Terms of Service

By creating an account or using SwimProgress (the Service), you agree to these Terms of Service (Terms). If you do not agree, do not use the Service.

The Service is operated by Learning Cheese Pty Ltd, based in New South Wales, Australia (we, us, our).

SwimProgress is a web-based swim performance analytics platform that allows competitive swimming families to track progress, benchmark against competitors, and understand qualification readiness using publicly available competition results.

Beta service. SwimProgress is currently provided as a beta product, free of charge. Features, data, and availability may change without notice. We make no guarantee of continuous availability during the beta period.

SwimProgress is an independent product. We are not affiliated with, endorsed by, or sponsored by Swimming Australia, any state or regional swimming association, or any results or meet-management provider. Competition, club, and event names are used for identification purposes only.

You must provide a valid email address to create an account. You are responsible for:

• Maintaining the security of your account
• All activity that occurs under your account
• Ensuring that any information you provide is accurate and up to date

You may only create one account per family. Accounts are for personal, non-commercial use by the account holder and their immediate family.

You retain ownership of all swim data and personal information you upload to the Service. By uploading data, you grant us a limited licence to store and process it solely for the purpose of providing the Service to you.

You are responsible for ensuring you have the right to upload and use the data you provide, including any data relating to other individuals such as your children or competitors.

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorised access to any part of the Service or another user's account
• Scrape, copy, or redistribute data from the Service without our written permission
• Upload data you do not have the right to share
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service for commercial purposes, including reselling insights or data to third parties

SwimProgress processes data you provide and publicly available swimming results. We do not guarantee the accuracy, completeness, or timeliness of any analytics, insights, rankings, or qualification readiness information displayed in the Service.

All information provided by the Service is for informational purposes only and should not be relied upon as the sole basis for training, competition, or selection decisions.

The SwimProgress platform, including its software, design, and content (excluding your data), is owned by us and protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our written permission.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential loss arising from your use of the Service, including loss of data, loss of profits, or damages resulting from reliance on information provided by the Service.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot be excluded or limited by agreement. Where the Australian Consumer Law applies, our liability is limited to resupplying the Service or paying the cost of having the Service resupplied.

During the beta period, the Service is provided free of charge and on an "as is" basis without warranty of any kind beyond what is required by law.

You may close your account at any time by contacting us at hello@swimprogress.com.au. We will delete your data within 30 days of account closure.

We may suspend or terminate your account if you breach these Terms, or at our discretion during the beta period with reasonable notice where practicable.

We may update these Terms from time to time. If we make material changes, we will notify you by email or by a prominent notice within the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of the Service are subject to the exclusive jurisdiction of the courts of New South Wales.

Questions about these Terms? Contact us at hello@swimprogress.com.au.