SwimDNA™ Terms and Conditions

Effective Date: August 2026
Last Updated: August 18, 2026

These Terms and Conditions (“Terms”) constitute a legally binding agreement governing access to and use of the SwimDNA mobile application, websites, software, technology, artificial-intelligence features, training-plan generation services, content, integrations, communications, and related products and services that link to these Terms (collectively, the “Services”).

The Services are owned and operated by:

SwimDNA, LLC
P.O. Box 3390
276 Kingsbury Grade, Suite 2000
Stateline, Nevada 89449-3390
United States
Email: admin@swimdna.app

In these Terms, “SwimDNA,” “Company,” “we,” “us,” and “our” mean SwimDNA, LLC.

“SwimDNA Parties” means SwimDNA, LLC and its past, present, and future founders, members, managers, officers, directors, employees, contractors, consultants, representatives, agents, affiliates, licensors, technology providers, service providers, successors, assigns, insurers, and legal representatives.

“User” means an individual who accesses or uses the Services.

“Minor User” means a User who is at least 13 but under 18 years old, or who has otherwise not reached the age of legal majority where the User lives.

“Guardian” means the parent or legal guardian who authorizes a Minor User to access or use the Services.

1. Agreement to These Terms

PLEASE READ THESE TERMS CAREFULLY.

By creating an account, clicking or selecting an acceptance mechanism, purchasing or activating a subscription, accessing the Services, or otherwise using SwimDNA, you acknowledge that you have read and understood these Terms and agree to be legally bound by them.

These Terms incorporate the SwimDNA Privacy Policy and any additional terms presented in connection with a particular feature, offer, subscription, beta program, or service.

If you do not agree to these Terms, do not access or use the Services.

If you are a Guardian authorizing a Minor User, you agree to these Terms in your own capacity and, to the extent permitted by applicable law, on behalf of the Minor User.

IMPORTANT NOTICE: THESE TERMS INCLUDE PROVISIONS CONCERNING EXERCISE AND SWIMMING RISKS, ASSUMPTION OF RISK, RELEASE OF CERTAIN CLAIMS, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND BINDING INDIVIDUAL ARBITRATION.

2. Eligibility and Age Requirements

The Services are intended for individuals who are 13 years of age or older.

Individuals under 13 may not create an account or use the Services.

By creating or using an account, you represent that the age and date-of-birth information provided to SwimDNA is accurate.

Users Age 18 or Older

If you are 18 or older and have legal capacity to contract, you may accept these Terms yourself.

Users Age 13–17

A Minor User may use SwimDNA only if:

  1. a Guardian has reviewed these Terms and the Privacy Policy;

  2. the Guardian has affirmatively consented to the Minor User's use of SwimDNA;

  3. the Guardian has entered into these Terms in the Guardian's own capacity;

  4. any subscription or paid service used by the Minor User has been authorized by the Guardian; and

  5. the Minor User uses the Services subject to appropriate parental, coaching, medical, facility, and safety supervision.

A Minor User's independent acceptance of these Terms is not intended to substitute for required Guardian authorization.

The Guardian represents that the Guardian:

  • is legally authorized to act for the Minor User;

  • has authority to consent to the Minor User's use of the Services;

  • has reviewed the information SwimDNA collects and uses as described in the Privacy Policy; and

  • accepts responsibility for deciding whether SwimDNA is appropriate for the Minor User.

Nothing in these Terms purports to waive a right belonging to a minor if applicable law does not permit the Guardian to waive that right.

Users Under 13

If we learn that an individual under 13 has created or is using an account, we may suspend or terminate the account and delete or otherwise handle associated information in accordance with applicable law and our Privacy Policy.

3. Guardian Responsibilities

A Guardian authorizing a Minor User acknowledges that swimming and physical training involve inherent risks and that software cannot directly supervise a Minor User.

The Guardian is responsible for determining, with appropriate professional assistance where necessary:

  • whether the Minor User is medically and physically able to participate;

  • whether recommended training is appropriate for the Minor User's age, development, experience, and ability;

  • what level of adult, coaching, lifeguard, or other supervision is appropriate;

  • whether the Minor User should perform a particular workout, drill, strength exercise, underwater activity, or other Training Output; and

  • whether circumstances have changed since information was provided to SwimDNA.

SwimDNA is not a substitute for appropriate adult supervision of a Minor User.

4. Description of SwimDNA

SwimDNA is a technology platform designed to assist swimmers with training planning, organization, education, monitoring, and adaptation.

Depending on the Services available to you, SwimDNA may provide:

  • personalized swimming workouts;

  • multi-session and multi-week training plans;

  • adaptive modifications to training;

  • race- or event-oriented programming;

  • pace recommendations;

  • interval and rest recommendations;

  • training-volume recommendations;

  • technique tasks;

  • drills;

  • kicking or pulling tasks;

  • starts, turns, underwater, breakout, breathing-pattern, or finishing tasks;

  • strength and dryland programming;

  • recovery recommendations;

  • testing protocols;

  • competition preparation;

  • performance analysis;

  • workout logging;

  • readiness or fatigue check-ins;

  • training summaries;

  • feedback analysis;

  • educational content;

  • connected-device or wearable integrations;

  • imported fitness or activity information;

  • artificial-intelligence-assisted analysis;

  • algorithmic recommendations;

  • notifications;

  • beta or experimental features; and

  • other training-related tools.

We may add, modify, limit, suspend, replace, or discontinue features at any time, subject to applicable law.

5. Personalized and Adaptive Training

Personalization is a central part of SwimDNA.

SwimDNA may use information such as:

  • age;

  • swimming experience;

  • event goals;

  • performance history;

  • pool length;

  • available training time;

  • equipment;

  • reported injury limitations;

  • recent training;

  • competition schedule;

  • completed workouts;

  • recorded times;

  • subjective feedback;

  • fatigue;

  • soreness;

  • sleep or recovery information;

  • wearable or connected-device information; and

  • other information provided by or authorized by you

to generate or modify training recommendations.

Recommendations generated by the Services are referred to in these Terms as “Training Outputs.”

Training Outputs may include workouts, plans, progressions, recommendations, classifications, analyses, predictions, summaries, targets, paces, intervals, loads, exercises, or other information.

