Terms Apply

Please read our full Terms of Service carefully before proceeding.

Last Updated: June 16, 2026

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. IRONSIDE HOLDINGS LLC ("IRONSIDE HOLDINGS," "SWIM BUDDY," "WE," "US," OR "OUR") OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.SWIMBUDDYAPP.COM AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME (THE "WEBSITE"), AND THE SWIM BUDDY MOBILE APPLICATION AND RELATED PRODUCTS, FEATURES, CONTENT, TOOLS, AND SERVICES MADE AVAILABLE BY SWIM BUDDY AND/OR THROUGH THIRD-PARTY MARKETPLACES (COLLECTIVELY, THE "APP" AND, TOGETHER WITH THE WEBSITE AND RELATED SERVICES, THE "SERVICE").

THESE TERMS OF SERVICE (AS AMENDED FROM TIME TO TIME, THESE "TERMS OF SERVICE" OR THIS "AGREEMENT") APPLY TO ALL USERS OF THE WEBSITE, APP, AND SERVICE, INCLUDING USERS WHO REGISTER FOR AN ACCOUNT, USERS WHO DOWNLOAD OR ACCESS THE APP, USERS WHO INPUT, TRANSMIT, OR STORE INFORMATION IN THE SERVICE, AND USERS WHO VISIT OR VIEW CONTENT MADE AVAILABLE THROUGH THE WEBSITE OR APP.

BY ACCESSING, BROWSING, REGISTERING FOR, DOWNLOADING, OR USING THE WEBSITE, APP, OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE, APP, OR SERVICE.

YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE TO USE THE WEBSITE, APP, OR SERVICE.

IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, SOLE PROPRIETORSHIP, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS OF SERVICE, IN WHICH CASE "YOU" WILL REFER TO BOTH YOU AND THAT ENTITY.

THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY SWIM BUDDY IN ITS SOLE DISCRETION AT ANY TIME. WHEN MATERIAL CHANGES ARE MADE, WE MAY PROVIDE NOTICE BY EMAIL, IN-APP NOTIFICATION, WEBSITE NOTICE, OR OTHER REASONABLE MEANS. NON-MATERIAL CHANGES BECOME EFFECTIVE UPON POSTING. MATERIAL CHANGES BECOME EFFECTIVE ON THE DATE SPECIFIED IN THE UPDATED TERMS OR AS OTHERWISE COMMUNICATED TO YOU. YOUR CONTINUED USE OF THE WEBSITE, APP, OR SERVICE AFTER SUCH CHANGES BECOME EFFECTIVE CONSTITUTES YOUR ACCEPTANCE OF THE UPDATED TERMS. THESE TERMS OF SERVICE ALSO CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 32 THAT AFFECT YOUR LEGAL RIGHTS.

1. The Service

Swim Buddy is a software platform designed to support pool service businesses and other field service businesses. Depending on your subscription level, enabled features, device, and integrations, the Service may include tools and functionality relating to customer relationship management, lead and pipeline management, scheduling, dispatching, route planning, mapping, aerial and on-screen measurement, estimating and pricing tools, invoicing, billing and payment collection, work authorizations, electronic signatures, team and worker management, worker profiles, time, attendance and GPS check-in records, payroll-related records, driver and vehicle records, fuel and equipment tracking, incident reporting, communications (including in-app, email, text/SMS, and telephone-related features), call logging and cold-calling tools, job tracking, notes, photos, documents, automated and AI-assisted suggestions, push notifications, records management, and related business operations.

The Service is provided as a software and business operations tool only. Swim Buddy does not itself perform pool or field services, contract with your customers on your behalf, act as your employee, employer, payroll provider, or agent, broker any transaction, or provide legal, tax, accounting, employment, payroll, insurance, lending, compliance, or regulatory advice. You are solely responsible for how you operate your business and how you use the Service.

Your use of the Service is also subject to any additional product-specific terms, policies, notices, or rules that we may make available from time to time. If additional terms apply to a specific feature, those additional terms are incorporated into these Terms of Service by reference and will govern solely with respect to that feature in the event of a conflict.

