TERMS OF SERVICE
Swimming Analysis — operated by Swimlytics Dijital Spor Teknolojileri Limited Şirketi
Last Updated: 14 October 2026 Version: 1.0
TABLE OF CONTENTS
- Acceptance of Terms
- Who We Are
- Right of Withdrawal
- Eligibility
- Description of Service
- Accounts
- Credits
- Video Submissions
- Analysis and Intellectual Property
- Team Features
- Prohibited Conduct
- Disclaimer of Warranties
- Limitation of Liability
- Account Termination
- Governing Law
- Dispute Resolution
- Changes to These Terms
- Miscellaneous
- Force Majeure
- Indemnification
- Definitions
1. ACCEPTANCE OF TERMS
By creating an account on swimminganalysis.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the platform.
If you are registering on behalf of a minor athlete, you confirm that you are that child's parent or legal guardian and that you accept these Terms on their behalf. If this confirmation is untrue, you are personally liable for the loss it causes and for claims under Section 20.
If you are registering on behalf of a team, club, or organization, you confirm that you have authority to bind that entity to these Terms.
In these Terms, "Swimming Analysis", "we", "us", and "our" refer to Swimlytics Dijital Spor Teknolojileri Limited Şirketi. Related policies: Refund Policy, Cookie Policy, and Privacy Policy.
By creating an account, you consent to receiving legal, billing, and service-related notices from us by email to your registered email address.
2. WHO WE ARE
Swimlytics Dijital Spor Teknolojileri Limited Şirketi Altıntepe Mah. İstasyon Yolu Sk. No: 3/1, Maltepe/İstanbul, Türkiye MERSIS No: 0781114070500001 Trade Registry No: 1097519 (İstanbul Trade Registry Office) Tax Office / No: Küçükyalı / 7811140705 Email: contact@swimminganalysis.com Phone: +90 532 673 17 13 KEP address: swimlytics@hs01.kep.tr Chamber of commerce: İstanbul Ticaret Odası (İTO), Registry No 1097519 Website: swimminganalysis.com
3. RIGHT OF WITHDRAWAL
Under Turkish Consumer Protection Law No. 6502, consumers who enter into distance contracts have a statutory right to withdraw from the contract within 14 days without giving any reason and without paying any penalty.
Scope of the right of withdrawal. The credits are added to your account immediately upon payment confirmation. An unused credit is a prepayment for an analysis not yet delivered; for the unused credits of a purchase, you may exercise your right of withdrawal within 14 days of payment as described below. A credit spent on the analysis of a race video, once that analysis has been delivered to you, is a delivered digital product: the analysis results, including the PDF export, remain with you, and the right of withdrawal cannot be exercised for that credit (Article 15(1) of the Turkish Distance Contracts Regulation, the Mesafeli Sözleşmeler Yönetmeliği). For consumers in the European Union, the same exception rests on Article 16(m) of the Consumer Rights Directive; the express consent it requires is obtained, for purchases in US dollars, through a separate checkbox at the payment step. For these consumers the statutory right of withdrawal ends once the first analysis has been delivered; the refund of unused credits described below continues to apply as our own commitment.
Refund of unused credits within 14 days (withdrawal). You may exercise your right of withdrawal within 14 days of payment by asking us to take back the credits from that purchase that you have not used. The refund is the amount you paid for that purchase less the credits you have used from it, each charged at the single-credit list price in force on the purchase date, in the currency you paid in; it can therefore be lower than the package price of the unused credits, and it may be zero. For this calculation, every purchased credit spent after the payment counts as used from that purchase, up to the number of credits it added; a race you have uploaded whose analysis has not yet been delivered is rejected before the refund, and its credit counts as unused. For a Team purchase, the single-credit list price is the per-credit price of the smallest Team package in force on the purchase date. The unused credits are removed from your balance when the refund is made. The refund covers only credits you purchased yourself; credits allocated to you by a team belong to the team's purchase. How to request it, and how a team purchase is handled, is set out in Section 2.1 of the Refund Policy.
This Section does not affect any mandatory consumer rights that cannot be excluded by law.
4. ELIGIBILITY
To use the platform you must:
- Be at least 18 years old and have the legal capacity to enter into a binding contract; or be a minor who turns 10 or older in the current calendar year whose parent or legal guardian, having that capacity, has created and manages your account and accepts these Terms on your behalf
- Not be prohibited from using the platform under applicable law
We may refuse service where we establish that the conditions in this Section are not met, or where applicable law requires it. Where we have reasonable grounds to doubt that an account meets these conditions, we may ask for evidence of the athlete's age or of your parental or guardianship authority, and may suspend access to the account until we receive it.
Processing of minors' data is governed by our Privacy Policy, including the parental-authority confirmation described therein.
