Terms of Service

The terms between Swimply, Inc. and a company using Swimply Pro. Effective November 1, 2026.

The agreement

These Terms of Service (“Terms”) are a binding legal agreement between you and Swimply, Inc. (“Swimply”) that govern your use of Swimply Pro and the websites, applications and other offerings from Swimply that post or include a link to these Terms (together, the “Swimply Pro Platform”). By using the Swimply Pro Platform, you acknowledge that you have read, understand and agree to these Terms.

If you use the Swimply Pro Platform on behalf of a company, you represent and warrant that (1) you are authorized to agree to the Terms on the company’s behalf, and (2) the company will be bound by the Terms.

Swimply’s collection and use of personal information is described in our privacy policy, at /privacy. By using the Swimply Pro Platform, you consent to our privacy policy.

Please note: the section titled “Dispute resolution” (the “Dispute Resolution Agreement”) contains a mandatory arbitration clause, a jury trial waiver and a class action waiver. It applies to all Disputes with Swimply and affects how they are resolved. By using the Swimply Pro Platform, you agree to be bound by it.

Swimply Pro is software that a pool service company uses to run its business: routes, visits, water chemistry, quotes, invoices, payments and communication with its own customers. Swimply is not a party to any agreement between a company and its customers, and does not provide pool service.

Definitions

“Account” means the registered account a company uses to access the Swimply Pro Platform.
“Applicable Laws and Rules” means the local, national and foreign laws, rules, regulations, orders and requirements of any government, regulator, court or other authority that apply to you or to the Swimply Pro Platform, as amended from time to time.
“Company” means the business that holds an Account. “You” and “your” mean the Company and the person using the Swimply Pro Platform for it, unless otherwise specified.
“Company Data” means the information a Company puts into the Swimply Pro Platform, including its customers’ names, addresses, contact details, pools, visits, quotes, invoices and photos.
“Content” means text, photos, audio, video and other information or materials that you post, upload, publish, submit or transmit on or using the Swimply Pro Platform, including Company Data.
“Dispute” means any dispute, claim or controversy arising out of or relating to these Terms or their applicability, breach, termination, validity, enforcement or interpretation, or any use of the Swimply Pro Platform.
“Payment Method” means the payment method associated with an Account, such as a credit card, debit card or bank account.
“Service Fees” means the subscription fees under these Terms and any charges associated with payment collection.
“Tax” or “Taxes” means direct or indirect taxes and fees that a party may be required by Applicable Laws and Rules to include in a price, remit or report.
“Team Member” means a person a Company invites to its Account, such as a technician or an office user.

Accounts

You must create an Account to use the Swimply Pro Platform. Registration is permitted only for legal entities, partnerships and natural persons who are 18 years of age or older. By creating an Account, you represent and warrant that you are over the age of 18 and are not a person or entity prohibited from using the Swimply Pro Platform under Applicable Laws and Rules. You agree to provide accurate, current and complete information during registration and to keep your Account information up to date. You may not register more than one Account or transfer your Account to someone else.

You are responsible for keeping your sign-in details confidential and secure, and may not share them. Each person on your team has their own. You are responsible and liable for activity under your Account and must tell Swimply immediately if you suspect your sign-in details have been lost or stolen or your Account is otherwise compromised.

Swimply may, but has no obligation to, ask you for identification or other information, take steps to confirm ownership of your email address or Payment Method, and screen you against third-party databases. Swimply may terminate, suspend or limit access to your Account if it cannot obtain or verify this information.

Your team

A Company may invite Team Members to its Account. The Company decides who is invited and what each person may do, and is responsible for what its Team Members do on the Swimply Pro Platform as if the Company had done it. A Company must remove a person’s access when that person leaves its team.

The subscription

Swimply Pro is free for founding members until January 1, 2028, with no credit card to start. After that it is a subscription of a flat $49 a month for the whole Company, locked in for as long as you stay, with unlimited service locations, technicians and office users, as shown on the pricing page.

Founding member offer. A Company that signs up as a founding member pays nothing until January 1, 2028, and no credit card is required to start. After that date the flat monthly fee applies, and the price you start at is locked in while you stay. You can cancel at any time before then with no charge.

Cancelling. You may cancel at any time from your Account or by contacting us. Cancelling stops future charges.

