Surf Eye is operated by:

Surf Eye provides automated recording, processing and digital-content delivery technology at participating surf parks and venues.

Surf Eye does not operate the surf park, wave-generating system or surf sessions themselves.

For these Terms:

“Venue” means a participating surf park or other location where the Surf Eye Service is available.

“Session” means a defined surf booking or period of surfing at a Venue for which Surf Eye may generate an album of captured Content. Separately booked or identified surf sessions are treated as separate Sessions, even where they occur on the same day.

“Content” means videos, photographs and other media generated or made available through Surf Eye.

“Album” means a collection of Content that Surf Eye's systems associate with a particular surfer during a Session.

“Preview” means Content made available for limited viewing before purchase.

“Session Credit” or “Credit” means a prepaid entitlement that can be redeemed against one eligible Session at the specified Venue.

“Session Pack” or “Pack” means a purchase containing more than one Session Credit.

“Subscription” means a recurring plan providing the individual subscriber with access to eligible Sessions at a specified Venue during the applicable subscription period.

Surf Eye uses automated cameras, local processing equipment, software and other technology to detect, record and organise surfing activity at participating Venues.

Surfers may be recorded while participating in a Session regardless of whether they have created a Surf Eye account or purchased Content.

Surf Eye's systems may automatically create separate Albums for different surfers detected in the water. The camera system does not necessarily know the identity of the person being recorded. Users subsequently identify and claim the Album that belongs to them.

At certain Venues, Surf Eye may integrate with the Venue's booking system. Where privacy controls are enabled, access to Albums may be restricted to people registered for the relevant Session.

The exact features, camera configuration, number of cameras, Content available and method of accessing Albums may vary between Venues.

You must be at least 16 years old to create and manage your own Surf Eye account.

If you are under 18, you may use Surf Eye and make purchases only with the permission of a parent or legal guardian.

If you are under 16, a parent or legal guardian must create or manage the account on your behalf and may claim or purchase Content for you.

Different requirements may apply where mandatory local law requires them.

You are responsible for:

• providing accurate account information;
• maintaining the confidentiality of your login credentials;
• all activity carried out through your account; and
• promptly notifying Surf Eye if you believe your account has been accessed without permission.

Surf Eye accounts, Subscriptions, Credits and Packs are personal. You must not share your account credentials or allow another person to use your account to obtain Content or benefits to which they are not entitled.

You may only claim or access:

• an Album that belongs to you; or
• an Album belonging to a minor or another person whom you are legally authorised to represent.

You must not intentionally claim, access, view, purchase or download another surfer's Album or Content.

Because Albums are generated automatically, Surf Eye cannot guarantee that every incorrect or unauthorised Album claim will be prevented before it occurs.

If Surf Eye reasonably believes that an Album has been claimed incorrectly or without authorisation, Surf Eye may investigate and may:

• remove the Album or Content from an account;
• reassign the Album where appropriate;
• restrict access;
• suspend or terminate an account; and
• take other reasonable steps to protect the affected surfer or the integrity of the Service.

If you have obtained another person's Content without authorisation, you must delete all copies in your possession or control and must not publish, share or otherwise use that Content.

If you believe another person has accessed or claimed your Album without permission, contact info@surfeye.video.

Surf Eye may provide limited video and photo Previews before a Session is purchased.

Previews are provided to help you evaluate the available Content. They are illustrative only. Individual videos and photographs within the purchased Session may differ in angle, framing, visibility, lighting, conditions and other characteristics. Providing access to a Preview does not grant you a licence to download or otherwise use that Preview.

Unless the relevant Content has been purchased or otherwise lawfully made available to you, you must not:

• download or save Previews;
• screen-record or screen-capture Previews;
• copy, extract or reproduce Previews;
• attempt to access the underlying media files;
• bypass technical restrictions or access controls; or
• use any other method intended to obtain Content without purchasing or otherwise being authorised to access it.

Surf Eye may suspend or terminate accounts used to circumvent these restrictions.

Surf Eye operates under different commercial models depending on the Venue.

7.1 Purchases directly from Surf Eye

Where you purchase through the Surf Eye website or checkout and Surf Eye Lda. is identified as the seller, your purchase is made from Surf Eye Lda. and is governed by these Terms.

7.2 Purchases through a Venue

At certain Venues, Surf Eye products may be sold or pre-purchased through the Venue's booking or payment system.

Where the Venue is identified as the seller, your purchase is made from the Venue and the Venue's own payment, cancellation, withdrawal and refund terms apply to that transaction.

Surf Eye remains responsible for investigating technical issues relating to the Surf Eye technology and Service.