5. DESCRIPTION OF SERVICE
Swimming Analysis is an informational platform that provides:
- Race video analysis: you upload a race video, provide race metadata, and our analysts review the video and generate performance metrics (split and segment times, segment velocities, stroke rate, distance per stroke, stroke index, underwater phase metrics, start and turn metrics, and other technical data). The analysis of an accepted video is delivered within 30 days of upload at the latest; in practice we aim to deliver within a few business days. A video that is rejected, or that is not analyzed within that period, is handled under Section 8.2.
- Performance tracking: dashboards, charts, and tables displaying your historical race metrics
- Benchmark tools: comparison of your metrics against reference times for world-class swimmers that we curate from public competitions and adjust by age group, and against our library of analyzed elite races, including automated insights such as identification of relative strengths and weaknesses. Benchmark comparison is available from the calendar year in which you turn 11.
- AI race reports: a narrative report, generated automatically by an artificial-intelligence model, that explains your race analysis in plain language. The model receives no name or contact details; it receives only age in whole years, gender, performance metrics, comparisons against your own previous races, and benchmark-derived scores; see Section 3.10 of our Privacy Policy for exactly what is and is not shared. We generate a report when the analysis is delivered, where your race is one our reports cover, and you may request a limited number of refreshes; the number in force is set by the platform and may change. We also regenerate the report whenever we correct the analysis (Section 12). A refresh is available only where your analysis or your profile has changed since the report was generated in a way that would change the report. If generation fails we retry it automatically a limited number of times, but a failed refresh still counts against your allowance. Every report is a snapshot of the analysis at the time it was generated. We may modify, suspend, or discontinue AI report generation on the same basis as any other change to the service (see "Changes to the service" below).
- Team features: Team Owners may create teams, invite coaches and athletes, manage sub-teams, and view team-level analytics.
Informational purpose. All analysis outputs, benchmark comparisons, automated insights, and AI-generated race reports (including any suggestions such as "work on your underwater phase") are provided for informational and educational purposes only. Providing these outputs does not create a coaching, healthcare or advisory relationship between us: we do not supervise your training, assess your health, or prescribe a training programme for you. You make your training and health decisions with your own coach and doctor. You are solely responsible for how you use, interpret, and act on the information provided.
What a credit buys. A credit buys one race analysis: the technical metrics listed under Race video analysis above, delivered in your account. Everything else on the platform, including performance tracking, benchmark tools, AI race reports, team features and any feature we add later, is a platform feature that we provide for as long as we offer it; it is not something a credit purchases.
Changes to the service. We may add, change, suspend or withdraw any platform feature, and may set or change reasonable limits on its use, where a change in law, a decision of a court or public authority, a security requirement, or a technical or operational necessity requires it, and also for any other reason; where the change is made for any other reason, we give at least 30 days' notice before the change takes effect, by an in-app announcement, and by email where we offer it. Because a credit does not buy a platform feature, such a change does not give rise to a refund. If we ever materially reduce the analysis itself, as described under "What a credit buys", we give the same notice, and for the credits in your balance on that date you may choose either to keep the previous scope of the analysis or to have the unused ones refunded at the price you paid for them, by asking within 30 days of the notice; frozen credits (Section 7.2) are covered once they are unfrozen. Permanent discontinuation of the whole platform is governed by Section 7.7.
6. ACCOUNTS
6.1 Registration
You must provide accurate, current, and complete information when creating your account. You are responsible for keeping your account information up to date.
Your email address must be verified before you can use the platform; accounts whose address is not verified within 7 days of registration are deleted.
6.2 Account Security
You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. Notify us immediately at support@swimminganalysis.com if you believe your account has been compromised.
6.3 One Account Per User
Each individual may maintain only one account. Creating multiple accounts to circumvent any restriction, credit limit, or ban is prohibited. For minor athletes this limit applies per child: if you are the parent or legal guardian of more than one minor athlete, you may open a separate Athlete account for each child.
6.4 Account Types
- Athlete: individual swimmer account. Parents and legal guardians register an Athlete account on behalf of minor athletes.
- Coach: registers their own account and, once invited by a Team Owner, manages a sub-team and accesses athlete data within that sub-team.
- Team Owner: creates and manages a team, invites members, manages credits, and accesses team-wide analytics.
Some actions are restricted by account type: Coaches cannot purchase credits and cannot upload races of their own; Team Owners cannot upload races of their own and cannot accept invitations to other teams. Each user can belong to one team, and each athlete to one sub-team, at a time. Team invitations are delivered inside the platform to registered users only and expire after 7 days.
Accounts are personal: the platform does not offer organization accounts, and purchases on it are made by the individual account holder. A club or other organization that wants to buy analyses in its own name, with invoices issued to the organization, can contact us at contact@swimminganalysis.com for a separate written agreement.
7. CREDITS
7.1 Credit System
The platform operates on a prepaid credit system. You purchase credits in advance and spend them to submit race videos for analysis. Submitting a race video consumes credits from your balance at the time of upload (currently one credit per race video); if we reject the video, the credits it consumed are returned to your account (Section 8.2).
