Terms of Service

1. Agreement

These Terms of Service (“Terms”) form a binding agreement between you and Sei Dake (see section 19 for full legal identification). By creating an account, downloading the app, or using SayTide in any way, you agree to these Terms and to the Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, do not use SayTide.

2. The service

SayTide is an iOS application that lets you record a short voice note after a surf session and converts it, using artificial intelligence, into a structured journal entry. The service includes a session history, a surfboard collection (quiver), AI-generated insights, and a paid subscription (“SayTide Pro”) that unlocks additional capacity.

The service is provided “as is” and may evolve over time. We may add, change, or remove features at our discretion, as long as we do not materially degrade the features for which you are actively paying.

3. Eligibility and account

To use SayTide you must:

• Be at least 14 years old. Spanish law (Article 7 of the LOPDGDD) sets 14 as the minimum age at which a minor can consent to the processing of their personal data. If you are under 14, you may only use SayTide with the prior, verifiable consent of a holder of parental responsibility.
• Have the legal capacity to enter into a binding contract. If you are a minor with parental consent, your parent or legal guardian is jointly responsible for your use of the service and for any paid subscription.
• Authenticate through Sign in with Apple. You are responsible for the security of your Apple ID and for any activity under your SayTide account.
• Provide accurate information and keep it up to date.

The “4+” age rating shown on the App Store refers to the nature of the in-app content (no objectionable material) and is set by Apple. It does not lower the minimum age to use the service or to have personal data processed by us.

We may suspend or terminate an account that violates these Terms or that is used fraudulently.

4. Acceptable use

When using SayTide you agree not to:

• Upload audio you do not have the right to record, or content that infringes the rights of others.
• Use the service for any unlawful purpose or to harass, defame, or threaten anyone.
• Reverse engineer, decompile, or attempt to extract the source code of the app or the backend, except to the extent allowed by mandatory law.
• Interfere with the service, probe for vulnerabilities outside an authorized disclosure channel, or attempt to bypass usage limits or authentication.
• Use automated means to access or scrape the service.
• Resell, sublicense, or commercially redistribute the service or its output.

5. AI outputs and professional advice

Transcripts and insights are generated automatically by third-party AI models. They may contain inaccuracies, omissions, or fabricated details. SayTide does not provide:

• medical, physical therapy, or fitness advice,
• water safety, lifeguarding, or emergency guidance,
• legal, financial, or professional advice of any kind.

Do not rely on AI-generated outputs for decisions that affect your safety or the safety of others. Always use your own judgment and consult qualified professionals when appropriate.

6. Your content

You retain full ownership of your audio, transcripts, boards, and any other content you submit. By using the service you grant Sei Dake a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, transcribe, and structure your content solely for the purpose of providing the service to you. We do not use your content to train AI models, and we do not sell, rent, or license your content to any third party for their own use.

You are responsible for the content you submit. If a recording involves other people's voices, make sure you have the right to record them under the law of your jurisdiction.

7. Third-party services

SayTide relies on third-party providers for authentication, hosting, AI processing, subscription management, and analytics. Each provider is a separate company with its own terms and privacy practices. Your use of SayTide is also subject, where relevant, to the Apple Media Services Terms and Conditions.

A full list of data recipients and legal safeguards is in the Privacy Policy.

8. Subscriptions, free tier, and billing

8.1 Free tier

SayTide offers a free tier with limited processing capacity and quiver size. Current limits are displayed inside the app. Full access to read and edit anything already recorded is always available regardless of plan.

8.2 SayTide Pro

SayTide Pro is available as a monthly or annual subscription. Prices are set in the Apple App Store and vary by region, currency, and local taxes. The price applicable to you is the one Apple displays inside the purchase confirmation sheet.

