Legal

Terms of Service & End User License Agreement

Last updated: May 12, 2026

These Terms of Service and End User License Agreement (collectively, the "Terms") form a binding contract between you ("you" or "User") and Euston Ventures LLC, a South Carolina limited liability company doing business as "SwerveNerd" ("SwerveNerd," "we," "us," or "our"). The Terms govern your access to and use of the SwerveNerd mobile application (the "App"), the website at swervenerd.com (the "Site"), and any related services we provide (collectively, the "Service").

Please read carefully. These Terms include important provisions covering automatic renewal of subscriptions (Section 5), a disclaimer of warranties (Section 13), a limitation of our liability (Section 14), and a binding individual arbitration clause and class-action waiver (Section 18). By creating an account, downloading, installing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms.

1. Eligibility & Accounts

You must be at least 13 years old to create an account. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed these Terms and consents to your use of the Service. The Service is offered worldwide where permitted by law; you are responsible for compliance with any local laws that apply to you.

To use most features of the Service, you must register for an account using Sign in with Apple or Google Sign-In. You agree to provide accurate information, to keep that information current, and to keep your sign-in credentials confidential. You are responsible for all activity that occurs under your account.

An account holder may add multiple skier profiles (for example, family members or friends). The account holder is responsible for the use of the Service by all skiers added to their account, including any minors. If you add a skier profile for a minor under 13, you represent that you are that minor's parent or legal guardian and that you consent on their behalf to the processing of data described in our Privacy Policy.

2. Description of the Service

SwerveNerd is a training-log application designed for slalom water-skiers. The App allows you to record sets and passes, capture equipment settings and notes, sync your data across devices, and export your data as JSON for analysis with third-party AI assistants. The Site provides documentation, prompt recipes, and other materials to help you analyse your data. We do not provide AI analysis as part of the Service; AI tools you use to analyse exported data are operated by third parties under their own terms and policies.

3. License Grant

Subject to your compliance with these Terms, SwerveNerd grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App on any Apple-branded device that you own or control, and to access the Site, in each case solely for your personal, non-commercial use. The Service is licensed, not sold, to you, and no title or ownership interest is transferred.

4. Restrictions

You agree that you will not, and will not permit any third party to:

copy, modify, translate, adapt, or create derivative works of the Service;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent applicable law expressly permits despite this limitation;
rent, lease, lend, sell, sublicense, distribute, or otherwise commercially exploit the Service or any part of it;
remove, alter, or obscure any proprietary notices on or in the Service;
use the Service to build, train, or improve any competing product or machine-learning model, or scrape any portion of the Site or App;
interfere with or disrupt the Service, or attempt to gain unauthorised access to any account, system, or data; or
use the Service in violation of any applicable law, regulation, or third-party right.

5. Subscriptions, Auto-Renewal, and Billing

Certain features of the App are available only with a paid subscription ("Subscription"). Subscriptions are sold through Apple's App Store and are governed by Apple's standard rules for in-app purchases.

5.1 Subscription Offerings

SwerveNerd currently offers the following auto-renewing Subscription options to its training-log Service (publication title: SwerveNerd Pro). The exact name, duration, content provided during each period, and current price (including the price per unit where applicable) of each Subscription are displayed on the in-app purchase screen and on the App Store listing before you confirm a purchase. Pricing may vary by region and may change over time as described below.

SwerveNerd Pro — Monthly: auto-renewing one-month Subscription, billed each month.
SwerveNerd Pro — Annual: auto-renewing twelve-month Subscription, billed once every twelve months.

Subscriptions unlock advanced features of the App — including expanded training-log capabilities and analytics — as described on the in-app purchase screen at the time of purchase. Some Subscriptions may include a free trial or introductory price; if so, the duration and conditions of the trial or introductory price will be disclosed on the in-app purchase screen before you confirm the purchase.

5.2 Payment & Auto-Renewal

Payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the cost of the renewing Subscription as shown in the App Store. The renewal price will be the then-current price for that Subscription, which may differ from the introductory price you may have paid for any free trial or introductory period.

5.3 Managing & Cancelling Your Subscription

You can manage your Subscription and turn off auto-renewal at any time by going to your Apple ID Account Settings on your device after purchase. No cancellation of the current Subscription is allowed during the active Subscription period. If you cancel auto-renewal, your Subscription will continue until the end of the current billing period and will not renew thereafter. Uninstalling the App does not cancel your Subscription.

5.4 Free Trials and Introductory Offers

If a Subscription includes a free trial or introductory price, any unused portion of the free trial will be forfeited when you purchase that Subscription, where applicable. Free trials and introductory offers are limited to one per Apple ID and per Family Sharing group, as determined by Apple. If you cancel during a free trial, your Subscription will not auto-renew at the end of the trial period and you will not be charged.

5.5 Refunds

Except as required by applicable law, payments are non-refundable and we do not provide refunds or credits for partial Subscription periods. Refund requests for App Store purchases must be directed to Apple in accordance with Apple's then-current refund policy at https://support.apple.com/en-us/HT204084.

5.6 Price Changes

We may change the price of a Subscription from time to time. Where required by applicable law or by Apple's rules, we will provide you with reasonable advance notice and an opportunity to consent to the new price before it takes effect. If you do not consent, your Subscription will not renew at the new price.

5.7 Subscription Data

Apple, our subscription-management provider RevenueCat, and SwerveNerd receive transaction and Subscription-status information (such as the product purchased, transaction identifier, start, renewal, and expiration dates, free-trial status, and active/expired/refunded status) so we can unlock paid features for the correct account, honour free trials, handle restores, and prevent fraud. SwerveNerd does not receive your credit-card number, billing address, or other full payment details. See our Privacy Policy for more detail on how Subscription data is handled.

