Terms of Service
Terms of Service
Last updated: April 13, 2026
Please review this document carefully. It includes a binding arbitration clause (see Section 20) requiring you and us to arbitrate our claims instead of suing in court.
1. General Terms
Timedrop Technology, LLC (referred to as “Timedrop,” “we,” “us,” or “our”) provides a platform for swim and athletic performance analysis, data tracking, and related services (the “Services”). These Terms of Service (the “Terms”) govern your relationship with Timedrop and set forth the conditions under which you may access and use the Services.
Access to the Services may be subject to age restrictions and may not be available to all users. The Services are intended for individual athletes, parents, coaches, teams, and related users. These Terms form a legally binding agreement between you and Timedrop. The Services are not intended for and may not be used by children under 13 years of age, and we do not knowingly permit anyone under 13 to create an account or use the Services. If you are between 13 and 18 years of age, you may only use the Services with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
By accessing or using the Services, you confirm that you are legally able to form a binding contract with Timedrop and that you accept and agree to comply with these Terms. Your use of the Services is also subject to our Privacy Policy and any additional policies or disclaimers made available through our website or applications. By using the Services, and in exchange for using them, you consent to those policies.
If you access or use the Services on behalf of a business, team, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. You agree that the entity is fully responsible for all access to and use of the Services under its account, including by employees, agents, or contractors.
We may update or modify these Terms from time to time to reflect changes to our Services, legal requirements, or business practices. We will use commercially reasonable efforts to notify users of material changes, and we will update the “Last Updated” date at the top of these Terms accordingly. Your continued use of the Services after any changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
The Services may include software, such as mobile applications, that update automatically to ensure you are using the most current version.
2. Your Account
You must be at least 13 years old (or older, where a higher minimum age applies in your jurisdiction) to create an account or use the Services. We do not knowingly permit anyone under 13 to register for or use the Services. If you are at least 13 but under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the Services.
If you are a parent or legal guardian of a Timedrop user who is under the required legal age, you agree to be fully responsible for the activities and conduct of your child(ren), including any breach of these Terms. Timedrop reserves the right, in its sole discretion, to refuse access to the Services to any user who does not meet the minimum age requirement.
Timedrop allows users and organizations to access and share certain information. To use the Services, you must create an account. Only one account is permitted per user, and you must provide accurate and identifiable information associated with the swimmer or organization. Timedrop reserves the right to suspend or remove duplicate or misleading accounts at its discretion.
You are responsible for maintaining accurate and up-to-date account information and for all activity that occurs under your account.
You must keep your account credentials confidential and must not share them with any third party. If you know or suspect unauthorized access to your account, you must notify us immediately at support@timedrop.com.
We reserve the right to suspend or disable your account at any time if you violate these Terms, if activity under your account poses a risk to the Services or other users, or if required by applicable law.
You may deactivate or delete your account at any time. Deactivation means your account remains inactive but can be reactivated prior to deletion. If your account remains deactivated for more than two (2) years, we may delete it at our discretion. Once deleted, your account and associated content cannot be recovered.
User-generated content (e.g., uploaded videos, annotations, or other materials) may be permanently deleted after two (2) years of account inactivity. Timedrop may retain and use data derived from such content for analytics, product improvement, and operational purposes, including in aggregated or anonymized form. Publicly available swim performance data may remain accessible within the Services.
You may register for or log in to your account through third-party services such as Apple, Google, or Facebook. By doing so, you authorize Timedrop to access and use information from those services in accordance with their applicable policies. Your use of third-party login services is subject to the terms and conditions of those providers.
3. Subscription and Billing
3.1 Plan Types
Timedrop offers both free accounts and paid subscription plans that provide access to video upload, analysis, performance data, and sharing features. Users may enroll in a Self-Serve plan (completed online or in-app with payment at signup) or an Enterprise plan (entered into through a direct agreement with Timedrop and governed by a separate written agreement). Plan features, pricing, analysis limits, included credits, and availability may vary by plan, may change over time, and are not guaranteed to remain available.
3.2 Enterprise and Team Agreements
Certain customers, teams, universities, clubs, organizations, or enterprise users may access the Services under a separate written agreement with Timedrop. If a separate written agreement applies, that agreement will control to the extent of any conflict with these Terms, including with respect to fees, credits, access, user permissions, content rights, confidentiality, data use, promotional rights, and termination.
3.3 Free Accounts
Free accounts provide limited access to Timedrop’s Services and functionality. Free users may only upload or submit videos that they personally recorded or played a material role in recording (for example, filming a swim for a family member, athlete, or team with permission). Free accounts may not access certain premium features, including but not limited to advanced analytics, historical comparisons, downloadable data, or analysis credits, unless otherwise explicitly stated.
