Terms of Use

Swim Spots Terms of Use

Last Updated: 3 July 2026

These Terms of Use ("Terms") govern your access to and use of the Swim Spots website, mobile applications, and related services (collectively, the "Service").

Throughout these Terms, "Swim Spots", "we", "us" and "our" refer to Cardigan Studios, the operator of Swim Spots.

By downloading, accessing or using the Service, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

1. About Swim Spots

Swim Spots is a community-driven platform that helps people discover, share and review outdoor swimming locations around the world.

The Service may include, but is not limited to:

  • Interactive maps
  • Swimming location information
  • Community reviews
  • User-submitted photographs
  • Safety information
  • Premium membership features
  • Social features
  • Notifications
  • Website services

Some features may only be available to registered users or paid members.

2. Eligibility

You must be at least 16 years old, or the minimum legal age required in your jurisdiction, to create an account.

If you are under the age of majority where you live, you may only use the Service with the permission and supervision of a parent or legal guardian.

By using Swim Spots, you represent and warrant that:

  • you have the legal capacity to enter into these Terms;
  • all information you provide is accurate and current;
  • you will comply with all applicable laws while using the Service.

3. Changes to these Terms

We may update these Terms from time to time.

Where changes are material, we may notify you through the Service, by email, or by another appropriate method.

The updated Terms become effective when published unless otherwise stated.

Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms.

If you do not agree with any updated Terms, you must stop using the Service.

4. Your Account

Certain features require you to create an account.

You agree to:

  • provide accurate information;
  • keep your information up to date;
  • maintain the security of your password and account;
  • notify us immediately if you become aware of any unauthorised access to your account.

You are responsible for all activity occurring under your account unless caused by our negligence.

We reserve the right to suspend or terminate accounts that violate these Terms or are used fraudulently.

5. Paid Memberships

Swim Spots offers optional paid memberships that provide access to premium features.

Membership options may include:

  • Monthly Membership
  • Annual Membership
  • Lifetime Membership

Membership benefits may change over time as the Service evolves.

We reserve the right to introduce, modify or discontinue membership features provided existing subscribers continue receiving the benefits promised at the time of purchase where required by applicable law.

Memberships are optional.

The core functionality of Swim Spots may remain available without a paid membership, although certain premium features may only be accessible to members.

6. Subscription Billing

Monthly and Annual memberships automatically renew unless cancelled before the renewal date.

By purchasing a subscription, you authorise the applicable app marketplace to charge the recurring subscription fee using your selected payment method.

Renewal dates, billing periods and pricing are determined by the platform through which you purchased your subscription.

Subscription prices may change in the future where permitted by applicable law.

If pricing changes, we or the relevant app marketplace will notify you where required before the new price takes effect.

7. Lifetime Memberships

A Lifetime Membership provides access to eligible premium features for the operational lifetime of the Swim Spots Service.

A Lifetime Membership:

  • is a one-time purchase;
  • does not automatically renew;
  • is linked to the purchasing account;
  • is non-transferable except where required by law.

For the avoidance of doubt, "Lifetime" refers to the lifetime of the Swim Spots Service and does not guarantee that the Service will continue indefinitely.

We reserve the right to modify or discontinue the Service in accordance with these Terms.

8. Payments

Payments are processed securely through the platform from which you purchased the Service, including:

  • Apple App Store
  • Google Play Store

We do not collect or store your complete payment card information.

Payment information is handled in accordance with the policies of the relevant payment provider.

9. RevenueCat

We use RevenueCat to manage subscriptions and verify membership status.

RevenueCat may receive limited purchase information from Apple or Google in order to:

  • verify purchases;
  • restore memberships;
  • determine subscription status;
  • manage premium feature access.

RevenueCat does not receive your full payment card details.

Your use of RevenueCat is also subject to RevenueCat's own terms and privacy practices.

10. Subscription Management

Subscriptions purchased through Apple App Store or Google Play must be managed through the respective marketplace.

This includes:

  • cancelling subscriptions;
  • updating payment methods;
  • viewing renewal dates;
  • requesting refunds where available.

Swim Spots cannot cancel subscriptions or issue refunds for purchases processed by Apple or Google except where required by applicable law.

Refunds remain subject to the policies of the platform through which the purchase was made.

11. Free Trials and Promotional Offers

From time to time, Swim Spots may offer free trials, introductory pricing or promotional offers.

Unless otherwise stated:

  • promotional offers are available for a limited time only;
  • offers may only be redeemed once per user;
  • offers cannot be exchanged for cash;
  • we reserve the right to withdraw or modify promotional offers at any time where permitted by law.

If a free trial converts into a paid subscription, your subscription will automatically renew unless cancelled before the end of the trial period.

12. Taxes

Prices displayed within the Service may include or exclude applicable taxes depending on your location and the policies of the app marketplace.

You are responsible for any taxes or duties applicable to your purchase unless otherwise stated.

13. Account Suspension or Membership Termination

We may suspend or terminate your account or paid membership if you:

  • materially breach these Terms;
  • engage in fraudulent activity;
  • abuse the Service;
  • interfere with the operation or security of the Service;
  • violate applicable laws;
  • attempt to circumvent subscription or payment systems.

Where reasonably practicable, we will notify you before terminating your account, except where immediate action is necessary to protect the Service, other users, or comply with legal obligations.

Termination of your account does not automatically entitle you to a refund except where required by applicable law.

14. Availability of the Service

We continually improve Swim Spots.

Accordingly, we may:

  • add new features;
  • modify existing features;
  • discontinue certain functionality;
  • perform maintenance;
  • temporarily suspend access for upgrades, security or operational reasons.

While we aim to provide a reliable Service, we do not guarantee uninterrupted availability.

From time to time the Service may be unavailable due to maintenance, technical issues, third-party service outages or events beyond our reasonable control.

15. User Content

Swim Spots is a community-driven platform that relies on content submitted by users.

You may choose to submit content to the Service, including but not limited to:

  • Swimming spot locations
  • Reviews and ratings
  • Photographs
  • Videos
  • Comments
  • Profile information
  • Suggestions or feedback
  • Other materials you upload or publish through the Service ("User Content").

You are solely responsible for all User Content that you submit.

By submitting User Content, you represent and warrant that:

  • you own the content or have all necessary rights and permissions to publish it;
  • your content does not infringe any copyright, trademark, privacy, publicity or other legal rights;
  • your content complies with these Terms and all applicable laws.

16. Licence You Grant to Swim Spots

You retain ownership of the User Content you create.

However, by uploading or submitting User Content through the Service, you grant Swim Spots a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to use, reproduce, host, store, adapt, modify (for formatting or technical purposes), publish, display, distribute and promote your User Content for the purpose of operating, improving, marketing and providing the Service.

This licence allows us, for example, to:

  • display your photographs on swimming spot pages;
  • display your reviews to other users;
  • create map listings using information you submit;
  • include your content in promotional material relating to Swim Spots;
  • improve search functionality and recommendations;
  • back up and archive submitted content.

This licence continues for as long as your User Content remains on the Service.

If you delete your User Content or your account, we will stop publicly displaying that content within a reasonable period, although backup copies may remain for legal, security or disaster recovery purposes.

17. Community Standards

To help maintain a welcoming and trustworthy community, you agree not to post or upload content that:

  • is false, misleading or intentionally deceptive;
  • promotes illegal activity;
  • contains hate speech, harassment or threats;
  • contains pornography or sexually explicit material;
  • encourages dangerous or reckless behaviour;
  • promotes violence or self-harm;
  • infringes another person's intellectual property rights;
  • invades another person's privacy;
  • impersonates another individual or organisation;
  • contains spam, scams or misleading advertisements;
  • contains malware or malicious code.

We reserve the right to remove any content that we reasonably believe violates these Terms.

Repeated or serious violations may result in suspension or permanent termination of your account.

18. Accuracy of User Content

Swim Spots contains information submitted by members of the community.

We do not verify every review, photograph, description or swimming location submitted by users.

Accordingly:

  • information may be incomplete;
  • information may become outdated;
  • conditions may have changed since publication;
  • users may make mistakes.

You acknowledge that you use community-contributed information entirely at your own risk.

19. Removal of Content

We reserve the right, but are not obligated, to monitor, edit, remove or restrict access to User Content that we reasonably believe:

  • breaches these Terms;
  • violates applicable law;
  • infringes another person's rights;
  • may expose Swim Spots to legal liability;
  • is harmful to other users or the community.

Removal of content does not create any obligation for Swim Spots to compensate the user who submitted it.

20. Feedback

If you provide suggestions, ideas, bug reports or feature requests relating to Swim Spots ("Feedback"), you agree that:

  • Feedback is provided voluntarily;
  • we may use, modify and implement your Feedback without restriction;
  • you will not receive compensation for the use of your Feedback.

21. Intellectual Property

The Service, including all software, designs, branding, graphics, text, maps, logos, icons, databases and other materials created by Swim Spots, are owned by or licensed to Cardigan Studios and are protected by copyright, trademark and other intellectual property laws.

