Welcome to Swimapp ("Swim," "we," "us" or "our"). Swim provides an easy, fun and organized way to communicate, share and engage with your groups of friends, and connects you to the places you love. Using Swim, you can easily create beautiful and neat digital places for you and your friends to hang out, using our ‘pools’ functionality.
Our Terms & Conditions and Privacy Policy explains how we provide the service through the app, what you should expect from us as the provider of the service, what we expect from you as a user of the service, and how we collect and use your personal information.
The Swimapp mobile application (the "app") is composed of various app pages operated by The swim app Inc. Swimapp is offered to you conditioned on your acceptance without modification of these terms, conditions, privacy policy and notices contained herein (the "Terms"). Your use of Swimapp constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. These Terms are always accessible from the Swimapp, through your Profile Page, and apply to every user of our service and everyone who signs up for it through our website at www.Swimapp.io.
Your use of Swimapp is subject to Swim's Privacy Policy outlined below the Terms & conditions section, this policy governs the app and informs users of our data collection practices and how we protect your privacy. Please read it.
Visiting Swimapp and registering at our website, registering as a user for the app, or sending emails or text messages to Swim constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, text and on the app, satisfy any legal requirement that such communications be in writing.
If you use Swim, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile electronic device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Swim is not responsible for third party access to your account that results from theft or misappropriation of your account. Swim reserves the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Swim does not knowingly collect, either online or through the App, personal information from persons under the age of thirteen. If you are over thirteen and under eighteen years old you may use Swimapp only with permission of a parent or guardian.
Swimapp may contain links to other apps ("Linked apps"). The Linked apps are not under the control of Swim and Swim is not responsible for the contents of any Linked app, including without limitation any link contained in a Linked app, or any changes or updates to a Linked app. Swim is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Swim of the app or any association with its operators.
Certain services made available via Swimapp are delivered by third party apps and organizations, for example, location services. By using any product, service or functionality originating from the Swimapp, you hereby acknowledge and consent that Swim may share such information and data with any third party with whom Swim has a contractual relationship to provide the requested product, service or functionality on behalf of Swimapp users. Rest assured we will not share any personally identifiable information from you with any of the Linked apps.
You are granted a non-exclusive, non-transferable, revocable license to access and use Swimapp strictly in accordance with these Terms of use. As a condition of your use of the app, you warrant to Swim that you will not use the app for any purpose that is unlawful, or prohibited by these Terms. You may not use the app in any manner which could damage, disable, overburden, or impair the app or interfere with any other party's use and safe enjoyment of the app. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the app.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the app, is the property of Swim and its Linked apps, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You agree not to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the app, unless a specific functionality in the app explicitly allows you to do so, for example a “Share To” button or link. Swim content is not for resale. Your use of the app does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Swim and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Swim, our licensors or other users, except as expressly authorized by these Terms.
The app contains digital bulletin board services, chat areas, news groups, forums, communities, personal pages, calendars, polls, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
Swim has no obligation to monitor the Communication Services. However, Swim reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Swim reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Swim reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Swim's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Swim does not control or endorse the content, messages or information found in any Communication Service and, therefore, Swim specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Swim spokespersons, and their views do not necessarily reflect those of Swim.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Swim does not claim ownership of the materials you provide to Swimapp (including feedback and suggestions) or post, upload, input or submit to any Swim app or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Swim necessary sublicensees permission to use your Submission in connection with the operation of our business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your username in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Swim is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Swim's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your Swim account to third party accounts. By connecting your Swim account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party apps). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Swim from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Swim Content accessed through Swimapp in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Swim, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the app or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Swim reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Swim in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms & Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms & Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Swim agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE SWIM APP INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME.
THE SWIM APP INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE app FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE SWIM APP INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SWIM APP INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SWIM APP INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.
Swim reserves the right, in its sole discretion, to terminate your access to the app and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the app. Use of the app is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Swim as a result of this agreement or use of the app. Swim's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Swim's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the app or information provided to or gathered by Swim with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Swim with respect to the app and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Swim with respect to the app. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Swim reserves the right, in its sole discretion, to change the Terms under which Swimapp is offered. The most current version of the Terms will supersede all previous versions. Swim encourages you to periodically review the Terms to stay informed of our updates.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Swim as a result of this agreement or use of the app. Swim's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Swim's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the app or information provided to or gathered by Swim with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Swim with respect to the app and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Swim with respect to the app. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
By using the app you understand and agree that we are providing a platform for you to post content, such as photos, videos, comments and other materials ("Your Content"), to Swim and to share Your Content publicly. Other users may search, see, use, or share any of Your Content that you make publicly available through the app, in forms consistent with this Privacy Policy and our Terms & Conditions.
