downgrade, access to certain functionalities may be modified, restricted, or terminated. No permanent rights can be derived from previously obtained access or functionalities. When taking out a new subscription, access can be reactivated under the conditions applicable at that time.

Article 6 – Maintenance and support

1. SurfSignal will make every effort to keep the Application available and, if necessary, to perform maintenance and updates to ensure the quality and security of the Application. However, SurfSignal does not guarantee that the Application will function flawlessly at all times.
2. SurfSignal may carry out scheduled maintenance work that may result in temporary limited availability of the Application. SurfSignal will notify the User of this in a timely manner, if reasonably possible.
3. Malfunctions caused by a lack of internet connection, technical problems with the User's devices, or malfunctions caused by third parties are beyond the responsibility of SurfSignal.
4. SurfSignal offers support via the communication channels it makes available. SurfSignal does not guarantee that all requests or problems from the User will be resolved within a certain period of time.

Article 7 - Notice and takedown

1. If and insofar as there is an infringement of the rights of SurfSignal or third parties and/or unlawful acts by the User, SurfSignal is entitled to immediately terminate that part of the SurfSignal Application or to exclude the User from its use. SurfSignal will immediately remove any infringing/harmful information. Under no circumstances shall SurfSignal be liable for any damage of any kind suffered as a result of the (temporary) termination of the service and/or the removal or transfer of data.
2. In urgent or serious cases, SurfSignal is entitled to take measures to immediately terminate (suspected) harmful, unlawful, or infringing activities without prior notification to the User.

Article 8 - Payment

1. The right to use the Application may be subject to a subscription.
2. The right to use the Application is subject to a periodic fee payable by the User for the use of (part of) the Services of SurfSignal.
3. If the User fails to meet its (payment) obligations arising from the agreement or these terms and conditions, SurfSignal is entitled to terminate the agreement and/or suspend or terminate the use of the SurfSignal Application.
4. If SurfSignal changes its rates, SurfSignal will notify the User of this in a timely manner. Continued use of the Application after the changed rates have taken effect constitutes acceptance of those rates.
5. If the User repeatedly fails to meet their payment obligations, SurfSignal reserves the right to permanently delete the Account.
6. Subscriptions and payments within the Application are handled via the Apple App Store and the Google Play Store. SurfSignal is not a party to the payment processing and has no influence on the payment process, refunds, or the terms and conditions applied by these third parties.
7. Requests for refunds, repayments, or payment-related disputes must be addressed by the User to the relevant app store.
8. If a free trial period is offered, it will automatically convert to a paid subscription upon expiration, unless the User terminates the subscription in a timely manner via the relevant app store.
9. Cancellation, modification, or restoration of a subscription must be carried out by the User via the Apple App Store or the Google Play Store. Removing the Application from the device does not automatically terminate a current subscription.
10. SurfSignal is not responsible for costs arising from the failure to cancel a subscription in time via the app store.
11. To the extent applicable by law, the User is entitled to withdrawal in accordance with applicable legislation and the terms and conditions of the Apple App Store or Google Play Store for digital services. By entering into a subscription and making digital content immediately available, the User may, to the extent permitted by law, waive the right of withdrawal.
12. A Super account gives the User access to the functionalities that the Application designates as Super at that time, including a higher limit for the number of active spots, an extended forecast window, additional settings for matching conditions, and planning sessions in the User's own calendar. A Free account remains available free of charge, with a limited part of these functionalities. SurfSignal may change the composition of the Free and Super functionalities in accordance with Articles 5 and 15.
13. If a Super subscription ends, expires or is not renewed, the Account continues as a Free account. Content that exceeds the limits of the Free account, such as spots above the applicable limit, is not deleted but archived, and becomes available again when a new subscription is taken out. Settings that are only available with Super revert to the values that apply to the Free account.
14. SurfSignal may grant temporary free access to Super functionalities, for example to existing Users at the introduction of Super, to Partner accounts, or as part of a promotion or trial period. Such access is temporary, may be limited in time and may end. No permanent rights can be derived from it.