If Surf Eye confirms a technical issue affecting a purchase made from a Venue, Surf Eye may communicate the result of that investigation to the Venue. Any financial refund or commercial credit relating to a transaction sold by the Venue must normally be processed by the Venue.

The identity of the seller applicable to a purchase should be shown before the purchase is completed.

For purchases sold directly by Surf Eye, the price applicable to the purchase will be shown before checkout.

Displayed prices include applicable VAT, sales tax or equivalent transaction taxes where required. Payments made directly to Surf Eye are processed through Stripe.

Payment authorisation, banking networks and payment-processing infrastructure may be operated by Stripe, your bank, your card issuer or other third parties. Surf Eye cannot guarantee that a particular payment method or transaction will be authorised or available. A failed or declined payment does not create an entitlement to the relevant Content, Credit, Pack or Subscription.

Surf Eye may change its prices, Packs, Subscription prices, promotions and available products at any time for future purchases. A price change will not retroactively alter the price of a completed one-time purchase.

Changes to the price of an existing recurring Subscription will apply only to a future renewal and, where required, will be communicated before that renewal so that the subscriber can cancel before the new price takes effect.

Session Credits and Packs are:

• valid only at the Venue for which they were purchased;
• personal to the account holder;
• non-transferable; and
• not shareable between multiple surfers.

Standard Surf Eye Session Credits do not currently expire.

If Surf Eye offers a separate promotional or time-limited product in the future, any different validity period will be clearly disclosed before purchase.

Once a Session Credit has been redeemed against a particular Session, that allocation is final and the Credit cannot normally be moved to another Session merely because the user changes their mind or is dissatisfied with their surfing or with the surf conditions.

If a user does not surf a planned Session, an unused Credit remains in the account unless it has already been validly redeemed or otherwise used in accordance with the applicable purchase conditions.

If Surf Eye permanently stops providing the Service at a Venue and unused paid Credits can no longer reasonably be used, Surf Eye may provide an appropriate remedy for Credits purchased directly from Surf Eye, which may include a proportionate refund of the unused value.

Mandatory consumer rights remain unaffected.

Surf Eye may offer Subscriptions with monthly, annual or other stated billing periods.

Unless expressly stated otherwise before purchase, Subscriptions automatically renew at the end of each billing period and the applicable subscription fee will be charged using the payment method on file.

A Subscription:

• applies to one individual subscriber;
• applies only to the specified Venue;
• provides access to eligible Sessions for that subscriber during the active subscription period; and
• cannot be shared, transferred or used to obtain Content for another person.

To prevent a Subscription from renewing, you must cancel it before the next renewal through:

Profile → Cancel Subscription

Cancellation stops future automatic renewals.

Unless otherwise required by law, cancelling a Subscription does not terminate access immediately. The Subscription remains active until the end of the period already paid for.

Cancellation during a paid billing period does not normally entitle you to a proportionate refund for the unused portion of that period.

This does not affect remedies available for a material failure of the Service or rights that cannot legally be excluded.

Surf Eye Content is digital content that may be generated, processed and supplied shortly after a Session or purchase.

Where permitted by applicable law, you may be asked at checkout to:

• expressly consent to the supply of the purchased digital Content beginning immediately; and
• acknowledge that, once supply begins, you may lose any statutory right to withdraw from the purchase without giving a reason.

Where the legally required consent and acknowledgement have been obtained and supply of the purchased digital Content has begun, the statutory change-of-mind withdrawal right may no longer apply.

For these purposes, Content may be considered supplied when the purchased Content is made available to you through your Surf Eye account. You do not need to download the Content for supply to have begun.

The fact that you did not download, save or watch purchased Content does not by itself create a right to a refund.

Unused Credits or other products for which supply has not yet begun may remain subject to statutory withdrawal rights where required by applicable law.

Nothing in these Terms removes or limits any withdrawal, refund or other consumer right that cannot legally be waived.

Surf Eye is designed to automatically capture surfing activity, and we strive to capture each surfer's waves.

However, Surf Eye relies on automated cameras, local processing systems, software, network connections and other technical infrastructure. We therefore do not guarantee that every individual wave will always be recorded, processed, correctly assigned or made available.

Where multiple cameras or camera angles are installed, Surf Eye aims to operate the available cameras reliably but does not guarantee that:

• every camera will operate continuously;
• every wave will be captured by every camera;
• every available camera angle will be provided for every wave; or
• any specific minimum number of videos, photographs or camera angles will be generated.