30-day money-back guarantee. If you are not satisfied, tell us within 30 days of your first paid charge and we will refund that charge.

Except as stated in this section or otherwise expressly provided on the Swimply Pro Platform, Service Fees are non-refundable. Swimply may change the Service Fees, and will give you at least 30 days’ notice by email before a change takes effect for you.

Payment terms

You authorize Swimply to collect from you the amounts due under these Terms, in Swimply’s sole discretion, by charging the Payment Method on your Account. If a charge is rejected, you authorize us, without notice unless Applicable Laws and Rules require it, to retry that Payment Method and to collect from any other Payment Method we have on file for you.

Specifically, you authorize Swimply to collect from you any amount due to Swimply, including subscription fees, Taxes where applicable, any other Service Fees imposed under these Terms, and reimbursement for costs prepaid by Swimply on your behalf. Funds Swimply collects set off the amount you owe and extinguish your obligation for that amount.

If there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees incidental to collecting them, such as attorneys’ fees, collection fees, convenience fees or other third-party charges.

Swimply reserves the right to place you into collections if you do not pay amounts you owe.

Payment method

When you add a Payment Method to your Account, you will be asked for billing information such as your name, billing address and financial instrument information. You authorize Swimply and its payment service providers to collect and store it. You are responsible for evaluating the practices of your Payment Method provider and for complying with any additional terms of a third-party payment service provider associated with your Payment Method. Swimply is not responsible for any loss you suffer as a result of incorrect Payment Method information you provide.

If your Payment Method information changes, such as an account number, routing number or expiration date, you agree to update it immediately. If you do not, you agree that we may obtain the new information from our financial services partners or your bank and update your Payment Method on file automatically.

When you add or use a new Payment Method, you authorize Swimply to verify it by obtaining a pre-authorization or by charging it a nominal amount.

You authorize Swimply or its payment service providers to charge your Payment Method, including more than one Payment Method, directly or indirectly, for all fees due in connection with your Account, on a recurring monthly basis until you cancel.

Payments from your customers

Payments that a Company’s customers make to the Company through Swimply Pro are processed by Stripe. To accept them, the Company must accept Stripe’s Connected Account Agreement and keep its Stripe account in good standing. Stripe’s terms apply to those payments in addition to these Terms.

Swimply may hold back, reverse or recover money, including from the Company’s Stripe account, to cover chargebacks, refunds, disputed payments, fraud and amounts the Company owes Swimply. Where a payment is reversed or disputed, the Company is responsible for the loss, and the Company authorizes Swimply to recover it. Swimply may also bear and then recover losses on the Company’s Stripe account from the Company.

The Company is responsible for what it charges its customers, for the Taxes it must collect and remit, and for its own dealings with its customers.

Your customers’ data

Company Data belongs to the Company. Swimply Pro uses it only to provide the Swimply Pro Platform to the Company, as the privacy policy describes, and does not sell it. You give Swimply a non-exclusive, worldwide, royalty-free license to host, copy, process and display Company Data for that purpose and no other.

The Company is responsible for the Company Data it puts into Swimply Pro: that it has the right to hold it, that it is accurate, and that it tells its customers how it is used. The Company must have each customer’s consent, where Applicable Laws and Rules require it, for the emails and text messages the Company sends to that customer through Swimply Pro.

Service texts. By adding a customer’s mobile number to Swimply Pro, the Company confirms that the customer has agreed to receive text messages from the Company, sent through Swimply Pro, about their pool service, such as a technician being on the way or a visit being finished. The texts come from a number Swimply Pro shares between the companies that use it, and each one names the Company that sent it. A customer can stop them at any time by replying STOP, which stops texts from every company to that number; replying START sends them again, and replying HELP explains how. Message and data rates may apply. The Company can also switch texts off for any customer contact in Swimply Pro, and must do so when a customer asks it to stop texting them.

Before an Account is deleted, the Company may export its Company Data. After an Account is closed, we delete or anonymise its data within 90 days, except what the law requires us to keep, such as payment records, as the privacy policy describes. When your Account has been terminated, you are not entitled to the restoration of your Content.

Platform rules

As a user of the Swimply Pro Platform, you agree to follow these rules and not to help or induce others to break or circumvent them.