2. Eligibility and Authority

You must be legally capable of entering into a binding agreement in order to use the Service. By using the Service, you represent and warrant that:

- you are at least the age of majority in your jurisdiction,

- you have the full right, power, and authority to agree to these Terms of Service,

- if using the Service on behalf of a business or organization, you are authorized to bind that business or organization,

- all information you provide is true, accurate, current, and complete.

You may not use the Service if doing so would violate applicable law or if we have previously suspended or terminated your access.

3. Registration and Accounts

3.1 Account Creation

To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information and to promptly update such information as necessary.

You may be asked to provide information such as your name, email address, phone number, company name, business type, payment information, or other details needed to establish and maintain your account.

3.2 Account Responsibility

You are solely responsible for:

  • maintaining the confidentiality of your account credentials,

  • restricting access to your devices and account,

  • all activities that occur under your account,

  • ensuring that account information remains accurate and current.

You may not share credentials in a way that violates your subscription plan or compromises account security. We reserve the right to suspend or terminate accounts containing false, misleading, incomplete, or unauthorized information.

3.3 Account Owners and Authorized Users

If you create or maintain an account for a business, the business will be treated as the account owner for operational purposes, and the designated primary administrator or billing contact may be treated as the account owner or default administrator ("Account Owner").

The Account Owner or its administrators may invite employees, contractors, technicians, office staff, drivers, or other authorized users ("Authorized Users") to access the Service, and may assign roles and permissions that control what each Authorized User can view and do. The Account Owner is responsible for:

  • assigning and managing permissions and access levels,

  • ensuring Authorized Users comply with these Terms of Service,

  • all acts and omissions of Authorized Users,

  • all data and content entered, accessed, or shared by Authorized Users,

  • removing access promptly when an individual is no longer authorized.

We may rely on instructions, actions, permissions, invitations, and communications submitted through an account as though they were authorized by the Account Owner.

3.4 Account Ownership Disputes

In the event of any dispute regarding account ownership, access, or administrative control, we reserve the right to request documentation reasonably necessary to determine the appropriate owner or administrator, including identification, business records, proof of authority, and payment information. We may suspend access pending resolution of such a dispute.

4. Subscription Terms, Billing, Renewals, and Trials

Certain features of the Service require payment of subscription fees. Pricing, plans, included features, usage limits, and available functionality may vary by platform, promotion, location, or subscription tier.

If you start a free trial, you acknowledge and agree that:

  • the free trial may automatically convert into a paid subscription unless canceled before the trial ends,

  • recurring subscription fees may apply unless canceled,

  • you are responsible for managing cancellation through the applicable billing channel.

If you subscribe through the Apple App Store or Google Play, billing, renewals, cancellations, and refunds are governed by the applicable app marketplace's terms and policies in addition to these Terms of Service. Refunds, if any, will be handled in accordance with the applicable platform's refund policy unless otherwise required by law.

If you subscribe directly through our website or our third-party payment processor rather than an app marketplace, you authorize us and our payment processor to charge your designated payment method for all applicable fees, including recurring subscription fees, on the billing schedule disclosed at the time of purchase.

Subscriptions may renew automatically unless canceled before the renewal date. Fees are generally billed in advance and are non-refundable except where required by law or expressly stated otherwise.

We reserve the right to change pricing, packaging, plans, included features, trial terms, or usage restrictions at any time. Where required by applicable law, we will provide reasonable notice before a material pricing change takes effect.

You are responsible for all taxes, duties, levies, and governmental assessments associated with your use of the Service, excluding taxes based on our net income.

5. Payment Processing

We use third-party payment processors and app marketplaces (including, where applicable, Stripe, Apple, and Google) to process subscription payments and certain other transactions. By providing payment information, you authorize us and the applicable processor to store and charge your payment method as described in these Terms and at the point of purchase.

Your payment information is collected and processed by the applicable payment processor in accordance with its own terms and privacy practices. We do not receive or store your full payment card number, and we are not responsible for the acts, omissions, availability, security, or performance of any payment processor or app marketplace.

You are responsible for ensuring your payment information is accurate and current. If a payment is declined, reversed, charged back, or otherwise not received, we may suspend or restrict your access to paid features until the amounts owed are paid. You agree to reimburse us for any fees, costs, or expenses we incur as a result of charge reversals or chargebacks initiated in bad faith or in breach of these Terms.