We may change the credit cost of an upload. A change applies only to credits purchased after it takes effect; an upload already submitted, and the credits in your balance on the date of the change, continue to be charged at the credit cost in force when those credits were purchased, until they are used or frozen (Section 7.2).
A reported error in a delivered analysis is dealt with free of charge as described in Section 12; a request to analyze the same race again for any other reason consumes a credit.
Credits are a prepaid entitlement to our own analysis service. They have no cash value, and are not electronic money, a payment instrument, a deposit, or a claim to a sum of money; they cannot be redeemed for cash except where these Terms or applicable law provide for a refund.
Payments are processed by Iyzico Ödeme Hizmetleri A.Ş., a licensed payment service provider. You enter your card details on Iyzico's own payment page, where the transaction is subject to the terms Iyzico shows you there. The card details we retain are listed in Section 3.5 of our Privacy Policy.
Credit prices are displayed in Turkish Lira (TRY), inclusive of VAT/KDV, for buyers we detect as being in Türkiye, and in US Dollars (USD) for buyers elsewhere, on the purchase page before checkout. The currency shown at checkout is the currency you are charged, and any refund is issued in that same currency. We may change prices at any time; changes do not affect credits already purchased. If a package is displayed at an obviously incorrect price because of a technical or clerical error, we may correct it or withdraw the package before you pay, and we are not obliged to sell at the erroneous price; if such a price has already been charged, we may rescind the purchase under the rules on mistake in the Turkish Code of Obligations, in which case we refund you in full.
Your country is detected from your IP address using IP geolocation data provided by DB-IP, licensed under CC BY 4.0; how we use it is explained in Section 3.1 and Section 3.5 of our Privacy Policy.
7.2 Credit Validity and Freezing
Credits are valid for 12 months from the date of the last purchase into the balance that holds them (or, if there has been no purchase, from the date that balance was opened). Each purchase extends the validity of that entire balance for a further 12 months from that date. Nothing else renews a balance: credits we grant, a credit returned after a rejected video, transfers between a team, its sub-teams and its athletes, and credits returned to a team all leave its validity period unchanged. A credit returned after a rejected video goes back into the balance it came from, and credits returned on an account's closure go to a team's main balance (Section 14.1); either way they are frozen if that balance is frozen. Personal and team balances each have their own validity period; a sub-team's balance has none of its own and is frozen whenever its team's balance is frozen. Credits allocated to you by a team are never frozen on your side. We will notify you in good time before your credits are due to be frozen, by in-app notification and email; the timing of those notifications is set by the platform. A purchase whose payment we refund no longer counts towards the 12-month period, so a refund can bring the end of a balance's 12-month period forward; if that end has already passed, or credits are added to a balance whose period has already ended, the balance is frozen at once, without prior notice. Credits in a balance with no purchase for 12 months are frozen, not deleted: they stay in your balance and remain yours, but cannot be spent while frozen. A purchase into that balance unfreezes the whole balance and starts a new 12-month period for all of it; for a sub-team, a purchase into its team does. Frozen credits count as unused credits for the refunds in Section 7.7, Section 14.2 and the Refund Policy, and are lost only when your account is closed (Section 14.1) or, for a team's balance, when the team is dissolved (Section 10.3).
7.3 Non-Refundability
Without prejudice to your rights in respect of defective goods or defective service under Law No. 6502, credit purchases are non-refundable, except:
- Rejected video: the credit returned to your balance, and a money refund where the 30-day period was missed (as described in Section 8.2)
- Platform shutdown refund (as described in Section 7.7)
- Closure of your account by us without cause (as described in Section 14.2)
- Refund of the unused credits of a purchase, requested within 14 days of payment (as described in Section 3)
- Termination of your account by us for a breach of the Terms (as described in Section 14.2)
- Payment charged without the credits being delivered (as described in Section 3 of the Refund Policy)
Whenever we refund you in money, the credits that refund covers are removed from your balance, as described in Section 2.6 of the Refund Policy.
Before initiating a chargeback or payment dispute with your bank or card provider for credits that have been delivered to your account, please contact us; a genuine billing error is resolved fastest by writing to us directly. You remain liable to us for the amount charged back and for any fee our payment provider charges us in connection with it, and we may set that amount, or any other amount you owe us under these Terms, off against any balance you hold with us. That right of set-off does not apply to a refund we are required to make under applicable law or under these Terms and the Refund Policy; we will tell you the amount we set off and the basis for it. Nothing in this paragraph affects your own right of set-off as a consumer under applicable law.
7.4 Non-Transferability
Credits are tied to the account that purchased them and are non-transferable between users or accounts. Team Owners may allocate credits to sub-teams and transfer credits to individual athlete accounts within their team, and Coaches may transfer credits from their sub-team to athletes in that sub-team; this is a platform feature, not a transfer of ownership between unrelated users.