Act with integrity. Do not lie, misrepresent information, mislead or pretend to be someone else. Be polite and respectful to others when you communicate through the Swimply Pro Platform.
Do not use bots, spiders, crawlers, scrapers or other automated means to access or collect data from the Swimply Pro Platform, other than through an interface we provide.
Do not hack, avoid, remove, impair or try to circumvent any security or technological measure used to protect the Swimply Pro Platform or any Company’s data. Do not try to reach another Company’s data.
Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Swimply Pro Platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of the Swimply Pro Platform, including probing or overloading it.
Use the Swimply Pro Platform only to run a pool service business, and only as these Terms allow. Do not copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display or otherwise exploit the Swimply Pro Platform or any Swimply content, or use, display, mirror or frame it or Swimply’s name, trademark, logo or the layout and design of any page.
Do not use the Swimply Pro Platform or your customers’ personal information to send commercial messages these Terms do not allow.
Understand and follow the Applicable Laws and Rules that apply to you, including privacy and data protection law. If you give us someone else’s personal information, you must do so in compliance with them, you must be authorized to do so, and you authorize us to process it.
Read, keep up to date with and follow these Terms and any other Swimply policies, guidelines and standards made available on the Swimply Pro Platform.
Do not use the name, logo, branding or trademarks of Swimply or others without express written permission from Swimply, and do not use or register a domain name, social media handle or trade name that may be confused with Swimply’s branding.
Do not export, re-export, import or transfer any Swimply application except as authorized by United States law, the export control laws of your jurisdiction and other Applicable Laws and Rules.
Do not upload anything unlawful, or anything you have no right to share.
Cooperate with and assist Swimply in good faith, and give us the information and take the actions we reasonably request, in any investigation we undertake of the use or abuse of the Swimply Pro Platform.

Our right to review

We have no obligation to monitor the access to or use of the Swimply Pro Platform by anyone, or to review, disable access to or edit any Content or third-party resource, but we have the right to do so to operate, secure and improve the Swimply Pro Platform (including for fraud prevention, risk assessment, investigation and customer support), to make sure you comply with these Terms, to comply with Applicable Laws and Rules or the order or requirement of a court, law enforcement or other government agency, to respond to any Content or third-party resource we determine is harmful or objectionable, or as otherwise set out in these Terms. Swimply administers its policies, including decisions about whether and how to apply them to a particular situation, at its sole discretion.

Reporting violations

If you believe that a person or Content poses an imminent risk of harm to a person or property, contact local authorities first. If you believe that a person or Content has violated these Terms, report your concerns to Swimply at legal@swimply.com. If you reported an issue to local authorities, Swimply may request a copy of that report and, subject to Applicable Laws and Rules, you agree to provide it. Except as Applicable Laws and Rules require, we are not obligated to act in response to a report.

Copyright and other intellectual property

You may not use the Swimply Pro Platform for any purpose or in any manner that infringes the rights of any third party. Swimply encourages you to report any Content on the Swimply Pro Platform that you believe infringes your rights. Only the intellectual property rights owner, or a person authorized to act for the owner, can report potentially infringing Content.

Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Swimply has a designated agent for receiving notices of copyright infringement and follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please give Swimply’s copyright agent the information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if several works at a single online site are covered by one notification, a representative list of them; (c) identification of the material claimed to be infringing, with information reasonably sufficient to let us locate it; (d) information reasonably sufficient to let us contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Swimply’s copyright agent can be reached at: Legal c/o Swimply, Inc., 420 N. Highland St., Arlington, VA 22201, or legal@swimply.com. This contact information is for inquiries about potential copyright infringement only. Please put the statement “DMCA Takedown Notice” in the subject field of your email.

Other intellectual property. If you believe that any Content on the Swimply Pro Platform violates your exclusive rights other than copyrights, please send legal@swimply.com at least: (a) your physical or electronic signature; (b) identification of the material you claim is infringing, with information reasonably sufficient to let us locate it; (c) an explanation of the exclusive rights you own and why you believe the Content infringes them, sufficient for us to evaluate the complaint; and (d) accurate contact information for you.

General. It is often difficult to determine whether your intellectual property rights have been violated or whether the DMCA requirements have been met, and we may ask for more information before we remove any infringing material. If a dispute develops about who owns the rights in question, we reserve the right to remove your Content along with that of the alleged infringer until the matter is resolved. Swimply will tell you if your materials have been removed because of a third party’s complaint of infringement. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or was removed or disabled by mistake or misidentification, may be liable for damages. Do not make false claims. The information in a legal notice you submit may be forwarded to the person who provided the allegedly infringing Content. We have a policy of terminating the accounts of users who, in our reasonable discretion, are repeat infringers.