3.4 Fees, Taxes, and Changes
You agree to pay all applicable subscription fees, usage-based fees, and any associated taxes for the duration of your subscription term and any renewal periods. Timedrop’s fees may include: a fixed monthly or annual subscription fee; variable fees tied to usage, such as analysis credits, add-ons, or feature expansions; and fees for optional services, upgrades, Enterprise services, or other offerings. Timedrop reserves the right to adjust fees, pricing structures, or plan inclusions from time to time. Where required by law or commercially reasonable, we will attempt to provide advance notice of material pricing changes prior to your next billing cycle. If you do not wish to accept a pricing change, you may cancel your subscription in accordance with these Terms.
3.5 Payment Methods and Authorization
By subscribing, you authorize Timedrop (or our payment processors) to charge your designated payment method for all applicable fees. If your primary payment method fails, you authorize charges to any other payment method saved to your account (if available), or you authorize Timedrop to retry the same payment method in accordance with standard billing and retry practices. You may revoke authorization for a specific payment method at any time by removing it from your account settings. You agree not to initiate unwarranted chargebacks or payment disputes for charges made in accordance with these Terms.
3.6 Where You Purchased Controls Billing and Refunds
Your billing and refund process depends on where you subscribed. A. Purchases through Apple App Store or Google Play: If you subscribe or purchase features through Apple or Google, those platforms process payment and manage refunds. You must manage cancellations and refund requests directly through the applicable app store, subject to that platform’s policies. Timedrop does not control and does not guarantee refunds for app store purchases. B. Purchases through Timedrop (web or other direct checkout, if offered): If you purchase directly from Timedrop through a web checkout or other direct payment flow, Timedrop processes payment (through a third-party processor) and handles refunds as described in Section 3.10 below. If a conflict exists between these Terms and mandatory local law regarding refunds or cancellation rights, applicable law will control.
3.7 Automatic Renewal
To the extent permitted by law, Self-Serve subscription plans automatically renew at the end of each subscription period unless canceled at least one (1) day before the renewal date shown in your billing settings. Monthly subscriptions renew on a recurring monthly basis. Annual subscriptions renew for successive one-year terms. Fees are charged at the beginning of each renewal period.
3.8 How to Cancel
You may cancel your subscription at any time. If you subscribed through the Apple App Store or Google Play, you must cancel through the applicable platform’s subscription settings. If you subscribed directly through Timedrop, you may cancel through your account billing settings or any cancellation method provided within the Services. Cancellation prevents future renewals. Unless required by law, cancellation does not entitle you to a refund for unused time or unused subscription benefits. Your access continues until the end of the current paid billing period unless otherwise stated in your plan. Timedrop reserves the right to decline renewals or suspend service as permitted by these Terms.
3.9 Free Trials and Promotional Discounts
Timedrop may, at its discretion, offer free trials, introductory pricing, or promotional discounts. Unless canceled before the end of a free trial period, your subscription will automatically convert to a paid subscription at the then-current rate, and your payment method will be charged accordingly. Discounts may apply only to the initial subscription period. Upon renewal, the subscription will renew at the full, undiscounted rate unless otherwise specified in writing.
3.10 Refund Policy for Direct Timedrop Purchases
Subject to applicable law, Self-Serve subscribers who purchase plans directly from Timedrop may request a refund of their initial subscription purchase within 14 days of purchasing an annual plan or 3 days of purchasing a monthly plan, or as otherwise required by applicable law, whichever provides greater rights. Refunds are not available for in-app purchases made through third-party platforms with their own refund policies; charges incurred immediately after a free trial period ends; subscription renewals or plan migrations; requests made outside the applicable refund window; abuse of the refund policy (for example, repeated sign-ups followed by repeated refund requests); accounts terminated for violations of these Terms; accounts that initiated a chargeback dispute; or Enterprise plan customers, whose refund terms (if any) are governed by their Enterprise agreement.
3.11 Payment Failure, Past Due Status, and Good Standing
If a payment fails or your account becomes past due, Timedrop may, at its discretion, retry the charge using your authorized payment method(s); suspend access to subscription features; downgrade the account to a free plan; restrict analysis submissions until payment is received; or terminate the subscription after reasonable attempts to collect payment. An account is considered in good standing when it is current on all payment obligations, is not in a chargeback dispute, and is not suspended or restricted due to violations of these Terms.
3.12 Analysis Credits, Rollover, and Forfeiture
Certain Timedrop plans include or allow access to analysis credits that may be used to request video analysis and related Services. Analysis credits may be obtained through a subscription, through one-time purchases (including credit packs or a la carte credits), or through an Enterprise plan allocation.
3.12.1 Credit Categories
Timedrop analysis credits fall into the following categories: Subscription-Issued Credits issued as part of an active subscription plan; Purchased Credits acquired through one-time purchases; and Enterprise-Issued Credits allocated through an Enterprise agreement. Credits are non-transferable, have no cash value, and may only be used within Timedrop.
3.12.2 Credit Issuance and Rollover
Subscription-issued credits are added at the beginning of each billing period. If your plan includes rollover, unused credits may roll over while your subscription remains active and in good standing. Purchased and Enterprise-issued credits are added at the time of purchase or allocation and are not dependent on an active subscription unless otherwise stated. Timedrop may impose reasonable limits on rollover, which will be disclosed in-product or in plan documentation.
