Terms of Use

Introduction and Platform Nature

Welcome to the Swum mobile application (the "App"), a platform that connects coaches/instructors with parents/athletes seeking private swim instruction. These Terms of Use ("Terms") govern your access to and use of the App and all related services.

IMPORTANT: Swum is a technology platform only. We do not provide coaching or instruction services directly. All instruction services are provided by independent third-party coaches who are not employees of Swum. By using our App, you acknowledge this distinction and understand that Swum is not responsible for the quality, safety, or conduct of instruction services provided through our platform.

Geographic Scope: The Swum platform is currently available for use in the United States. If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with local laws. Users located in the European Economic Area (EEA), United Kingdom, or other jurisdictions with data protection laws should review our Privacy Policy for additional provisions that may apply to them. We may restrict access to the App from certain locations.

Acceptance of Terms

By downloading, installing, accessing, or using the Swum App, you agree to be bound by these Terms of Use. If you disagree with any part of these Terms, you are not authorized to use or access our App or Services.

These Terms should be read in conjunction with our Privacy Policy, available at https://swum.ai/privacy-policy, which is incorporated by reference. By agreeing to these Terms, you also agree to our Privacy Policy.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

User Accounts and Eligibility

Age Requirements: You must be at least 16 years old to create an account and use the Swum App. If you are between 16 and 18 years of age, you must have verifiable parental consent and supervision to use the App. By creating an account, you represent and warrant that you meet these age requirements.

COPPA Compliance (Children Under 13): While users must be 16 or older to create accounts, we recognize that parents and guardians may book swim lessons for children under 13 years of age. In compliance with the Children's Online Privacy Protection Act (COPPA):

We do not knowingly collect personal information directly from children under 13
The only information we collect about children under 13 is their name and birthday, which is provided by the parent or guardian
This information is shared solely with the instructor with whom lessons are booked, for the purpose of providing age-appropriate swim instruction
Parents and guardians consent to this limited collection and sharing by booking lessons for their child
Parents may review, delete, or refuse further collection of their child's information by contacting us at privacy@swum.ai
We do not use children's information for marketing purposes or share it with third parties beyond the booked instructor

Account Registration: To access certain features of our App, you must create an account. When registering, you agree to:

Provide accurate, current, and complete information
Maintain the security and confidentiality of your login credentials
Accept full responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account
Update your information promptly if any changes occur

Account Types: The App offers different account types for instructors and clients, each with specific features and responsibilities as detailed within the App.

Account Termination: We reserve the right to suspend, disable, or delete your account at any time and for any reason, including if we believe you have violated these Terms or if your account shows signs of fraud, abuse, or suspicious activity.

User Content and Conduct

User Content: You retain ownership of any content you submit, post, or display on or through our App ("User Content"). By submitting User Content, you grant Swum a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing and promoting our services.

Content Restrictions: You represent and warrant that your User Content:

Is yours or you have the right to share it and grant the licenses described above
Does not violate the privacy, publicity, copyright, or other rights of any person
Does not contain harmful, offensive, illegal, or otherwise objectionable material
Does not contain viruses, malware, or other harmful code

Content Monitoring: We do not actively monitor User Content but reserve the right to review and remove any User Content that violates these Terms or that we deem inappropriate or unlawful.

Prohibited Activities

When using our App, you agree not to:

Violate any applicable laws, regulations, or third-party rights
Use the App for any illegal purpose or to promote illegal activities
Harass, abuse, threaten, or intimidate other users
Post or transmit unauthorized commercial communications
Engage in fraudulent, deceptive, or misleading practices
Impersonate any person or entity or falsely state your affiliation
Distribute malware, viruses, or other malicious code
Attempt to gain unauthorized access to our systems, other user accounts, or related networks
Interfere with or disrupt the operation of the App or servers
Circumvent the Swum platform by directly contacting instructors or clients to avoid platform fees, or soliciting off-platform arrangements. This prohibition applies during your use of the platform AND for 12 months after your last contact with any user through the platform. Violations may result in account termination and a fee equal to the platform's commission on estimated off-platform transactions
Harvest or collect user information without consent
Engage in any activity that could disable, overburden, or impair the App
Engage in any inappropriate communication with minors

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

Child Safety and Protection

Swum prioritizes the safety of all users, particularly children. By using our App, you agree to adhere to the following child safety guidelines:

Never engage in inappropriate communication or contact with minors
Report any suspicious or concerning behavior involving minors immediately to support@swum.ai and, if appropriate, to local authorities
Parents/guardians are responsible for supervising minors during all instruction sessions
Instructors must maintain appropriate professional boundaries with all clients, especially minors
Never share personal contact information with minors outside the App's communication channels

We reserve the right to report any suspicious activity to appropriate authorities and to immediately terminate accounts of users who violate these guidelines or engage in any behavior that may put children at risk.

