Terms of Service

1.1 The Club is the customer. SwimOS is licensed to swim clubs, teams, and organizations ("Club", "you"). Individual coaches, administrators, and other authorized people access the Service on the Club's behalf as "Users".

1.2 Authority to bind. If you create an account, accept these Terms, or subscribe on behalf of a Club, you represent that you are authorized to bind that Club to these Terms. If you do not have that authority, you may not accept these Terms or use the Service on the Club's behalf.

1.3 Users are bound too. Each User must comply with these Terms. The Club is responsible for the acts and omissions of its Users, including former Users whose access it has not removed.

1.4 Athletes are not parties. Athletes whose information appears in the Service are not parties to these Terms and do not hold accounts. Their relationship regarding that information is with the Club.

• "Club Data" means all data a Club or its Users enter into, upload to, or generate through the Service, including athlete roster records, attendance, training volume and load entries, session duration, effort ratings, coaching notes, group and squad structures, reports, and any files attached.
• "Account Data" means information about the Club's account and its Users: names, email addresses, club roles, authentication records, and subscription and billing references.
• "Technical Data" means logs, error reports, rate-limiting records, and anonymized usage analytics generated automatically when the Service runs.
• "Aggregated Data" means statistical or benchmark data derived from Club Data that has been de-identified and combined across multiple Clubs, as described in Section 5.4.
• "Privacy Policy" means the SwimOS Privacy Policy, which is incorporated into these Terms by reference.

3.1 What SwimOS does. SwimOS is a performance operations platform for competitive swim clubs. It provides tools for recording attendance, training load and volume, roster and group management, athlete development context, and reporting.

3.2 Access. Subject to these Terms and payment of applicable fees, we grant the Club a non-exclusive, non-transferable, revocable right to access and use the Service for its internal coaching and administrative purposes during the subscription term.

3.3 Accounts and credentials. Users must provide accurate registration information and keep their credentials confidential. Accounts are personal to each User and must not be shared. The Club must notify us promptly at josh@swimos.ca if it suspects unauthorized access.

3.4 Changes to the Service. We may add, modify, or remove features. If we materially reduce core functionality the Club is paying for, we will give reasonable advance notice by email or in-app.

3.5 Beta and early-access features. Features marked beta, preview, or early access are provided as-is, may be changed or withdrawn without notice, and are excluded from any availability or support commitments.

This section summarizes what the Service collects. The Privacy Policy governs how we handle it; where the two differ on privacy practices, the Privacy Policy controls.

4.1 Coach and administrator accounts. Name, email address, club role, and login credentials. Authentication is handled by our authentication provider; we never retain plaintext passwords.

4.2 Athlete roster records. Athlete first and last name, and an optional roster or club ID used to match imported records. The Service does not collect athlete dates of birth, athlete or parent contact details, or health and medical records. Clubs must not enter this information into free-text fields such as coaching notes.

4.3 Training records. Attendance, training volume, session duration, effort ratings (including session-RPE and derived load metrics where enabled), coaching notes, and related session data entered by Users. These records are visible only to the Club that created them.

4.4 Early-access and contact requests. Name, email, club, role, and message content submitted through our request or contact forms.

4.5 Billing. Subscriptions are processed by our payment processor. We store customer and subscription references and billing contact details. We do not store full payment card numbers.

4.6 Technical data. Hosting logs, error reports, rate-limiting records, and anonymized analytics, used to keep the Service secure, diagnose faults, and understand aggregate usage.

4.7 No sale of data. We do not sell personal information and do not use it for advertising or cross-site tracking.

5.1 The Club owns its data. As between the Club and SwimOS, the Club owns and retains all right, title, and interest in and to its Club Data. Nothing in these Terms transfers ownership of Club Data to us. Coaches and other Users enter Club Data on the Club's behalf; a User leaving the Club acquires no rights in that data and must not retain, copy, or take Club Data with them without the Club's authorization.

5.2 Our role. We act as a service provider processing Club Data on the Club's instructions and for the purposes set out in these Terms and the Privacy Policy. The Club is the custodian of its athletes' information and remains responsible for how that information is collected, used, and disclosed within the Club.

5.3 Licence to operate the Service. The Club grants us a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, and process Club Data solely to: (a) provide, maintain, and secure the Service; (b) provide support and respond to the Club's requests; (c) create and restore backups; (d) prevent or address technical problems, fraud, or abuse; and (e) comply with law. This licence exists only for as long as we hold the Club Data and ends when the data is deleted under Section 9.

5.4 Aggregated and de-identified data. We may create Aggregated Data from Club Data and use it to improve, secure, and develop the Service, and to produce benchmarks, norms, and comparative or industry-level insights. Aggregated Data may only be used and disclosed where:

• (a) all direct identifiers have been removed, including athlete and User names, roster IDs, email addresses, and Club identifiers;
• (b) the data is combined with data from other Clubs so that no individual athlete, User, or Club is identifiable, and no output identifies or is attributable to a single Club; and
• (c) it is not used to compile a profile of, or make decisions about, any identifiable individual.