Content may be unavailable or incomplete because of circumstances including:

• camera or equipment failure;
• processing or software failure;
• network or connectivity issues;
• temporary system interruptions;
• obstruction of the camera view;
• lighting or environmental conditions;
• surfers overlapping or obstructing one another;
• Venue operations;
• maintenance;
• power failure; or
• circumstances outside Surf Eye's reasonable control.

The purchase of a Session relates to the Content successfully captured and assigned to the relevant Album, subject to any mandatory consumer rights concerning material technical failures.

Albums may continue to be processed after they first become available. Surf Eye may perform additional processing or fine-tuning to improve the allocation of Content to the correct Albums.

As a result, Content may be added, removed or corrected after an Album first appears.

If you purchase or download an Album before processing has been finalised, additional Content subsequently identified as belonging to you may be added to your purchased Session.

Surf Eye does not guarantee that missing Content can always be recovered.

14.1 Reporting an issue

If you believe there is a technical issue with purchased Content, contact info@surfeye.video.

Technical issues should preferably be reported within five (5) days of purchase so that Surf Eye has the best opportunity to investigate and, where possible, locate or recover missing Content.

A later report may be more difficult or impossible to investigate because of processing and content-retention limitations. The five-day reporting period does not remove or limit mandatory consumer rights that apply for a longer period.

14.2 Investigation

Surf Eye is entitled to investigate a reported issue before determining whether there has been a technical failure and what remedy is appropriate.

You may be asked to provide information reasonably required to identify the relevant account, Venue, Session, Album or Content.

14.3 Missing Content

Where Content is missing because it has not yet been fully processed or correctly allocated, Surf Eye may first attempt to locate, recover or add the missing Content to your account.

An occasional missing wave, photograph or camera angle does not automatically entitle the customer to a full refund.

Where a material amount of purchased Content is unavailable because of a technical failure and the issue cannot reasonably be corrected, an appropriate remedy may include:

• adding or restoring the missing Content;
• a future Session Credit;
• a proportionate refund; or
• where the failure is sufficiently serious, a full refund or replacement Session Credit.

14.4 No refund for subjective dissatisfaction

A refund is not provided merely because:

• you are dissatisfied with your surfing performance;
• you did not surf as many waves as expected;
• the waves or surf conditions were not as expected;
• you dislike your appearance;
• you prefer a different camera angle;
• you dislike the framing, positioning or aesthetic characteristics of otherwise functional Content;
• another surfer appears incidentally in the recording;
• the Venue shortened, changed, delayed or cancelled part of the surf experience;
• you chose not to download the Content; or
• you changed your mind after the purchased digital Content was supplied, where the applicable statutory withdrawal right has validly ended.

This distinction does not apply where the issue amounts to an actual lack of conformity or other technical failure for which applicable law provides a remedy.

14.5 Purchases made from a Venue

Where the Venue, rather than Surf Eye, sold the relevant product, Surf Eye will investigate technical problems with the Surf Eye Service, but requests for monetary refunds, cancellation or commercial credits must normally be made to the Venue in accordance with the Venue's applicable policies.

Surf Eye and its licensors retain the intellectual-property rights they hold in the Surf Eye platform, systems, technology and Content.

When Content belonging to your Session is lawfully purchased or otherwise made available to you, Surf Eye grants you a personal, worldwide, non-exclusive and non-transferable licence, to the extent Surf Eye holds the relevant rights, to:

• watch the Content;
• download and store it;
• make reasonable edits for personal use;
• share it privately with friends and family; and
• publish it on your own personal social-media accounts.

Unless Surf Eye gives prior written permission, you may not:

• sell or resell the Content;
• sublicense the Content;
• commercially distribute the Content;
• use the Content in third-party advertising or commercial productions;
• create or distribute libraries or datasets containing Surf Eye Content;
• scrape or systematically extract Surf Eye Content;
• use Surf Eye Content to train, fine-tune, develop, test or benchmark artificial-intelligence, machine-learning, computer-vision, biometric or similar models or systems;
• use another surfer's Content;
• represent that Surf Eye or a Venue endorses a product, business or organisation; or
• use the Content unlawfully or in a way that infringes another person's rights.

Ordinary personal editing tools and normal publication on your personal social-media accounts are permitted.

Surfing takes place in a shared physical environment. Content may therefore incidentally include other surfers, staff or other people who were present in the recording area.

Access to or purchase of Content does not remove any privacy, image, personality or other rights that another person may have under applicable law.

You are responsible for ensuring that your publication or use of Content complies with applicable law and does not unlawfully infringe another person's rights.

Surf Eye may restrict access to or remove Content where reasonably necessary to address privacy, safety, legal or rights-related concerns.

Surf Eye provides recording, processing and digital-content technology.

