Terms of Service

• Platform — the AWECEAN website, applications, and services.
• Customer — a user who requests or books a surf lesson.
• Instructor — an independent third party who lists and provides surf lessons through the Platform.
• User — any Customer, Instructor, or visitor of the Platform.
• Booking — a confirmed lesson arrangement between a Customer and an Instructor.
• Stripe — Stripe, Inc. and its affiliates, the third-party payment processor used by AWECEAN.
• Stripe Connect — the Stripe service used to onboard Instructors and route payouts.
• Content — any text, photos, video, reviews, or other material submitted to the Platform.

You must be at least 18 years old and able to form a binding contract under the laws of your jurisdiction to create an account. Minors may participate in a lesson only when booked and supervised by a parent or legal guardian who accepts these Terms on their behalf and assumes responsibility for the minor at all times.

You agree to provide accurate, current, and complete information and to keep it up to date. AWECEAN may refuse, suspend, or terminate accounts at its discretion.

Instructors are independent contractors and not employees, agents, partners, or representatives of AWECEAN. Nothing in these Terms creates an employment, joint venture, partnership, agency, or franchise relationship between AWECEAN and any Instructor or Customer.

Cancellation, rescheduling, and refund rules are described in the AWECEAN Cancellation Policy and Refund Policy and are incorporated by reference into these Terms. In the event of unsafe conditions or other operational issues, AWECEAN or the Instructor may reschedule or refund a lesson in accordance with those policies. Refunds are processed to the original payment method via Stripe.

Users may submit Content to the Platform. "Content" includes, without limitation, profile photos, instructor photos, destination photos, surf-spot photos, videos, audio, captions, descriptions, biographies, lesson descriptions, reviews, testimonials, ratings, comments, messages, and any other media or materials uploaded, posted, or otherwise made available through the Platform.

You represent and warrant that you own or have all necessary rights, licenses, consents, and releases (including from any identifiable person depicted) to submit your Content and that your Content does not violate any law or any third-party right, including intellectual property, privacy, publicity, or moral rights.

You retain ownership of your Content. AWECEAN does not claim ownership of User Content. You grant AWECEAN and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, store, cache, reproduce, modify, adapt, translate, create derivative works of, publicly display, publicly perform, distribute, market, and promote your Content in any media now known or later developed, in connection with the operation, provision, promotion, marketing, and improvement of the Platform and AWECEAN's services, including in advertising, social media, search results, editorial features, partner channels, and press materials referring to AWECEAN. This license continues for any Content that has been shared with others or used by AWECEAN before you remove it.

Reviews and testimonials must reflect a genuine experience. AWECEAN may, but is not obligated to, monitor, edit, refuse, or remove Content that is fraudulent, abusive, off-topic, defamatory, infringing, unlawful, or otherwise in violation of these Terms.

The Platform, including the AWECEAN name, logos, design, software, and other materials (excluding User Content), is owned by AWECEAN or its licensors and is protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose. No other rights are granted.

AWECEAN does not provide, arrange, or supervise medical care of any kind. In the event of an injury, illness, or emergency before, during, or after a lesson, Instructors and AWECEAN personnel may, but are not obligated to, summon emergency services, request medical assistance, or arrange transportation to a medical facility when they reasonably believe such action is necessary.

By using the Platform or participating in a lesson, you authorize Instructors, emergency responders, and medical professionals to administer first aid, emergency medical treatment, and emergency transportation if you are injured, incapacitated, or otherwise unable to make or communicate decisions about your own care. Where the participant is a minor or legally protected person, the parent or legal guardian accepting these Terms grants this authorization on their behalf.

All costs related to medical care, ambulance services, hospitalization, rescue, evacuation, repatriation, and any related treatment are the sole responsibility of the participant (or their parent, guardian, or insurer). AWECEAN does not pay for, reimburse, or guarantee coverage of any such costs.

AWECEAN does not provide and does not arrange the following on your behalf:

• Medical insurance.
• Travel insurance.
• Accident or personal injury insurance.
• Equipment insurance.
• Liability insurance for Customers or Instructors, except where AWECEAN has expressly stated otherwise in a written agreement signed by AWECEAN.

You are solely responsible for obtaining and maintaining any insurance you consider appropriate for your participation in or provision of lessons, including travel, medical, accident, equipment, and (for Instructors) professional liability coverage. Nothing on the Platform should be interpreted as a representation that any insurance coverage exists.

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, AWECEAN disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding accuracy, availability, security, or uninterrupted operation of the Platform.

AWECEAN makes no representation or warranty regarding any Instructor, Customer, lesson, location, surf conditions, or outcomes.

Without limiting the generality of the foregoing, AWECEAN is not responsible for the conduct of any Instructor or Customer, for the planning, supervision, or execution of any lesson, or for any act or omission that occurs before, during, or after a lesson. AWECEAN does not supervise lessons, is not physically present at any lesson, and does not control the conditions under which lessons take place.

To the fullest extent permitted by law, AWECEAN and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to the Platform, any lesson, or these Terms.

To the fullest extent permitted by law, AWECEAN's aggregate liability for any claim arising out of or related to a Booking shall not exceed the platform fees actually received by AWECEAN from that Booking; for claims unrelated to a specific Booking, AWECEAN's aggregate liability shall not exceed one hundred U.S. dollars (USD 100) or its equivalent.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, AWECEAN's liability is limited to the minimum extent permitted by applicable law.

You agree to defend, indemnify, and hold harmless AWECEAN and its affiliates from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Platform; (b) your participation in or provision of a lesson; (c) your User Content; (d) your violation of these Terms; or (e) your violation of any law or right of a third party.

AWECEAN makes no promise, representation, or guarantee to any Instructor regarding:

• The number, frequency, or value of Bookings.
• Lesson volume, occupancy, or utilization.
• Revenue, earnings, payouts, or profitability.
• Visibility, ranking, search placement, featured status, or any other form of promotion on the Platform.
• The continued availability of any specific Platform feature, destination, or customer base.

Any examples, projections, screenshots, or testimonials regarding Instructor earnings are illustrative only and are not a guarantee of any individual result. AWECEAN may change ranking, search, recommendation, and visibility logic at any time in its sole discretion.

• Using the Platform for any unlawful, fraudulent, or harmful purpose.
• Impersonating any person or misrepresenting any affiliation.
• Circumventing the Platform to avoid fees, including off-platform payments for Bookings introduced through AWECEAN.
• Harassing, threatening, discriminating against, or endangering any other User.
• Posting false, misleading, defamatory, or infringing Content.
• Interfering with the Platform's security, scraping at scale, or attempting unauthorized access.
• Using the Platform in violation of applicable sanctions or export control laws.

AWECEAN may suspend, restrict, or terminate any account or any access to the Platform at any time, with or without notice, including for suspected violation of these Terms, fraud, safety concerns, or risk to the Platform or its Users. You may close your account at any time. Sections that by their nature should survive termination will survive, including Sections 1 (Definitions), 4 (Marketplace Role), 5 (Independent Contractor Status), 9 (User Content and Reviews), 10 (Intellectual Property), 11 (Safety and Assumption of Risk), 12 (Medical Emergency Authorization), 13 (Insurance Disclaimer), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 18 (No Earnings Guarantee), 22 (Privacy), 23 (Governing Law and Jurisdiction), 24 (Dispute Resolution), 26 (Force Majeure), 27 (Digital Evidence and Records), and 29 (Changes to These Terms).

Your use of the Platform is also governed by the AWECEAN Privacy Policy, which explains how we collect, use, and share information. Please review it carefully.

These Terms are governed by the laws of the United Mexican States (México), without regard to conflict-of-laws principles. You and AWECEAN submit to the exclusive jurisdiction of the competent courts located in México for the resolution of any dispute arising out of or relating to these Terms or the Platform.

Nothing in these Terms is intended to exclude, restrict, or limit any mandatory consumer-protection right, statutory protection, or non-waivable remedy that applies to you under the laws of your country of habitual residence. Where applicable consumer-protection law grants you rights that cannot be waived by contract, those rights continue to apply, and you may also be entitled to bring proceedings before the competent courts of your place of residence to the extent required by that law. Any provision of these Terms that would otherwise conflict with such a non-waivable right shall be read down to the minimum extent necessary to comply with that right, and the remainder of the Terms shall continue in full force.

Before initiating any formal proceeding, you agree to first contact AWECEAN at hello@awecean.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days. Disputes between a Customer and an Instructor regarding a lesson are between those parties; AWECEAN may, but is not obligated to, assist.

The Platform is operated from México and may be accessed internationally. You are responsible for compliance with the laws of your jurisdiction, including immigration, customs, taxation, and any local regulation applicable to surfing or travel. The Platform may not be available, or may operate differently, in some jurisdictions.

Neither AWECEAN nor any Instructor or Customer shall be liable for any failure or delay in performance (including the cancellation, rescheduling, or non-delivery of any lesson) caused by events beyond reasonable control. Such events include, without limitation:

• Dangerous or unsafe ocean conditions, including large swell, strong currents, rip currents, red tides, and harmful marine life events.
• Unsafe surf, weather, visibility, or water-quality conditions.
• Beach, coastline, marine reserve, or facility closures.
• Government action, regulation, advisory, or restriction, including travel, border, health, or public-safety measures.
• Environmental hazards, pollution events, oil spills, algal blooms, and wildlife incidents.
• Natural disasters, including storms, hurricanes, cyclones, tsunamis, earthquakes, flooding, wildfires, and volcanic activity.
• Travel disruptions, including airline cancellations, road closures, transit strikes, and border closures.
• Pandemic, epidemic, public-health emergency, civil unrest, war, terrorism, and labor disputes.
• Internet, telecommunications, payment-processor, or infrastructure failures, including outages of Stripe or other third-party services.

By using the Platform, you consent to receive communications from AWECEAN electronically, including by email and through in-Platform notifications. You agree that electronic agreements, notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing.

You agree that AWECEAN may rely on its own electronic records — including booking records, payment and payout records, Stripe and Stripe Connect transaction data, in-Platform messages and communications, system and access logs, device and IP metadata, timestamps, and audit records — as accurate and authoritative evidence in connection with the operation of the Platform and the investigation or resolution of any dispute, claim, chargeback, refund, safety incident, or alleged violation of these Terms.

Such records may be used in internal review, in communications with Customers, Instructors, Stripe, payment processors, card networks, acquiring and issuing banks, financial institutions, dispute-resolution providers, insurers, regulators, and law-enforcement authorities, when reasonably necessary to investigate or respond to chargebacks, fraud, payment disputes, refund disputes, safety incidents, alleged violations of these Terms, or AWECEAN's legal and compliance obligations. To the extent permitted by law, such records may also be submitted as evidence in arbitration or judicial proceedings. You waive any objection to the admissibility of such records solely on the basis that they are in electronic form.

AWECEAN may update these Terms from time to time. Material changes will be indicated by updating the "Last updated" date and, where appropriate, by additional notice. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

These Terms, together with the policies referenced herein, constitute the entire agreement between you and AWECEAN regarding the Platform. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our consent; AWECEAN may assign them in connection with a corporate transaction or reorganization.

Questions about these Terms can be sent to hello@awecean.com.