6. Collecting Payments and Invoicing Your Customers

The Service may allow you to create estimates and invoices, request deposits or payments, record payments, and otherwise manage billing for your own customers. With respect to any amounts you bill or collect from your own customers through or in connection with the Service:

  • you, and not Swim Buddy, are the merchant of record and the party contracting with your customer,

  • you are solely responsible for the goods and services you provide, your pricing, your taxes, your refunds, and your customer relationships,

  • you are solely responsible for the accuracy and legality of every estimate, invoice, charge, deposit, surcharge, fee, and tax you apply,

  • you are solely responsible for handling customer disputes, chargebacks, refunds, and complaints,

  • you are solely responsible for compliance with all laws governing billing, payment collection, lending, surcharging, consumer protection, and recordkeeping.

Swim Buddy acts only as a technology provider that helps you create, send, organize, and record these documents and amounts. Swim Buddy does not guarantee that any invoice or estimate will be paid, is accurate, or is enforceable, and is not a party to any agreement between you and your customers.

7. License to Use the Service

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website, App, and Service for your internal business purposes.

This license does not grant you any ownership rights in the Service or any related intellectual property. Except as expressly permitted by these Terms of Service, you may not:

- copy, reproduce, republish, distribute, publicly display, or publicly perform the Service,

- modify, adapt, translate, or create derivative works from the Service,

- reverse engineer, decompile, disassemble, or attempt to derive source code,

- scrape, crawl, frame, mirror, or otherwise extract data from the Service,

- use the Service, or any data or output from it, to build, train, improve, benchmark, or support a competing product or service,

- resell, lease, sublicense, or commercially exploit the Service except as expressly authorized by us in writing,

- bypass or interfere with security, authentication, rate-limiting, or access-control features.

## 8. User Content and Data

All information, records, data, files, text, communications, customer information, lead information, job details, invoices, estimates, work authorizations, worker profiles, payroll-related data, time, attendance and GPS records, location data, notes, photographs, videos, signatures, and other materials uploaded to, entered into, transmitted through, generated in, or stored through the Service by you or your Authorized Users ("User Content") are your responsibility.

As between you and Swim Buddy, you retain ownership of your User Content. However, you grant Swim Buddy and its service providers a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, back up, analyze, process, and otherwise use User Content as necessary to:

- provide, maintain, secure, and improve the Service,

- support and troubleshoot your use of the Service,

- enforce these Terms of Service,

- comply with applicable law and lawful requests,

- create aggregated, anonymized, or de-identified analytics, benchmarking, and operational insights that do not identify you or your customers personally.

You represent and warrant that:

- you have all necessary rights, licenses, permissions, and authority to provide the User Content,

- your User Content is lawful and accurate to the extent required for your business purposes,

- your User Content does not violate any law or third-party right,

- you have provided all required notices and obtained all required consents and authorizations from customers, employees, contractors, leads, and other individuals whose information you upload, contact, record, or process through the Service.

Swim Buddy does not actively monitor all User Content and does not guarantee its legality, accuracy, quality, reliability, or integrity.

## 9. End Users, Employees, Workers, and Business Responsibility

The Service may be used to collect, store, or process information relating to your own customers, employees, technicians, workers, drivers, contractors, or leads, including contact details, profiles, time and attendance records, GPS check-ins, location and route information, payroll-related figures, and performance or incident records. As between you and Swim Buddy, you are solely responsible for determining whether you have provided all legally required notices and obtained all necessary consents and permissions to collect, use, disclose, sign, send, store, monitor, track, or otherwise process such information through the Service.

You are the employer of, and the party responsible for, your own personnel. Swim Buddy is not your employer, co-employer, payroll provider, or agent, and does not determine wages, hours, classification, scheduling, or employment decisions. You are solely responsible for compliance with all employment, labor, wage-and-hour, worker classification, payroll, tax, benefits, workplace safety, and employee-monitoring laws applicable to you and your personnel.

