End User License Agreement (EULA) — YSS (Your Sailing Stats)

Effective date: [Effective Date]
Last updated: [Effective Date]

This End User License Agreement ("EULA", "License") is a binding agreement between you and DEEPSPACEOTTERS LLC ("YSS", "we", "us", "our") and governs your use of the YSS mobile application software, together with any related documentation and updates (the "App" or "Licensed Application"), for iOS and Android, distributed through the Apple App Store and Google Play.

This EULA covers the software license for the App. Your use of the underlying YSS service, your account, and your content is governed by our Terms of Service, and our handling of personal data — including the precise location data the App processes — is described in our Privacy Policy. Note that the service does not retain the activity files you upload and does not store heart-rate data. The Terms of Service and Privacy Policy are incorporated into this EULA by reference; if there is a direct conflict about the software license specifically, this EULA controls.

By downloading, installing, or using the App, you agree to this EULA. If you do not agree, do not download, install, or use the App.

1. License grant

Subject to your compliance with this EULA, the Terms of Service, and the usage rules of the app store you obtained the App from, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install the App and to use it in object-code form on a mobile device that you own or control, solely for your own personal, non-commercial use. No rights are granted to you except those expressly set out in this EULA, and all rights not expressly granted are reserved (see Section 4).

2. Scope of the license and updates

• Updates. We may make available updates, upgrades, bug fixes, and new versions of the App. Unless a separate license accompanies a given update, that update is part of the "App" and is governed by this EULA. Your app store may install updates automatically according to your device settings.
• Changes to the App. We may add, change, deprecate, or remove features of the App at any time; continued availability of any particular feature is not guaranteed.
• Supported environments. The App is intended for supported versions of iOS and Android and may not function correctly on unsupported, modified, or "jailbroken"/"rooted" devices.
• Connectivity. The App requires a network connection and our backend service for most of its functionality; your carrier's data rates may apply.

3. License restrictions

Except to the extent this restriction is prohibited by applicable law or expressly permitted by the app store's usage rules, you agree not to, and not to allow anyone else to:

• copy, reproduce, distribute, publish, sell, resell, rent, lease, lend, sublicense, or otherwise make the App available to any third party;
• modify, adapt, translate, or create derivative works of the App;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or keys of the App or of our backend, except to the limited extent applicable law expressly permits despite this restriction;
• remove, obscure, or alter any proprietary notices, labels, or marks on or in the App;
• circumvent, disable, or interfere with security-related features, access controls, signed URLs, rate limits, or the privacy/visibility settings the App or the service enforces;
• access the service through the App by automated means (scraping, crawling, bots) except through interfaces we provide and within their documented limits;
• use the App to develop or build a competing or substantially similar product or service; or
• use the App in any unlawful manner or in violation of the Terms of Service (including its Acceptable Use section) or of any applicable law or third-party right.

4. Ownership and reservation of rights

The App is licensed, not sold. As between you and us, we and our licensors own all right, title, and interest in and to the App, including all intellectual-property rights in its software, design, text, graphics, and the YSS name and logo. This EULA does not grant you any rights to our trademarks or service marks. We reserve all rights not expressly granted to you here.

Your ownership of the activity files, tracks, images, and other content you upload or create is not affected by this EULA; it is addressed in the Terms of Service (§5, "Your content and the license you grant us").

5. Accounts, your content, and acceptable use

Using the App requires a YSS account and is subject to the Terms of Service and Privacy Policy. Those documents — not this EULA — govern account registration and security, the license you grant us to host and analyze Your Content, sharing and community rules, acceptable use, and how we process your personal data (including precise location data, and what we deliberately do not keep — the uploaded file itself and any heart-rate data in it). You are responsible for your account and for the content you upload through the App, and you must have the rights and any required consent for the location, activity, or health data of other people before uploading it.

6. Third-party software, services, and integrations

• Open-source and third-party components. The App may include third-party and open-source software components licensed under their own terms. Those terms govern your use of the respective components and, where required, are made available with the App or on request; in case of conflict, the third-party license governs that component.
• Third-party services. The App connects to third-party services, including Google Sign-In; connected fitness accounts you authorize via OAuth (Polar today, with other providers such as Garmin expected later), which link to and retrieve your activities from the provider on your behalf; activity archives you upload yourself (e.g. a Garmin export you provide); third-party weather data sources used to enrich a track; and cloud storage/delivery (Amazon Web Services). Your use of these services is also subject to the relevant third party's terms and privacy policies, as further described in the Terms of Service (§8) and Privacy Policy.
• No responsibility for third parties. We do not control and are not responsible for third-party software or services, and their inclusion is not an endorsement. You are responsible for complying with any applicable third-party terms when you use the App.

7. Safety and accuracy — please read

This Section is important for a GPS/sailing analytics application.

