SwimScore™ Terms of Use

Last Updated: 3 March 2026

These Terms of Use (“Terms”) apply to and govern your access to and use of any website, mobile website, software, email exchange of information, social media page, patient portal, and any other digital platform, including any services, features, pages, functions, and transactions contained or offered therein (collectively, the “Service”), that are owned, operated, or provided by SwimScore, LLC (“SwimScore,” “we,” “us,” or “our”).

We offer the Service to you conditioned on your acceptance of these Terms and all policies and notices incorporated by reference, including our Privacy Policy. By accessing, browsing, registering for, purchasing through, or otherwise using the Service, you acknowledge that you have read, understand, and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A CLASS ACTION WAIVER AND A REQUIREMENT TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION (WITH A 30-DAY OPT-OUT).

 


1. Eligibility

You may use the Service only if you are at least the age of majority in your jurisdiction and legally able to form a binding contract. The Service is not intended for use by individuals under 18.

You represent and warrant that all information you submit is true, accurate, current, and complete.


2. Service Availability and Geographic Restrictions

SwimScore services are intended solely for individuals physically located within the United States at the time of access or use. At this time, SwimScore does not offer services to individuals located in Alaska, Hawaii, or New York.

Telehealth services facilitated through the Service are provided only in states where affiliated Healthcare Providers are appropriately licensed and authorized to practice. Availability of specific services, including telehealth consultations and prescription services, may vary based on applicable state laws and regulatory requirements.

You are responsible for ensuring that you are physically located in a jurisdiction where services are available at the time you access or use the Service.

SwimScore reserves the right to modify service availability at any time to comply with legal or regulatory requirements.


3. Changes to These Terms

We may update or change these Terms at any time at our sole discretion. Changes are effective immediately upon posting to the Service. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms. You should review these Terms periodically.

If we make material changes and you have an account, we may provide additional notice (e.g., via email or within the Service), but we are not required to do so unless required by law.


4. Emergency Disclaimer

SWIMSCORE IS NOT AN EMERGENCY SERVICE PROVIDER.

If you believe you are experiencing a medical emergency, call 911 immediately.


5. Medical Services and Related Advice

SWIMSCORE DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, OR MEDICAL CARE.

SwimScore provides an online technology platform that facilitates communication between users and independent, licensed healthcare providers affiliated with third-party medical practices or provider networks (“Healthcare Providers”). Healthcare Providers deliver clinical services via the Service using synchronous and asynchronous telecommunications technologies.

Some communications may occur via secure video, interactive audio, text messages, email, or other methods. You acknowledge and agree that certain communications may be conducted through technologies that are not encrypted or may be vulnerable to unauthorized access, and you expressly consent to use of such communication methods in connection with the Service.

All Healthcare Providers are independent of SwimScore and merely use the Service to communicate with you. SwimScore does not employ, contract with, supervise, or control Healthcare Providers, and does not direct or influence clinical decision-making. Healthcare Providers (not SwimScore) are responsible for the quality and appropriateness of care and the security and integrity of communications used with you.

Neither SwimScore nor any affiliate shall be liable for any professional advice obtained from a Healthcare Provider via the Service or for any information obtained from the Service. SwimScore does not recommend or endorse any specific Healthcare Provider, test, physician, medication, product, or procedure. By using the Service, you acknowledge that reliance on any Healthcare Provider or provider-delivered information is at your own risk.

SwimScore makes no representations or warranties about the training, skill, licensure, or competence of any Healthcare Provider, or about the security of any communication medium. You are responsible for selecting your Healthcare Provider.

Content within the Service (including text, copy, audio, video, images, results summaries, scores, dashboards, or insights) is for informational and coordination purposes only and does not constitute medical advice, diagnosis, or treatment by SwimScore and is not intended to create a provider-patient relationship between you and SwimScore. Any provider-patient relationship is solely between you and the Healthcare Provider you select.


6. Telehealth Acknowledgment

Telehealth services may include asynchronous messaging, review of medical history, diagnostic interpretation, and live consultations. You acknowledge that telehealth has limitations and may not be appropriate for all conditions, and that technical failures may occur. Communications are not continuously monitored and response times are not guaranteed.


7. Diagnostic Testing and Results

SwimScore may coordinate diagnostic testing through independent laboratories and logistics providers. Labs operate independently. Specimens may be rejected, delayed, lost, damaged, or require recollection. Results may be inaccurate, incomplete, or inconclusive. Results are not diagnoses and are not intended for emergency use.


