These Terms of Service ("Terms") govern access to and use of Breakout Aquatics websites, applications, software, and related services (collectively, the "Services").

By creating an account, purchasing or using the Services, or accessing a Breakout Aquatics workspace, you agree to these Terms.

If you are using the Services on behalf of a team, organization, business, or other entity, you represent that you have authority to accept these Terms on behalf of that entity.

1. The Services

Breakout Aquatics provides software intended to assist swimming coaches, teams, organizations, and independent coaches with managing swimming program operations.

Features may include:

• Team and organization management
• Pool and facility management
• Training group management
• Swimmer roster management
• Practice scheduling
• Lane chart and lane assignment management
• Attendance tracking
• Staff and permission management
• Import and export functionality
• Other tools made available through the Services

We may add, modify, improve, or remove features from time to time.

2. Eligibility and Accounts

The Services are intended for authorized coaches, administrators, organizations, and other adults responsible for operating swimming programs.

You are responsible for providing accurate account information and for keeping your login credentials secure.

You may not share credentials in a manner that allows unauthorized users to access the Services.

You are responsible for activity conducted through your account unless that activity results from a security incident caused by Breakout Aquatics.

If you believe your account has been compromised, you should notify Breakout Aquatics promptly and reset your credentials.

3. Customer Administrators and Users

Certain accounts may have administrative authority over a team or organization.

Customer administrators may be able to add users, assign roles, restrict access, manage team information, and perform other administrative functions.

Customers are responsible for deciding which individuals should receive access to their workspace and for assigning appropriate permissions.

Breakout Aquatics is not responsible for access granted by a customer administrator to an individual who should not have received that access, except where unauthorized access results from a failure of the Services' permission controls.

4. Independent Coach Accounts

Breakout Aquatics may offer account plans intended for independent coaches.

An Independent Coach plan may be limited to a single team workspace and may not include staff-management functionality available under other plans.

Additional features, limits, or restrictions applicable to a particular subscription or plan may be described at the time of purchase or in related ordering materials.

5. Customer Data

Customers retain responsibility for the information they enter, upload, import, or otherwise provide through the Services ("Customer Data").

Customer Data may include information relating to:

• Teams and organizations
• Coaches and staff
• Swimming facilities
• Training groups
• Swimmers
• Dates of birth
• Attendance
• Practices and schedules
• Lane assignments

You represent that you have the rights, permissions, authority, and consents reasonably necessary to provide Customer Data to Breakout Aquatics and to permit us to process that data for the purpose of providing the Services.

Breakout Aquatics does not claim ownership of Customer Data.

You grant Breakout Aquatics the limited right to host, process, transmit, reproduce, back up, and otherwise use Customer Data only as reasonably necessary to operate, secure, support, and provide the Services.

6. Information About Minors

Swimming organizations and coaches may use the Services to manage information relating to swimmers who are minors.

Breakout Aquatics is designed for information to be entered and managed by authorized adults such as coaches, administrators, and organizations.

Customers are responsible for complying with any laws, regulations, policies, organizational requirements, or consent requirements applicable to information about minors that they choose to enter into the Services.

The Services are not intended to provide children with independent accounts for directly submitting personal information.

7. Acceptable Use

You agree not to misuse the Services.

You may not:

• Access information or accounts you are not authorized to access
• Attempt to bypass authentication, authorization, or security controls
• Probe, scan, or test the Services for vulnerabilities without written authorization
• Introduce malware, malicious code, or other harmful materials
• Interfere with the normal operation of the Services
• Use the Services for unlawful, fraudulent, abusive, or harmful purposes
• Upload information that you do not have authority to provide
• Attempt to access another customer's data without authorization
• Reverse engineer or attempt to obtain the source code of the Services except where such restrictions are prohibited by applicable law
• Resell, sublicense, or provide the Services to third parties unless authorized by Breakout Aquatics

8. Subscription Plans and Fees

Certain Services may require payment of subscription, license, or other fees.

Pricing, subscription periods, included features, and applicable limits will be provided at the time of purchase, quotation, invoice, or order.

Unless otherwise stated in writing, fees are quoted in U.S. dollars.

Customers are responsible for applicable taxes, duties, or similar governmental charges associated with their purchase, except taxes based on Breakout Aquatics' net income.

9. Renewals and Cancellation

The renewal terms applicable to a subscription will be disclosed when the subscription is purchased or renewed.

Customers may request cancellation in accordance with the terms associated with their subscription or customer agreement.

