Terms of Use
These Terms of Use ("Terms") govern your access to and use of the apxswim coaching application (the "Service"), provided by apxswim ("apxswim", "we", "us"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and a coach, staff member, or authorized representative of a swim club or organization to create an account. The Service is not intended for use by children.
2. Your account
You are responsible for activity under your account and for keeping your sign-in credentials secure. You agree to provide accurate profile information and to keep it current. Notify us promptly of any unauthorized use.
3. Acceptable use
You agree not to:
- Enter data you are not authorized to collect, store, or process.
- Upload information about a minor without the authority or consent required by your organization and applicable law.
- Attempt to access another coach's or team's workspace or data.
- Reverse engineer, disrupt, overload, or probe the Service or its security, except where such restriction is prohibited by law.
- Use the Service for any unlawful purpose or in violation of any third party's rights.
4. Your data and content
You retain ownership of the roster, performance, and practice content you enter ("Your Content"). You grant us a limited license to host, process, and display Your Content solely to operate and provide the Service to you and your organization. You are responsible for the accuracy and lawfulness of Your Content.
5. Athlete and minor data
Because the Service stores information about minor athletes, you represent that you have the authority and any parental or guardian consent required to enter and process that information, consistent with your organization's policies and applicable law. You will handle athlete data responsibly and only for legitimate coaching purposes.
6. Organization administration
If your account is part of an organization, a designated administrator may have read-only visibility into aggregate, account-level usage and roster-volume information across teams. You acknowledge and agree to this administrative visibility as described in the Privacy Policy.
7. Subscriptions and fees
Certain features may require a paid subscription. Pricing, billing terms, and cancellation will be presented at the time of purchase. Where the Service is offered free of charge, we may change or discontinue free features at any time.
8. Service availability
We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. Some features (for example heart-rate monitoring) depend on third-party hardware, browsers, and connectivity outside our control. The Service is provided on an "as is" and "as available" basis.
9. Disclaimers
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Coaching analytics, qualifying-time calculations, and training-zone outputs are aids for a coach's judgment, not professional, medical, or safety advice, and you remain responsible for athlete safety and training decisions.
10. Limitation of liability
To the maximum extent permitted by law, apxswim will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data or profits, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim or USD $100.
11. Termination
You may stop using the Service and request deletion of your account at any time. We may suspend or terminate access if you violate these Terms or to protect the Service or its users. On termination, the license to host Your Content ends and associated data may be deleted as described in the Privacy Policy.
12. Changes to these Terms
We may update these Terms. When changes are material we will update the version and effective date and, where appropriate, ask you to re-accept the next time you sign in. Continued use after an update means you accept the revised Terms.
13. Governing law
These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-laws rules. Any dispute will be resolved in the courts located in that jurisdiction, unless applicable law provides otherwise.
14. Contact
Questions about these Terms: hello@apxswim.com.