1. Definitions

“Gusty”or “we” refers to the Gusty platform operated by [legal name], NIF [NIF], registered in Portugal.
“School”or “you” refers to the business entity using the Gusty platform to manage bookings.
“Admin”refers to the person managing the school's account on Gusty.
“Instructor” refers to individuals assigned by the school to deliver lessons.
“Student” refers to any person booking a lesson through the platform.
“Platform” refers to the Gusty website, application, and all related services at gustyapp.com and its subdomains.
“Mini site”refers to the school's public page at [slug].gustyapp.com.

2. The Service

Gusty provides a booking management platform for water sports schools, including: scheduling and calendar management, public mini sites, payment processing facilitation, weather integration, WhatsApp and email notifications, equipment management, and student records.

Gusty is an intermediary and marketplace. Gusty does not provide, manage, or supervise surf, kite, or any other water sports lessons. The contract for any lesson or activity is between the student and the school. The school is solely responsible for the quality, safety, insurance, and delivery of their activities.

3. Account and Registration

To use Gusty, you must register an account and provide accurate information about your school. You must be a legally operating business entity or registered self-employed individual.

You are responsible for maintaining the security of your account credentials and for all activity under your account. Notify us immediately at hello@gustyapp.com if you suspect unauthorized access.

Each school has one account. Multi-location schools may request additional accounts.

4. Subscription Plans and Pricing

Gusty offers subscription plans with different feature sets. Details of available plans, features, and pricing are displayed on the platform and may change over time.

Subscriptions are billed monthly unless otherwise agreed.
We will give at least 30 days' notice before any price increase takes effect.
A platform fee may apply to student bookings. The percentage and calculation method are clearly stated in your plan details.
Late payments may result in temporary suspension of services until payment is resolved.

5. School Obligations

By using Gusty, you agree to:

Provide accurate information about your school, lesson types, pricing, and availability.
Maintain valid insurance for water sports activities as required by local regulations.
Comply with all local regulations for operating a water sports school, including safety standards, instructor qualifications, and equipment maintenance.
Manage your bookings responsibly and fulfill confirmed bookings in good faith.
Not use the platform for any illegal or unauthorized activities.
Respond to student inquiries and complaints promptly.

6. Intellectual Property

Gusty's rights:Gusty owns all rights to the platform, software, brand, design, and documentation. Nothing in these terms grants you rights to Gusty's intellectual property beyond the right to use the platform as intended.

Your rights: You retain all rights to your content, including photos, descriptions, and school information. By uploading content to Gusty, you grant us a non-exclusive, worldwide license to display and distribute it on the platform (including your mini site) for the duration of your subscription.

You represent that your content does not infringe third-party intellectual property rights.

7. Data Processing

Gusty processes student personal data on your behalf. Under the GDPR, you (the school) are the data controller and Gusty is the data processor for student data.

Both parties have obligations under the GDPR. A Data Processing Agreement (DPA) is available and forms part of these terms. The DPA covers:

Types of data processed (student name, email, phone, skill level, booking history)
Security measures and encryption
Sub-processor management and notification
Data breach notification (within 72 hours)
Data deletion and return upon termination
Audit rights

For details, see our Privacy Policy.

8. Limitation of Liability

Gusty is not liable for: the quality or safety of lessons provided by schools, weather conditions, student injuries, equipment failures, or any acts or omissions of the school, its instructors, or students.

To the maximum extent permitted by law, Gusty's total liability for any claim arising from or related to the platform is limited to the fees paid by the school to Gusty in the preceding 12 months.

Under Portuguese law (Decreto-Lei 446/85), we cannot exclude liability for: death or personal injury caused by our negligence, intentional acts, or gross negligence. Nothing in these terms limits these mandatory protections.

Neither party shall be liable for failure to perform due to circumstances beyond their reasonable control (force majeure), including natural disasters, pandemics, government actions, or internet outages.

9. Suspension and Termination

By you: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. Your mini site and booking functionality will remain active until then.

By Gusty: We may suspend or terminate your account if you violate these terms. Except in urgent cases (fraud, illegal activity, safety concerns), we will provide written notice and a reasonable opportunity to remedy the breach.

After termination: Your data will be retained for 90 days, during which you may request a full export. After 90 days, data will be anonymized or deleted in accordance with our Privacy Policy.

10. Modifications

We may update these terms from time to time. For material changes, we will provide at least 30 days' notice via email. Continued use of the platform after the notice period constitutes acceptance of the updated terms.

If you do not agree with the changes, you may cancel your subscription before the changes take effect.

11. Governing Law

These terms are governed by the laws of Portugal. Disputes shall be resolved in the courts of Lisbon, Portugal, or the court of the school's location within Portugal if applicable.

EU commercial mediation is available as an alternative dispute resolution mechanism.

Terms of Service