Privacy Policy, Terms of Use & Disclaimer
Effective Date: February 28, 2026 — Last Updated: February 28, 2026
Welcome to Open Water Swim ("the App"), developed and provided by Daniel Liedke ("Developer", "we", "us", or "our"). The App is a GPS-based multi-sport tracker for open water swimming, walking, running, and cycling, available on Android and Windows platforms (package name: com.danielliedke.openwaterswim).
This document serves as both a Privacy Policy and Terms of Use, including important disclaimers and limitations of liability. Please read this entire document carefully before using the App.
By downloading, installing, accessing, or using the App, you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, disclaimers, and limitations set forth in this document. If you do not agree to these terms, you must immediately uninstall and cease all use of the App.
Your continued use of the App after any updates to this document constitutes your acceptance of the revised terms.
The App collects the following information locally on your device only:
All collected data is used exclusively for the following purposes:
Your data never leaves your device unless you explicitly choose to export and share it.
All data is stored locally on your device using the platform's standard storage mechanisms. We do not operate servers, databases, or cloud storage services in connection with this App.
When you export a FIT file, it is saved to your device's Downloads folder. Any subsequent sharing or uploading of that file to third-party services (such as Garmin Connect or Strava) is governed by those services' respective privacy policies, and is performed at your own discretion and responsibility.
Uninstalling the App will remove all locally stored data associated with the App from your device.
The App integrates with the following third-party services:
We are not responsible for the privacy practices of these third-party services. We encourage you to review their respective privacy policies.
The App requests the following device permissions:
The App is not directed at children under the age of 13 (or the applicable age of digital consent in your jurisdiction). We do not knowingly collect personal information from children. Given that the App involves outdoor activities such as open water swimming, walking, running, and cycling, which may involve potential risks, minors should only use the App under direct adult supervision.
Outdoor physical activities such as open water swimming, walking, running, and cycling are inherently dangerous activities that carry significant risks, including but not limited to: drowning, death, serious bodily injury, hypothermia, hyperthermia, cardiac events, dehydration, exhaustion, encounters with marine life or wildlife, waterborne illness, collisions with watercraft, vehicles, or other objects, dangerous currents, waves, tides, traffic hazards, and other hazardous conditions.
By using the App, you expressly acknowledge, understand, and agree that:
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY.
Without limiting the foregoing, the Developer makes no warranty that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER, HIS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE DEVELOPER FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR TEN US DOLLARS ($10.00), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless the Developer, his affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
The App is not a medical device and does not provide medical advice, diagnosis, or treatment. The App does not monitor your heart rate, oxygen levels, or any other physiological indicators.
You should consult with a qualified healthcare professional before engaging in open water swimming, walking, running, cycling, or any strenuous physical activity. If you have any known or suspected medical conditions, including but not limited to cardiac conditions, epilepsy, respiratory conditions, or any condition that may be aggravated by cold water immersion or physical exertion, you must seek medical clearance before using the App in connection with any physical activities.
The Developer is not responsible for any adverse health events that may occur during, after, or in connection with your use of the App or participation in any outdoor physical activities.
GPS technology has inherent limitations, and accuracy can be significantly affected by environmental factors including but not limited to: atmospheric conditions, satellite geometry, signal obstructions, water interference, electromagnetic interference, and device hardware capabilities.
The App applies various filters to improve GPS data quality (including accuracy thresholds and movement validation), but no GPS-based measurement should be considered exact or relied upon for safety-critical purposes. Distance, pace, and route information provided by the App are estimates only and may contain significant errors.
Never use the App as your sole means of navigation. Always carry appropriate safety and navigation equipment when engaging in outdoor activities.
The Developer reserves the right to discontinue, suspend, or permanently shut down the App, in whole or in part, at any time and for any reason, with or without prior notice to users. You acknowledge and agree that the Developer has no obligation to continue developing, maintaining, supporting, or making the App available.
Reasons for discontinuation may include, but are not limited to:
In the event of discontinuation, the Developer shall have no obligation to provide refunds (except as required by applicable app store policies), data migration tools, advance notice, or continued access to any features or services associated with the App. Users are encouraged to export their workout data regularly using the App's FIT export functionality.
You acknowledge and agree that the Developer shall not be liable to you or any third party for any discontinuation, suspension, or modification of the App.
This agreement shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any dispute arising out of or relating to this agreement or the use of the App shall be resolved through binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.
CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Developer.
If any provision of this document is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from this document. The invalidity, illegality, or unenforceability of any single provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
We reserve the right to update or modify this Privacy Policy and Terms of Use at any time. Any changes will be effective immediately upon posting the updated document. The "Last Updated" date at the top of this document will be revised accordingly. Your continued use of the App after any changes constitutes your acceptance of the updated terms.
If you have any questions, concerns, or requests regarding this Privacy Policy and Terms of Use, please contact us at:
Developer: Daniel Liedke
App: Open Water Swim
Email: [email protected]