Terms & Conditions

1. Introduction

Welcome to ActiveSwim (the "App"). These Terms and Conditions ("Terms") govern your use of the App. By using the App, you agree to these Terms. If you do not agree with these Terms, please do not use the App.

2. Use of the App

2.1. Eligibility

You must be a registered swimming athlete, coaching staff, parent or an authorized person to use the App.

2.2. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial use only.

3. Prohibited Conduct

You agree not to:

• Use the App for any illegal purposes or in violation of any local, state, national, or international laws.
• Use the App in any way that could damage, disable, overburden, or impair the App.
• Attempt to gain unauthorized access to the App, user accounts, or computer systems or networks connected to the App.
• Use any automated means to access the App for any purpose without our express written permission.
• Reproduce, distribute, or create derivative works based on the App without our written permission.
• Post or transmit any content that is defamatory, obscene, pornographic, abusive, or otherwise objectionable.
• Use the App to harass, abuse, or harm another person.
• Engage in any activity that interferes with or disrupts the functioning of the App.
• Impersonate any person or entity or misrepresent your affiliation with a person or entity.

4. User Accounts

4.1. Account Creation

You may need to create an account to use certain features of the App. You must provide accurate and complete information and keep your account information updated.

4.2. Account Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device. You agree to accept responsibility for all activities that occur under your account or password.

5. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information in compliance with the Protection of Personal Information Act (POPIA) in South Africa.

6. Content

6.1. Your Content

You retain ownership of any content you submit through the App. However, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, and display your content in connection with the App and our business. You are responsible for ensuring that your content does not violate any intellectual property rights, is not offensive, and complies with all applicable laws.

6.2. Our Content

All content provided by us through the App, including text, graphics, logos, and software, is our property or the property of our licensors and is protected by intellectual property laws. You may not use our content without our express written permission.

7. Payments and Refunds

7.1. Payment Terms

All payments must be made in accordance with the payment terms specified within the App. You agree to pay all fees and charges associated with your use of the App in a timely manner.

7.2. Refund Policy

Refunds will be issued at our sole discretion and in accordance with the Consumer Protection Act (CPA) of South Africa.

8. Termination

We reserve the right to terminate or suspend your account and access to the App at our sole discretion, without notice and liability, for conduct that we believe violates these Terms or is harmful to other users of the App, us, or third parties, or for any other reason.

9. Disclaimers and Limitation of Liability

9.1. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, about the operation or availability of the App or the information, content, materials, or products included on the App.

9.2. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any damages of any kind arising from the use of or inability to use the App, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

10. Dispute Resolution

10.1. Arbitration Clause

Any disputes arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the Arbitration Act of South Africa.

10.2. Class Action Waiver

You agree to resolve any disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

11. Changes to Terms

We may modify these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.