Article 9 - Limitation of liability

1. From the moment the User starts using the Application, the User indemnifies SurfSignal against all damage resulting from its use, except in the event of intent or gross negligence on the part of SurfSignal.
2. SurfSignal is not liable for damage resulting from incomplete, incorrect, or incomplete information provided through the Application, nor for information originating from linked websites, applications, or other external sources.
3. If and insofar as SurfSignal is liable despite the foregoing, this liability is limited to compensation for direct damage up to a maximum of the amount paid by the User to SurfSignal in the three (3) months prior to the event causing the damage, unless there is intent or gross negligence on the part of SurfSignal.
4. Direct damage is exclusively understood to mean: reasonable costs to prevent or limit damage, costs to determine the cause and extent of the damage, and reasonable costs to repair the direct damage.
5. SurfSignal is not liable for errors or irregularities in the functionality of the Application, nor for malfunctions, temporary or permanent unavailability of the Application, or for loss, damage, or mutilation of User data.
6. SurfSignal does not guarantee the correct, complete, or timely transmission or receipt of messages, notifications, or other forms of communication sent via the Application, by email, via push notifications, or via other (electronic) means of communication. The User is responsible for correctly setting up and enabling notifications.
7. SurfSignal is not liable for damage resulting from the User not receiving account information, messages or notifications, or receiving them late or incorrectly, nor if the User does not carefully store their login or account details.
8. All claims by the User due to a shortcoming on the part of SurfSignal will lapse if they are not submitted to SurfSignal in writing, with reasons, within one (1) year after the User became aware or could reasonably have become aware of the damage.
9. SurfSignal is expressly not liable for indirect damage, consequential damage, lost profit, lost savings, loss of data, or damage resulting from business interruption.
10. In the event of force majeure, including but not limited to malfunctions or failures of internet or telecom connections, power failures, government measures, strikes, fire, floods, or other calamities, SurfSignal shall never be liable for compensation for any damage.
11. SurfSignal is not liable for damage resulting from reliance on or use of predictions, advice, or signals provided through the Application.
12. The Application uses services, software, infrastructure, and data sources from Third Parties, including but not limited to external weather, map, and data providers. SurfSignal is not responsible or liable for the availability, accuracy, completeness, or timeliness of information or services provided by third parties. Errors, malfunctions, or limitations in data or functionalities provided by third parties are beyond the control of SurfSignal.
13. The Application is not a safety product and is not intended as a warning, alarm, or decision support system for safety-critical situations. The information provided via the Application, including weather forecasts, predictions, signals, and analyses, is indicative in nature and based on models and data sources that are inherently uncertain. SurfSignal does not guarantee the accuracy, completeness, timeliness, or reliability of weather forecasts. Users remain responsible for their own decisions and actions at all times.

Article 10 - Intellectual property rights

1. The User is expressly prohibited from infringing the intellectual property rights of SurfSignal , as well as the good name of SurfSignal . All intellectual property rights and copyrights of the SurfSignal Application, including the graphic designs, ideas, and suchlike relating to the SurfSignal Application, are vested exclusively in SurfSignal and are expressly not transferred to the User.
2. The User has a non-exclusive right to use the SurfSignal Application for personal and private use.
3. The software of the SurfSignal Application remains the property of SurfSignal at all times. The software only works in combination with the agreement that must be concluded by the User, and in accordance with the purpose for which the Application is intended. The User is prohibited from making illegible, altering, or removing any indication relating to the intellectual property rights of SurfSignal or any legally required (trademark) symbols or indications of the SurfSignal Application.
4. The User is prohibited from reverse engineering, decompiling, copying, translating, modifying, or otherwise editing any part of the Application, unless expressly permitted by law.
5. The User is not permitted to circumvent, remove, or manipulate any security or technical protection measures of the Application.

Article 11 – Privacy & Data Protection

1. SurfSignal processes the User's personal data in accordance with the General Data Protection Regulation (GDPR) and SurfSignal's privacy policy. The privacy policy is available via the Application or SurfSignal's website.
2. SurfSignal will take appropriate technical and organizational measures to secure the User's personal data, taking into account the nature of the data and the risks of processing.
3. SurfSignal will not take note of private data that the User stores or processes via the Application, unless this is necessary for the proper provision of services or SurfSignal is legally obliged to do so.
4. The User has the right to view, change, or have removed personal data processed by SurfSignal, to the extent permitted by law.

Article 12 - Complaints

1. If the User is dissatisfied with the services offered via the SurfSignal Application of SurfSignal , the User is obliged to report these complaints as soon as possible, but no later than 14 days after the event that led to the complaint. Complaints can be reported with the subject line "Complaint."
2. The complaint must be sufficiently substantiated and/or explained by the User in order for SurfSignal to be able to process the complaint and declare it valid.
3. SurfSignal will respond to the complaint as soon as possible, but no later than 14 days after receiving it.
4. Malfunctions and/or problems resulting from incorrect use are at the expense and risk of the User.

Article 13 - Confidentiality

1. SurfSignal and the User will treat information provided to each other through the use of the services as confidential if this information is marked as confidential or if the receiving party knows or should reasonably suspect that the information was intended to be confidential.
2. SurfSignal will not take note of private data that the User stores and/or distributes via the services, unless this is necessary for the proper provision of services or SurfSignal is obliged to do so by virtue of a legal provision or court order. In that case, the Provider will endeavor to limit the knowledge of the data as much as possible, insofar as this is within its power.

Article 14 - Changes

SurfSignal has the right to unilaterally amend these terms and conditions. The User will be notified of this as soon as possible. In any case, the User can view the amended terms and conditions via the SurfSignal Application.

Article 15 - Duration and changes to the Terms of Use

1. The terms of use apply for as long as the User makes use of the services.
2. The Terms of Use may be amended at any time by SurfSignal . SurfSignal will announce the amendments or additions so that the User can take note of them.
3. Use of the services after the date of entry into force constitutes acceptance of the amended or supplemented terms and conditions.
4. SurfSignal may decide to change or reduce the functionality of the Application. If this involves a substantial change, SurfSignal will inform the User of this in a timely manner.
5. If the User does not agree to a change in the terms of use, the User must immediately cease using the Application.

Article 16 - Dispute resolution

1. The legal relationship between SurfSignal and the User is governed by Dutch law.
2. If any provision of these terms and conditions proves to be invalid or unenforceable, the Parties shall remain bound by the remaining provisions. The Parties shall replace the invalid and/or unenforceable provision(s) with a binding provision that is as similar as possible to the provision(s) to be replaced, within the framework of these terms and conditions.
3. All disputes between SurfSignal and the User shall be settled by the competent court in The Hague, unless provisions of mandatory law lead to the jurisdiction of another court.

Voorschoten, August 24, 2026