SwimKit Terms of Service

1. General provisions

1. These Terms govern the use of the SwimKit web application available at swimkit.pl (the "Service") and the provision of electronic services by: Edward Baltaza, sole proprietorship, NIP 8212577665, address: ul. Lindleya 16, 02-013 Warsaw, Poland, email: edward@swimkit.io (the "Provider").
2. The Service is a SaaS tool for swim instructors and schools to manage schedules, clients, and billing (the "Services").
3. These Terms are available free of charge on the Service in a format that allows downloading, saving, and reproduction.

2. Definitions

For the purposes of these Terms:

1. User – a person using the Service;
2. Account – the User's account in the Service;
3. Administrator (Instructor/School) – a User who operates a business and enters their clients'/participants' data into the system;
4. Consumer and Entrepreneur with consumer rights – as defined by applicable consumer protection law;
5. Subscription – paid access to the Service on a monthly or annual basis;
6. Data – data entered by the User into the Service.

3. Technical requirements and security

1. To use the Service you need: a device with internet access, an up-to-date browser, and an active email address.
2. The User should protect access to their Account (password, device, email).
3. The Provider implements standard transmission security measures (e.g., TLS) and organizational and technical measures appropriate to the risks.

4. Account and usage rules

1. Using the Service requires creating an Account.
2. The User must provide truthful and current information.
3. The following are prohibited: use contrary to law or good practices, attempting to circumvent security measures, interfering with the Service, abuse, or entering unlawful content.
4. The User is responsible for actions performed from their Account.

5. Scope of Services

1. The Service provides features including: lesson scheduling, client/participant database management, lesson notes, payment tracking, packages, and reports.
2. The Provider may develop or modify Service features while maintaining continuity of key functionalities for Subscriptions to a reasonable extent.

6. Subscriptions, payments, and billing

1. The Service offers monthly and annual plans (Subscription).
2. Payments are processed through an external payment provider (Polar) and are automatically recurring unless the User cancels the Subscription before the end of the billing period.
3. Prices and plan details are available on the main page.
4. Refunds: as a rule, fees for an ongoing billing period are non-refundable; however, the Provider may consider refunds on a case-by-case basis (e.g., in exceptional circumstances).
5. Trial period: if offered, the terms (duration, scope, transition to paid) are indicated in the Service during activation.

7. User Data and data rights

1. The User retains rights to the Data they enter into the Service.
2. The User grants the Provider a non-exclusive technical license/consent to process Data solely for the purpose of providing the Services (storage, hosting, display, backups).

8. User responsibility for client/participant data

1. The Administrator (Instructor/School) represents that they have a legal basis to enter and process their clients'/participants' data (including children's data) in the Service and - where required - consent or other legal grounds.
2. The Administrator is responsible for the content of Data (e.g., notes) and should avoid entering excessive or particularly sensitive data unless necessary.

9. Complaints (digital services)

1. Complaints regarding the Service can be submitted by email: edward@swimkit.io.
2. A complaint should include a description of the issue, Account details, circumstances, and the expected resolution.
3. Complaints are processed within 14 days of receiving a complete submission.
4. Consumers and entrepreneurs with consumer rights are entitled to remedies for non-conformity of the digital service with the contract - in accordance with applicable consumer protection law.

10. Right of withdrawal (if applicable)

1. A consumer or entrepreneur with consumer rights may withdraw from the contract within 14 days of its conclusion, unless they consent to the commencement of service provision before the withdrawal period expires and acknowledge the loss of the right of withdrawal for services already provided.
2. Withdrawal can be submitted by email to edward@swimkit.io.
3. Withdrawal provisions do not apply to B2B contracts (where the User is neither a consumer nor an entrepreneur with consumer rights).

11. Suspension and termination

1. The User may cancel their Subscription in the Account settings - effective at the end of the current billing period.
2. The Provider may suspend or terminate services for Accounts that violate these Terms or the law, including in cases of abuse or actions threatening security.
3. Upon termination, access to the Service ceases; data may be deleted/anonymized in accordance with the Privacy Policy (subject to legal obligations).

12. Limitation of liability

1. The Service is a business management tool; the Provider is not liable for business decisions made based on data/reports in the Service.
2. To the extent permitted by law, the Provider's liability is limited to the fees paid by the User for the last 12 months of Subscription (or a shorter period if the Subscription has been active for less time).
3. These limitations do not apply to damages caused intentionally or in situations where limitation is prohibited by law.

13. Changes to the Terms

1. The Provider may amend these Terms for important reasons (e.g., changes in law, security, features).
2. Users will be notified of significant changes within the Service or by email. Continued use constitutes acceptance of the changes.