7.5 Promotional and Complimentary Credits
Credits granted by Swimming Analysis as a promotion, bonus, or complimentary allocation are subject to the validity period in Section 7.2 and to any additional conditions communicated at the time of grant. Promotional credits have no cash value and are not eligible for refund under any circumstances.
7.6 Coach Uploads and Athlete Credits
When a coach or Team Owner submits a race video on behalf of an athlete, or our staff do so at the athlete's request, the credit is consumed from the athlete's account, not the submitter's. If the video is rejected, the refund is returned to the athlete's account.
7.7 Platform Shutdown
If we permanently discontinue the platform, we will give you reasonable notice (normally at least 30 days) by an in-app announcement, or by email. We will refund the credits you paid for that are unused, including frozen credits (Section 7.2), at the price you paid for them, by a means we are able to use at the time. Credits that were granted by us, transferred to you by a team, or otherwise not purchased by you are not refunded.
8. VIDEO SUBMISSIONS
8.1 Your Responsibility
By uploading a race video you confirm that:
- You have the right to upload and share the video for analysis purposes
- The video was recorded at a public sporting event or competition venue
- Where required by applicable law, appropriate consent or authorization exists for the individuals depicted
- The video does not infringe any third party's copyright, privacy rights, or any other rights
Videos are not publicly displayed. All uploaded videos are accessible only to authorized analysis personnel and are permanently deleted on a fixed schedule: 14 days after analysis or rejection. If a video is not analyzed within 30 days of upload, it is automatically rejected and deleted at that point. If you delete a race, any remaining video is permanently erased within 30 days. As the one exception, where a video is rejected because it breaches Section 8 or Section 11 and we restrict or close the account as a result, we may keep a copy of that video together with the rejection record, access-restricted and used for no other purpose, until the matter and any claim arising from it are concluded; we tell you when we do so.
Third-party claims arising from the content of videos you upload are governed by Section 20.
8.2 Our Right to Reject
Technical requirements. A race video must be a single, uninterrupted recording of one race, in a video file format, of a size, length, resolution and frame rate we accept, and must be for a race distance, stroke and pool type the platform supports. Files that fail these checks (including files whose container cannot be played by common browsers even though the footage itself is intact) are refused at upload, before any credit is charged.
We may reject a submitted video for reasons of video quality, incorrect recording angle, technical issues, policy violations, or a similar objective technical reason. Videos not analyzed within 30 days of upload are rejected automatically. Every rejection, manual or automatic, triggers an automatic credit refund. Where a video is rejected automatically because we did not analyze it within 30 days, you may ask us to refund the payment in money: the refund is made on the basis stated in Section 2.6 of the Refund Policy, within 14 days of your request and together with statutory interest (Law No. 3095). If you prefer, you may instead keep the credit returned to your balance. The reason for a rejection is shown with the race in your account; on request we also tell you the result of the technical check we carried out.
8.3 Prohibited Content
You must not upload videos that:
- Depict illegal activity
- Are obscene, abusive, or harassing
- Were obtained without the knowledge of the individuals depicted in a private setting
- Infringe any third party's intellectual property rights
8.4 Removal Requests by Depicted Individuals
If you appear in footage uploaded to Swimming Analysis and want it removed, email contact@swimminganalysis.com. We will delete the video promptly once we have verified the request. A copy kept under Section 8.1 is not deleted on such a request while the matter it relates to is open.
9. ANALYSIS AND INTELLECTUAL PROPERTY
9.1 Your Content
You retain ownership of the race videos you upload and the metadata you provide. By uploading, you grant us a limited, non-exclusive licence to use your video and metadata for the purposes of providing the analysis service, generating performance metrics, and developing, testing and improving our analysis methods and tools. This licence terminates, in respect of the video, when the video is deleted (see Section 8.1 for the deletion schedule); our use of the race metadata continues as described in Section 9.4 and in Section 3.4 of our Privacy Policy. This licence covers the rights to reproduce the video for analysis and to adapt it into performance metrics, and no other economic right. If the licence is for any reason ineffective, you are taken to have consented to the acts set out in this Section.
9.2 Our Analysis and Metrics
The analysis outputs generated by Swimming Analysis are our proprietary work product. Our intellectual property rights subsist in the methodology, presentation, structure, derived insights, and the platform itself — not in the underlying raw measurements (such as split times or stroke counts), which are factual data.
We grant you a personal, non-exclusive, non-transferable licence to use, download, and share your own analysis outputs for personal, educational, and non-commercial purposes. A Team Owner's or Coach's use of analysis outputs to coach the athletes on their own team or sub-team, as permitted by Section 10.5, is not a commercial purpose for the purposes of this Section. We may suspend or withdraw this licence in respect of a specific use that breaches these Terms; the licence is otherwise perpetual and continues after your account closes, in respect of analysis outputs you obtained while it was open.
9.3 Use of Analysis Outputs
You may:
- View, download, and export your analysis outputs
- Share your analysis outputs freely, including on social media
- Use your analysis outputs for personal training decisions and educational purposes
You may not:
- Remove, obscure, or alter any Swimming Analysis branding from analysis outputs
- Represent our analysis outputs as your own work product
- Resell, sublicense, or commercially exploit our analysis outputs
- Scrape, copy, or systematically extract data from the platform
9.4 Use of De-identified Data
We use de-identified performance metrics for the following purposes: improving our analysis methodology, developing new platform features, conducting research, and generating benchmark datasets. This data remains pseudonymized personal data and is not used to identify you; how it is de-identified, and the legal basis for this use, are set out in Section 3.4 of our Privacy Policy. This use continues after account deletion.
10. TEAM FEATURES
10.1 Team Owner Responsibilities
Team Owners are responsible for:
- Managing team membership and coach assignments appropriately
- Ensuring that athletes (or their parents/guardians for minors) have consented to joining the team
- Inviting only people with whom they have a genuine coaching or club relationship (their own athletes and coaches, or members of their club) and who can reasonably expect the invitation
- Ensuring that credits allocated to sub-teams and athletes are used in accordance with these Terms
- Using athlete data available to them only for coaching the athletes on their team, and not disclosing it to anyone outside the team
- Complying with applicable data-protection law in handling athlete data, and telling us promptly if athlete data in their care is lost or disclosed
Coaches are subject to the same duties in respect of the athletes in their sub-team. Section 20 (Indemnification) applies to claims brought against us arising from a Team Owner's or a Coach's handling of athlete data; for that Section, any person other than the Team Owner or Coach concerned, including the athlete, is a third party. Where we reasonably believe that a Coach has breached these Terms or this Section, we may remove the Coach from a team or withdraw team features from the Coach's account, without closing that account. A breach by a Team Owner is dealt with under Section 14.2: if we terminate a Team Owner's account, the teams they created are dissolved and the unused credits they purchased are refunded as described there.
10.2 Coach Access
Coaches have access to athlete data within their assigned sub-team only. A coach's removal from a sub-team immediately revokes their access to that sub-team's athlete data. Sub-team credits remain in the sub-team and are not returned to the coach upon removal.
10.3 Athlete Data Ownership
Athlete data belongs to the athlete (or their parent/guardian for minors), not to the team. If a team is dissolved, athlete accounts and data continue to exist independently. Athletes may leave a team at any time, at which point the Team Owner and coaches lose access to that athlete's data going forward.
Athletes may only be a member of one team at a time. Accepting an invitation to join a new team will automatically remove the athlete from their current team and any sub-team assignments.
Credits already transferred to an athlete's account stay with the athlete if the athlete leaves or is removed from the team. When a sub-team is deleted, its remaining credits return to the team's balance. When a team is dissolved, the team's and its sub-teams' credit balances are deleted with it.
10.4 Relationship of the Parties
Team Owners and Coaches are not our employees, agents, or representatives. We do not control how they coach, or how they use the athlete data made available to them through the team feature, and we are not responsible for their acts or omissions toward you, including their handling of data they can see under Section 10.2; Section 13 applies to any claim arising from them. Nothing in this Section affects our own obligations as data controller under our Privacy Policy and applicable data-protection law.
10.5 Use of Analysis Outputs by Team Owners and Coaches
A Team Owner or Coach may use the analysis outputs they can access through the team feature solely to review and support the performance of the athletes on their own team or sub-team (including preparing training plans and race strategy for those athletes) and for no other purpose.
In particular, a Team Owner or Coach may not:
- Use analysis outputs, or anything derived from them, for any commercial purpose, or to provide analysis, reporting or coaching services to anyone who is not an athlete on their own team or sub-team
- Resell, sublicense, publish, or otherwise make analysis outputs available to any third party
- Present analysis outputs, or any report or material derived from them, as their own work product or that of their club
- Remove, obscure, or alter any Swimming Analysis branding on an analysis output
Where a Team Owner or Coach ceases to coach an athlete (including on removal from a sub-team, on leaving the team, or where the athlete leaves), they must stop using, and delete or destroy, any copies of that athlete's analysis outputs they hold outside the Platform, including downloaded PDF reports. The restrictions in Section 9.3 apply to a Team Owner and Coach in addition to this Section.
11. PROHIBITED CONDUCT
The following are prohibited on the platform. Violation may result in immediate account termination (Section 14.2).