6. Artificial Intelligence and Automated Systems

Some Training Outputs may be created or modified using artificial intelligence, machine learning, algorithms, rules engines, statistical methods, proprietary training logic, third-party models, or combinations of these technologies (“AI Features”).

AI and automated systems are probabilistic and imperfect.

You acknowledge that AI Features may:

  • make mistakes;

  • misunderstand information;

  • overlook relevant circumstances;

  • produce incomplete information;

  • produce contradictory recommendations;

  • generate inappropriate recommendations;

  • rely on inaccurate input;

  • produce outputs similar to outputs given to other users;

  • fail to recognize a medical or safety concern; or

  • behave differently over time as technology changes.

AN AI-GENERATED TRAINING OUTPUT IS NOT A GUARANTEE THAT THE ACTIVITY IS SAFE OR APPROPRIATE FOR YOU.

You must use reasonable judgment when deciding whether to follow any Training Output.

If a Training Output appears unsafe, inconsistent with your abilities, inconsistent with professional advice, or inconsistent with your current condition, do not perform it.

7. SwimDNA Cannot Observe You

Unless expressly stated otherwise, SwimDNA does not physically observe you while you train.

SwimDNA generally cannot independently determine:

  • whether your technique is correct;

  • whether you are performing an exercise correctly;

  • whether you are injured;

  • whether you are becoming ill;

  • whether you are unusually fatigued;

  • whether you are dehydrated;

  • whether you are experiencing dangerous symptoms;

  • whether a facility is safe;

  • whether water conditions are safe;

  • whether equipment is functioning correctly;

  • whether you have correctly reported your performance;

  • whether a wearable is producing accurate information;

  • whether your actual effort matches a prescribed effort;

  • whether another athlete creates a collision hazard; or

  • whether circumstances have changed since a Training Output was generated.

You remain responsible for evaluating real-world conditions.

8. Information You Provide

The usefulness of personalized training depends in part on the quality of the information available to SwimDNA.

You agree to provide information that is materially accurate to the best of your knowledge.

You should update information when circumstances materially change.

Incorrect or incomplete information concerning matters such as:

  • age;

  • swimming ability;

  • performance;

  • injuries;

  • pain;

  • medical restrictions;

  • fatigue;

  • available training;

  • pool configuration;

  • equipment;

  • training history; or

  • completed workouts

may result in Training Outputs that are inappropriate.

SwimDNA is not responsible for consequences caused by materially inaccurate, misleading, incomplete, outdated, or omitted information to the extent permitted by law.

9. Not Medical Advice

SWIMDNA DOES NOT PROVIDE MEDICAL CARE.

The Services are intended for athletic-training, fitness, educational, and informational purposes.

Nothing provided through SwimDNA constitutes:

  • medical advice;

  • diagnosis;

  • treatment;

  • rehabilitation;

  • physical therapy;

  • medical clearance;

  • prescription;

  • psychological treatment;

  • emergency care;

  • injury diagnosis; or

  • individualized medical guidance.

SwimDNA is not a hospital, physician, physical therapist, athletic trainer, emergency-response provider, or other healthcare provider.

Consult an appropriately qualified physician or healthcare professional before beginning or materially changing an exercise program if you have medical concerns, injuries, symptoms, limitations, medication considerations, pregnancy-related considerations, cardiovascular concerns, respiratory concerns, or other health conditions.

Never disregard professional medical advice because of information generated or displayed by SwimDNA.

10. Professional Advice Takes Priority

A SwimDNA Training Output does not override advice or restrictions imposed by an appropriate professional who has evaluated you.

If a physician, physical therapist, athletic trainer, qualified coach, lifeguard, facility employee, event official, or other appropriate professional instructs you not to perform an activity, do not perform the activity merely because SwimDNA recommends it.

If professional guidance conflicts with SwimDNA, follow the guidance of the appropriate professional unless and until the conflict is resolved.

11. No Coach-Athlete or Fiduciary Relationship

Use of SwimDNA does not, by itself, create:

  • a physician-patient relationship;

  • therapist-patient relationship;

  • licensed trainer-client relationship;

  • fiduciary relationship;

  • employment relationship;

  • agency relationship;

  • partnership;

  • joint venture; or

  • traditional personal coach-athlete relationship.

References to “coaching,” “AI coaching,” “personalized coaching,” “training coach,” “Coach,” or similar product terminology describe the functionality and experience of the Services.

They do not mean that a human coach has personally reviewed or supervised each Training Output unless SwimDNA expressly states otherwise.

12. Exercise and Swimming Risks

Swimming and physical training involve inherent and other risks.

These risks may include:

  • muscle strains;

  • tendon injuries;

  • ligament injuries;

  • overuse injuries;

  • shoulder injuries;

  • neck injuries;

  • back injuries;

  • knee injuries;

  • hip injuries;

  • joint injuries;

  • falls;

  • slips;

  • collisions;

  • head injuries;

  • equipment failures;

  • cardiovascular events;

  • breathing difficulty;

  • asthma-related symptoms;

  • dizziness;

  • loss of consciousness;

  • dehydration;

  • heat illness;

  • hypothermia;

  • illness;

  • complications of preexisting conditions;

  • drowning;

  • shallow-water or hypoxic blackout;

  • open-water hazards;

  • waves;

  • currents;

  • tides;

  • poor visibility;

  • water quality issues;

  • weather;

  • marine life;

  • boat traffic;

  • diving injuries;

  • paralysis;

  • permanent disability; and

  • death.

Some risks are foreseeable and others are not.

13. Assumption of Athletic Risk

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AN ADULT USER KNOWINGLY AND VOLUNTARILY ASSUMES THE INHERENT AND OTHER RISKS ASSOCIATED WITH SWIMMING, EXERCISE, TRAINING, STRENGTH TRAINING, DRYLAND TRAINING, OPEN-WATER SWIMMING, COMPETITION, AND OTHER ATHLETIC ACTIVITIES UNDERTAKEN IN CONNECTION WITH THE SERVICES.

For a Minor User, the Guardian acknowledges and accepts the inherent risks associated with allowing the Minor User to participate in such activities.

Nothing in this section is intended to waive rights that applicable law does not permit to be waived.

