These Terms of Use (“Terms”) govern your access to and use of the Swea mobile application (“Swea”, the “App”, or the “Service”), operated under the Swea brand by Miharu Okajima(“Service Provider”, “we”, “us”, or “our”).
The App is available on the Apple App Store for iPhone, iPad, and other compatible Apple devices.
Please read these Terms carefully. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not download or use the App.
These Terms should be read together with our Privacy Policy.
1. Eligibility
You may use the App only if you are at least 12 years old. If you are a minor under the age of majority in your jurisdiction, you may use the App only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
By using the App, you represent and warrant that:
- You are at least 12 years old.
- You have the legal capacity to enter into a binding agreement, or, if you are a minor, that your parent or legal guardian has consented on your behalf.
- Your use of the App does not violate any applicable law or regulation.
2. Account Registration and Guest Mode
You may use the App in one of two ways:
- With an account: by creating an account using your email address, Sign in with Apple, or Google Sign-In.
- In Guest Mode: without creating an account, subject to limited functionality.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to your account.
You may delete your account at any time using the in-app account deletion feature available in the Settings screen.
3. License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use.
You may not:
- Copy, modify, adapt, translate, or create derivative works of the App.
- Reverse engineer, decompile, or attempt to extract the source code of the App, except to the extent that such restriction is prohibited by applicable law.
- Rent, lease, lend, sell, sublicense, or otherwise transfer the App to third parties.
- Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use.
- Use automated tools, bots, scrapers, or similar means to access or interact with the App.
- Circumvent, disable, or otherwise interfere with security-related features of the App.
- Use the App to violate any applicable law or regulation, or the rights of any third party.
All trademarks, copyrights, database rights, and other intellectual property rights in and to the App remain the property of the Service Provider or its licensors.
4. Subscriptions and In-App Purchases
Certain features of the App are available only through paid subscriptions or one-time purchases (collectively, “Paid Plans”).
4.1 Available Plans
We currently offer the following Paid Plans:
- Monthly Plan: billed monthly, auto-renewing.
- Annual Plan: billed annually, auto-renewing.
- Lifetime Plan: a one-time purchase granting access to the Pro features for as long as we operate the App (see Section 4.7).
Prices vary by region and may change over time. The current price and billing frequency are displayed in the App at the point of purchase.
4.2 Auto-Renewing Subscriptions
The Monthly Plan and Annual Plan are auto-renewing subscriptions. By purchasing an auto-renewing subscription, you agree to the following:
- Payment: Payment will be charged to your Apple ID account at confirmation of purchase.
- Auto-renewal: Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
- Renewal charge: Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period, at the price of the applicable plan then in effect (subject to Section 4.5 below).
- Managing your subscription: You can manage your subscription and turn off auto-renewal at any time by going to your Apple ID Account Settings after purchase.
- Cancellation: No cancellation of the current subscription is allowed during an active subscription period. You may cancel auto-renewal to prevent future charges.
4.3 Free Trials
If a free trial is offered, any unused portion of the free trial will be forfeited when you purchase a subscription. Unless you cancel at least 24 hours before the end of the free trial, your subscription will automatically renew at the applicable price.
4.4 Refunds
Refunds are handled by Apple in accordance with Apple’s applicable refund policies. To request a refund, please visit https://reportaproblem.apple.com/. We do not directly process refunds for App Store purchases.
Statutory rights to withdraw or refund under applicable consumer protection laws (for example, the 14-day right of withdrawal under EU law) are not affected by this Section.
4.5 Price Changes and Grandfathered Pricing
We may change the prices of our Paid Plans from time to time.
Grandfathered pricing: If you have an active subscription at the time of a price increase, you will continue to be charged at your original subscription price for as long as your subscription remains active and uninterrupted. If you cancel and later resubscribe, the current price at the time of resubscription will apply.
Apple may also require you to consent to any material price increase, and if you do not consent, your subscription may not renew.
4.6 Multiple Concurrent Plans
At any given time, multiple pricing tiers may exist in the App Store to reflect our grandfathered pricing policy. Only one plan may be active per user at a time. Purchasing a new plan while a previous plan is active may cause unintended results; please contact us if you experience any issue.
4.7 Lifetime Plan
The Lifetime Plan is a one-time purchase that grants you access to the Pro features of the App for as long as we continue to operate the Service. The Lifetime Plan does not guarantee perpetual access, and access will end if we discontinue the Service (see Section 12).
The Lifetime Plan is tied to the Apple ID used at the time of purchase. If you change Apple IDs, you may lose access to your Lifetime Plan, subject to Apple’s account and Family Sharing policies.
5. User Content
The App allows you to input, generate, and store certain content, including workout logs, custom exercises, routines, notes, images you take or select for your workouts and exercises, and generated workout summary images (collectively, “User Content”).
- Ownership: You retain ownership of your User Content.
- License to us: You grant us a limited, worldwide, royalty-free license to store, process, display, and back up your User Content solely to provide the App to you.
- Sharing: If you choose to share workout summary images or other User Content externally through Apple’s share sheet, you are solely responsible for the content and manner of sharing.
- Third-party image content: If you use Unsplash images through the App, your use is subject to Unsplash’s terms and license.
You represent and warrant that you have all necessary rights to your User Content and that it does not violate any law or third-party right.
6. Health and Fitness Disclaimer
Important: Please read this section carefully.
The App is a workout tracking and logging tool. It is not a medical device, and it does not provide medical, health, or professional advice, diagnosis, or treatment. The App is not intended to be used as a substitute for advice from a qualified healthcare professional.
- Before beginning any exercise program, changing your diet, or making other decisions that could affect your health, consult a qualified healthcare provider.
