Welcome to swim> portal. These Terms of Service ("Terms") govern your access to and use of the swim> portal website, applications, and services (collectively, the "Service"). Please read these Terms carefully before using our Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

• "Service" refers to the swim> portal website, game servers, forums, and all related features and functionality.
• "User," "you," or "your" refers to any individual who accesses or uses the Service.
• "We," "us," or "our" refers to swim> portal and its operators.
• "Content" means any text, images, videos, or other materials posted on or through the Service.
• "Subscription" refers to any paid plan that grants access to premium features.

2. Eligibility

You must be at least 13 years of age to use this Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

2.1 Children Under 13 (COPPA Compliance)

The Service is not intended for children under the age of 13. We do not knowingly collect, use, or disclose personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information promptly.

If you are a parent or guardian and believe your child under 13 has provided us with personal information, please contact us at r@swimteam.nyc so we can take appropriate action.

2.2 Accounts for Minors (13-17)

Users between 13 and 17 years of age may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. Parents and guardians are responsible for monitoring their minor's use of the Service and any purchases made. We reserve the right to terminate accounts that we reasonably believe violate these age requirements.

3. Account Registration and Security

To access certain features of the Service, you may need to create an account. When you create an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Subscriptions and Payments

4.1 Subscription Plans

We offer subscription plans ("Competitive" and "Olympic") that provide access to premium features. Details of each plan, including pricing and features, are available on our Store page.

4.2 Billing

Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). You authorize us to charge your payment method for all fees associated with your subscription.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or the customer portal. Upon cancellation, you will retain access to premium features until the end of your current billing period. No refunds will be provided for partial billing periods.

4.4 Price Changes

We reserve the right to modify subscription pricing. Any price changes will be communicated to you in advance and will take effect at the start of your next billing cycle.

4.5 Payment Processing

Payments are processed by Paddle.com, our Merchant of Record. By subscribing, you also agree to Paddle's Terms of Service and Privacy Policy.

4.6 Refund Policy

All payments are processed by Paddle.com as our Merchant of Record. Refund eligibility, including any statutory withdrawal rights (such as the EU/UK 14-day withdrawal period), is determined and administered by Paddle in accordance with applicable law and Paddle's refund policies.

By completing a purchase, you acknowledge that digital content delivery begins immediately upon payment confirmation, and you may be waiving certain withdrawal rights as permitted by law. For refund inquiries, please contact Paddle directly through your purchase confirmation or contact us and we will assist in directing your request.

5. Digital Goods and Virtual Items

5.1 Nature of Digital Goods

Subscriptions, premium features, virtual items, in-game benefits, badges, and any other digital content ("Digital Goods") are licensed, not sold. You receive a limited, non-exclusive, non-transferable, revocable license to use Digital Goods within the Service.

5.2 No Ownership or Value

Digital Goods have no monetary value and cannot be exchanged for cash, refunded, or transferred outside the Service. You acknowledge that Digital Goods are not property and you have no ownership interest in them.

5.3 Modification of Digital Goods

We reserve the right to modify, suspend, or discontinue any Digital Goods at any time, including changing the features, benefits, or availability of subscription tiers. We will endeavor to provide reasonable notice of material changes.

5.4 No Guarantee of Availability

We do not guarantee that any specific Digital Goods will remain available. Promotional items, limited-time offers, and special features may be removed or altered without compensation.

6. License and Restrictions

6.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

6.2 Restrictions

You agree not to:

• Copy, modify, or distribute any part of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service for any illegal or unauthorized purpose
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems (bots, scrapers) to access the Service
• Sell, transfer, or sublicense your account or any Service features

7. Acceptable Use Policy

When using our Service, including game servers and forums, you agree not to:

• Use cheats, exploits, automation software, hacks, or any unauthorized third-party software
• Harass, threaten, or intimidate other users
• Post or transmit any content that is unlawful, harmful, defamatory, or offensive
• Impersonate any person or entity
• Spam, advertise, or promote external services without permission
• Engage in any form of discrimination or hate speech
• Share personal information of others without consent
• Disrupt gameplay or server performance intentionally
• Exploit bugs or glitches instead of reporting them

Violations of this policy may result in warnings, temporary suspensions, or permanent bans at our discretion.

8. User Content

8.1 Ownership and License

You retain ownership of any Content you post on the Service. However, by posting Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with operating, promoting, and marketing the Service, including on social media, in advertising materials, and on third-party platforms.

8.2 Responsibility

You are solely responsible for all Content you post. We do not endorse any user Content and assume no liability for any Content posted by users.

8.3 Moderation

We reserve the right to remove any Content that violates these Terms or that we find objectionable, without prior notice.

9. Intellectual Property

The Service and its original content (excluding user Content), features, and functionality are owned by swim> portal and are protected by international copyright, trademark, and other intellectual property laws.

The swim> portal name, logo, and all related names, logos, and slogans are trademarks of swim> portal. You may not use these marks without our prior written permission.

10. Third-Party Services

The Service may integrate with third-party services such as Discord, Steam, and Paddle. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

11. Disclaimer of Warranties and Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free. We do not warrant the accuracy or completeness of any information on the Service.

11.1 Service Availability

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. This includes the right to shut down game servers, discontinue features, or cease operations entirely.

11.2 No Compensation for Service Changes

You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service. In the event of a permanent shutdown, you will not be entitled to refunds for any unused subscription time or Digital Goods.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWIM> PORTAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

Our total liability to you for all claims arising from or relating to these Terms or your use of the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless swim> portal and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of any third party.

14. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason to the extent permitted by law, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14.1 Forfeiture of Digital Goods

Upon termination of your account for any reason, whether by you or by us, you will immediately forfeit all Digital Goods, including but not limited to: remaining subscription time, virtual items, badges, premium features, and any other benefits associated with your account. No refunds, credits, or compensation will be provided for forfeited Digital Goods.

14.2 Account Deletion

You may request deletion of your account at any time. Upon deletion, your account access and associated Digital Goods will be permanently removed and cannot be recovered. We may retain certain information as required by law or for legitimate business purposes, such as fraud prevention, dispute resolution, or compliance with legal obligations, as described in our Privacy Policy.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

Any permitted court action (including for those who have opted out of arbitration) shall be brought exclusively in the state or federal courts located in Cheyenne, Wyoming, and you consent to the personal jurisdiction of such courts.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at r@swimteam.nyc to attempt to resolve any dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may proceed as set forth below.

16.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the State of Wyoming, or at another mutually agreed location, or via telephone or video conference if appropriate.

16.3 Class Action Waiver

YOU AND SWIM> PORTAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and swim> portal agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

16.4 Arbitration Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to r@swimteam.nyc within 30 days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms will continue to apply.

16.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

17. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and swim> portal. You have no authority to bind swim> portal in any manner whatsoever, and you shall not represent or imply any such relationship or authority.

20. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: r@swimteam.nyc
• Discord: romedius

swim> portal is operated by Ursi Helvetia LLC.