Except as expressly permitted by these Terms, you may not:

  • copy;
  • reproduce;
  • modify;
  • distribute;
  • sell;
  • sublicense;
  • reverse engineer;
  • decompile;
  • scrape;
  • commercially exploit

any part of the Service without our prior written permission.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

22. Licence to Use the Service

Subject to these Terms, Swim Spots grants you a limited, personal, non-exclusive, non-transferable and revocable licence to use the Service solely for your own personal, non-commercial use.

This licence does not permit you to:

  • redistribute the application;
  • create derivative works;
  • copy substantial portions of the Service;
  • circumvent security features;
  • access source code;
  • use the Service for commercial data collection.

Any rights not expressly granted are reserved by Swim Spots.

23. Acceptable Use

You agree not to misuse the Service.

Without limitation, you must not:

  • interfere with the operation of the Service;
  • attempt to gain unauthorised access to systems or accounts;
  • introduce viruses, malware or harmful software;
  • scrape or harvest data using automated tools;
  • overload or disrupt our infrastructure;
  • attempt to bypass subscription or payment systems;
  • use bots or automated scripts without written permission;
  • use the Service for unlawful purposes;
  • submit false swimming locations or fraudulent reviews;
  • artificially manipulate ratings, reviews or rankings.

We may investigate suspected misuse and take any action we reasonably consider appropriate, including suspending or terminating accounts.

24. Copyright Infringement

We respect the intellectual property rights of others.

If you believe material available through Swim Spots infringes your copyright or other intellectual property rights, please contact us with sufficient information to investigate your claim.

Notices should include:

  • identification of the copyrighted work;
  • identification of the allegedly infringing material;
  • your contact details;
  • a statement that you believe the use is unauthorised;
  • a statement that the information provided is accurate.

Copyright notices should be sent to:

hello@cardiganstudios.com

Where appropriate, we may remove allegedly infringing material while investigating the complaint.

25. Third-Party Services

The Service may integrate with or link to third-party services including:

  • Apple App Store
  • Google Play
  • RevenueCat
  • Map providers
  • Analytics providers
  • Authentication providers
  • Social media platforms

These services operate under their own terms and privacy policies.

Swim Spots is not responsible for the availability, content, security or practices of third-party services.

Your use of those services is governed by their respective agreements.

26. App Store Terms

If you download Swim Spots through Apple App Store or Google Play, you acknowledge that:

  • these Terms are between you and Cardigan Studios, not Apple or Google;
  • Apple and Google are not responsible for providing support for the Service;
  • Apple and Google have no obligation to provide maintenance for the application;
  • any claims relating to the application remain the responsibility of Cardigan Studios to the extent required by law;
  • Apple and Google's respective terms may also apply to your use of the application.

Nothing in these Terms limits any consumer rights you may have under applicable app marketplace policies or consumer protection laws.

27. Beta Features

From time to time we may release beta or experimental features.

These features may be incomplete, contain bugs or change without notice.

Unless otherwise required by law, beta features are provided "as is" and may be modified or discontinued at any time.

Your use of beta features is entirely voluntary.

28. Outdoor Activity Disclaimer

Swim Spots is an information and community platform designed to help users discover outdoor swimming locations.

Swim Spots does not organise, supervise, endorse or operate any swimming activity.

Outdoor swimming is an inherently dangerous activity that carries risks including, but not limited to:

  • drowning;
  • strong currents;
  • tides;
  • waves;
  • submerged objects;
  • slippery surfaces;
  • unstable cliffs or riverbanks;
  • changing weather conditions;
  • flooding;
  • marine life;
  • water quality issues;
  • cold water shock;
  • injury or death.

By using the Service, you acknowledge and accept these risks.

You are solely responsible for determining whether it is safe to enter the water or visit any location.

You should always exercise appropriate caution and independent judgment before undertaking any outdoor activity.

29. No Guarantee of Safety

Swimming locations displayed within Swim Spots may be submitted by users or generated from publicly available information.

Conditions at any swimming location may change without notice due to factors including:

  • weather;
  • tides;
  • water quality;
  • flooding;
  • erosion;
  • local council restrictions;
  • temporary closures;
  • dangerous wildlife;
  • construction;
  • emergency events.

Accordingly, Swim Spots makes no representation or warranty that:

  • a location is safe;
  • information is accurate or current;
  • hazards have been identified;
  • access remains available;
  • facilities are operational.

You acknowledge that information provided through the Service should never replace your own assessment of local conditions.

30. User Responsibility

You remain solely responsible for your decisions and actions when using information obtained through the Service.

Before entering any body of water, you should consider factors including:

  • weather forecasts;
  • tides and swell;
  • river flow;
  • water quality alerts;
  • local warning signs;
  • emergency conditions;
  • your own swimming ability;
  • the availability of supervision or lifeguards.

Where appropriate, users should comply with instructions issued by local authorities, park managers, emergency services and lifesaving organisations.

31. Emergency Situations

Swim Spots is not an emergency service.

The Service should never be relied upon to request emergency assistance or obtain urgent safety information.

If you or another person is in immediate danger, contact your local emergency services immediately.

32. Accuracy of Maps and Location Information

Maps, GPS coordinates and navigation features are provided for convenience only.

Location information may:

  • contain inaccuracies;
  • be outdated;
  • be incomplete;
  • contain incorrect coordinates;
  • be affected by GPS inaccuracies.

Swim Spots does not guarantee that navigation information will correctly identify entrances, exits, parking areas or safe access routes.

You are responsible for independently confirming that you have permission to access any property or location.

33. Environmental Responsibility

Users are expected to act responsibly while visiting outdoor locations.

You agree to:

  • respect wildlife;
  • minimise environmental impact;
  • remove your rubbish;
  • avoid damaging vegetation;
  • comply with local regulations;
  • respect cultural heritage sites;
  • leave swimming locations in a condition suitable for future visitors.

Swim Spots encourages responsible outdoor recreation and conservation.

34. Health and Fitness

The Service does not provide medical advice.

Any information available through Swim Spots should not be interpreted as medical, health or fitness advice.

You are responsible for determining whether you are physically capable of participating in swimming or other outdoor activities.

If you have concerns regarding your health, consult an appropriately qualified medical professional before participating.

35. Assumption of Risk

To the maximum extent permitted by law, you voluntarily assume all risks associated with:

  • using the Service;
  • relying on information available through the Service;
  • travelling to swimming locations;
  • entering or remaining in or around any body of water;
  • participating in outdoor recreational activities.

You acknowledge that many risks cannot be eliminated and that participation is entirely at your own risk.

36. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis.

We make no representations or warranties, express or implied, including any warranty that the Service will:

  • always be available;
  • operate without interruption;
  • be free from errors;
  • be free from viruses or harmful components;
  • meet your expectations;
  • contain complete, accurate or current information.

We expressly disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement, except where such warranties cannot lawfully be excluded.

37. Limitation of Liability

To the maximum extent permitted by law, Cardigan Studios, Swim Spots, its directors, employees, contractors, affiliates and licensors will not be liable for any indirect, incidental, consequential, exemplary, special or punitive damages arising out of or relating to:

  • your use of the Service;
  • your inability to access the Service;
  • reliance on information contained within the Service;
  • user-generated content;
  • outdoor activities;
  • swimming activities;
  • loss of data;
  • loss of profits;
  • business interruption;
  • device damage.

Nothing in these Terms excludes liability that cannot lawfully be excluded under applicable consumer protection laws.

Where liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by law.

If applicable law permits, our total aggregate liability arising from any claim relating to the Service shall not exceed the greater of:

  • the amount you paid to Swim Spots during the twelve (12) months immediately preceding the event giving rise to the claim; or
  • AUD $100.

38. Release

To the fullest extent permitted by law, you release Cardigan Studios and Swim Spots from any claims, demands or causes of action arising from:

  • injuries sustained while visiting swimming locations;
  • interactions with other users;
  • inaccurate or outdated information;
  • environmental hazards;
  • natural events;
  • decisions made based upon information available through the Service.

This release applies except where caused by our own negligence or where liability cannot lawfully be excluded.

39. Indemnity

You agree to indemnify, defend and hold harmless Cardigan Studios, Swim Spots, our directors, employees, contractors, licensors and affiliates from and against any claims, liabilities, damages, losses, costs or expenses (including reasonable legal costs) arising from:

  • your breach of these Terms;
  • your misuse of the Service;
  • your User Content;
  • your infringement of another person's rights;
  • your violation of any applicable law;
  • your negligent or unlawful conduct.

This obligation survives termination of your account and these Terms.

40. Force Majeure

We will not be responsible for any delay or failure to perform our obligations where such delay or failure results from events beyond our reasonable control.

These events may include:

  • natural disasters;
  • floods;
  • bushfires;
  • severe weather;
  • pandemics;
  • war;
  • terrorism;
  • civil unrest;
  • internet outages;
  • failures of third-party service providers;
  • government action;
  • power failures.

During such events, we may suspend or limit the availability of the Service without liability.

41. Consumer Rights

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under applicable consumer protection legislation, including the Australian Consumer Law.

Where legislation implies guarantees or warranties that cannot be excluded, our liability is limited only to the extent permitted by that legislation.

