Sendoa Terms of Use

Version 1.0, effective 5 September 2026

End-User License Agreement (EULA) for the Sendoa app

Article 1. Parties and purpose

The Sendoa app is published by Makkr, a French simplified joint-stock company (SAS) with a share capital of 5,000 euros, registered office at 47 rue Vivienne, 75002 Paris, France, registered with the Paris Trade and Companies Register under number 108 153 446 ("Makkr", "we"). Contact: [email protected].

These terms form the license agreement between you and Makkr. They apply to the Sendoa iPhone app, its widgets, the "Secret spots" option and the forecast service that feeds the app (together, "Sendoa"). They apply as soon as you install or use Sendoa.

This agreement is concluded between you and Makkr only, and not with Apple (Article 14). If any provision of these terms conflicts with the Usage Rules set out in the App Store Terms of Service, those rules prevail.

Provisions specific to your country of residence are set out in the appendix (France, United States, United Kingdom, Australia, South Africa, Spain). For those countries, the appendix prevails over the rest of these terms.

Article 2. What Sendoa is

Sendoa is a decision-support tool for surfing. It covers spots in France, the United States, the United Kingdom, Australia, South Africa and Spain. For each spot, the app shows the tide, swell, wind and daylight, in the spot's local time and in the country's units, and turns them into a short answer ("Worth it.", "Maybe.", "Not today.", "Big for you.") with a time window.

Sendoa makes no observations of its own: it calculates and aggregates.

• Tides are calculated on your iPhone, offline, from harmonic constants that are either public or derived by Sendoa from public observations (Article 9).
• Swell, wind and weather are forecasts supplied by third parties (Article 9), received through our gateway.
• The answer for each spot is a score that depends on the profile you declared (board, level, maximum wave size, preferences). An inaccurate profile gives unsuitable answers.

Sendoa works with no account, no sign-up, no subscription, no advertising, no usage analytics and no location tracking.

Article 3. What Sendoa is not

Please read this article carefully: it sets out Sendoa's essential limits and the risks of surfing.

1. Sendoa's tides are not official predictions. Do not use them for navigation. They do not come from any official hydrographic service (Shom, NOAA, UKHO, Bureau of Meteorology, SANHO, Puertos del Estado, Instituto Hidrográfico de la Marina or any other).
   • Outside France and the United States, heights are given above a datum calculated by Sendoa. They may differ by 0.1 to 0.3 m from official tide tables.
   • Sendoa checks tide times against real tide gauge records, but this does not guarantee their accuracy. Where no tide gauge serves the coast, the app shows an "approx. tide (distant gauge)", taken from a nearby port and shifted in time.
2. Swell, wind and weather forecasts can be wrong. The app shows the time of the last forecast received. Answers for days further ahead (from the fourth day) are less certain, and the app says so.
3. Sendoa's answer is neither a guarantee of conditions nor safety advice. The app shows some warnings (solid swell, big tides, spot for experienced surfers, wave power). They are indicative only: no warning does not mean no danger.
4. Sendoa does not report local hazards, including rip currents, sharks, jellyfish and other marine life, water quality, rocks and shallow reefs, beach closures, or whether a beach is patrolled.
5. Spot descriptions are indicative and may contain errors (access, bottom, required level, hazards). They are written by Sendoa from general knowledge and have not yet been checked on site.
6. Sendoa is neither a navigation instrument nor a sea safety service. You alone decide whether to go in the water, which spot to choose and whether it suits your level. Before going in, check the conditions on site. Follow local regulations, flags and signs, lifeguard instructions and official warnings. Do not surf beyond your ability.

Article 4. License

Makkr grants you a personal, non-exclusive, non-transferable license to use Sendoa on any Apple-branded device that you own or control, as permitted by the Usage Rules of the App Store Terms of Service. Other members of your Family Sharing group may use Sendoa and the Secret spots option on the same terms.

Except where the law expressly allows it, you may not:

• copy, modify, decompile or disassemble the app;
• extract, reuse or redistribute all or part of the spot database, the tidal constants or Sendoa's texts;
• rent, lend, resell or sublicense the app;
• query the forecast gateway other than through the app, by automated means, or by circumventing its technical limits.

Article 5. Price, purchase and refunds

Sendoa is a one-time purchase, at the price shown on the App Store in your country. Updates are included. There is no subscription.

The "Secret spots" option is a non-consumable in-app purchase: paid once, it remains yours, can be restored from the app ("Restore purchase" button) and shared with your Family Sharing group.

Apple is the seller of the app and the in-app purchase, through the entity that operates the App Store in your country (appendix). Payment, invoicing, taxes, refunds, the right of withdrawal or cooling-off period and Family Sharing are governed by Apple's terms. Makkr receives no payment data and cannot issue refunds itself: requests go to Apple (reportaproblem.apple.com).

Article 6. Forecast service, availability and changes

Tides work offline. Swell and wind require a connection to our gateway; offline, the app shows the last forecast received with its time.