If we process information on your behalf in connection with the Service, we do so as a technology provider in support of your use of the platform. You remain responsible for your own business operations, agreements, privacy obligations, customer and employee relationships, legal compliance, and recordkeeping practices.

## 10. Work Authorizations, Estimates, Invoices, and Electronic Signatures

The Service may allow you to create, transmit, store, organize, or obtain signatures on work authorizations, estimates, approvals, invoices, job records, and other business documents, including by collecting electronic or remote signatures.

By using such features, you acknowledge and agree that:

- Swim Buddy is solely a technology provider facilitating document creation, storage, workflow, and electronic signature collection,

- you are solely responsible for the legality, enforceability, accuracy, completeness, retention, and use of all such documents,

- you are solely responsible for verifying the identity and authority of any person who signs or approves a document through the Service,

- you are solely responsible for compliance with all laws governing contracts, disclosures, notices, consumer protections, recordkeeping, and electronic signatures (including the federal ESIGN Act, UETA, and any applicable state or local equivalents),

- Swim Buddy does not provide legal advice and does not guarantee that any document or signature created, transmitted, or stored through the Service will be legally valid or enforceable in any jurisdiction or circumstance.

If a signed document is revised, amended, or materially changed, you are responsible for obtaining any new signatures or approvals required to reflect and validate those changes. Amendments to previously signed documents should be documented through a newly executed version signed by all required parties.

## 11. Estimates, Measurements, Pricing, and Automated and AI Outputs

The Service may provide estimating, pricing, mapping, aerial or satellite-based measurement, calculation, route planning, and automated or AI-assisted suggestions and outputs. These features rely on data you enter, third-party data and imagery, and automated processing, and are provided for convenience and guidance only.

You acknowledge and agree that:

- measurements derived from maps, satellite, or aerial imagery are approximations and are not survey-grade or guaranteed to be accurate,

- estimates, prices, quantities, durations, routes, tax figures, and AI or automated suggestions are for guidance only and may be incomplete, inaccurate, or outdated,

- you are solely responsible for independently reviewing, verifying, and confirming all measurements, estimates, pricing, and outputs before relying on them or sharing them with your customers,

- you are solely responsible for all business, financial, pricing, scheduling, safety, and legal decisions you make, whether or not informed by the Service.

Swim Buddy does not warrant the accuracy, completeness, or fitness for any particular purpose of any estimate, measurement, calculation, route, or automated or AI-generated output, and shall not be liable for any decision made or action taken in reliance on them.

## 12. Communications, Text Messages, Calls, and Cold Calling

The Service may enable you to send and receive communications, including in-app messages, email, text/SMS messages, and telephone-related features, and may provide call logging, cold-calling, and related tools. Swim Buddy acts only as a technology conduit that helps you manage and record these communications; you are the sender and the party responsible for them.

You are solely responsible for ensuring that your communications comply with all applicable laws, and you represent and warrant that you will:

- obtain all legally required consents before calling, texting, emailing, or recording any person, including any prior express written consent required for marketing or automated communications,

- comply with all laws and regulations governing telemarketing, electronic communications, and call recording, including (where applicable) the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, federal and state Do-Not-Call requirements, and one-party and all-party (two-party) call-recording consent laws,

- honor opt-out, unsubscribe, and do-not-contact requests promptly,

- not use the communications features to send spam, unlawful, deceptive, harassing, or unsolicited messages.

Standard carrier voice, data, and messaging rates may apply to communications sent or received through the Service. You are solely responsible for any claims, penalties, or liabilities arising from your communications, and you agree to indemnify Swim Buddy against them.

## 13. Location Data, GPS Check-Ins, and Field Tracking

The Service may collect and use location and GPS data to provide features such as mapping, route planning, navigation, job-site geocoding, GPS check-ins, attendance, and driver or field tracking. Some of these features require location permissions on your device or the devices of your Authorized Users.

If you enable location, GPS check-in, or tracking features for your employees, workers, drivers, or other personnel, you are solely responsible for providing all legally required notices and obtaining all legally required consents from those individuals, and for complying with all applicable employee-monitoring, location-privacy, and labor laws. Location data may be approximate, delayed, or unavailable due to device, network, or environmental conditions, and Swim Buddy does not guarantee its accuracy or availability.

