Terms of Use | Swim Evals

These Terms of Use (the “Terms”) govern your use of Pop’n Times, a swim-critique service operated by Nacula LLC dba Pop'n Times in Walnut Creek, California (“we,” “us,” or “our”). By creating an account or using the Service, you agree to these Terms.

The Service

Pop’n Times lets you upload swim videos and receive video and written feedback from a coach. Feedback is the coach’s personal opinion about technique. It is not medical, safety, or professional training advice, and it is not a substitute for in-person coaching, supervision, or a qualified lifeguard.

Eligibility and accounts

You must be at least 18 years old to create an account. If you are submitting videos of a minor, you confirm that you are the parent or legal guardian of that child and consent to the child’s appearance in the submission. You are responsible for all activity on your account and for keeping your sign-in credentials secure.

Your content

You keep ownership of the videos, notes, and other content you submit (“Your Content”). You grant us a limited, worldwide, royalty-free license to host, store, transmit, and display Your Content for the sole purpose of operating the Service and delivering critiques to you. We will not use Your Content for marketing, training models, or any other purpose without your permission.

You are responsible for Your Content. By submitting it, you represent that you have the rights to do so and that the content does not violate anyone’s privacy, publicity, or intellectual property rights.

Acceptable use

Don’t use the Service to:

Upload content of a person without the right to do so.
Upload anything unlawful, harassing, sexually explicit, or otherwise inappropriate.
Attempt to access another user’s account or our backend in unauthorized ways, or interfere with the Service.
Resell, repackage, or commercially redistribute critiques you receive without our written permission.

Critiques and feedback

Critiques are delivered when a coach is available. We don’t guarantee a turnaround time. A coach may decline to critique a submission, for example if it is unclear or out of scope.

Beta period

The Service is currently in beta and provided free of charge. Features may change, break, or be removed without notice. We may introduce paid plans in the future; if we do, we’ll let you know before any charges apply.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Termination

You can stop using the Service and request account deletion at any time. We may suspend or terminate access to the Service if you violate these Terms or if we need to do so for legal or safety reasons.

Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in Contra Costa County, California.

Changes

We may update these Terms from time to time. If we make material changes, we’ll update the “Last updated” date and, for significant changes, notify you in the app. Your continued use of the Service after an update means you accept the revised Terms.

Contact

Questions about these Terms? Email genevieve@swimwithgenevieve.com.