01 Who provides the service
Waypost is an independent service, made in Spain. Its email address is support@sendwaypost.com. In these terms, “Waypost”, “we” and “us” refer to the provider of the service.
These terms apply to the Waypost app and to the dashboard for organisers on sendwaypost.com. By using the app, or by creating an account on the dashboard, you accept them. How we handle personal data is set out in the privacy policy, which forms part of these terms.
02 Waypost is not an emergency service
If you are in danger, call 112 or the emergency number of the country you are in. Do not wait for someone to read an email.
Waypost sends your position by email. For an alert to go out and arrive, several things are needed that do not depend on us: signal, battery, the phone's system not closing the app, the permissions staying granted, the email provider delivering it and someone reading it in time. A position may be inaccurate or arrive late.
That is why Waypost is an extra aid, not a substitute for planning your outing, telling someone your plan, carrying the right gear or the rescue services. The same goes for a race: tracking helps the organiser, but it does not replace its safety measures.
03 The app
The app is free and has no accounts. So that an installation cannot be used to send bulk email, there is a limit on alerts per installation and a minimum interval between alerts.
By using it you agree to:
- add as contacts only people who are happy to receive your alerts;
- not use it to track another person without their knowledge, or to harass anyone or send illegal or offensive content in the email message;
- not try to get around the limits, or to access the server in any way other than through the app.
You can stop using it whenever you like by deleting it from your phone.
04 If you run a race
The race is organised by an organiser separate from Waypost, which decides who takes part and on what conditions, and is answerable for the event. We only provide it with the tracking tool. Any complaint about the race itself (registration, the rules, results, the price of your bib) goes to the organiser.
Your registration link is personal. Do not share it: whoever uses it will join the race as if they were you.
05 If you organise: the account
The dashboard is for clubs, companies, associations and other organisers that put on sporting events. By creating an account you declare that you have authority to accept these terms on behalf of your organisation and that the information you provide is true.
You are responsible for what is done with your account: keep your password safe and let us know if you think someone else knows it.
Setting up a race on the dashboard costs nothing. You pay when you add participants, as explained below.
06 Price and payment
- You pay per participant, in tiers: each participant costs whatever the tier they fall into sets, and the tiers get cheaper as the race grows. Current prices are on the dashboard's home page, and the exact amount is shown before you pay.
- Payment is made in advance, by card or another method offered by Stripe, on Stripe's payment page.
- The amount is calculated by the server, and it is the one shown on the payment screen. A paid order is not recalculated even if prices change later.
- Once payment is confirmed, we create the bibs and send each participant their link. From that moment the service ordered has been provided.
- Prices include any applicable taxes, unless the payment screen says otherwise. If you need an invoice, ask for it at support@sendwaypost.com.
07 Refunds
Because the links are sent as soon as payment is confirmed, the service for an order is provided in full at that moment, and by paying you expressly request that it be provided straight away. So once the links have been sent, there is no right of withdrawal and no refund for participants who end up not running or for a race that is cancelled.
We do refund what was charged if the mistake was ours: a duplicate charge, an amount different from the one shown on screen, or links that were never sent because of a fault in the service. Write to us within 30 days of payment.
This does not limit any rights the law gives you if you contract as a consumer.
08 Your participants' data
Your participants' data is yours: you decide what it is used for and you are the controller. Waypost processes it on your behalf, as a processor, and this section is the data processing agreement required by Article 28 of the General Data Protection Regulation.
Your responsibilities
- Having a legal basis for giving us each participant's name, email address and bib number, and informing them that Waypost will be used to track the race.
- If minors take part, having the consent of their parents or guardians.
- Using what you receive during the race (tracks, checkpoint times, withdrawals) only for the safety and management of your event, and keeping it only for as long as necessary.
Our responsibilities
- Processing that data only to provide the service to you and in line with your instructions, which are the ones you give by using the dashboard.
- Ensuring that anyone who accesses it is bound by confidentiality.
- Protecting it with appropriate measures: access only with your account, registration links stored as hashes, encrypted connections and servers in the EU.
- Using only the sub-processors listed in the privacy policy, under contracts that require the same of them, and notifying you before adding a new one so that you can object.
- Helping you respond to your participants' requests and notifying you without undue delay if there is a security breach that affects them.
- Deleting each race's data no later than one year after it ends, or sooner if you ask us, and giving you the information you need to demonstrate that we comply.
09 Acceptable use and suspension
Emails to participants are sent from Waypost's domain, so the dashboard may not be used for anything other than organising races: not to send advertising, not to write to people who have not registered, and not for illegal, misleading or offensive content.
If an account breaches these terms, or is used by someone who is not a genuine organiser, we may suspend it. We will let you know by email, explaining why, unless doing so would make the abuse easier. If the suspension is not due to a breach on your part and you have paid orders that have not been used, we will refund them.
10 Availability and changes to the service
We work to keep Waypost running at all times, especially during races, but we cannot guarantee there will be no outages: it depends on third-party services, the network and phones. We may improve, change or withdraw features. If we ever stop providing the dashboard, we will give at least 60 days' notice and refund what was paid for races that have not yet taken place.
11 Liability
We are liable, without any limit, for damage we cause wilfully or through gross negligence, and for harm to life, body or health caused by our negligence. Outside those cases, and to the extent the law allows:
- we are not liable if an alert is not sent, does not arrive or arrives late for reasons beyond our control, such as those in section 2;
- we are not liable for how an organiser runs its race or for what it does with the data it receives;
- towards an organiser, our total liability for an order is limited to what it paid for that order.
If you use the app as a consumer, none of this limits the rights the law gives you.
12 Intellectual property
The app, the dashboard, the website, the Waypost brand and its design are ours. We give you permission to use them for what they are made for, not to copy or resell them. What you upload (your races, routes and texts) remains yours; you only give us permission to use it as far as needed to provide the service to you. The maps use data © OpenStreetMap contributors.
13 Changes to these terms
If these terms change, the date at the top changes with them. Organisers will be notified of significant changes by email at least 30 days before they apply; if you do not agree, you can stop using the service and ask us to close your account. Orders already paid are governed by the terms in force when they were paid.
14 Governing law and complaints
These terms are governed by Spanish law. Before anything else, write to us: almost everything gets sorted out that way. Otherwise, the courts with jurisdiction under the law will be competent; if you are a consumer, you can always go to the courts where you live and you keep the protection given to you by the law of your country of residence.
Waypost publishes these terms in several languages. If there are any differences between versions, the Spanish version prevails.
15 Contact
support@sendwaypost.com
Waypost · Spain