## 14. Push Notifications

The Service may send push notifications, alerts, and reminders to your device. You may enable or disable push notifications through your device settings, though disabling them may limit certain functionality. Push notifications are delivered through third-party operating system and messaging services and may be delayed or undelivered for reasons outside our control.

## 15. Acceptable Use and Restrictions

You agree not to use the Website, App, or Service to:

- violate any applicable law, rule, regulation, or third-party right,

- upload, post, transmit, or make available unlawful, harmful, fraudulent, abusive, defamatory, obscene, infringing, misleading, or otherwise objectionable material,

- upload malware, viruses, malicious code, or harmful files,

- impersonate any person or entity or falsely imply affiliation,

- interfere with or disrupt the Service or related systems, servers, or networks,

- circumvent or breach security, authentication, rate-limiting, or access controls,

- collect or store information about other users except as intended by the Service,

- send spam, unauthorized solicitations, unlawful telemarketing, or engage in deceptive or unlawful commercial activity,

- sublicense, resell, lease, copy, distribute, or otherwise commercially exploit the Service except as expressly permitted by us in writing,

- use the Service in a manner inconsistent with your subscription plan,

- use the Service in any way that could create liability, harm, or reputational damage for Swim Buddy or others.

We reserve the right, but not the obligation, to investigate suspected violations, remove User Content, suspend access, reclaim usernames, and disclose information where reasonably necessary to comply with law, protect users, respond to support issues, enforce these Terms of Service, or protect rights, safety, and property.

## 16. Data Storage, Retention, and Usage Limits

You acknowledge that Swim Buddy may establish general practices and limits concerning use of the Service, including storage limits, retention periods, data usage thresholds, feature limitations, or restrictions based on subscription tier.

You are solely responsible for maintaining your own backups and records. Swim Buddy has no responsibility or liability for deletion, corruption, loss, failure to store, or restricted access to User Content, whether due to account changes, downgrades, subscription limitations, suspension, termination, technical issues, or otherwise.

Downgrading or changing your subscription may result in loss of access to certain features, historical data, stored content, capacity, or functionality, and Swim Buddy shall not be liable for such loss.

## 17. Third-Party Services and Integrations

The Service may contain links to, integrate with, or interoperate with third-party services, websites, payment processors, mapping and imagery providers, geocoding and navigation services, analytics providers, app marketplaces, email and messaging providers, telephony providers, cloud hosting and storage providers, and software integrations ("Third-Party Services").

Your use of Third-Party Services is governed by the applicable third party's terms and privacy practices, not these Terms of Service. Swim Buddy does not control, endorse, or assume responsibility for any Third-Party Services, including their availability, legality, functionality, billing, content, data handling, performance, or security.

If you enable an integration, connect a third-party account, or use a third-party add-on, you authorize Swim Buddy to exchange relevant data with the applicable provider as necessary for the integration or functionality to operate.

## 18. Mobile App Terms

The App may be made available through third-party app marketplaces such as the Apple App Store and Google Play. Your use of the App must comply with the terms, rules, and usage requirements of the applicable marketplace.

The App is licensed, not sold, to you. Your license to use the App is limited to a non-transferable, revocable license to use the App on devices you own or control, as permitted by the applicable app marketplace rules.

You acknowledge that:

- Apple and Google are not parties to these Terms of Service,

- Swim Buddy, and not Apple or Google, is responsible for the App and its content,

- Apple and Google have no obligation to provide maintenance or support for the App,

- to the extent permitted by law, Apple and Google have no warranty obligations with respect to the App,

- Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms of Service and may enforce them against you.

Standard carrier data and messaging rates may apply.

## 19. Intellectual Property

Unless otherwise stated, all intellectual property rights in the Website, App, Service, and all software, code, architecture, layout, design, text, graphics, branding, logos, trademarks, service marks, compilations, and other materials made available by Swim Buddy, other than User Content ("Service Content"), are owned by or licensed to Ironside Holdings LLC. All rights are reserved.

You may access the Service for your own internal business use, subject to the restrictions in these Terms of Service.