• Not a navigation or safety device. The App is provided for information, training, and entertainment purposes only. It is not a navigation instrument and is not intended for navigation, collision avoidance, positioning, or safety of life at sea. Do not rely on the App for navigation or for any decision where inaccurate data could lead to injury, loss of life, or property damage. Always use proper marine navigation equipment and follow official guidance and applicable maritime rules.
• Estimates, not measurements. GPS positions, speeds, distances, wind direction, VMG, polar diagrams, tack/jibe detection, and race statistics are estimates derived from the data you provide and from third-party weather sources, and are subject to sensor error, filtering, and approximation. They may be inaccurate or incomplete.
• Not official race scoring. The App is not an official timing, judging, or scoring system and is not a substitute for the Racing Rules of Sailing, race-committee decisions, or official results.

8. Disclaimer of warranties

To the maximum extent permitted by applicable law, the App is provided "as is" and "as available", with all faults and without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, and availability. We do not warrant that the App will be uninterrupted, error-free, secure, or compatible with your device, or that defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you, and you may have statutory warranty rights this EULA does not affect. See also the app-store-specific warranty terms in Section 11.

9. Limitation of liability

To the maximum extent permitted by applicable law:

• We (and our officers, employees, licensors, and suppliers) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to the App or this EULA.
• Our total aggregate liability for all claims relating to the App is limited to the greater of the amount you paid (if any) for the App in the 12 months before the event giving rise to the claim or [Liability Cap, e.g. USD 100].

Nothing in this EULA excludes or limits liability that cannot be excluded or limited under applicable law (such as liability for death or personal injury caused by negligence, fraud, or certain consumer rights). This Section is consistent with, and does not enlarge your rights beyond, the Terms of Service (§12).

10. Term and termination

• Term. This EULA is effective until terminated.
• Termination. This EULA and your license terminate automatically if you breach any of its terms, and also end if your YSS account or your right to use the service is terminated under the Terms of Service. You may terminate this EULA at any time by ceasing all use of the App and deleting all copies from your devices.
• Effect. On termination, all rights granted to you under this EULA end and you must stop using and delete the App. Sections that by their nature should survive — including 3, 4, 7, 8, 9, and 14 — survive termination.

11. Apple App Store — Additional Terms

The following additional terms apply if you obtain the App from the Apple App Store. In this Section, "Apple" means Apple Inc. To the extent of any conflict between this Section and the rest of this EULA with respect to an App obtained via the App Store, this Section controls for that purpose.

• (a) Acknowledgment. This EULA is concluded solely between you and DEEPSPACEOTTERS LLC, and not with Apple. We, not Apple, are solely responsible for the App and its content. Apple is not a party to this EULA.
• (b) Scope of license. The license granted to you for the App is a non-transferable license to use the App on any Apple-branded products that you own or control, and only as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where enabled.
• (c) Maintenance and support. We are solely responsible for providing any maintenance and support for the App, as specified in this EULA or as required by applicable law. Apple has no obligation to furnish any maintenance and support services for the App.
• (d) Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As stated in Section 8, the App is otherwise provided without warranties to the maximum extent permitted by law.
• (e) Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation, all subject to the limitations in this EULA.
• (f) Intellectual-property rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual-property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim, subject to the limitations in this EULA.
• (g) Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• (h) Developer name and address. Any questions, complaints, or claims regarding the App should be directed to: DEEPSPACEOTTERS LLC, 3 H. Hakobyan St., Yerevan 0033, Republic of Armenia, info@deepspaceotters.com.
• (i) Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using the App (see Section 6).
• (j) Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.

12. Google Play — Additional Terms

If you obtain the App from Google Play, your use of the App is also subject to the Google Play Terms of Service and other applicable Google terms. Google is not a party to this EULA and is not responsible for the App or its content. To the extent the Google Play terms impose requirements on end-user license agreements, this EULA is intended to be consistent with them, and the provision more protective of the user governs where those terms so require.

13. Export controls and sanctions

The App and related technology may be subject to export-control and sanctions laws and regulations. You agree to comply with all such laws and regulations, and you represent and warrant that you are not located in, under the control of, or a national or resident of any country or a party subject to applicable embargoes or restrictions, and that you will not use or export the App in violation of those laws (see also Section 11(g)).

14. Governing law

This EULA is governed by the laws of the Republic of Armenia, without regard to its conflict-of-laws rules, and the dispute-resolution and venue provisions of the Terms of Service (§16) apply to disputes arising out of or relating to this EULA, except where mandatory law (e.g. consumer-protection law in your country of residence) provides otherwise.

15. Changes to this EULA

We may update this EULA from time to time. If we make material changes, we will make the updated version available with a new "Effective date" and, where required by law or by the applicable app store, provide additional notice — which may include asking you to review and accept the updated EULA within the App. Your continued use of the App after an update becomes effective means you accept the revised EULA. If you do not agree, stop using and delete the App.

16. Contact us

Questions about this EULA:

• DEEPSPACEOTTERS LLC
• 3 H. Hakobyan St., Yerevan 0033, Republic of Armenia
• Registration no.: 999.110.1611980
• TIN: 08334744
• Email: info@deepspaceotters.com

This document should be read together with our Terms of Service and Privacy Policy.

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