14. General Swimming Safety

You are responsible for determining whether a swimming environment and activity are appropriate for your abilities.

You agree to use reasonable safety precautions, including where appropriate:

  • swimming in designated areas;

  • complying with facility rules;

  • complying with lifeguard instructions;

  • complying with event rules;

  • using appropriate supervision;

  • checking water depth before diving;

  • understanding pool configuration;

  • using safe lane etiquette;

  • using appropriate equipment;

  • adapting training to environmental conditions;

  • avoiding unsafe weather or water conditions;

  • using an appropriate open-water buddy or safety system;

  • stopping when conditions become unsafe; and

  • obtaining assistance when needed.

SWIMDNA IS NOT A WATER-SAFETY, RESCUE, OR DROWNING-PREVENTION SYSTEM.

15. Underwater and Breath-Control Activities

Underwater swimming and breath-control exercises involve additional risks, including unconsciousness and drowning.

You must use appropriate supervision and facility-approved safety procedures.

Do not intentionally hyperventilate before underwater swimming or breath-holding activities.

Do not perform prolonged, maximal, competitive, or repeated breath-holding activities without appropriate safety procedures and supervision.

Do not assume that a breathing pattern or underwater distance is safe merely because it appears in a Training Output.

Facility rules and lifeguard instructions always take precedence.

16. Starts, Diving, and Turns

Starts and diving activities can result in severe injury if performed in unsuitable water or without appropriate skill and supervision.

Before performing a start, dive, or similar activity, you are responsible for ensuring that:

  • diving is permitted;

  • water depth is appropriate;

  • the facility permits the activity;

  • you have appropriate skill;

  • equipment is suitable;

  • the area is clear; and

  • appropriate supervision is available.

Never perform a SwimDNA start or diving recommendation where diving is prohibited.

17. Open-Water Swimming

Open-water swimming presents risks that may not exist in a pool.

These can include:

  • currents;

  • tides;

  • waves;

  • temperature;

  • visibility;

  • weather;

  • marine life;

  • boat traffic;

  • navigation error;

  • sudden depth changes;

  • poor water quality; and

  • delayed access to emergency assistance.

Any open-water Training Output must be adapted to actual local conditions.

Use appropriate supervision, visibility equipment, safety equipment, local knowledge, and a buddy or support system.

Do not enter open water when conditions are unsafe.

18. Strength and Dryland Training

SwimDNA may recommend resistance training, strength training, plyometrics, mobility work, stretching, bodyweight exercises, or other dryland activity.

You are responsible for:

  • using appropriate technique;

  • selecting safe equipment;

  • ensuring equipment is correctly assembled;

  • using appropriate load;

  • maintaining a safe environment;

  • using a spotter where appropriate; and

  • reducing or stopping an activity if needed.

A Training Output that includes a particular load, repetition range, exercise, or intensity is not a guarantee that the activity is appropriate for you.

19. Stop-Exercise Warning

Stop exercising and obtain appropriate assistance when warranted if you experience symptoms such as:

  • chest pain;

  • fainting;

  • loss of consciousness;

  • severe dizziness;

  • significant or unusual shortness of breath;

  • sudden weakness;

  • severe heart palpitations;

  • acute neurological symptoms;

  • severe pain;

  • rapidly worsening pain;

  • a suspected serious injury; or

  • another symptom reasonably suggesting that continuing may be unsafe.

Completion of a SwimDNA workout is never more important than your safety.

20. No Emergency Monitoring

SwimDNA is not an emergency-monitoring service.

Unless expressly stated otherwise, SwimDNA does not continuously monitor:

  • your location;

  • heart rate;

  • consciousness;

  • breathing;

  • oxygen status;

  • medical condition;

  • swimming environment;

  • water conditions; or

  • execution of a workout.

SwimDNA cannot dispatch lifeguards, emergency medical personnel, police, rescue services, or other emergency responders.

In an emergency, contact the appropriate local emergency service or on-site personnel.

21. No Guarantee of Performance

Training adaptation differs between individuals.

SwimDNA does not guarantee that you will:

  • improve;

  • become faster;

  • become stronger;

  • increase endurance;

  • avoid injury;

  • qualify for a competition;

  • achieve a personal best;

  • achieve a particular race result;

  • successfully complete a training plan; or

  • receive any other specific athletic outcome.

Past results do not guarantee future results.

22. Accounts

Certain Services require an account.

You agree to:

  • provide accurate registration information;

  • maintain only accounts you are authorized to use;

  • keep your credentials confidential;

  • use reasonable security precautions;

  • not sell or transfer an account;

  • not improperly share subscription access; and

  • promptly notify us of suspected unauthorized account access.

You are responsible for activity through your account to the extent permitted by applicable law.

23. Account Security

You must not attempt to access another person's account without authorization.

If you believe an account has been compromised, contact:

admin@swimdna.app

SwimDNA may take reasonable security measures, including:

  • requiring authentication;

  • resetting credentials;

  • suspending access;

  • terminating sessions;

  • requesting account verification; or

  • restricting features.

24. Paid Services and Subscriptions

Certain Services may require a paid subscription.

At launch, paid mobile subscriptions may be offered through:

  • Apple App Store; and

  • Google Play.

The subscription options presented at purchase will identify applicable information such as:

  • price;

  • billing period;

  • introductory offer;

  • trial period;

  • included features; and

  • renewal terms.

The terms displayed by the applicable app marketplace at the time of purchase form part of your transaction.

25. Guardian Authorization for Minor Purchases

A Minor User may not purchase or activate paid Services without Guardian authorization.

The Guardian is responsible for approving paid Services used by a Minor User.

Use of family-purchase, parental-control, or marketplace approval systems does not eliminate the Guardian's responsibilities under these Terms.

26. Automatic Renewal

If you purchase an automatically renewing subscription, the subscription will continue for successive billing periods until canceled in accordance with the applicable Apple App Store or Google Play procedures.

The applicable marketplace will display the subscription price and renewal period before purchase.

By purchasing an automatically renewing subscription, the authorized purchaser agrees that the applicable marketplace may charge the payment method associated with the marketplace account for renewal charges until cancellation.

