Effective Date: July 23, 2026
Company: Intrit LLC (Hawaii, USA)
App: Open Water Swim (iOS and watchOS)
Welcome to Open Water Swim. These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Intrit LLC ("we," "us," or "our"), concerning your access to and use of the Open Water Swim mobile application and Apple Watch app (collectively, the "App").
By accessing or using the App, you agree that you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1. Assumption of Risk and Physical Safety (IMPORTANT)
Open water swimming is an inherently dangerous activity. By using this App, you acknowledge and agree that:
- No Safety Guarantee: The App is a fitness tracking and community tool. It is NOT a life-saving device, a navigation tool, or a substitute for professional safety equipment or lifeguards.
- Assumption of Risk: You are solely responsible for your own health and safety. You assume all physical risks associated with open water swimming, including but not limited to drowning, currents, weather conditions, marine life, and injury.
- Medical Disclaimer: We are not medical professionals. The health and fitness data provided by the App (such as heart rate or calories burned) is for informational purposes only and should not be used as a substitute for professional medical advice, diagnosis, or treatment.
Always consult with a physician before beginning any new exercise program.
2. User Accounts and Eligibility
To use certain features (like saving swims or connecting with friends), you may need to create an account. You agree to provide accurate and complete information and to keep this information updated.
Age Requirements: You must be at least 13 years of age to use the App. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. User-Generated Content and Social Features
The App allows you to track swim routes, join groups, and share your activity with friends. By sharing this data, you grant Intrit LLC a non-exclusive, royalty-free, worldwide license to host, store, and display this content within the App for the purpose of operating the Service.
You agree NOT to use the App to:
- Harass, abuse, or threaten other users.
- Post false, misleading, or offensive content.
- Upload viruses, malicious code, or attempt to hack the App's infrastructure.
We reserve the right to remove any content or ban any user account at our sole discretion, without prior notice, if we believe you have violated these Terms.
4. Intellectual Property Rights
Unless otherwise indicated, the App is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the "Content") and the trademarks, service marks, and logos contained therein are owned or controlled by Intrit LLC and are protected by copyright and trademark laws.
5. Apple App Store Terms (EULA)
If you downloaded the App from the Apple App Store, the following terms apply:
- Acknowledgment: These Terms are concluded between you and Intrit LLC only, not with Apple. Intrit LLC, not Apple, is solely responsible for the App and its content.
- Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you; Apple has no other warranty obligation whatsoever.
- Product Claims: Apple is not responsible for addressing any claims by you or any third party relating to the App.
- Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and Apple will have the right to enforce these Terms against you.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL INTRIT LLC, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us for the App during the six (6) month period prior to any cause of action arising.
7. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of: (1) your use of the App; (2) breach of these Terms; or (3) your violation of the rights of a third party.
8. Governing Law
These Terms shall be governed by and defined following the laws of the State of Hawaii, United States, without regard to its conflict of law principles. You irrevocably consent that the courts of Hawaii shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
9. Modifications to the App and Terms
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. We also reserve the right to modify these Terms at any time. We will alert you about any changes by updating the "Effective Date" of these Terms.
10. Contact Us
In order to resolve a complaint regarding the App or to receive further information regarding the use of the App, please contact us at:
Intrit LLC
Email: support@openwaterswim.app
Location: Hawaii, USA
