Terms of Service

1. Acceptance of Terms

By accessing or using SwimMindPro ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service. These terms apply to all visitors, users, and subscribers.

2. Description of Service

SwimMindPro provides guided mental performance audio sessions, visualization tools, and training resources designed for competitive swimmers. Access to content is based on your subscription tier (Bronze, Silver, Gold, or Coach Gold).

3. Accounts

To access the Service, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Notifying us immediately of any unauthorized use of your account.

You must provide accurate and complete information when creating your account. Accounts are for individual use only and may not be shared.

4. Subscriptions and Billing

SwimMindPro offers monthly and annual subscription plans. By subscribing, you agree to the following:

• Billing: Subscriptions are billed in advance on a recurring basis (monthly or annually) via Stripe.
• Free trials: Where offered, free trials automatically convert to a paid subscription at the end of the trial period unless cancelled.
• Upgrades and downgrades: You may change your plan at any time. Stripe handles prorated billing for mid-cycle changes.
• Cancellations: You may cancel your subscription at any time. Access continues until the end of the current billing period. No refunds are issued for unused time.

5. Coach Gold & Affiliate Program

Coach Gold subscribers may participate in our affiliate program subject to the following conditions:

• Commissions are earned on qualifying referrals as outlined in your affiliate dashboard.
• Commission rates are tiered based on performance and are subject to change with notice.
• SwimMindPro reserves the right to withhold commissions for fraudulent or invalid referrals.
• Athletes referred on Silver Annual through a coach link receive Gold audio access as a programme benefit. This benefit may be modified or discontinued at SwimMindPro's discretion.
• Coach Gold membership must remain active to continue earning commissions.

6. Intellectual Property

All audio content, scripts, visualizations, branding, and software on SwimMindPro are the exclusive property of SwimMind Pro LLC and are protected by copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission.

7. Acceptable Use

You agree not to:

• Share, resell, or distribute your account credentials or audio content.
• Use the Service for any unlawful purpose.
• Attempt to reverse-engineer, scrape, or otherwise extract content from the platform.
• Interfere with or disrupt the Service or servers connected to the Service.

8. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. SwimMindPro makes no warranties, express or implied, regarding the Service's reliability, accuracy, or fitness for a particular purpose. SwimMindPro audio sessions are intended as mental performance training tools and are not a substitute for professional medical or psychological advice.

9. Limitation of Liability

To the maximum extent permitted by law, SwimMindPro shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, even if SwimMindPro has been advised of the possibility of such damages.

10. Termination

SwimMindPro reserves the right to suspend or terminate your account at any time for violation of these Terms. You may terminate your account at any time by cancelling your subscription and contacting us at splash@swimmindpro.com.

11. Changes to Terms

We may update these Terms from time to time. We will provide notice of significant changes by email or by posting a notice on the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising from these Terms or your use of the Service shall be resolved through good-faith negotiation, or if necessary, through binding arbitration.

13. Contact

For questions about these Terms, please contact us at splash@swimmindpro.com.