DRAFT, NOT YET IN EFFECT. These pages are drafts and do not apply to anyone yet.

Swim Beast Terms of Use

DRAFT, NOT YET IN EFFECT. These terms have not been published and do not apply to anyone yet. Not legal advice.

Version: 1
Effective date: [OWNER: the date this version is published]
Last updated: [OWNER: same date]

These terms are an agreement between you and [OWNER: legal name and form of the operator, and its postal address] ("Swim Beast", "we", "us") about your use of the Swim Beast app. By creating an account or using the app, you agree to these terms and to our Privacy Policy (https://legal.swimbeast.app/privacy). If you do not agree, please don't use the app.

Swim Beast is currently offered in the United States only.

If you downloaded the app from Apple's App Store, Apple's standard Licensed Application End User License Agreement also applies. These terms add to it; if the two conflict about your licence to use the app, Apple's agreement wins.

1. Who can use Swim Beast

• You must be at least 13 years old. The app asks for your date of birth before it creates your profile and does not allow accounts for anyone under 13.
• If you are 13 to 17, you may use the app's current features yourself, including open water and the live link. AI coaching and the after-swim check-in are only for people 18 or over. A parent or guardian should review these terms with you. To enter a ranked event in the monthly Meet, you need a parent's or guardian's permission, which we ask for by email (Privacy Policy, section 7). Planned: coached teams, and sharing hydration or pain check-in patterns with a coach, will also require a parent's consent before a 13- to 17-year-old can use them.
• You must give your real date of birth. An account created with a false date of birth may be closed.

2. Your account

• You sign up with an email address and a password (and confirm your email with a code we send), or with Sign in with Apple or Google sign-in.
• Keep your password private. You are responsible for what happens in your account. If you think someone else has access to it, change your password and use "Sign out of all other devices" in Settings, then contact us.
• One person per account. Don't create an account for someone else.

3. Your display name

Your display name is meant to be public: other users see it on the Community Leaderboard (if "Show me on leaderboards" is on), on Meet rankings and challenges if you enter the Meet, and with the reviews you write. Your display name must not:

• impersonate anyone, or suggest you are Swim Beast staff (names like "admin", "support" or "moderator" are refused automatically);
• be offensive, hateful, sexual or harassing;
• include contact details (phone numbers, emails, social media handles) or advertising.

We may ask you to change, or change ourselves, a display name that breaks these rules.

4. Health and safety

Swimming is physical exercise and carries real risks, including drowning and injury.

• Swim Beast gives general training suggestions only. It is not a medical service, and nothing in it is medical, physiotherapy or nutrition advice.
• Before starting any new training plan, including the starter week, consult a healthcare professional, especially if you have an injury, a medical condition or a health concern.
• Stop swimming immediately and get medical help if you feel pain, dizziness, chest discomfort or shortness of breath.
• Swim only where it is safe and supervised, follow the pool's or venue's rules and lifeguards' instructions, and never swim open water alone.
• Review every workout yourself before following it, and trust your own judgment over the app's suggestion if something feels wrong.
• You choose whether, where and how hard to swim, and you take on the risks of the exercise you choose to do.

5. Accuracy of your data

Distances, paces and other figures in the app come from what you enter, or from Apple Health and the Swim Beast Watch app if you use them. They can be wrong if the input or the device's measurement is wrong. GPS distances in open water are estimates. Each swim is shown in its pool's own unit (yards or metres). You can edit or delete any swim.

6. Acceptable use

Don't:

• break the law, or use the app to harm, harass or deceive anyone;
• try to access another person's account or data, or probe, scan or attack our systems or our providers' systems;
• copy, scrape, resell or reverse-engineer the app, except where the law allows it;
• enter false results to gain an advantage.

Video Review (other swimmers' videos, reviews and comments). The Community Guidelines you agree to before your first upload apply to everything you post. We do not tolerate objectionable content or abusive users. You can report a video, a review or a comment, and block a user, from the app. We act on every report within 24 hours of receiving it: content that breaks the guidelines is removed, and the account behind it is warned or suspended.

7. If we suspend or close an account

We may suspend or close an account that seriously or repeatedly breaks these terms, or where the law requires it. We tell you the reason in the app. You can appeal a suspension, a warning or a removal once, in the app, within 14 days of the decision; a moderator who was not part of the decision reviews it (while we have only one moderator, the same moderator reviews it again after a 48-hour pause). You can also contact us (section 14).

8. Ending your account

You can permanently delete your account at any time in the app: Profile → Settings → Privacy & data → Delete account (also reachable from Settings → Account, and from Profile → Help & support). The app offers to export your data first, asks you to confirm it is you with a recent sign-in, and asks you to type DELETE. Deletion is immediate and cannot be undone: your account, profile and all your swims are erased from our server, and the app erases that account's data from your phone and signs you out. Full details are in the Privacy Policy, section 9.2.

Deleting the app from your phone does not delete your account.

9. Price

Swim Beast currently sells nothing: nothing can be bought in the app. Some features are limited to the Plus or Pro plan levels, which we currently give only to test accounts. Review credits (used to ask for video reviews) are not money: they cannot be bought, sold or cashed out, and they have no value outside the app. If we ever offer paid features, these terms will be updated, and you will be told in the app, before any payment feature launches.

10. Beta testing (TestFlight)

If you use a test version through Apple's TestFlight, it may contain bugs, may lose data, and may change or stop working at any time. Test data may be reset. [OWNER: confirm whether test accounts and data will be kept or deleted when testing ends.] Apple's own TestFlight terms also apply to you.

11. Our app and your content

• The Swim Beast app, its design, starter workouts and other content belong to us and are protected by law. We give you a personal, non-transferable, revocable licence to use the app for your own training, under these terms and the rules of the store you downloaded it from.
• Your swims, notes and chat messages stay yours. You give us permission to store and process them, and to send what Privacy Policy section 2.5 lists to Anthropic if you turn on AI coaching, only to run the app for you, as described in the Privacy Policy. The Community Leaderboard shows your display name, rank and distance only while "Show me on leaderboards" is on. If you enter the Meet, your display name and time are shown in its rankings, and a video you give as evidence is shown to the people who verify Meet times (Privacy Policy, section 2.8).

12. No warranty and limits on our liability

The app is provided "as is" and "as available". We work to keep it running and your data safe, but we can't promise it will always be available, error-free or accurate.

To the extent the law allows: we are not liable for indirect, incidental or consequential losses, or for injury that results from exercise you choose to do; and our total liability to you for any claim is limited to the greater of what you paid us in the 12 months before the claim or US$50. Nothing in these terms limits liability that the law does not allow us to limit (for example for gross negligence or fraud), or your rights as a consumer under the law of the state where you live.

13. Changes, governing law and disputes

• We may update these terms. For a material change, we will tell you in the app before it takes effect. If you keep using the app after the change, the new terms apply; if you don't agree, you can delete your account.
• These terms are governed by the laws of the State of [OWNER: the operator's state], except where the law of the state you live in gives you protections that can't be excluded.
• Before going to court, please contact us (section 14) so we can try to sort it out. Any court case will be heard in the state or federal courts of [OWNER: county and state], unless the law of your state lets you bring it where you live. You may also use your local small-claims court.

14. Contact

• In the app: Profile → Help & support.
• Email: support@swimbeast.app [OWNER: confirm the support address].
• Post: [OWNER: postal address].