These Terms of Service (the “Terms”) are a binding agreement between Commit Analytics, Inc., a Delaware corporation with offices at 1645 Kriebel Mill Road, Collegeville, PA 19426 (“Commit,” “we,” “us”), and the person or organization that accepts them (“you,” “Customer”). They govern your access to and use of the Commit Swimming web application, mobile applications, APIs, and related services (together, the “Service”).
You accept these Terms by clicking to accept them, by creating an account, or by using the Service. If you accept on behalf of a club, team, school, or other organization, you represent that you have authority to bind that organization, and “you” means that organization.
If you do not agree to these Terms, do not use the Service.
Accounts may be created only by (a) an individual coach registering for an Individual Account, or (b) a person authorized to act for an organization registering for or being provisioned a Club Account. Athletes and parents cannot create accounts directly; they receive access by invitation from an Account Owner or administrator, or through a registration flow operated by a Club Account.
You must be 18 or older to create an account. Invited Users under 18 may access the Service only as permitted by Section 4.
You are responsible for maintaining the confidentiality of credentials and for all activity under your account. Notify us promptly at team@commitswimming.com of any unauthorized use.
An Account Owner is responsible for the acts and omissions of its Invited Users in connection with the Service, and for ensuring each Invited User complies with these Terms. Invited Users access the Service under the Account Owner's agreement with us; they do not enter into a separate subscription.
The Service is used by clubs to manage athlete records, including records of athletes under the age of 13. This Section governs that use and replaces any general statement elsewhere that the Service is intended only for users 13 or older.
As between you and Commit, the Club Account controls Athlete Data and decides what is collected, who may access it, and how long it is retained. Commit processes Athlete Data on the club's instructions in order to provide the Service.
If you hold a Club Account, you represent and warrant that, before entering Athlete Data relating to a minor, you have provided any notice and obtained any consent required by applicable law from that minor's parent or legal guardian, including verifiable parental consent under the U.S. Children's Online Privacy Protection Act (“COPPA”) where it applies.
You further represent and warrant that, before inviting any athlete under 13 to log in to the Service, you have obtained that athlete's parent or guardian's permission for the athlete to hold login credentials and to access the Service.
Athletes who are granted login access have limited rights within the Service, principally to view information relating to themselves and to maintain basic profile details. Athletes cannot administer an account, access billing, or view other families' information.
A parent or guardian may request that we correct or delete their child's information. Because the club controls Athlete Data, we will refer such requests to the relevant Club Account and assist that club in responding. Where we are required by law to act directly, we will do so.
Commit does not use Athlete Data to market to athletes or their families, does not sell Athlete Data, and does not disclose Athlete Data except as described in the Privacy Policy.
The Service is offered on subscription plans published at commitswimming.com. Plans differ in features and in the number of coach and administrator seats included. We may change plans, features, and pricing prospectively; changes to your subscription price take effect at your next renewal after notice.
New Individual Accounts may receive a free trial. At the end of the trial the account is suspended until a paid plan is selected. We may modify or discontinue trials at any time.
Subscriptions renew automatically for successive terms (monthly or annual, as selected) until cancelled. You authorize us to charge your payment method on each renewal without further approval. All amounts are in U.S. dollars and exclusive of taxes, which we will add where required.
You may cancel at any time from within the Service or by contacting us. Cancellation takes effect at the end of the then-current paid term. Except where required by law, subscription fees are non-refundable and we do not provide partial-period refunds.
If a charge fails we may retry it, suspend access, and after reasonable notice terminate the account. You remain responsible for amounts accrued before termination.
As between the parties, you own all right, title, and interest in Customer Data. We claim no ownership of it.
You grant us a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide, secure, support, and improve the Service for you, and as otherwise permitted in these Terms and the Privacy Policy.
You represent that you have all rights and consents necessary to submit Customer Data to the Service and to authorize our processing of it. You are responsible for the accuracy and legality of Customer Data.
We may generate aggregated or de-identified data from use of the Service and use it to operate, analyze, and improve our products, provided that such data does not identify you, any Invited User, or any athlete, and is not disclosed in a form that could reasonably be used to re-identify any individual.
