MySwimEdge Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE MYSWIMEDGE AND ITS RELATED WEBSITE, APPLICATION AND TOOLS. THIS IS INTENDED TO BE A BINDING AGREEMENT, ENFORCEABLE AGAINST YOU, AND BY CLICKING THE “ACCEPT” BUTTON BELOW, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.

OVERVIEW

This document governs the use of the MySwimEdge Sensors, and related testing services provided by MySwimEdge, Inc. ("MySwimEdge"). By using the MySwimEdge Sensors and services, you ("User") agree to these Terms of Use, forming a binding agreement with MySwimEdge, Inc.

1. ACCEPTANCE OF TERMS

By using the MySwimEdge Sensors and services, you agree to be bound by these Terms of Use and any amendments made from time to time with or without notice. MySwimEdge provides the Sensors and associated services subject to these Terms of Use.

2. SERVICES DESCRIPTION

Whereas MySwimEdge has developed a Sensor and an Application for swimmers and triathletes (the “MySwimEdge”). The MySwimEdge measures a swimmer’s individual performance and may gather other analytics and transmits that data (the “Data”) to the MySwimEdge application (the “App”) which is accessible on a smartphone. All an individual swimmer’s key performance metrics are calculated, logged, and tracked on the App through unique profiles (“Profiles”) which provide in-depth insight into an athlete’s performance over time; and WHEREAS the Customer intends to use one or more MySwimEdge Packages or Sensors according to the electronic usage confirmation or communication to which these Terms & Conditions are attached and have been accepted. We provide access to MySwimEdge Website and App to Visitors and Registered Users subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing public areas or by accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use. If you do not agree to any of these terms, then please do not use the Platform. The Data is for the personal and professional use only.

3. USE RESTRICTIONS

The MySwimEdge Sensors and services are available for individuals aged 13 years or older. Users under 13 are prohibited. Users are prohibited from using the services for any unlawful activities or in ways that violate these terms.

4. USER RESPONSIBILITIES

You must consult a physician before beginning any new exercise program, particularly if you have pre-existing health conditions or concerns. You agree to use the MySwimEdge Sensors and services according to manufacturer instructions and not for any unauthorized or unlawful purposes.

5. INTELLECTUAL PROPERTY

All content related to the MySwimEdge Sensors and services, including but not limited to data, text, graphics, and software, is owned by MySwimEdge or its licensors and is protected by intellectual property laws. You are granted a limited license to use the MySwimEdge Sensors and services and must not copy, modify, or distribute the content without permission.

6. DISCLAIMER OF WARRANTIES

The MySwimEdge Sensors and services are provided "AS IS" without warranty of any kind. MySwimEdge does not guarantee the accuracy, reliability, availability, or suitability of any data or information provided. MySwimEdge disclaims all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

7. LIMITATION OF LIABILITY

MySwimEdge will not be liable for any damages resulting from the use of the MySwimEdge Sensors and services. This includes direct, indirect, incidental, punitive, and consequential damages, even if MySwimEdge has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, MySwimEdge's liability is limited to the greatest extent permitted by law.

8. INDEMNIFICATION

You agree to indemnify and hold harmless MySwimEdge and its affiliates, officers, agents, and employees from any claim or demand made by any third party due to or arising out of your use of the MySwimEdge Sensors and services.

9. MODIFICATIONS TO TERMS

MySwimEdge reserves the right to modify these Terms of Use at any time. Your continued use of the Sensors and services after any such changes shall constitute your consent to such changes.

10. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, USA.

11. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us at info@myswimedge.com.

12. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and MySwimEdge regarding the use of the MySwimEdge Sensors and services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

13. SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. By using the MySwimEdge Sensors and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.