In order to provide our service to users, we collect the following types of information. Information you provide us directly:
On your User Profle
When you register for an account at the app, we collect a username and a password you create, and a valid email address you provide. Other information you may provide us, but which is not required to register for an account in the app, includes that which you input on your User Profile, such as, but not limited to, a profile picture, your real name, or your mobile phone number. This information allows us to give you or others a better service.
As you use the app
We also collect from you Your Content as defined above, as you post it to the app.
Communications between you and us.
We collect the information related to your communication with us. For example, we may send you emails with information such as account verification, changes/updates to your Profile, changes to features of the app, and/or but not limited to security notices.
Inviting Friends
If you choose to invite someone to the app through our "Invite" functionality, you may select a person directly from the contacts list on your device and send a text or email from your personal account or input that data into our Invite functionality. We collect that information for the sole purpose of forwarding them the invitation on your behalf.
Analytics
We use third-party analytics tools to help us understand how users use the app. These third-party tools collect information sent by your device or by the app, including the web pages you visit, add-ons, and other information that assists us in improving the app. We collect and use this information for analytics and ensure no personally identifiable data is transmitted to these third-party tools.
Cookies and other tracking technologies
We may use cookies - which are pieces of code that help us recognize you when you visit the app or our web site - and other technologies like pixels, web beacons, and local storage. We also use this data to learn about how you use the app to make it better.
Log file information
Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use the app, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the app, domain names, landing pages, pages viewed, and other such information.
Device identifiers
Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use the app, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the app, domain names, landing pages, pages viewed, and other such information.
Metadata
Metadata is usually technical data that is associated with Your Content. Users can add or may have Metadata added to their Content including a hashtag, a location tag, comments or other data. This makes Your Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other's APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you using the app.
We use the information we collect from you to make the app function. Examples include, but are not limited to, giving you easy access to the app and your information on the app, adapting content and features based on your preferences (“personalizing the app”), learning how you and other users use the app so we can improve it, sharing it with other users so that the app can perform as you expect.
We do not rent or sell your information to anybody. We may share your information with third parties for the purpose of giving you a better experience on the app, or to comply with laws and regulations. This information may include your information, as well as information from tools like cookies, log files, and device identifiers and location data. The third-party organizations with whom we may share this data will be given access to your information as is reasonably necessary to help us provide you the service on the app under reasonable confidentiality terms.
Any information or content that post on the app, referred to as Your Content, may become available to the public, as controlled by any applicable settings that you set when posting, or settings on your User Profile. When you post Your Content or make it public, Your Content may be re-shared by others in the app and is searchable by others. When you remove information that you posted to the app, copies of it may remain viewable in cached and archived pages of the app, or if other Users have copied or saved that information while it was public.
If we sell or otherwise transfer part or the whole of the app or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, Your Content and any other information collected through the app may be among the items sold or transferred. You will continue to own Your Content. The buyer or transferee will have to honor the commitments we have made to you in this Privacy Policy.
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
Your information and Your Content may be stored and processed in the United States or any other country in which we maintain facilities or hardware. We may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. By registering for and using the app you consent to the transfer of information to the United States or to any other country in which we maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
We use commercially reasonable safeguards to help keep the information we collect from you secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to the app. However, we cannot ensure the security of any information you transmit to us or guarantee that information on the app may not be accessed, disclosed, altered, or destroyed.
Following termination or deactivation of your account, we or our third party providers may retain your information and Your Content for a commercially reasonable time for backup, archival, and/or audit purposes.
We may modify or update this Privacy Policy from time to time. We will notify you before when we make changes to this Privacy Policy and give you the opportunity to review the revised Privacy Policy before continuing to use the app. Your continued use of the app after any modification to this Privacy Policy and notice of it, will constitute your acceptance of the new Privacy Policy. Please do not ignore our update notices when you see them.
Swim welcomes your questions or comments regarding the Terms & Conditions and the Privacy Policy. You can contact us in the following ways:
By mail:
The swim app Inc.
430 Station Park Circle
San Mateo, California 94402
By Email:
jc@Swimapp.io
By phone:
(415) 813-0955
Or through the Contact Us links on the app and/or on our website.
Effective as of April 21, 2020
We do not sell your info to anyone for any reason. See our Privacy Policy.
© 2024 The swim app Inc. All rights reserved.
