Terms & Conditions

Last updated: March 2026

These Terms and Conditions (“Terms”) govern your use of the Race Marks mobile application (the “App”) operated by Digimill Limited (“we”, “us”, “our”).

By using the App, you agree to these Terms. If you don’t agree, please don’t use the App.

Summary

1. The Service

Race Marks is a sailing navigation app that provides:

Important: The App is a navigational aid only. It does not replace charts, sailing instructions, proper seamanship, or good judgement. You are solely responsible for the safe navigation of your vessel.

2. Accounts and Service Tiers

Anonymous and Free Use

You may use the App without an account to access basic features including viewing course cards and approximate area information. When using the App without an account:

Registered Users

To access all features, you must sign in using Apple or Google authentication. Registered users may access additional features depending on their subscription tier, and are subject to additional terms in Section 3 below.

You are responsible for:

We may suspend or terminate accounts that violate these Terms.

3. Subscriptions and Payments

Subscription Tiers

The App offers several subscription tiers:

Billing

Auto-Renewal

Refunds

Refunds are handled by Apple or Google according to their policies. We cannot process refunds directly. If you believe you’re entitled to a refund, contact Apple Support or Google Play Support.

Price Changes

We may change subscription prices. Price changes take effect at the start of your next subscription period. We’ll give you advance notice of price increases.

4. Location Data and Race Tracking

Race Marks is a navigation app — location data is essential for it to work. We take the responsibility of handling your location data seriously and apply the principle of minimum necessary data at every stage. We only retain precise location information near navigable waters.

Where possible, we encourage you to connect your vessel’s onboard instruments to the App. Vessel-sourced data (via NMEA) provides richer marine environment information and is inherently associated with your boat rather than you personally, making it easier to anonymise effectively.

Location Sharing with Club Administrators

If you enable race tracking features, your location data may be shared with club administrators using the Race Marks Committee Edition for the purpose of race management and safety monitoring. This includes:

You can control location sharing through the App’s settings at any time. Race tracking location sharing is opt-in and requires your explicit consent before activation.

Location Precision

The App uses two levels of location precision, aligned with your device’s operating system:

You can change your location precision at any time through your device’s operating system settings or within the App.

How We Handle Location Data

The following table summarises how location data is handled for different users and scenarios:

Scenario Location precision Shared with club admins Stored on our servers User action required
Anonymous user Any (approximate by default, precise if opted in) Yes — as anonymous area indicator via Committee Edition Aggregated and anonymised only None (default)
Registered user, no race tracking Approximate or precise (per OS permission) Yes — as anonymous area indicator via Committee Edition Aggregated and anonymised only None
Registered user, race tracking enabled Precise (mobile / vessel NMEA) Yes — vessel identity and position visible via Committee Edition Retained for duration of race event (deleted after 90 days) Opt in to race tracking
Any user, GPX export Precise (mobile / vessel NMEA) No Saved locally on your device, optionally made available online Explicitly export track
Marine & environment data Precise (mobile / vessel NMEA) Shared with vetted research partners Anonymised and aggregated during processing Opt out

5. Marine Data Collection and Research

Boat System Data

If you connect the App to your vessel’s onboard instruments (e.g., chartplotter, AIS, wind instruments, depth sounder), the App may collect marine environmental data including but not limited to:

This data is collected and then anonymised during processing — identifying information about you and your vessel is stripped and the data is aggregated before it is stored or used. The anonymised data is combined with data from other users to build a more complete picture of marine conditions.

Use of Marine Data

We may create derived anonymous datasets from collected marine data (including depth soundings and tidal measurements). These datasets may be:

Your Control

6. Content and Data

Course Card Data

Course card data, mark positions, and sailing instructions are:

You must verify all navigation information against official sailing instructions and your own observations.

Your Content

If you provide feedback, suggestions, or other content, you grant us a non-exclusive, royalty-free licence to use it to improve the App.

Data Accuracy

While we strive for accuracy:

Never rely solely on the App for navigation decisions.

7. Acceptable Use

You agree not to:

8. Safety and Liability

Your Responsibility

You are solely responsible for:

The App is not a substitute for:

Limitation of Liability

To the maximum extent permitted by law:

We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from:

Our total liability for any claims arising from these Terms or your use of the App is limited to the amount you paid us in the 12 months preceding the claim.

Some jurisdictions don’t allow limitation of liability for personal injury or certain damages. In such cases, our liability is limited to the minimum extent permitted by law.

Disclaimer of Warranties

The App is provided “as is” and “as available” without warranties of any kind, either express or implied, including:

9. Intellectual Property

Our Property

The App, including its design, features, code, and content (except where noted), is owned by Digimill Limited and protected by intellectual property laws.

Club Content

Course cards and related materials may be owned by or licensed from sailing clubs. Such content is used with permission and remains the property of the respective owners.

Your Licence

We grant you a limited, non-exclusive, non-transferable licence to use the App for personal, non-commercial purposes in accordance with these Terms.

10. Changes to the App and Terms

App Changes

We may:

Terms Changes

We may update these Terms. We’ll notify you of material changes through the App or by email. Continued use after changes constitutes acceptance.

11. Termination

By You

You may stop using the App at any time. To fully terminate:

By Us

We may suspend or terminate your access if you:

Effect of Termination

Upon termination:

12. General

Governing Law

These Terms are governed by the laws of Ireland. Disputes will be resolved in the courts of Ireland, except where consumer protection laws grant you rights in your local jurisdiction.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in effect.

No Waiver

Our failure to enforce any right or provision doesn’t constitute a waiver of that right or provision.

Assignment

You may not assign your rights under these Terms. We may assign our rights to any successor or affiliate.

13. Contact Us

If you have questions about these Terms:

Email: legal@racemarks.app

Digimill Limited
Ireland


Appendix: Apple App Store Terms

If you downloaded the App from the Apple App Store:

Appendix: Google Play Terms

If you downloaded the App from Google Play: