Please read the following Terms of Use (“Terms”) carefully before accessing the content of the SwimArdèche mobile software application (the “Service”) as provided by Theo Schoenmakers (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all 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.
Subscriptions
A paid subscription to “SwimArdèche” is required in order to access the data, images and functions provided by the Application. We offer four auto-renewable subscriptions: “Week”, “Month”, “Quarter” and “Year”. Your first subscription comes with a 3-day free trial; cancel within the first 3 days if you do not wish to be charged for your first subscription.
Subscriptions on iOS and iPadOS platforms are managed by Apple Inc.; please see Apple Media Services Terms and Conditions for the appropriate terms and conditions for your country.
Payment for the subscription will be charged to your Apple account upon confirmation of purchase. Subscription renews automatically unless canceled at least 24 hours before the end of the current period. Apple will notify you if the price of subscription changes, and if required, seek your consent to continue. Your account will be charged for renewal at the price listed within 24 hours prior to the end of the current subscription period.
If you wish to cancel your subscription to “SwimArdèche”, you may do so in the Subscriptions section of your Apple account settings or by going to Manage Subscription in the app’s Settings tab. In the event that subscription is cancelled for any reason, immediately following the last subscription period you will not be able to access the data, images and functions of the application.
Disclaimer
All information displayed in this app is based on publicly known bathing spots. You can find many more beautiful places to swim. The publicly recognised bathing spots that are regularly tested and monitored, are provided by French institutions such as the Ministère de la Santé et de la Prévention at https://baignades.sante.gouv.fr and https://data.gouv.fr . The displayed measurements information in this app is updated after new publicly available information becomes available and/or user-contributed information has been reviewed. There may be a delay between the availability of updated information and the availability of this information within the app. All information about a bathing site, including but not limited to features, water quality, etc., may be incorrect or out-of-date. The author explicitly advises users to check available information at the bathing site to know the most up-to-date state of the site.
Any mention should not be interpreted as an endorsement by the author or the institutions. All information is subject to change. Any damages, injuries, etc. incurred through the use of this app are the sole responsibility of the user. The author expressely declines all responsibility and the app user agrees to these terms by the use of the app. Internet access may be required for retrieving information, maps display, routing information and linked web page display.
Transfer of rights
When you submit data to be considered for inclusion in the app’s data or correction of such data, including but not limited to a swimming spot’s name, description, location, features, images, etc., you agree to the use and publication of such data and you relinquish all rights (intellectual, author or otherwise) to the submitted data without any remuneration whatsoever, so that these data may freely and unlimitedly be used in the context of this application.
Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.
If you wish to terminate this Agreement, you may simply discontinue using the Service by cancelling your subscription as outlined above.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part thereof.
Governing Law
These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you may no longer access the Service.
Privacy
Your privacy is governed by the policies set forth in our privacy policy.
Questions
If you have any questions about these Terms, please use the Contact option in the application.