Terms of Use

Accepting these terms

These Terms of Use are an agreement between you and Borah Logistics LLC. They govern your use of the ClearToSwim app and this website. By downloading, signing in to, or using ClearToSwim, you agree to these terms and to our privacy policy. If you do not agree, do not use the app.

You must be at least 13 years old, and old enough to enter a binding agreement where you live, to use ClearToSwim. The app is meant for adults supervising or using a pool.

What ClearToSwim is, and what it is not

ClearToSwim is an informational tool. It reads lightning detection data, compares it to a pool location you set, and shows a simple stoplight so a decision is easier to make. That is all it is. It is not a safety device, not a lightning detector of its own, not a substitute for a lifeguard or an official warning, and it does not assure any outcome. It does not make anyone safe and it does not remove the risk of a storm.

The person at the pool always makes the final call. If you see lightning or hear thunder, leave the water and take shelter, whatever the app shows. Follow the instructions of lifeguards, facility staff, and official weather warnings first, and treat ClearToSwim as one more input, never as the decision.

Lightning detection is imperfect and delayed

Lightning detection is never complete and never instant. Reports take time to detect, process, and deliver to your phone. No detection network catches every strike, positions are approximate, and coverage and accuracy vary by place, by weather, and by the source we read. A network outage, a data delay, or a lost connection can leave the app showing a state that is stale, and the app can be wrong in either direction: it can show open when a storm is closer than it appears, and it can show closed after the sky has cleared.

Because of that, you use the information at your own risk, and you are responsible for decisions you or others make with it. We are not liable for those decisions or for their consequences.

Your account

ClearToSwim requires an account. You can sign in with Apple, with Google, or, for accounts provisioned with one, with an email address and password, and you are responsible for keeping access to whichever method you use. You agree that the information you give us is accurate, and that you will not use someone else's account without permission. You are responsible for activity that happens under your account. You can delete your account inside the app at any time, which permanently removes the account and the data stored under it, as described in the privacy policy.

Subscriptions and billing

ClearToSwim has a free version that is supported by ads, and a paid subscription, ClearToSwim Pro, that adds features and removes ads. Pro is offered as an auto-renewable subscription on a monthly or yearly term. Prices are shown in the app before you buy and vary by region.

All purchases are handled by Apple through your Apple Account. We never see or process your payment details. Payment is charged to your Apple Account when you confirm the purchase. A subscription renews automatically for the same term, at the then-current price, unless you cancel at least 24 hours before the current period ends. You manage or cancel a subscription in your Apple Account settings on your device, under Subscriptions in iOS Settings, not inside ClearToSwim. Turning off auto-renewal stops the next charge and lets the current period run out.

Refunds and billing questions are handled by Apple under Apple's terms and its usual policies. If a subscription is active on your Apple Account through Family Sharing, the subscription benefit follows Apple's Family Sharing rules. We may change prices or the features included in a plan; where a change affects an active subscription, it takes effect at the next renewal, and your continued use after that renewal is your acceptance of the change.

Acceptable use

You agree to use ClearToSwim only for its intended purpose, and to follow the law while you do. You agree not to:

• copy, resell, sublicense, or redistribute the app or its data as a standalone product;
• reverse engineer, decompile, or try to extract source code, except where the law expressly allows it;
• interfere with, overload, or attempt to gain unauthorized access to our servers, the app, or another person's account;
• scrape, harvest, or bulk-download data from the service, or build a competing dataset from it;
• use the app in a way that could injure a person or damage property, or represent its output to others as a promise of safety.

Intellectual property and your license

ClearToSwim, including the app, this website, the name, the stoplight design, the logo, the text, and the underlying software, is owned by Borah Logistics LLC and is subject to copyright, trademark, and other intellectual property rights. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the app for your own use, on devices you own or control, under these terms. All rights we do not expressly grant are reserved. This license ends if you stop using the app or if these terms end.

Disclaimer of warranties

To the fullest extent the law allows, ClearToSwim and this website are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. We disclaim the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the app will be accurate, current, uninterrupted, error-free, or available at any given moment, that it will detect any particular strike, or that it will be suitable for any specific purpose. As stated above, ClearToSwim is not a safety device and makes no promise about anyone's safety.

Limitation of liability

To the fullest extent the law allows, Borah Logistics LLC and the people who work with it will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, loss of use, or personal injury, arising out of or relating to your use of, or inability to use, ClearToSwim, even if we have been told such damages are possible. This includes any harm connected to a decision made with the app's output. Where liability cannot be excluded, our total liability for all claims relating to the app is limited to the greater of the amount you paid us for the app in the twelve months before the claim, or twenty-five United States dollars. Some places do not allow some of these limits, so parts of this section may not apply to you.

Termination

You can stop using ClearToSwim at any time and delete your account inside the app. We may suspend or end your access if you break these terms, misuse the service, or create risk for other users or for us. If your access ends, the sections of these terms that by their nature should continue, including intellectual property, disclaimers, limitation of liability, and governing law, stay in effect. Deleting your account does not by itself cancel an Apple subscription; cancel that in your Apple Account settings as described above.

Changes to these terms

We may update these terms. When we do, we will change the effective date above, and for material changes we will make reasonable effort to say so in the app or on this site. Your continued use of ClearToSwim after an update means you accept the updated terms.

Governing law

These terms are governed by the laws of the State of Alabama, United States, without regard to its conflict-of-laws rules. Nothing in these terms limits any right you have under the mandatory consumer laws of the place where you live. Your use of the app through the App Store is also subject to Apple's terms, including Apple's standard licensed application end user license agreement, which applies in addition to these terms; where the two conflict as to the app itself, Apple's licensed application terms control for that conflict.

Contact

Questions about these terms go to our support page, where a person will answer. You can also reach us at support@cleartoswim.com.

Borah Logistics LLC, Dothan, Alabama, United States

ClearToSwim is an informational aid, not a safety guarantee. Always follow official warnings. If you see lightning or hear thunder, get out of the water and take shelter in a substantial building or a hard-topped vehicle. Wait until 30 minutes after the last thunder before returning to the water.