Terms of Service

1. Who may use SwimSpark

You may use SwimSpark only if you are able to enter into a legally binding agreement or if you are using the service with permission from a parent, guardian, club, team, or authorized organization. If you are using SwimSpark on behalf of a swim club, team, or organization, you confirm that you have authority to accept these Terms on its behalf. If you are a parent, guardian, coach, administrator, or club representative entering information about a swimmer or minor, you confirm that you have the appropriate authority or consent to provide that information.

2. Accounts and responsibilities

You agree to:

• Provide accurate and current information
• Keep your login credentials secure
• Not share your account with unauthorized users
• Notify us if you believe your account has been compromised
• Use SwimSpark only for lawful and authorized purposes

You are responsible for all activity that occurs under your account.

3. Club and team responsibilities

Where a swim club, team, or organization uses SwimSpark, that organization is responsible for the information it enters, uploads, manages, or shares through the platform — including information about swimmers, parents, guardians, coaches, volunteers, race entries, attendance, training notes, and team communications. Clubs and teams are responsible for:

• Obtaining any required consent or authority to enter personal information
• Managing user access appropriately
• Ensuring only authorized individuals can view or edit team data
• Keeping club records accurate
• Using SwimSpark in accordance with applicable laws, policies, and sport organization requirements
• Communicating with parents, guardians, and swimmers about how their information is used

SwimSpark provides tools to help clubs manage team information, but each club remains responsible for its own use of that information.

4. Youth swimmer information

SwimSpark may be used to manage information about youth swimmers. Users must not enter personal information about a minor unless they have proper authority to do so, such as being a parent, guardian, coach, club administrator, or authorized representative of a swim organization. Youth swimmer information should only be used for legitimate swim team purposes, such as registration, team management, coaching, race entry, attendance, communication, and progress tracking.

5. Acceptable use

You must not:

• Use SwimSpark for illegal, harmful, abusive, or fraudulent purposes
• Access or attempt to access accounts, systems, or data without permission
• Interfere with or disrupt the platform
• Upload malicious code, viruses, malware, or harmful files
• Attempt to reverse engineer, copy, scrape, or exploit the platform
• Use SwimSpark to harass, threaten, or abuse others
• Send spam or unauthorized commercial messages
• Misuse swimmer, parent, coach, or club contact information
• Enter information that you do not have authority to provide
• Violate the privacy rights of others

We may suspend or terminate access if we believe these Terms have been violated.

6. Communications

SwimSpark includes tools for communication between clubs, coaches, administrators, parents, guardians, and swimmers. Users are responsible for ensuring their communications are appropriate, lawful, and related to legitimate swim team activities. SwimSpark is not responsible for the content of messages, announcements, or communications created by clubs or users.

7. Subscriptions and billing

Some SwimSpark services require payment. If you purchase a subscription or paid service, you agree to provide accurate billing information and pay all applicable fees. Subscription terms, pricing, billing cycles, taxes, renewals, and cancellations may be described on our pricing page, order form, invoice, or separate agreement. We may change pricing or subscription features from time to time; where required, we will provide reasonable notice of material changes. Payments are processed by Stripe — SwimSpark never stores full card numbers.

8. Registration payments between families and clubs

Clubs may use SwimSpark to collect registration fees from families online. These fees are set by, and paid to, the club: the club is the merchant of record, and payments are processed through the club's Stripe account via Stripe Connect. SwimSpark may charge a platform or subscription fee as agreed with the club. If you choose an installment plan, you authorize the scheduled charges to your saved payment method on the dates shown at checkout. Questions, disputes, and refunds for registration fees are between you and your club and are handled according to your club's refund policy; SwimSpark provides the tools clubs use to issue refunds but is not a party to the registration agreement between you and your club.

9. Waivers and club documents

Clubs may present waivers, consents, and other documents for acceptance during registration. These documents are between you and your club: SwimSpark stores the record of your acceptance on the club's behalf but is not a party to, and is not responsible for the content of, any club waiver or document.