27. Trials and Promotional Offers

SwimDNA may offer free trials, introductory pricing, promotional periods, discounts, referral benefits, or other offers.

Eligibility and terms may vary.

Where a free or discounted trial converts into a paid automatically renewing subscription, the applicable terms will be presented before purchase.

Unless otherwise stated or required by law, promotional offers:

  • may be limited to eligible users;

  • may be limited to one use;

  • may expire;

  • may not be combined;

  • may differ by platform or location; and

  • may be modified or withdrawn for future users.

Fraudulent creation of duplicate accounts to obtain repeated introductory offers is prohibited.

28. Cancellation

Subscriptions purchased through the Apple App Store must generally be managed through the user's Apple subscription settings.

Subscriptions purchased through Google Play must generally be managed through Google Play subscription controls.

Cancellation generally prevents the next renewal but does not necessarily terminate access immediately.

Unless required otherwise by law or marketplace rules, access ordinarily continues through the remainder of the paid subscription period.

DELETING THE SWIMDNA APPLICATION DOES NOT CANCEL A SUBSCRIPTION.

DELETING A SWIMDNA ACCOUNT DOES NOT AUTOMATICALLY CANCEL AN APP STORE OR GOOGLE PLAY SUBSCRIPTION.

Users should cancel the applicable marketplace subscription separately.

29. Refunds

Purchases processed by Apple or Google are subject to the applicable marketplace's billing, cancellation, and refund rules.

Except where required by applicable law, marketplace rules, or an express SwimDNA offer, SwimDNA does not guarantee refunds or credits for:

  • partially used subscription periods;

  • unused workouts;

  • failure to use the Services;

  • dissatisfaction with a particular Training Output; or

  • failure to achieve a performance goal.

Nothing in these Terms limits a non-waivable refund right provided by applicable law.

30. Subscription Pricing Changes

Subscription pricing may change.

Changes to existing automatically renewing subscriptions will be implemented in accordance with applicable law and the procedures of Apple or Google, as applicable.

A new price may take effect on a subsequent renewal after any notice or consent required by the applicable marketplace or law.

31. Changes to Subscription Features

SwimDNA may modify the features associated with subscription levels.

Subject to applicable law, features may be:

  • added;

  • improved;

  • replaced;

  • combined;

  • limited; or

  • discontinued.

A subscription grants access to the applicable Services during the subscription period. It does not convey ownership of SwimDNA technology or intellectual property.

32. License to Use SwimDNA

Subject to these Terms, SwimDNA grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for lawful personal use.

No ownership rights are transferred.

SwimDNA reserves all rights not expressly granted.

33. SwimDNA Intellectual Property

The Services and their underlying and associated intellectual property are owned by or licensed to SwimDNA.

Protected materials include, to the extent protectable under applicable law:

  • software;

  • source code;

  • object code;

  • application architecture;

  • interfaces;

  • graphics;

  • designs;

  • icons;

  • text;

  • audiovisual material;

  • databases;

  • workout libraries;

  • exercise libraries;

  • training structures;

  • set architectures;

  • testing protocols;

  • training classifications;

  • progression frameworks;

  • decision systems;

  • adaptive logic;

  • recommendation logic;

  • rules engines;

  • scoring systems;

  • algorithms;

  • prompts;

  • prompt architecture;

  • system instructions;

  • model orchestration;

  • model configurations;

  • proprietary taxonomies;

  • data structures;

  • analytics;

  • compilations;

  • proprietary datasets;

  • research organization;

  • documentation;

  • business methods;

  • confidential information;

  • trade secrets;

  • selection and arrangement of material; and

  • other proprietary technology.

No provision of these Terms transfers ownership of such intellectual property to you.

34. SwimDNA™ Trademark

SwimDNA™, the SwimDNA name, SwimDNA logos, brand designs, product names, service names, slogans, trade dress, and related identifiers are trademarks, service marks, or other brand assets owned or claimed by SwimDNA, LLC.

Without prior written authorization from SwimDNA, you may not:

  • use the SwimDNA mark in a manner suggesting sponsorship or endorsement;

  • register a confusingly similar trademark;

  • register a confusingly similar domain name;

  • use a confusingly similar application name;

  • use a confusingly similar social-media identifier;

  • reproduce or modify the SwimDNA logo;

  • impersonate SwimDNA;

  • use SwimDNA branding on competing goods or services;

  • remove proprietary notices; or

  • use SwimDNA branding in a manner likely to cause confusion.

No trademark license is granted except as expressly authorized in writing.

35. Protection Against Copying and Reverse Engineering

Except where applicable law expressly prohibits such a restriction, you may not:

  1. reverse engineer the Services;

  2. decompile the Services;

  3. disassemble the Services;

  4. decode the Services;

  5. attempt to discover source code;

  6. attempt to extract proprietary prompts or system instructions;

  7. reconstruct proprietary decision logic;

  8. systematically extract SwimDNA methodology;

  9. circumvent technical protections;

  10. bypass access controls;

  11. circumvent rate limits;

  12. scrape the Services;

  13. crawl the Services using automated tools;

  14. bulk-download Training Outputs;

  15. use bots or unauthorized APIs;

  16. harvest SwimDNA content;

  17. copy substantial portions of the Services;

  18. reproduce the Services to develop a competing platform;

  19. use SwimDNA content or Training Outputs to train or fine-tune a competing AI system;

  20. use SwimDNA to benchmark or systematically evaluate a competing commercial coaching system without authorization;

  21. replicate proprietary workout-generation logic;

  22. resell access to SwimDNA;

  23. white-label SwimDNA without authorization; or

  24. assist another party in any prohibited activity.

36. Personal Use of Training Outputs

Subject to these Terms, you may use Training Outputs generated for your account for your own personal training.

You may also share your personal Training Outputs with individuals involved in your personal care or training, such as:

  • a parent or Guardian;

  • personal swimming coach;

  • physician;

  • physical therapist;

  • athletic trainer; or

  • other appropriate professional.

This permission does not authorize commercial redistribution.

37. Commercial Use Prohibited Without Authorization

Unless SwimDNA offers a specific coach, team, club, enterprise, licensing, or other commercial product, a consumer subscription is for personal use.

