Terms of Service

These Terms of Service ("Terms") govern your use of the Swimiss mobile app for iOS and Android (the "App") provided by Swimiss Academy ("Swimiss", "we", "our", "us"). By downloading, installing, or using the App you agree to these Terms. If you do not agree, do not use the App.

These Terms apply only to the App. Training services delivered in person, the Swimiss website, and any other Swimiss offering have their own terms.

1. Eligibility

You must be at least 13 years old to create an account. If you are under 18, you confirm that a parent or legal guardian consents to your use of the App on your behalf. You are responsible for ensuring you are medically fit for any in water activity you book through Swimiss; the App is not a substitute for medical advice.

2. Your account

• You agree to provide accurate account information and to keep it current.
• You are responsible for keeping your password and device secure, and for activity that occurs under your account.
• You may not share your account with another person, sell it, or let anyone else sign in as you.
• Notify us promptly at hello@swimiss.com.my if you suspect unauthorised access.

3. The App is a tool, not the service

The App is a way for you to interact with Swimiss services such as courses, sessions, bookings, and your training history. The actual training is delivered by Swimiss instructors at designated venues. Course terms, refund policy, and safety rules for those services are agreed at enrollment and prevail over anything stated in the App.

4. Payments

The App does not process payments. When a booking or enrollment requires payment, the App will show you a confirmation screen and we will email you payment instructions. Payments are completed on the Swimiss website or via the method specified in that email. Apple and Google in app purchase is not used.

5. Bookings, cancellations, and credit

• Sessions you book through the App are subject to capacity, instructor availability, and any cancel cutoff set by Swimiss for that session. The cutoff is shown on the session.
• Your credit balance and ledger entries shown in the App are records, not money. They can be spent only on Swimiss services as described at the point of booking.
• We may cancel a session for safety, weather, or operational reasons. Where this happens, you are made whole through the same credit and refund policy that applies on the website.

6. Acceptable use

You agree not to:

• Use the App for any unlawful purpose or in breach of these Terms.
• Impersonate any person, misrepresent your identity, or create accounts for someone else without permission.
• Attempt to access another user's account, scrape the App, or reverse engineer it, except to the extent allowed by law.
• Interfere with the App or our servers, introduce malware, or probe for vulnerabilities outside a coordinated disclosure arrangement.
• Use the App to harass, abuse, or harm any instructor, student, or staff member.

We may suspend or terminate accounts that breach these rules.

7. Content

Content you submit through the App (for example, performance log entries, comments, profile details) remains yours. You grant Swimiss a worldwide, non exclusive, royalty free licence to store, display, and use that content to operate the service for you. You confirm that any content you submit does not infringe anyone else's rights.

Content provided by Swimiss in the App (course materials, descriptions, instructor feedback, branding) is owned by Swimiss or licensed to us. You may use it only for your own training with us.

8. Privacy

Your use of the App is also governed by our Mobile App Privacy Policy. Please read it.

9. Account deletion and suspension

You can delete your account from inside the App at any time. Deletion revokes your sign in access immediately. Financial records are retained for accounting as described in the Privacy Policy. We may also suspend or close an account if we believe it is being used in breach of these Terms or applicable law.

10. App store terms

The App is distributed through Apple's App Store and Google Play. Their terms also apply to your download and use of the App. In particular, Apple and Google are not responsible for the App or its content, and any claim arising out of your use of the App is between you and Swimiss.

11. Service availability

We aim to keep the App available, but we do not promise uninterrupted access. We may release updates, change features, or temporarily suspend the App for maintenance. We may stop offering features that are no longer commercially viable, with reasonable notice where this affects you materially.

12. Disclaimers

The App is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the App will be error free or that it will always be suitable for your purpose.

13. Limitation of liability

To the maximum extent permitted by law, Swimiss will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the App. Our total liability for any claim arising out of the App is limited to the amount you paid Swimiss for the related service in the 12 months before the claim arose, or RM200, whichever is greater. Nothing in these Terms excludes liability that cannot be excluded under Malaysian law.

14. Indemnity

You agree to indemnify Swimiss against any claim brought by a third party arising out of your breach of these Terms, your misuse of the App, or your infringement of any law or third party right.

15. Changes to these Terms

We may update these Terms from time to time. The effective date at the top of this page shows the latest version. Continued use of the App after a change takes effect means you accept the updated Terms. Material changes will be notified in App or by email.

16. Governing law and disputes

These Terms are governed by the laws of Malaysia. The courts of Malaysia have exclusive jurisdiction over any dispute arising from these Terms or your use of the App, subject to any mandatory consumer protection rights that apply where you live.

17. Contact

Swimiss Academy, Selangor, Malaysia.
Email: hello@swimiss.com.my
WhatsApp: +60 12-345 6789