We own the Aggregated Data and any models, statistics, or reports derived from it. A Club may opt its data out of Aggregated Data by emailing josh@swimos.ca; this does not affect the Club's use of the Service.

5.5 Access to Club Data. We access identifiable Club Data only where necessary to operate the Service, provide support the Club has requested, investigate a security or abuse issue, or comply with a legal obligation. Row-level security restricts each Club's access to its own records.

5.6 Feedback. If a User sends us suggestions, feature requests, or feedback, we may use them without restriction or obligation. Feedback is not Club Data or confidential.

5.7 Export. The Club may export its Club Data through the Service's export features at any time during the subscription term, and may request an export in a machine-readable format by emailing josh@swimos.ca.

6.1 Consent and notice. The Club is solely responsible for obtaining and maintaining any consent, authorization, or notice required by law before entering athlete information into the Service, including, where athletes are minors, consent from a parent or legal guardian. The Club must have a lawful basis for every record it enters.

6.2 Minors. The Service is designed to be used by adult coaches and administrators. Athletes do not hold accounts. The Club must not permit a person under 16 to create or use a User account.

6.3 Accuracy and data minimization. The Club is responsible for the accuracy of its Club Data and for keeping entries limited to what its coaching purpose requires. Coaching notes are for training and performance context; they must not be used to record medical, health, disciplinary, or other sensitive personal information.

6.4 Access management. The Club must maintain its User list, assign appropriate roles, and promptly remove access for people who leave the Club or change roles.

6.5 Compliance. The Club must use the Service in accordance with applicable law, including Canadian privacy legislation and any provincial or organizational rules that apply to it.

6.6 Requests from individuals. If an athlete, parent, or guardian contacts us with a request about information a Club entered, we will refer them to the Club and notify the Club. The Club is responsible for responding. We will provide reasonable assistance in locating, correcting, or deleting the records.

The Club and its Users must not:

• use the Service to store or transmit unlawful, defamatory, harassing, or infringing content;
• enter health, medical, diagnostic, or treatment information, government identifiers, or payment card details into any field of the Service;
• access or attempt to access another Club's data, or circumvent authentication, row-level security, rate limits, or any other technical control;
• reverse engineer, decompile, scrape, or create derivative works from the Service, except to the extent this restriction is unenforceable by law;
• resell, sublicense, rent, or provide the Service to a third party as a service bureau;
• use the Service to build a competing product, or benchmark it for publication without our written consent;
• upload malicious code, or interfere with the integrity, security, or performance of the Service; or
• exceed documented usage or API limits, or use automation that places an unreasonable load on the Service.

We may suspend access without notice where we reasonably believe conduct threatens the security, integrity, or lawful operation of the Service or another Club's data.

8.1 Plans. The Service is offered on subscription plans described at the point of purchase. Feature availability, athlete limits, and module access depend on the plan selected.

8.2 Billing and renewal. Subscriptions are billed in advance on a monthly or annual cycle, as selected at checkout, and renew automatically for successive periods at the then-current rate until cancelled. Payment is processed by our payment processor; by subscribing, the Club authorizes recurring charges to the payment method on file.

8.3 Free trials. Where a free trial is offered, the Club will be charged automatically at the end of the trial unless it cancels before the trial ends.

8.4 Cancellation. The Club may cancel at any time from within the Service or by emailing josh@swimos.ca. Cancellation takes effect at the end of the current billing period. The Club retains access until then.

8.5 No refunds. Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial periods, unused time, or periods of limited use. If we terminate a subscription for convenience under Section 9.3, we will refund the unused portion of prepaid fees.

8.6 Price changes. We may change pricing. Changes take effect at the Club's next renewal and we will give at least 30 days' notice by email. Continuing to use the Service after the change takes effect constitutes acceptance; if the Club does not agree, it may cancel before renewal.

8.7 Failed payments. If payment fails, we may suspend access after reasonable notice. Data is retained during suspension in accordance with Section 9.4.

8.8 Taxes. Fees are exclusive of applicable taxes, which will be added where required.

9.1 Term. These Terms apply from the Club's first use of the Service until all subscriptions are terminated and the account is closed.

9.2 Termination by the Club. The Club may terminate at any time under Section 8.4 and may request full account deletion by emailing josh@swimos.ca.

9.3 Termination by us. We may terminate or suspend the Service: (a) immediately, for material breach of these Terms, non-payment after notice, or conduct described in Section 7; or (b) for convenience, on 30 days' written notice, with a pro-rata refund of prepaid fees.

