Terms of Service

Effective date: 16 July 2026

These Terms of Service ("Terms") form a binding contract between you ("you", "user") and Davi Silva de Vasconcellos ("we", "DeepRegatta"), the operator identified in the Legal Notice. They govern your use of the DeepRegatta website, the OSCAR post-race analytics application, the Retrace race-strategy research application, and the Passage weather-briefing and routing application (together, the "Service"). By creating an account or using the Service you accept these Terms. If you do not accept them, do not use the Service.

Commercial features such as paid subscriptions are not currently live. If paid plans or other paid features are introduced in the future, these Terms will be updated before launch to include the applicable pricing, billing, cancellation and payment terms.

1. The Service

OSCAR is a post-race analytics service for offshore sailing. It ingests public race tracker data and user uploads, combines them with third-party meteorological reanalysis products, and produces performance metrics, polar analysis, routing comparison and tactical insights.

Retrace is a research-results site that presents findings from machine-learning analysis of historical offshore races, derived from public race tracker data and modelled meteorological reanalysis products. It requires no account and presents statistical findings, playbooks and race explorations for educational and informational purposes.

Passage is a browser-based decision aid for planning offshore passages. It combines route and boat information with third-party weather, wave, current, coastline and marine-warning data to produce forecast briefings, personal-limit assessments, departure comparisons and computed candidate routes. Passage does not issue official forecasts or warnings and does not replace the skipper, crew, onboard instruments, current charts, Notices to Mariners, or the relevant national meteorological and maritime authorities.

2. Eligibility and accounts

You must be at least 16 years old to create an account. Retrace and Passage can currently be used without creating an account. If you create an account for any part of the Service, you agree to provide accurate information and to keep your credentials confidential. You are responsible for everything that happens under your account. Notify us at [email protected] if you suspect unauthorised use.

3. Acceptable use

You agree not to:

Scrape, crawl or automate extraction of data from the Service beyond what our published APIs allow;
Reverse engineer, decompile or otherwise attempt to derive non-public source code or analytical models used by the Service, including OSCAR's polar-performance model and the models behind Retrace's findings;
Use OSCAR or Retrace for rating, handicap calculation or protest evidence, or use OSCAR, Retrace or Passage for search and rescue, navigation, or any safety-critical purpose (see §6);
Republish Service-generated analytics, briefings or route outputs commercially without written permission;
Upload content you do not have the right to share, or content that infringes a third party's rights;
Interfere with the Service's infrastructure, probe for vulnerabilities without coordination, or use the Service to transmit malware.

4. Your content and browser-local data

When you upload a polar file, instrument log, route or sail plan to OSCAR, you keep ownership of that content. You grant DeepRegatta a worldwide, non-exclusive, royalty-free licence to host the content and to process it for the purpose of producing analytics for you. If you set the optional share with fleet flag when uploading, you additionally grant us the right to use the content in anonymised, aggregated form to improve OSCAR's models. You can revoke this flag at any time from your account. You may delete OSCAR uploads at any time; doing so removes them from our systems within 30 days.

Passage currently performs per-user analysis in your browser. Your planner draft, boat limits and saved briefings are stored locally in your browser and are not uploaded to DeepRegatta merely because you enter, compute or save them in Passage. You remain responsible for managing, exporting and deleting this browser-local data. Clearing browser storage, changing browser or device, using private-browsing mode, or browser storage failure may permanently remove it.

5. Public race data

OSCAR analyses publicly broadcast race-tracker data, and Retrace publishes research findings derived from the same public data. Sailors depicted in OSCAR analyses or Retrace findings may request removal or anonymisation of their data at any time; see the Privacy Policy, §7.

6. Important analytics and passage-planning disclaimer

OSCAR analytics are estimates, not measurements. They are derived from public race tracker data (which may itself be incomplete or erroneous) and from modelled atmospheric and oceanographic reanalysis products (including, but not limited to, ECMWF ERA5 and Copernicus Marine Service). Modelled wind and current fields have finite spatial and temporal resolution and will not match onboard instrument readings exactly.

Retrace findings are statistical patterns from historical races, not predictions or guarantees. They describe what tended to happen across past races as reconstructed from public tracker data and modelled reanalysis; they may not hold for your boat, crew, race, or conditions, and the underlying data and models carry the same limitations as OSCAR's. Retrace outputs are educational and informational only.

Passage outputs are forecasts and model-based estimates, not observations or instructions. Weather, wave, current, coastline, polar, warning and map data may be delayed, unavailable, incomplete, inaccurate or unsuitable for local conditions. Computed routes and departure comparisons simplify real conditions and may omit hazards, traffic, regulations, tidal effects or other constraints. A personal-limit assessment is not a declaration that a passage is safe, and model agreement is not proof.

OSCAR and Retrace must not be used for rating, handicap adjustment, protest evidence, navigation, search and rescue, routing decisions made in real time during a race, or any other safety-critical or officially binding purpose. Passage must not be used as a sole or primary source for navigation, voyage approval, marine warnings, search and rescue, or any safety-critical decision. Always consult current official forecasts and warnings, appropriate charts and publications, and exercise independent seamanship. The skipper remains solely responsible for the vessel, crew, route and decision to depart, continue, alter or abandon a passage.

The Service is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement, to the maximum extent permitted by applicable law.

7. Intellectual property

The DeepRegatta, OSCAR, Retrace and Passage names, the logos and the software powering the Service are our intellectual property or are licensed to us. These Terms do not transfer any of those rights to you. Service-generated analytics, briefings and route outputs remain subject to these Terms and may not be redistributed commercially without our written permission.

Public race data remains the property of the respective race organisers and tracker operators. Third-party font, map, coastline, polar, warning, meteorological and oceanographic data are used under their respective licences and terms.

8. Liability

To the fullest extent permitted by law, DeepRegatta's total aggregate liability to you arising out of or in connection with the Service is limited to the greater of (i) the amounts you paid to us in the 12 months preceding the event giving rise to the claim, or (ii) EUR 50. We are not liable for indirect, incidental, consequential, or punitive damages; loss of data; loss of profits; loss of sponsorship; or damage to reputation, to the maximum extent the law permits.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death, personal injury, gross negligence or fraud.

9. Termination

You can delete your account at any time from the account menu inside OSCAR, or by emailing [email protected]. Deleting your account removes your profile, boats, uploaded files and routing plans from our systems. Passage data stored only in your browser is not controlled by account deletion and must be removed through Passage or your browser settings. We may suspend or terminate your account if you materially breach these Terms, with notice where feasible. Sections that by their nature should survive termination (in particular §§6, 7, 8, 10) survive.

10. Governing law and disputes

These Terms are governed by the law applicable to the operator's establishment, without regard to conflict-of-laws rules, subject to any mandatory consumer-protection rules that apply in your country of habitual residence. Any dispute arising out of these Terms will be submitted to the courts that are competent under applicable law, subject to any mandatory consumer jurisdiction rules.

We are not obliged to and do not participate in dispute-resolution proceedings before a consumer arbitration board.

11. Changes to these Terms

We may update these Terms as the Service evolves. We will post the updated Terms here and update the "Effective date" above. For material changes, we may also provide an additional notice on the website or inside an affected application where reasonably practical. If you do not agree with the new Terms, stop using the Service before they take effect.

12. Contact

General enquiries and privacy requests: [email protected].