3.12.3 Cancellation and Forfeiture of Subscription-Issued Credits
If a subscription is canceled, expires, or terminates, all unused subscription-issued credits are immediately forfeited, including current and rolled-over credits. This applies regardless of when the credits were issued.
3.12.4 Treatment of Purchased and Enterprise Credits
Cancellation of a subscription does not affect purchased credits or Enterprise-issued credits, which remain available subject to their applicable terms.
3.12.5 Downgrades, Suspensions, and Termination
Subscription-issued credits may be forfeited upon downgrade to a plan without credits or upon account suspension or termination. Purchased and Enterprise-issued credits are governed by their applicable terms.
3.12.6 Order of Credit Usage
Timedrop may apply credits in an order determined by the system, typically prioritizing Purchased Credits and Enterprise-Issued Credits before Subscription-Issued Credits. Timedrop may adjust usage order to support system performance, fairness, fraud prevention, or service quality.
3.12.7 No Guarantee of Eligibility or Completion
Use of an analysis credit does not guarantee that a submitted video will be eligible for analysis, that analysis will be completed, or that it will be delivered within any specific timeframe. Credits applied to ineligible or unsuitable submissions may be refunded or forfeited at Timedrop’s discretion, based on applicable submission standards and operational guidelines.
Timedrop reserves the right to reject, remove, or decline to process any User Content at its discretion, including where content does not meet quality, visibility or eligibility standards required for analysis.
User Content submitted for analysis must be relevant to swimming or athletic performance as intended by the Services and must meet Timedrop’s quality and visibility standards.
Use of analysis credit does not guarantee that a submission will be eligible for analysis, and credits applied to ineligible submissions may be forfeited or refunded at Timedrop’s discretion.
3.13 Resale and Transfer Restrictions
You may not sell, resell, sublicense, rent, lease, or otherwise distribute any Timedrop subscription, plan, analysis credits, or Services without Timedrop’s prior written authorization. Timedrop may suspend or terminate accounts obtained through unauthorized resale, non-payment to authorized resellers, or violations of these Terms.
4. Links
You may link to our Services, provided you do so in a way that is fair, legal, and does not damage our reputation, exploit our content or Services, or imply any form of association, approval, or endorsement by Timedrop without our express written consent. If the Services contain links to third-party websites or resources, those links are provided for convenience only. Timedrop does not endorse and is not responsible for the content, availability, or practices of any third-party websites or resources, and has no control over them. Accessing such third-party websites or resources is done at your own risk and subject to their respective terms and conditions.
5. Billing
Payment obligations, subscription terms, refunds, and cancellation policies are governed by Section 3 of these Terms. By subscribing to Timedrop, you agree to pay all applicable fees and charges associated with your selected plan. Subscription fees are billed in advance and will automatically renew unless canceled in accordance with Section 3. Timedrop may update pricing from time to time, with changes taking effect at the start of the next billing cycle. If payment cannot be completed, Timedrop may restrict or suspend access to the Services. Refund eligibility, where applicable, is governed by Section 3 and may vary depending on the platform through which the purchase was made.
6. Auto-Renewal
Subscription billing and renewal terms are governed by Section 3 of these Terms. By subscribing, you acknowledge that your subscription will automatically renew unless canceled in accordance with Section 3.
7. Cancellation of Subscription
Subscription cancellation and related terms are governed by Section 3 of these Terms. You may cancel your subscription in accordance with the applicable provisions outlined in that section.
8. Free Trials
Free trial and promotional offer terms are governed by Section 3 of these Terms. By starting a free trial, you acknowledge that your subscription may automatically convert to a paid subscription unless canceled in accordance with Section 3.
9. Your Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not: access or use the Services if you are not legally able to agree to these Terms or are not authorized to use the Services by your parent or legal guardian; access or use another user’s content or information without that user’s permission; copy, modify, adapt, translate, reverse engineer, decompile, or create derivative works of the Services or any related content, including attempting to extract source code, algorithms, or underlying methods; distribute, license, sell, or otherwise transfer any portion of the Services; use the Services for unauthorized commercial purposes, including advertising, solicitation, or spam; use the Services in any unlawful, fraudulent, misleading, defamatory, obscene, abusive, harassing, hateful, or otherwise harmful manner; interfere with, disrupt, or degrade the performance of the Services or the experience of other users; attempt to bypass, disable, or interfere with any security, access controls, or system limitations; use automated scripts, bots, or scraping tools to collect or interact with the Services; impersonate any person or entity or misrepresent your identity or affiliation; upload or distribute malicious code, including viruses, worms, or harmful software; use the Services in a way that harms or exploits minors; request, collect, or misuse personal information of other users; upload or distribute unauthorized advertising, spam, or promotional materials; upload content that infringes any intellectual property, privacy, or other rights of any third party; upload content that is threatening, abusive, inflammatory, or intended to harass or harm others; use the Services in a manner intended to manipulate, exploit, or abuse system functionality, including submission, analysis, or credit usage processes; or engage in any activity that Timedrop determines may harm the Services, its users, or its operations. In addition to the above, your use of the Services must comply with our Community Guidelines.
