YouSwim Terms of Service

01

Acceptance of these terms

What using YouSwim means.

By creating an account, signing in or using YouSwim in any way, you agree to these terms. If you do not agree, do not use YouSwim.

The privacy policy and terms you accept inside the app before your first upload are part of this agreement. Where that document and this one say different things, that document prevails, because it is the one you read and agreed to in the app.

02

Who may use YouSwim

The age rule, and what it means for young swimmers.

You must be at least 13 years old to have a YouSwim account, and old enough to agree to these terms where you live. If you are younger than that, a parent or guardian creates the account and uses YouSwim with you; the account is theirs, and so are the choices made with it.

Much of competitive swimming is about children and teenagers. Parents and guardians who film them, type their names and times and share the result are responsible for those decisions, as the privacy policy explains.

You may not use YouSwim if you have been banned from it, or if the law where you live does not allow you to use a service like this.

03

Your account and the sign-in code

How you get in, and what you are responsible for.

There is no password. You sign in with your email address and a one-time code we send to it, or through a sign-in provider such as Google, Microsoft or Apple. Whoever controls the mailbox controls the account, so keep that mailbox safe and never forward a code to anyone.

One address, one account. You are responsible for everything done with your account, whether you did it yourself or someone you let in did.

While access to the web app is opened a few seats at a time, an address may need an invitation before it can create an account. An invitation is personal and may be withdrawn.

04

Acceptable use

The rules of the privacy policy apply here in full.

YouSwim is for swimming as a competitive sport: races, relays, meets and training for competition. Videos about anything else are rejected, and repeated use of YouSwim for content outside swimming leads to a permanent ban.

Videos containing nudity, sexual content, violence, racism or any other form of aggression, including verbal aggression, insults, threats and harassment, are rejected, and the account that uploaded them is permanently banned, with every video in it removed and the email address behind it blocked. There is no warning and no second chance.

You may not interfere with the service: no scraping, no attempts to get around the daily limits or the invitation queue, no reverse engineering of the apps, and no automated access except through the API with a key we issued and within its permissions.

We may remove content and suspend or close accounts that break these rules, and we may report unlawful content to the authorities.

05

Your content and the licence you give us

Your video stays yours; here is what we need to be allowed to do with it.

You keep every right you have in the videos, pictures, names and race data you upload or type in. You confirm that you have the right to use them and to let us process them: that you recorded the video or have the permission of whoever did, and that the people in it, or their parents or guardians, agree with you putting it on YouSwim.

So that YouSwim can work, you give Nataction LLC a worldwide, non-exclusive, royalty-free licence to store, copy, analyse, render and transmit your content for the sole purpose of producing your video, delivering it to you and showing it to the people you share it with. The licence lasts as long as the content is on our servers and ends when it is deleted, as described in the privacy policy.

We never publish your video, use it in advertising or hand it to anyone else. Every share is an action you take.

Meet files you import are the organiser's published documents and join the shared results library, as the privacy policy describes.

06

Our content and marks

What belongs to Nataction LLC.

YouSwim, its apps, its design, its opening clips, graphics, fonts, code and the YouSwim name and logo belong to Nataction LLC or its licensors and are protected by copyright and trademark law. These terms give you a personal, non-transferable right to use the apps to make your own videos, nothing more.

The overlay YouSwim adds to your video is part of your video: you may keep it, share it and publish it. You may not remove the YouSwim watermark where the service applies one, pass the apps off as your own, or use the YouSwim name or logo to suggest an endorsement.

07

The service is provided as is

YouSwim is young, and we promise only what we can keep.

YouSwim is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the service will be uninterrupted, error-free or always available, that every video can be rendered, or that the times and results shown on a video are correct: they are what you or the meet file gave us.

We may change, limit or stop features at any time, and we open access to the web app a few seats at a time so that every video renders as fast as it should.

Originals are deleted a few days after upload and rendered videos a few weeks later, on the schedule given in the privacy policy. Save what you want to keep.

08

Video support

When our team makes a video for you: a best effort, confirmed by email.

Video support is an optional service for Premium members: our team makes a race video from the recording and the information you send us. It is a best effort, not a guarantee: we usually deliver within 24 hours, from a few hours to 3 days, and we may be unable to deliver when the recording is damaged, the results cannot be found or the video goes against the privacy policy. We tell you why in every case.

A request is accepted when we confirm it by email. Premium includes up to 5 requests per calendar month. Priority support, up to 30 requests a month processed first, is an add-on with its own fee of USD 39.99 per month, not included in the subscription: the fee is agreed by email before we start, and no fee is due for a request we cannot deliver.

A request we refuse does not count against your month. The video we deliver is yours like any other video you make with YouSwim: the same rights, the same responsibilities for its content and the same retention periods apply.

09

Limitation of liability

What Nataction LLC is and is not responsible for.

To the fullest extent permitted by law, Nataction LLC, its members, employees and contractors are not liable for any indirect, incidental, special, consequential or punitive damages, nor for any loss of data, videos, profits or goodwill, arising from your use of or inability to use YouSwim, even if we were told it could happen.

To the same extent, our total liability for any claim connected with YouSwim is limited to the amount you paid us for the service in the twelve months before the claim or, if you paid nothing, to one hundred US dollars.

Nataction LLC is not liable for user content. You are responsible for what is in your videos and for having the rights to it, and you will hold us harmless from claims that come from your content or your breach of these terms.

Some jurisdictions do not allow some of these limits. Where that is the case, they apply only as far as the law allows, and nothing here limits a liability that cannot be limited by law.

10

Ending the agreement

How you or we end it, and what happens after.

You can delete your account at any time from the Account screen. Deletion removes your videos, race data and sessions as the privacy policy describes.

We may suspend or close your account, revoke an invitation or stop providing the service to you if you break these terms, if the law requires it, or if we stop offering YouSwim. Where we can, we tell you why.

The sections on your content, our content, limitation of liability and governing law survive the end of the agreement.

11

Changes to these terms

How updates are announced.

We may update these terms. The version date at the top changes when we do, and the current text is always at youswim.app/terms. For a change that matters, we tell you in the app or by email before it takes effect. Using YouSwim after that date means you accept the new terms.

12

Governing law

Which law applies, and where disputes go.

These terms are governed by the laws of the jurisdiction where Nataction LLC is registered, without regard to conflict-of-law rules, and any dispute is brought before the courts of that place. If you are a consumer, you keep the protection of the mandatory rules of the country where you live.

If a part of these terms is found invalid, the rest stays in force.

13

Contact

Where to write.

Questions about these terms, abuse reports and copyright notices: write to privacy@nataction.com or through nataction.com. It is the same address the privacy policy gives.