Aquatime Terms of Use

Effective Date: February 8, 2026
App: Aquatime (iOS 18.0+)
Provider: Fortis AI GmbH
Contact: developer@lammer.ai

1. Provider Information (Impressum)

In accordance with Section 5 of the Austrian E-Commerce Act (ECG) and Section 14 of the Austrian Commercial Code (UGB):

2. Scope of Application

These Terms of Use govern your access to and use of the Aquatime mobile application ("App"), including all features, content, and services provided through the App. These terms apply to:

• All users of the free version of Aquatime
• All subscribers to Aquatime Pro
• All data entered into or retrieved through the App

3. License Grant and Restrictions

3.1 License Grant

Subject to your compliance with these Terms, Fortis AI GmbH grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on iOS devices that you own or control, solely for your personal, non-commercial use.

3.2 License Restrictions

You must not:

• Copy, modify, or distribute the App or any part thereof
• Reverse engineer, decompile, or disassemble the App
• Remove, alter, or obscure any proprietary notices in the App
• Use the App for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to any systems or networks connected to the App
• Use automated means (bots, scrapers) to access the App or external data sources through the App
• Sublicense, sell, rent, lease, or transfer your rights to the App
• Use the App to infringe the intellectual property rights of others

3.3 Apple's Licensed Application End User License Agreement

Your use of the App is also subject to Apple's Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. In the event of any conflict between these Terms and Apple's EULA, these Terms shall prevail to the extent permitted by applicable law.

4. Description of Services

Aquatime is a swimming performance analysis application that provides:

4.1 Free Features

• Time conversion between 25m and 50m pool sizes
• World Aquatics Points and Rudolph Points calculation
• Basic performance analytics
• Import of publicly available swimming times from the Austrian Swimming Federation database

4.2 Pro Features (Subscription Required)

• Full analytics with detailed performance insights
• Race IQ race planning with personalized strategies
• Split targets and lap-by-lap pacing plans
• Competitor analysis
• Unlimited swimmer profiles
• Progress reports
• Excel export

5. Subscriptions and Payments

5.1 Subscription Plan

Plan	Monthly Price	Annual Price
Aquatime Pro	EUR 2.99/month	EUR 24.99/year (Save EUR 11)

Both plans include a 1-week free trial for new subscribers. Prices are in Euros and may vary by region. Actual prices displayed in the App reflect local currency and applicable taxes.

5.2 Payment Processing

All payments are processed by Apple through the App Store. By purchasing a subscription, you agree to:

• Payment will be charged to your Apple ID account at confirmation of purchase
• Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel your subscriptions by going to your Account Settings on the App Store after purchase

5.3 Free Trial

If a free trial is offered, it will be clearly disclosed before you subscribe. Any unused portion of a free trial period will be forfeited when you purchase a subscription.

5.4 Cancellation

You may cancel your subscription at any time through your Apple ID account settings:

1. Open the Settings app on your iOS device
2. Tap your name at the top
3. Tap "Subscriptions"
4. Select "Aquatime"
5. Tap "Cancel Subscription"

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until your current subscription period expires.

5.5 Refunds

Refund requests must be made through Apple, as Apple processes all payments. You can request a refund at reportaproblem.apple.com. Fortis AI GmbH cannot process refunds directly.

6. User Responsibilities

6.1 Accuracy of Information

You are responsible for the accuracy of all information you enter into the App, including:

• Personal profile information (name, birth year, gender)
• Swim times and competition results
• Swimmer profile information (for Pro subscribers with multiple profiles)
• Competitor information entered for race planning

6.2 Data Backup

All data is stored locally on your device. You are responsible for maintaining backups of your data. We recommend enabling iCloud Backup on your device. Fortis AI GmbH is not responsible for data loss due to device failure, theft, damage, or app deletion.

6.3 Device Security

You are responsible for maintaining the security of your device, including enabling passcode protection and keeping iOS updated.

6.4 Lawful Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You must not use the App in any way that violates applicable local, national, or international laws.

7. External Data Sources

7.1 Austrian Swimming Federation (OSV)

The App retrieves publicly available swimming results from the Austrian Swimming Federation website (ergebnisse.schwimmverband.at). This data is provided by OSV and is subject to their terms and conditions. Fortis AI GmbH does not guarantee the accuracy, completeness, or availability of this data.

7.2 Disclaimer for External Data

Fortis AI GmbH:

• Does not control or operate these external data sources
• Makes no warranties regarding the accuracy or availability of external data
• Is not responsible for any changes, interruptions, or discontinuation of external data services
• Reserves the right to modify or remove features dependent on external data sources

8. Intellectual Property

8.1 Ownership

The App, including all content, features, functionality, design, graphics, user interface, and code, is owned by Fortis AI GmbH or its licensors and is protected by copyright, trademark, and other intellectual property laws of Austria, the European Union, and international treaties.

8.2 Trademarks

"Aquatime," "Fortis AI," the Aquatime logo, and related marks are trademarks of Fortis AI GmbH. You may not use these marks without prior written permission.

8.3 User Content

You retain ownership of any data you enter into the App (swim times, notes). By using the App, you do not grant Fortis AI GmbH any rights to your content, as all content remains on your device.

9. Disclaimer of Warranties

9.1 "As Is" Provision

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Professional Advice

The App provides tools for swimming performance analysis and race planning. It does not provide medical, health, or professional coaching advice. Always consult qualified professionals for training guidance and health-related decisions.

9.3 Calculation Accuracy

While we strive for accuracy in time conversions, FINA points, and other calculations, we do not guarantee that all calculations are error-free. Users should verify important calculations independently.

10. Limitation of Liability

10.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORTIS AI GMBH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of data or data corruption
• Loss of profits, revenue, or business opportunities
• Personal injury or property damage
• Any damages arising from your use or inability to use the App

10.2 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF FORTIS AI GMBH FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR EUR 50, WHICHEVER IS GREATER.

10.3 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under applicable Austrian and EU consumer protection laws. The limitations of liability in this section do not apply to liability for death or personal injury caused by gross negligence or intentional misconduct, or to any other liability that cannot be excluded under applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Fortis AI GmbH, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of third parties
• Any content you create or share using the App

12. Termination

12.1 Termination by You

You may terminate your use of the App at any time by deleting the App from your device. If you have an active subscription, follow the cancellation process in Section 5.4.

12.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

12.3 Effect of Termination

Upon termination:

• Your license to use the App terminates immediately
• You must delete all copies of the App from your devices
• All data stored locally on your device will be retained until you delete the App
• Sections 8 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Governing Law) survive termination

13. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the App or by other means prior to the changes taking effect. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

We encourage you to review these Terms periodically for any changes.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict of law principles.

14.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Vienna, Austria, unless mandatory consumer protection laws provide otherwise.

14.3 Consumer Dispute Resolution

The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Apple terms, constitute the entire agreement between you and Fortis AI GmbH regarding the App and supersede all prior agreements and understandings.

17. Contact Information

For questions about these Terms of Use, please contact us:

18. Additional Terms for Apple App Store

The following additional terms apply to your use of the App obtained through Apple's App Store:

• These Terms are between you and Fortis AI GmbH only, not Apple
• Apple has no obligation to furnish any maintenance and support services with respect to the App
• Apple is not responsible for any product warranties, whether express or implied by law
• Apple is not responsible for addressing any claims relating to the App or your possession and use of the App
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual property infringement claims
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you