You may not use a consumer account to:

  • sell SwimDNA workouts;

  • sell SwimDNA-generated training plans;

  • systematically generate plans for paying clients;

  • provide subscription access to multiple clients;

  • operate a commercial coaching platform;

  • publish a SwimDNA workout library;

  • create a competing training database;

  • white-label SwimDNA output;

  • commercially redistribute Training Outputs; or

  • build another commercial product substantially based on proprietary SwimDNA material.

Separate commercial licenses may be offered in the future.

38. Training Outputs May Not Be Unique

Training Outputs may contain material similar or identical to recommendations generated for other users.

Factors such as:

  • similar athlete characteristics;

  • event requirements;

  • common exercise principles;

  • common swimming terminology;

  • similar goals; or

  • automated generation

may result in overlapping outputs.

SwimDNA does not represent that any individual Training Output is unique.

To the extent SwimDNA owns legally protectable rights in the selection, arrangement, compilation, formatting, or proprietary components of Training Outputs, those rights remain with SwimDNA.

39. User Content and Training Data

You may provide information including:

  • workout results;

  • times;

  • splits;

  • comments;

  • check-ins;

  • text;

  • training logs;

  • goals;

  • files;

  • images;

  • feedback;

  • injury-related information;

  • subjective readiness information;

  • performance information; and

  • other materials

(collectively, “User Content”).

As between you and SwimDNA, you retain the ownership rights you lawfully hold in original User Content.

You represent that you have the right to provide User Content to SwimDNA.

40. License to Process User Content

You grant SwimDNA and its authorized service providers a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, analyze, transform, format, and otherwise process User Content as reasonably necessary to:

  • provide the Services;

  • personalize training;

  • generate Training Outputs;

  • maintain accounts;

  • operate integrations;

  • provide support;

  • troubleshoot;

  • detect misuse;

  • maintain security;

  • improve the Services where permitted;

  • comply with law; and

  • carry out other processing described in the Privacy Policy.

Personal information remains subject to the SwimDNA Privacy Policy.

This section does not authorize SwimDNA to process personal information in a manner inconsistent with the Privacy Policy or applicable law.

41. Aggregated and De-Identified Information

Subject to applicable law and the Privacy Policy, SwimDNA may create aggregated, statistical, or de-identified information derived from use of the Services.

Where information has been lawfully de-identified so that it is no longer reasonably linkable to an identifiable person as required by applicable law, SwimDNA may use such information for purposes such as:

  • analytics;

  • research;

  • product improvement;

  • training-system evaluation;

  • benchmarking;

  • business planning; and

  • service development.

42. Feedback

If you voluntarily provide product ideas, suggestions, concepts, feature requests, or similar feedback (“Feedback”), you grant SwimDNA a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use that Feedback to develop, modify, market, commercialize, or improve products and services without compensation.

Feedback does not include an ordinary public consumer review.

Nothing in these Terms prohibits or penalizes a truthful review, lawful criticism, or other legally protected consumer communication.

43. Acceptable Use

You may not use the Services:

  • unlawfully;

  • fraudulently;

  • to impersonate another person;

  • to access another person's data without permission;

  • to infringe intellectual-property rights;

  • to violate privacy rights;

  • to introduce malicious software;

  • to interfere with system operation;

  • to attack SwimDNA infrastructure;

  • to evade payment;

  • to abuse promotions;

  • to manipulate referral programs;

  • to create fraudulent activity or performance records;

  • to misrepresent AI output as professional medical advice;

  • to harass or exploit another person;

  • to test system security without authorization;

  • to exceed authorized access;

  • to circumvent usage limitations; or

  • for another purpose reasonably likely to harm SwimDNA, its users, or third parties.

44. Third-Party Integrations and Devices

SwimDNA may interact with third-party:

  • wearables;

  • fitness trackers;

  • health platforms;

  • authentication systems;

  • devices;

  • applications;

  • operating systems;

  • calendars;

  • payment systems;

  • app marketplaces;

  • APIs;

  • cloud services; or

  • other products.

Third-party products are governed by their own terms and privacy policies.

SwimDNA does not control and does not guarantee the:

  • availability;

  • accuracy;

  • security;

  • compatibility;

  • reliability;

  • continued support; or

  • functionality

of third-party products.

Third parties may modify or discontinue integrations without SwimDNA's control.

45. Imported Data May Be Inaccurate

Information imported from a wearable, health platform, activity tracker, or other third party may contain errors.

Possible causes include:

  • sensor error;

  • incorrect lap detection;

  • GPS limitations;

  • heart-rate measurement error;

  • synchronization failure;

  • duplicate activities;

  • missing data;

  • unit conversion;

  • incorrect pool length;

  • manual entry;

  • device configuration;

  • algorithmic estimation; or

  • third-party software error.

SwimDNA may rely on imported information when generating Training Outputs.

You should review material information for obvious errors before relying on a recommendation based on it.

46. Third-Party Links and Products

The Services may reference third-party products, equipment, websites, events, pools, races, coaches, facilities, or services.

Unless expressly stated otherwise, such a reference does not mean SwimDNA controls or guarantees the third party.

Transactions with a third party are between you and that third party.

SwimDNA is not responsible for a third party's:

  • products;

  • services;

  • conduct;

  • safety practices;

  • privacy practices;

  • terms;

  • representations; or

  • availability,

except to the extent applicable law provides otherwise.

47. Beta and Experimental Features

SwimDNA may make beta, preview, testing, experimental, or prerelease features available.

Such features may:

  • contain errors;

  • operate unpredictably;

  • produce incomplete results;

  • change substantially;

  • lose information;

  • have limited support;

  • be discontinued; or

  • never become generally available.

Use of experimental features is voluntary.

48. Privacy

The SwimDNA Privacy Policy explains how SwimDNA collects, uses, stores, discloses, retains, and otherwise processes personal information.

The Privacy Policy is incorporated into these Terms by reference.

If you do not agree with the Privacy Policy, do not use the Services.

Third-party integrations may also be governed by the third party's privacy practices.