10. Trials, early access, beta features, and demo accounts

SwimSpark may offer free trials, pilot programs, early access, or beta features. These may be incomplete, changed, limited, or discontinued at any time, and may contain errors or interruptions. We welcome feedback, but we are not required to implement suggested changes. SwimSpark may also provide publicly accessible demo accounts populated with fictional data: anything entered while using a demo account is not private, may be visible to other visitors, and may be modified or deleted at any time — do not enter real personal information into a demo account.

11. Intellectual property

SwimSpark — including our website, platform, software, design, branding, logos, features, text, graphics, workflows, and related materials — is owned by SwimSpark or its licensors. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on SwimSpark without our written permission. You retain ownership of the data and content you enter into SwimSpark, subject to the rights needed for us to provide the service.

12. User and club content

You are responsible for the information, content, records, files, messages, and data you submit to SwimSpark. By submitting content, you grant us permission to host, store, process, display, transmit, and use that content as needed to provide and improve the service. You confirm that you have the right, authority, or consent to submit any content or personal information you enter into SwimSpark.

13. Privacy

Your use of SwimSpark is also governed by our Privacy Policy, which explains how we collect, use, store, and protect personal information. You should review it before using SwimSpark.

14. Data security

We use reasonable administrative, technical, and physical safeguards to protect information stored in SwimSpark, but no online service can guarantee complete security. You are responsible for using strong passwords, protecting your account, limiting access to authorized users, and notifying us promptly of suspected unauthorized access.

15. Service availability

We aim to keep SwimSpark available and reliable, but we do not guarantee that the service will always be available, uninterrupted, secure, or error-free. SwimSpark may be unavailable from time to time due to maintenance, updates, technical issues, hosting provider issues, internet disruptions, security events, or circumstances beyond our control. We may modify, suspend, or discontinue parts of the service at any time.

16. Third-party services

SwimSpark integrates with and relies on third-party services, such as hosting providers, payment processors, and email providers. We are not responsible for third-party services, websites, products, or content; your use of third-party services may be subject to their own terms and privacy policies.

17. Disclaimer

SwimSpark is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no warranties or guarantees about the operation, availability, accuracy, reliability, suitability, or performance of SwimSpark. SwimSpark is a team management and coaching support tool; it does not replace the professional judgment of coaches, administrators, medical professionals, sport organizations, or governing bodies.

18. Limitation of liability

To the fullest extent permitted by law, SwimSpark and its owners, employees, contractors, partners, suppliers, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of data, loss of revenue, loss of profits, business interruption, reputational harm, or loss of goodwill. Our total liability for any claim related to SwimSpark will be limited to the amount paid by you to SwimSpark for the service during the three months before the claim arose, or $100 CAD if you have not paid for the service. Some jurisdictions do not allow certain limitations of liability, so some of these limits may not apply to you.

19. Indemnification

You agree to defend, indemnify, and hold harmless SwimSpark and its owners, employees, contractors, partners, suppliers, and service providers from claims, damages, losses, liabilities, costs, and expenses arising from your use or misuse of SwimSpark, your violation of these Terms or any law, content or information you submit, your failure to obtain proper consent or authority for information entered into SwimSpark, or your violation of another person's rights, including privacy rights.

20. Suspension and termination

We may suspend or terminate your access to SwimSpark if you violate these Terms, fail to pay required fees, create a security, legal, privacy, or operational risk, if we are required to do so by law, or if we discontinue the service. You may stop using SwimSpark at any time; if your club has a subscription, cancellation terms may be described separately.

21. Changes to these Terms

We may update these Terms from time to time. When we make changes, we will update the date at the top of this page; if changes are significant, we may provide additional notice, such as by email or through the platform. Your continued use of SwimSpark after changes are posted means you accept the updated Terms.

22. Governing law and contact

These Terms are governed by the laws of the Province of Newfoundland and Labrador and the laws of Canada applicable in that province, without regard to conflict of law principles. Any disputes will be handled in the courts located in Newfoundland and Labrador, unless otherwise required by law. For questions about these Terms, contact support@swimspark.com.