Welcome to Swellea. These Terms of Service ("Terms") govern your access to and use of the Swellea mobile application, website, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms.
1. Eligibility
You must be at least 16 years old to create a Swellea account. Parents may create accounts to book lessons on behalf of minors. By using the Service, you represent that the information you provide is accurate and that you have the legal capacity to enter into these Terms.
2. Your Account
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activity that occurs under your account.
- You must notify us immediately of any unauthorised access or security breach.
- One person may not maintain multiple accounts of the same role except as expressly allowed.
3. The Service
Swellea is a marketplace that connects surfers, parents, instructors, and surf schools. We facilitate bookings, equipment rentals, payments, and communication between users. We are not ourselves a surf school, instructor, or equipment provider, and we do not deliver the lessons themselves.
4. Bookings, Payments & Cancellations
- Booking a lesson or rental creates a contract between the surfer and the school or instructor providing the service.
- Payments are processed through third-party providers; you agree to their terms.
- Cancellation and refund policies are set by each school and are displayed before booking.
- Swellea may charge service fees, which are disclosed at checkout.
5. User Conduct
You agree NOT to:
- Use the Service for any unlawful purpose or in violation of any applicable regulation.
- Impersonate any person or entity, or misrepresent your affiliation.
- Upload viruses, malware, or any harmful code.
- Attempt to gain unauthorised access to the Service or related systems.
- Harass, threaten, or harm other users.
- Post false, misleading, or fraudulent reviews.
- Scrape, copy, or reuse data from the Service without permission.
- Circumvent any access controls or fees by transacting off-platform after being introduced through Swellea.
6. Schools, Instructors & Reviews
- Schools and instructors are independent contractors, not employees or agents of Swellea.
- Schools are responsible for the quality, safety, and legality of the lessons and equipment they provide.
- Reviews must be honest, based on a genuine completed booking, and free of personal attacks.
- We reserve the right to moderate or remove content that violates these Terms.
7. Safety & Assumption of Risk
Surfing involves inherent risks including drowning, injury, and contact with marine life. You acknowledge and voluntarily accept these risks. You agree to follow the safety instructions provided by your school or instructor and to disclose any relevant medical conditions before lessons. Swellea is not liable for injuries, losses, or damages resulting from your participation in surfing activities.
8. Intellectual Property
The Service, including its design, code, logos, text, and graphics, is owned by Swellea and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for personal, non-commercial purposes consistent with these Terms.
9. Your Content
You retain ownership of content you submit (photos, reviews, profile text, etc.). By submitting content, you grant Swellea a worldwide, non-exclusive, royalty-free licence to host, display, reproduce, and distribute it as necessary to operate and promote the Service.
10. Termination
You may delete your account at any time via the app or by following our data deletion instructions. We may suspend or terminate your account if you violate these Terms, engage in fraudulent or harmful conduct, or as required by law. Sections that by their nature should survive termination (e.g., IP, liability, indemnity) will remain in effect.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWELLEA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SWELLEA IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).
13. Indemnification
You agree to indemnify and hold Swellea, its officers, employees, and partners harmless from any claim, damage, or expense arising out of your use of the Service, your content, or your violation of these Terms.
14. Governing Law & Disputes
These Terms are governed by the laws of Portugal, without regard to its conflict-of-law principles. Any disputes shall be submitted to the exclusive jurisdiction of the competent courts of Portugal, unless mandatory consumer protection laws apply.
15. Changes to These Terms
We may revise these Terms from time to time. We will notify you of material changes through the Service or by email. Continued use of the Service after changes become effective constitutes acceptance.
16. Contact
Swellea
Email: contact@swellea.com
Website: www.swellea.com