Terms of service: SwimSorted

The short version

SwimSorted is an app for pool-service businesses. It’s for work, not for personal use.
Dose suggestions are information, not instructions. The product label always wins, and your techs stay responsible for what goes in the water.
Your company is responsible for its work on pools. If someone makes a claim against us because of that work, your company covers us, except for any part that’s our fault.
The free trial is 14 days with everything on. No card needed.
If you don’t choose to pay, we never charge you, and nothing is deleted. You can still see, send and export everything.
Pay monthly. No contract. Stop any time from Manage billing on our website, or by email.
Not happy with your first paid month? Ask within 30 days and we’ll refund it.
Your records are yours. Export them any time.
New Zealand law applies.

About these terms

SwimSorted is made in Auckland, New Zealand. In these terms, “we” and “us” means SwimSorted Limited (being registered), Auckland, and “you” means the pool-service business that uses it, and everyone in its team.

By starting a company on SwimSorted, or joining one, you agree to these terms. If you agree for a business, you’re saying you’re allowed to.

Your company makes sure everyone in its team knows the parts of these terms that apply to their work, especially Chemical dose suggestions and What your company looks after.

If your company signed a founding pilot agreement with us, that agreement applies during the pilot. These terms apply from when the pilot ends.

For businesses only

SwimSorted is sold to businesses, for use in their business.

You confirm you’re getting SwimSorted in trade, for your business. We both agree it’s fair and reasonable that the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 don’t apply (section 43 of the Consumer Guarantees Act and section 5D of the Fair Trading Act).

Your customers (the pool owners) never sign up: they only get a report or open a visit link that your company sends them.

Your company and your team

The person who starts the company is its owner. The owner looks after billing and can make someone else the owner.
The owner and managers decide who joins, with a 6-digit join code, and approve each person. To take someone out of your team, the owner removes them on Team, or email us.
Everyone signs in with a one-time code sent to their own email. There are no passwords to share, so please don’t share sign-ins either.
You’re responsible for what your team does in SwimSorted, and for keeping your phones and computers locked and up to date.
Tell us straight away at [email protected] if you think someone has got into your account who shouldn’t have.

The free trial

A new company gets 14 days free, with every feature switched on and no payment card needed.
Need a bit longer to decide? Ask us, and we can give your company one more 14 days, once.
When the trial ends, you choose whether to pay. If you don’t, we never charge you.
Nothing is deleted. You can still sign in to look at, send and export every pool, visit and report. You just can’t test or save new visits until you choose to pay. We keep your records while your account exists, and you can ask us to delete them at any time.

Fees

You pay per active tech, per month, plus GST, at the prices on our website’s pricing page when you start paying.
An active tech is someone who saved at least one visit in the 30 days before the bill. At least one tech is always billed.
Owner and office logins that don’t do visits are free.
Before each bill we count your active techs, so quiet months cost less and busy months cost more.
Founding companies keep the price in their sign-up email for 24 months from sign-up. After that, the normal price applies, and we tell you 90 days before.
Your price won’t go up for 24 months from sign-up. After that, if we raise our prices, we’ll email the owner at least 90 days before the rise applies to you, and you can cancel before then at no cost.

How you pay

Monthly, in advance, through our payment provider Stripe, by card, and from a New Zealand bank account where Stripe offers it. Card and bank details go to Stripe, never to us.
The owner signs in on our website’s company page and taps Choose to pay to start. Later, Manage billing opens Stripe’s secure page to change the card or bank account, see invoices, or cancel.

Stopping

There’s no contract. Stop any time: on our website, the owner taps Manage billing and cancels on Stripe’s page. Or email us and we’ll do it for you.
Your plan stops at the end of the month you’ve already paid for. There’s no cancellation fee.
After that, it works like the end of the trial: nothing is deleted, and you can still see, send and export everything.

Money back on your first paid month

If your first paid month isn’t worth it, email us within 30 days of paying and we’ll refund that month in full. No conditions, and no need to explain.

If a payment fails

We (and Stripe) will tell the owner. Fix it in Manage billing within 14 days to keep saving visits. After 14 days, SwimSorted becomes read-only for your company until it’s paid. Nothing is deleted: you can still see, send and export everything while your account exists, or ask us to delete it.

Chemical dose suggestions

SwimSorted suggests chemical doses and shows water-test results against target ranges. The suggestions are information to help a trained person decide. They aren’t instructions.

If anything in SwimSorted disagrees with a product label, the label wins.
You, and your techs, stay responsible for how water is tested and chemicals are added: following the product label, the supplier’s safety data sheet, your own procedures, and any law or standard that applies (for example NZS 5826 for pool water, and WorkSafe’s rules for hazardous substances).
You make sure the product names and strengths in SwimSorted match the bottles your techs actually use. A wrong strength gives a wrong suggestion. The app has safety limits and typo checks, but it can’t see what’s in the van.
A dose can only be as good as the readings and the pool size typed in. Check the litres on each pool.
“Swim ready” means every reading your tech entered was within the target ranges and nothing needed adding. It’s based only on those readings: it isn’t a guarantee that the water is safe. When chemicals were added, SwimSorted never says swimming is fine and never gives a wait time. Any wait time on a report is your tech’s own note.

Dose suggestions are a starting point, not an instruction. The app calculates from the readings, pool volume and product strength you enter. The product label, safety data sheet and your company’s procedure always take priority; where a suggestion exceeds the label rate, use the label rate. Suggestions are for use by trained pool-service staff only, never by untrained people or the public, and are not a substitute for their judgement, local public-health rules or a retest. We do not warrant that any reading or dose is accurate. To the extent the law allows, our liability is limited as set out in What we’re responsible for: the fees you paid in the previous 12 months, or NZ$100 if that’s more. Nothing excludes liability for death or personal injury caused by our negligence, or rights under the Consumer Guarantees Act, Fair Trading Act or Australian Consumer Law that cannot be excluded.

The product names, strengths, target ranges and units SwimSorted starts with follow the country your company picks (New Zealand, Australia or the United Kingdom). They’re a starting point too: check them against your own products and labels. In the United Kingdom: use biocides safely. Always read the label and product information before use.

What your company looks after

Your company does the work on the pools. SwimSorted is a tool your team uses to do it. So your company makes sure that:

Your staff are trained and competent to test water and to handle, store and add pool chemicals, and have the safety gear the label and safety data sheet ask for.
The numbers you put in are right. You check the litres for each pool, and the names and strengths of the products you enter, and keep them up to date. A wrong pool size or strength gives a wrong suggestion.
You follow the rules that apply to your work: product labels and safety data sheets, NZS 5826 for pool water, the hazardous substances rules (the HSNO Act, and WorkSafe’s rules under the Health and Safety at Work Act), and any council or public-health rules.
Dose suggestions go only to your trained staff. Don’t let untrained people, pool owners or the public dose from SwimSorted, and don’t pass a suggestion on to them as an instruction.
You don’t tell anyone that SwimSorted guarantees their water is safe, or that SwimSorted checked their pool. Your company and your techs decide what goes in and when it’s fine to swim.
You keep your own records that the law asks of your company (for example health and safety and hazardous substances records). SwimSorted helps, but export your records regularly so it isn’t your only copy.
Your health and safety duties stay with your company. Using SwimSorted doesn’t move any of your duties under the Health and Safety at Work Act 2015 to us.

Invoices and files

When your company uses SwimSorted to make invoices for its customers (the Invoices Extra) or files for Xero, MYOB or payroll, your company is the supplier on them, not us. You set the prices, the tax settings and what’s charged, and you check each one before it goes out.
We don’t give tax, accounting or legal advice. Ask your accountant whether an invoice or a file is right for your business.
Once report emails are switched on, the visit reports emailed to your customers are sent in your company’s name (“Your company via SwimSorted”), and replies go to your company’s own email. Your company decides who gets them, and can switch them off.

Your data

Your company owns its records. We hold them on your behalf, and use them only to run SwimSorted for you (and for statistics that can’t identify anyone). We never sell them or use them for advertising.
For the people in your records (your staff and your customers), your company is in charge under the Privacy Act 2020. You give them any notices the Act needs. Our privacy policy says what we collect, where it’s kept, and how we keep it safe.
You can export your visits, chemicals and hours as spreadsheets at any time, during the trial, while you pay, and after you stop.
When a company leaves, it has a month to export everything. Then we delete its data within 90 days, and backup copies are gone within 30 more days. We keep invoices as tax law requires.
If we find out about a privacy breach affecting your data, we’ll tell you without delay, within 72 hours at the latest, and help you tell the Privacy Commissioner and anyone affected when the law requires it.

Using SwimSorted fairly

Please don’t:

try to get into another company’s data, or test or break our security;
copy, resell or rebuild SwimSorted, or overload it on purpose;
put in anything unlawful, or information about people you don’t have the right to use;
use the team chat or customer messages to harass anyone.

If a company does, we can pause its access. We’ll tell the owner why, unless the law stops us.

How SwimSorted works, and its limits

No signal: the app saves work on the phone first and sends it when there’s signal. Work that hasn’t been sent yet is only on that phone. Keep phones updated, and don’t delete the app while it shows changes waiting to send.
Not for emergencies: SwimSorted isn’t built for emergencies, or for anything where a delay could hurt someone. Ring the emergency services, or the person, for anything urgent.
Keeping it running: we work hard to keep SwimSorted up and your data safe, but we can’t promise it will never be down or never have a fault. We may need short breaks for maintenance.
“Coming” and “Beta”: features marked “Coming” or “Beta” may change or stop, and aren’t promised by any date. We don’t charge extra for them.

Help

Email [email protected], or message us from the app (More, then Questions and help). A real pool tech replies within one NZ working day.

What we’re responsible for

We take reasonable care building SwimSorted, and we’re responsible for our own mistakes, within the limits below.
We aren’t liable for indirect loss, such as lost profit, lost business or lost time.
Our total liability to your company, for everything, is limited to the fees your company paid us in the 12 months before the claim, or NZ$100 if that’s more (for example during the free trial, a founding pilot or the first paid month).
Nothing in these terms limits any liability that the law doesn’t allow to be limited.
Whatever goes wrong, both of us take reasonable steps to keep the loss down.

If someone makes a claim

Your company is responsible for the work it does on pools, and we’re responsible for SwimSorted itself. So if someone (your customer, a pool owner, a swimmer, one of your staff, or anyone else) makes a claim against SwimSorted because of:

how your company tested water, or added, stored or handled chemicals, or any other work it did at a pool;
what your company or its staff put into SwimSorted (such as pool sizes, readings, products and strengths), or a choice not to follow a label, a safety data sheet or a retest;
your company breaking these terms, or the law,

your company covers SwimSorted for that claim: the reasonable costs of dealing with it (including reasonable legal costs) and anything we have to pay because of it.

This doesn’t apply to the extent the claim was caused by our own negligence or our breach of these terms. If both of us played a part, each pays its fair share.

To keep it fair, we’ll tell your company about the claim promptly, let your company take charge of defending it if it wants to (at its own cost), not settle it without your company’s agreement (which it won’t refuse unreasonably), and take reasonable steps to keep the cost down.

This doesn’t cover fines. The law doesn’t allow anyone to be covered for their own health and safety fines, and nothing here changes anyone’s duties under the Health and Safety at Work Act 2015.

If we stop working together

You can stop any time (see Stopping).
We can end your company’s use of SwimSorted if these terms are seriously broken and it isn’t put right after we’ve told the owner.
Either way, you get a month to export everything.

Changes to these terms

If we change these terms, we’ll update the date at the top. If a change matters, we’ll tell company owners in the app or by email at least 30 days before it starts.

New Zealand law

These terms are governed by New Zealand law, and New Zealand courts can decide any dispute. If something goes wrong, please talk to us first: most things are fixed with one email.

We don’t sell in Australia yet. When we do, we’ll add what the Australian Consumer Law needs.

Contact

Email [email protected] about anything in these terms.