You must not:

- copy or republish material from Swim Buddy,

- sell, rent, or sublicense material from Swim Buddy,

- reproduce, duplicate, or copy material from Swim Buddy,

- redistribute content from Swim Buddy without our prior written permission.

No use of our name, logos, trademarks, trade dress, or branding is permitted without prior written consent.

## 20. Comments, Reviews, and Public Submissions

Parts of the Website or Service may allow users to post comments, reviews, testimonials, feedback, or other submissions. Such content does not necessarily reflect the views of Swim Buddy or Ironside Holdings LLC.

We do not pre-screen all comments or submissions, but we reserve the right, in our sole discretion, to monitor, edit, remove, or refuse content that we believe is inappropriate, offensive, unlawful, infringing, misleading, or otherwise violates these Terms of Service.

By posting or submitting content, you warrant and represent that:

- you have the right to post the content and have all necessary licenses and consents,

- the content does not infringe any intellectual property, privacy, publicity, or other rights of any third party,

- the content is not defamatory, libelous, offensive, indecent, fraudulent, or otherwise unlawful,

- the content will not be used to solicit unlawful business or promote unlawful activity.

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, edit, publish, and authorize others to use and reproduce such submissions in any media in connection with operating, improving, and promoting the Service.

## 21. Feedback

If you provide suggestions, ideas, comments, enhancement requests, feature recommendations, or other feedback relating to the Service ("Feedback"), Swim Buddy may use such Feedback in any manner and for any purpose without restriction, attribution, confidentiality obligation, or compensation to you.

## 22. Cookies and Website Technologies

The Website may use cookies and similar technologies to help personalize your online experience, operate essential functionality, analyze usage, support performance and marketing efforts, and improve the Website and Service. A cookie is a text file placed on your device by a web page server. Cookies cannot be used to run programs or deliver viruses.

Some cookies are required for core website functionality and do not require additional consent where permitted by law. Optional cookies and third-party cookies may be subject to your preferences or consent settings where required by law. Disabling certain cookies may affect the availability or functionality of parts of the Website or Service.

## 23. Hyperlinking to Our Website

The following organizations may link to our Website without prior written approval where lawful and consistent with common web practices:

- government agencies,

- search engines,

- news organizations,

- online directory distributors,

- system-wide accredited businesses, except where prohibited by applicable law or policy.

Such organizations may link to our Website so long as the link:

- is not deceptive,

- does not falsely imply sponsorship, endorsement, or approval,

- fits within the context of the linking party's site.

We may consider and approve link requests from other organizations at our discretion. Approved parties may hyperlink to our Website by using:

- our corporate name,

- our website URL,

- another accurate description of our Website that makes sense in context.

No use of Swim Buddy's logo, artwork, or branding for linking purposes is allowed without a separate written trademark or branding permission where required.

If you wish to request permission to link to our Website, contact us at info@swimbuddyapp.com.

## 24. Third-Party Links and Content Liability

Our Website or Service may include links to third-party websites or services. These links are provided for convenience only and do not signify endorsement. We are not responsible for the content, availability, privacy practices, or terms of any third-party website or service.

We shall not be held responsible for content appearing on third-party websites that link to or reference our Website. You agree to defend and indemnify us against claims arising from content you post, publish, or distribute in connection with the Service or on websites under your control.

No links should appear on any website that may be interpreted as libelous, obscene, criminal, infringing, or otherwise in violation of any third-party rights.

## 25. Reservation of Rights

We reserve the right to request that you remove any link or all links to our Website. You agree to immediately remove such links upon request.

We also reserve the right to amend these Terms of Service, the linking policy, the Service, and any related policies at any time. By continuously linking to or using our Website or Service, you agree to be bound by and follow these Terms of Service.

## 26. Service Availability, Updates, and Beta Features

We do not guarantee that the Website, App, or Service will always be available, uninterrupted, secure, accurate, or error-free. We may suspend, restrict, alter, update, or discontinue all or any part of the Service at any time, with or without notice, including for maintenance, upgrades, legal compliance, operational reasons, or security concerns.

We may release updates, enhancements, bug fixes, patches, or new versions of the App or Service, and you may be required to install or accept such updates to continue using the Service or certain features.