You must submit accurate information identifying the swimmer associated with any video or analysis request. You may not submit videos for analysis under false, misleading, or incorrect identity information.
Timedrop reserves the right to reject, invalidate, or remove analysis results, data, or credits where a submission is determined to be inaccurate, misleading, or not associated with the identified swimmer.
You may not access, use, extract, export, reproduce, or distribute any data, analysis, insights, or outputs from the Services for the purpose of building, training, or improving any competing product, model, or service.
You may not scrape, crawl, copy, or systematically collect data or outputs from the Services by automated or manual means without Timedrop’s prior written consent.
You may not resell, sublicense, distribute, or commercially exploit any analysis, insights, or outputs generated by the Services, except as expressly permitted by Timedrop.
You may not use the Services or its outputs in a manner intended to replicate, reverse engineer, or derive the underlying models, methodologies, or systems used by Timedrop.
Violations of these Terms may result in suspension or termination of your account. Timedrop reserves the right to investigate suspected violations, take appropriate action, and cooperate with law enforcement where applicable. Timedrop may remove or restrict access to content or accounts at any time if it determines such content or activity violates these Terms or poses a risk to the Services or its users. If you believe another user has violated these Terms, you may report it to support@timedrop.com.
10. User Content
The Services may allow users to upload, submit, or otherwise make available content, including videos, images, data, annotations, and related materials (“User Content”), including recordings of swim events, training sessions, or other athletic activities.
User Content is treated as non-confidential to the extent necessary to operate and provide the Services. You agree that you will not submit any User Content that you consider confidential or proprietary.
You retain ownership of your User Content. However, by submitting User Content to the Services, you grant Timedrop a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to host, store, use, reproduce, modify, adapt, publish, distribute, and display such User Content as reasonably necessary to operate, provide, secure, support, and improve the Services, including for product development, analytics, and internal use. Any use of your User Content, or of an identifiable individual appearing in it (including any minor), for marketing, advertising, or promotional purposes is addressed separately in Section 12.
You acknowledge and agree that your User Content may be edited, altered, combined with other content, or used in any format or media now known or later developed.
To the maximum extent permitted by applicable law, and only as reasonably necessary for Timedrop to operate and provide the Services, you waive any rights of privacy, publicity, or similar rights in connection with your User Content. Nothing in this Section waives any right that cannot be waived under applicable law, and no waiver of a minor’s rights of privacy or publicity is effective except to the extent permitted by law and made by the minor’s parent or legal guardian. Any use of your User Content for marketing or promotional purposes is governed by Section 12.
You represent and warrant that you have all rights, permissions, consents, authority or lawful basis necessary to upload and use the User Content, including, where applicable, permissions from any individuals appearing in the content, including minors, and any required permissions from parents, guardians, teams, coaches, event organizers, or other rights holders.
You are solely responsible for your User Content and for ensuring that it does not violate any law or the rights of any third party.
You may not upload or submit content that you do not have the right to use, including professional broadcasts, copyrighted competition footage, or content owned by third parties, unless you have obtained all necessary permissions. Timedrop reserves the right to remove or restrict content that appears to be sourced from professional broadcasts, media organizations or other third-party owned footage.
Timedrop may, but is not obligated to, review, monitor, remove, or restrict access to any User Content at its discretion.
Timedrop does not guarantee the confidentiality, accuracy, integrity, or availability of User Content and is not responsible for any loss, damage, or liability arising from User Content.
You acknowledge and agree that Timedrop generates performance metrics, analysis, models, scores, rankings, and other insights based on User Content, publicly available data, and system inputs. These outputs are created by Timedrop and are part of the Services.
Timedrop owns all right, title, and interest in and to such outputs, including all underlying models, methodologies, and derived data, regardless of whether they are associated with your User Content.
You acknowledge that User Content may include multiple individuals, including individuals who are not users of the Services. You agree that such content may be processed, analyzed, and used by Timedrop in accordance with these Terms, including generating performance-related data and insights.
If you believe any User Content infringes your rights, you may contact us at support@timedrop.com. Timedrop will take action as required under applicable law.