Unless expressly stated otherwise, Surf Eye does not operate or control:

• the surf park or lagoon;
• the wave-generation system;
• the quality, size, frequency or availability of waves;
• surf-session scheduling;
• Session duration;
• Session cancellations or delays;
• coaches, instructors or lifeguards;
• surfer supervision;
• safety procedures;
• water or weather conditions;
• access to the Venue;
• allocation of surfers to groups or waves; or
• other Venue operations.

Complaints or claims relating to those matters should be directed to the relevant Venue.

A problem with the surf experience itself does not constitute a technical failure of the Surf Eye Service.

Surfing involves inherent risks.

Surf Eye is a recording service and does not supervise surfing activities or determine whether conditions are safe.

You remain responsible for:

• surfing safely and within your ability;
• following Venue rules;
• following instructions from Venue personnel, coaches and lifeguards;
• assessing the risks associated with surfing; and
• behaving responsibly around other surfers.

You must never take additional risks, ignore safety instructions, interfere with other surfers or alter your behaviour in an unsafe way in order to obtain Surf Eye Content.

Nothing in these Terms excludes liability that cannot legally be excluded.

You must not:

• use Surf Eye for unlawful or fraudulent purposes;
• share your account or Subscription with another person;
• access or attempt to access another person's account or Album;
• intentionally claim another surfer's Content;
• bypass access controls or payment restrictions;
• interfere with Surf Eye cameras, network equipment or other hardware;
• interfere with the normal operation of the Service;
• introduce malicious software or harmful code;
• scrape or systematically extract data or Content;
• reverse engineer the Service except where applicable law expressly permits it;
• use automated tools to obtain unauthorised access to the Service;
• use Surf Eye Content to create datasets or train algorithms contrary to Section 15; or
• use Surf Eye in a way that infringes another person's rights.

Surf Eye may take reasonable technical and legal measures to prevent or investigate misuse.

Surf Eye may restrict, suspend or terminate access to an account where reasonably necessary, including where:

• these Terms are materially breached;
• account or Subscription sharing is detected;
• another person's Content is knowingly accessed or claimed;
• payment fraud or misuse is suspected;
• a payment is reversed or charged back without valid basis;
• technical or security controls are deliberately circumvented;
• the account is being used unlawfully; or
• continued access creates a material security, privacy or legal risk.

Where appropriate and reasonably possible, Surf Eye may give notice before terminating an account.

Serious misuse, fraud, unauthorised access to another surfer's Content or deliberate circumvention of security measures may result in immediate suspension.

Suspension or termination for a user's material breach does not automatically create a right to a refund.

Mandatory consumer rights remain unaffected.

Surf Eye aims to provide a reliable Service but does not guarantee continuous or uninterrupted availability.

Surf Eye may maintain, modify, update or replace its:

• software;
• cameras and hardware;
• processing methods;
• interfaces;
• features;
• pricing models;
• recording configurations; and
• supported Venues.

The Service may differ between Venues.

Temporary downtime, maintenance or changes to the Service do not automatically create a refund entitlement unless they amount to a material failure of a purchased service under applicable law.

Surf Eye will not materially reduce a service that has already been purchased in a manner that unlawfully removes mandatory consumer rights.

Unclaimed or unpurchased Content is retained only for a limited period.

Depending on the Venue and applicable processing and privacy settings, unclaimed Content is typically available for approximately 12 to 30 days after the Session and may then be permanently deleted.

Purchased Content is currently retained in the user's account without a fixed expiry date.

However, Surf Eye does not guarantee permanent or lifetime cloud storage.

You should download and securely store any purchased Content that you wish to retain permanently.

Surf Eye may change its storage and retention practices in the future. Where reasonably practicable and appropriate, Surf Eye will provide notice before removing purchased Content because of a general change in storage policy.

Content may also be removed earlier where reasonably necessary for legal, privacy, security or technical reasons.

Personal-data retention is further described in the Surf Eye Privacy Policy.

Surf Eye may rely on or integrate with third-party systems, including:

• Stripe;
• Venue booking systems;
• cloud and hosting infrastructure;
• network providers;
• authentication providers; and
• mobile or web-platform services.

Those third-party systems may be subject to their own terms and policies.

Surf Eye is not responsible for failures of third-party systems that Surf Eye does not control, except to the extent applicable law provides otherwise.

The Surf Eye name, branding, website, platform, software, interfaces, camera systems, processing systems, algorithms, databases, technology and other proprietary materials are owned by or licensed to Surf Eye Lda. and are protected by applicable intellectual-property laws.

