Swirv Terms of Service

Welcome to Swirv ("Swirv," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of the Swirv mobile application, website, and related services (collectively, the "Services").

By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use Swirv.

If you have questions, contact us at legal@swirv.cc.

1. Who We Are

Swirv provides a cycling training platform that includes indoor trainer control, structured workouts, adaptive training plans, analysis of your training history, and integrations with third-party services (e.g., Strava and Apple Health).

2. Eligibility

To use Swirv, you must:

• Be at least 16 years old (or the age of digital consent in your region).
• Have the legal capacity to enter into a binding agreement.
• Use the Services in compliance with these Terms and all applicable laws.

3. Accounts

3.1 Account registration

You must create an account to use key features of Swirv. You agree to provide accurate information and keep it up to date.

3.2 Account security

You are responsible for:

• Maintaining confidentiality of your login credentials
• Any activity occurring under your account

Notify us promptly if you suspect unauthorized access.

3.3 Account deletion

You may delete your account at any time. Deleting your account permanently removes stored personal data except where we must retain information for legal purposes.

4. Memberships, Payments, and Billing

4.1 Membership

Swirv offers a monthly membership that unlocks premium features, including:

• Creating and executing structured workouts
• Adaptive training plans
• Indoor trainer control (ERG mode support)
• Automatic Strava uploads
• Custom workout builder
• Access to workout packs (if purchased)

We may offer additional paid features or upgrade tiers.

4.2 Free trial

We may offer a 7-day free trial through the Apple App Store. Trial availability and duration may vary.

4.3 Billing through Apple

• All purchases are handled by the Apple App Store.
• Apple manages renewals, refunds, and payment methods.
• You can cancel or manage your membership in your Apple ID settings.

We do not collect or store your payment information.

4.4 Automatic renewal

Memberships automatically renew unless cancelled at least 24 hours before the renewal date.

4.5 Changes to pricing

We may change our pricing or membership model. If we do, Apple will notify you if required, and the change will take effect at the next billing cycle.

5. Use of the Services

5.1 Your responsibilities

You agree not to:

• Use Swirv for any illegal purpose
• Attempt to reverse-engineer or modify the app
• Interfere with the functioning of hardware integrations (e.g., BLE trainer control)
• Access or scrape our systems without authorization

You are responsible for ensuring your equipment (trainer, sensors, devices) is compatible with Swirv.

5.2 No access lockout

If your membership expires:

• You maintain access to your historical data
• You may not execute new structured workouts or create new plans
• Previously purchased workout packs remain accessible

This ensures your data is never held hostage.

6. Health, Safety, and Training Disclaimer

You agree that:

• You are healthy enough to engage in physical activity
• You will seek medical guidance if you have concerns or conditions
• You understand that indoor cycling, interval training, and outdoor riding carry inherent risks

Swirv is not responsible for injuries or adverse events resulting from:

• Incorrect equipment setup
• Overexertion
• Environmental hazards
• Misinterpreting training recommendations

Always listen to your body and use proper safety practices.

7. Third-Party Integrations

7.1 Strava

By connecting Swirv to Strava, you authorize us to:

• Read activities you have permitted
• Upload activities you choose to export

You may disconnect Strava at any time in the Strava settings panel.

7.2 Apple Health / HealthKit

If you grant permission, Swirv may read certain activity or biometric data.
We will never use HealthKit data:

• For advertising
• With third parties
• Without your explicit consent

7.3 Indoor trainers and sensors

Swirv may connect via Bluetooth to:

• Smart trainers
• Power meters
• Cadence sensors
• Heart-rate monitors

Connection requires relevant OS-level permissions.

8. Intellectual Property

All content in the Services—including:

• Software
• Workout templates
• Adaptive training models
• Branding, names, and visual design
• Documentation and educational materials

—is owned by Swirv or our licensors.

You receive a non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes.

You may not:

• Reproduce
• Modify
• Distribute
• Create derivative works
• Resell access to the Services

unless expressly permitted in writing.

9. User Content

9.1 What you own

You own any content or data you upload into the Services, including workouts, training notes, or event information.

9.2 License to us

By using Swirv, you grant us a limited license to:

• Store and process your content
• Display it within the app
• Use anonymized, aggregated data to improve the product

We do not sell or share personal user data.

10. Service Availability and Modifications

We may modify or discontinue parts of the Services at any time, including:

• Features
• Workouts or training templates
• Integrations
• Data analysis tools

We are not liable for any loss or impact caused by:

• Outages
• Connectivity issues
• Changes in third-party service availability
• Removal of features that no longer make sense for the product

11. Termination

We may suspend or terminate your account if:

• You violate these Terms
• You misuse the Services
• We are required to comply with legal obligations

Upon termination:

• Your license to use the Services ends
• You retain rights to request deletion of your data

12. Disclaimers

The Services are provided "as is" and "as available."
We disclaim all warranties, express or implied, including:

• Fitness for a particular purpose
• Accuracy of training recommendations
• Continuous or error-free operation

You use Swirv at your own risk.

13. Limitation of Liability

To the fullest extent permitted by law:

• Swirv is not liable for indirect, incidental, or consequential damages
• Swirv's total liability is limited to the amount you paid to Swirv in the 12 months preceding the claim

This does not exclude liability where prohibited by law.

14. Indemnification

You agree to indemnify and hold harmless Swirv from any claims arising out of:

• Your misuse of the Services
• Your violation of these Terms
• Your interactions with third-party integrations or hardware devices

15. Governing Law

These Terms are governed by the laws of the State of Massachusetts, excluding conflict-of-law principles.
Any disputes will be resolved in the courts of Hampshire County, Massachusetts.

16. Changes to These Terms

We may update these Terms occasionally.
If changes are material, we will notify you in the app.
Continued use of the Services means you accept the revised Terms.

17. Contact Us

For questions about these Terms:
Email: legal@swirv.cc