Third-party links

There may be links from the Swimply Pro Platform, or from communications you receive from it, to third-party sites or properties, and it may include third-party content that we do not control, maintain or endorse. Swimply has not reviewed all of the sites linked to the Swimply Pro Platform and is not responsible for the content of any off-site pages or any other linked sites. Your linking to any off-site pages or other sites controlled by third parties is at your own risk. We are in no way responsible or liable for any of those third-party sites or properties, including their content, policies, failures, promotions, products, services and actions, or any damages, losses, failures or problems caused by, related to or arising from them. Your dealings with others found on or through the Swimply Pro Platform, including the payment and delivery of products and services and any terms, conditions, warranties and representations associated with them, are solely between you and the third party. We encourage you to review the policies, rules and terms, including the privacy policies, of each third-party site you visit.

Ending the service

Term. The agreement between you and Swimply reflected by these Terms is effective when you access the Swimply Pro Platform, for example to create an Account, and remains effective until you or we end it in accordance with these Terms. You may close your Account at any time.

Termination. Swimply reserves the right to terminate your access to and use of the Swimply Pro Platform or any of its features in its sole discretion, without notice and liability, including if (a) you have materially breached these Terms, (b) you have violated Applicable Laws and Rules or third-party rights, (c) you have not paid amounts you owe, or (d) we believe in good faith that the action is reasonably necessary to protect the personal safety or property of Swimply or third parties. If your access has been terminated or suspended, you may not register a new Account or use the Swimply Pro Platform through another Account.

Violations. Swimply reserves the right to investigate and prosecute any violation of these Terms or Applicable Laws and Rules to the fullest extent they permit. If you breach these Terms, violate another Swimply policy, guideline or standard, or violate Applicable Laws and Rules, or if we believe it is reasonably necessary to protect Swimply, a user or a third party, we may, without notice, suspend or limit your access to or use of the Swimply Pro Platform or your Account, suspend or remove Content, or suspend or revoke any special status associated with your Account.

Legal mandates. Swimply may take any action it determines is reasonably necessary to comply with Applicable Laws and Rules.

Survival. Parts of these Terms that by their nature survive termination will survive it.

Changes to these Terms

Swimply may modify these Terms at any time. When we make material changes, we will post the revised Terms on the Swimply Pro Platform and update the effective date. We will tell you of any material change by email at least 30 days before it takes effect. If you disagree with the revised Terms, you may close your Account. If you do not close your Account before the date the revised Terms take effect, your continued access to or use of the Swimply Pro Platform is acceptance of them.

No warranties

We provide the Swimply Pro Platform and all Swimply content and Content “as is” without warranty of any kind, and we disclaim all warranties, whether express or implied. For example, we do not warrant the performance or non-interruption of the Swimply Pro Platform, the accuracy of any water chemistry reading, dosing suggestion, route, estimate or other calculation it produces, or the conduct of any third party. A pool service company remains responsible for its own work and for the safety of its customers’ pools. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, their duration is limited to the maximum extent permitted by law.

Limits on our liability

Neither Swimply (including its affiliates and personnel) nor any other party involved in creating, producing or delivering the Swimply Pro Platform or any Content or Swimply content will be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Swimply Pro Platform or any Content or Swimply content, or (iii) any communications or dealings you have with anyone you meet or interact with through, or as a result of, your use of the Swimply Pro Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Swimply has been told of the possibility of such damage, even if a limited remedy in these Terms is found to have failed of its essential purpose.

To the maximum extent permitted by law, in no event will Swimply’s aggregate liability for any Dispute exceed the greater of (a) the fees you paid to Swimply in the 12-month period before the event giving rise to the liability, or (b) one hundred U.S. dollars ($100.00).

These limitations of liability and damages are fundamental elements of the agreement between you and Swimply. If Applicable Laws and Rules do not allow the limitations in these Terms, they may not apply to you.

