Terms of Service

Last Updated: October 24, 2025

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the Swim Club Connect application ("App") and associated website ("Website") provided by Gr8 Apps Pty Ltd ACN 650 814 378 ("we", "us", "our"). By downloading, accessing, or using the App or Website, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the App or Website.

By continuing to use the App after any changes to these Terms, you accept and agree to the updated Terms.

2. Description of Service

Swim Club Connect is designed to assist Australian swim clubs in managing club operations, swimming competitions, swimmer records, and related administrative tasks. The App provides tools for:

• Managing swim club membership and swimmer information
• Organizing and managing swimming meets and competitions
• Recording swimmer performance data and results
• Facilitating communication between club administrators, parents, and swimmers
• Processing payments for club dues and merchandise
• Generating reports and analytics for club swimming programs
• Importing and exporting data from swimming management software (including HyTek Meet Manager and Team Manager)

3. User Accounts and Eligibility

3.1 Account Creation

To use the App, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring your registration information remains current and accurate

3.2 Club Use

The App is intended for use by:

• Swim club administrators and authorized club personnel ("Club Administrators")
• Parents and guardians of swimmers
• Adult swimmers (18 years and older) managing their own accounts
• Minor swimmers (under 18 years) through parent/guardian accounts with appropriate consent

3.3 Age Requirements and Parental Consent

By registering a swimmer under 18 years of age, you represent and warrant that:

• You are the parent or legal guardian of the swimmer
• You have the legal authority to provide consent for the collection and use of the swimmer's information
• You accept responsibility for all activity related to the swimmer's profile
• You will supervise the swimmer's use of and interaction with the App

3.4 Account Security

You must not:

• Share your login credentials with unauthorized users
• Allow anyone else to use your account
• Create an account using false information
• Create multiple accounts for the same individual

4. Club Administrator Responsibilities

Club Administrators have additional responsibilities and obligations when using the App:

4.1 Authority and Verification

Club Administrators warrant that they:

• Have proper authorization from their swim club to act as an administrator
• Will verify parent-guardian relationships before granting account access
• Have or will obtain appropriate consents from parents/guardians before registering swimmers under 18
• Will maintain accurate and current information for all swimmers and club members

4.2 Data Handling

Club Administrators agree to:

• Use swimmer and member data only for legitimate swim club purposes
• Comply with all applicable privacy laws and regulations
• Not share or disclose private member information without authorization
• Ensure that any files uploaded from third-party software (such as HyTek Meet Manager or Team Manager) contain only data they are authorized to upload
• Maintain appropriate security measures for club data access

4.3 Liability for Club Administrator Actions

Club Administrators accept responsibility and liability for:

• The accuracy of information they input or upload
• Obtaining necessary consents before registering swimmers
• Misuse of administrative privileges
• Unauthorized access to or disclosure of member information

5. Acceptable Use

You agree to use the App and Website only for lawful purposes and in accordance with these Terms.

5.1 Prohibited Activities

You agree that you will NOT:

• Use the App for any commercial purposes outside of legitimate swim club activities
• Attempt to gain unauthorized access to the App, other users' accounts, or our systems
• Upload or transmit any harmful, illegal, defamatory, obscene, or inappropriate content
• Use the App in any way that could damage, disable, overburden, or impair the service
• Violate any applicable laws, regulations, or club policies
• Reverse engineer, decompile, or disassemble any part of the App
• Use automated systems or bots to access the App without our permission
• Collect or harvest information about other users without their consent
• Interfere with or disrupt the App or servers/networks connected to the App
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

5.2 User Content and Conduct

You are solely responsible for all content you post, upload, or transmit through the App. You agree that any content you provide:

• Will not infringe any third party's intellectual property rights or other rights
• Will comply with all applicable laws and regulations
• Will be accurate to the best of your knowledge
• Will not contain malicious code or viruses

We reserve the right to remove any content that violates these Terms or is otherwise objectionable, without notice.

6. Multi-Club Meets and Data Sharing

6.1 Private Club-Only Data

The following information remains private to your club and is NOT shared with other clubs or external parties:

• Contact information (email addresses, phone numbers, physical addresses)
• Emergency contact details
• Payment information and transaction history
• Medical information (if collected)
• Private club communications and notes

6.2 Multi-Club Meet Participation

When your club participates in a multi-club swim meet, certain information becomes visible to meet participants:

• Swimmer names, ages, gender, and club affiliation
• Meet entries and event registrations
• Performance times and meet results
• Meet placements and rankings

This visibility is limited to:

• Participants and clubs involved in that specific meet
• The duration of meet management and results publication
• Standard competitive swimming practices

6.3 Historical Records

Meet results, performance data, and personal best times may be retained for:

• Historical records and club statistics
• Personal best tracking and swimmer progression
• Club rankings and achievements

By participating in swim meets through the App, you consent to this standard data sharing practice in competitive swimming.

