Acceptance
Swilly is a product of Breakside Labs LLC, a Florida limited liability company ("Breakside Labs," "we," or "us"). By creating an account or using Swilly, you agree to these Terms. If you don't agree, don't use the service. Our Privacy Policy is incorporated into and forms part of these Terms. By using Swilly, you also agree to the Privacy Policy. These terms are written in plain English; they are not legal advice.
Eligibility and age
You must be at least 16 years old to create a Swilly account. If you create or manage a team, you confirm that you have the authority to bind that team and that you have the right — and any consent required by law — to add each player's information to your roster, including any players who are minors.
Your account
You're responsible for keeping your password and access tokens secret, and for activity under your account. Tell us right away if you suspect unauthorized access. We can suspend or terminate an account that abuses the service or breaches these Terms.
Your data and content
You keep ownership of the team data you upload — roster, events, games, tournaments, and so on. You grant us a license to host, process, and display it so we can run the product for your team. You are responsible for the information you enter about other people. If you add information about a player under the age of 18, you represent and warrant that you are the parent, legal guardian, coach, team administrator, or other person authorized to provide that information and to consent on the player's behalf where required by law.
Our intellectual property
Swilly, including its software, design, trademarks, logos, analytics models, databases, and other content, is owned by Breakside Labs LLC and protected by intellectual-property laws. Except for the limited right to use the service under these Terms, no rights are granted to you.
Aggregated and de-identified data
We may create aggregated and de-identified data and statistics from activity across all teams that use Swilly. This data does not identify you, any player, or any team. We may use and retain it to operate, secure, analyze, improve, benchmark, and market the service, and this use survives termination of your account. We do not sell personal data.
Acceptable use
Don't try to break into other teams' data, reverse-engineer or disrupt the service, scrape data you don't own, upload unlawful content, or use Swilly to harass anyone.
Premium, billing, and automatic renewal
Premium is sold per team at $49 per year, billed through our payment processor, Stripe. Premium subscriptions renew automatically each year at the then-current price, using the payment method on file, unless you cancel before the renewal date. You can cancel anytime from the billing portal; your access continues through the end of the paid period. We don't refund partial periods. We may change subscription pricing from time to time. Any price change will apply beginning with your next renewal period after notice has been provided.
Service availability
We aim for high availability but don't guarantee uptime. Maintenance, third-party outages, and bugs happen. We encourage you to export important data regularly. We do not guarantee that deleted or expired accounts can be restored.
Force majeure
We are not responsible for delays or failures caused by events beyond our reasonable control, including internet outages, cloud-provider failures, natural disasters, governmental actions, labor disputes, or cyberattacks.
Termination
You can stop using Swilly and delete your account anytime from the Account screen. We may suspend or terminate access for a material breach of these Terms. Sections that by their nature should survive — data ownership, aggregated-data use, disclaimers, the liability limit, and the dispute terms below — survive termination.
Disclaimers
Swilly is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Limitation of liability
To the maximum extent permitted by law, Breakside Labs is not liable for indirect, incidental, or consequential damages, and our total liability for any claim arising out of or relating to the service is limited to the amount you paid us in the 12 months before the claim arose.
Indemnification
You agree to indemnify and hold harmless Breakside Labs from any claim or demand arising from your violation of these Terms, your misuse of the service, or the content and data you submit (including player information).
Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute relating to Swilly or these Terms must be brought exclusively in the state or federal courts located in Duval County, Florida, and you consent to the personal jurisdiction of those courts.
Jury waiver, class-action waiver, and time to bring a claim
To the fullest extent permitted by law, you and Breakside Labs each waive the right to a trial by jury. You also agree to bring any claim only in your individual capacity, and not as a plaintiff or class member in any class, collective, or representative action. Any claim must be filed within one (1) year after the events giving rise to it; otherwise it is permanently barred.
Changes to the service or these terms
We may change Swilly or these Terms. Material changes will be surfaced in-app or by email. Continued use after a change means you accept the updated Terms.
Contact
Breakside Labs LLC. Questions or legal notices about these Terms: contact@swilly.team.