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Last updated: May 25, 2025

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the mobile application (the "App", "Software") or the website (the "Site") (such services, Software and the Site, collectively the "Service(s)")operated by MINSK LLC ("MINSK LLC", "Company"," "us", "we", or "our"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice.

License By installing and/or using using SwimPerfect, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Your use of SwimPerfect indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, MINSK LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use SwimPerfect in accordance with this Agreement and any other written agreement with MINSK LLC. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Services Description SwimPerfect is an interactive tool that helps competitive swimmers track their progress.

Access to this Service You must be thirteen (13) years or older to use the service. If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to use this service.

Acceptable Use of this Service You may not use, or encourage, promote or facilitate others to use the service for any illegal, harmful or offensive use. You may not transmit, store, display or distribute or otherwise make available content that is illegal, harmful or offensive. This list is not exhaustive and we may modify this policy at any time. Prohibited activities or content include:

• Any illegal activities, including advertising, transmitting or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
• Activities that may be harmful to others, our operations or reputation, our affiliates, licensors or users, including disseminating fraudulent goods, services, schemes, promotions, or engaging in other deceptive practices.
• Content that infringes or misappropriates the intellectual property or proprietary rights of others.
• Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
• Content that may damage, interfere with, surreptitiously intercept, or expropriate any system, program or data, including viruses, Trojan horses, worms, time bombs or cancelbots.
• Access without permission any networks, systems or databases ("System") used in providing MINSK LLC Service, including attempting to probe, scan or test the vulnerability of the System or to breach any security or authentication measures used by the System.
• Use any of the MINSK LLC Service in any manner that could damage, disable, overburden, or otherwise impair the MINSK LLC Service.
• Interfering with the proper functioning of MINSK LLC Service, including any deliberate attempt to overload the System by mail bombing, news bombing, broadcast attacks, flooding techniques, or denial of service attacks.

Copyright Restriction This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile SwimPerfect. Nor can you create any derivative works or other works that are based upon or derived from SwimPerfect in whole or in part. MINSK LLC's and SwimPerfect's name, logo and graphics file that represents MINSK LLC and SwimPerfect shall not be used in any way to promote products developed with SwimPerfect. MISNK LLC retains sole and exclusive ownership of all right, title and interest in and to MINSK LLC and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of SwimPerfect, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for MINSK LLC.

Limitation of Responsibility You will indemnify, hold harmless, and defend MINSK LLC, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of MINSK LLC's' Software. In no event (including, without limitation, in the event of negligence) will MINSK LLC, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, SwimPerfect or the use or inability to use SwimPerfect or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Warranties Except as expressly stated in writing, MISNK LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

Governing Law This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

Termination Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of SwimPerfect and destroy all copies of SwimPerfect supplied under this Agreement.

DISCLAIMER OF WARRANTY THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SwimPerfect AS WELL.

CONSENT OF USE OF DATA You agree that MINSK LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to SwimPerfect. MINSK LLC may also use this information to provide notices to you which may be of use or interest to you.