49. Intellectual-Property Complaints

If you believe content made available through the Services infringes copyright, trademark, or another intellectual-property right, contact:

SwimDNA, LLC
Attn: Intellectual Property
P.O. Box 3390
276 Kingsbury Grade, Suite 2000
Stateline, Nevada 89449-3390
Email: admin@swimdna.app

Your notice should identify:

  • the protected work or right;

  • the material you believe infringes it;

  • where the material appears;

  • your contact information; and

  • sufficient information to evaluate the complaint.

SwimDNA may remove or restrict allegedly infringing material when appropriate.

Nothing in this section represents that SwimDNA has completed any separate statutory agent registration that applicable law may require.

50. Suspension and Termination

SwimDNA may suspend, restrict, or terminate access where reasonably appropriate, including because of:

  • violation of these Terms;

  • unauthorized account use;

  • fraud;

  • nonpayment;

  • chargeback abuse;

  • security concerns;

  • intellectual-property infringement;

  • illegal conduct;

  • scraping;

  • reverse engineering;

  • misuse of AI Features;

  • attempts to circumvent restrictions;

  • harmful behavior;

  • requests from lawful authorities;

  • discontinuation of the Services; or

  • material operational or technical reasons.

Where required by applicable law, SwimDNA will provide required notice.

You may stop using SwimDNA at any time.

Termination does not automatically create a refund right.

51. Assumption of Risk and Release — Adult Users

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AN ADULT USER, ON BEHALF OF THE ADULT USER AND THE ADULT USER'S HEIRS, ESTATE, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, VOLUNTARILY ASSUMES THE RISKS OF ATHLETIC ACTIVITIES UNDERTAKEN IN CONNECTION WITH THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ADULT USER RELEASES THE SWIMDNA PARTIES FROM CLAIMS ARISING FROM THE ADULT USER'S VOLUNTARY PARTICIPATION IN SWIMMING, TRAINING, EXERCISE, OR OTHER ATHLETIC ACTIVITIES BASED ON OR ASSOCIATED WITH THE SERVICES, INCLUDING CLAIMS BASED ON ORDINARY NEGLIGENCE TO THE EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED.

This release does not apply to liability that applicable law prohibits a party from releasing, including liability for gross negligence, reckless conduct, intentional misconduct, or other conduct that cannot lawfully be released.

52. Guardian Risk Acknowledgment for Minor Users

A Guardian authorizing a Minor User acknowledges:

  • swimming and exercise involve risks;

  • serious injury or death can occur;

  • SwimDNA cannot physically supervise the Minor User;

  • Training Outputs may contain errors;

  • the Minor User's circumstances may change;

  • appropriate adult and professional supervision remains important; and

  • the Guardian is choosing to permit the Minor User to use SwimDNA with knowledge of these circumstances.

To the extent permitted by applicable law, the Guardian releases the SwimDNA Parties from claims belonging personally to the Guardian that arise from the Guardian's decision to authorize the Minor User's voluntary participation in activities associated with the Services.

Nothing in these Terms purports to release or waive a claim belonging to the Minor User where applicable law does not permit a Guardian to release or waive that claim.

53. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, TRAINING OUTPUTS, AI FEATURES, CONTENT, SOFTWARE, AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

To the maximum extent permitted by law, SwimDNA disclaims express, implied, and statutory warranties, including warranties of:

  • merchantability;

  • fitness for a particular purpose;

  • title;

  • non-infringement;

  • accuracy;

  • completeness;

  • reliability;

  • availability;

  • compatibility;

  • security; and

  • fitness for a particular athletic or competitive objective.

Without limiting the foregoing, SwimDNA does not warrant that:

  • the Services will always operate;

  • the Services will be uninterrupted;

  • the Services will be error-free;

  • all defects will be corrected;

  • data will never be lost;

  • Training Outputs will be correct;

  • Training Outputs will be optimal;

  • a plan will be appropriate under every circumstance;

  • AI Features will be accurate;

  • AI Features will identify every risk;

  • the Services will detect injury or overtraining;

  • third-party information will be correct;

  • you will achieve a particular result; or

  • using SwimDNA will prevent injury.

Some jurisdictions do not permit certain warranty exclusions, in which case those exclusions apply only to the maximum extent permitted.

54. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SWIMDNA PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES.

This includes, where legally permissible:

  • lost profits;

  • lost revenue;

  • lost business;

  • loss of goodwill;

  • loss of data;

  • lost competitive opportunities; or

  • similar intangible losses.

To the maximum extent permitted by applicable law, the aggregate monetary liability of all SwimDNA Parties for claims arising out of or relating to the Services or these Terms will not exceed the greater of:

(A) US $100; or

(B) the amount actually paid for the applicable SwimDNA Services during the 12 months immediately preceding the event giving rise to the claim.

These limitations apply regardless of the theory of liability, including contract, negligence, tort, statute, or otherwise.

Nothing in this section excludes or limits liability to the extent applicable law prohibits its exclusion or limitation.

In particular, nothing in these Terms is intended to exclude liability for gross negligence, willful misconduct, fraud, or death or personal injury where such liability cannot lawfully be excluded or limited.

55. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the SwimDNA Parties from third-party claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable attorneys' fees arising from:

  • your unlawful use of the Services;

  • your material violation of these Terms;

  • your infringement of a third party's rights;

  • your fraudulent activity;

  • your unauthorized commercial exploitation of SwimDNA;

  • your User Content where you lacked the right to provide it;

  • your unauthorized access to another person's information; or

  • malicious or intentionally harmful conduct through your account.

This provision does not require you to indemnify a SwimDNA Party for liability that applicable law prohibits SwimDNA from shifting to you.

56. DISPUTE RESOLUTION — IMPORTANT

THIS SECTION AFFECTS LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

The arbitration provisions below apply only to the extent legally enforceable.

Nothing in these Terms deprives a consumer of rights that applicable law does not permit the consumer to waive.

57. Informal Dispute Resolution

Before filing arbitration or litigation, the complaining party must first send a written dispute notice and attempt in good faith to resolve the matter informally.

Notices to SwimDNA must be sent to:

SwimDNA, LLC
Attn: Legal
P.O. Box 3390
276 Kingsbury Grade, Suite 2000
Stateline, Nevada 89449-3390
Email: admin@swimdna.app

A dispute notice should contain:

  • the claimant's name;

  • account email;

  • description of the dispute;

  • relevant dates;

  • requested resolution; and

  • sufficient information for the other party to evaluate the dispute.

