SWAY Terms of Use

Effective date: 7 November 2026 · Version 3.0

Short version. SWAY records and shares your sailing. Recording, stories and replay are free. SWAY Plus is a yearly subscription for one Breeze, bought and cancelled in the App Store or Google Play. SteerClear AIS and autopilot control help you decide, but the skipper is always responsible: keep a proper lookout. Your trips are yours. Dutch law applies, and as a consumer you keep all your rights. The full terms below are what counts.

1. Who we are and what these terms cover

1.1 SWAY is a trade name of Skysense B.V., Langsom 20, 1066 EW Amsterdam, the Netherlands, Chamber of Commerce (KvK) number 73302341, VAT number NL859448848B01, email info@sway-sailing.com ("SWAY", "we", "us").

1.2 These terms apply to the SWAY apps for iOS and Android, the SWAY web app, the SWAY cloud service, and the software (firmware) on the SWAY Breeze (together the "Service"). They form an agreement between you and us when you create an account or start using the Service.

1.3 The purchase of a SWAY Breeze itself is covered by the terms of sale of the shop where you bought it (see section 11).

1.4 If you downloaded the app from the App Store, Apple's Licensed Application End User License Agreement also applies. If these terms and Apple's differ on the use of the app, the terms that give you more rights apply. Section 16 has more about the app stores.

1.5 You can save or print these terms from this page. Earlier versions are available on request.

2. What SWAY does

2.1 With a SWAY Breeze connected to your boat's instruments, SWAY records your trips (position, wind, speed and other boat data), turns them into stories you can replay and share, shows live data on your phone, and shows nearby vessels that transmit AIS.

2.2 Free. These features are free: recording, stories and replay, the live dashboard and wind, and the AIS target list.

2.3 SWAY Plus (paid, see sections 4 and 5) adds autopilot control, SteerClear AIS advice and live tracking.

2.4 The Service depends on things outside our control: your boat's instruments and network, your phone, Wi-Fi and internet connections, and services from others such as Google (hosting), Apple and Google (app stores and payments) and RevenueCat (managing subscriptions). We do our best to keep SWAY available and working, but we cannot promise it will always be available or free of errors.

3. Your account

3.1 You need an account to use SWAY. You must be 16 or older. If you are younger, a parent or guardian must agree to these terms for you.

3.2 Give correct details and keep your password to yourself. Tell us at info@sway-sailing.com if you think someone else is using your account.

3.3 You can delete your account in the app at any time (You › Settings › Delete account). What we delete and what we must keep for a while is explained in the Privacy Policy. Deleting the app or your account does not cancel a SWAY Plus subscription; cancel it in your store first (section 5.4).

4. SWAY Plus

4.1 One Breeze. SWAY Plus is bought for one SWAY Breeze, which you choose when you buy it. It works with that Breeze, for you and anyone else who uses that Breeze through SWAY. It cannot be moved to another Breeze.

4.2 If the Breeze changes hands, breaks or is lost. If you sell or give away the Breeze, Plus stays on it until the end of the period already paid. The subscription itself stays in your App Store or Google Play account, so cancel it there if you do not want it to renew. If your Breeze is replaced under warranty, or is lost, stolen or broken beyond repair, contact us and we move Plus to your new Breeze for the rest of the paid period.

4.3 Offline use. The Breeze checks the Plus status when it is online. Plus keeps working for about 15 days without a connection and for about 15 days after a renewal payment has failed while the store retries.

4.4 Never off mid-passage. When Plus ends, its features switch off only when the Breeze is docked or stationary, never during a passage. A restart of the Breeze at sea does not count as docked.

4.5 We do not sell one-time codes or vouchers for Plus at the moment. If we do later, we show the price and terms before you buy. A code is digital content: you keep your 14-day right of withdrawal unless you expressly ask us to deliver the code straight away and confirm that you then lose that right; we confirm this to you by email.

5. Buying, renewing, cancelling and refunds

5.1 Price. SWAY Plus costs €16,99 per year including VAT in the Netherlands. The price in your country and currency is shown in the app and in the store before you buy.

5.2 Through the store. You buy SWAY Plus as an in-app purchase from Apple (App Store) or Google (Google Play). The store takes the payment and its purchase terms apply as well. We do not see or store your payment details.

5.3 Automatic renewal. The subscription runs for one year and then renews automatically for another year at the price then in force, unless you cancel at least 24 hours before the end of the current year. The store charges you within the 24 hours before renewal.

5.4 Cancelling. Cancel in your App Store or Google Play subscription settings. In the app: You › Settings › SWAY Plus › Manage. After cancelling, Plus stays active until the end of the year you paid for.

5.5 Your right of withdrawal (EU and UK consumers). You may withdraw from the purchase within 14 days without giving a reason. You buy SWAY Plus through Apple (App Store) or Google (Google Play), so you withdraw through the store: use the store's cancellation or refund request (Apple: reportaproblem.apple.com; Google Play: the order in your Google account). Because Plus starts straight away at your request, you may be charged for the part of the period already used, as the law allows. You can also contact us; we will help.

