Terms of Use

Company

H B D C Software Solutions DWC-LLC

Business Center Logistics City, Dubai Aviation City, P.O. Box 390667, Dubai, U.A.E.

Contact: info@ktool.hu

1. Agreement

These Terms of Use (“Terms”) are a contract between you and H B D C Software Solutions DWC-LLC (“kTool”, “we”, “us”). They apply to the kTool web app at https://app.ktool.hu (the “App”), our website at https://ktool.hu (the “Website”) and any related services (together, the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy, which explains how we handle personal data. If you do not agree, do not use the Service.

If you use the Service on behalf of a club, team, federation or company, you confirm that you are authorised to bind that organisation, and “you” means the organisation as well.

2. Eligibility and accounts

3. The Service

kTool is a performance analytics service for sailors and coaches. You upload GPS and sensor recordings from tracking devices, and kTool produces visualisations, manoeuvre and straight-line statistics, inferred wind, comparisons between boats and written reports, which you can use for debriefs and training. Videos you attach are played from your own device and are not uploaded.

The Service analyses recordings after the fact. It is not a real-time or navigation tool. We continuously improve the analysis, which means metrics, features and the way results are calculated may change over time. We may add, change or withdraw features, and we will give you reasonable notice of changes that materially reduce what your subscription includes.

4. Your content and data about other people

Your content stays yours. You keep all rights to the recordings, boat details, notes and other content you upload (“Your Content”). You grant kTool a non-exclusive, worldwide, royalty-free licence to store, process, analyse, display and share Your Content as needed to provide the Service to you and to the people you share sessions with, and to keep it in backups for the retention periods in the Privacy Policy.

Anonymised data. You also allow us to use sensor data from Your Content, with all account, boat and personal identifiers removed, to improve our algorithms and to train the analytics and AI models behind the Service. This de-identified data is kept in a form that does not identify you or any sailor and may be kept after you delete Your Content or your account.

Other people's data. Recordings usually contain personal data of the sailors on board, who may not be kTool users and may be under 16. When you upload data about other people you confirm that you have the right to do so — because you coach them, they are members of your organisation, or you have their permission (or that of a parent or guardian) — and that you have told them their recordings are analysed in kTool. You are responsible for that data and for sharing it only with people entitled to see it. If your organisation needs a data processing agreement, contact us.

You may only upload content that you have the right to use. Do not upload recordings you obtained without permission, content that infringes someone else's rights, or malicious files.

5. Sharing sessions

You can share a session with other kTool users by creating a share link. Anyone with a kTool account who opens the link gets access to that session, including its tracks, boats and analysis. Share links cannot be revoked once opened, so only share sessions with people who are entitled to see the sailors' data in them. Sharing a session does not transfer ownership; the session is deleted for everyone when you delete it.

6. AI-generated reports

Some plans include reports generated by an artificial-intelligence model from your session's analysis results and the notes you enter. AI reports are produced automatically and may contain errors, omissions or conclusions that do not fit your situation. They are informational and advisory only; review them with your own judgement before acting on them. The number of AI reports included in a plan is shown in the App; unused reports do not carry over. While this feature is new, our team may review reports before publishing them and a report may take longer to arrive.

7. Free use, trials, subscriptions and billing

Free use. You can create an account without a payment card, analyse a limited number of your own sessions and explore a demo session. The current free allowance is shown on the Website and in the App and may change.

Free trial. Adding a payment card starts a free trial of the paid features. The trial length and what happens at its end are shown when you start it. Unless you cancel before the trial ends, your paid subscription starts automatically and the fee is charged.

Subscriptions. Paid plans are billed in advance, monthly or yearly, and renew automatically at the end of each period until you cancel. Prices and any applicable taxes are shown at checkout.

Payments. Payments are processed by Stripe under its own terms. We do not receive or store your card details. If a payment fails we may suspend paid features until it succeeds.

Cancellation. You can cancel at any time from the subscription section of the App or by emailing info@ktool.hu. Cancellation takes effect at the end of the current billing period; you keep the paid features until then. We do not refund the unused part of a period unless the law requires it.