We may offer features, integrations, or functionality identified as beta, preview, early access, or experimental. Such features are provided "as is," may be incomplete or unstable, may change or be withdrawn at any time, and are used at your own risk and without any warranty.

We do not promise that material on the Website or Service will always be complete, accurate, or up to date.

## 27. Privacy

Your use of the Website, App, and Service is also governed by our Privacy Policy. By using the Service, you acknowledge that you have reviewed and understand our Privacy Policy.

To the extent you collect, upload, process, or store information about customers, employees, contractors, leads, or other individuals in connection with your use of the Service, you acknowledge that you are responsible for your own privacy and data protection compliance obligations as the business using the platform, and that you act as the controller (or equivalent) of such information while Swim Buddy acts as your service provider or processor.

## 28. Security

We maintain administrative, technical, and organizational measures designed to protect the Service and information stored within it. However, no method of internet transmission, electronic storage, or security system is completely secure.

You are responsible for:

- maintaining secure passwords,

- protecting access to your account and devices,

- promptly notifying us of suspected unauthorized access or security incidents,

- maintaining appropriate records and backups for your business.

## 29. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, APP, SERVICE, AND ALL MATERIALS PROVIDED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

IRONSIDE HOLDINGS LLC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, SWIM BUDDY DOES NOT WARRANT THAT:

- THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR BUSINESS NEEDS,

- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

- RESULTS, ESTIMATES, MEASUREMENTS, PRICING, ROUTES, OR AUTOMATED OR AI OUTPUTS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE,

- DEFECTS OR ERRORS WILL BE CORRECTED,

- ANY DOCUMENT, AUTHORIZATION, ESTIMATE, INVOICE, RECORD, OR ELECTRONIC SIGNATURE GENERATED THROUGH THE SERVICE WILL BE LEGALLY VALID OR ENFORCEABLE,

- THE WEBSITE, APP, OR SERVICE WILL REMAIN AVAILABLE OR COMPATIBLE WITH ANY DEVICE, OPERATING SYSTEM, BROWSER, OR THIRD-PARTY INTEGRATION.

ANY INFORMATION OR MATERIAL OBTAINED THROUGH THE SERVICE IS USED AT YOUR OWN RISK.

NOTHING IN THIS SECTION LIMITS OR EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUD, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

## 30. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IRONSIDE HOLDINGS LLC, SWIM BUDDY, OR THEIR AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE WEBSITE, APP, SERVICE, USER CONTENT, OR THESE TERMS OF SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, SWIM BUDDY SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM OR RELATED TO:

- your use of or inability to use the Service,

- errors, mistakes, or inaccuracies in the Service, including in estimates, measurements, pricing, routes, or automated or AI outputs,

- unauthorized access to or alteration of your data,

- User Content or third-party content,

- your use of work authorizations, estimates, invoices, payments, or electronic signature features,

- your communications, calls, text messages, recordings, or marketing activity,

- your collection, use, or monitoring of customer, employee, location, or GPS data,

- Third-Party Services, payment processors, or app marketplaces,

- loss, deletion, corruption, or failure to store data.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

- the total amount paid by you to Swim Buddy for the Service during the twelve (12) months immediately preceding the event giving rise to the claim; or

- one hundred U.S. dollars (US $100.00), if you have not paid any amounts to Swim Buddy.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

## 31. Indemnification

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS IRONSIDE HOLDINGS LLC, SWIM BUDDY, AND THEIR AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, PROCEEDINGS, DAMAGES, LOSSES, JUDGMENTS, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO:

- your use of or access to the Service,

- your User Content,

- your business operations or dealings with your customers,

- your use of estimates, work authorizations, invoices, payments, communications, calls, text messages, recordings, location or GPS tracking, or electronic signatures through the Service,

- your collection, use, disclosure, or monitoring of any personal, customer, or employee information,

- your violation of these Terms of Service,

- your violation of any applicable law or third-party right.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our reasonable requests in connection with such defense.

## 32. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the fullest extent permitted by applicable law, you and Swim Buddy agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms of Service, the Website, the App, the Service, or the relationship between you and Swim Buddy (each, a "Dispute") will be resolved as set forth in this Section.