11. User Content Standards
Users must comply with these content standards at all times when using the Services. All User Content must comply with applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content may not: contain material that is defamatory, obscene, abusive, harassing, threatening, violent, hateful, discriminatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; infringe any intellectual property rights, including patents, trademarks, trade secrets, copyrights, or other proprietary rights; violate the legal rights of any person, including rights of privacy or publicity, or create civil or criminal liability under applicable law; be false, misleading, or deceptive; promote, facilitate, or encourage illegal activity; impersonate any person or entity or misrepresent identity or affiliation; include unauthorized advertising, solicitations, spam, or promotional materials; involve commercial activities such as contests, sweepstakes, or giveaways without our prior written consent; introduce malicious or technologically harmful material, including viruses, worms, trojans, or other harmful code; exploit or harm minors in any way; attempt to collect, harvest, or misuse personal information of other users; interfere with or disrupt the integrity or performance of the Services; be unrelated to swimming, athletic performance, or the intended use of the Services, including submission of non-relevant or unrelated content; or otherwise violate these Terms or expose Timedrop, its users, or third parties to harm or liability. Timedrop reserves the right, in its sole discretion, to determine whether any User Content violates these standards.
Timedrop may, at any time and without prior notice, review, monitor, remove, restrict, disable access to, or delete any User Content that it determines violates these Terms or is otherwise objectionable, harmful, or inconsistent with the purpose of the Services. Repeated violations of these standards, including repeated submission of unrelated or non-compliant content, may result in suspension or permanent termination of your account, without refund, except where required by applicable law.
Timedrop takes claims of copyright infringement seriously. If you believe that any User Content infringes your rights, you may contact us at support@timedrop.com. We will respond to valid notices of alleged infringement in accordance with applicable law and may remove or disable access to infringing content.
The Services may include communication features that allow interaction with other users or third parties. You agree to use these features in compliance with these Terms and applicable law. Communications made through the Services may not be private or confidential depending on your settings. Timedrop does not endorse any user communications and may monitor, review, store, or disclose communications as permitted by law and as necessary to protect the Services or its users. You agree that electronic communications from Timedrop satisfy any legal requirement that such communications be in writing.
12. Timedrop Content
Timedrop may create, develop, and produce original media and content, including but not limited to photographs, videos, audio recordings, graphics, and other materials (“Timedrop Content”). By using the Services, you grant Timedrop a worldwide, royalty-free right and license to capture, use, process, reproduce, distribute, display, and publish your name, image, likeness, voice, and performance, as well as those of your child(ren), solely as reasonably necessary to operate and provide the Services and to create Timedrop Content for operational, training, and internal purposes, whether captured above or under water. Timedrop may also use your name, image, likeness, voice, or performance, or those of your child(ren), for marketing, advertising, or promotional purposes. Where applicable law requires consent for such promotional use, Timedrop will obtain the separate, prior, and revocable opt-in consent of you or, for a minor, the minor's parent or legal guardian, before that use; where consent is not required by applicable law, no separate consent is required. Where consent has been given, you may withdraw it at any time by contacting support@timedrop.com, and Timedrop will stop further promotional use within a reasonable time, except for materials already in circulation.
Timedrop may incorporate User Content into Timedrop Content and may use, reproduce, modify, distribute, display, broadcast, or otherwise exploit such content in any format or media now known or later developed to operate, improve, and develop the Services, without compensation to you. Any marketing or promotional use of an identifiable individual remains subject to the promotional use terms described above.
You grant Timedrop the right to use and publish swimming-related information, including athlete names, statistics, times, team affiliations, and performance data, in connection with the Services, team materials, printed materials, and media coverage of competitions, including distribution to third parties such as news organizations, consistent with the customary publication of competition results in the sport of swimming. Use of an identifiable athlete’s image for promotional purposes remains subject to the promotional use terms described above in this Section. You acknowledge and agree that no compensation will be provided for such use.
Timedrop owns all right, title, and interest in and to the Services and all Timedrop Content, including all intellectual property rights therein, including but not limited to software, designs, images, graphics, logos, and brand elements. Except as expressly permitted, you may not use, reproduce, or distribute Timedrop Content without our prior written consent. You may use Timedrop’s name and logo solely to identify your use of the Services or in connection with team participation, provided such use does not imply endorsement or affiliation beyond your actual use of the Services.
13. Public Content
The Services include features through which certain information is visible to other users as part of the core functionality of the platform. This may include athlete names, team or club affiliations, events, times, rankings, ages, and performance data. Timedrop also enables users to share content through shareable links or other sharing tools.
You acknowledge and agree that much of this information, including athlete names, team affiliations, events, times, rankings, and ages, is commonly available through publicly accessible sources within the sport of swimming, including but not limited to meet results, heat sheets, psych sheets, and other swimming-related databases and publications. Timedrop aggregates, organizes, and presents this information as part of the Services.
You further acknowledge and agree that certain information associated with your account or User Content may be visible to other users of the Services as part of normal platform operation. Content shared through shareable links may be accessed, viewed, and further shared by anyone who has access to the link, and Timedrop is not responsible for any third-party use or distribution of such content once it has been shared.
Timedrop does not publicly display sensitive personal information such as minors’ birthdays or USA Swimming ID numbers within the Services. However, you understand and accept that athlete-related performance data and related information are inherent to the Services and may be visible to other users.
Timedrop does not guarantee the accuracy, completeness, or reliability of user-submitted information or User Content. Users are solely responsible for the accuracy of the information they submit. Timedrop reserves the right to remove, restrict, or modify access to any content that violates these Terms or applicable law, or that it determines is inconsistent with the purpose or integrity of the Services.