5.6 Refunds. Apart from your withdrawal right and your other legal rights, refunds are handled by Apple and Google under their refund policies. We cannot refund App Store purchases ourselves.

5.7 Price changes. We tell you about a price change in advance through the store and, where possible, in the app. The store asks for your agreement where the law or its rules require it. You can cancel before the new price applies.

5.8 Your legal rights after renewal. If the law of your country lets you end a renewed subscription earlier than the end of the renewed year, you keep that right. Contact us and we will arrange the refund of the unused part with the store.

6. Safety: read this before using SteerClear AIS or autopilot control

6.1 SWAY is an aid, not a navigation or collision-avoidance system. It does not replace a proper lookout by sight and hearing, radar, watchkeeping, seamanship, the International Regulations for Preventing Collisions at Sea (COLREGs), official charts or your boat's own instruments. The skipper is always responsible for the boat, the crew and every decision.

6.2 AIS has limits. Many vessels do not transmit AIS, or transmit wrong or late data. AIS data can also be missing because of reception, your instruments, the Breeze, your phone or the connection between them. A vessel that is not on the AIS list may still be there.

6.3 SteerClear AIS suggests a course that looks safe based on the AIS data, your boat data and the wind available at that moment. That data and the calculation can be wrong, incomplete or out of date. Use the advice only as one input, check it yourself, and follow the COLREGs.

6.4 Autopilot control. SWAY sends a heading or mode to your autopilot; your autopilot does the steering. It works only with autopilots SWAY supports (listed at help.sway-sailing.com). Stay at the helm and be ready to take over at any moment, for example when a command is not carried out or the connection drops. Autopilot control is new and we are still improving it.

6.5 Do not operate the app in a way that distracts you from sailing safely.

6.6 These warnings do not take away any rights you have by law, including if the Service is defective (see section 13).

7. Your content, sharing and live tracking

7.1 Your content stays yours. Trips, stories, photos, texts and other content you add ("your content") remain yours. You give us a non-exclusive, royalty-free licence to store, copy, process and show your content, only as far as needed to run the Service and in line with the visibility you choose. The licence ends when you delete the content or your account, except for copies others have already legitimately received (for example a story you shared outside SWAY) and backups that are deleted on their normal schedule.

7.2 Visibility. Your profile is public or hidden, and each story is public or private. Public profiles and public stories are shown to anyone, also without an account, and anyone with a SWAY account can follow a public profile. A hidden profile is not shown to other users, and a private story is only available to you and the crew you tag. You can block other users at any time. These settings decide what SWAY shows in the app and on the web.

7.3 Live tracking (Plus). When you switch on live tracking, the Breeze shares your boat's position and data while it is online through the boat's Wi-Fi router. The app shows your live position to you and the people who follow you, for up to 24 hours after the last position. Switch it off in the app at any time. Only switch it on if everyone aboard agrees.

7.4 Other people. If you add crew, names or photos of other people, make sure they agree.

7.5 Rules for content and behaviour. You may not post or share content that is illegal, infringes someone else's rights, or is abusive, harassing, threatening, discriminatory, sexually explicit, defamatory or misleading, and you may not impersonate others or spam.

7.6 Reporting and moderation. You can report a story in the app (Report this story), or report any content or user at info@sway-sailing.com. We review reports, and may also act on our own initiative. We may remove content, limit its visibility, or suspend or close an account that breaks these rules. Our decisions are made by people, not automatically. We tell you what we did and why, unless the law does not allow it, and you can object by replying to that message; we will look at it again. For serious or repeated violations we may close an account without warning.

7.7 Other services. If you connect another service (for example noforeignland) or export your data, what you send there is covered by that service's terms.

8. Privacy and data

8.1 Skysense B.V. is the controller of your personal data. How we use it, including location and trip data, is explained in the Privacy Policy. These terms do not ask for your consent to process data; where we need consent, we ask for it separately.

8.2 Data from your boat. The data the Breeze records from your boat is available to you in the app and can be exported (for example GPX and CSV). We use it to provide the Service. We may use it in anonymised or aggregated form, so that it no longer relates to you or your boat, to improve SWAY.

9. Licence and rules of use

9.1 We give you a personal, non-exclusive, non-transferable licence to use the app, the web app and the Breeze firmware for as long as this agreement runs.

9.2 You may use SWAY on your own boat and on boats you sail, including club, school and charter boats. You may not resell the Service or offer it to others as a service of your own.

9.3 You may not copy, modify, decompile or reverse-engineer the app or the firmware, except where the law allows it (for example to make it work with other software); bypass the Plus check or other technical protections; interfere with or overload the Service; access other users' data without permission; or use the Service for anything unlawful.

9.4 SWAY, the SWAY logo, the app, the firmware and the website are our property or licensed to us. Open-source components are licensed under their own licences, which take precedence for those components.

10. Updates and changes to the Service

10.1 We provide the updates, including security updates, that are needed to keep the Service working as described, for as long as you use it and, for Plus, at least for the period you paid for. Install them when the app offers them. Do not update the Breeze firmware while relying on SWAY underway.