6. Your Content

The Service allows you to submit, upload, and store content — including ski set data, pass data, equipment settings, notes, profile information, and exports (collectively, "Your Content"). As between you and SwerveNerd, you retain all rights you have in Your Content. You grant SwerveNerd a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, and process Your Content solely as necessary to operate, provide, secure, back up, and improve the Service for you and to perform our obligations under these Terms. This licence terminates when you delete Your Content or your account, except to the extent we are required or permitted to retain copies as described in our Privacy Policy.

You represent and warrant that you have all rights necessary to submit Your Content and that Your Content does not violate any third-party right or applicable law.

7. Acceptable Use

You agree not to use the Service to:

post or transmit content that is unlawful, infringing, defamatory, harassing, or otherwise objectionable;
impersonate any person or entity, or misrepresent your affiliation;
collect or harvest personal information about other users without their consent;
introduce viruses, worms, or other malicious code, or attempt to bypass security measures; or
use the Service in any way that could damage, disable, or impair the Service or interfere with any other party's use of the Service.

8. Third-Party Services & Content

The Service relies on, integrates with, or links to services operated by third parties — including Apple (Sign in with Apple, App Store, in-app purchase, App Analytics), Google (Google Sign-In, Firebase, Google Cloud), and any AI assistants you choose to use with your exported data. Your use of those services is governed by the terms and policies of those third parties. SwerveNerd is not responsible for the availability, accuracy, content, products, or services of third parties. Any pricing or analysis you obtain from a third-party AI assistant is not a SwerveNerd product, is provided "as is," and is not endorsed by SwerveNerd.

9. Intellectual Property

The Service, including all software, designs, text, graphics, logos, trade names, and other materials (excluding Your Content), is owned by SwerveNerd or its licensors and is protected by copyright, trademark, trade secret, and other intellectual-property laws. The marks "SwerveNerd," the SwerveNerd logo, and any product or service names of SwerveNerd are trademarks of Euston Ventures LLC. You may not use any of our trademarks without our prior written permission.

10. Feedback

If you submit suggestions, feedback, or ideas about the Service to us, you grant SwerveNerd a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate the feedback into the Service or other products without obligation or compensation to you.

11. DMCA & Copyright

We respect the intellectual property of others and expect users to do the same. If you believe that material on the Service infringes your copyright, please send a written notice to our designated agent at support@swervenerd.com that includes the elements required by the United States Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3). We may terminate the accounts of users who are determined to be repeat infringers.

12. Termination

You may stop using the Service at any time and delete your account through the in-app account settings or by contacting us. We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms, if your continued use poses a risk to the Service or other users, or as required to comply with law. Upon termination, the licences granted to you under these Terms will end. Sections that by their nature should survive termination — including Sections 4, 6, 9, 10, 13, 14, 15, 17, 18, and 20 — will survive.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SWERVENERD AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DATA YOU STORE WILL BE ACCURATE OR PRESERVED WITHOUT LOSS. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF YOUR CONTENT.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SWERVENERD, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (b) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

15. Indemnification

You agree to defend, indemnify, and hold harmless SwerveNerd and its officers, members, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

16. Changes to the Service or Terms

We may modify or discontinue any part of the Service at any time. We may also update these Terms from time to time. If we make material changes, we will provide notice through the App, the Site, or by other reasonable means before the changes take effect. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. Governing Law

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 18, the exclusive jurisdiction and venue for any action not subject to arbitration will be the state and federal courts located in Greenville County, South Carolina, and you consent to the personal jurisdiction of those courts.

18. Dispute Resolution; Binding Arbitration; Class Waiver

Please read this section carefully — it affects your rights.

Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@swervenerd.com. We will try to resolve the dispute by contacting you in writing. If we cannot resolve the dispute within 60 days, either party may begin a formal proceeding.

Binding arbitration. You and SwerveNerd agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in Greenville, South Carolina, or, at your election, in the U.S. county where you reside or by video conference. The arbitrator's award may be entered in any court of competent jurisdiction.

Class-action waiver. You and SwerveNerd agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Exceptions. Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction. Either party may also seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual-property rights.

Opt-out. You may opt out of this arbitration agreement by sending written notice to support@swervenerd.com within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and including your name and the email associated with your account. Opting out will not affect any other part of these Terms.

19. Apple-Specific Terms

The following provisions apply to your use of the App downloaded from the Apple App Store and supplement the rest of these Terms:

Acknowledgement. These Terms are concluded between you and SwerveNerd only, and not with Apple Inc. ("Apple"). SwerveNerd, not Apple, is solely responsible for the App and its content.
Scope of Licence. The licence granted in Section 3 is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and Support. SwerveNerd is solely responsible for providing any maintenance and support services for the App. Apple has no obligation to furnish any maintenance and support services for the App.
Warranty. SwerveNerd is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SwerveNerd.
Product Claims. SwerveNerd, not Apple, is responsible for addressing any of your or any third party's claims relating to the App or your possession and use of it, including: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks (if applicable).
Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual-property rights, SwerveNerd, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of that claim.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact Information. Direct any questions, complaints, or claims regarding the App to: Euston Ventures LLC, by email at support@swervenerd.com.
Third-Party Beneficiary. You and SwerveNerd acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

20. General

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and SwerveNerd concerning the Service and supersede all prior or contemporaneous agreements, representations, and understandings.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or of any other provision.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

Notices. We may give notice to you by email to the address associated with your account, by posting in the App, or by posting on the Site. You must give notice to us by email at support@swervenerd.com.

Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control.

21. Contact

If you have any questions about these Terms, please contact us at support@swervenerd.com.

Euston Ventures LLC
d/b/a SwerveNerd
South Carolina, USA