During your subscription you may export Customer Data using the features we make available. Following termination we will retain Customer Data for a limited period described in the Privacy Policy and will then delete or de-identify it, subject to backup cycles and legal retention requirements.
This Section applies where a Club Account uses the Service to collect dues, registration fees, meet fees, lesson fees, or other payments from its families.
Payment Services are provided through Stripe, Inc. and its affiliates (“Stripe”) using Stripe Connect. To use Payment Services you must create a connected account with Stripe and accept the Stripe Connected Account Agreement, which is a separate agreement between you and Stripe. Your ability to use Payment Services is conditioned on continuing to satisfy Stripe's requirements.
For charges you initiate through the Service, you are the merchant of record. The commercial relationship, and the underlying goods or services, are between you and the payer. Commit is a technology provider that facilitates the transaction; Commit is not a party to it, does not sell the underlying services, and is not a bank, money transmitter, or fiduciary.
Payment Services carry processing fees and a Commit platform fee, disclosed in the Service. Fees are deducted at the time of the transaction. We may change fees prospectively on notice.
Funds are settled by Stripe to your connected account on Stripe's payout schedule. Commit does not hold your funds. Payouts may be delayed or withheld by Stripe in accordance with your agreement with Stripe.
You control refunds and may issue them through the Service. Refunds are made from your funds in the full amount you specify. Processing fees and the Commit platform fee associated with the original transaction are not returned to you when a refund is issued.
Payers may dispute charges with their card issuer. Disputes relating to your transactions are routed through Commit's Stripe platform account. We will notify you of a dispute, assist you in assembling evidence, and submit a response on your behalf. You are responsible for the substance of that response and for the underlying transaction.
If a dispute is resolved in your favor, the disputed funds remain yours. If a dispute is resolved against you, we will reverse the corresponding transfer from your connected account, and you are responsible for the disputed amount. We may also charge you any dispute fee imposed by the card networks or Stripe.
If your connected account has insufficient funds to cover a reversal, you will pay us the shortfall on demand, and we may offset it against future payouts or subscription credits.
You are responsible for complying with all laws applicable to the payments you collect, including consumer protection, refund disclosure, and tax laws, and with the rules of the card networks. You will disclose your own refund and cancellation policies to your families.
You will not use Payment Services for any purpose other than collecting fees related to your swimming or aquatics programs, and will not use them in a manner that violates the Stripe Connected Account Agreement or any card network rule.
The Service includes features that use artificial intelligence and machine learning, including workout generation and assistance with onboarding and support (“AI Features”).
Where an AI Feature is trained, tuned, or personalized on Customer Data, that processing is performed within the account to which the data belongs. We do not use one customer's Customer Data to train or personalize AI Features made available to a different customer.
Within a Club Account, Customer Data contributed by different coaches and users of that account may be used together.
AI Features generate output automatically and may be inaccurate, incomplete, or unsuitable. Output is provided for your evaluation and is not coaching, medical, safety, or professional advice. You are responsible for reviewing output before relying on it. Athlete health, safety, and training decisions remain yours.
AI Features may be delivered using third-party model providers. Those providers are subprocessors and are listed in or linked from the Privacy Policy.
You will not, and will not permit any Invited User to:
We may suspend access without notice if we reasonably believe conduct threatens the security, integrity, or availability of the Service or the safety of any person.
The Service, including all software, designs, interfaces, documentation, and trademarks, is and remains our property and that of our licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription for your internal purposes.
If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
Each party may receive non-public information of the other. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and advisors bound by similar obligations, or as required by law with notice where permitted. This Section does not limit either party's rights in Customer Data, which are governed by Section 6.
Our Privacy Policy, available at commitswimming.com/privacy-policy, describes how we handle personal information and is incorporated into these Terms.
For Customer Data, you act as the controller (or business) and we act as the processor (or service provider). We process Customer Data on your documented instructions, which these Terms and your configuration of the Service constitute.
The Service is hosted in the United States. All Customer Data, including data originating outside the United States, is stored and processed in the United States. We do not offer data residency in any other jurisdiction, and we cannot commit to storing or processing Customer Data outside the United States.
If you access the Service from outside the United States, you instruct us to transfer Customer Data to the United States and are responsible for ensuring you have a lawful basis for that transfer under the laws applicable to you. Where required, the parties will enter into standard contractual clauses or an equivalent transfer mechanism.