10.2 We may improve, change or add features. If we change a paid feature in a way that is more than a minor disadvantage to you, we tell you at least 30 days in advance (on a durable medium such as email). You may then end your Plus subscription free of charge within 30 days of the change, and we arrange a refund of the unused part.

10.3 We may change or stop a free feature. We tell you in advance, and you can export your trip data before it stops. This never takes away what you need to use your Breeze as described when you bought it (recording your trips, the live dashboard and access to your trip data): we keep that available for at least 5 years after you bought the Breeze.

11. SWAY Breeze hardware

11.1 The Breeze, its warranty and returns are covered by the terms of sale of the shop where you bought it, and by your statutory rights. As a consumer in the EU you have at least the legal guarantee of conformity of two years.

11.2 The Breeze is NMEA 2000 compatible. It is not NMEA 2000 certified.

11.3 Install the Breeze as described in the installation guide. Do not connect it in a way that interferes with the boat's safety systems.

12. Ending the agreement

12.1 You can end this agreement at any time by deleting your account. A running Plus subscription must be cancelled in the store (section 5.4).

12.2 We may suspend or end your account if you seriously or repeatedly break these terms, if the law requires it, or to prevent harm to others. Where reasonable we warn you first. If we end your account without a reason given in these terms while you have Plus, we arrange a refund of the unused part.

12.3 If we stop the Service as a whole, we tell you at least 90 days in advance, give you a way to export your trip data, and arrange a refund of any unused Plus period.

13. Liability

13.1 Consumers keep their rights. If you are a consumer, nothing in these terms limits the rights you have by law, including your rights if the Service does not conform to this agreement and your rights under product liability law (articles 6:185 to 6:193 of the Dutch Civil Code and the equivalent law of your country).

13.2 Nothing in these terms limits our liability for death or personal injury, for damage caused by intent or gross negligence (opzet of bewuste roekeloosheid) of SWAY or its management, or any other liability that cannot be limited by law.

13.3 SteerClear AIS and autopilot control. These are aids: you, as skipper, decide whether to follow advice and whether to let the autopilot steer, and you remain responsible for keeping a proper lookout and following the COLREGs (see section 6). Except as stated in 13.1 and 13.2, we are not liable for loss caused by a decision of the skipper, including following or not following SteerClear advice or using autopilot control; by missing, wrong or late data from your boat's instruments, AIS or other vessels (AIS does not show every vessel); by failures of your phone, boat network, internet connection, app store or other services we do not control; or by use of the Service against these terms or the warnings in section 6.

13.4 In all other cases, and except as stated in 13.1 and 13.2, our total liability towards you is limited to the greater of €500 or the amount you paid for SWAY Plus in the 12 months before the event that caused the loss.

13.5 If you use SWAY for a business (for example as a charter company or a sailing school), sections 13.3 and 13.4 also exclude indirect loss, such as lost profit or lost bookings.

14. Changes to these terms

14.1 We may change these terms, for example for new features or new laws. We tell you about material changes in the app or by email at least 30 days before they apply. Changes that are only to your advantage or required by law may apply sooner.

14.2 If you do not agree to a change, you can end this agreement before it applies; if it affects Plus, we arrange a refund of the unused part.

15. Law and disputes

15.1 Dutch law applies. If you are a consumer living in another country, you keep the protection of the mandatory law of your country.

15.2 Please contact us first at info@sway-sailing.com. Most things can be solved quickly.

15.3 Disputes go to the competent court in Amsterdam. As a consumer you may also take a dispute to the competent court where you live.

16. App Store and Google Play

16.1 This agreement is between you and Skysense B.V., not Apple or Google. We, not Apple or Google, are responsible for the app and its content, support and maintenance.

16.2 If the app does not conform to an applicable warranty, you can tell Apple and Apple will refund the purchase price of the app (if any); beyond that, Apple has no warranty obligation for the app. Apple is not responsible for claims about the app, including product liability claims, claims that the app does not meet legal or regulatory requirements, consumer protection, privacy or similar claims, or claims that the app infringes someone else's intellectual property; we handle these as described in these terms.

16.3 You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on a US government list of prohibited or restricted parties.

16.4 Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you as far as it concerns the app downloaded from the App Store.

16.5 Questions, complaints and claims about the app go to us: Skysense B.V., Langsom 20, 1066 EW Amsterdam, info@sway-sailing.com.

17. Final provisions

17.1 If a provision of these terms is invalid, the rest stays in force, and the invalid provision is replaced by a valid one that comes as close as possible to its purpose.

17.2 We may transfer this agreement to a company that takes over SWAY, provided your rights are not reduced. We tell you in advance.

17.3 These terms are written in English. If we provide a translation and they differ, the version most favourable to you as a consumer applies.

18. Contact

Skysense B.V. (SWAY) · Langsom 20, 1066 EW Amsterdam, the Netherlands · KvK 73302341 · VAT NL859448848B01 · info@sway-sailing.com · sway-sailing.com