- Attempting to exploit, reverse-engineer, or circumvent any feature, security measure, or credit system on the platform
- Creating multiple accounts to bypass restrictions, bans, or credit limits
- Reselling access to the platform or any part of it
- Representing the platform or its outputs as your own product or service
- Using the platform to generate analysis for the purpose of selling that analysis to third parties
- Attempting to commercially profit from the platform without our express written authorization
- Sharing account credentials with third parties
- Uploading videos on behalf of athletes without proper authorization from the athlete or their parent/guardian
- Harassing, threatening, or abusing platform personnel or other users
- Using the team invitation system to contact people with whom you have no genuine coaching or club relationship, or repeatedly inviting someone who has declined
- Providing false information during registration or in any communication with us
- Using automated tools, bots, or scripts to interact with the platform
- Any activity that interferes with or disrupts the platform's operation
- Attempting to access, view, or extract another user's data without authorization
- Abusing the video rejection and credit refund process, including repeatedly submitting videos that do not meet quality requirements in order to game the credit system
To keep the platform available to everyone, we apply rate limits to its use. The limits in force are set and applied by the platform and may change. A request over a limit is refused temporarily.
12. DISCLAIMER OF WARRANTIES
The platform is provided "as is" and "as available." To the maximum extent permitted by applicable law, Swimming Analysis makes no warranties, express or implied, including but not limited to:
- Warranties of merchantability or fitness for a particular purpose
- Warranties that the platform will be uninterrupted, error-free, or free of bugs
- Warranties as to the accuracy, completeness, or precision of any analysis output or metric
- Warranties that the platform will meet your specific requirements or expectations
Analysis outputs are produced by our analysis process, which combines our analysts' review with our own measurement tools. While we strive for accuracy, metrics may contain errors, and we may correct metrics or race details after delivery; the values shown in your account are the current ones. We make no representation that any analysis output is free from error or suitable for any particular use.
AI race reports are generated by an artificial-intelligence model from your computed metrics and may contain inaccuracies, omissions, or misinterpretations; we make no warranty as to their accuracy, completeness, or availability for any given race analysis (see also Section 5, Informational purpose).
Measurement tolerance and incorrect analysis. Analysis outputs are based on measurements taken from the uploaded video; the video's image quality, frame rate and recording angle affect measurement accuracy. For videos meeting the technical requirements in Section 8.2, we produce timing measurements read from the video within a tolerance of ±0.4 seconds and underwater distance measurements within ±1.5 metres; other metrics computed from those measurements (segment velocities, stroke rate, distance per stroke, underwater velocity and the like) carry the corresponding variance. If you believe a result falls outside them, contact us at support@swimminganalysis.com; we will re-examine the analysis free of charge. Under Article 15 of Law No. 6502 you choose which remedy applies: re-performance of the service, free repair of the work produced by the service, a price reduction in proportion to the defect, or rescission of the contract; the outcome of our examination does not limit that choice. The race video may already have been deleted on the schedule in Section 8.1; so that we can carry out the analysis again, we may ask you to share the original video with us once more. If you do, we re-analyze the race free of charge and no credit is deducted from your balance; a video shared again is subject to the deletion schedule in Section 8.1 as well. Not having shared the video again does not affect your other statutory remedies. Nothing in this Section limits your rights in respect of defective performance under Law No. 6502.
13. LIMITATION OF LIABILITY
13.1 No Consequential Damages
To the maximum extent permitted by applicable law, Swimming Analysis shall not be liable for any indirect damages arising from your use of the platform, including but not limited to loss of profit, loss of data, loss of business opportunity and loss of reputation, even if we have been advised of the possibility of such damages. For users who are consumers, this paragraph does not exclude or limit our legal liability where, as a result of an act or omission of ours, you die, are injured, or suffer material damage.
13.2 Maximum Liability Cap
To the maximum extent permitted by applicable law, our total liability to you for any claim arising from or related to these Terms or the platform shall not exceed the greater of (a) the total amount you have paid to us and (b) the list price, at the date they were credited, of the credits credited to your account. This limit does not apply to a refund we are expressly required to make under Section 7.7, Section 8.2, Section 14.2 or the Refund Policy, nor to the statutory interest added to such a refund, and that refund is calculated as those sections provide. Nor, for users who are consumers, does this limit exclude or restrict our legal liability where, as a result of an act or omission of ours, you die, are injured, or suffer material damage.
13.3 Consumer Rights
Nothing in these Terms limits any rights you may have under applicable mandatory consumer protection law that cannot be excluded by contract. Nothing in this Section 13 excludes or limits our liability for damage caused by our gross negligence or wilful misconduct, or any other liability that cannot be excluded or limited under applicable law (including Article 115 of the Turkish Code of Obligations).
14. ACCOUNT TERMINATION
14.1 Termination by You
You may close your account at any time by emailing support@swimminganalysis.com with the subject line "Account Deletion Request". Unused credits, including frozen credits, are forfeited upon voluntary account closure, except where applicable law requires otherwise. Where a payment dispute, chargeback, investigation under Section 11, or a request under Section 8.4 concerning your account is open, we still conclude your request within the period stated in Section 9.3 of the Privacy Policy; we tell you with reasons which data we are keeping, why and for how long, and we delete the remaining data within the same period.