The parties will attempt in good faith to resolve the dispute for 60 days after receipt of a sufficiently detailed notice before initiating arbitration, unless emergency equitable relief is reasonably necessary.

58. Binding Individual Arbitration

Except for matters expressly excluded below, and to the fullest extent permitted by applicable law, disputes arising from or relating to:

  • these Terms;

  • the Privacy Policy;

  • the Services;

  • Training Outputs;

  • AI Features;

  • subscriptions;

  • advertising;

  • communications;

  • purchases; or

  • the relationship between you and SwimDNA

will be resolved through binding individual arbitration rather than through a lawsuit in court.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules then in effect, as modified by these Terms to the extent legally permissible.

The Federal Arbitration Act governs this arbitration agreement to the extent applicable.

The arbitrator may award relief available to an individual claimant under applicable law, subject to lawful limitations in these Terms.

Judgment on an arbitration award may be entered in a court having jurisdiction.

Fees will be allocated in accordance with the applicable consumer arbitration rules and applicable law.

59. Nevada Specific Authorization of Arbitration

ARBITRATION IS NOT EFFECTIVE MERELY BECAUSE IT APPEARS WITHIN THESE TERMS WHERE APPLICABLE LAW REQUIRES SEPARATE AFFIRMATIVE AUTHORIZATION.

SwimDNA may require an Adult User or Guardian to separately affirm agreement to arbitration through a specific checkbox, button, electronic signature, or other affirmative mechanism.

For a Minor User, the Guardian must provide any required arbitration authorization.

Where separate authorization is required by law and has not been obtained, the arbitration provision will not be enforced against that person solely based on general acceptance of these Terms.

60. Class and Representative Action Waiver

To the fullest extent permitted by applicable law, you and SwimDNA agree that claims subject to arbitration will be pursued only on an individual basis.

Neither party may bring an arbitrated claim as:

  • a class representative;

  • class member;

  • collective-action representative;

  • private attorney general; or

  • representative of other persons.

An arbitrator may award relief only to the individual parties in the arbitration except to the extent applicable law requires otherwise.

If applicable law renders a particular portion of this waiver unenforceable for a particular claim or remedy, that claim or remedy will proceed in the forum legally required while the remaining arbitrable claims remain subject to arbitration to the maximum extent permitted.

61. Arbitration Exceptions

Either party may bring an individual claim in an appropriate small-claims court if the claim qualifies.

SwimDNA may seek temporary, preliminary, or permanent injunctive or equitable relief in court where reasonably necessary to protect:

  • trademarks;

  • copyrights;

  • patents;

  • trade secrets;

  • confidential information;

  • proprietary algorithms;

  • source code;

  • system security;

  • access controls; or

  • other intellectual-property or security interests.

Seeking such relief does not waive arbitration of other arbitrable claims.

62. Arbitration Opt-Out

You may opt out of the arbitration agreement by notifying SwimDNA within 30 days after the date you first affirmatively agree to the arbitration provision.

The opt-out notice must include:

  • your full legal name;

  • the email associated with your SwimDNA account; and

  • a clear statement that you are opting out of SwimDNA's arbitration agreement.

Send the notice to:

admin@swimdna.app

Subject line:

Arbitration Opt-Out

or mail it to:

SwimDNA, LLC — Arbitration Opt-Out
P.O. Box 3390
276 Kingsbury Grade, Suite 2000
Stateline, Nevada 89449-3390

Opting out of arbitration does not terminate your account and does not affect the remaining Terms.

A Guardian may exercise the opt-out right associated with the Guardian's authorization of a Minor User.

63. Governing Law

Except to the extent superseded by federal law or mandatory law applicable to a consumer, these Terms and disputes arising from them are governed by the laws of the State of Nevada, without regard to conflict-of-law principles.

Nothing in this section deprives you of mandatory consumer rights provided by the law of your jurisdiction where those rights cannot legally be waived.

64. Court Venue

For a dispute that is legally permitted or required to proceed in court rather than arbitration, the parties consent, to the extent permitted by law, to jurisdiction in:

  • the appropriate state courts located in Douglas County, Nevada; or

  • the United States District Court for the District of Nevada

as applicable.

Mandatory consumer-law venue rights that cannot legally be waived are preserved.

65. No Contractual Shortening of Non-Waivable Rights

Nothing in these Terms shortens a statute of limitations, tolling rule, minority rule, or other claim period where applicable law prohibits such shortening.

66. California Consumer Notice

If California Civil Code Section 1789.3 applies, California consumers may direct complaints to:

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd., Suite N-112
Sacramento, California 95834

Telephone: (800) 952-5210

Consumers may also contact SwimDNA at:

admin@swimdna.app

67. Apple-Specific Terms

If you download or use SwimDNA through Apple's App Store, you acknowledge that:

  1. these Terms are between you and SwimDNA, not Apple;

  2. SwimDNA, not Apple, is responsible for the SwimDNA application and its content;

  3. Apple is not responsible for providing maintenance or support for SwimDNA except as required by applicable law;

  4. to the extent an applicable warranty exists and cannot be disclaimed, Apple's obligations are limited as provided under applicable Apple terms and law;

  5. SwimDNA, not Apple, is responsible for addressing claims concerning the application, subject to applicable law;

  6. SwimDNA, not Apple, is responsible for investigation, defense, settlement, and discharge of claims alleging that the application infringes third-party intellectual-property rights;

  7. you must comply with applicable third-party terms when using the application;

  8. you represent that you are not prohibited from receiving the application under applicable law; and

  9. Apple and its subsidiaries are intended third-party beneficiaries of this section and may enforce these Apple-specific provisions.

68. Google Play

If you obtain or purchase SwimDNA through Google Play:

  • your Google Play purchase is subject to Google's applicable terms;

  • Google may process subscription billing;

  • subscription management and cancellation may be performed through Google Play;

  • marketplace refund rights are governed by Google and applicable law; and

  • these Terms remain between you and SwimDNA regarding your use of the SwimDNA Services except where Google terms expressly govern the marketplace transaction.

