Terms of Service
1. Who We Are
ShouldISail ("Service", "we", "us") is operated by Eran Yanikov, an individual based in Israel. Contact: info@shouldisail.com.
2. What the Service Does
ShouldISail provides sailing condition assessments and related maritime planning tools across web and mobile platforms. Features include, but are not limited to:
- Weather & Conditions: 9-day hourly marine forecasts (wind, gust, wave, swell, current, visibility, precipitation) for any point at sea, powered by StormGlass data.
- Sailing Suitability Assessment: A plain-language verdict (Yes / Challenging / Requires Safety Gear / Only if You Must / No) tailored to your selected vessel type.
- Route Planner: Draw multi-waypoint routes, receive per-segment sailing-suitability scores based on forecast departure times, and view estimated distances and travel times.
- Saved Routes & Favorite Spots: Persistently store named routes and bookmarked sea locations (Pro tier).
- Live GPS Navigation (mobile): Real-time position and compass heading displayed on the chart, speed over ground (SOG), and a nautical chart overlay (OpenSeaMap).
- Track Recording (mobile): Background GPS track recording that survives app suspension; automatic stop on reaching land; post-trip summary; ability to convert recorded tracks to saved routes (Pro tier).
- Anchor Watch (mobile): Set an anchor position and chain length; the app monitors your position in the background and triggers an alarm if your boat moves outside the calculated swing radius.
- Sea Depth Information: Approximate water depth at a tapped or anchored location, sourced from the GEBCO global bathymetry database.
All assessments and calculations are informational only. See Sections 7 and 8 for critical safety limitations.
3. Eligibility and Accounts
You may use the Service as a guest (limited free lookups) or as an authenticated user by signing in with your Google or Apple account.
- You must be at least 18 years old to purchase a paid subscription. Users under 18 may use the free tier with parental consent.
- You are responsible for keeping your account credentials secure.
- Each account must represent one individual person. Creating multiple accounts to circumvent quota limits, refund policies, or any other restriction is strictly prohibited and constitutes a material breach of these Terms.
- You may not use the Service for automated scraping, bulk data collection, or any commercial redistribution of data obtained from the Service.
4. Subscriptions and Payments
The Service offers a single paid tier:
- Pro Plan — $50 USD per year, which removes the monthly weather-lookup quota and unlocks route saving, saved spots, track recording, anchor watch, and any future premium features.
Payments are processed by Paddle (paddle.com), which acts as the Merchant of Record for all transactions. When you purchase a subscription, your contract of sale is with Paddle, and Paddle's own Terms of Use and Privacy Policy also apply to your purchase. Paddle handles all applicable taxes (including VAT/GST) on our behalf.
Your subscription auto-renews annually. You will receive a renewal reminder at least 7 days before the renewal date. You can cancel at any time from your account settings; cancellation takes effect at the end of the current billing period.
5. Cancellation and Refunds
You may cancel your subscription at any time via your account settings or by contacting us at info@shouldisail.com.
3-Day Money-Back Guarantee
We offer a 3-day (72-hour) money-back guarantee subject to all of the following conditions:
- The guarantee applies only to the initial subscription purchase per person. Annual automatic renewals are not eligible for a refund under this guarantee.
- One refund per person, ever. A refund may be issued at most once per individual, identified by — but not limited to — any combination of: registered email address, payment method, device identifier, IP address, or name. We reserve the right to use any available signal to determine whether a refund has previously been issued to the same person under a different account. Re-subscribing after receiving a refund and requesting another refund constitutes abuse of this policy and will be declined.
- The 72-hour window is calculated from the UTC timestamp of the original transaction as recorded by Paddle, not from when you first open the app or access your account.
- No refund if Pro features have been substantially used. Substantial use includes, but is not limited to: saving three or more routes, performing three or more route weather analyses, storing three or more Favorite Spots, or conducting active Anchor Watch sessions. Determination of substantial use is at our sole and reasonable discretion.
- A refund will not be issued if we have reasonable grounds to believe the request is fraudulent, abusive, or part of a pattern of refund abuse across any accounts.
- To request a refund, email info@shouldisail.com within the 72-hour window. Your email must include: (a) your registered account email address, (b) your Paddle order ID as shown on your receipt, and (c) a brief reason for your request. Incomplete requests will not be processed.
Cancellations Outside the Guarantee Window
- Cancellations made after the 3-day window are not eligible for a refund. You will retain full Pro access until the end of the current paid billing period.
- Approved refunds are typically processed by Paddle within 5–10 business days.
Statutory Consumer Rights
Israeli users also benefit from cancellation rights provided under the Israeli Consumer Protection Law (5741-1981) and its regulations, to the extent applicable to digital services.
If you are located in the European Economic Area: EU consumers have a statutory 14-day right of withdrawal from distance contracts. However, under Article 16(m) of Directive 2011/83/EU, this right is waived for digital content not delivered on a tangible medium once the consumer has expressly consented to the performance commencing before the end of the withdrawal period and acknowledged the loss of that right. By completing your purchase and accessing any Pro feature, you expressly consent to immediate performance and acknowledge that you waive the 14-day right of withdrawal. Our 3-day guarantee is offered in addition to — and does not replace — any statutory right that cannot lawfully be waived under your local law.
Nothing in this section limits any statutory consumer rights that cannot be excluded by contract under the laws of your country of residence.
6. Free Tier Limits
Guest (unauthenticated) users and free registered users are limited to a set number of weather lookups per calendar month ("Quota"). The current Quota limit is displayed within the Service. We reserve the right to adjust Quota limits at any time with reasonable notice.
7. Safety Disclaimer — Critical Warning
Weather conditions at sea can change rapidly and without warning. The assessments provided by ShouldISail are derived from third-party forecast data (StormGlass) that may be inaccurate, incomplete, delayed, or unavailable. No weather model or algorithm can guarantee accuracy of real-world sea conditions.
You assume full and sole responsibility for all decisions you make regarding sailing, navigation, anchoring, or any other activity at sea. Before undertaking any sailing activity, you must independently verify conditions through official maritime weather services, harbour masters, coast guard advisories, and your own first-hand observation.
We accept no liability whatsoever for any injury, loss of life, vessel damage, property damage, or any other harm — direct or indirect — arising from any decision made based wholly or partly on information provided by this Service.
8. Feature-Specific Safety Notices
The following notices apply to specific features of the Service and form part of the Safety Disclaimer in Section 7.
8.1 Weather Assessments & Sailing Suitability
Sailing suitability verdicts are generated by an algorithm based on configurable thresholds. They are intended as a general starting point for planning only. The algorithm does not account for local topographic effects, tidal currents, combined sea states, your personal skill level or physical condition, the condition of your vessel or safety equipment, or any factor not represented in the source weather data. A verdict of "Yes" or "Challenging" does not mean it is safe or appropriate for you to sail.
8.2 Route Planner
Route distance, estimated travel time, and per-segment weather scores are approximations. ETA calculations assume constant cruising speed and do not account for tacking, currents, wind-driven leeway, stops, or real-time deviations. The land-crossing detection feature is not a substitute for proper chart work. Do not use the route planner as your sole basis for voyage planning.
8.3 Live GPS Navigation (Mobile)
The live position, compass heading, and speed-over-ground display rely on your device's GPS and sensors, which may be inaccurate, drift, or lose signal without warning. This feature is not a certified chart plotter and must not be used as your primary or sole means of navigation. Always carry and use properly certified nautical charts and navigation instruments. The operator accepts no responsibility for navigational errors arising from use of the in-app GPS display.
8.4 Track Recording (Mobile)
Track recording relies on background device GPS services, which may be interrupted, delayed, or terminated by the operating system at any time. The "auto-stop on land" feature depends on GPS accuracy and may not activate correctly in all circumstances. Recorded distance and speed figures are estimates derived from GPS sampling intervals and are not guaranteed to be accurate. Do not use recorded track data for official maritime log or legal purposes.
8.5 Anchor Watch (Mobile)
The Anchor Watch feature is a supplementary notification tool only. It is not a certified maritime safety product and must not be treated as one.
- The drag-detection alarm relies on your device's GPS, which may be inaccurate, delayed, or fail entirely due to poor signal, battery state, operating-system restrictions, or other factors outside our control.
- The app may be suspended or killed by the operating system, silencing the alarm without warning, regardless of the crash-recovery mechanism.
- The swing-radius calculation is based on the chain length and depth values you enter and assumes a simplified model; actual swing radius may be larger or smaller depending on seabed conditions, wind, vessel windage, and other variables.
- Sea depth figures used in scope calculations are sourced from the GEBCO global bathymetric dataset, which provides low-resolution averaged data; actual depth at your location may differ significantly, especially in shallow, coastal, or dredged areas.
- You must never leave your vessel unattended relying solely on this app as your anchor alarm. Always maintain proper watch procedures in accordance with good seamanship and applicable regulations (COLREGs or local law).
8.6 Sea Depth Information
Depth values displayed in the app are sourced from the GEBCO global bathymetry database, which provides low-resolution averaged data and is not a substitute for official hydrographic charts. Depth values may be significantly inaccurate in coastal, harbour, or estuarine areas. Do not use app-displayed depth values for anchoring, berthing, or any decision where accurate water depth is critical to safety.
