Terms & Conditions
Last updated: 24 April 2026
These Terms & Conditions ("Terms") govern the use of the Aquagear PRO mobile app (the "App") and, to a more limited extent, the website http://www.aquagearpro.com (the "Website"). By using the App and/or Website, you agree to these Terms.
1. Who We Are
The App and Website are operated by Cibocontinental S.R.L. (VAT/CIF: B44726677), Calle Levant 8, 07470 Port de Pollença (Illes Baleares), Mallorca, Spain.
Support: support@aquagearpro.com
Privacy: privacy@aquagearpro.com
2. Core Services (App)
- user account and profile
- map with spots/facilities and search
- weather/conditions data via third parties (e.g., Open-Meteo)
- optional "Condition Alerts" notifications (and, if enabled, background location)
3. Informational Nature and Water-Sports Safety
Content, maps and recommendations provided by the App/Website are informational only and do not constitute professional advice or a guarantee of performance or safety. Weather and sea conditions can change quickly and unexpectedly. Wingfoil and water sports involve inherent risks: you remain solely responsible for your decisions, actions, and safety at all times.
4. Condition Alerts
Alerts and push notifications are optional features. If you enable location-based alerts, you acknowledge that weather/conditions information is indicative and may vary from actual conditions; you remain responsible for independently verifying real conditions and ensuring your own safety. You can disable notifications and/or location permissions at any time in your device settings.
5. Facilities and Brands: Criteria and Transparency
Aquagear PRO may recommend facilities/brands based on quality criteria (e.g., professional website, public reviews, services offered, geographic relevance). Aquagear PRO may also offer paid packages/services (e.g., enhanced visibility, tools, commercial collaborations). Presence or prominence in the App/Website may depend on both quality criteria and commercial arrangements. "Partner" labels or markers may be displayed for transparency.
6. User Content (Photos)
If the App allows content uploads (e.g., photos), you remain the rights holder of that content. You grant Aquagear PRO a non-exclusive, worldwide, royalty-free licence, limited to hosting, storing, transmitting and displaying the content within the App for the sole purpose of providing the requested service. You represent and warrant that you hold the necessary rights and that you will not upload content that is unlawful or infringes third-party rights. Aquagear PRO reserves the right to remove content that violates these Terms. Aquagear PRO will not use your content for marketing purposes outside the App without your further express consent or authorisation.
7. Accounts and Deletion
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Aquagear PRO may suspend or disable accounts for violations of these Terms or for security reasons. To delete your account, go to Profile → Delete account in the App. Refer to the Privacy Policy for details on what data is deleted versus anonymised and the retention periods required by law.
8. Third-Party Links and Services
The App/Website may contain links to third-party websites or services. We do not control those third parties and are not responsible for their content, services, or privacy policies. Access to third-party services is at your own risk.
9. Intellectual Property
All content, graphics, logos, user interfaces and layouts of the App/Website are protected by copyright, trademark and other intellectual property laws. Unauthorised copying, reproduction, distribution or modification is prohibited.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Aquagear PRO is not liable for any indirect, incidental or consequential damages, loss of data, loss of profits, or harm resulting from decisions made based on App/Website content. This limitation does not affect any mandatory rights you may have as a consumer under applicable EU or UK law.
11. Governing Law and Jurisdiction
These Terms are governed by Spanish law. Any disputes shall be subject to the exclusive jurisdiction of the courts of Palma de Mallorca, Spain, without prejudice to any mandatory consumer protection rights applicable in your country of residence under EU or UK law. EU consumers may also use the European Commission's Online Dispute Resolution (ODR) platform.