69. Electronic Communications

You consent to receive legally permissible electronic communications concerning:

  • your account;

  • subscriptions;

  • transactions;

  • security;

  • changes to Services;

  • changes to Terms;

  • Privacy Policy updates;

  • operational notices; and

  • support.

Electronic communications may satisfy legal requirements that communications be in writing to the extent permitted by applicable law.

Marketing communications remain subject to applicable consent and opt-out rights.

70. Changes to These Terms

SwimDNA may modify these Terms from time to time.

When legally required, we will provide notice of material changes.

Notice may be provided through:

  • the application;

  • email;

  • website notice; or

  • another reasonable method.

Updated Terms will identify the applicable effective or revision date.

Where applicable law requires affirmative acceptance of a change, continued use alone will not substitute for required consent.

A prior arbitration opt-out will remain effective unless the user later separately agrees otherwise.

Material changes to arbitration provisions will apply in accordance with applicable law and any required separate authorization.

71. Changes or Discontinuation of Services

SwimDNA may modify, suspend, or discontinue all or part of the Services.

We do not guarantee that a particular:

  • feature;

  • integration;

  • AI model;

  • workout type;

  • exercise;

  • training methodology;

  • interface;

  • device connection; or

  • subscription tier

will remain available indefinitely.

Nothing in this section limits rights provided by applicable consumer law.

72. Service Availability

The Services may occasionally be unavailable because of:

  • maintenance;

  • updates;

  • server failures;

  • network failures;

  • third-party outages;

  • app-store outages;

  • cybersecurity events;

  • software bugs;

  • API failures; or

  • circumstances outside SwimDNA's reasonable control.

SwimDNA does not guarantee uninterrupted availability.

73. Force Majeure

To the extent permitted by law, SwimDNA is not responsible for failure or delay caused by events reasonably outside its control, including:

  • natural disasters;

  • fire;

  • flood;

  • severe weather;

  • earthquake;

  • epidemic;

  • pandemic;

  • war;

  • terrorism;

  • civil unrest;

  • governmental action;

  • utility failure;

  • telecommunications failure;

  • cloud-service failure;

  • labor disruption;

  • app-store failure;

  • third-party API failure;

  • cyberattack; or

  • similar events.

74. International Access

SwimDNA is operated by a United States company.

If you access the Services outside the United States, you are responsible for complying with applicable local laws.

Nothing in these Terms eliminates mandatory legal protections that cannot be waived under applicable law.

SwimDNA may limit Services by country, region, or jurisdiction.

75. Export and Sanctions Compliance

You may not access, export, re-export, or use the Services in violation of applicable export-control, sanctions, embargo, or trade-restriction laws.

76. Assignment

You may not assign or transfer these Terms or your account without SwimDNA's prior written consent.

SwimDNA may assign or transfer these Terms in connection with:

  • a merger;

  • acquisition;

  • financing;

  • restructuring;

  • corporate reorganization;

  • sale of assets;

  • sale of the business;

  • transfer to an affiliate;

  • change of control; or

  • other lawful business transaction.

77. No Waiver

Failure by SwimDNA to enforce a provision does not constitute a waiver of that provision or another provision.

A waiver is effective only when made by an authorized person in a legally sufficient manner.

78. Severability

If a provision of these Terms is held invalid, illegal, or unenforceable, that provision will be:

  • enforced to the maximum extent legally permissible;

  • limited as necessary; or

  • severed where appropriate.

The remainder of the Terms will remain effective unless applicable law requires otherwise.

79. Entire Agreement

These Terms, together with:

  • the SwimDNA Privacy Policy;

  • applicable subscription terms;

  • applicable marketplace purchase terms; and

  • additional terms expressly incorporated into these Terms

constitute the agreement between you and SwimDNA concerning the Services.

If feature-specific terms directly conflict with these general Terms, the feature-specific terms control for that feature to the extent of the conflict.

80. Interpretation

Headings are provided for convenience and do not limit the meaning of a provision.

“Including” means “including without limitation.”

Singular terms include the plural where context requires and vice versa.

These Terms will not be construed against a party merely because that party participated in drafting them.

81. No Third-Party Beneficiaries

Except for:

  • the SwimDNA Parties where a provision expressly protects them;

  • Apple and its subsidiaries as stated in the Apple-specific section; and

  • another party expressly identified as a beneficiary,

these Terms do not create enforceable rights for third parties.

82. Survival

Provisions that by their nature should continue after termination will survive termination, including provisions concerning:

  • intellectual property;

  • proprietary rights;

  • User Content licenses necessary for lawful post-termination processing;

  • releases;

  • warranty disclaimers;

  • limitations of liability;

  • indemnification;

  • dispute resolution;

  • arbitration;

  • governing law;

  • unpaid obligations; and

  • interpretation.

83. Contact Information

For legal notices, support, privacy-related inquiries directed through the appropriate process, subscription questions, intellectual-property notices, or general inquiries:

SwimDNA, LLC
P.O. Box 3390
276 Kingsbury Grade, Suite 2000
Stateline, Nevada 89449-3390
United States

Email: admin@swimdna.app

84. Final Acknowledgment

BY ACCESSING OR USING SWIMDNA, AN ADULT USER ACKNOWLEDGES THAT THE USER HAS READ AND UNDERSTOOD THESE TERMS AND AGREES TO BE BOUND BY THEM.

FOR A USER AGE 13–17, THE USER'S PARENT OR LEGAL GUARDIAN MUST REVIEW AND ACCEPT THESE TERMS AND THE PRIVACY POLICY AND AUTHORIZE THE MINOR USER'S USE OF THE SERVICES.

THE ADULT USER OR GUARDIAN ACKNOWLEDGES THAT SWIMMING AND PHYSICAL TRAINING INVOLVE RISKS AND THAT SWIMDNA'S TRAINING OUTPUTS MAY BE GENERATED OR MODIFIED USING ARTIFICIAL INTELLIGENCE OR OTHER AUTOMATED SYSTEMS THAT CAN MAKE ERRORS.

NO USER SHOULD FOLLOW A TRAINING OUTPUT THAT APPEARS UNSAFE OR INAPPROPRIATE UNDER THE USER'S ACTUAL CIRCUMSTANCES.