We maintain administrative, technical, and physical safeguards designed to protect Customer Data appropriate to the nature of the data and the size of our organization. No system is perfectly secure and we do not warrant that the Service cannot be compromised.
We will notify you without undue delay after becoming aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of Customer Data, and will provide information reasonably available to us to assist you in meeting your own notification obligations.
The Service integrates with third-party services, including payment, communications, governing-body, and results systems. Your use of a third-party service is governed by that provider's terms. We are not responsible for third-party services and do not warrant their availability, accuracy, or continuity. We may add, change, or discontinue integrations.
These Terms apply from your first use of the Service until all subscriptions have expired or been terminated.
You may terminate by cancelling your subscription. We may terminate or suspend for material breach that remains uncured 10 days after notice, for non-payment, or immediately where required by law or to protect the Service or any person.
On termination, your right to access the Service ends. Sections 6.1, 6.5, 7.6, 10, 11, 15, 16, 17, 20, and 21 survive.
Each party represents that it has the authority to enter into these Terms.
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT AI FEATURE OUTPUT WILL BE ACCURATE OR SUITABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR THE EXCLUDED CLAIMS BELOW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
“Excluded Claims” means: your payment obligations under Sections 5 and 7, including amounts owed on reversed disputes; either party's indemnification obligations; your breach of Section 9; and either party's gross negligence, willful misconduct, or fraud.
These limitations apply regardless of the form of action and notwithstanding the failure of essential purpose of any limited remedy.
You will defend and indemnify us against third-party claims arising from (a) Customer Data, including any claim that it infringes rights or was collected or used unlawfully; (b) your failure to obtain parental consent as required by Section 4; (c) transactions you process under Section 7, including refund and chargeback disputes with your families; (d) your breach of Section 9; and (e) your violation of law.
We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a U.S. patent, copyright, or trademark. This does not apply to claims arising from Customer Data, third-party services, or modifications not made by us.
The indemnified party will give prompt notice, allow the indemnifying party to control the defense, and provide reasonable cooperation.
We may update these Terms. If a change is material, we will provide at least 14 days' notice before it takes effect, by email to Account Owners, by notice within the Service, or both. Changes take effect on the stated effective date, and your continued use after that date constitutes acceptance.
Where a change materially expands our use of Customer Data or materially changes our handling of Athlete Data, we will seek your affirmative acceptance rather than relying on continued use. If you do not accept such a change, you may terminate before the effective date and receive a pro-rata refund of prepaid, unused fees.
We maintain prior versions of these Terms and will provide a copy on request.
You may not assign these Terms without our prior written consent, except to a successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of your assets, on notice to us.
We may assign these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all of our assets or of the business line to which the Service relates. These Terms bind and benefit the parties and their permitted successors and assigns.
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before initiating a proceeding, the parties will attempt to resolve any dispute informally for 30 days after written notice.
Any dispute not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Montgomery County, Pennsylvania, or conducted remotely. Judgment on the award may be entered in any court of competent jurisdiction. YOU AND COMMIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
Disputes will be arbitrated only on an individual basis. No arbitration may be consolidated with another, and neither party may bring a claim as a class representative or in a private attorney general capacity. If this paragraph is held unenforceable, the arbitration provision in this Section 20 is void in its entirety.
Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information. Either party may bring an individual claim in small-claims court.
Any claim must be brought within one year after the cause of action accrues, except for claims for non-payment.
These Terms, together with the Privacy Policy and any order form or written agreement executed by both parties, are the entire agreement between us on their subject matter and supersede all prior understandings. Where an executed order form conflicts with these Terms, the order form controls for that customer.
No waiver is effective unless in writing. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect. Neither party is liable for delay or failure caused by events beyond its reasonable control. Nothing creates a partnership, joint venture, employment, or agency relationship. There are no third-party beneficiaries, except that Stripe is a third-party beneficiary of Section 7.
Notices to us should be sent to team@commitswimming.com and to the address below. Notices to you may be sent to the email associated with your account or posted within the Service.
Commit Analytics, Inc.
1645 Kriebel Mill Road, Collegeville, PA 19426, United States
team@commitswimming.com · (267) 664-9395
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