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
- The App helps with sailing navigation but is not a substitute for proper seamanship
- You’re responsible for your own safety on the water
- Subscriptions auto-renew unless cancelled
- Course card data is licensed from sailing clubs and may change
- Location data may be shared with club administrators for race tracking (with your consent)
- Anonymised marine instrument data may be used for tidal and current research
1. The Service
Race Marks is a sailing navigation app that provides:
- Digital course cards and mark locations for yacht racing
- Navigation assistance during races
- Race timing and countdown features
- Weather and tide information
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:
- Only approximate location data is collected (as defined by your device’s operating system), unless you opt in to share precise location
- Your approximate location may be visible to club administrators using the Race Marks Committee Edition as an anonymous indicator of sailing activity in the area
- You are not identifiable to other users or club administrators
- Limited features are available
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:
- Maintaining the security of your account
- All activity that occurs under your account
- Notifying us of any unauthorised use
We may suspend or terminate accounts that violate these Terms.
3. Subscriptions and Payments
Subscription Tiers
The App offers several subscription tiers:
- Sailor: Access to course cards for a specific club/season
- Navigator: Full navigation features for all clubs
- Tactician: Premium features including advanced analytics
Billing
- Subscriptions are billed through the App Store (iOS) or Google Play (Android)
- Prices are displayed in your local currency before purchase
- Payment is charged to your App Store or Google Play account
Auto-Renewal
- Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
- You can manage and cancel subscriptions in your device’s account settings
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:
- Registered users: Your position may be shared with the relevant club’s race committee during active races. Your identity may be visible to club administrators (e.g., boat name, sail number) where you have provided this information.
- Free/anonymous users: Only approximate location information is shared (as defined by your device’s operating system “approximate location” setting) — sufficient to indicate that a sailor is active in the general area but not to identify or precisely locate you. You may opt in to share precise location if you choose.
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:
- Approximate location: A reduced-precision location as provided by your device’s operating system (iOS/Android) when precise location permission has not been granted. This provides a general area indicator only.
- Precise location: Full GPS precision as provided by your device. Only used when you have explicitly granted precise location permission.
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:
- Tidal flow measurements
- Current speed and direction
- Water depth readings
- Wind speed and direction at your location
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:
- Used to improve the accuracy of tidal and current information within the App, including hyper-local tidal predictions
- Shared with vetted third parties such as marine research institutes, academic institutions, and hydrographic organisations, subject to appropriate data sharing agreements
Your Control
- Boat system data collection is opt-in and clearly indicated in the App’s settings
- You can disable data collection at any time without affecting other App features
- Once data has been anonymised and aggregated, it cannot be attributed back to you or your vessel
6. Content and Data
Course Card Data
Course card data, mark positions, and sailing instructions are:
- Licensed from or created in collaboration with sailing clubs
- Provided “as is” without warranty of accuracy
- Subject to change without notice (marks move, courses change)
- The intellectual property of the respective clubs or Digimill Limited
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:
- Mark positions may be approximate
- Course cards may not reflect last-minute changes
- Weather and tide data comes from third-party sources
- GPS accuracy depends on your device and conditions
Never rely solely on the App for navigation decisions.
7. Acceptable Use
You agree not to:
- Use the App in any way that violates laws or regulations
- Attempt to reverse engineer, decompile, or extract source code
- Interfere with or disrupt the App’s infrastructure
- Use automated systems to access the App (scraping, bots)
- Share your account credentials with others
- Redistribute course card data or other content
- Misuse race tracking features to harass, stalk, or monitor other users
- Submit false or misleading marine instrument data
8. Safety and Liability
Your Responsibility
You are solely responsible for:
- The safe navigation of your vessel
- Compliance with racing rules and sailing instructions
- Awareness of your surroundings and other vessels
- Decisions made while on the water
The App is not a substitute for:
- Official charts and publications
- Sailing instructions issued by race committees
- A proper lookout
- Good seamanship
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:
- Your use of or inability to use the App
- Any errors in navigation data or course cards
- Decisions you make based on information in the App
- Equipment damage, personal injury, or property damage
- Inaccuracies in tidal, current, or other marine data derived from user contributions
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:
- Merchantability
- Fitness for a particular purpose
- Accuracy or reliability of data
- Uninterrupted or error-free operation
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:
- Add, modify, or remove features
- Update course card data
- Change pricing for new subscriptions
- Discontinue the App with reasonable notice
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:
- Cancel any active subscriptions through your device settings
- Delete your account through the App’s settings
By Us
We may suspend or terminate your access if you:
- Violate these Terms
- Engage in fraudulent activity
- Fail to pay for subscriptions
Effect of Termination
Upon termination:
- Your licence to use the App ends
- You lose access to subscription features
- We may delete your account data (subject to our Privacy Policy)
- Any anonymised marine data already contributed cannot be removed, as it is no longer identifiable
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:
- These Terms are between you and Digimill Limited, not Apple
- Apple has no obligation to provide maintenance or support
- Apple is not responsible for any product claims or third-party claims
- Apple is a third-party beneficiary of these Terms
Appendix: Google Play Terms
If you downloaded the App from Google Play:
- These Terms are between you and Digimill Limited, not Google
- Google has no obligation to provide maintenance or support
- Google is not responsible for any product claims