8.7 Nautical Chart Overlay
The nautical overlay displayed in the app is provided by OpenSeaMap and is crowd-sourced. It is not an official maritime chart and must not be used for navigation. Always consult official, up-to-date Admiralty or equivalent national hydrographic charts for navigation.
9. Data We Collect and How We Use It
We collect the following categories of data:
- Account Data (authenticated users): Your name and email address, obtained via Google OAuth 2.0 or Apple Sign-In, solely for the purpose of creating and identifying your account. We do not access your Google Drive, Gmail, contacts, calendar, or any other Google or Apple account data beyond what is required for authentication.
- Location Data (mobile): GPS coordinates collected during live navigation, track recording, and anchor watch. Location data is processed on-device and transmitted to our servers only where necessary (e.g., to fetch weather for a tapped location or to save a route). We do not continuously stream your raw GPS track to our servers in real time.
- Usage Data — Sailing Lookups: The geographic coordinates you request weather for and the resulting assessments. This data is stored to enforce quotas, display your history, and improve the Service.
- Saved Content: Routes, Favorite Spots, and preferences you choose to save, stored server-side so they are accessible across devices.
- Payment Data: We do not store your payment card details. All payment information is handled exclusively by Paddle. We receive only a transaction confirmation and subscription status.
- Technical / Log Data: IP addresses, browser or app version, device type, and error logs, retained for security and debugging purposes.
We do not sell your data to third parties. We do not use your data for advertising profiling. We process your data under Israeli Privacy Protection Law (5741-1981). If you are located in the European Economic Area, we process your data on the legal basis of contract performance (Article 6(1)(b) GDPR) and legitimate interests (Article 6(1)(f) GDPR). You have the right to access, correct, and request deletion of your personal data.
To request deletion of your account and associated data, email info@shouldisail.com.
10. Third-Party Services
The Service relies on the following third parties whose terms and availability are outside our control:
- StormGlass — marine weather and oceanographic data. Data accuracy and availability are subject to their service.
- Google OAuth — authentication. Governed by Google's Terms of Service.
- Apple Sign-In — authentication on iOS. Governed by Apple's terms.
- Paddle — payment processing and subscription management.
- Mapbox — base map tiles and rendering. Governed by Mapbox Terms of Service.
- OpenSeaMap — crowd-sourced nautical chart overlay. Data is community-contributed and not officially certified for navigation.
- GEBCO — global bathymetric (sea depth) data. Provided for general informational purposes only; not suitable for navigational use.
We are not liable for the availability, accuracy, completeness, or actions of any of these third-party services.
11. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of these Terms.
- Attempt to reverse-engineer, scrape, or systematically extract data from the Service.
- Circumvent quota limits, refund restrictions, or access controls through technical means or by creating multiple accounts.
- Interfere with or disrupt the Service's servers, infrastructure, or security mechanisms.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Create, use, or transfer accounts for the purpose of exploiting the refund policy or any promotional offer more than once.
We reserve the right to suspend or terminate your account immediately and without refund if you violate these rules, and to pursue any applicable legal remedies.
12. Disclaimers and Limitation of Liability
The Service is provided "as is" and "as available" without any warranty of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
To the maximum extent permitted by applicable law, the operator of ShouldISail shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or life, arising out of or in connection with your use of — or inability to use — the Service, even if advised of the possibility of such damages.
Our total aggregate liability to you for any and all claims arising under these Terms shall not exceed the greater of: (a) the total amount you paid us in the twelve (12) months immediately preceding the claim, or (b) USD $10.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited in your jurisdiction, including liability for death or personal injury caused by negligence, or for fraudulent misrepresentation.
13. Intellectual Property
All content, design, source code, and branding of ShouldISail are the exclusive property of the operator of ShouldISail. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service for personal, non-commercial purposes only. You may not copy, modify, distribute, sublicense, or create derivative works of any part of the Service without our prior written consent.
14. Modifications to the Service and Terms
We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms from time to time. Material changes will be communicated via email (for registered users) or a notice within the Service at least 14 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
15. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the State of Israel, without regard to conflict-of-law principles. Any dispute arising out of or in connection with these Terms shall be submitted first to good-faith negotiation between the parties. If unresolved within 30 days, the dispute shall be subject to the exclusive jurisdiction of the competent courts located in Israel.
Nothing in this clause limits your rights as a consumer under the mandatory consumer protection laws of your country of residence, including the right to bring claims before courts or consumer tribunals in your own country where such right cannot be contractually waived.
16. Contact
For questions about these Terms, privacy requests, or refund requests, please contact:
ShouldISail
info@shouldisail.com