Terms of Use for Personal Accounts

1. Scope and contracting party

1.1 These Terms of Use govern the personal account in strokebook between the member and espressino GmbH (hereinafter «espressino»). They apply from the creation of the account.

1.2 Use of strokebook in the club context (for example the logbook, boat reservation and kiosk use in the clubhouse) is governed by the General Terms and Conditions between espressino and the club; in this respect the member uses strokebook as an auxiliary of the club. These Terms of Use apply solely on a supplementary basis to the personal account.

1.3 The processing of personal data in the personal context is described in the Privacy Policy on strokebook.club; in this respect espressino is the controller under data protection law.

2. Account creation and minimum age

2.1 The creation of a personal account is voluntary. It requires membership of a club with an active strokebook contract.

2.2 Personal accounts may be created independently from the completed 16th year of age; younger members require the consent of their legal guardians for this.

2.3 On registration the member shall provide accurate information, shall keep their login credentials secret and shall not make the account available to third parties.

3. Scope of services

3.1 The personal account is currently free of charge. It comprises the personal account settings as well as access to strokebook within the club context.

3.2 Features labelled «Beta» or «experimental» are provided in their current state («as is») and may be changed, restricted or removed at any time; the member derives no claims from this.

3.3 There is no entitlement to the continued provision of services free of charge. espressino may discontinue or modify such services, or offer them only against payment, subject to three months' notice.

3.4 espressino may offer chargeable premium features in the future. These are entered into directly between the member and espressino on separate terms, which are communicated to the member before purchase. Premium features give rise to neither rights nor obligations for the club.

4. Linkage of the account and termination

4.1 The personal account is linked to membership of the club. It ends when (a) the member deletes the account, (b) membership of the club ends, or (c) the contract between the club and espressino ends.

4.2 Upon termination the account is closed and the data it contains is deleted within 30 days, subject to statutory retention obligations. If the account ends pursuant to Section 4.1(b) or (c), espressino shall inform the member in advance by e-mail to the address on file and shall grant, from the date of that notice, a period of 30 days for the release of data before deletion takes place. The member's right to the release of data under applicable data protection law remains unaffected.

4.3 Data in the club context (for example the club's logbook) remains with the club; its processing is governed by the contract between the club and espressino.

4.4 espressino may suspend or close the account where there are concrete indications that its use infringes these Terms of Use or applicable law. Where reasonable and possible, espressino shall inform the member in advance.

5. Obligations of the member

5.1 The member shall use strokebook lawfully, shall not infringe any rights of third parties and shall not interfere with the application, its security or the data of other users.

6. Not an emergency or rescue system

6.1 strokebook is not an emergency, alerting, monitoring or rescue system and must not be used as a basis for safety-relevant decisions on or by the water. GPS, position, route and distance data may be incomplete, delayed or erroneous.

7. Liability

7.1 espressino is liable without limitation for damage that it has caused unlawfully and intentionally or through gross negligence, as well as in further cases of mandatory statutory liability. In all other respects, espressino's liability in connection with the free personal account is excluded. Liability for personal injury, liability under the Product Liability Act and further mandatory statutory liability provisions remain unaffected. For chargeable premium features, the terms agreed for them apply.

8. Amendments

8.1 espressino may amend these Terms of Use. Amendments are notified in the app or by e-mail at least four weeks before they take effect. If the member continues to use the account thereafter, the amendments are deemed accepted; the member may delete the account at any time.

9. Final provisions

9.1 Swiss law applies, to the exclusion of its conflict-of-laws rules. Mandatory statutory provisions, in particular mandatory places of jurisdiction for consumers and mandatory provisions of the law of the member's place of habitual residence, are reserved; in all other respects the place of jurisdiction is Zurich.

9.2 Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.