14. Intellectual Property Rights of Users
We respect intellectual property rights and expect you to do the same. You retain ownership of any User Content you upload to the Services. However, by submitting User Content, you grant Timedrop the rights described in these Terms, including the perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, distribute, display, and otherwise exploit such User Content as set forth in Section 10.
You represent and warrant that you have all necessary rights, permissions, and authority to upload and use User Content and that such content does not infringe the intellectual property or other rights of any third party. Timedrop may remove or disable access to any content that it reasonably believes infringes the rights of others and may suspend or terminate accounts associated with repeated infringement or other violations of these Terms.
All content, software, technology, designs, data, text, graphics, images, videos, audio, logos, trademarks, and other materials made available through the Services, excluding User Content (“Timedrop Content”), are owned by or licensed to Timedrop and are protected by applicable intellectual property laws. Except as expressly permitted by these Terms, you may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Timedrop Content without our prior written consent.
Subject to your compliance with these Terms, Timedrop grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Timedrop Content solely for their intended purpose. This license may be revoked at any time if you violate these Terms or use the Services in a manner inconsistent with their intended use.
15. Beta Features
Timedrop may make certain features or functionality available as part of a beta release, early access program, or similar offering (“Beta Features”). Beta Features are provided on an “as is” and “as available” basis, may be incomplete, and may contain errors, defects, or other issues.
Timedrop is not obligated to provide support, maintenance, updates, or continued availability for any Beta Features. Beta Features may be modified, suspended, restricted, or discontinued at any time, in whole or in part, without notice or liability.
Your use of Beta Features is at your own risk. Timedrop makes no representations or warranties of any kind, express or implied, regarding Beta Features, including any warranties of accuracy, reliability, performance, or fitness for a particular purpose.
Any feedback, suggestions, or ideas you provide regarding Beta Features may be used by Timedrop without restriction or compensation to you.
16. Clubs
Timedrop may allow users to create, manage, and administer swim clubs within the Services. Timedrop may, in its sole discretion, verify clubs and assign badges or other designations based on criteria determined by Timedrop. Timedrop is not obligated to verify any club or maintain any club feature, and may modify, suspend, or discontinue club functionality at any time.
Timedrop reserves the right, at any time and in its sole discretion, to remove or modify any club, revoke or transfer ownership, remove content, remove verification status or badges, or take any other action it deems necessary to protect the Services or its users. Requests for transfer of club ownership may require verification or documentation as determined by Timedrop.
If you create or administer a club, you are solely responsible for all content, activity, and management of that club. You agree that your club will: comply with these Terms and all applicable policies; not impersonate, misrepresent, or suggest affiliation with Timedrop; have all necessary rights and permissions for any content, names, logos, images, or materials used; and not be used for unauthorized commercial activity, advertising, or promotions without Timedrop’s prior written consent.
Timedrop may remove or restrict any club or club-related content that it determines violates these Terms or is otherwise inappropriate, misleading, or harmful.
You agree to defend, indemnify, and hold harmless Timedrop and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or related to your club, including any content posted, rights violations, or misuse of the Services.
17. Indemnity
You agree to defend, indemnify, and hold harmless Timedrop, its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, and advisors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: your use of the Services; your User Content; your violation of these Terms or any applicable law or regulation; your infringement or misappropriation of any intellectual property, privacy, publicity, or other rights of any third party; any content or activity associated with your account, including any clubs you create or administer; or any misuse of the Services by you or any person using your account.
18. Exclusions
Nothing in these Terms limits or excludes any rights that cannot be limited or excluded under applicable law. The Services are provided on an “as is” and “as available” basis, and Timedrop makes no representations or warranties of any kind, express or implied, regarding the Services. To the fullest extent permitted by law, Timedrop disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, Timedrop does not warrant that: the Services will meet your requirements or expectations; the Services will be uninterrupted, timely, secure, or error-free; any data, analysis, or information provided through the Services will be accurate, complete, or reliable; or any defects or errors in the Services will be corrected.
Timedrop does not guarantee any specific results, outcomes, or performance improvements from the use of the Services, including any analysis, insights, or recommendations provided.
Timedrop may modify, suspend, restrict, or discontinue all or any part of the Services at any time for business or operational reasons, without notice or liability.
19. Limitation of Liability
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
To the fullest extent permitted by law, Timedrop shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, goodwill, or opportunities, arising out of or related to your use of or inability to use the Services.
Timedrop does not guarantee any specific results, outcomes, or performance improvements from the use of the Services, including any analysis, data, insights, or recommendations provided. Any reliance on the Services is at your own risk.
To the fullest extent permitted by law, Timedrop’s total cumulative liability to you for any and all claims arising out of or related to the Services shall not exceed the total amount you have paid to Timedrop in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100), whichever is greater.
