Terms and Conditions

Introduction

Welcome to Swum, the premier app designed to bridge the gap between expert coaches/instructors and parents/athletes seeking private, personalized lessons. Our mission is to enhance the experience for individuals of all ages and skill levels by providing an easy-to-use platform that facilitates finding the right coaching match for your needs.

Swum is more than just a platform for scheduling lessons; it is a comprehensive ecosystem devoted to all things private instruction. Whether you're a parent looking for one-on-one instruction for your child, an adult participant aiming to improve your technique, or a coach looking to expand your client base, Swum offers the tools and resources to achieve your goals.

IMPORTANT: Swum operates as a technology platform connecting instructors with clients. We are not a provider of coaching or instruction services. All instruction services are provided by independent third-party coaches who are not employed by Swum.

Acceptance of Terms

By accessing, downloading, installing, or using the Swum application, you agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and Swum, concerning your use of the application. If you do not agree with these Terms, you are not authorized to access or use the application for any purpose.

These Terms include our Privacy Policy, which is incorporated by reference and available at https://swum.ai/privacy-policy. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.

Changes to Terms

Swum reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Your continued use of the Swum platform after such changes constitutes your acceptance of the new Terms. If you do not agree with the changes, you must discontinue using the platform.

Account Registration and Use

Age Restrictions

To use the Swum application, you must be 16 years of age or older. Users under the age of 18 must have permission and direct supervision by a parent or guardian. By creating an account, you represent and warrant that you meet these age requirements and that your parent or guardian agrees to these Terms on your behalf if you are under 18.

Account Responsibilities

When you create an account with Swum, you agree to:

  • Provide accurate, current, and complete information
  • Maintain the security of your password and account
  • Accept all risks of unauthorized access to your account
  • Promptly update your account information to keep it accurate and complete
  • Be fully responsible for all activities that occur under your account
  • Immediately notify Swum of any unauthorized use of your account or any other security breach

Swum reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

User Categories and Special Provisions

Instructors/Coaches

If you register as an instructor or coach on the Swum platform:

  • You acknowledge and agree that you are an independent contractor and not an employee, agent, joint venturer, or partner of Swum
  • You are solely responsible for determining how, when, and where you provide instruction services
  • You must maintain all required licenses, certifications, and insurance necessary to legally provide the services you offer
  • You agree to comply with all applicable laws and regulations regarding the provision of instruction services
  • You acknowledge that Swum may implement a verification process or background check system in the future, which you agree to participate in if implemented
  • You consent to Swum sharing certain information about you (such as qualifications and ratings) with potential clients
  • You agree to maintain appropriate professional boundaries with all clients, especially minors

Parents/Clients

If you register as a parent or client seeking instruction services:

  • You are responsible for vetting any instructor you choose to hire through the platform
  • You acknowledge that Swum does not currently conduct background checks on instructors
  • You are responsible for supervising minors during instruction in accordance with safe practices
  • You agree to provide accurate information about yourself and any athletes receiving instruction

Child Safety and Protection

Swum is committed to maintaining a safe environment for all users, especially children. To this end:

  • We prohibit any inappropriate contact or communication with minors
  • Any user who observes inappropriate behavior involving a minor must report it immediately to Swum at support@swum.ai and, if necessary, to local authorities
  • Parents are required to be present during all lessons involving minors
  • Swum reserves the right to report any suspicious activity to appropriate authorities
  • Any user found to be engaging in harmful or inappropriate behavior toward minors will be immediately removed from the platform and reported to appropriate authorities

While Swum strives to create a safe environment, we cannot guarantee the conduct of users on our platform. Parents and guardians remain responsible for the safety and supervision of their children at all times.

Service Provision

Swum provides a platform for connecting athletes and coaches for private lessons. Additionally, Swum offers various features and resources related to sports, activities, hobbies, training, and fitness. Some services or features within Swum may be available as part of a premium offering and may require payment.

Platform Nature: Swum is a technology platform that facilitates connections between instructors and clients. We do not provide coaching or instruction services directly. All coaching services are provided by independent third-party coaches who are not employees of Swum.

No Guarantees: Swum does not guarantee the quality, safety, or legality of instructor services, the truth or accuracy of instructor listings, the ability of instructors to deliver their services, or that a client will complete a booking or payment.

No Endorsement: Swum does not endorse any particular instructor. Any statements about instructors made by Swum are for informational purposes only.

