Swyng Terms of Use & End User License Agreement
Effective Date: 06/17/2026
These Terms of Use and End User License Agreement ("Terms") form a legal agreement between you and Swyng Health & Fitness, LLC ("Swyng," "we," "our," or "us") governing your access to and use of the Swyng mobile application, our website at https://swyng.app, and related content and services (together, the "Service"). By creating an account, downloading, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old, or the age of legal majority where you live, to use the Service. By using the Service, you represent that you meet this requirement and have the legal capacity to enter into these Terms.
2. The Service
Swyng provides kettlebell-based fitness content, including an exercise library, automatically generated workouts, instructional videos, and progress tracking. The Service is intended for general fitness and educational purposes only.
3. Health & Safety — Assumption of Risk
Please read this section carefully. Physical exercise carries inherent risks. By using the Service, you acknowledge and agree that:
- Participation in any exercise, workout, or physical activity carries inherent risks, including the risk of serious personal injury, disability, or death, and damage to property.
- You voluntarily and knowingly assume all such risks, whether known or unknown, arising from your use of the Service.
- You are solely responsible for exercising within your own limits, using proper form and equipment, maintaining a safe environment, and stopping immediately if you experience pain, dizziness, faintness, chest pain, shortness of breath, or any other concerning symptom.
- You assume full responsibility for any injuries, losses, or damages you incur in connection with the Service, and to the fullest extent permitted by law you waive and release Swyng from all claims arising from them.
4. Medical Disclaimer
The Service provides general fitness information and is not medical advice. It is not intended to diagnose, treat, cure, or prevent any condition and is not a substitute for professional medical advice, diagnosis, or treatment.
- Consult your physician or a qualified healthcare provider before beginning any exercise program, especially if you are pregnant, nursing, older, or have a heart condition, high blood pressure, diabetes, a prior injury, or any pre-existing or suspected medical condition.
- By using the Service, you represent that you have no medical condition that would prevent safe participation, or that you have obtained clearance from your physician.
- If you think you may have a medical emergency, call your doctor or your local emergency number immediately. Never disregard or delay seeking professional medical advice because of something you have read or seen in the Service.
5. Liability Waiver
The Service may require you to review and accept an in-app liability waiver before your first workout. That waiver supplements these Terms. Where the waiver and these Terms address the same subject, both apply to the fullest extent permitted by law.
6. Accounts & Registration
To use certain features you must create an account. You agree to provide accurate information and keep it current. You are responsible for safeguarding your account credentials and for all activity under your account. We may use email or SMS verification to confirm your identity and protect your account; message and data rates may apply, and you may opt out of non-essential SMS by replying STOP.
7. License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Service on a device you own or control for your personal, non-commercial use.
8. Restrictions
You agree not to:
- Copy, modify, distribute, sell, sublicense, or create derivative works from the Service or its content;
- Reverse engineer, decompile, or attempt to extract source code, except where permitted by law;
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Share, redistribute, or publicly perform our videos or other content outside the Service;
- Interfere with or disrupt the integrity or performance of the Service.
9. Subscriptions & Payments
The Service may offer paid features or subscriptions. Purchases are processed through the Apple App Store or Google Play and are subject to their terms. Subscriptions, if offered, may renew automatically unless canceled at least 24 hours before the end of the current period, and you can manage or cancel them in your app store account settings. Except where required by law or store policy, payments are non-refundable.
10. Intellectual Property
The Service and all of its content — including exercises, workout logic, videos, text, graphics, logos, and the Swyng name and marks — are owned by Swyng Health & Fitness, LLC or its licensors and are protected by intellectual property laws. No rights are granted except as expressly stated in these Terms.
11. Third-Party Services
The Service may rely on or link to third-party services, such as app stores, hosting, and analytics providers. We are not responsible for the content, policies, or practices of third parties, and your use of their services is governed by their terms.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, accurate, or free of harmful components, or that any particular fitness result will be achieved.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWYNG HEALTH & FITNESS, LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY. TO THE EXTENT WE ARE FOUND LIABLE, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR USD $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify, defend, and hold harmless Swyng Health & Fitness, LLC and its members, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.
15. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or for any other reason. You may stop using the Service at any time and may delete your account in the app or by contacting us. Sections that by their nature should survive termination — including Health & Safety, Medical Disclaimer, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Indemnification — will survive.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Colorado, and you consent to their jurisdiction.
17. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms with a new effective date, and material changes may be communicated through the Service. Your continued use after changes take effect constitutes acceptance.
18. Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms are the entire agreement between you and Swyng regarding the Service, and our failure to enforce any provision is not a waiver of it.
19. Contact
Questions about these Terms?
Swyng Health & Fitness, LLC Email: team@blindsquirrellabs.com Web: https://swyng.app