Draft — pending legal review. This Terms of Service is engineering-drafted from the spec (§9.8.7) and has not been reviewed by counsel. It is a launch-blocking item (§9.8.9 #11). Do not rely on this language in production until the review is complete.

Legal

Terms of Service

Effective April 22, 2026. Last updated April 22, 2026.

1. Acceptance

By creating an account, subscribing, or otherwise using College Bound Swim Club (“CBSC”), you agree to these Terms of Service and to our Privacy Policy. If you do not agree, do not use the service.

2. Eligibility

  • Account owners must be at least 18. Only a parent or legal guardian may create a CBSC family account.
  • Swimmers must be at least 13.CBSC rejects sign-ups for any swimmer who would be under 13 at account creation. Our product is deliberately structured to be out of scope for the Children’s Online Privacy Protection Act (COPPA).
  • Coaches must use an institutional email address and complete our verification flow before seeing the coach directory. See §7 below.

3. The service

CBSC is a self-help adjunct to SwimCloud. We compare your times against conference cutoffs, your academic record against school admissions ranges, and your net-price bracket against a school’s posted averages, and we rank college programs where your swimmer is likely to be competitive. We are not an NCAA-registered recruiter, not a scholarship broker, and not an admissions consultancy. Matching is informational, not a guarantee.

4. Subscriptions, billing, cancellation, refunds

CBSC is a paid subscription service. Payment is processed by Stripe, which CBSC does not control. Prices are displayed in US dollars and shown at checkout before you commit.

Billing cadence

Subscriptions are billed annually in advance. Three tiers are available at MVP (Discovery, Standard, Urgent), each indexed to the swimmer’s graduation year. You authorize Stripe to charge your card for the applicable amount at each renewal until you cancel.

Cancellation

You may cancel at any time from the Stripe-hosted billing portal reachable inside your account. Cancellation takes effect at the end of the current billing period; you retain access until then.

Refunds

Subscriptions are non-refundable once activated. We issue pro-rated refunds at our discretion for service outages that materially affect your ability to use CBSC for an extended period. Contact support@collegeboundswimclub.com.

Grace period for failed payment

If a renewal charge fails, we retry on the standard Stripe cadence and, after three failures, place the account into a 14-day grace window during which coach directory visibility is disabled. At the end of the window the subscription cancels automatically.

5. Acceptable use

You agree not to:

  • Scrape, crawl, or otherwise extract CBSC data in bulk. The API surfaces we expose (for example /api/legal/sub-processors) are documented; everything else is off-limits without our written consent.
  • Resell, sublicense, or redistribute CBSC data. The coach directory in particular may not be exported or resold to third parties.
  • Attempt to access another family’s profile, bypass the age gate, or circumvent the parental consent flow.
  • Upload or submit any data that is defamatory, unlawful, or that you do not have the right to submit.
  • Use CBSC to harass or contact minors outside the coach directory mechanism, or in violation of applicable NCAA recruiting rules.
  • Reverse-engineer the matching algorithm for commercial purposes.

We may suspend or terminate accounts that violate this section, with or without notice, depending on severity.

6. NCAA recruiting rules disclaimer

College coaches are subject to NCAA, NAIA, and NCAA division-specific rules on contact periods, dead periods, and permissible communication with prospective student-athletes. CBSC does not enforce those rules.We do not limit when a coach can view a prospect’s profile, and we do not filter notifications by contact period.

Coaches are solely responsible for their compliance with applicable recruiting regulations. See §7 for the specific representations we require of coaches at sign-up.

Families should also understand that a swimmer’s appearance in the coach directory is not recruitment: it is a signal of interest, nothing more. Actual recruiting happens outside CBSC on timelines the NCAA controls.

7. Additional terms for college coaches

By creating a coach account, you represent and agree that:

  • You are a current employee of the institution whose email domain you used to sign up, and your role includes recruiting for the swim program.
  • You will comply with all NCAA, NAIA, and conference recruiting rules applicable to your division, including contact and dead periods.
  • You will not export, redistribute, or resell swimmer data obtained through CBSC. Each search is logged for accountability; repeated abuse results in termination.
  • You will contact swimmers only through channels appropriate under the rules above; CBSC does not provide direct messaging and does not offer a “contact swimmer” button.
  • You will notify us promptly if you leave the institution; your account will be deactivated.

8. Intellectual property

CBSC content. The software, matching algorithm, site design, database of conference cutoffs, net-price estimates, and editorial content are owned by CBSC (or licensed to us) and protected by intellectual-property law. We grant you a personal, non-exclusive, non-transferable license to use the service while your subscription is active.

Your content.You retain ownership of the swimmer profile data, times, academic information, and preferences you enter. You grant CBSC a license to use that data solely to operate the service (generate your matches, render your dashboard, enable the coach directory if you’ve opted in) and for nothing else.

Feedback. If you send us suggestions we may use them without obligation.

9. Warranty disclaimers and limit of liability

CBSC is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that matches will produce a specific recruiting outcome.

To the fullest extent permitted by law, CBSC’s aggregate liability arising out of or relating to these Terms or the service is limited to the amounts you paid to us in the twelve months preceding the claim. CBSC is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages; for lost profits or lost data; or for the cost of substitute services.

Early access (beta) periods

From time to time we make some or all of the service available as an early-access or beta release, and will identify it as such in the product. During any beta period, in addition to the disclaimers above: (a) features may be incomplete and may be changed, suspended, or removed at any time without notice; (b) data you enter may be lost, corrupted, or reset, and you are responsible for keeping your own copies of information that matters to you; (c) we make no commitment to availability, performance, or support response times; (d) pricing and feature packaging at general availability may differ from the beta; and (e) any feedback you provide about the beta may be used by us to improve the service without obligation or compensation to you. Match results are research estimates and are not athletic, admissions, or financial advice, and are never a promise of recruitment, admission, or financial aid.

10. Governing law and disputes

Counsel finalizes choice of law, venue, and any arbitration clause before launch. Pending that review, the placeholder below applies.

Before either party files a claim in court, both parties agree to first attempt to resolve any dispute arising out of or relating to these Terms or the service through good-faith mediation. Either party may start the process with written notice; the parties will try to agree on a qualified mediator within 30 days, the mediation will be conducted in Fort Wayne, Indiana, or by video conference if both parties agree, and each party bears its own costs with the mediator’s fees shared equally.

These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-laws rules. Any dispute that cannot be resolved through mediation will be resolved in the state or federal courts located in Allen County, Indiana, and you consent to the personal jurisdiction of those courts.

11. Modifications

We may update these Terms from time to time. We post the revised Terms here and update the last-updated date. Material changes will be announced by email at least 14 days before they take effect. Continued use of the service after a change constitutes acceptance.

12. Contact

Excellwell, Inc. d/b/a College Bound Swim Club

200 W 6th St, Fort Wayne, IN 46804

Support: support@collegeboundswimclub.com

Privacy: privacy@collegeboundswimclub.com