Payments and Fees

Service Fees: Swum charges fees for the use of our platform. These fees may vary depending on the type of service and may be charged to instructors, clients, or both. Current fee structures are available within the application.

Payment Processing: Payments made through the Swum platform are processed by third-party payment processors. By using these payment services, you agree to comply with their terms and conditions.

Cancellations and Refunds: Cancellation policies are set by individual instructors. Swum encourages fair cancellation policies but is not responsible for mediating disputes between users regarding cancellations or refunds. Swum service fees are non-refundable except as required by law.

Taxes: Users are responsible for paying all applicable taxes and complying with relevant tax reporting requirements. Swum may, where required by law, collect and remit taxes on behalf of users.

User Conduct

All users agree not to engage in any of the following prohibited activities:

  • Violating any applicable law, contract, intellectual property right, or other third-party right
  • Engaging in any harassing, threatening, intimidating, or predatory conduct
  • Using the platform for any illegal purpose
  • Engaging in any discriminatory behavior based on race, gender, sexual orientation, religion, disability, or any other protected classification
  • Uploading viruses or malicious code or otherwise engaging in activity that could harm our platform or other users
  • Collecting or harvesting data from the platform or attempting to access data you do not have permission to access
  • Impersonating another person or misrepresenting your affiliation with a person or entity
  • Soliciting personal information from minors or harming or exploiting minors in any way
  • Bypassing the Swum platform to arrange services directly after initial contact through the platform (circumvention)
  • Engaging in any activity that interferes with another user's ability to use or enjoy the platform

Violation of these prohibitions may result in the termination of your account, your being banned from the platform, legal action, or reporting to law enforcement authorities.

Intellectual Property Rights

All content provided by Swum, including text, graphics, logos, images, and software, is the property of Swum or its content suppliers and is protected by intellectual property laws.

User Content License: Users may submit content to Swum; by doing so, they grant Swum a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and promoting the Swum platform. This license terminates when you delete your content or account, except where your content has been shared with others and they have not deleted it.

User Content Representations: You represent and warrant that: (i) you own the content you post or have the right to grant the license above, and (ii) your content does not violate the privacy, publicity, copyright, or other rights of any person.

Limitation of Liability

Disclaimer of Warranties: THE SWUM PLATFORM AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PLATFORM.

Safety Responsibility: Swum is not responsible for the monitoring of safety during lessons or for conducting background checks on coaches/instructors registered on the platform. Parents and clients are responsible for their own safety and the safety of any minors under their supervision.

Assumption of Risk: By using the Swum platform to connect with instructors, you acknowledge and assume all risks associated with such activities, including personal injury, and agree that Swum shall not be responsible or liable for any injuries, damage, or losses that may occur.

Indemnification: You agree to indemnify, defend, and hold harmless Swum and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Swum platform; (b) your violation of these Terms; (c) your violation of any rights of another person or entity; or (d) your conduct in connection with the Swum platform.

Dispute Resolution

Informal Resolution: Before filing a claim against Swum, you agree to attempt to resolve the dispute informally by contacting us at legal@swum.ai. We'll attempt to resolve the dispute informally by contacting you via email.

Binding Arbitration: You and Swum agree to resolve any claims relating to these Terms or the Swum platform through final and binding arbitration, except as set forth below. The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Delaware.

Exceptions: The requirement to arbitrate disputes does not apply to claims related to intellectual property (infringement, validity, etc.), small claims actions, or applications for emergency relief.

Class Action Waiver: You agree that any proceedings to resolve disputes will be conducted only on an individual basis and not as a class, consolidated, or representative action. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

Termination

Termination Rights: Swum may terminate or suspend your account and access to the platform immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Effect of Termination: Upon termination, your right to use the platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Account Deletion: You may request to delete your account by contacting us at support@swum.ai. Please note that some information may be retained as required for legitimate business purposes or as required by law.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to any choice or conflict of law provision or rule.

For any dispute not subject to arbitration, you and Swum agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating such disputes.

General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and Swum regarding your use of the platform and supersede all prior and contemporaneous written or oral agreements.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

No Waiver: Swum's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms without Swum's prior written consent, but Swum may assign these Terms without restriction.

Force Majeure: Swum shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, internet disturbance, or service provider failures.

Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Email: support@swum.ai

These Terms and Conditions were last updated on February 26, 2025.