32.1 Informal Resolution First

Before initiating arbitration or any other formal proceeding, you and Swim Buddy agree to first attempt to resolve any Dispute informally and in good faith.

If you have a Dispute with Swim Buddy, you must send written notice to: Ironside Holdings LLC, Email: info@swimbuddyapp.com

Your notice must include:

- your full name and contact information,

- the email address associated with your account,

- a description of the nature of the Dispute,

- the relief you are seeking.

The parties agree to attempt to resolve the Dispute informally for at least thirty (30) days before initiating arbitration or court proceedings, unless injunctive relief is reasonably necessary to prevent immediate and irreparable harm.

32.2 Binding Arbitration

Except as otherwise provided in this Section, any Dispute not resolved informally shall be resolved exclusively by final and binding arbitration on an individual basis. This agreement to arbitrate is governed by the Federal Arbitration Act.

The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its applicable consumer or commercial arbitration rules, as applicable, in effect at the time the claim is filed.

Arbitration may be conducted in Suffolk County, New York, by videoconference, by telephone, or, where permitted, based solely on written submissions.

The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement, except that a court of competent jurisdiction shall decide issues relating to the enforceability of the class action waiver below.

32.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SWIM BUDDY AGREE THAT ANY DISPUTE SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

UNLESS BOTH YOU AND SWIM BUDDY EXPRESSLY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS PROCEEDING.

32.4 Exceptions

Nothing in this Section prevents either party from:

- bringing an individual action in small claims court, if the claim qualifies,

- seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to prevent immediate irreparable harm,

- seeking relief for misuse, infringement, or misappropriation of intellectual property or confidential information.

32.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to info@swimbuddyapp.com within thirty (30) days of first accepting these Terms of Service.

Your opt-out notice must include:

- your full name,

- your account email address,

- a clear statement that you wish to opt out of the arbitration provision.

If you opt out of this arbitration provision, all other parts of these Terms of Service will continue to apply.

## 33. Suspension and Termination

You may cancel your account at any time through your account settings or, where applicable, through the relevant app marketplace. Cancellation will generally take effect at the end of the then-current billing period unless otherwise specified.

Swim Buddy may, without prior notice and without liability to you, immediately suspend, restrict, or terminate your access to the Website, App, or Service, or remove or restrict access to User Content, if we determine in our sole discretion that:

- you have breached these Terms of Service,

- fees remain unpaid,

- your use poses a security, legal, reputational, or operational risk,

- law enforcement or governmental authorities request such action,

- technical, legal, or operational issues arise,

- fraudulent, abusive, or illegal activity is suspected,

- we discontinue or materially modify the Service.

Upon termination:

- your right to use the Service immediately ceases,

- we may delete or restrict access to User Content after a reasonable retention period,

- certain provisions of these Terms will survive by their nature, including provisions relating to ownership, licenses, disclaimers, limitations of liability, indemnification, payment obligations, arbitration, governing law, and dispute-related provisions.

You acknowledge that your data may be deleted after approximately thirty (30) days or another reasonable retention period following termination, subject to backup, compliance, fraud prevention, dispute resolution, tax, legal, and operational needs.

## 34. Governing Law

These Terms of Service and any Dispute shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles, except to the extent federal law governs the enforceability of the arbitration provision. Subject to the arbitration provision in Section 32, any action that proceeds in court shall be brought exclusively in the state or federal courts located in New York, and you consent to the personal jurisdiction and venue of such courts.

## 35. Severability

If any provision of these Terms of Service is held to be invalid, unlawful, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect. If any portion of the arbitration or class action waiver provisions is found unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

## 36. Waiver

No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

## 37. Assignment

You may not assign, delegate, or transfer these Terms of Service or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms of Service, in whole or in part, without restriction in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.

## 38. Entire Agreement

These Terms of Service, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and Swim Buddy regarding the Website, App, and Service and supersede all prior or contemporaneous understandings, agreements, communications, and proposals, whether written or oral, relating to the same subject matter.

## 39. Contact Information

If you have any questions about these Terms of Service, you may contact us at:

Ironside Holdings LLC

Swim Buddy

Website: www.swimbuddyapp.com

Email: info@swimbuddyapp.com

Terms of Service

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