Beta · iOS
This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and axiotrax LLC, a Minnesota limited liability company ("Developer," "we," or "us"), governing your use of the axiotrax mobile application and any related services (collectively, the "App").
By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the App.
Apple Inc. is not a party to this Agreement. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
Subject to your compliance with this Agreement, Developer grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on any Apple-branded device that you own or control, solely for your personal, non-commercial purposes, as permitted by the Apple App Store Terms of Service.
You may not:
The App, including all content, features, functionality, software, text, graphics, logos, and data, is owned by the Developer and is protected by United States and international intellectual property laws. This Agreement does not transfer any ownership rights to you. All rights not expressly granted herein are reserved by the Developer.
If you believe any content in the App infringes your intellectual property rights, contact us at info@axiotrax.com. Claims regarding intellectual property infringement are the responsibility of the Developer, not Apple.
THE APP IS NOT A NAVIGATION TOOL AND MUST NOT BE USED FOR NAVIGATION, COLLISION AVOIDANCE, OR ANY SAFETY-CRITICAL PURPOSE.
Sailing and racing on open water involves inherent risk of injury, death, and property damage. The App provides GPS-based performance analysis for recreational and competitive sailing improvement purposes only. GPS data may be inaccurate, delayed, or unavailable. Wind estimates are derived from third-party weather models and may not reflect actual on-water conditions.
You are solely responsible for your own safety and the safety of your vessel and crew. Always comply with applicable maritime rules, regulations, and the Racing Rules of Sailing. The Developer is not responsible for any accident, injury, death, property damage, or other harm arising from your use of the App or reliance on any data or advice provided by the App.
The App includes an AI-powered coaching feature ("SmartCoach") powered by third-party artificial intelligence services. SmartCoach provides automated performance analysis and suggestions based on GPS data and user-provided information.
SmartCoach is not a substitute for qualified professional sailing instruction, coaching, or seamanship training. AI-generated coaching advice:
Use of SmartCoach is at your sole risk. The Developer is not liable for any outcome resulting from following AI-generated coaching advice. AI coaching functionality requires a valid Anthropic API key, which you obtain and manage independently. Your use of Anthropic's services is subject to Anthropic's own terms of service and privacy policy.
The App collects and stores the following data locally on your device and, where you enable iCloud, in your private iCloud account: GPS track data from sailing sessions; sailor profile information (name, experience level, crew details); race notes and annotations; AI coaching conversation history; and boat configuration and settings.
The App accesses your device's GPS and location services to record sailing sessions. Location data is stored locally on your device and in your private iCloud account. Location data is not transmitted to the Developer's servers.
The App may access Apple HealthKit data, including workout sessions recorded by Apple Watch, to import sailing activity data. Health data is used solely to import session data and is not shared with third parties.
When you use SmartCoach, session data and conversation content are transmitted to Anthropic's API for processing. This transmission is governed by your agreement with Anthropic. The Developer does not retain copies of data sent to Anthropic's API beyond your device.
When you share a session with crew members using the crew sharing feature, session data is stored in Apple's CloudKit infrastructure and made accessible to the specific iCloud accounts you designate. Shared sessions are read-only for recipients. You are responsible for ensuring you have appropriate consent before sharing data that includes information about other individuals.
The Developer does not sell, rent, or trade your personal data to third parties.
When you enter information about crew members, including names, positions, and contact details, you represent that you have obtained any necessary consent from those individuals to store and share their information within the App. You are solely responsible for the accuracy and lawfulness of any information you enter about third parties.
The App integrates with the following third-party services, each governed by their own terms and privacy policies:
The Developer is not responsible for the availability, accuracy, or conduct of any third-party service.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE DEVELOPER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
In the event of any App failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, ANY GPS DATA, PERFORMANCE ANALYSIS, OR AI COACHING ADVICE PROVIDED BY THE APP, ANY ACCIDENT, INJURY, OR PROPERTY DAMAGE OCCURRING DURING SAILING OR RACING, UNAUTHORIZED ACCESS TO YOUR DATA, OR ANY THIRD-PARTY CONDUCT OR CONTENT.
IN NO EVENT SHALL THE DEVELOPER'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you in full.
You agree to indemnify, defend, and hold harmless the Developer and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the App, your violation of this Agreement, or your violation of any rights of another person or entity.
The Developer, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any dispute arising out of or relating to this Agreement or the App shall be subject to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota, and you consent to personal jurisdiction in those courts.
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically and without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete all copies from your devices. Sections 4, 5, 6, 10, 11, 12, and 14 shall survive termination.
The Developer reserves the right to modify this Agreement at any time. Material changes will be communicated through the App or the App Store listing. Your continued use of the App after such changes constitutes your acceptance of the revised Agreement.
Questions or notices under this Agreement should be directed to:
axiotrax LLC
Minnesota Limited Liability Company
Email: info@axiotrax.com
Web: axiotrax.com