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Terms of Service

Effective 15 September 2026 · Last updated 15 September 2026 · Version 1.3

These Terms are an agreement between you and IDFALCON PTY LTD (ABN 12 684 389 188), the operator of Fetch ("Fetch", "we", "us" or "our"). They apply to the Fetch mobile application (the App), the Fetch Club portal (the Portal) and services made available through fetchthemark.com (together, the Service).

1. Eligibility and acceptance

You must be at least 18 years old and have legal capacity to create an account or buy a subscription. By creating an account, selecting the acceptance box or otherwise expressly accepting these Terms, you agree to them. If you use the Service for a club or another organisation, you also confirm that you are authorised to bind it; "you" then includes it.

Our Privacy Policy explains how we handle personal information. Acknowledging it confirms that you received the notice; it is not consent to any use that requires separate consent by law.

2. The Service and accounts

Fetch provides course information and sailing tools, including bearing, distance, rounding, race, track, replay and club-administration features. Available features depend on your plan, device, club and permissions.

Fetch is offered in Australia and may be expressly made available to adults in the European Union, European Economic Area and United Kingdom after the applicable local launch requirements are completed. An accessible Website, translation or store listing alone does not mean that we offer accounts or paid services in every country. Do not create an account from a country where we have not expressly made the Service available.

You must provide accurate account information, keep your sign-in credentials secure and promptly tell support@fetchthemark.com if you suspect unauthorised access. You are responsible for activity through your account unless it results from our failure to take reasonable care.

You must not unlawfully access another account or system, interfere with security or availability, introduce malicious code, scrape the Service at scale, infringe another person's rights, or reverse engineer the Service except where applicable law permits it.

3. Navigation and sailing safety

Fetch is an aid only. It is not a certified marine navigation instrument, emergency service or substitute for charts, official race documents, a proper lookout, prudent seamanship or compliance with collision and marine-safety rules.

Sailing and yacht racing involve inherent risks, including collision, grounding, capsize, weather, equipment failure, serious injury and death. This is a safety warning, not an exclusion of any liability that cannot lawfully be excluded.

You must:

Do not use the Service as the sole or primary means of navigation, for an emergency, or to decide whether conditions are safe. Nothing in it is an instruction to alter course, stand on or give way.

Mobile GPS, compass, network, battery and sensor data can be delayed, unavailable or inaccurate. Marks move; course and rounding data can be wrong or out of date; and the Service can fail. A displayed bearing, distance, position, forecast or rounding direction therefore may not represent the actual situation. Use the manual override where available and report suspected errors.

4. Club, race and user-provided information

Clubs and authorised users provide some marks, courses, races, entries and results. Unless we expressly say otherwise, Fetch does not independently survey a mark or verify club-supplied information. Anyone submitting information must be authorised and take reasonable care that it is accurate, lawful and not misleading.

You retain ownership of content you submit. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, adapt and display it only as reasonably needed to operate, secure and improve the Service and provide the sharing or publication you select. The licence ends on deletion, except for backup copies and shared official race records described in the Privacy Policy.

Recorded race tracks are private by default. If you choose to share a track, the sharing controls and Privacy Policy describe who may view it. You must have any authority needed to submit information about crew, members or other people.

Positions shared with a club. A sailor may choose to share their boat's live position with the club running a race. A club and its users may use a shared position only to run that race. They must not copy, record, publish or pass it on, except where the law requires, and must not make sharing a condition of entering a race. Shared positions can be late, missing or wrong. They are not a tracking, safety or emergency service, and a club's sign-on, sign-off and safety procedures still apply.

5. Plans, trials, billing and price changes

Browsing courses, and racing club races on the course map, are free. Paid Yacht and Club features, current prices, billing periods and inclusions are shown before purchase. Storefront prices and currencies can vary. If checkout conflicts with general marketing copy, checkout controls for that purchase.

A trial is available only when the offer shown to your account says so. The offer will state its duration, included tier, whether payment details are required and what happens at the end. A store may determine eligibility. A Portal trial that does not request payment details expires without charging you; continued paid access requires a separate purchase.

Paid subscriptions recur for the period displayed at checkout until cancelled. Apple and Google purchases follow the applicable store billing, cancellation and refund rules. Portal purchases are processed by Stripe. Cancel before renewal through the store or billing screen used for purchase, or by emailing support@fetchthemark.com. Cancellation normally takes effect at the end of the paid period and does not delete your Fetch account.

We may change a price for a legitimate commercial reason. A change applies only to a future renewal, never retrospectively. We will give at least 30 days' notice for a direct-billed Portal subscription; a store will use its required notice or consent process. You may cancel before the first renewal at the new price. Continuing after that renewal authorises the new price only where required notice and consent were given.

