Terms of Service

1. Acceptance of Terms

By accessing and using Luwatu (“the Service”), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service. These terms constitute a legally binding agreement between you and Luwatu.

2. Description of Service

Luwatu provides:

• A directory platform connecting surfers with surf camps, schools, and related businesses worldwide
• Information about surf destinations, business listings, and related content
• A flight deals newsletter (“Cheap Surf Flights”) with free and premium subscription tiers
• Tools for business owners to manage their listings

Luwatu is a directory and information service. We do not provide travel agency services and are not a party to any transactions between you and listed businesses.

3. User Accounts

Some features of our Service require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain the security and confidentiality of your password
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or use
• Not share your account credentials with others

We reserve the right to suspend or terminate accounts that violate these terms or remain inactive for extended periods.

4. Subscriptions and Payments

4.1 Subscription Plans

We offer free and premium subscription tiers. Premium subscriptions provide additional features such as priority access to flight deals. Subscription details and pricing are displayed at the time of purchase.

4.2 Billing and Auto-Renewal

Premium subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your chosen plan). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. We will charge your payment method on file for the renewal amount.

4.3 Payment Processing

Payments are processed securely by Stripe. By providing payment information, you authorize us to charge your payment method for all subscription fees. You are responsible for keeping your payment information current.

4.4 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will apply to the next billing cycle after the notice period. If you do not agree with a price change, you may cancel before it takes effect.

5. Cancellation and Refunds

5.1 Right of Withdrawal (EU Consumers)

As an EU consumer, you have the right to withdraw from your subscription within 14 days of purchase without giving any reason. To exercise this right, contact us at hello@luwatu.com. We will refund your payment within 14 days of receiving your withdrawal request.

5.2 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• Your subscription will remain active until the end of your current billing period
• You will not be charged for subsequent billing periods
• After 14 days from purchase, no refunds are provided for the current billing period

5.3 Free Trials

If we offer a free trial, you will not be charged during the trial period. Your subscription will automatically convert to a paid subscription at the end of the trial unless you cancel before the trial ends. We will send you a reminder before the trial expires.

6. Business Listings

For business owners who list their services on Luwatu:

• You represent and warrant that you have the authority to list the business
• All information provided must be accurate, current, and not misleading
• You are responsible for keeping your listing information up-to-date
• You are responsible for responding to customer inquiries in a timely manner
• You grant us a license to display your business information, images, and content on our platform
• We reserve the right to remove or modify listings that violate our policies or are reported as inaccurate

7. User Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Post false, misleading, defamatory, or fraudulent content
• Harass, abuse, threaten, or harm other users
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated means (bots, scrapers) to access the Service without our permission
• Interfere with the proper functioning of the Service
• Circumvent any security measures or access restrictions
• Use the Service to send spam or unsolicited communications

8. Email Communications

By creating an account or subscribing to our newsletter, you consent to receive:

• Transactional emails: Account confirmations, password resets, subscription receipts, and important service updates (required for service operation)
• Newsletter emails: Flight deals and surf-related content (you can unsubscribe anytime)

You can manage your email preferences in your account settings or by using the unsubscribe link in our emails.

9. Intellectual Property

All content on Luwatu, including text, graphics, logos, icons, images, and software, is the property of Luwatu or its content suppliers and is protected by French and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

User-submitted content (such as business listings) remains your property, but you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute this content on our platform.

10. Third-Party Links and Services

Our Service may contain links to third-party websites, including listed businesses' websites. We are not responsible for the content, privacy policies, or practices of any third-party sites. Your interactions with third parties, including any transactions with listed businesses, are solely between you and that third party. We encourage you to review the terms and privacy policies of any third-party sites you visit.

11. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, to the maximum extent permitted by applicable law. We do not guarantee:

• The accuracy, completeness, or reliability of any content or listings
• The quality, safety, or legality of services offered by listed businesses
• That the Service will be uninterrupted, secure, or error-free
• The accuracy of flight deal information (prices and availability may change)

This disclaimer does not affect your statutory rights as a consumer under EU law, which cannot be excluded or limited.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Luwatu's total liability for any claims arising from or related to your use of the Service shall not exceed the greater of:

• The amount you paid to us in the 12 months preceding the claim, or
• One hundred euros (€100)

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

These limitations do not apply to: liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, gross negligence, or any other liability that cannot be excluded under applicable law.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Luwatu and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your violation of these Terms of Service
• Your violation of any third-party rights, including intellectual property rights
• Content you submit to the platform
• Your use of the Service in violation of applicable laws

This indemnification obligation does not apply to claims arising from our negligence, breach of contract, or willful misconduct.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms of Service are governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. This choice of law does not deprive you of the protection afforded by mandatory consumer protection laws of your country of residence.

14.2 Dispute Resolution

We encourage you to contact us first at hello@luwatu.com to resolve any issues informally. If we cannot resolve a dispute through informal negotiation, you and Luwatu agree that any legal proceedings shall be brought before the competent courts of Biarritz, France.

14.3 EU Consumer Rights

If you are an EU consumer, nothing in these terms affects your right to bring claims before the courts of your country of residence or to file complaints with consumer protection authorities. You may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/odr.

15. Changes to Terms

We reserve the right to modify these terms at any time. For material changes, we will provide at least 30 days' notice by posting on our website and, for registered users, by email. Your continued use of the Service after the notice period constitutes acceptance of the updated terms. If you do not agree with the changes, you may cancel your account before they take effect.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Contact Information

If you have questions about these Terms of Service: