Terms of Service

About us

“SurfPath - AI Surf Coach” (the “Service”) is operated by Pierre-Alexis Thoumieu, trading as Thoumieu Consulting, established in France, a sole trader (entreprise individuelle), SIRET 952 576 981 00023, registered address 38 rue Rosenwald, 75015 Paris, France. Contact: contact@surfpath.ai. The Service is hosted on Google Cloud Platform (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA / Google Australia Pty Ltd or Google Ireland Limited depending on data region).

1. Acceptance of these Terms

By creating an account or otherwise using the Service, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must not use the Service. These Terms apply to users who select Australia as their country of residence at sign-up; users in France are instead governed by our CGU (Conditions Générales d'Utilisation), available in French.

2. Eligibility

You must be at least 16 years old to create an account. By registering, you represent that you meet this requirement and that the information you provide (name, email) is accurate. You are responsible for all activity on your account and for keeping your password confidential.

The Service is currently in beta, and sign-up is open — no invite code is required to create an account. Where we do issue an invite code, it only changes what an account is charged (free use, or a starting balance of credits).

3. What the Service does — and doesn't do

The Service lets you upload video (and, for the journal feature, photos) of your surf or surfskate sessions. These are analysed by an artificial intelligence model to generate a coaching assessment — scores, strengths, and suggested drills.

Which model, and what happens to your video. The analysis is performed by Google Gemini, accessed through Google Vertex AI. Your video and the accompanying prompt are sent to that model, which returns the written assessment. Vertex AI operates under enterprise data terms: your content is not used to train or improve Google's foundation models, is not human-reviewed for model improvement, and is not retained by Google beyond what is needed to return the response and meet abuse-detection requirements. We do not use your content to train any model of our own either. Section 8 and our Privacy Policy set out the full picture.

The Service is a recreational coaching aid for personal use only. It is not:

• medical advice, diagnosis, or a substitute for professional medical guidance;
• instruction, supervision, or safety guidance from a qualified surf coach or surf school;
• a guarantee of accuracy or improvement — the AI-generated analysis can be wrong, can misread a video, or can suggest advice that isn't right for your situation.

You remain solely responsible for judging and applying any feedback you receive.

4. Assumption of risk — surfing is dangerous

You acknowledge that surfing, surfskating, and related board sports carry inherent physical risks (drowning, collision, serious injury) that exist independently of the Service. You engage in these activities entirely at your own risk, and it is your responsibility to assess conditions, your own ability, and to follow local safety rules and lifeguard directions.

Pierre-Alexis Thoumieu is not liable for any injury, accident, or loss arising from your participation in these activities, including where you followed feedback generated by the Service.

5. Your content

You retain ownership of the videos, photos, and other content you upload (“Content”). By uploading Content, you grant Pierre-Alexis Thoumieu a non-exclusive licence, for as long as needed, to:

• process it to deliver the analysis and coaching you requested, including by sending it to our AI sub-processor (Google Vertex AI / Gemini). The prompt, the model's written response and a link to your stored file — but never the video or photo itself — also reach our observability tooling (Langfuse), which we use to monitor that the Service is working correctly, not to train anything;
• store and display it and the resulting analysis in your account history.

You warrant that you hold all rights necessary in the Content you upload (including, where relevant, consent from anyone filmed or photographed) and that it does not infringe any third-party right or applicable law.

You can delete an analysis or journal entry from the app at any time; the associated video or photo is then deleted from storage. You can also delete your entire account from the app — see clause 10.

5.1 Content you must not upload

The Service is for surf and surfskate coaching. You must not upload Content that:

• is sexual or pornographic, depicts nudity, or sexualises any person — and under no circumstances Content involving a minor in such a context;
• depicts or promotes violence, self-harm, cruelty, hatred or discrimination against any person or group;
• is unlawful, or depicts or facilitates unlawful activity;
• shows an identifiable person who has not consented to being filmed and to that footage being uploaded here — including anyone filmed covertly, and anyone filmed in a place where they would expect privacy;
• infringes anyone's copyright, image rights, or other intellectual property;
• contains malware, or is uploaded to test, probe or overload the Service rather than to be coached.

Content is sent to a third-party AI provider whose own acceptable-use policies apply on top of these Terms, and which may block or flag a submission independently of us. We may remove Content that breaches this clause and suspend or terminate the account behind it (clause 10), and we may report unlawful material to the competent authorities where the law requires it.

6. Fees, credits and payment

Some features (in particular video analysis) are paid and run on a pre-purchased, pay-per-use credit system. Payments are processed by our third-party provider, Stripe; Pierre-Alexis Thoumieu never stores your card details.

Prices include tax. All prices are shown in Australian dollars and are inclusive of any applicable tax. The amount displayed before you confirm a purchase is the total amount payable: no tax and no other charge is added at checkout. Any tax due on the sale is borne by Pierre-Alexis Thoumieu.

What a credit buys. One credit runs one video analysis. A clip must be no larger than 75 MB; a larger file is refused before any credit is spent. Apart from that, an account holding credits has no limit on how many analyses it may run or keep in its history — the balance is the only limit. Analyses are run one at a time, so a second one starts once the first has finished.

Consumed credits: once a credit has been used to run an analysis, that purchase is final and non-refundable, except as required by law.

Australian Consumer Law: nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded. If the Service fails to meet a consumer guarantee — for example, an analysis fails or isn't delivered due to a fault on our side — you are entitled to an appropriate remedy, which may include re-crediting the affected purchase. To the extent of any inconsistency between this clause and any other provision of these Terms for supplies made to consumers in Australia, this clause prevails.

Refunded credits are removed. A refund undoes the purchase it covers: the credits it paid for are deducted from your balance as soon as the refund is issued, automatically. If you have already used them, your balance simply stops at zero — it never goes negative and nothing is claimed back from you.

Credits have no cash redemption value, are non-transferable to another account, and do not expire during the beta (subject to change with notice).

Your receipt. After each payment Stripe emails a receipt for the purchase to your account address. Keep it — it is your record of the transaction.

7. Intellectual property

The “SurfPath - AI Surf Coach” name, the software, interfaces, text, and graphics of the Service are protected by intellectual property law and remain the exclusive property of Pierre-Alexis Thoumieu or its licensors. Nothing in these Terms grants you any right other than a personal, non-exclusive right to use the Service for the life of your account.

Analysis reports generated for you are provided for your personal use; commercial re-use without prior agreement is not permitted.

8. Privacy

Pierre-Alexis Thoumieu handles your personal data (email, name, language, country, uploaded videos/photos, analysis and journal history) in a manner consistent with the Australian Privacy Principles (Privacy Act 1988 (Cth)) for Australian users, and the EU General Data Protection Regulation for the underlying processing infrastructure (the Service is operated from France).

Your data is used to:

• manage your account and authentication (Firebase Authentication);
• deliver coaching analyses (Google Cloud / Firestore, Google Vertex AI / Gemini);
• monitor technical quality of the Service (Langfuse);
• process payments (Stripe), limited to what the transaction requires;
• meet legal obligations and keep the Service secure.

Your videos, reports and journal entries are stored in Australia (australia-southeast1). Some processors handle data outside Australia, including in the EU/EEA and the US, under the safeguards each provider maintains. You may download a copy of everything we hold on you, or delete it all, directly from the app; for anything else write to contact@surfpath.ai. You may also complain to the Office of the Australian Information Commissioner (OAIC) if you believe we have mishandled your data.

This clause is a summary. Our Privacy Policy is the full statement — what we collect, exactly where each category is stored, which processor sees what, how long we keep it, and how to exercise your rights. It forms part of these Terms.

9. Liability

The Service is provided “as is”. Pierre-Alexis Thoumieu will use reasonable efforts to keep it available and reliable, without guaranteeing uninterrupted availability or error-free operation.

To the extent permitted by law, Pierre-Alexis Thoumieu is not liable for indirect or consequential loss (including lost data or lost profits) arising from your use of, or inability to use, the Service, or from an inaccurate AI-generated analysis. Nothing in this clause limits any liability that cannot lawfully be excluded, including under the Australian Consumer Law.

10. Suspension and termination

You may stop using the Service at any time. You can delete your account yourself from the app, using the bin icon in the header: this permanently erases your analyses and their videos, your journal entries and their photos, your surfer profiles, your quiver and any remaining credits, and then the account itself. It is irreversible, takes effect immediately, and needs no request to us. Remaining credits are not refunded on a deletion you initiate. Backups retain deleted data for a limited period, as explained in the Privacy Policy.

Pierre-Alexis Thoumieu may suspend or terminate your access for serious breach of these Terms (fraud, content prohibited by clause 5.1, or a threat to the security of the Service), notifying you where circumstances allow.

11. Changes to these Terms

Pierre-Alexis Thoumieu may update these Terms, in particular to reflect changes to the Service or the law. You will be notified of material changes; continued use of the Service after new Terms take effect constitutes acceptance of them.

12. Governing law

These Terms are governed by the laws of France, except that, for supplies made to consumers in Australia, nothing in these Terms excludes, restricts, or modifies any right or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded, and the Australian Consumer Law prevails to the extent of any inconsistency (see clause 6). Subject to that, any dispute will be submitted to the competent French courts.

13. Contact

Questions about these Terms: contact@surfpath.ai.