Terms of Service

1.What the Service is

1.1SwimVolt measures a swimming start from video you upload and reports the resulting measurements, together with technique corrections derived from them.

1.2The Service is a measurement tool. It is not a coach, and it is not a medical, diagnostic or safety service. Nothing it reports should be relied on to make a decision about an injury, or about a swimmer’s fitness to train or compete.

1.3Measurement from video carries error. The target ranges the Service compares you against are drawn from published biomechanics, from coaching judgement, or are our own estimate, and the Service states which for each of them. We do not warrant that any measurement is accurate for a given clip, and the Service flags the conditions under which its own figures are least reliable.

2.Eligibility and your account

2.1You must be at least 13 years old to hold an account. If you are under 13, a parent, guardian or coach may film you on their own account, but you may not create one.

2.2If you are between 13 and 17, you confirm that a parent or guardian agrees to your use of the Service.

2.3An account is personal to one individual. You are responsible for keeping your sign-in credentials confidential and for activity carried out under your account.

2.4You agree that the information you give us is accurate, in particular your height and date of birth. Height determines the scale of every distance the Service reports; a wrong value does not produce a visibly wrong height, it silently skews your results.

3.Content you upload

3.1You retain ownership of the video you upload. You grant us only the licence necessary to store it, process it, measure it and display it back to you, and to do the same with the pose data derived from it. We do not acquire any right to publish it, sell it, or show it to other users.

3.2You warrant that you have the right to upload each file, and that uploading it does not infringe anyone’s rights.

3.3Where a person other than you appears in a file, you warrant that you have their permission and, if they are a minor, the verifiable consent of their parent or legal guardian. If you film swimmers you coach, obtaining that permission is your responsibility before the file leaves your phone, not ours afterwards.

4.Prohibited uses

4.1You must not:

4.2You must not resell or redistribute the Service, or present its output as your own product.

4.3We may remove content that breaches this clause, and suspend or terminate the account that uploaded it, without notice where the content depicts a minor unlawfully or was recorded somewhere recording was not permitted. We may report such content to law enforcement.

5.Copyright complaints

5.1Clause 4.1 forbids uploading broadcast, televised or commercially licensed race footage. If you believe material on the Service infringes your copyright, write to swimvolt@gmail.com with: your contact details; identification of the work; identification of the material and enough detail for us to find it; a statement that you believe in good faith the use is not authorised; a statement that the information is accurate and, under penalty of perjury, that you are the owner or authorised to act for them; and your signature, electronic or physical.

5.2We will remove or disable material that is the subject of a valid notice, and we will terminate the accounts of repeat infringers.

5.3If your material was removed and you believe that was a mistake, you may send a counter-notice to the same address.

6.Who may watch your video

6.1Automated measurement is not viewing. Every upload is processed by software; that happens to every clip and is what the Service is.

6.2No person at SwimVolt watches your dive video unless you have granted permission. There are exactly two ways to grant it, they are independent of each other, and neither is a condition of using the Service.

6.3The video-review setting. A single choice, offered once when you create your account and changeable at any time in Account. Switching it on lets us watch your dives to check that the Service measured them correctly. Switching it off applies to your past dives as well as your future ones, and takes effect immediately.

6.4Attaching a dive to a bug report. If you tell us a result looks wrong, you may send that specific dive with the report so we can look at it. That grant covers one dive, is not affected by clause 6.3, and is not withdrawn by switching the setting off. Deleting the dive withdraws it, and is the only way to.

6.5Video shared under clause 6.3 or 6.4 is used to verify and improve measurement accuracy. It is not published, sold, used in advertising, or shown to other users.

6.6Where you uploaded footage of someone else, you may not grant permission under this clause on their behalf unless you hold their consent, or their parent or guardian’s, under clause 3.3.

7.Retention and deletion

7.1There is no retention timer. We do not delete your dives after a fixed period. Comparing a start against one you recorded a season earlier is a purpose of the Service, and an automatic expiry would delete the thing you came back for.

7.2The corollary is that deletion is yours to exercise, and it works. You may delete an individual dive from your history, or your entire account from Account, at any time and without asking us.

7.3Deleting an account removes your stored video and pose files first, then your database records, and cancels any active subscription. It is not a flag on a row that stays behind.

7.4Routine encrypted backups may hold a copy for a limited period after deletion, until they rotate. Our service providers keep their own operational logs under their own policies. We may retain a minimal record where we are required to by law.

8.Plans and payment

8.1The Service offers a free allowance of analyses each calendar month and a paid plan without that limit. Current prices are displayed before you are asked to pay.

8.2Paid plans renew automatically for successive periods until cancelled. You may cancel at any time from Account; access continues to the end of the period you have already paid for.

8.3Payments are processed by Stripe and are subject to Stripe’s own terms. Card details never reach our servers. For a refund request, write to swimvolt@gmail.com.

8.4We may change prices. A change will not affect a period you have already paid for, and we will tell you before it applies to your next renewal.

9.Termination

9.1You may delete your account at any time from Account. Deletion removes your data as described in clause 7.

9.2We may suspend or terminate an account that breaches these Terms or that threatens the integrity of the Service. Except in the cases named in clause 4.3, we will tell you why.

9.3Clauses 3.1, 10 and 11 survive termination.

10.Disclaimers and liability

10.1The Service is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

10.2We do not warrant that the Service will be uninterrupted, or that every measurement it produces will be correct. See clause 1.3.

10.3To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, nor for lost data or lost profits. Our total aggregate liability arising out of or relating to the Service is limited to the greater of the amount you paid us in the twelve months preceding the claim, or fifty United States dollars.

10.4You agree to indemnify us against claims arising from footage you uploaded in breach of clause 3 or clause 4, including a claim brought by a person appearing in it.

10.5Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

11.General

11.1These Terms are governed by the laws of the State of Rhode Island, United States, without regard to its conflict-of-laws rules, and the courts of that state have exclusive jurisdiction.

11.2We may amend these Terms. Where an amendment is material we will notify account holders. Continued use of the Service after an amendment takes effect constitutes acceptance of it.

11.3If any provision is held unenforceable, the remainder continues in effect. Our failure to enforce a provision is not a waiver of it.

11.4You may not assign these Terms. We may assign them to a successor in connection with a merger or sale of the business.

11.5These Terms, together with the Privacy Policy, are the entire agreement between you and SwimVolt in respect of the Service.

11.6Questions about these Terms: swimvolt@gmail.com.