We do our best to keep the gateway running, but we cannot guarantee that it, or our forecast suppliers, will always be available.

Makkr may change Sendoa (spots, countries covered, calculations, presentation). Makkr may also shut down the forecast gateway; if so, we will announce it in the app and on sendoa.app at least 30 days in advance, unless this is impossible, and the app will keep calculating tides and keep your local data. This does not reduce your statutory rights.

Requirements: an iPhone running iOS 26 or later.

Article 7. Your content

What stays on your iPhone. Your profile, favourites, settings and secret spots stay on your phone. They are never sent to us: we need no license to them, and we can neither view nor recover them. They are included in your iPhone backups, which are governed by Apple. Deleting the app erases them.

What you send us. When you send us feedback on an answer or a request to add a spot, you grant Makkr a free, non-exclusive, worldwide license, for the duration of the rights concerned, to use that content to improve Sendoa and expand the spot catalogue, without having to credit you. We never publish a spot request as is: we rewrite and check every spot entry before adding it, and we remain free not to add it.

You agree not to include personal data about other people, or any unlawful, abusive or infringing content.

How we handle what you send is described in the privacy policy.

Article 8. Intellectual property

The app, its code, texts, derived tidal constants, design and the spot database are the property of Makkr. The spot database is also protected by the database producer's right (Articles L341-1 et seq. of the French Intellectual Property Code).

The Sendoa name and logo are used by Makkr.

The logo, the app icon and some illustrations on sendoa.app were generated with artificial intelligence tools, on Makkr's instructions and under its editorial control.

If a third party claims that the app, or your possession and use of the app, infringes its intellectual property rights, Makkr, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

Article 9. Sources and attribution

• Tides, France: harmonic constants derived by Sendoa from tide gauge observations by Shom and the REFMAR network, published under the Licence Ouverte 2.0 (Etalab). No Shom prediction is reproduced.
• Tides, United States: harmonic constants published by NOAA (CO-OPS), public domain.
• Tides, United Kingdom, Australia, South Africa and Spain: TICON-4, DGFI-TUM, under CC BY 4.0, based on GESLA-4 records. Hart-Davis, M. G., Dettmering, D., Seitz, F. (2025), doi:10.17882/109129.
• Tide time checks: records from the UNESCO/IOC Sea Level Station Monitoring Facility and the Environment Agency (United Kingdom), used only for these checks and not redistributed.
• Swell, wind and weather: Open-Meteo, under CC BY 4.0, based on models from Météo-France (AROME, ARPEGE, MFWAM), ECMWF, DWD, NOAA and Copernicus Marine.
• Coastline: GSHHG (Wessel and Smith), used to orient spots, not redistributed.
• Anton, Space Mono and Archivo fonts: SIL Open Font License.

None of these sources is an official prediction, and none of these organisations endorses Sendoa.

Article 10. Liability

Makkr is bound by a best-efforts obligation: we do our best to make calculations, received forecasts and descriptions accurate, but cannot guarantee their accuracy (Article 3).

Makkr is liable for direct damage caused by a breach of its obligations. Makkr is not liable for damage resulting from:

• a decision made solely on the basis of Sendoa's information, when Article 3 sets out its limits;
• use of Sendoa for navigation;
• an inaccurate declared profile;
• failure to comply with local regulations, signs or safety instructions;
• unavailability of the network, the gateway or the forecast suppliers, or force majeure.

Nothing in these terms excludes or limits Makkr's liability for personal injury caused by its fault, gross negligence or fraud, or your statutory rights as a consumer.

Article 11. Warranties

You benefit from the statutory warranties that apply in your country (appendix), including, in France, the legal guarantee of conformity for digital content and services (Articles L224-25-12 et seq. of the French Consumer Code).

Makkr is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Makkr's responsibility.

Article 12. Maintenance and support

Makkr is solely responsible for providing maintenance and support for Sendoa. For any question: [email protected]. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the app.

Article 13. Product claims

Makkr, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of the app, including: product liability claims; any claim that the app fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation.

Article 14. Apple

You acknowledge that this agreement is concluded between you and Makkr only, and not with Apple, and that Makkr, not Apple, is solely responsible for the app and its content.

Apple and Apple's subsidiaries are third-party beneficiaries of this agreement. Upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary.

Article 15. Legal compliance and export control

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Article 16. Third-party terms

You must comply with applicable third-party terms when using the app, such as your mobile data provider's terms.

Article 17. Personal data

Sendoa requires no account and collects no usage analytics. The little data we receive, and only if you choose to send it, is described in the privacy policy.

Article 18. Minors

Sendoa is rated 4+ on the App Store but is not directed at children. If you do not have the legal capacity to enter into a contract, you must use Sendoa with the consent of your parent or legal guardian.

Article 19. Changes to these terms

The version and effective date appear at the top of these terms. We may change them, in particular to reflect changes to Sendoa, a new country or the law. If we make a significant change, we will inform you in the app or on sendoa.app before it takes effect. If you do not agree, you may stop using Sendoa and delete the app.