Except where these Terms say otherwise, payments are not refundable for change of mind or an unused part of a period. This does not limit any remedy under the Australian Consumer Law, another applicable law or mandatory store rules.

6. Our intellectual property and licence

We and our licensors own the Service, including its software, design, branding and content other than user-provided content. While you comply with these Terms, we give you a personal, limited, non-exclusive, non-transferable and revocable licence to use it for its intended sailing and club purposes. The licence does not permit resale, sublicensing or commercial exploitation. We may use voluntary feedback without restriction or payment, without publicly identifying you as its source.

7. Consumer guarantees, disclaimers and liability

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies those guarantees, any remedy for their breach, or any other right or liability that cannot lawfully be excluded, restricted or modified.

Subject to that saving, we do not promise that the Service will always be available, uninterrupted, error-free or suitable for a particular race or purpose. Third-party information is subject to sections 3 and 4.

To the maximum extent permitted by law, neither party is liable for indirect or consequential loss that was not reasonably foreseeable when these Terms were accepted, or for lost profit, revenue, opportunity, goodwill or anticipated savings. This does not apply where liability cannot lawfully be limited.

For all claims arising from the same event that the law permits us to limit, our aggregate liability is limited to the greater of AUD 1,000 and the fees you paid for the Service during the 12 months before that event.

The exclusions and cap do not apply to:

Each party must take reasonable steps to reduce loss. Our liability is reduced to the extent your act or omission, or that of a third party outside our reasonable control, contributed to it.

8. Responsibility for third-party claims

You indemnify us against a third-party claim and reasonable direct defence costs only to the extent caused by your fraud, wilful misconduct, deliberate unlawful use, or knowing infringement of that party's intellectual-property or privacy rights. It does not apply to ordinary navigation or race decisions, your direct loss, or the extent our negligence, breach or wrongdoing contributed. We must promptly notify you, mitigate the claim, and not make an admission or impose a non-monetary obligation on you in settlement without your consent.

9. Privacy

Our Privacy Policy describes personal-information handling. Our Cookie Policy describes cookies and similar browser storage on the Website and Portal. Device permissions, track sharing, sharing your position with your club, marketing subscriptions and other optional features may require separate choices.

10. Changes to the Service or these Terms

We may make proportionate changes for a change in law, security risk, technology, provider requirement, product functionality or reasonable commercial needs. A change will not retrospectively remove an accrued right.

For a material, potentially detrimental change, we will normally give at least 30 days' email or in-Service notice and explain the change and start date. Urgent legal or security changes may use shorter reasonable notice. We will request express acceptance where law requires it or the contractual use of the Service would materially change.

If a material change substantially reduces a paid feature during your current period, you may cancel before it starts and request a pro-rata refund for the unused affected period. This does not apply to a non-detrimental change or one required to address your breach, law or an urgent security threat. Continued use alone is not acceptance where express consent is required.

11. Suspension, termination and service closure

You may stop using the Service and delete your account through Settings. Subscription cancellation and account deletion are separate actions.

We may proportionately restrict or suspend access to investigate or address a security risk, unlawful conduct, harm, non-payment or breach. Unless the issue is serious, urgent or cannot be remedied, we will give notice and at least 14 days to remedy it before termination.

If we permanently discontinue a paid Service for reasons other than your breach, we will give reasonable notice and provide it to the end of the current period or provide a pro-rata refund for the unused period. A store refund may need to be requested through the store, without limiting remedies required by law. Provisions intended to continue after termination survive.

12. App stores, governing law and disputes

Applicable Apple or Google store terms also apply. These Terms are between you and IDFALCON PTY LTD, not the store operator. To the extent its rules require, the store has no maintenance or support obligation, is not responsible for App claims, and is a third-party beneficiary of provisions benefiting it. This does not limit a mandatory store remedy or our legal duties.

First send a dispute to legal@fetchthemark.com so we can investigate in good faith. This does not prevent urgent relief or contact with a regulator or consumer body. Victorian law governs these Terms and Victorian courts have non-exclusive jurisdiction, subject to any mandatory right to use another court or tribunal.

13. General and contact

An unlawful or unenforceable provision is read down to the minimum necessary; the rest remains effective. Delay is not waiver. We may transfer these Terms in a genuine restructure, financing or business sale if your rights are not materially reduced; otherwise we will seek required consent. You may not transfer your account or these Terms without our consent.

IDFALCON PTY LTD (ABN 12 684 389 188)
legal@fetchthemark.com
support@fetchthemark.com