Indemnification

To the maximum extent permitted by law, you agree to release, defend (at Swimply’s option), indemnify and hold Swimply (including its affiliates and their personnel) harmless from and against all claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms; (ii) your violation of another Swimply policy, standard, rule or guideline; (iii) your use of the Swimply Pro Platform; (iv) your services, your dealings with your customers or any other person, and any injury, loss or damage of any kind arising from them, including personal injury, property damage, theft or death; (v) your failure to accurately report, collect or remit Taxes; (vi) the Company Data and other Content you provide, including any claim by one of your customers about how you collected or used their information or contacted them; (vii) the acts and omissions of your Team Members; or (viii) your breach of Applicable Laws and Rules.

Dispute resolution

Governing law and venue. As between Swimply and you, these Terms are governed by the laws of the State of California, without regard to the choice of law or conflicts of law provisions of any jurisdiction. Any arbitration proceedings will be governed by federal arbitration law and by the rules of JAMS, Inc. (“JAMS”). Except for Disputes excluded under “Binding arbitration” below, both Swimply and you submit to the exclusive jurisdiction of the state and federal courts located in the State of California for enforcement of arbitral awards or for temporary or preliminary injunctive relief for the limited purpose of avoiding immediate and irreparable harm.

Binding arbitration. Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Swimply agree (a) to waive your and Swimply’s right to have any and all Disputes resolved in a court, and (b) to waive your and Swimply’s right to a jury trial. Instead, you and Swimply agree to arbitrate Disputes through binding arbitration, which is the referral of a Dispute to one or more persons charged with reviewing it and making a final and binding determination to resolve it instead of having it decided by a judge or jury in court.

No class arbitrations, class actions or representative actions. You and Swimply agree that Disputes are personal to you and Swimply, and that Disputes will be resolved solely through individual arbitration and not by class action or any other type of representative proceeding. You and Swimply agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Federal Arbitration Act. You and Swimply agree that these Terms affect interstate commerce and that the enforceability of the Dispute Resolution Agreement is governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by Applicable Laws and Rules.

Process. You and Swimply agree that we will notify each other in writing of any Dispute within thirty (30) days of when it arises so that we can try in good faith to resolve it informally. Notice to Swimply must be sent by certified mail or courier to Swimply, Inc., Attn: Legal Department, 420 N. Highland St., Arlington, VA 22201. Your notice must include (a) your name and contact information, (b) a description of the nature or basis of the Dispute, and (c) the specific relief you are seeking. If you and Swimply cannot agree to resolve the Dispute within thirty (30) days of Swimply receiving your notice, either of us may start an arbitration proceeding or file a claim in court as appropriate under this Dispute Resolution Agreement. You and Swimply agree that any arbitration or claim must be started or filed within one (1) year after the Dispute arises; otherwise the claim is permanently barred, which means you will no longer have the right to assert a claim regarding the Dispute. You and Swimply agree that (1) any arbitration will occur in Los Angeles County, California (or in or near your hometown if the JAMS rules so require), which you may attend in person or by videoconference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (3) the state or federal courts in Los Angeles County, California will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration, except that small claims courts in the jurisdiction in which you reside will have jurisdiction over small claims disputes.

Batch arbitration. You and Swimply agree that, if fifty or more individual requests for arbitration of a similar nature are filed against Swimply within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule and, if required, hearing) before a single arbitrator in accordance with this section, provided that, if the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration, the arbitrator may group demands for arbitration into groups of not fewer than twenty matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable and in best keeping with the spirit of this provision) and arbitrate each group as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Swimply agree (1) to work with JAMS in good faith to facilitate the resolution of Disputes on a Batch Arbitration basis, and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision is in no way to be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set out in this section.

Authority of the arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, and (ii) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read them and any claim that they are unfair or should not apply for any reason.

Severability. If any provision of this Dispute Resolution Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. The waivers in subsection (b) of “Binding arbitration” are severable from the other provisions of these Terms and remain valid and enforceable except as Applicable Laws and Rules prohibit.