Except for the limited licence granted for lawfully obtained Content under Section 15, these Terms do not transfer any intellectual-property rights to you.

Nothing in these Terms grants permission to copy, reproduce, reverse engineer, commercially exploit or create derivative systems from the Surf Eye platform or technology except where expressly permitted by applicable law.

Surf Eye processes personal data in accordance with the Surf Eye Privacy Policy and applicable data-protection law.

The Privacy Policy provides information about matters including:

• recording at participating Venues;
• account information;
• booking-system integrations;
• Content processing;
• retention;
• data sharing;
• user rights; and
• contact information for privacy matters.

Where Surf Eye wishes to use identifiable Content for marketing or promotional purposes, any consent or other lawful basis required under applicable law will be handled separately where necessary.

Nothing in these Terms excludes or limits:

• mandatory consumer rights;
• liability that applicable law does not permit Surf Eye to exclude or limit;
• liability for fraud or fraudulent misrepresentation; or
• any other liability that cannot lawfully be excluded.

To the extent required by applicable consumer law, Surf Eye is responsible for losses that are a reasonably foreseeable consequence of Surf Eye's breach of these Terms or failure to exercise legally required care.

To the extent permitted by law, Surf Eye is not responsible for losses resulting from matters outside Surf Eye's reasonable control, including:

• the inherent risks of surfing;
• accidents or injuries not caused by Surf Eye;
• wave quality or wave-generation systems;
• Venue operations;
• Session cancellations, delays or changes;
• actions of coaches, lifeguards, Venue staff or other surfers;
• weather, water or environmental conditions;
• failures of Venue-controlled systems;
• failures of third-party services outside Surf Eye's reasonable control;
• unauthorised access resulting from the user's intentional sharing of account credentials; or
• the user's failure to comply with Venue rules or safety instructions.

Surf Eye does not guarantee that every wave, photograph or camera angle will be successfully captured.

If you use Surf Eye primarily for business or commercial purposes contrary to the intended personal-use nature of the Service, Surf Eye will not be responsible for loss of profits, loss of business, loss of opportunity or other indirect commercial losses to the extent permitted by law.

Surf Eye may update these Terms from time to time to reflect changes to:

• the Service;
• technology;
• commercial models;
• security requirements; or
• applicable law.

The current version will be made available through the Surf Eye website.

Changes will apply prospectively.

Where required by applicable law, Surf Eye will provide reasonable notice of material changes affecting an existing Subscription or continuing service.

Changes to these Terms will not retroactively remove rights relating to a completed purchase where doing so would be unlawful.

If you have a complaint relating to Surf Eye, please contact us first at: info@surfeye.video

We will try to resolve the matter directly.

Consumers may also submit a complaint through the Portuguese Electronic Complaints Book (Livro de Reclamações Eletrónico), available at www.livroreclamacoes.pt.

Consumers may also refer eligible disputes to an Alternative Consumer Dispute Resolution (ADR) entity.

For disputes falling within its territorial and material competence, consumers may contact:

Centro de Arbitragem de Conflitos de Consumo de Lisboa (CACCL) Website: www.centroarbitragemlisboa.pt

Depending on the circumstances of the dispute, another recognised Portuguese ADR entity may be competent. The current list of recognised ADR entities is available from the Portuguese Directorate-General for Consumer Affairs (Direção-Geral do Consumidor).

Nothing in this Section limits a consumer's right to bring a claim before a court with jurisdiction under applicable law.

These Terms are governed by the laws of Portugal.

If you are a consumer resident in another country, this choice of law does not deprive you of mandatory consumer protections that apply to you under the laws that would otherwise be applicable.

Consumers may bring claims before any court having jurisdiction under applicable law.

To the extent that a dispute is not a consumer dispute and the parties are legally permitted to agree jurisdiction, the courts of Lisbon, Portugal shall have exclusive jurisdiction.

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

If Surf Eye does not immediately enforce a provision of these Terms, this does not mean Surf Eye has waived the right to enforce it later.

Surf Eye may transfer or assign its rights and obligations under these Terms as part of a restructuring, merger, sale, transfer of business or similar transaction, provided that doing so does not unlawfully reduce consumer rights.

You may not transfer your account, Subscription, Credits or rights under these Terms to another person except where Surf Eye expressly permits it or applicable law requires otherwise.

These Terms, together with the applicable purchase information, Privacy Policy and any specific conditions expressly disclosed before purchase, constitute the agreement governing your use of the Surf Eye Service.

Where a Venue is the seller of a purchase, the Venue's applicable sales terms additionally govern that transaction.

For questions, complaints, technical issues or other matters relating to Surf Eye, contact: info@surfeye.video