42. Suspension and Termination

You may stop using the Service and delete your account at any time.

We reserve the right to suspend, restrict or terminate your access to the Service immediately, with or without notice, if we reasonably believe that you have:

  • breached these Terms;
  • engaged in unlawful, fraudulent or abusive conduct;
  • infringed the rights of another person;
  • attempted to interfere with the security or operation of the Service;
  • repeatedly violated our Community Standards; or
  • created a risk of legal liability or harm to Swim Spots or other users.

Where reasonably practicable, we will provide notice before permanently terminating an account, unless immediate action is necessary to protect the Service, other users or comply with legal obligations.

Termination of your account does not automatically entitle you to a refund of membership fees except where required by applicable law or the policies of the platform through which your purchase was made.

The following sections survive termination of these Terms:

  • User Content
  • Intellectual Property
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnity
  • Governing Law
  • Any provisions that by their nature are intended to survive termination.

43. Privacy

Your privacy is important to us.

Our collection, use and disclosure of personal information is governed by our Privacy Policy, available at:

https://www.swimspots.com.au/privacy-policy

By using the Service, you acknowledge that you have read and understood our Privacy Policy.

44. Electronic Communications

By creating an account or using the Service, you agree that we may communicate with you electronically.

These communications may include:

  • account notifications;
  • security alerts;
  • purchase confirmations;
  • membership updates;
  • service announcements;
  • legal notices;
  • changes to these Terms;
  • changes to our Privacy Policy.

Where required by law, we will obtain your consent before sending marketing communications.

You may unsubscribe from marketing emails at any time, although you will continue to receive important transactional communications relating to your account or membership.

45. Changes to the Service

We continually improve Swim Spots and reserve the right to:

  • add new features;
  • modify existing functionality;
  • discontinue features;
  • introduce new premium services;
  • change the appearance or design of the Service;
  • fix bugs and security vulnerabilities;
  • perform maintenance.

We are not liable for any modification, suspension or discontinuation of any feature or part of the Service.

Where reasonably practicable, we will endeavour to provide advance notice of significant changes.

46. Third-Party Links

The Service may contain links to third-party websites, products or services.

These links are provided for convenience only.

Swim Spots does not control or endorse third-party websites and is not responsible for their:

  • content;
  • availability;
  • privacy practices;
  • security;
  • terms of use.

Your use of third-party services is at your own risk and subject to their own terms and policies.

47. Assignment

You may not assign, transfer or sublicense any of your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms as part of:

  • a merger;
  • acquisition;
  • corporate restructuring;
  • sale of assets; or
  • transfer of ownership of the Service.

These Terms remain binding on any permitted successor or assignee.

48. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that provision will be severed from the remaining Terms.

The remainder of the Terms will continue in full force and effect.

49. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

Any waiver must be made expressly in writing.

50. Entire Agreement

These Terms, together with our Privacy Policy and any additional policies expressly incorporated by reference, constitute the entire agreement between you and Cardigan Studios regarding your use of the Service.

They supersede any prior agreements, understandings or representations relating to the Service.

51. Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

You agree that any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, except where applicable consumer protection laws provide otherwise.

Nothing in these Terms limits any rights you may have under mandatory consumer protection laws in your country of residence.

52. Contact Us

If you have any questions regarding these Terms or the Service, please contact us.

Cardigan Studios

Email: hello@cardiganstudios.com

Website: https://www.swimspots.com.au

53. Acknowledgement

By downloading, accessing or using Swim Spots, you acknowledge that:

  • you have read these Terms of Use;
  • you understand your rights and obligations under these Terms;
  • you agree to be legally bound by them;
  • you agree to comply with all applicable laws while using the Service.

If you do not agree to these Terms, you must discontinue use of the Service immediately.

© 2026 Cardigan Studios. All rights reserved.

Optional Plus memberships

In-app purchases and subscriptions

Swim Spots may offer optional paid memberships, including monthly, annual, and lifetime Plus access. Purchases are processed by Apple App Store or Google Play through RevenueCat. Prices, taxes, free trials, renewals, cancellations, and refunds are handled by the applicable store terms.

Account-linked access

Plus access is linked to the active Swim Spots account used in the app. Users must be signed in with a valid Supabase account before starting a purchase or restore flow. If you change devices, use Restore Purchases while signed in to the same Swim Spots account.

Plus benefits

Plus may include benefits such as unlimited collections, advanced amenity filters, a Plus badge, priority review markers for submitted spots, and removal of upgrade prompts. Benefits may evolve over time, but core swim spot discovery remains available without payment.

Swim Spots

Discover and share swim spots with friends.

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