Right of withdrawal for consumers in the EU and UK. If you are a consumer in the EEA or the UK, you may withdraw from a paid subscription within 14 days of starting it without giving a reason, by emailing us. By starting to use the paid features during those 14 days you ask us to begin providing the Service immediately; if you then withdraw, we refund the price less an amount proportionate to the period already provided.

Price changes. We may change prices. We will tell you by email at least 30 days before a price change applies to your subscription, and you can cancel before it takes effect. Continuing after that date means you accept the new price.

8. Acceptable use

You agree not to:

9. Intellectual property

The Service, including its software, analytics methods, visualisations, designs, text and trademarks, belongs to H B D C Software Solutions DWC-LLC or its licensors and is protected by intellectual property law. These Terms give you a personal, non-transferable right to use the Service; they do not transfer any ownership. If you send us feedback or suggestions we may use them without obligation to you.

10. Third-party services

The Service works with third-party services such as Stripe for payments, Google for sign-in, Mapbox for maps and race-replay websites you link to in report requests. Those services have their own terms and privacy policies, and we are not responsible for them. Device manufacturers whose file formats we support are not affiliated with kTool.

11. Disclaimers

kTool provides performance analysis based on the data you upload. Results depend on the quality, calibration and completeness of that data and on environmental conditions, so we cannot guarantee that any metric, inference or recommendation is accurate or complete. All outputs — including inferred wind, comparisons and AI reports — are informational and advisory.

Not for navigation or safety. The Service must not be used for navigation, collision avoidance or any decision where safety is at risk. You remain fully responsible for your sailing decisions, including tactical and safety choices.

We aim to keep the Service available and error-free but cannot promise uninterrupted availability or compatibility with every device or file. Nothing in this section limits rights that consumer law gives you and that cannot be excluded, including your right to a service that conforms to the contract.

12. Liability

To the extent permitted by law, H B D C Software Solutions DWC-LLC is not liable for indirect or consequential losses, lost profits, lost data that you could have backed up, or losses arising from reliance on the Service's outputs, and our total liability for all claims arising from the Service in any 12-month period is limited to the amount you paid us in that period (or EUR 100 if you paid nothing).

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or for anything else that cannot be excluded under the law that applies to you.

13. Suspension and termination

You can stop using the Service at any time and ask us to delete your account under Profile → Data management or by email. We may suspend or terminate your account if you materially breach these Terms, if a payment remains unpaid after we have reminded you, or if we are required to by law; where reasonable we will warn you first and give you a chance to fix the problem. We may also discontinue the Service with at least 30 days' notice, in which case we refund any prepaid period you did not receive.

When your account ends we delete Your Content as described in the Privacy Policy. Sections that by their nature should survive — including 4 (anonymised data), 9, 12, 15 and 16 — continue to apply.

14. Changes to these Terms

We may update these Terms. The effective date at the top shows when the current version took effect. For material changes we will notify you by email or in the App at least 30 days before they apply, and you may cancel before then if you do not agree. Continuing to use the Service after a change takes effect means you accept the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, and the courts of Dubai have exclusive jurisdiction over disputes arising from them.

If you are a consumer in the EEA, the UK or Switzerland, this choice does not deprive you of the protection of the mandatory consumer laws of the country where you live, and you may bring a claim in the courts of that country.

Before going to court, please contact us: most problems can be resolved directly and quickly.

16. General

Entire agreement. These Terms, the Privacy Policy and the plan details shown at checkout are the whole agreement between you and kTool about the Service and replace any earlier understanding.

Severability. If any part of these Terms is found invalid or unenforceable, that part is limited or removed to the minimum extent necessary and the rest remains in effect.

No waiver. If we do not enforce a provision immediately, we are not giving up the right to enforce it later.

Assignment. You may not transfer your account or these Terms to anyone else. We may transfer them to a successor of our business, and will tell you if we do.

Events outside our control. Neither of us is liable for a failure to perform caused by events beyond reasonable control, such as outages of third-party providers, network failures or natural events, except for payment obligations already due.

Language. These Terms are written in English. If they are translated, the English version prevails.

17. Contact

For questions or requests related to these Terms:

Email: info@ktool.hu

Address: H B D C Software Solutions DWC-LLC, Business Center Logistics City, Dubai Aviation City, P.O. Box 390667, Dubai, U.A.E.