Instructor Requirements, Vetting, and Insurance

Background Check Disclosure: SWUM DOES NOT CURRENTLY CONDUCT BACKGROUND CHECKS ON INSTRUCTORS. By using our platform to find or hire an instructor, you acknowledge and accept this limitation. We may implement background check requirements in the future, which instructors will be required to complete.

Parent/Client Responsibility to Vet Instructors: Parents and clients are STRONGLY ENCOURAGED to independently verify the qualifications, credentials, and background of any instructor before booking lessons. We recommend:

Requesting and verifying certifications (e.g., lifeguard certification, WSI, USA Swimming coach certifications)
Checking references from previous clients
Conducting your own background check through services such as Checkr, GoodHire, or your local police department
Verifying instructor identity through video call before the first lesson
Reviewing public records and certification databases

Helpful Resources for Verification: The American Red Cross, YMCA, USA Swimming, and your state's licensing board may provide verification of instructor certifications. The National Sex Offender Public Website (nsopw.gov) provides free public access to sex offender registry data.

Insurance Requirements for Instructors: Instructors using the Swum platform must maintain:

General liability insurance with minimum coverage of $1,000,000 per occurrence and $2,000,000 aggregate
Professional liability (errors and omissions) insurance appropriate for aquatic instruction
Current CPR and First Aid certification from a recognized provider (American Red Cross, American Heart Association, or equivalent)
Lifeguard certification is strongly recommended for all swim instructors

Instructors must be prepared to provide proof of insurance and certifications upon request from Swum or clients. Failure to maintain required insurance and certifications may result in account suspension or termination. Swum reserves the right to request and verify documentation at any time.

Acknowledgment: BY USING THE SWUM PLATFORM TO HIRE AN INSTRUCTOR, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS SECTION AND ACCEPT FULL RESPONSIBILITY FOR VETTING ANY INSTRUCTOR YOU CHOOSE TO ENGAGE.

Health Disclosures and Medical Conditions

Client Health Disclosure Requirement: Parents, guardians, and adult clients are required to disclose any relevant health conditions, medical issues, disabilities, or special needs that may affect participation in swim instruction. This includes but is not limited to:

Seizure disorders, epilepsy, or fainting conditions
Cardiac conditions or heart problems
Respiratory conditions including asthma
Ear tubes, ear infections, or hearing impairments
Allergies (especially severe allergies requiring EpiPen)
Diabetes or blood sugar conditions
Developmental disabilities or autism spectrum conditions
Fear of water, prior traumatic water experiences, or anxiety disorders
Any condition that may be affected by physical exertion or water submersion

Failure to disclose relevant health information may result in unsafe instruction conditions. Instructors reserve the right to decline or modify instruction based on disclosed health conditions. Swum is not liable for any injury or incident resulting from undisclosed health conditions.

Payments and Fees

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

Payment Processing: Payments made through the App are processed by third-party payment processors. By making or receiving payments, you agree to comply with their terms and conditions.

Instructor Payments: For instructors, payouts will be processed according to the schedule and methods specified in the App. You are responsible for providing and maintaining accurate payment information.

Refunds and Cancellations: Instructors are required to set clear cancellation and refund policies and communicate them to clients before booking. Swum service fees are generally non-refundable except where required by law.

Payment Dispute Resolution Process: If you have a dispute regarding a payment, refund, or cancellation, you agree to follow this process:

Step 1 - Direct Resolution: First, attempt to resolve the dispute directly with the other party (instructor or client) through the in-app messaging system within 48 hours of the disputed transaction.
Step 2 - Swum Mediation Request: If direct resolution fails, either party may submit a dispute request to Swum at disputes@swum.ai within 7 days of the transaction. Include: transaction ID, date, amount, detailed description of the issue, and any communication records.
Step 3 - Review: Swum will review the dispute within 10 business days and may request additional information from either party.
Step 4 - Determination: While instructors set their own refund policies, Swum may, in cases of clear policy violations, no-shows without notice, or safety concerns, facilitate refunds or withhold instructor payouts pending resolution.

Chargebacks: If you initiate a chargeback with your bank or credit card company, Swum reserves the right to suspend your account pending investigation. Fraudulent chargebacks may result in permanent account termination and collection efforts for amounts owed. Instructors agree that Swum may deduct chargeback amounts from future payouts when the chargeback is determined to be valid.

