Terms and Conditions

Effective Date: 26th day of January, 2025

These terms and conditions (the "Terms and Conditions") govern the use of www.geekswimmers.com (the "Site"). This Site is owned and operated by Minimily Solutions. This Site is a Software as a Service for age-group swimmers and their parents.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property

All content published and made available on our Site is of public domain or the property of Minimily Solutions and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions

The minimum age to use our Site is 13 years old. By using this Site, users agree that they are over 13 years old. We do not assume any legal responsibility for false statements about age.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent; or
• Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Contributions

Users may post the following information on our Site:

• Photos;
• Personal results from competitions; and
• Public comments.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Accounts

When you create an account on our Site, you agree to the following:

• You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
• All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Services

These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

• Annual subscription to services related to competitive swimming;
• Management of Swim Meets; and
• Management of Swim Teams.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Subscriptions

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

We will send a notification about the automatic renewal one month before and three days before the renewal date. The user can cancel at any time before the next annual renewal date. If cancelled after the renewal date, it means the subscription was automatically renewed, and the user can continue using the service for the rest of the year, but the renewal will not happen automatically again.

Free Trial

We offer free trial of our services. When a visitor creates an account, all services can be used for free for thirty days free of charge. During this period, the user has unlimited access to all services online.

At the end of your free trial, the following will occur: You will automatically be billed our annually subscription rate according to the plan you selected. If you do not want to be billed, you will need to cancel your subscription before your free trial ends.

To cancel your free trial, please follow these steps: Log in to your account and select "Cancel Free Trial" under the "Account Profile" page.

Payments

We accept Credit Card as payment method.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Consumer Protection Law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

Minimily Solutions and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Minimily Solutions and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Province of Ontario.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Minimily Solutions are unable to resolve any dispute through informal discussion, then you and Minimily Solutions agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Minimily Solutions. The costs of any mediation will be shared equally between you and Minimily Solutions.

Notwithstanding any other provision in these Terms and Conditions, you and Minimily Solutions agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns:

Email: contact@geekswimmers.com

Privacy Policy

Effective date: 26th day of February, 2025

The purpose of this privacy policy (this "Privacy Policy") is to inform users of Geek Swimmers (the "Site"), owned and operated by Minimily Solutions, of the following:

• The personal data we will collect;
• Use of collected data;
• Who has access to the data collected;
• The rights of Site's users; and
• The Site's cookie policy.

This Privacy Policy applies in addition to the terms and conditions of our Site.

Consent

By using our Site users agree that they consent to:

• The conditions set out in this Privacy Policy; and
• The collection, use, and retention of the data listed in this Privacy Policy.

Personal Data We Collect

We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.

Data Collected Automatically

When you visit and use our Site, we may automatically collect and store the following information without association to your personal data that could identify you:

• Clicked links; and
• Content viewed.

Data Collected in a Non-Automatic Way

We may also collect the following data when you perform certain functions on our Site:

• First and Last Name;
• Date of Birth;
• Gender; and
• Email Address.

This data may be collected by creating an account. We can also collect Date of Birth and Gender in public pages without user identification.

How We Use Personal Data

Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy. The data we collect automatically is used for the following purposes:

• We use the data to monitor how the application is used for future improvements.; and
• Improve the experience of the user, by temporarily saving data in the session to reuse when needed.

The data we collect when the user performs certain functions may be used for the following purposes:

• Identify the user; and
• Filter data from standards and records using gender and age.

Who We Share Personal Data With

We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

We may share unidentified navigation and usage data with Google Analytics to understand how users use the application.

Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose.

We will not sell or share your data with other third parties, except in the following cases:

• If the law requires it;
• If it is required for any legal proceeding;
• To prove or protect our legal rights; and
• To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another site, please note that we are not responsible for and have no control over their privacy policies and practices.

How Long We Store Personal Data

User data will be stored until the purpose the data was collected for has been achieved. You will be notified if your data is kept for longer than this period.

How We Protect Your Personal Data

In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee's termination. While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

Children

The minimum age to use our website is 13 years of age. We collect the personal data of children under 13 years of age. We only collect the personal data of children under 13 years of age with the express consent of their parents or guardians and inserted directly by parents or guardians. This consent is collected in the swimmer's registration form.

How to Access, Modify, Delete, or Challenge the Data Collected

If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact our privacy officer:
Hildeberto Mendonca contact@geekswimmers.com (416) 838-0179

How to Opt-Out of Data Collection, Use or Disclosure

In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide opt-out method for the Direct email marketing. You can opt-out by clicking "unsubscribe" on the bottom of any marketing email or updating your email preferences under "Profile".

Cookie Policy

A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing choices. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may prevent you from using the Site.

We use the following types of cookies on our Site:

• Functional cookies: used to remember the selections you make on our Site so that your selections are saved for your next usage or visits; and

• Third-Party Analytics cookies: allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc.

Modifications

This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the bottom of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

Contact Information

If you have any questions, concerns or complaints, you can contact us at: contact@geekswimmers.com