Terms of Service

By accessing or using Gusty ("we", "our", or "the platform") at www.itsgusty.com, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the platform.

We may update these terms from time to time. Continued use of the platform after changes are posted constitutes your acceptance of the revised terms. We will notify you of significant changes by email or a prominent notice on the site.

Gusty is a spot-discovery and community platform for wind sports including wingfoiling, kitesurfing, and windsurfing. The platform allows users to:

• Discover and share wind sport spots around the world
• Add spots with photos, wind conditions, and local tips
• Connect with local guides and service providers
• Send messages to other users through the platform inbox
• Browse weather, wind, and tide information for spots

We reserve the right to modify, suspend, or discontinue any part of the service at any time, with or without notice.

To access certain features, you must create an account. You agree to:

• Provide accurate and complete information when registering
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Take responsibility for all activity that occurs under your account

You must be at least 16 years old to create an account. We reserve the right to suspend or terminate accounts that violate these terms.

You retain ownership of the content you submit to Gusty, including spot descriptions, photos, tips, and messages. By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to store, display, and distribute that content as part of the platform.

You are solely responsible for the content you post. You represent and warrant that:

• You own or have the right to share the content you submit
• Your content does not infringe any third-party intellectual property rights
• Your content is accurate to the best of your knowledge
• Your content does not contain personal data of others without their consent

We reserve the right to remove any content that violates these terms or that we consider harmful, inaccurate, or inappropriate.

You agree not to use the platform to:

• Post false, misleading, or fraudulent information
• Harass, threaten, or abuse other users
• Spam or send unsolicited commercial messages
• Scrape, crawl, or extract data from the platform in an automated manner without permission
• Attempt to gain unauthorized access to any part of the platform or its infrastructure
• Upload malware, viruses, or other harmful code
• Impersonate another person or entity
• Violate any applicable laws or regulations

The Gusty name, logo, design, and platform code are our intellectual property and may not be used without written permission. All rights not expressly granted in these terms are reserved.

Third-party content such as map data (OpenStreetMap), weather data, and webcam feeds remain the property of their respective owners and are used under their respective licences.

The platform is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that:

• The platform will be uninterrupted, error-free, or secure
• Wind forecasts, tide data, or spot conditions are accurate or suitable for your session
• User-submitted spot information is complete, current, or accurate

Wind sports carry inherent risks. Always assess conditions yourself before entering the water. Gusty is a discovery and community tool, not a substitute for professional instruction or local knowledge.

To the maximum extent permitted by applicable law, Gusty shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of revenue, personal injury, or property damage arising out of or related to your use of the platform.

Our total aggregate liability to you for any claims arising out of these terms or your use of the platform shall not exceed €50.

You may delete your account at any time from your profile settings. We may suspend or terminate your access to the platform at our discretion if we believe you have violated these terms.

Upon termination, your right to use the platform ceases immediately. We may retain certain data as required by law or our legitimate interests, as described in our Privacy Policy.

These terms are governed by the laws of the Netherlands. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

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

info@itsgusty.com