Taxes: You are solely responsible for determining what taxes apply to your use of the App and services. You are also responsible for collecting, reporting, and remitting the correct taxes to the appropriate tax authority. Swum is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, or remitting any taxes arising from any transaction, except where required by law.

Intellectual Property

Swum Property: The App and its original content, features, functionality, and design elements are owned by Swum and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, create derivative works, reverse engineer, decompile, or attempt to extract the source code of the App, except where such restriction is expressly prohibited by applicable law.

License to Use: Subject to your compliance with these Terms, Swum grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial purposes.

Feedback: If you provide feedback or suggestions about the App, you grant Swum the right to use such feedback without restriction and without compensation to you.

Content After Account Deletion: When you delete your account, we will make reasonable efforts to remove your profile content from public visibility within 30 days. However, content you have shared with others (such as reviews, messages, or content that has been republished) may remain visible. Anonymized or aggregated data derived from your content may be retained for analytics purposes. Instructors should be aware that client reviews may remain visible even after account deletion.

DMCA Copyright Infringement Claims: If you believe that content on Swum infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent:

Email: dmca@swum.ai
Your notice must include: (1) identification of the copyrighted work; (2) identification of the infringing material and its location; (3) your contact information; (4) a statement of good faith belief that use is not authorized; (5) a statement under penalty of perjury that the information is accurate and you are authorized to act; (6) your physical or electronic signature.

Counter-Notice: If you believe your content was wrongly removed, you may submit a counter-notice with: (1) identification of removed material; (2) statement under penalty of perjury of good faith belief of mistake; (3) consent to jurisdiction; (4) your signature and contact information. We will restore content within 10-14 business days unless the complainant files a court action.

Independent Contractor Relationship

Instructor Status: 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.

No Employment Relationship: Nothing in these Terms creates an employment relationship between Swum and any instructor or coach using our platform. Instructors are solely responsible for:

Determining how, when, and where to provide instruction services
Maintaining all required licenses, certifications, and insurance
Complying with all applicable laws regarding their services
Paying all applicable taxes on income earned through the platform

Assumption of Risk and Liability Waiver

SWIMMING-SPECIFIC ASSUMPTION OF RISK: YOU ACKNOWLEDGE THAT SWIMMING AND AQUATIC ACTIVITIES INVOLVE INHERENT RISKS, INCLUDING BUT NOT LIMITED TO:

Drowning or near-drowning incidents
Submersion injuries and secondary drowning
Slip and fall injuries on wet surfaces
Impact injuries from diving or contact with pool surfaces
Exposure to waterborne bacteria, parasites, or chemical irritants
Cardiac events triggered by physical exertion or cold water
Ear infections, skin irritation, or respiratory issues
Injuries from improper technique or overexertion
Sun exposure, heat-related illness, or hypothermia

BY USING THE SWUM PLATFORM TO ARRANGE SWIM INSTRUCTION, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH AQUATIC ACTIVITIES, WHETHER KNOWN OR UNKNOWN, AND WAIVE ANY CLAIMS AGAINST SWUM FOR INJURIES, DEATH, OR DAMAGES ARISING FROM SUCH ACTIVITIES. THIS WAIVER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Parental Waiver: If you are a parent or guardian booking lessons for a minor, you agree to this assumption of risk on behalf of your child and waive any claims on their behalf. You acknowledge that parental or guardian supervision during lessons is strongly recommended, especially for young children and beginner swimmers.

Limitation of Liability

Disclaimer of Warranties: THE SWUM APP AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWUM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT 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 APP OR SERVICES.

Limitation Amount: IN NO EVENT WILL SWUM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SWUM IN THE LAST SIX (6) MONTHS, OR $100 IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SWUM.

Third-Party Services: Swum is not responsible for the actions, content, information, or data of third parties, including instructors, clients, and third-party services or websites linked from the App.

Safety Disclaimer: Swum does not guarantee the qualifications, safety, or suitability of instructors. Users are responsible for their own safety and the safety of any minors under their supervision. As stated above, we do not currently conduct background checks on users.

Indemnification: You agree to defend, indemnify, and hold harmless Swum and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the App and services, your violation of these Terms, or your violation of any rights of another.

Dispute Resolution

Informal Resolution: If you have a dispute with Swum, you agree to contact us first at support@swum.ai and attempt to resolve the dispute informally.