7. Third-Party Integrations and Services

7.1 HyTek Meet Manager and Team Manager

The App supports importing files from and exporting data to HyTek Meet Manager and Team Manager software formats. When using these features:

• Club Administrators are responsible for ensuring they have appropriate permissions and consents before uploading swimmer data from external files
• Exported files may contain swimmer information including names, ages, times, and club affiliations
• Club Administrators warrant they have authority to export and share this information
• We are not responsible for how external software handles or uses exported data

7.2 Payment Processing - Stripe

All payment processing for club dues and merchandise is handled by Stripe Connect, our third-party payment processor. When you make payments through the App:

• You will be subject to Stripe's Terms of Service and Privacy Policy
• Payment information is transmitted directly to Stripe using secure encryption
• We do not store your complete credit card information on our servers
• Stripe may collect and process your payment information according to their policies
• Refund and dispute policies are subject to both Stripe's policies and Australian Consumer Law

For more information, please review Stripe's policies at: https://stripe.com/legal

7.3 Google Services

The App uses Google Cloud Platform services including Firebase for data storage and various Google platform services. Your use of these features is subject to Google's terms and policies. For information about how Google uses data, please see: https://policies.google.com/technologies/partner-sites

7.4 Other Third-Party Services

The App may integrate with or link to other third-party services, websites, or content. We are not responsible for:

• The availability, accuracy, or content of third-party services
• Third-party terms, policies, or practices
• Any loss or damage resulting from your use of third-party services

Your use of third-party services is at your own risk and subject to their respective terms and policies.

8. Swimmer Data and Privacy

8.1 Data Protection

We take the protection of swimmer data seriously. Our collection, use, and disclosure of personal information is governed by our Privacy Policy and Australian privacy laws, including the Privacy Act 1988 (Cth).

8.2 Data Ownership

Clubs and parents/guardians retain ownership of their data and content. By using the App, you grant us a limited license to:

• Store and process your data as necessary to provide the service
• Use aggregated, de-identified data for service improvement and analytics
• Display information as authorized by you or required for meet participation

8.3 Data Accuracy

You are responsible for ensuring the accuracy of information you provide. We are not liable for inaccuracies in user-provided data or decisions made based on such data.

8.4 Privacy Policy

Please review our Privacy Policy for detailed information about how we collect, use, and protect personal information. The Privacy Policy is incorporated into these Terms by reference.

9. Intellectual Property

9.1 Our Rights

The App, Website, and all related software, content, trademarks, logos, and other materials are owned by us or our licensors and are protected by Australian and international intellectual property laws.

This includes but is not limited to:

• Software code and architecture
• Design elements and user interface
• Trademarks, service marks, and logos
• Documentation and instructional materials

9.2 Your License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for swim club purposes in accordance with these Terms. This license does not include any rights to:

• Modify, copy, or create derivative works of the App
• Reverse engineer or attempt to extract source code
• Sell, rent, lease, or sublicense the App
• Remove or alter any copyright, trademark, or proprietary notices

9.3 Your Content

You retain ownership of content you upload to the App. However, by uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and transmit your content as necessary to provide the service.

10. Payment Terms

10.1 Subscription Fees

Access to certain features of the App may require payment of subscription fees. When applicable:

• Subscription fees are charged in advance on a recurring basis (monthly or annually as selected)
• All fees are in Australian Dollars (AUD) unless otherwise stated
• Fees are non-refundable except as required by Australian Consumer Law or as otherwise stated in our refund policy
• You authorize us to charge your chosen payment method for recurring subscription fees

10.2 Club Payments

When clubs use the App to collect payments from members (such as club dues or merchandise purchases):

• All transactions are processed through Stripe Connect
• Clubs are responsible for setting their own prices and payment terms
• We may charge a service fee or transaction fee as disclosed at the time of payment setup
• Refunds for club payments are subject to the club's policies and Australian Consumer Law

10.3 Fee Changes

We reserve the right to change subscription fees with at least 30 days' notice. Continued use of the App after fee changes constitutes acceptance of the new fees.

10.4 Taxes

All fees are exclusive of applicable taxes (including GST where applicable). You are responsible for paying all applicable taxes associated with your use of the App.

11. Service Availability and Updates

11.1 Service Availability

We strive to maintain the App's availability but do not guarantee uninterrupted or error-free access. The App may be temporarily unavailable due to:

• Scheduled maintenance or updates
• Technical difficulties or server issues
• Circumstances beyond our reasonable control

We will attempt to provide reasonable notice of scheduled maintenance when possible.

11.2 Updates and Modifications

We may update, modify, or discontinue features of the App at any time. Updates may:

• Add new features or functionality
• Improve security or performance
• Fix bugs or address issues
• Change or remove existing features

Continued use of the App after updates constitutes acceptance of the updated version.