Without limiting the foregoing, Timedrop shall not be liable for any loss or damage arising out of or related to: your reliance on any data, analysis, or content provided through the Services; any changes to, suspension of, or discontinuation of the Services; any unauthorized access to or use of your account; any failure to store, loss, or corruption of User Content or data; your failure to maintain accurate account information; your failure to secure your account credentials; or any interaction or transaction between you and any third party.
You are responsible for any mobile, data, or network charges incurred in connection with your use of the Services.
To the fullest extent permitted by law, any dispute you have with any third party arising out of or related to your use of the Services is solely between you and that third party, and you release Timedrop and its affiliates from any and all claims, demands, and damages arising out of or related to such disputes.
These limitations apply regardless of the legal theory under which the claim arises and even if Timedrop has been advised of the possibility of such damages.
20. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute, claim, or controversy arises out of or relates to these Terms, the Services, or the relationship between you and Timedrop, the parties agree to first attempt to resolve the matter informally and in good faith. The party raising the dispute must provide written notice describing the nature of the dispute and the relief requested. The parties shall then have sixty (60) days from receipt of that notice to attempt to resolve the matter informally before either party may initiate arbitration or, where permitted under these Terms, file in court. The running of any applicable statute of limitations shall be tolled during this informal dispute resolution period.
Except for claims that qualify for small claims court, claims seeking injunctive or equitable relief relating to intellectual property or unauthorized access to the Services, or claims that by law cannot be subject to arbitration, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Timedrop shall be resolved exclusively by final and binding arbitration on an individual basis.
Arbitration shall be administered by National Arbitration and Mediation (“NAM”) in accordance with its applicable rules in effect at the time the claim is filed, except as modified by these Terms. The arbitration shall be conducted before a single arbitrator. To the extent permitted by applicable law, the arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of this provision is void or voidable.
Arbitration shall take place by videoconference, telephonically, through written submissions, or in another reasonably convenient manner determined by the arbitrator, unless the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is required, it shall take place in Tennessee unless otherwise required by law or agreed by the parties. The arbitrator may award the same individual remedies available in court, but only to the extent necessary to satisfy the individual claim before the arbitrator. The arbitrator may not award relief for or against anyone who is not a party to the arbitration.
You and Timedrop agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, collective, representative, or private attorney general action. To the fullest extent permitted by law, you and Timedrop waive any right to bring or participate in any class action, class arbitration, collective action, representative action, or private attorney general proceeding. Unless both you and Timedrop agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
If twenty-five (25) or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within a ninety (90) day period, Timedrop may elect to require that those claims be administered in coordinated batches by NAM, in batches of up to fifty (50) claimants each, or such other grouping as NAM determines is appropriate. The arbitrator shall resolve one batch at a time, and no other batch may be filed, processed, or adjudicated until the prior batch is resolved, unless otherwise agreed by the parties or required by NAM. If any part of this batching procedure is determined to be unenforceable as to a particular claimant or batch, that portion shall be severed and the remainder of this dispute resolution provision shall remain in effect to the fullest extent permitted by law.
If for any reason a dispute proceeds in court rather than arbitration, you and Timedrop agree that such dispute shall be brought exclusively in the state or federal courts located in Tennessee, and you consent to the personal jurisdiction and venue of those courts. To the fullest extent permitted by law, you and Timedrop waive any right to a jury trial in any action or proceeding permitted to proceed in court.
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be governed by the laws of the State of Tennessee, without regard to its conflict of law principles. To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arose, or such claim shall be permanently barred.
Any settlement discussions, mediation communications, arbitration filings, arbitration hearings, and arbitration awards shall be confidential to the fullest extent permitted by law, except as necessary to enforce an award, comply with legal obligations, or pursue or defend a claim. Timedrop may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights, confidential information, security protections, or platform integrity, and such claims shall not be subject to the informal dispute resolution or arbitration requirements above except to the extent required by law.
To the extent permitted by applicable law, the following supplemental terms apply when accessing or downloading the Services through specific platforms. APPLE. If you access the Services through Apple’s App Store, you acknowledge that these Terms are between you and Timedrop only, and not with Apple. Apple is not responsible for the Services or their content and has no obligation to provide maintenance or support services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, paid for the application; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including product liability claims, claims that the Services fail to conform to applicable legal or regulatory requirements, or claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Services or your possession or use of the Services infringe that third party’s intellectual property rights. You represent and warrant that you are not located in a country subject to a U.S. government embargo and are not listed on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as a third-party beneficiary. Your use of the Services must also comply with Apple’s applicable App Store terms and usage rules. GOOGLE. If you access the Services through Google Play, you acknowledge that Google is not responsible for providing support or maintenance for the Services. To the extent of any conflict between these Terms and the Google Play terms that apply to your use of the Services, the Google Play terms shall control solely as to the conflict. Google shall have no responsibility or liability related to compliance or non-compliance by Timedrop or you under these Terms. AMAZON. If you access the Services through the Amazon Appstore, you acknowledge that to the extent of any conflict between these Terms and the Amazon Appstore terms applicable to your use of the Services, the Amazon Appstore terms shall control solely as to that conflict, and Amazon shall have no responsibility or liability related to compliance or non-compliance by Timedrop or you under these Terms. MICROSOFT. If you access the Services through a Microsoft platform or store, you acknowledge that Microsoft and related device manufacturers and network operators have no obligation to provide maintenance or support services for the Services, except as may be required under their applicable terms.