8.3 Auto-renewal disclosure (Apple Schedule 2)

• Subscriptions are auto-renewable. Payment is charged to your Apple ID at purchase and at each renewal.
• Your subscription automatically renews unless you cancel it at least 24 hours before the end of the current period.
• Auto-renewal can be managed or cancelled at any time in your Apple ID account settings. See https://support.apple.com/HT202039 for instructions.
• Any unused portion of a free trial, if offered, is forfeited the moment you purchase a paid subscription.
• Deleting the SayTide app does not cancel your subscription. You must cancel it in Apple's settings.

8.4 Fair use

To protect the service from abuse and to keep operating costs sustainable, all plans (including Pro) are subject to reasonable usage limits. If you reach a limit, you can continue to read and edit existing content, and capacity resets automatically. Current limits are displayed inside the app.

8.5 Refunds

All purchases are handled by Apple. Refund requests must be submitted to Apple at https://reportaproblem.apple.com. Sei Dake cannot process refunds on Apple's behalf.

8.6 Price changes

If we change the price of a subscription, Apple will notify you and ask for your explicit consent before charging the new price, as required by the App Store rules. If you do not consent, your subscription ends at the end of the current period.

9. Intellectual property

SayTide, Sei Dake, the logos, the visual design, the onboarding copy, and the software are protected by intellectual property law and belong to Sei Dake. These Terms grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the app on devices you own or control, for your own non-commercial use. No trademark rights are granted.

10. Termination

You may stop using SayTide at any time and delete your account from inside the app or by writing to hello@saytide.com. We may suspend or terminate your account if you materially breach these Terms, if required by law, or if we discontinue the service. We will give you reasonable notice where feasible.

Termination does not affect obligations that by their nature survive, such as ownership, disclaimers, limitation of liability, and governing law.

11. Disclaimers

To the fullest extent permitted by applicable law, the service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or free of harmful components, or that AI outputs will be accurate.

Nothing in this section limits rights that apply to you as a consumer under mandatory Spanish or EU law, which remain fully in force.

12. Limitation of liability

To the fullest extent permitted by applicable law, Sei Dake is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or in connection with the service.

Our aggregate liability for any claim arising out of or relating to the service is limited to the greater of (a) the amounts you paid for the service in the 12 months preceding the event giving rise to the claim or (b) EUR 100.

The limitations in this section do not apply to liability that cannot be excluded or limited under applicable law, including in Spain liability for fraud (“dolo”) or gross negligence (“culpa grave”), death or personal injury caused by our negligence, or mandatory consumer protection rights.

13. Indemnification

You agree to indemnify and hold harmless Sei Dake against third-party claims, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the service, or your violation of applicable law. This section does not apply where prohibited by mandatory law.

14. Changes to these Terms

We may update these Terms from time to time. When a change is material we will notify you in the app, by email, or both, before the new version takes effect. Continued use of the service after the effective date of the new version constitutes acceptance. If you do not agree, you must stop using the service and you may delete your account.

15. Governing law and jurisdiction

These Terms are governed by Spanish law, excluding its conflict-of-laws rules.

• If you use the service as a consumer, any dispute falls under the exclusive jurisdiction of the courts of your domicile within the European Union, in accordance with Article 18 of Regulation (EU) 1215/2012 and Article 90.2 of the Spanish consumer protection statute (TRLGDCU). Mandatory consumer protection rights in your country of residence continue to apply.
• If you use the service outside a consumer relationship, the courts of Madrid, Spain have exclusive jurisdiction.

16. Online Dispute Resolution (EU)

If you are a consumer resident in the European Union, you can submit disputes to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. We are not currently required to participate in alternative dispute resolution and we will assess participation on a case-by-case basis. You can always contact us first at hello@saytide.com and we will try to resolve the issue directly.

17. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any in-app disclosures, constitute the entire agreement between you and Sei Dake regarding the service.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
• No waiver. Our failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets, on notice to you.
• Language. These Terms are provided in English. Any translation is for convenience only; the English version prevails.

18. Contact

For any question about these Terms: hello@saytide.com.

19. Legal information

Sei Dake is a trade name of Bernardo Ortega, a sole trader (autónomo) established in Spain.

NIF: [pending].

Postal address: [pending].

Contact: hello@saytide.com.