11.3 Service Changes or Discontinuation

We reserve the right to modify or discontinue the App or any features with reasonable notice to users. In the event of discontinuation, we will provide reasonable opportunity for you to export your data.

12. Disclaimers and Limitation of Liability

12.1 Service Disclaimer

THE APP AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties that the App will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that defects will be corrected

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Loss of goodwill or reputation
• Any other pecuniary loss

Our total liability for any claims related to the App is limited to the greater of:

• The fees you paid for the service in the 12 months preceding the claim, or
• $100 AUD

12.3 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, and that the same form an essential basis of the bargain between us.

12.4 Australian Consumer Law

Nothing in these Terms limits or excludes any rights or remedies that cannot be limited or excluded under the Australian Consumer Law or other applicable Australian laws, including guarantees that cannot be excluded.

If you are a consumer under the Australian Consumer Law:

• Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law
• For major failures with the service, you are entitled to cancel your service and obtain a refund, or to compensation for loss or damage suffered
• You are also entitled to have problems fixed or compensated if the problems do not amount to a major failure

12.5 Specific Disclaimers

We specifically disclaim liability for:

• Actions, content, or data provided by users, clubs, or third parties
• Decisions made based on information in the App
• Meet results, times, or performance data accuracy (accuracy is dependent on user input)
• Unauthorized access to accounts due to user failure to maintain security
• Data loss due to technical failures (you should maintain your own backups)
• Third-party services, content, or integrations

13. Indemnification

You agree to indemnify, defend, and hold harmless Gr8 Apps Pty Ltd, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the App or Website
• Your breach of these Terms
• Your violation of any laws or regulations
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Content you upload, post, or transmit through the App
• Actions taken by Club Administrators, including unauthorized data access or improper data handling
• Failure to obtain required consents or permissions

This indemnification obligation will survive termination of these Terms and your use of the App.

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Using the account cancellation features within the App, or
• Contacting us at ad***@*************ct.com

Termination does not entitle you to a refund of any prepaid fees unless required by Australian Consumer Law.

14.2 Termination by Us

We may suspend or terminate your account immediately, without notice, for:

• Violation of these Terms
• Non-payment of fees
• Suspected fraudulent or illegal activity
• Abuse of the service or other users
• Any conduct we reasonably believe is harmful to other users, us, or third parties

14.3 Effect of Termination

Upon termination:

• Your access to the App will immediately cease
• Your license to use the App will terminate
• You may request export of your data within 30 days of termination
• We may delete your data after 30 days, subject to our data retention policies and legal requirements
• Any provisions of these Terms that by their nature should survive termination will survive (including indemnification, disclaimers, and limitation of liability)

15. Changes to Terms

We may update or modify these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Provide notice through the App, Website, or via email
• Give you reasonable opportunity to review the changes

Your continued use of the App after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App and terminate your account.

16. Data Export and Portability

You have the right to request export of your data in a commonly used format. To request data export:

• Contact us at ad***@*************ct.com
• Specify the data you wish to export
• We will provide the data within 30 days, subject to verification of your identity and authority

Data export features may also be available directly within the App.

17. Governing Law and Disputes

17.1 Governing Law

These Terms are governed by the laws of Queensland, Australia, and applicable Commonwealth laws of Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

17.2 Jurisdiction

Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia, and you consent to the jurisdiction of such courts.

17.3 Dispute Resolution

Before initiating legal proceedings, we encourage you to contact us directly to attempt to resolve any disputes informally. Many disputes can be resolved through good faith discussion.

To initiate informal dispute resolution, contact us at:

• Email: ad***@*************ct.com
• Provide a detailed description of the dispute and your proposed resolution
• We will respond within 10 business days

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms or our rights hereunder at any time without notice or consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their successors and permitted assigns.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather
• War, terrorism, riots, or civil unrest
• Government actions, laws, or regulations
• Internet or telecommunications failures
• Strikes or labor disputes
• Pandemics or epidemics

18.6 No Partnership or Agency

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. You have no authority to bind us or make commitments on our behalf.

18.7 Notices

Notices to you may be provided via email, through the App, or by posting on the Website. You agree that electronic delivery constitutes adequate notice. Notices to us should be sent to the contact information provided below.

18.8 Language

These Terms are prepared in the English language. If these Terms are translated into any other language, the English version shall prevail in case of any conflict or discrepancy.

19. Future Features and Services

We may introduce new features or services in the future, which may include:

• Data sharing with Swimming Australia and state swimming bodies for rankings and records
• Live streaming or video recording of swim meets
• Enhanced analytics and performance tracking
• Additional third-party integrations

New features may be subject to additional terms or require separate consent. We will provide notice and opportunity to review terms for significant new features before they become available.

20. Contact Information

For questions, concerns, or notices regarding these Terms, please contact:

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These Terms of Service were last updated: October 24, 2025

Version 1.0