Here at SwimUp Oy, we are focused on providing you the tools to become the best version of yourself, however, your health and safety are always a priority.
SwimUp, Oy, a Finnish company ("Company", "we", "us", "SwimUp") has created and offers SwimUp mobile application ("SwimUp App", "App") as well as the SwimUp website ("Website"). This App and Website is offered and available to users who are eighteen years of age or older. By using this App or Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App or Website.
1. HEALTH AND LIABILITY DISCLAIMER
SWIMUP AND THE SWIMUP APP PROVIDES SWIMMING WORKOUTS THAT SERVE AS GUIDELINES TO HELP YOU WITH YOUR SWIMMING ROUTINE. WORKING OUT CAN BE DANGEROUS. BEFORE USING THE SWIMUP APP, OR ENGAGING IN ANY STRENUOUS PHYSICAL ACTIVITY, YOU SHOULD CONSULT A PHYSICIAN OR MEDICAL PROFESSIONAL. ALL TIPS, GUIDANCE, AND INSTRUCTIONS WITHIN THE SWIMUP APP SHOULD BE TAKEN AS EDUCATIONAL AND SHOULD NOT BE FOLLOWED STRICTLY IF DOING SO CREATES ANY RISK FOR YOU. BY USING SWIMUP YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE CONSULTED WITH A PHYSICIAN OR MEDICAL PROFESSIONAL AND ARE HEALTHY ENOUGH TO PERFORM STRENUOUS EXERCISE.
PERFORMING ANY ACTIVITY DEPICTED OR DESCRIBED IN THE SWIMUP APP INVOLVES A RISK OF PERSONAL INJURY AND YOU EXPRESSLY ASSUME ALL RISK OF HARM. IF AT ANY TIME WHILE PERFORMING ANY ACTIVITY DEPICTED IN SWIMUP APP YOU FEEL ANY DISCOMFORT, PAIN, NAESUA, LIGHTHEADEDNESS, SHAKING, CHEST PAINS, OR ANY OTHER PAIN STOP USE AND IMMEDIATELY CONTACT A MEDICAL PROFESSIONAL OR DIAL 911.
Neither the Company nor any of its trainers or Affiliate will be liable for any injury or illness, either physical or mental, that may result, whether directly or indirectly, from any exercise or workout. You assume sole responsibility for performing exercises with proper form, and acknowledge that improper form may lead to a risk of injury. Everybody is different, and you acknowledge that any tips or guidance provided by SwimUp, either in text or video format, may not be good for you, and that you will consult a well-qualified coach, trainer, or physical therapist if you are new to any type of training specified within the SwimUp App. You also acknowledge that any tips or guidance provided by SwimUp within SwimUp App are not to be taken literally if such tips or guidance lead to any discomfort or pain, or are not in alignment with advice offered by your doctor or medical professional. Never swim alone, try to have someone next to you. If you are not confident swimmer, swim on shallow part of the pool where you can stand on the floor.
4. INTELLECTUAL PROPERTY
5. ACCOUNTS AND SUBSCRIPTIONS
Your subscription will continue until cancelled through Apple and Google. You acknowledge that subscription fees paid through Apple and Google are non-refundable. If you believe any charge was made in error to your account, or if you have any questions regarding how Apple and Google handles subscriptions, please contact their billing support.
6. MOBILE USE AND CONNECTIVITY
Use of the SwimUp App requires an Internet connection either through Cellular or Wifi.
You acknowledge that if you do not have this, some or all of the SwimUp App features will not work properly. By using the SwimUp App you acknowledge that its use of data will fall under your carrier's normal data consumption rates. If you find the SwimUp App not functioning properly, check your Internet connection. For any support related issues immediately contact email@example.com.
7. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using the SwimUp App if such claims are reported to our Designated Copyright Agent identified in the sample notice below. A valid complaint under the DMCA must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Services; Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please send DMCA requests to firstname.lastname@example.org. If the request provided is deemed valid under the DMCA, we will promptly remove the allegedly infringing content.
8. RELIANCE ON INFORMATION
All information within the SwimUp App, including but not limited to workouts, exercises, tips, guidance, videos, and quotes, is intended to be educational in nature. Encouraging expressions are idiomatic, and are not intended to instruct you to perform any activity beyond that which has already been approved by your physician or medical professional (as outlined in Section 1). You will be able to log records for specific exercises. Repetition counts, timer durations, or distance displayed are intended to be educational in nature and to serve as a guide, and are not to be followed if doing so does not align with activity approved by your physician or medical professional. Always be alert and aware when operating with equipment, and seek the advice of a well-qualified training professional or physical therapist when using equipment or performing exercises you are not familiar with.
9. WARRANTY DISCLAIMER
SwimUp is not responsible or liable for any Personal Information posted on the SwimUp App or for any offensive, unlawful or objectionable content you may encounter on or through the SwimUp App. The SwimUp App is provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, SwimUp disclaims all warranties, express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. SwimUp cannot guarantee and does not promise any specific results from use of the SwimUp App. SwimUp does not represent or warrant that the SwimUp App will be uninterrupted or error-free, that any defects will be corrected, or that this SwimUp App or the server that makes the App available are free of viruses or anything else harmful. To the fullest extent permitted by law, SwimUp does not make any warranties or representations regarding the use of the materials or Content in the SwimUp App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the SwimUp App, loss of data or other harm of any kind that may result. SwimUp reserves the right to change any and all Content and other items used or contained in the SwimUp App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. LIMITATION ON LIABILITY
IN NO EVENT WILL SWIMUP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SWIMUP APP, OR ANY CONTENT ON THE SwimUp APP OR SUCH OTHER SERVICES OR ITEMS OBTAINED FROM SwimUp, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. GOVERNING LAW AND JURISDICTION
14. CONTACT INFORMATION
Please contact support at email@example.com for any questions or concerns relating to this Terms of Service.
Latest update: December 19, 2019