Agreement
These Terms of Service (“Terms”) govern your use of the SmartSurf website, app, hardware preorder and related services at app.smartsurf.cloud (“SmartSurf” or the “Service”), powered by Senlay. SmartSurf is operated by founder Viktor Kryvotsiuk from Hoi An, Vietnam. By creating an account, signing in with Google, placing an order, or using the Service, you agree to these Terms and the Privacy Policy. If you do not agree, do not use SmartSurf.
Who may use SmartSurf
You must be at least 16 years old and legally able to enter into these Terms. If you use SmartSurf for a school, club, business, or other organization, you represent that you are authorized to accept these Terms for that organization. Do not create an account for, invite, or submit personal information about anyone under 16 unless SmartSurf has separately confirmed the arrangement in writing and the responsible organization has a valid legal basis and any required parent or guardian consent.
Your account
You are responsible for accurate account information, keeping your credentials secure, and activity performed through your account. Google sign-in is optional. Linking Google authorizes SmartSurf to use the basic Google account information described in our Privacy Policy for authentication. Notify us promptly if you suspect unauthorized access.
Decision support—not a safety authority
SmartSurf provides informational decision support. It is not emergency, navigation, rescue, medical, coaching, or final safety advice. Conditions can change rapidly and data can be delayed, incomplete, inaccurate, or unavailable.
You remain solely responsible for checking local conditions and warnings, inspecting equipment, assessing your ability, following laws and access rules, and deciding whether to enter or remain on the water. Never rely on SmartSurf as your only source. When evidence is insufficient or sources disagree, wait and verify conditions locally. Do not use the Service where failure or delay could cause death, personal injury, or serious property or environmental damage.
Permitted use
You may use SmartSurf for lawful personal or authorized organizational watersports planning. You agree not to:
- Break laws, violate access restrictions, endanger others, or misrepresent SmartSurf output as official safety guidance.
- Probe, bypass, disable, or interfere with security, authentication, quotas, or service operation.
- Use automated means to scrape or overload the Service, resell access, or share credentials except through an expressly supported integration.
- Upload malicious code, infringe rights, impersonate another person, or submit information you are not entitled to use.
Your information and feedback
You retain your rights in information you submit. You grant us a limited, worldwide license to host, process, reproduce, and transmit that information only as needed to operate, secure, support, and improve SmartSurf. You are responsible for having the rights and permissions needed to submit it.
If you voluntarily provide product feedback or ideas, we may use them without restriction or payment, provided we do not publicly identify you without permission.
Plans and payments
Some features may be free, limited, paid, or offered as a trial. Prices, included usage, renewal terms, and cancellation options are shown before purchase. Intelligence Pro periods are paid once and do not auto-renew. If you buy a paid period, you authorize the payment provider to charge the displayed amount and applicable taxes. Except where law requires otherwise, software fees already paid are non-refundable.
A SmartSurf Tracker preorder costs USD 299 per unit. Checkout collects a USD 149.50 deposit per unit through PayPal; the remaining USD 149.50 per unit is due before final assembly. The Rider + Board Duo contains two Trackers and costs USD 598 total with USD 299 due as the refundable deposit. The 10-Tracker School Pack costs USD 2,990 total with a USD 1,495 refundable deposit. Tracker and School Pack deposits are refundable in full until we notify you in writing that production of the relevant units is beginning. After that notice, deposits are non-refundable except where applicable law requires otherwise. Custom Board pricing and payment milestones are confirmed separately in the shaping quote.
PayPal processes online payments; SmartSurf does not receive full card details. Taxes, duties, shipping charges, estimated dispatch windows, and any country-specific restrictions will be disclosed or confirmed before the remaining hardware balance is collected. We may change future pricing with reasonable notice, but will not retroactively change a completed purchase.
Hardware warranty
SmartSurf Trackers carry a one-year limited warranty from delivery against manufacturing and sealing defects. The warranty does not cover impact damage, loss, misuse, unauthorized opening or modification, unsupported charging or mounting, ordinary battery wear, cellular coverage, or damage caused by use outside the supplied instructions. Statutory consumer rights that cannot lawfully be excluded remain unaffected.
Third-party services and data
SmartSurf relies on Senlay, forecast models, sensor networks, mapping, Google authentication, communications providers, and other third-party services. Their availability, accuracy, and terms are outside our control. Links to third-party websites do not imply endorsement. Third-party services may process information under their own terms and privacy policies.
Ownership
SmartSurf, its interface, software, branding, and original content are owned by or licensed to us and are protected by applicable intellectual-property laws. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to use the Service; they do not transfer ownership. Open-source components remain governed by their applicable licenses.
Availability and changes
We may add, remove, limit, suspend, or change features as the Service evolves. We do not promise uninterrupted availability or preservation of every forecast, observation, alert, or historical record. Scheduled monitoring and notifications may be late or may not arrive, so they must not be used as emergency alerts.
Suspension and termination
You may stop using SmartSurf at any time and may request account deletion by emailing viktor@senlay.cloud. We may suspend or terminate access when reasonably necessary to protect users or the Service, respond to legal requirements, address non-payment, or enforce these Terms. Provisions that by their nature should survive termination—including ownership, disclaimers, and limitations—will survive.
Disclaimers
To the maximum extent permitted by law, SmartSurf is provided “as is” and “as available”. We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted availability. We do not warrant that a forecast, observation, confidence score, learned pattern, recommendation, or notification is complete, current, locally representative, or suitable for your activity.
Limitation of liability
To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, loss of data, revenue, profits, opportunities, or goodwill, or injuries or losses arising from watersports decisions or reliance on conditions data. Where liability cannot lawfully be excluded, it will be limited to the greater of the amount you paid for SmartSurf during the three months before the event giving rise to the claim or USD 50. These limitations do not exclude liability that applicable law does not allow us to limit.
Changes to these Terms
We may update these Terms as SmartSurf changes. We will post revised Terms here with a new effective date and provide additional notice when legally required. Continuing to use the Service after revised Terms take effect means you accept them.
Contact
Questions about these Terms, orders, cancellations, or refunds may be sent to smartsurfsolar@gmail.com. Privacy and account-deletion requests may also be sent to viktor@senlay.cloud. We encourage you to contact us first so we can try to resolve concerns directly.