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1. Introduction

1.1 These terms and conditions of use (the “Terms”) apply to your access to and use of the Swimma mobile applications and the SWIMMA website (together, the “Service”), which are operated and made available by SWIMMA Ltd, a company incorporated and registered in England and Wales with company number 16396373 and registered office at 142 Dawes Road, London, England (“SWIMMA”, “we”, “us” or “our”).

1.2 By downloading, installing, registering an account with, or otherwise using the Service, you agree to be bound by these Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions which we may make available to you from time to time (together, the “Agreement”).

1.3 If you do not agree to the Agreement, you must immediately refrain from accessing or using the Service.

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2. Eligibility and Access

2.1 The Service is intended solely for individuals who are aged eighteen (18) years or over. By using the Service, you represent and warrant that you are at least eighteen (18) years of age.

2.2 We reserve the right at our sole discretion to refuse to provide access to the Service to any person, and to suspend, restrict or terminate any account where we reasonably suspect a breach of these Terms or where we otherwise consider it appropriate to do so.

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3. Updates, Maintenance and Third-Party Integrations

3.1 We may, from time to time, issue updates to the Service in order to improve performance, enhance functionality, address security issues, or for other operational reasons. You acknowledge that it may be necessary to install such updates in order to continue to use the Service, and that failure to do so may result in reduced functionality or inoperability.

3.2 Access to the Service may be affected by the performance of your device, internet connectivity, or integrations with third-party platforms (for example, wearable swim watches, fitness trackers or coaching applications). SWIMMA accepts no liability for any interruptions or limitations caused by such external factors, nor for the removal, discontinuance, or modification of third-party integrations.

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4. Subscriptions, Auto-Renewal and Cancellation

4.1 The Service may be offered on a paid subscription basis. Unless otherwise specified, subscriptions are automatically renewed at the end of each subscription term at the prevailing rate, until cancelled.

4.2 If you wish to avoid auto-renewal, you must disable the auto-renew setting in your account or app store subscription settings at least twenty-four (24) hours prior to the end of the current subscription period.

4.3 Where you cancel a subscription, access to the paid features of the Service will remain available until the conclusion of the then-current subscription period. No refund will be provided for any unused portion of the subscription, except where required by applicable law.

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5. Free Trials, Cooling-Off and Waiver

5.1 We may, in our sole discretion, offer free trials or promotional periods of access. Any such offer is subject to withdrawal or amendment at any time.

5.2 You may, in certain jurisdictions, be entitled to a statutory “cooling-off” period, during which you may cancel your subscription and obtain a refund. However, you acknowledge that where you elect to commence use of the Service immediately, you thereby waive any applicable cooling-off rights in respect of that subscription.

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6. Promotional Codes, Discounts and Referrals

6.1 SWIMMA may issue promotional codes, discounts or referral schemes from time to time. Such offers are made entirely at our discretion and may be withdrawn, varied or cancelled without notice.

6.2 Promotional codes are non-transferable, may not be exchanged for cash, and are subject to any additional terms communicated at the point of issue.

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7. Payments and Refunds

7.1 Payments for subscriptions or other purchases made through app stores (such as the Apple App Store or Google Play Store) will be processed by those third-party platforms and are subject to their applicable terms and conditions.

7.2 Payments made directly through the SWIMMA website will be processed by our appointed payment processors, and by proceeding you authorise such third parties to collect, store and process your payment information.

7.3 Except in cases of termination by SWIMMA for convenience, or where required by law, payments are non-refundable. In the event of termination by SWIMMA other than for your breach, you may be entitled to a pro-rata refund of pre-paid amounts.

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8. Termination and Suspension

8.1 We may suspend or terminate your account, or restrict your access to the Service, without notice where we reasonably believe that:
(a) you have breached these Terms;
(b) you are using the Service in a manner that may cause harm to us, other users, or third parties; or
(c) it is necessary to comply with legal or regulatory obligations.

8.2 Where feasible, we will provide notice of termination. However, we shall not be obliged to provide any refund where termination is the result of your breach of these Terms.

 

 

9. Indemnity

You agree to indemnify, defend and hold harmless SWIMMA, its directors, officers, employees, contractors and affiliates from and against any claims, liabilities, losses, damages, costs or expenses (including legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your misuse of the Service; or (c) your violation of any applicable law or third-party rights.

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10. Changes to the Terms

10.1 SWIMMA reserves the right to amend or update these Terms at any time. Any such changes shall take effect immediately upon posting on our website or within the Service.

10.2 Your continued use of the Service following publication of revised Terms shall constitute your acceptance of those changes. If you do not agree to the updated Terms, you must cease use of the Service immediately.

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11. Governing Law and Jurisdiction

11.1 These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.

11.2 You and SWIMMA irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter.

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12. Medical Disclaimer and Health Data Handling

12.1 Not Medical Advice
You acknowledge and agree that the content and functionalities provided through the Service—including any training plans, metrics, notifications, or guidance—are provided for informational purposes only, and do not constitute professional medical, health, or fitness advice. Nothing in the Service is intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or your ability to engage in physical activity. Do not disregard or delay seeking professional medical advice because of information obtained via the Service.

12.2 Assumption of Risk
Participation in swimming or swim-related training activities involves inherent risks of injury, illness, or death. These risks may include, but are not limited to, drowning, overexertion, adverse weather conditions, pool or open-water hazards, fatigue, underlying health conditions, and other unknown or unforeseeable hazards. Despite any preparation, instruction, or access to health data via this Service, serious injury or death may still occur.

12.3 Health and Fitness Responsibility
By using the Service, you represent and warrant that (i) you are in good physical condition and have no medical or mental condition that would prevent or limit your participation in swimming activities; and (ii) to the extent you have any such condition or concerns, you have consulted with a licensed healthcare provider before using the Service or engaging in any swim-training activities.

12.4 Health Data Handling
(a) In order to provide training insights, the Service may collect, process and store certain categories of personal health information, including but not limited to heart rate, calories burned, distance, swim stroke data, training history and other fitness metrics obtained directly from you or from third-party integrations (for example, swim watches or fitness trackers).
(b) By using the Service, you provide your explicit consent for SWIMMA to process such health data in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR).
(c) We will use your health data solely for the purpose of providing, maintaining, improving and personalising the Service, and for related internal business purposes.
(d) We will not disclose your health data to third parties except where required by law, where necessary to provide the Service (for example, to sync with a connected wearable), or where you have provided explicit consent.
(e) You may withdraw your consent to the processing of your health data at any time; however, doing so may limit or disable your access to certain features of the Service.

12.5 Release of Liability
To the fullest extent permitted by law, you release, waive, discharge, and covenant not to sue SWIMMA, its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all liability, claims, demands, or causes of action arising out of or relating to any injury, illness, damage, loss, or expense (including death)—however caused—related to your use of the Service or participation in physical activity associated therewith.

12.6 No Warranties
The Service is provided "as is" and "as available", without any representations or warranties of any kind, whether express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or that the Service will be uninterrupted or error-free.