Terms of Service

These Terms of Service (“Terms”) govern access to and use of Sailing Plans at www.sailingplans.com and related services (the “Service”) provided by Avena Services, LLC (“Avena,” “we,” “us,” or “our”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Sailing Plans is a planning product offered by Avena. Features may be pre-launch, limited, or change over time. We may add, modify, or discontinue functionality with or without notice, including during early access or waitlist periods.

2. Eligibility and accounts

You must be able to form a binding contract under applicable law to use the Service. You are responsible for the accuracy of information you provide and for keeping your login credentials secure. Account authentication is handled by an authentication provider; activity under your account is your responsibility unless you notify us of unauthorized access.

We may suspend or terminate accounts that violate these Terms, create risk to the Service or other users, or are inactive for an extended period.

3. Acceptable use

You agree not to:

• Use the Service for unlawful, harmful, or fraudulent purposes
• Attempt to gain unauthorized access to systems, accounts, or data
• Interfere with or disrupt the Service, including by malware, abuse of APIs, or unreasonable load
• Reverse engineer or scrape the Service except where applicable law prohibits that restriction
• Misrepresent your identity or affiliation when communicating with us

4. Your content

You retain ownership of content you submit to the Service (“Your Content”). You grant Avena a limited license to host, process, and display Your Content solely as needed to operate and improve the Service. You represent that you have the rights needed to submit Your Content and that it does not violate law or third-party rights.

5. Waitlist and communications

If you join a waitlist or contact us at [email protected], we may use your email to respond and to share product updates related to Sailing Plans. You can ask us to stop non-essential messages by emailing us. Our handling of personal information is described in the Privacy Policy.

6. Third-party services

The Service relies on third-party service providers for functions such as authentication, hosting, data storage, content delivery, security, and email. Their terms and privacy practices apply to their processing. We are not responsible for third-party services we do not control.

7. Intellectual property

The Service, including software, design, branding (including the Sail mark and “Sailing Plans” name), and documentation, is owned by Avena or its licensors. These Terms do not grant you any right to use our marks except as needed to use the Service itself.

8. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVENA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVENA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations; in those places, our liability is limited to the fullest extent permitted by law.

10. Indemnity

You will defend and indemnify Avena against claims, damages, and expenses (including reasonable attorneys’ fees) arising from Your Content or your misuse of the Service or violation of these Terms, except to the extent caused by our willful misconduct.

11. Termination

You may stop using the Service at any time. We may suspend or end access if you breach these Terms or if we discontinue the Service. Upon termination, provisions that by their nature should survive (including ownership, disclaimers, limitations of liability, and governing law) will survive.

12. Governing law

These Terms are governed by the laws of the State of California and the United States, without regard to conflict-of-law rules. Courts located in Los Angeles County, California will have exclusive venue for disputes that are not resolved informally, except where applicable consumer protection law requires otherwise.

13. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date will change when we do. If changes are material, we will post the updated Terms on this page. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms: [email protected]
Avena Services, LLC — Sailing Plans
2219 Main St Unit 183
Santa Monica, CA 90405-2217
United States