If any portion of this Section 20 is found to be unlawful, void, or unenforceable, that portion shall be severed and the remainder shall remain in full force and effect, except that if the class action waiver is found unenforceable with respect to a particular claim and all appeals have been exhausted, then that claim shall proceed in a court of competent jurisdiction rather than in arbitration.
21. Disclaimers of Warranties and Liability
You expressly acknowledge and agree that Timedrop does not provide medical, psychological, or mental health advice, diagnosis, or treatment through the Services. The content and materials made available through the Services, including any text, photographs, images, illustrations, graphics, audio, video, analysis, recommendations, training-related content, motivational content, or other materials provided by Timedrop, other users, or third parties, are provided for informational and general support purposes only and are not intended to replace the advice of your physician, therapist, psychologist, psychiatrist, or other qualified healthcare or mental health professional.
This Section supplements, and does not limit, the warranty disclaimers in Section 18 and the limitations of liability in Section 19. To the extent of any conflict among these Sections, the provision that is most protective of the Released Parties applies, to the fullest extent permitted by applicable law.
You should always seek the advice of a qualified medical or mental health professional with any questions you may have regarding a medical condition, injury, mental health concern, emotional state, treatment, or the suitability of any activity or recommendation. You should never disregard professional medical or mental health advice or delay in seeking it because of anything you have seen, read, heard, or accessed through the Services. If you believe that you or your athlete may have a medical or mental health condition, you should promptly contact a qualified professional. If you are experiencing a medical or mental health emergency, including thoughts of self-harm, you should call 911 immediately if you are in the United States or Canada, or contact the appropriate emergency services provider or crisis hotline in your location.
Use of the Services does not create any doctor-patient, therapist-patient, coach-patient, or other healthcare or mental health professional relationship between you and Timedrop.
You expressly acknowledge and agree that participation in athletic activities, including swimming, training, stretching, strength work, competition, and related physical activities, involves inherent and significant risks, including the risk of property damage, bodily injury, illness, disability, or death. You voluntarily and knowingly assume all risks, known and unknown, associated with such activities and with any reliance on the Services in connection with such activities.
Timedrop does not inspect, supervise, control, prepare, conduct, or assume responsibility for any meet, race, practice, contest, challenge, competition, workout, training session, or group activity that uses or references the Services, including any activity organized by a club administrator, coach, parent, athlete, or other third party.
To the fullest extent permitted by law, you agree to release, waive, and hold harmless Timedrop, its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners, licensors, and service providers (the “Released Parties”) from and against any and all claims, demands, actions, injuries, damages, losses, liabilities, costs, and expenses arising out of or related to your use of the Services, your participation or your athlete’s participation in athletic activities, your reliance on any content, analysis, data, recommendations, or training-related or motivational content made available through the Services, or any interaction with third parties through the Services.
You further agree, to the fullest extent permitted by law, not to bring any claim against the Released Parties for any injury, damage, or loss arising out of or related to the use of the Services or participation in athletic activities. In no event shall the Released Parties be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in any way connected with the Services, athletic activities, or any content, products, services, or information obtained through the Services, whether based in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.
22. Other Terms
These Terms constitute the entire agreement between you and Timedrop regarding the Services and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the Services.
Timedrop may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
If Timedrop fails to enforce any provision of these Terms, such failure shall not be deemed a waiver of our right to enforce that provision or any other provision at a later time.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the Terms and the remaining provisions shall remain in full force and effect.
The Services may not be secure or free from bugs, viruses, or other harmful components. You are responsible for implementing appropriate safeguards, including the use of virus protection software where applicable.
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Services receive the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at https://www.dca.ca.gov/about_us/contactus.shtml.
California Minors. Users of the Services who are California residents under 18 years of age may request removal of User Content they have posted by contacting support@timedrop.com. Requests must include “California Removal Request” in the subject line and provide sufficient information for Timedrop to identify and locate the content. Timedrop may not be able to process requests that are incomplete or improperly submitted.
23. Contact Us
If you provide feedback, suggestions, ideas, or other input regarding the Services (“Feedback”), you agree that Timedrop may use such Feedback without restriction or compensation to you. By providing Feedback, you grant Timedrop a worldwide, non-exclusive, transferable, assignable, sublicensable, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, create derivative works from, publicly display, and otherwise exploit such Feedback for any purpose, including developing, improving, and commercializing products and services. Accordingly, you should not submit any Feedback that you do not wish to be used in this manner.
If you have any questions, concerns, or inquiries regarding these Terms or the Services, you may contact us at support@timedrop.com.