Cancellation of a subscription does not necessarily result in immediate permanent deletion of Customer Data.

Data retention and deletion are handled as described in our Privacy Policy and applicable customer agreements.

10. Data Export and Portability

Breakout Aquatics may provide features that allow authorized users to export certain Customer Data, including swimmer roster, attendance, and practice schedule information.

Customers are responsible for securing exported information after it leaves the Breakout Aquatics platform.

11. Suspension

Breakout Aquatics may suspend or limit access to the Services where reasonably necessary to:

• Protect the security of the Services
• Prevent unauthorized or fraudulent use
• Address a material violation of these Terms
• Respond to legal or regulatory requirements
• Address unpaid amounts that remain outstanding after reasonable notice

Where practical, we will attempt to provide notice before suspending a customer account unless immediate action is reasonably necessary to protect the Services or other users.

12. Termination and Data Deletion

Customers may request termination of their organization or workspace.

Breakout Aquatics may provide a recovery period before permanent deletion of Customer Data.

Our current deletion process may provide a 30-day recovery period after an organization is scheduled for deletion.

Customers should export any information they wish to retain before requesting permanent deletion.

Once permanent deletion has been completed, deleted operational data may not be recoverable from active systems. Certain information may remain temporarily in backups or may be retained when reasonably necessary for legal, financial, security, or dispute resolution purposes.

13. Intellectual Property

The Services, including the software, source code, design, interfaces, documentation, branding, graphics, and other materials provided by Breakout Aquatics, are owned by Breakout Aquatics or its licensors and are protected by applicable intellectual property laws.

Except for the limited right to use the Services under these Terms, no ownership rights are transferred to you.

"Breakout Aquatics" and associated names, logos, and branding may not be used without authorization.

14. Feedback

If you voluntarily provide suggestions, ideas, feature requests, or other feedback regarding the Services, you agree that Breakout Aquatics may use that feedback to develop, improve, and operate the Services without restriction or compensation to you.

15. Service Availability

We work to provide reliable access to Breakout Aquatics, but uninterrupted or error-free operation cannot be guaranteed.

The Services may occasionally be unavailable due to maintenance, software updates, infrastructure issues, Internet outages, security events, or other circumstances.

Breakout Aquatics may perform planned or emergency maintenance when reasonably necessary.

16. Third-Party Services

Portions of Breakout Aquatics may depend on third-party infrastructure or services such as hosting, email, Internet connectivity, security, monitoring, or other technology providers.

Breakout Aquatics is not responsible for third-party websites or services that customers independently choose to use outside the Services.

17. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

Breakout Aquatics does not guarantee that the Services will be uninterrupted, completely error-free, or suitable for every customer's particular purpose.

Breakout Aquatics is a software management platform and does not provide medical, safety, legal, employment, training, or professional coaching advice.

Coaches, teams, and organizations remain responsible for swimmer supervision, training decisions, athlete safety, emergency procedures, facility safety, and compliance with applicable rules and policies.

18. Limitation of Liability

To the fullest extent permitted by applicable law, Breakout Aquatics will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, goodwill, or business opportunities arising from or relating to the Services.

To the fullest extent permitted by applicable law, Breakout Aquatics' aggregate liability arising from or relating to the Services will not exceed the amounts paid by the customer to Breakout Aquatics for the Services during the twelve months preceding the event giving rise to the claim.

Some jurisdictions may not allow certain limitations or exclusions of liability, so some of the limitations above may not apply in every circumstance.

19. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Breakout Aquatics and its owners, officers, employees, and agents from claims, damages, liabilities, and reasonable costs arising from:

• Your unlawful use of the Services
• Customer Data you provide without appropriate authority
• Your material violation of these Terms
• Your infringement or violation of another person's rights

20. Governing Law

Unless otherwise provided in a separate written customer agreement, these Terms will be governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

21. Changes to the Services or Terms

We may update these Terms from time to time to reflect changes to the Services, business practices, legal requirements, or security needs.

When material changes are made, we will update the effective date shown at the top of these Terms and may provide additional notice where appropriate.

Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms where permitted by applicable law.

22. Entire Agreement

These Terms, together with the Privacy Policy and any applicable order, subscription terms, or separate written customer agreement, constitute the agreement governing use of the Services.

If a separate written agreement between Breakout Aquatics and a customer conflicts with these Terms, the separate written agreement will control to the extent of the conflict.

23. Contact Us

Questions about these Terms may be directed to:

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Last updated: August 10, 2026