- You use the App at your own risk. We are not responsible for any injury, illness, or damage arising from your exercise activities, use of the App, or reliance on any content within the App.
- If you experience any pain, discomfort, or other symptoms while exercising, stop immediately and consult a qualified healthcare provider.
- The App may contain suggested exercises or metrics that may not be appropriate for all users. You are responsible for evaluating whether any suggested activity is appropriate for you.
If you have any medical condition, are pregnant, are recovering from an injury, or have any other health concern, do not use the App or any exercise information within it without first consulting a qualified healthcare professional.
7. Third-Party Services
The App integrates with and relies on the following third-party services, each of which has its own terms and conditions:
- Apple App Store and Apple LAAA: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
- Google (Firebase Services): https://firebase.google.com/terms
- Google Analytics for Firebase: https://firebase.google.com/policies/analytics
- Firebase Crashlytics: https://firebase.google.com/terms/crashlytics
- RevenueCat: https://www.revenuecat.com/terms
- Meta Platforms: https://www.facebook.com/legal/terms
- Expo: https://expo.dev/terms
- Unsplash: https://unsplash.com/terms
We are not responsible for the practices, policies, or content of these third-party services. Your use of third-party services is subject to their respective terms.
8. Relationship with Apple
The App is licensed to you, not sold. Apple is not a party to these Terms and is not responsible for the App or its contents. Notwithstanding the foregoing:
- These Terms are entered into between you and the Service Provider, not Apple.
- Apple’s Licensed Application End User License Agreement (LAAA), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, also applies to your use of the App. In the event of a conflict between these Terms and the Apple LAAA, the terms of these Terms shall apply to the extent they are consistent with the Apple LAAA. In the event of a conflict with a term of Apple LAAA that is more favorable to you as a consumer, the more favorable term shall prevail.
- The Service Provider, not Apple, is solely responsible for the App and its content.
- Apple has no obligation to furnish any maintenance or support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App to you, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.
- Apple is not responsible for addressing any claims by you or any third party relating to the App or your use of it.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and 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.
9. Updates and Availability of the App
We may release updates, patches, and new versions of the App from time to time. Some updates may be required to continue using the App. We may also add, modify, or remove features at any time.
We do not guarantee that the App will always be available, uninterrupted, or error-free. The App requires an active Internet connection for certain features. You are responsible for any charges from your mobile carrier or Internet service provider related to your use of the App, including data and roaming charges.
We are not responsible if you are unable to use the App due to:
- Lack of Internet connectivity.
- Exhausted data allowance.
- Device malfunction or battery depletion.
- Incompatibility with your device or operating system version.
10. Warranty Disclaimer
To the maximum extent permitted by applicable law, the App is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, or statutory.
We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and uninterrupted or error-free operation.
We do not warrant that:
- The App will meet your requirements.
- The App will operate without interruption, delay, or error.
- Defects will be corrected.
- The App is free from viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Service Provider, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of, or inability to use, the App.
Our total aggregate liability to you for all claims arising out of or in connection with these Terms or the App shall not exceed the greater of (a) the amount you paid us for the App in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) ten U.S. dollars (USD 10).
Nothing in these Terms excludes or limits our liability for:
- Death or personal injury caused by our negligence.
- Fraud or fraudulent misrepresentation.
- Any liability that cannot be excluded or limited under applicable law.
If you are a consumer residing in a jurisdiction where such limitations are not enforceable to their full extent (for example, certain U.S. states, the European Union, the United Kingdom, or Canada), the limitations in this Section shall apply only to the extent permitted by law.
12. Termination
You may stop using the App at any time by deleting your account and uninstalling the App from your device.
We may suspend or terminate your access to the App, in whole or in part, at any time and for any reason, including without limitation:
- Violation of these Terms.
- Suspected fraudulent, abusive, or unlawful activity.
- Extended periods of inactivity.
- Discontinuation of the Service.
If we terminate your access without cause and you are an active paid subscriber, we will provide reasonable notice where required by applicable law and, where required, a pro-rata refund for any unused portion of your subscription.
Upon termination, your license to use the App will end, and you must cease using the App. Sections of these Terms that by their nature should survive termination shall survive.
13. Changes to These Terms
We may modify these Terms from time to time. When we make material changes, we will notify you by updating the “Last Updated” date at the top of these Terms and, where appropriate, by providing additional notice through the App or by email.
Your continued use of the App after any changes take effect indicates your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App.
14. Governing Law and Jurisdiction
14.1 Governing Law
These Terms are governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles.
14.2 Consumer Protection Laws
If you are a consumer residing in a jurisdiction that provides mandatory consumer protection laws, including but not limited to:
- The European Union and the European Economic Area
- The United Kingdom
- Canada, including the Province of Quebec
- Applicable U.S. states
The mandatory provisions of those consumer protection laws shall apply and take precedence over any conflicting provision of these Terms.
14.3 Jurisdiction
Subject to Section 14.2, any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court in Japan as the court of first instance.
If you are a consumer in a jurisdiction where such an exclusive jurisdiction clause is not enforceable, you may also bring proceedings in the courts of your country of residence, as required by applicable law.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with our Privacy Policy and the Apple LAAA, constitute the entire agreement between you and us regarding the App and supersede any prior agreements.
15.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
15.5 No Agency
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.
15.6 Language
These Terms are drafted in English. Any translations are provided for convenience only. In case of any inconsistency, the English version shall prevail.
16. Contact Us
If you have any questions, concerns, or feedback about these Terms, please contact us at:
- Email: [email protected]
- Operator: Miharu Okajima, operating the Swea brand
These Terms of Use are provided for informational purposes and do not constitute legal advice. We recommend consulting with a qualified attorney regarding your specific rights and obligations.