8. De-Identified Data Use for Research and Improvement

By accepting these Terms, you grant SwimScore permission to use de-identified personal and health-related information for analytics, research, clinical quality improvement, and product development. De-identified data will be handled in compliance with applicable laws. Participation is voluntary, and you may opt out at any time without affecting access to the Service.


9. Account, Password, and Security

You may be required to create an account. You agree to provide accurate information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You agree to notify us immediately of any unauthorized use or security breach. SwimScore disclaims liability arising from unauthorized use of your account.

You may not transfer, sell, or assign your account.


10. Payment Terms and Fees

Certain features of the Service, including subscriptions, diagnostic testing, and service orders, require payment of fees (“Fees”).

Fees; No Refunds

All Fees are due immediately when charged and are non-refundable, except where required by law. This no-refund policy applies regardless of:

  • your decision to stop using the Service;

  • our termination or suspension of your access;

  • any disruption, interruption, or unavailability of the Service (planned or unplanned);

  • any dissatisfaction with results, outcomes, or eligibility determinations; or

  • failure to complete onboarding, intake, or follow-ups.

If an exception is granted, fees associated with laboratory testing, specimen collection, shipping/logistics, and clinician consultations are strictly non-refundable once initiated, as these services are rendered or costs incurred at the start of processing/clinical care.

Pricing; Taxes

Fees are displayed in U.S. dollars. By confirming your purchase, you agree to pay all Fees plus applicable taxes and currency conversion fees.

Changes

We may change payment terms, pricing, billing mechanisms, or fee structures prospectively at any time.

Promotions

Promotional codes and offers (“Promotions”) may be modified or discontinued at any time, are void where prohibited, not transferable, not redeemable for cash, and may be subject to additional rules. If Promotion rules conflict with these Terms, Promotion rules govern.

Payment Processing

We may use third-party payment processors. While we use commercially reasonable efforts to secure payment information, we disclaim liability for third-party interception or unauthorized access, and you agree to hold SwimScore harmless for resulting damages.

Authorization; Verification; Cancellations; Pre-Authorizations

You represent you are authorized to use the payment method provided and that billing information is accurate. We may request additional information to verify transactions and may refuse or cancel orders for any reason (including fraud concerns, pricing errors, availability, or compliance). We may place pre-authorization holds; your issuer controls the hold duration.

Chargebacks

You agree not to initiate chargebacks without first contacting support to attempt resolution. Improper chargebacks may result in suspension/termination and restriction from future use.

California Notice

If you are a California resident, you may report complaints to the California Department of Consumer Affairs as described in Section 22.


11. Ownership of Service; Intellectual Property

The Service and all content, including all copyrights, patents, trademarks, service marks, trade names, logos, text, designs, graphics, icons, images, audio clips, downloads, interfaces, code and software, and the selection and arrangement thereof (collectively, “Content”), are proprietary and owned or controlled by SwimScore or its licensors and protected by U.S. and international intellectual property laws.

Limited License

A limited, revocable, non-transferable license is granted to temporarily download one copy of Content for personal, non-commercial, transitory viewing only. This is not a transfer of title or ownership.

You are strictly prohibited from copying, modifying, commercially using, publicly displaying, decompiling, reverse engineering, removing proprietary notices, or otherwise infringing SwimScore’s IP or licensors’ rights.

This license automatically terminates if you violate these Terms and may be terminated by SwimScore at any time, for any or no reason. Upon termination, you must destroy any downloaded materials in your possession.

Trademarks

SwimScore’s trademarks and logos are owned by SwimScore. Nothing grants any license to use any trademark without prior written permission.


12. Acceptable Use / Prohibited Conduct

You may use the Service only for lawful purposes and shall not:

  1. send spam or unsolicited messages in violation of law;

  2. transmit infringing, obscene, threatening, libelous, unlawful, or harmful material;

  3. transmit malware or harmful code;

  4. interfere with or disrupt the integrity or performance of the Service or its networks;

  5. scrape, crawl, harvest, or use automated systems to access the Service without permission.

We may revoke access immediately at our sole discretion.


13. User Content

Certain features may allow you to submit content (“User Content”). SwimScore may retain User Content indefinitely, even after account termination.

By submitting User Content, you grant SwimScore a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable license to use the User Content in any manner, including to create derivative works, without compensation or notice. You submit User Content at your own risk; we cannot control how other users may share or use it.