Article 20. Term and termination

This agreement applies for as long as you use Sendoa. You may end it at any time by deleting the app. Makkr may suspend your access to the forecast gateway in the event of a serious breach of Article 4, in particular automated or abusive use.

Article 21. Complaints

For any complaint, please first write to [email protected]. We reply within a reasonable time. Other remedies (mediation, authorities, courts) depend on your country and are set out in the appendix.

Article 22. Governing law, jurisdiction and language

These terms are governed by French law. If you habitually reside in another country, you keep the benefit of the mandatory consumer protection rules of that country, and the appendix applies.

These terms are available in French, English and Spanish. The French version is the reference version. In case of discrepancy with a translation, the interpretation most favourable to you applies.

Article 23. Publisher's contact details

Makkr SAS, 47 rue Vivienne, 75002 Paris, France. E-mail: [email protected]. Any question, complaint or claim relating to the app should be sent to this address.

Appendix. Country-specific provisions

• France
• United States
• United Kingdom
• Australia
• South Africa
• Spain

This appendix applies according to your country of habitual residence. If it conflicts with the rest of these terms, it prevails. Nothing in these terms deprives you of rights that the law of your country gives you and that cannot be waived by contract. If Sendoa becomes available in a new country, a section will be added for it before launch.

France

• Seller: Apple Distribution International Ltd (Ireland).
• You benefit from the guarantees of the French Consumer Code, including the legal guarantee of conformity for digital content and services.
• You may bring proceedings before the court of the defendant's place of residence or of your own.

United States

• Seller: Apple Inc.
• SURFING IS AN INHERENTLY DANGEROUS ACTIVITY THAT CAN RESULT IN SERIOUS INJURY OR DEATH. SENDOA DOES NOT REDUCE THESE RISKS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ALONE ASSUME THE RISKS OF YOUR SURFING AND OF YOUR DECISIONS, INCLUDING THOSE MADE WITH THE HELP OF SENDOA.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDOA IS PROVIDED "AS IS" AND "AS AVAILABLE", AND MAKKR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKKR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND ITS TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR SENDOA AND ITS IN-APP PURCHASES IN THE TWELVE MONTHS BEFORE THE CLAIM.
• Some states do not allow the exclusion of implied warranties or the limitation of certain damages: in that case, the corresponding provisions do not apply to you, or apply only to the extent permitted. You may have other rights that vary from state to state.
• Disputes may be brought before the courts of Paris, France, or, where the law of your state requires it, before the courts of your state of residence. These terms contain no mandatory arbitration clause and no class action waiver.

United Kingdom

• Seller: Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.
• You have rights under the Consumer Rights Act 2015 for digital content: Sendoa must be of satisfactory quality, fit for purpose and as described. If it is not, you can ask for a repair or replacement, or failing that a price reduction. If faulty digital content supplied by Makkr damages your device or other content, you may be entitled to a repair or compensation. Nothing in these terms affects these rights.
• Makkr does not exclude or limit its liability for death or personal injury caused by its negligence, or for fraud.
• Disputes may be brought before the courts of England and Wales, Scotland or Northern Ireland, depending on where you live.

Australia

• Seller: Apple Pty Ltd.
• Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
• The limitations in Articles 10 and 11 apply only to the extent permitted by the Australian Consumer Law and do not exclude, restrict or modify any guarantee under it.
• You may contact the ACCC (accc.gov.au) or the consumer protection agency of your state or territory. Disputes may be brought before the courts of your state or territory of residence.

South Africa

• Seller: Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.
• You have rights under the Consumer Protection Act 68 of 2008, including the right to safe, good-quality goods. Nothing in these terms limits those rights or Makkr's liability where the law prohibits it.
• Articles 3 and 10 describe the risks of surfing and limit Makkr's liability. They are specifically drawn to your attention, in accordance with section 49 of the Consumer Protection Act.
• The information about Makkr required by section 43 of the Electronic Communications and Transactions Act 25 of 2002 is set out in the legal notice. The cooling-off period under section 44 of that Act is exercised with Apple, the seller of the app, subject to the exclusions in section 42.
• You may contact the National Consumer Commission (thencc.org.za) or the South African courts of your place of residence.

Spain

• Seller: Apple Distribution International Ltd (Ireland).
• You have rights under the consolidated General Law for the Defence of Consumers and Users (Real Decreto Legislativo 1/2007), in particular the guarantee of conformity for digital content and services. Nothing in these terms affects these rights. The provisions of Article 10 apply only to the extent compatible with that law.
• The information required by Article 10 of Law 34/2002 on information society services (LSSI-CE) is set out in the legal notice.
• These terms are available in Spanish at sendoa.app/es/condiciones.
• You may bring proceedings before the courts of your place of residence. You may also contact the European Consumer Centre in Spain or the mediator named for France.