Changes and opt-out. You can end this agreement to arbitrate within 30 days of first becoming subject to this arbitration provision by giving Swimply written notice to Swimply, Inc., Attn: Legal Department, 420 N. Highland St., Arlington, VA 22201. To be effective, the notice must include your full name, be received by Swimply at that address within 30 days of first becoming subject to this arbitration provision, and clearly say that you intend to end this agreement to arbitrate. Your choice to end this agreement to arbitrate will not affect any other provision of these Terms. Despite the provisions on changes to these Terms, if we revise the Dispute Resolution Agreement, you may reject the change within thirty (30) days of the date it takes effect by giving Swimply written notice at the same address. To be effective, the notice must include your full name, be received by Swimply at that address within 30 days of the date the change takes effect, and clearly say that you intend to reject the change to this Dispute Resolution Agreement. By rejecting changes, you agree to resolve Disputes in accordance with the last version of the Terms you accepted. Your choice to reject changes will not affect any other provision of these Terms.

General terms

Entire agreement. These Terms, including any policies referenced in them, are the entire agreement and understanding between Swimply and you about your use of the Swimply Pro Platform, and replace all prior or contemporaneous agreements or undertakings about it.

No waiver. Swimply’s failure to enforce any right or provision in these Terms is not a waiver of that right or provision unless we acknowledge and agree to it in writing. Except as these Terms expressly say, either party’s use of any of its remedies under these Terms is without prejudice to its other remedies under these Terms or otherwise permitted by law.

Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations under it without Swimply’s prior written consent. Swimply may, without restriction, assign, transfer or delegate this agreement and any rights and obligations under it, at its sole discretion.

Notices. Unless specified otherwise, any notice or other communication to you under this agreement will be provided electronically and given by Swimply by email, notification on the Swimply Pro Platform, messaging service or any other contact method we enable and you provide. Notices to Swimply go to Swimply, Inc., Attn: Legal Department, 420 N. Highland St., Arlington, VA 22201, or legal@swimply.com.

Swimply content. Swimply content and Content made available through the Swimply Pro Platform may be protected by copyright, trademark or other Applicable Laws and Rules of the United States and other countries. All intellectual property rights in Swimply content are the exclusive property of Swimply or its licensors, and you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notice. Subject to your compliance with these Terms, Swimply grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download and use the Swimply Pro mobile applications on devices you own or control, and to access and view the Swimply Pro Platform, solely to run your business.

Force majeure. Swimply is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Emails and texts. You will receive administrative communications from us at the email address or other contact information you provide for your Account. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the tools in those emails or the notification preferences in your Account settings.

Headings. Headings in these Terms are solely for reference and do not limit the scope or extent of the Terms.

Promotional offers. From time to time Swimply may offer promotions, including the founding member offer. Unless we say otherwise, all promotions are limited-time offers, and Swimply reserves the right to modify or cancel an offer at any time. A promotional offer is limited to one per customer and Account, may not be combined with other offers, and is non-transferable and may not be resold. If you violate any of the promotional offer terms, the offer is invalid.

Special terms for Apple iOS devices

Despite any other provision of these Terms, the following apply to those using a Swimply Pro application acquired from the Apple App Store on an Apple iOS device (the “Swimply Pro iOS App”).

Acknowledgement. You acknowledge that this agreement is concluded between you and us only, and not with Apple. Swimply, not Apple, is solely responsible for the Swimply Pro iOS App and its content. You further acknowledge that Swimply Pro may not be used in any manner inconsistent with the App Store Terms of Service as of the effective date of these Terms.
Scope of license. You are granted a license to use the Swimply Pro iOS App on any iOS device that you own or control and as permitted by the “Usage Rules” in the App Store Terms of Service.
Maintenance and support. We are solely responsible for providing maintenance and support for the Swimply Pro iOS App, as specified in these Terms or as required under Applicable Laws and Rules. You and Swimply acknowledge that Apple has no obligation to furnish any maintenance and support services for it.
Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Swimply Pro iOS App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for it to you; to the maximum extent permitted by Applicable Laws and Rules, Apple will have no other warranty obligation for the Swimply Pro iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty will be our sole responsibility.
Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Swimply Pro iOS App or your possession or use of it, including (i) product-liability claims, (ii) any claim that it fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as Applicable Laws and Rules permit.
Intellectual property rights. If a third party claims that the Swimply Pro iOS App or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of the claim.
Third-party beneficiary. You and we acknowledge and agree that Apple has the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

Apple Maps

The Swimply Pro Platform uses Apple Maps for maps and addresses. Your use of Apple Maps is subject to Apple’s Maps terms.

Contact us

If you have any questions about these Terms, write to legal@swimply.com or to Swimply, Inc., Attn: Legal Department, 420 N. Highland St., Arlington, VA 22201.