If you are a Team Owner, closing your account dissolves the teams you created: memberships and coach access end, the team's and its sub-teams' credit balances are deleted with it, and credits already transferred to athletes stay with them (Section 10.3). Team members keep their own accounts, races and analyses.
If you close your account within 14 days of a credit purchase, you may first request the refund of the unused credits of that purchase described in Section 3; we make that refund before the closure is completed. Credits allocated to you by a team are returned, when your account is closed, to the main balance of the team you then belong to; if you belong to no team, or the closure of your account dissolves that team, they are forfeited.
14.2 Termination by Us
Immediate termination. We may suspend or permanently terminate your account immediately and without prior notice if we determine that you have:
- Engaged in fraudulent activity or payment fraud
- Violated Section 11 (Prohibited Conduct)
- Uploaded content prohibited by Section 8.3 (Prohibited Content)
- Engaged in any activity that poses an immediate risk to the platform or other users
Suspension or termination deactivates your account: you can no longer sign in, and you are signed out of the platform. Your data is then handled in accordance with our Privacy Policy. Unused credits that you purchased, including frozen credits, are refunded on the basis described in Section 7.7, after setting off any documented loss caused by the breach and any amount you owe us under these Terms. Credits granted by us, transferred to you by a team, or otherwise not purchased by you are not refunded.
Warning-and-cure termination. For other violations of these Terms that are not listed above, we will notify you by email describing the violation and provide you with 7 days to remedy the breach. If the breach is not remedied within 7 days, we may suspend or terminate your account. In those cases the same basis applies to unused credits.
Closure without cause and dormant accounts. We may also close your account without alleging any breach, on at least 7 days' notice. We may close an account that has not been signed into for 24 months on at least 30 days' notice. In either case we are not alleging a breach: unused credits that you paid for, including frozen credits (Section 7.2), are refunded on the basis described in Section 7.7. Credits granted by us, transferred to you by a team, or otherwise not purchased by you, are not refunded in this case either.
Team Owners. Where we terminate or close a Team Owner's account under this Section, the teams they created are dissolved as on closure (Section 14.1), and the unused credits they purchased, refunded as described above, include the credits they bought into the balances of those teams and their sub-teams.
Disputed accounts. If two or more people claim the right to control an account or the data in it, we may suspend access to the account until the dispute is resolved between them or by a competent authority. We are not obliged to determine who is entitled to the account, and we may require a court order or other satisfactory evidence of authority before acting on instructions about it. Credits remain with the account during a suspension. The same applies to any other suspension we apply under these Terms.
Appeals. If you believe your account was terminated in error, you may contact us at support@swimminganalysis.com. We will review your case and respond within a reasonable time. We are not obligated to restore any account.
14.3 Survival
Sections 7 (Credits), 9 (Analysis and Intellectual Property), 10.1 (Team Owner Responsibilities), 10.4 (Relationship of the Parties), 10.5 (Use of Analysis Outputs by Team Owners and Coaches), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 15 (Governing Law), 16 (Dispute Resolution), 18 (Miscellaneous), and 20 (Indemnification) survive termination of your account.
15. GOVERNING LAW
These Terms are governed by the laws of the Republic of Türkiye, without regard to conflict of law principles.
16. DISPUTE RESOLUTION
16.1 Jurisdiction
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the platform shall be subject to the exclusive jurisdiction of the courts of Istanbul, Türkiye, subject to the consumer exceptions below.
Consumers in Türkiye: notwithstanding the preceding paragraph, Articles 68 and 73 of Law No. 6502 apply to consumers residing in Türkiye: for disputes below the monetary limit announced annually by the Ministry of Trade, application to the Consumer Arbitration Committee (Tüketici Hakem Heyeti) of their place of residence or of the place of the consumer transaction is mandatory; no application to the Committee can be made for disputes above that limit, and the Consumer Court (Tüketici Mahkemesi) has jurisdiction. For disputes outside the Consumer Arbitration Committees' jurisdiction, application to a mediator (arabulucu) is a mandatory precondition to filing a claim before the Consumer Court, pursuant to Article 73/A of Law No. 6502.
16.2 Waiver of Foreign Jurisdiction
By accepting these Terms, you irrevocably waive any right to bring claims against Swimming Analysis in any court or jurisdiction other than Istanbul, Türkiye, to the extent permitted by applicable law.
16.3 Consumer Protection Exception
Nothing in this Section limits any mandatory rights you may have under applicable consumer protection law that cannot be contractually waived. The waiver in Section 16.2 does not apply to consumers residing in Türkiye, whose venue rights under Section 16.1 remain unaffected, nor to consumers in the European Union or elsewhere whose mandatory local law grants the right to bring claims before their local courts or national alternative dispute resolution bodies.
