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Terms of Service

Surge Swimming · Last updated: 15 July 2026

These Terms of Service ("Terms") govern your access to and use of the Surge Swimming website, mobile application, and related services (together, the "Service"), operated by Surge Swimming (ABN registered, sole trader, "we", "us", "our"), a business based in Queensland, Australia.

By creating an account, subscribing, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Eligibility

You must be at least 16 years of age to create an account and use the Service. If you are between 16 and 18 years of age, you confirm that you have the consent of a parent or legal guardian to use the Service and enter into these Terms.

By using the Service, you represent and warrant that you meet this age requirement and that all information you provide to us is accurate and truthful.

2. Description of the Service

Surge Swimming provides an AI-powered sprint swim coaching platform that generates personalised swimming and strength training programs, tracks logged training sessions, provides an AI coaching chat feature, and offers community and squad features that allow users to interact with other athletes.

The Service may also integrate with third-party wearable devices and platforms (such as Whoop) to incorporate recovery and fitness data into your training recommendations, where you choose to connect such accounts.

3. Health and Fitness Disclaimer

Please read this section carefully.

The training programs, coaching advice, and any other content generated by the Service — including content generated by artificial intelligence — are provided for general informational and training purposes only. They do not constitute medical advice, professional coaching, or a substitute for consultation with a qualified medical professional, physiotherapist, or accredited swim coach.

You should consult a doctor or other qualified health professional before beginning any new training program, especially if you have any pre-existing medical condition, injury, or concern about your fitness to undertake strenuous physical activity.

You acknowledge that swimming and strength training carry inherent risks, and that you use the Service, including any training program or advice generated through it, entirely at your own risk. Surge Swimming does not accept liability for any injury, loss, or damage arising from your use of, or reliance on, the Service.

4. Subscriptions and Billing

Certain features of the Service require a paid subscription. Current subscription plans and pricing are displayed on our pricing page and may be updated from time to time.

New subscribers on eligible plans may receive a 7-day free trial. If you do not cancel before the trial period ends, your subscription will automatically convert to a paid subscription and you will be charged according to the plan you selected.

No refunds. Cancel anytime.

Subscription fees are non-refundable, including for partial billing periods. You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing cycle, and you will retain access to paid features until that date. No prorated or partial refunds will be issued for the remainder of a billing cycle.

Payments are processed securely by Stripe. We do not store your full payment card details.

5. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and current information when creating your account and to promptly update it if it changes.

You may only create and maintain one account per person. You must not share your account with, or transfer it to, any other person.

6. Acceptable Use

When using the Service, you agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
  • Attempt to abuse, exploit, or excessively query the AI coaching features in a manner that disrupts the Service for other users;
  • Scrape, copy, or extract data from the Service using automated means without our prior written consent;
  • Harass, abuse, or harm another user, including through community feed posts, comments, squads, or direct interactions within the Service;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Upload or transmit any content that is unlawful, defamatory, obscene, or infringes the rights of any third party.

We reserve the right to remove content or suspend or terminate accounts that breach this section, at our discretion.

7. User-Generated Content

The Service allows you to post content such as activity updates, comments, squad posts, and profile information ("User Content"). You retain ownership of your User Content, but you grant Surge Swimming a non-exclusive, worldwide, royalty-free licence to use, display, and distribute your User Content within the Service for the purpose of operating and improving the Service.

You are solely responsible for the User Content you post. We reserve the right, but are not obligated, to monitor, edit, or remove User Content that we consider to violate these Terms.

8. Intellectual Property

The Service, including its software, design, branding, and underlying technology, is owned by Surge Swimming and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service other than the limited right to use it in accordance with these Terms.

Training programs generated for your individual account are provided to you for your personal use. Your own logged training data (such as session logs, personal bests, and activity history) remains yours, and you may request a copy or deletion of this data as set out in our Privacy Policy.

9. Third-Party Services

The Service integrates with third-party providers to operate, including:

  • Stripe — for payment processing;
  • Anthropic (Claude API) — for AI-generated training programs and coaching responses;
  • Whoop and other wearable platforms — where you choose to connect your account, for recovery and fitness data;
  • Supabase and Vercel — for application hosting, authentication, and data storage.

Your use of these third-party services, where applicable, may also be subject to their own terms and privacy policies. Further detail on how your data is shared with these providers is set out in our Privacy Policy.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful activity, or for any other reason at our discretion, including discontinuation of the Service.

You may stop using the Service and cancel your subscription at any time as described in Section 4.

11. Limitation of Liability

To the maximum extent permitted by law, Surge Swimming and its personnel will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Service.

To the extent any liability cannot be excluded under the Australian Consumer Law or other applicable law, our total liability to you for any claim arising from these Terms or your use of the Service is limited, at our option, to the resupply of the Service or the amount you paid us in the 3 months preceding the claim.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law.

12. Governing Law

These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in relation to any dispute arising from these Terms or your use of the Service.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms within the Service or by other reasonable means. Your continued use of the Service after such changes constitutes your acceptance of the updated Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at:

surgeswimmingau@gmail.com