Legal
Terms of Service
Effective date: 31 March 2026 · Version 1.1
1. Acceptance of Terms
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.
2. Service Description
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.
3. User Accounts
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.
4. User Content
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.
5. Prohibited Conduct
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
6. Intellectual Property
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.
7. Disclaimers
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.
8. Limitation of Liability
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.
9. Termination
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.
10. Governing Law
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.
11. Mobile App
This section covers use of the Gusty native mobile app. By downloading or using the app, you agree to these Terms together with the provisions below. Where they conflict for app use, the provisions below apply.
The app
Gusty is also available as a native mobile application distributed through the Apple App Store and, in future, the Google Play Store. The app provides the spot-discovery and community features of the platform alongside real-time activity, presence, and session features. We may add, change, or remove app features at any time.
Location features and your responsibility
The app offers optional location-based features, including placing spots at your current position and geofenced wind alerts. These features depend on device sensors and third-party data and may be inaccurate, delayed, or unavailable. A wind alert is a convenience, not a safety system. You remain solely responsible for assessing conditions yourself before each session. Section 7 (Disclaimers) applies in full to all app and location features.
App stores and updates
You must obtain the app through an official store and comply with that store's usage rules. We may issue updates that you need to install for the app to keep working. Your use of the app may also be subject to your mobile carrier's terms and any data charges, which are your responsibility.
Apple App Store — additional terms
The following terms apply when you download the app from the Apple App Store. They are required by Apple and apply in addition to the rest of these Terms.
- Parties. These Terms are between you and Gusty only, not with Apple. Gusty, not Apple, is solely responsible for the app and its content.
- Licence scope. The licence granted to you for the app is a non-transferable licence to use the app on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance and support. Gusty is solely responsible for any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services.
- Warranty. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); Apple has no other warranty obligation, and any other claims will be Gusty's responsibility.
- Product claims. Gusty, not Apple, is responsible for addressing any claims relating to the app or your use of it, including product liability, failure to conform to legal requirements, and consumer-protection claims, to the extent not excluded by these Terms.
- Intellectual property. In the event of any third-party claim that the app infringes that party's intellectual property rights, Gusty, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
- Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Account deletion
You may delete your account from within the app under Account > Delete account, as well as from your website profile settings. Deletion is handled as described in the Privacy Policy.
12. Contact
If you have questions about these Terms of Service, please contact us at: