1. Introduction
These Terms of Service (the “Terms”) cover your rights and obligations relating to your access and use of the SwimByMe platform (swimbyme.com) and related services (the “Services”). Any reference to “we”, “our”, and “us” in this Terms of Service refers to SwimByMe Ltd., which operates the Services. In addition to these Terms, please review the SwimByMe’s Community Standards, which describes our practices related to what is acceptable while using the SwimByMe platform. By using the Services, you represent and agree that you have read, understand these Terms of Service and our Community Standards.
Please carefully read these Terms, as they contain important information about your rights and responsibilities, including limitation of our liability. If you do not accept this agreement in its entirety, you may not access or use the Services.
2. Age
The Services are for those 18 years of age or older. By using the Services you represent and warrant that you are at least 18 years old and that you are legally able to enter into this agreement. We do not intend that the Services be used by anyone under 18 years old.
3. We Are Facilitators
The Services are provided to you as a platform to facilitate Members seeking to be a Host or a Guest of swimming pools, spools, saunas and recreational spaces. We do not own or manage any of the properties listed as part of the Services. When a Guest and a Host collectively complete a reservation request using the Services, the Host and Guest may enter into an agreement with each other regarding the terms and conditions of the Reservation, including any house rules imposed by the Host and the terms and conditions related to any Additional Services offered by the Host. The Guest and the Host must adhere to the previously agreed upon price at time of payment.
We are NOT a party to any such agreement between Guests and Hosts, and we do not assume any responsibility for compliance with the terms of their agreement.
You understand and agree that (1) we are providing the Services solely as an independent platform to help connect Guests and Hosts, (2) we are not a party to any agreement between Guests and Hosts established in the process of creating a Reservation, and (3) we assume no responsibility or liability for any activities or claims that may arise from a Reservation or from any use of the Services. You further understand and agree that SwimByMe is simply a facilitator.
4. Law Compliance
You agree that you will abide by all laws, rules, regulations, and agreements that may apply to you. Such laws may include, but are not limited to, land use laws such as zoning ordinances, permits, and licenses; homeowners association, condominium, lease, or rental agreements; local, state, and federal taxes; compliance with laws regarding safety; and any other applicable laws. We assume no responsibility for your compliance with any law, rule, regulation, or agreement.
5. Insurance
You understand and agree that we neither are nor act as an insurer, and we do not provide insurance. We usually recommend that all Hosts and Guests obtain proper insurance prior to creating a Listing or making a Reservation.
6. Accuracy
We do not endorse or corroborate Member’s Listings, and we do not assume the responsibility to verify the accuracy and truth of the content of Members’ Listings. Although we make great effort to make sure that all Listings are accurate, we will not be held responsible for any misrepresentation made by a Host with respect to any of their Listings or services offered.
As a Host, you may offer Additional Services, which may include, but are not limited to: personal therapy, wellness coaching, or meal or drinks preparation (such services are collectively referred to as “Additional Services”). If you choose to offer Additional Services, you agree that you are solely responsible for compliance with all laws, rules, and regulations applicable to the Additional Services you offer through the Services including, but not limited to, any applicable licensing requirements, safety compliance obligations, taxes, and others. You acknowledge and agree that we are not a party to any such arrangement or agreement for Additional Services.
7. Account
A user without an Account can browse Listings on the Services. However, in order to post a Listing or to make a Reservation, all members must create an account. As a Member, you are limited to only one active Account which will serve as both the Guest and Host. To create an Account, you must provide us with your legal name and email address. You will also need to establish a password for your Account. You are solely responsible for keeping your Account information, including password, safe.
You may not use another Member’s Account. If you become aware of any unauthorized use of your Account, you must promptly notify us of such use. You agree that we will not be held liable for any incurred loss if someone else uses your Account or Password, either with or without your knowledge, and that you will be solely responsible for such use, whether or not you authorized the use.
In addition to the information required to create an Account, you will be able to provide us with information for your public Profile, which may include personal details that you provide voluntarily, such as phone number, city and state where you live, photos, hobbies, interests, and other relevant information. By voluntarily including any information on your public Profile, you understand and agree that the information may be available to the SwimByMe community, the general public, and may it also appear in related Internet searches.
You agree to provide complete, accurate, and updated information regarding your account and to update your public Profile as necessary to keep it accurate. We may suspend or terminate your Account in the event that we determine that you have misrepresented information on your Account or public Profile.
We may ask you for a photo ID for verification, and this will be kept privately. You agree to provide a copy of your photo ID when required by Services.
We may, at our sole discretion, feature specific Listings, Hosts, and Guests on the Services. You grant us permission to feature your Listing and/or Member Profile on the Services. You further acknowledge and agree that Featured Listings and Members are not an endorsement by us, and that we are not responsible for the accuracy or content of such Featured Listings and Members.
8. Listings
As a Host, you will have the opportunity to create multiple property Listings as part of your Account. To create a Listing, you will provide us with applicable information about your place, experience, and activities, including the general location of your space, accurate descriptions, Additional Services, House Rules, pricing, and photos.
In addition to the general location of your space, which will be listed publicly on your Listing, you are required to provide us at least the city and country of your location. The complete address of your location may not be included in your public Listing if you do not wish, however it may be visible to the Guest once a Reservation is completed.
Please note that Listings require you to include only a general location of the Listing to be made public to users, and you assume all responsibility if you decide to include the exact address of your accommodations on your Listing.
You agree to provide complete, accurate, and updated information regarding your Listing and to update your Listing as necessary to keep it complete and accurate. Once a Reservation is completed, you are required to provide accommodations consistent with your Listing. Failure to do so may result in suspension or termination of your Account.
9. Identity and Verification
As part of our Services you may be asked to verify your identity. You may be asked to verify your identity by confirming your phone number, email address, and by taking a photograph of your passport or government issued ID and/or of yourself together with your passport. Once this information is provided, a check mark will appear on your profile to indicate that you are verified.
10. Fees
In consideration for your use of the Services, we may, at our sole discretion, choose to charge the Host or the Guest a percentage fee from each Reservation. We reserve the right to raise or reduce our Fees at any time without prior notice or consent.
11. Reviews
After the final day of a scheduled Reservation, Guest and Hosts are invited to write a text summary and rate their experience (a “Review”). You acknowledge and agree that Reviews will be included on your Listing and will be available to the SwimByMe community and the general public. You acknowledge and agree that you will not be able to delete, modify, or hide a Review after it has been left by a Member. Further, you acknowledge and agree that you may not provide any form of compensation or remuneration to another Member in exchange for a favorable or unfavorable Review.
12. Intellectual Property
Although you may provide information as part of your use of the Services, you agree to be respectful of others’ intellectual property rights. You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated from your Account.
13. Account Termination
At any time, you may terminate your Account. If you wish you may also do this yourself by accessing your profile or by requesting us to do it for you. When you terminate your Account as specified above, we will remove your information from our servers within thirty days, or longer if we are required to retain your information by law as described in our Privacy Policy.
We reserve the right to suspend and/or terminate your Account, or take action to prevent your access to our Services, if we, in our sole discretion, deem that such action is necessary based on:
- Use of the Services in a way that would potentially expose us to liability;
- Disruption of the Services by you to other Members;
- Violation of these Terms of Service;
- Violation of our Community Standards;
- Violation of any applicable local or federal laws, rules, regulations, and agreements that may apply to you.
14. Use of the Services
You shall not violate or attempt to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or Account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services.
15. Prohibited Content
You agree not to post or make available any inappropriate content on the Services including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. If you post inappropriate content, we may remove such content from our servers, and at our own discretion, suspend or terminate your Account.
16. Software
The software, including all files and images contained in the Services, and accompanying data (“Software”) are the property of Us. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use the Software for your personal home use only and with the objective to use Services. You also may not decompile, reverse-engineer, disassemble, or otherwise convert the Software without our permission. This section does not apply to any component of Software that may be offered under an open source license.
17. Disclaimer and Warranties
WE ARE MAKING THE SERVICES AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES. WE DO NOT WARRANT THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
18. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING FROM ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICES, ANY VIOLATIONS OF HOUSE RULES AND OTHER ASPECTS OF AGREEMENTS BETWEEN HOSTS AND GUESTS, ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS (INCLUDING, BUT NOT LIMITED TO, LAND USE LAWS SUCH AS ZONING ORDINANCES, PERMITS, AND LICENSES; HOMEOWNERS ASSOCIATION, CONDOMINIUM, LEASE, OR RENTAL AGREEMENTS; LOCAL, STATE, AND FEDERAL TAXES; COMPLIANCE WITH LAWS REGARDING SAFETY; AND ANY OTHER APPLICABLE LAWS). THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
19. Indemnification
In the event that someone brings a claim against us related to your actions, content, or information on our Services, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
20. Severability Waiver
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
21. Changes to These Terms of Service
As we improve our Services, we may add to, change, update, or modify these Terms. Any time that we plan on making a material change to these Terms, we will notify you at least 15 days prior to making the change by sending you an email. If you continue to use the Services after that 15 day period, you consent to the new Terms. We will always have the latest version of these Terms posted on our website.
22. Contact Us
We encourage you to provide feedback, questions, concerns, comments, and any other relevant information to us to help us improve the quality of the Services or the content of these Terms of Services. You can reach us either via the Help section of our website or via e-mail at info@swimbyme.com
Updated 1 June 2023
