Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Streamline. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Streamline Swim LTD ("Streamline," "we," "us," or "our"), a company registered in England and Wales.

By downloading, installing, accessing, or using the Streamline mobile application ("App") or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, or use the App.

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

2. Definitions

For the purposes of these Terms:

• "App" means the Streamline mobile application for iOS and watchOS devices.
• "Content" means all text, graphics, images, workout programs, training plans, audio, video, and other materials available through the Services.
• "Platform" means the Apple App Store and any other distribution channels through which the App is made available.
• "Services" means the App, website, and all features, functionality, and content provided by Streamline.
• "Subscription" means a paid plan that provides access to premium features of the App.
• "User" or "you" means any individual who downloads, installs, or uses the App.
• "User Data" means any data, including health and fitness data, that you provide or that is collected through your use of the App.

3. Eligibility and Age Requirements

To use the App, you must:

• Be at least 13 years of age (or the minimum age required in your jurisdiction)
• If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), have your parent or legal guardian's consent to use the App and agree to these Terms on your behalf
• Have the legal capacity to enter into a binding agreement
• Reside in a jurisdiction where the App is available (currently the United Kingdom and United States)

We reserve the right to refuse service, terminate accounts, or cancel subscriptions at our sole discretion if we believe you do not meet these eligibility requirements or for any other reason.

4. Medical and Health Disclaimers

IMPORTANT - PLEASE READ CAREFULLY:

The content provided through Streamline is for informational and entertainment purposes only and is not intended to provide medical advice, diagnosis, or treatment. No doctor-patient or healthcare provider-patient relationship is created by your use of the App.

You should consult with a qualified healthcare practitioner before starting any exercise program, particularly if you:

• Have any pre-existing medical conditions
• Are pregnant or nursing
• Have cardiovascular, respiratory, or other chronic health conditions
• Have not exercised regularly in the past
• Are taking any medications
• Have any concerns about your physical ability to exercise

Use of any information provided through the App is solely at your own risk. We make no representations or warranties regarding the accuracy, completeness, or suitability of the workout programs for any particular individual. Results may vary, and we do not guarantee any specific outcomes from using the App.

All exercise, including swimming, involves inherent risk of personal injury, including serious injury or death. By using the App, you acknowledge and accept these risks and assume full responsibility for your health and safety during any activities undertaken in connection with the App.

5. Swimming Safety Disclaimer

IMPORTANT: Streamline is designed for swimmers who can already swim at least one lap comfortably.

• This App is NOT a substitute for swim lessons or water safety training.
• Never swim alone. Always swim in supervised areas with a lifeguard present when possible.
• Do not use the App in open water, rough conditions, or any environment you are not experienced in.
• Stop exercising immediately if you feel dizzy, short of breath, experience chest pain, or feel unwell.
• Be aware of your surroundings and other swimmers at all times.
• Ensure you are properly hydrated before, during, and after swimming.
• Do not use the App while under the influence of alcohol or drugs.

We are not responsible for injuries, accidents, drowning, or death that may occur while using the App or following any workout programs. You assume all risk associated with swimming and aquatic activities.

6. User Accounts and Responsibilities

To access certain features of the App, you may need to create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Not share your account or login credentials with any other person
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You are solely responsible for all activity on your account, whether or not you authorized that activity. We are not liable for any loss or damage arising from unauthorized access to your account.

7. Subscription and Payment Terms

7.1 Subscription Options

Streamline offers subscription plans that provide access to premium features. Available subscription tiers include Monthly, Quarterly, and Annual options. Current pricing is displayed in the App and on the Apple App Store at the time of purchase.

7.2 Billing and Payment

• All subscriptions are billed through your Apple ID account via Apple's In-App Purchase system.
• Payment is charged to your Apple ID account at confirmation of purchase.
• Prices are displayed in your local currency and may include applicable taxes.
• We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but will apply to renewals.

7.3 Auto-Renewal

Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current subscription period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.

7.4 Free Trials

We may offer free trial periods for certain subscriptions. If you do not cancel before the trial ends, you will be automatically charged for the subscription. Any unused portion of a free trial period will be forfeited when you purchase a subscription.

7.5 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation will take effect at the end of the current billing period. You will retain access to premium features until the end of your paid period.

7.6 Refunds

All purchases are processed through Apple. Refund requests must be submitted directly to Apple in accordance with Apple's refund policy. We do not have the ability to process refunds for purchases made through the App Store. Visit Apple Support for information on requesting refunds.

8. Intellectual Property Rights

8.1 Our Intellectual Property

All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, workout programs, training plans, and the selection and arrangement thereof, are the exclusive property of Streamline Swim LTD or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial use.

8.3 Restrictions

You agree NOT to:

• Copy, modify, distribute, sell, or lease any part of the App or its content
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use any data mining, robots, or similar data gathering or extraction methods
• Use the App for any commercial purpose without our prior written consent
• Create derivative works based on the App or its content
• Circumvent, disable, or interfere with security features of the App

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the App, you acknowledge and agree that:

• The App integrates with Apple HealthKit to read and write swimming workout data
• Health and fitness data collected through the App is processed in accordance with our Privacy Policy
• We comply with applicable data protection laws, including the UK GDPR and, where applicable, the EU GDPR
• You have the rights described in our Privacy Policy regarding your personal data

10. Service Availability and Modifications

We strive to ensure the App is available at all times, but we do not guarantee uninterrupted access. The App may be unavailable due to maintenance, updates, or factors beyond our control.

We reserve the right to:

• Modify, suspend, or discontinue any part of the Services at any time
• Update the App to add, change, or remove features
• Restrict access to certain features to users who have paid for a subscription
• Change these Terms at any time by posting the revised Terms in the App or on our website

Material changes to these Terms will be communicated via email or in-app notification. Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.

11. Disclaimers of Warranties

THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STREAMLINE SWIM LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

ANY WORKOUT PROGRAMS, TRAINING ADVICE, OR FITNESS INFORMATION PROVIDED THROUGH THE APP IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STREAMLINE SWIM LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE APP
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES
• ANY OTHER MATTER RELATING TO THE SERVICES

IN NO EVENT SHALL STREAMLINE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO STREAMLINE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED POUNDS STERLING (£100).

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STREAMLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow limitation of liability for personal injury or death, or for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

13. Indemnification

You agree to indemnify, defend, and hold harmless Streamline Swim LTD, its directors, officers, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property rights
• Any injury or harm to yourself or others arising from your use of the App or participation in swimming or exercise activities

14. Third-Party Services and Links

The App may integrate with or contain links to third-party services, websites, or content that are not owned or controlled by Streamline. This includes, but is not limited to:

• Apple HealthKit and Apple Fitness integration
• Apple Watch connectivity
• Links to external websites or resources

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we are not responsible or liable for any damage or loss caused by your use of any third-party services.

Your use of third-party services is governed by the terms and conditions and privacy policies of those services. We encourage you to review the terms and privacy policies of any third-party services you access through the App.

15. Apple-Specific Terms

The following terms apply to your use of the App as downloaded from the Apple App Store:

• Agreement with Streamline: These Terms are between you and Streamline Swim LTD only, and not with Apple Inc. ("Apple"). Streamline, not Apple, is solely responsible for the App and its content.
• Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Maintenance and Support: Streamline is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services.
• Warranty: Streamline is solely responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
• Product Claims: Streamline, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• Intellectual Property Claims: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Streamline, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• Legal Compliance: You represent and warrant that: (a) you are not located in a country that is subject to a UK or US Government embargo, or that has been designated by the UK or US Government as a "terrorist supporting" country; and (b) you are not listed on any UK or US Government list of prohibited or restricted parties.

16. Mobile-Specific Terms

The following terms apply specifically to your use of the App on mobile devices:

• Carrier Charges: You are responsible for any mobile carrier data charges that may apply when using the App. Standard messaging, data, and other rates and fees may apply.
• Device Requirements: The App requires iOS 17.0 or later and is optimized for use with Apple Watch Series 4 or later running watchOS 10.0 or later. Some features may not be available on older devices or operating system versions.
• Device Security: You agree not to use the App on any device that has been modified in violation of Apple's software license agreement (commonly known as "jailbreaking"). Using the App on a jailbroken device may compromise security and proper functionality.
• Connectivity: Certain features of the App require an internet connection. You are responsible for ensuring adequate connectivity. We are not responsible for any limitations in functionality due to connectivity issues.
• Battery and Device Care: Extended use of GPS and fitness tracking features may significantly impact battery life. You are responsible for managing your device's battery.

17. Electronic Communications

By using the App or providing your email address, you consent to receive electronic communications from us, including:

• Emails regarding your account, subscription, and the Services
• Push notifications related to your workouts and progress (if enabled)
• Updates about changes to these Terms or our Privacy Policy
• Marketing communications about new features and offers (subject to your preferences)

You may opt out of marketing communications at any time by adjusting your settings in the App or following the unsubscribe instructions in our emails. You cannot opt out of transactional or legal communications while you maintain an account.

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

18. Termination

18.1 Termination by You

You may stop using the App at any time and delete it from your devices. To fully terminate your account, you must also cancel any active subscriptions through your Apple ID account settings.

18.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, harassing, or illegal activity
• Non-payment of subscription fees
• Extended periods of inactivity
• At our sole discretion for any other reason

18.3 Effect of Termination

Upon termination:

• Your right to use the App will immediately cease
• We may delete your account and associated data in accordance with our Privacy Policy
• Any provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

19. Dispute Resolution and Governing Law

19.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the App shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

19.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the courts of England and Wales, and you consent to the personal jurisdiction of such courts.

19.3 Time Limitation

You agree that any claim or cause of action arising out of or relating to these Terms or your use of the App must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

19.4 Informal Resolution

Before initiating any formal legal proceedings, you agree to contact us at support@streamlineswim.app to attempt to resolve any disputes informally. We will endeavor to resolve complaints and disputes within 30 days.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Streamline regarding the App and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Streamline.

20.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and assigns.

20.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

20.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

21. Content Updates and Accuracy

While we strive to keep the information in the App accurate and up-to-date, we make no guarantees that all content is current, complete, or error-free. Workout programs and training advice may be updated or modified at any time without notice.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. This includes errors in content, descriptions, pricing, or availability.

22. Contact Information

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

• Email: support@streamlineswim.app
• Company: Streamline Swim LTD

For legal inquiries or formal notices, please use the email address above with "Legal Notice" in the subject line.