You represent you have rights to submit User Content and that it does not violate law or third-party rights.


14. Links to Other Websites; Third-Party Applications

The Service may link to third-party sites or applications. SwimScore does not control, endorse, or assume responsibility for third-party content, products, or services. Your use of third-party services is at your own risk and subject to their terms.


15. Modifications to the Service

We may review, improve, modify, or discontinue the Service (in whole or part) at any time without notice. We are not liable for any modification, suspension, or discontinuance.


16. Termination and Suspension

SwimScore may terminate or suspend your access at any time and for any reason, including for violation of these Terms or unlawful/inappropriate behavior, without refunding fees to the extent permitted by law. These Terms remain enforceable regarding your prior use.


17. Disclaimer and Limitations of Liability

THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SERVICE. YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE.

YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION OR MATERIALS ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.

APPLICABLE LAW MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES; TO THE EXTENT SUCH LAW APPLIES, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU. IF APPLICABLE LAW PROHIBITS LIMITATION OR EXCLUSION OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR OTHER MATTERS, LIABILITY WILL NOT BE LIMITED TO THE EXTENT OF SUCH PROHIBITION.


18. California Resident Waiver (Civil Code §1542)

If you are a California resident, you knowingly waive California Civil Code Section 1542 regarding unknown claims.


19. Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless SwimScore and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, arising from or in connection with (a) your use of, or activities in connection with, the Service, including any purchase; (b) violation of these Terms by you; and (c) the acts or omissions of any other user related to your use of the Service. If you fail to promptly indemnify and defend a covered claim, SwimScore may defend itself and you shall reimburse SwimScore for all associated costs and expenses. SwimScore reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.


20. Copyright Complaints; DMCA

SwimScore complies with the Digital Millennium Copyright Act (“DMCA”). If you believe content on the Service infringes your copyright, send a notice to our Copyright Agent with the required DMCA information (identification of work, infringing material, contact info, good faith statement, and statement under penalty of perjury).

DMCA Agent:

Email: [email protected]

Subject Line: “DMCA NOTICE”

Counter-notices must also meet DMCA requirements and be sent to the same contact.


21. Arbitration of Disputes; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

You and SwimScore agree that any and all disputes or claims arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration, rather than in court, except that either party may seek injunctive relief in court for infringement or misuse of intellectual property rights.

The Federal Arbitration Act governs interpretation and enforcement of this arbitration agreement. Arbitration will be administered by JAMS under its applicable rules. Unless you and SwimScore agree otherwise, arbitration will be conducted on an individual basis.

Class Action Waiver

YOU AND SWIMSCORE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

Mass Arbitration / Batching

If 25 or more arbitration demands asserting similar claims are filed by the same or coordinated counsel, the parties agree to resolve the demands in batches of up to 10. Only the first batch proceeds initially; remaining demands are stayed pending resolution of earlier batches. The arbitrator may award relief only on an individual basis.

30-Day Opt-Out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing [email protected] with your full name and a clear statement that you are opting out of arbitration. Opting out will not affect other provisions of these Terms.

Fees

Payment of arbitration fees will be governed by JAMS rules and applicable law.


22. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles, except where federal law governs (including the FAA for arbitration). Any court proceedings permitted under these Terms will be brought in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue there.


23. California Consumer Rights Notice (Cal. Civ. Code §1789.3)

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.


24. Notices; Electronic Communications Consent

You agree we may provide notices to you within the Service or to the contact information you provide (email, phone, address). You agree to keep your contact information current. You agree that electronic communications satisfy any legal requirement that such communications be in writing.


25. SMS and Email Terms

By providing your mobile number and/or email, you consent to receive transactional and administrative messages related to your account, orders, scheduling, care coordination, and service updates, and (if you opt in) marketing messages.

Message and data rates may apply. You may opt out of marketing texts by replying STOP. You understand that SMS and standard email are not always encrypted, and you consent to receiving communications that may be unencrypted.

Access to the Service is not conditioned on consent to receive marketing texts.


26. Severability

If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permitted by law, and the remainder will remain in full force and effect.


27. No Agency

No independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.


28. Entire Agreement

These Terms and the policies incorporated by reference constitute the entire agreement between you and SwimScore regarding the Service and supersede any prior agreements or communications on the subject.


29. Contact

Questions about these Terms or the Service:

SwimScore Support

Email: [email protected]

Legal (including arbitration opt-out and DMCA):

Email: [email protected]