17. CHANGES TO THESE TERMS
We may update these Terms where a change in law, a decision of a court or public authority, a security requirement, or a technical or operational necessity requires it. Where a change materially reduces your rights or increases your obligations under these Terms, we will:
- Update the "Last Updated" date at the top of this page
- Notify registered users by an in-app announcement, or by email, before the change takes effect
- Where required by law, obtain your express consent before applying the change
A change that reduces your rights or increases your obligations does not apply to credits you purchased before the change takes effect and that are still in your balance; for those credits the Terms as they stood at the time of purchase continue to apply. The version of the Terms in force at each purchase is recorded with your order; you can request a copy of that version from support@swimminganalysis.com, quoting the order date.
Corrections, clarifications, and other changes that do not disadvantage you take effect when they are published; we update the "Last Updated" date for those as well.
Where a change reduces your rights or increases your obligations, we ask you to accept the updated Terms when you next use the platform. Until you accept them, you cannot use the platform; your credits remain in your balance and are available once you accept.
18. MISCELLANEOUS
18.1 Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy and, for each credit purchase, the Pre-Contract Information Form and Distance Sales Agreement you accept at checkout, constitute the entire agreement between you and Swimming Analysis regarding the platform.
18.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force. For users who are consumers, a provision that is an unfair term is void in its entirety under Article 5 of Law No. 6502; the remaining provisions of the contract stay valid.
18.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.
18.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor only in connection with a merger, acquisition, or sale of all or substantially all of our assets; we will notify you before such an assignment takes effect, and it does not reduce your rights under these Terms, including any mandatory consumer rights.
18.5 Language
These Terms are published in Turkish and English. In the event of conflict between the two versions, the Turkish version prevails before any court, Consumer Arbitration Committee or public authority in Türkiye, whoever the user is, and in every case for users in Türkiye; elsewhere, the English version prevails.
18.6 Mandatory Consumer Protection
If you are a consumer, nothing in these Terms limits or excludes any right you have under mandatory consumer-protection law that cannot be waived by contract, including Law No. 6502 for consumers in Türkiye and the mandatory law of your country of residence for consumers elsewhere. Where a provision of these Terms conflicts with such a right, the mandatory right prevails and the provision applies only to the extent permitted by law.
18.7 Feedback
If you send us suggestions, ideas, or feedback about the platform, we may use them without restriction and without any obligation to you. Feedback is not confidential, and you acquire no right in anything we develop using it.
19. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond their reasonable control, including but not limited to: acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil unrest, government action, power outages, or internet or telecommunications failures. This Section does not excuse an obligation to pay an amount already due. Nor does it remove our obligation, where an event of force majeure permanently prevents us from performing, to refund the credits you paid for that are unused, including frozen credits, on the basis described in Section 7.7. If that happens, we will tell you within three days of learning of it and make the refund within 14 days of telling you.
20. INDEMNIFICATION
You agree to indemnify Swimlytics Dijital Spor Teknolojileri Limited Şirketi, its officers, employees, and agents against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) brought against us by third parties and arising out of:
- Any video content you upload, including claims by people depicted in or affected by that content
- Your infringement of any third party's rights
- Your breach of any applicable law in connection with your use of the platform
- Any false or misleading information you provide to us
If you are a consumer, your obligation under this Section arises only to the extent of your fault and is limited to the loss your fault caused. This Section does not apply to disputes between us or to claims you bring against us.
You will notify us promptly of any claim to which this Section applies. We may assume the defence of any such claim, in which case you will co-operate with us reasonably in that defence. You may not settle any such claim in a way that imposes any obligation on us, or contains any admission on our part, without our prior written consent, which will not be unreasonably withheld.
This indemnification obligation survives termination of your account.
21. DEFINITIONS
In these Terms, the following terms have the meanings set out below:
- Platform: the Swimming Analysis website at swimminganalysis.com and all related software, services, dashboards, and features operated by Swimlytics Dijital Spor Teknolojileri Limited Şirketi.
- Credit: a prepaid unit held in a balance on the Platform that may be spent to submit a race video for analysis, at the credit cost in force at the time, as described in Section 7.
- Athlete, Coach, Team Owner: the account types described in Section 6.4.
- Parent or Legal Guardian: a parent holding parental custody of a minor Athlete, or a guardian appointed for the minor, who, as the minor's legal representative, creates and manages the Platform account on the minor's behalf, accepts these Terms in the minor's name and assumes responsibility for the minor's use of the Platform.
- Team: an organizational group on the Platform created by a Team Owner, comprising Coaches, Athletes, and one or more Sub-teams.
- Sub-team: a subdivision of a Team managed by an assigned Coach, containing a defined set of Athletes and an allocation of Credits.
- Analysis Output: the performance metrics, charts, derived insights, benchmark comparisons, AI-generated narrative race reports, and any other results generated by Swimming Analysis from a submitted race video.