9.4 What happens to Club Data. On termination, the Club may export its Club Data for 30 days. After that period, we will delete Club Data from active systems, with residual copies removed from backups on our normal backup rotation. The Club may request immediate deletion in writing. Individual athlete records can be permanently erased from within the Service at any time while the account is active. We may retain records we are required to keep by law, and anonymized Technical Data and Aggregated Data that no longer identifies the Club.

9.5 Survival. Sections 5.1, 5.4, 5.6, 8.5, 10, 11, 12, 13, 14, and 15 survive termination.

10.1 Availability. We aim to keep the Service available and reliable but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where practicable.

10.2 Support. Support is provided by email at josh@swimos.ca during ordinary business hours in Ontario, Canada. Response targets, where offered, are described at the point of purchase and are not a warranty.

10.3 Security. We maintain reasonable technical and organizational safeguards, including encryption in transit and at rest, role-based access, and database row-level security isolating each Club's records. No system is perfectly secure. We will notify affected Clubs without undue delay of any breach of security safeguards involving their Club Data that creates a real risk of significant harm, and will provide the information the Club needs to meet its own reporting obligations.

10.4 Sub-processors. We use third-party providers to run the Service, currently including Supabase (database and authentication), Vercel (hosting and anonymized analytics), Resend (transactional email), Stripe (billing), and Sentry (error monitoring). Some operate on servers located in the United States and data handled there may be subject to foreign law. The current list is maintained in the Privacy Policy.

10.5 Backups. We maintain routine backups, but the Club is responsible for retaining its own copies of Club Data it considers critical.

11.1 Our property. The Service, including its software, interfaces, design, documentation, and the SwimOS name and marks, is owned by SwimOS and protected by intellectual property law. Except for the access rights in Section 3.2, no rights are granted.

11.2 Club property. Club Data, and any Club names, logos, or marks the Club uploads, remain the Club's property. The Club grants us the right to display its name and logo within the Service to its own Users.

11.3 Publicity. We will not use a Club's name or logo in public marketing without the Club's prior written consent.

The Service records and displays training information and calculates derived metrics, including training load, acute-to-chronic workload ratios, and similar indices. These outputs are informational coaching tools, not medical devices, medical advice, diagnosis, or injury prediction. They must not be used as a substitute for the judgment of a qualified coach, physician, physiotherapist, or other health professional. The Club and its Users are solely responsible for all coaching, training, selection, and athlete-welfare decisions, however informed by the Service.

Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Service is provided "as is" and "as available". We disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that results, metrics, or reports will be accurate or complete.

14.1 Exclusions. To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, however caused and regardless of the theory of liability.

14.2 Cap. Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees paid by the Club to us in the twelve (12) months immediately before the event giving rise to the claim, and (b) CAD $100.

14.3 Exceptions. Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

14.4 Basis of the bargain. The Club acknowledges that the fees reflect this allocation of risk and that we would not provide the Service on these terms without it.

The Club will defend, indemnify, and hold harmless SwimOS, and its owners, officers, and personnel, from and against any third-party claim, demand, loss, or expense (including reasonable legal fees) arising out of: (a) Club Data, including any claim that its collection, entry, or use infringed a right or breached a privacy obligation; (b) the Club's failure to obtain required athlete or parental consent; (c) a User's breach of these Terms; or (d) the Club's use of the Service in violation of law.

Each party may receive non-public information from the other. Each party will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and providers who need it and are bound by comparable obligations. This does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party. Disclosure required by law is permitted, with notice to the other party where lawful.

We may update these Terms. For material changes, we will give at least 30 days' notice by email to account administrators or by in-app notice before they take effect. Continued use after the effective date constitutes acceptance. If the Club does not agree, it may terminate under Section 9.2 and receive a pro-rata refund of prepaid fees for the remainder of the current term.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts of Ontario. The parties will attempt in good faith to resolve any dispute informally by contacting josh@swimos.ca before commencing proceedings.

19.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between the parties regarding the Service and supersede prior discussions. Any purchase order or Club-issued terms are of no effect unless we sign them.

19.2 Order of precedence. If a signed written agreement between the Club and SwimOS conflicts with these Terms, that agreement controls. Otherwise, these Terms control over any other document except the Privacy Policy on matters of privacy practice.

19.3 Assignment. The Club may not assign these Terms without our written consent, except to a successor of all or substantially all of its operations. We may assign these Terms in connection with a merger, acquisition, or sale of assets, on notice to the Club.

19.4 Severability and waiver. If a provision is held unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver of it.

19.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations.

19.6 Notices. Notices to us go to josh@swimos.ca. Notices to the Club go to the email addresses on its account. Notices are deemed received on the next business day after sending.

19.7 No third-party beneficiaries. These Terms do not create rights for anyone other than the Club and SwimOS.

19.8 Language. The parties have requested that these Terms and related documents be drawn up in English. Les parties ont demandé que cette convention et tous les documents qui s’y rattachent soient rédigés en anglais.

SwimOS
Ontario, Canada
josh@swimos.ca