Binding Arbitration: If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms or the App shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions: The foregoing arbitration requirement does not apply to claims related to intellectual property rights, small claims court cases, or applications for emergency relief.

Class Action Waiver: ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR SWUM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Termination and Suspension

Termination by You: You may terminate your account at any time by following the instructions in the App or by contacting us at support@swum.ai.

Immediate Termination by Swum: We may immediately suspend or terminate your account without prior notice for serious violations, including:

Conduct that poses a safety risk to minors or other users
Fraudulent or illegal activity
Harassment, threats, or abusive behavior
Multiple or severe violations of these Terms
Activity that creates significant legal exposure for Swum

Termination with Notice and Cure Period: For minor or first-time violations of these Terms that do not involve safety concerns, fraud, or illegal activity, we will generally provide:

Written notice of the violation via email
A 7-day cure period to remedy the violation where reasonably possible
An explanation of what actions are required to maintain your account

Business Discontinuation: If Swum discontinues the App or service for business reasons, we will provide at least 30 days' advance notice to active users where practicable.

Effect of Termination: Upon termination, your right to use the App will immediately cease. Any pending payouts to instructors will be processed according to the normal payout schedule, less any amounts owed to Swum. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to Terms and App

Changes to Terms: We reserve the right to modify these Terms of Use at any time. If we make material changes, we will provide notice within the App or by other means. Your continued use of the App after the changes take effect constitutes your acceptance of the modified Terms.

Changes to App: We may update, modify, or discontinue the App or any of its features at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App or any part of it.

Data Security and Breach Notification

Data Security: Swum implements reasonable administrative, technical, and physical security measures to protect your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

Breach Notification: In the event of a data breach that compromises your personal information, Swum will:

Notify affected users without unreasonable delay, and in any case within 72 hours of becoming aware of the breach where feasible
Notify applicable regulatory authorities as required by law (including state attorneys general where required)
Provide information about the nature of the breach, types of data affected, and steps taken to address the breach
Offer guidance on steps you can take to protect yourself

Notification will be provided via email to the address associated with your account. If email is not feasible, we may provide notice through the App or via other reasonable means. For detailed information about how we handle your data, please review our Privacy Policy.

Photo and Video Release

Instructor Recording: Instructors may request to take photos or videos during lessons for purposes such as demonstrating technique improvements, portfolio building, or marketing. Instructors must obtain explicit verbal or written consent from clients (or parents/guardians for minors) before any recording.

Client Rights: As a client or parent/guardian, you have the right to:

Decline any photo or video recording at any time
Specify how recordings may be used (e.g., personal review only, no social media)
Request deletion of any recordings taken
Revoke consent for future use of previously taken recordings

Platform Content: If you voluntarily upload photos or videos to your Swum profile or share them through the platform, you grant Swum the license described in the User Content section. Swum may use anonymized or aggregate imagery for marketing purposes but will seek specific consent before using identifiable images of users, especially minors, in promotional materials.

Privacy Considerations: All users must respect the privacy of others and are prohibited from sharing photos or videos of other users without their consent. Violations may result in account termination.

Communications and Marketing Consent

Transactional Communications: By creating an account, you consent to receive transactional communications necessary for the use of the service, including booking confirmations, lesson reminders, payment receipts, and account notifications. These communications cannot be opted out of while maintaining an active account.

Marketing Communications: With your consent, Swum may send you marketing communications including:

Promotional offers and discounts
New feature announcements
Swimming tips and educational content
Instructor highlights and success stories
Seasonal promotions and swim safety information

Opt-Out: You may opt out of marketing communications at any time by clicking the "unsubscribe" link in any marketing email, adjusting your notification preferences in the App, or contacting us at privacy@swum.ai. Opt-out requests will be processed within 10 business days.

SMS/Text Messages: If you provide a mobile phone number and opt in to SMS communications, standard message and data rates may apply. You may opt out of SMS messages by replying STOP to any message or through your account settings.

General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any additional terms to which you agree when using particular elements of the App, constitute the entire agreement between you and Swum regarding your use of the App and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Swum.

Assignment: You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

Force Majeure: We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government actions, cyberattacks, distributed denial of service attacks, or other malicious cyber activity, power outages, or telecommunications failures.

Contact Us

For questions about these Terms of Use or general inquiries: support@swum.ai

For payment disputes: disputes@swum.ai

For privacy and data-related inquiries: privacy@swum.ai

For DMCA and copyright claims: dmca@swum.ai

For safety concerns or to report inappropriate behavior involving minors: safety@swum.ai

Last updated: January 7th, 2026