Legal
Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of orcabite.com and any products offered under the Orcabite name, including Sendoff ("Services"). By creating an account, signing in, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
2. Who We Are
Orcabite ("Orcabite," "we," "us," or "our") refers to Orcabite LLC, a limited liability company based in Chicago, Illinois. You can reach us at solutions@orcabite.com.
3. Description of Services
Orcabite operates the orcabite.com homepage and Sendoff, a workout-building and training-management platform for swimmers, coaches, and swim teams. Sendoff is offered as an Individual plan (Free and Pro tiers) and a Teams plan for coaches.
The Services are intended for users in the United States. We do not offer them to, or target them at, users in the European Economic Area or the United Kingdom, and we do not currently provide the data-subject rights or transfer mechanisms those jurisdictions require. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with your local law.
4. Eligibility and Accounts
You must be at least 13 years old to create an Individual account or act as a Teams coach. You are responsible for maintaining the security of your account and for all activity that occurs under it. If you are under the age of majority in your jurisdiction, you may only use the Services with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
Swimmer records added to a Teams roster by a coach (see Section 7) are not accounts. Swimmers do not sign in, do not have credentials, and are not themselves bound by these Terms.
5. Signing In with Google
Sendoff uses Google Sign-In for authentication. By signing in with Google, you authorize Orcabite to access certain information from your Google account as described in our Privacy Policy. Your use of Google's services remains subject to Google's own terms and privacy policy.
6. Subscriptions and Billing
Individual Pro and Teams are paid subscriptions billed on a recurring basis through Stripe, our third-party payment processor. Orcabite does not store your full card details.
- Subscriptions renew automatically each billing period until canceled.
- You may cancel at any time. Cancellation stops future billing but does not entitle you to a refund for the current billing period — all subscription fees are non-refundable once charged.
- You may pause an Individual Pro or Teams subscription at any time. While paused, billing stops and access to paid features is suspended until you resume; pausing does not cancel your subscription or delete your data.
- Teams is billed at a flat rate per team, monthly or annually, and includes a set number of coaches. Coaches beyond that number are billed per coach; the charge begins when an invited coach accepts and ends when they leave, and is prorated for the remainder of the billing period.
- We may change subscription pricing with advance notice. Continued use of a paid plan after a price change takes effect constitutes acceptance of the new price.
7. Teams-Specific Terms
The Teams plan allows a coach to create and store records for swimmers on their roster, including name, contact information (which may include the swimmer's and/or a parent or guardian's email address and phone number), personal bests, and attendance history ("Swimmer Data"). Swimmer Data may include information about minors.
By entering Swimmer Data, you (the coach) represent that you have the authority and any consent required under your own team, club, or organization's policies — including any consent required from a parent or guardian — to provide that information to Orcabite for storage and processing on your behalf. Orcabite stores and processes Swimmer Data solely to provide the Teams features to you; we do not independently collect information from, or communicate directly with, the swimmers themselves through the Services.
Coaches can use the Services to send practice-update emails to a swimmer and/or their parent or guardian, based on the contact preference set for that swimmer. These messages are sent by Orcabite on the coach's behalf using a third-party email provider (see our Privacy Policy). Each message includes a link where the recipient can manage or opt out of these communications directly, without needing an Orcabite account.
If we receive a complaint or otherwise become aware that Swimmer Data may have been entered without proper authorization or consent, we may investigate, and may suspend, restrict, or delete the Swimmer Data in question while we do, without liability to the coach or team for that suspension or deletion.
8. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or to violate any person's rights;
- Attempt to scrape, reverse-engineer, or interfere with the Services;
- Upload or publish content that is abusive, harassing, or infringes another person's intellectual property; or
- Use Swimmer Data for any purpose outside of coaching your own roster.
9. Your Content
You retain ownership of the workouts, training plans, and other content you create in the Services ("User Content"). By publishing or sharing User Content through the Services, you grant Orcabite a license to store, display, and distribute that content as directed by your use of the relevant feature (for example, publishing a workout publicly, or sharing it with a friend or group).
If you believe content published through the Services (including a workout shared via Discover) infringes your intellectual property rights, contact us at solutions@orcabite.com with a description of the content and your rights in it. We will review the request and may remove or restrict access to the content while we do.
10. Feedback
If you submit a bug report, suggestion, or other feedback through the Services, you grant Orcabite an unrestricted, royalty-free, perpetual right to use it for any purpose, without compensation or attribution to you. Submitting feedback is not a guarantee that it will be built, reviewed, or credited, and is not an offer to purchase, license, or contract for your idea.
11. Promotions and Referral Programs
From time to time, Orcabite may offer referral codes, coupons, discounts, or other reward programs (each, a "Promotion"), whether described elsewhere in these Terms or introduced later. Unless stated otherwise for a specific Promotion, all Promotions are offered at Orcabite's sole discretion, may be modified, limited, or discontinued at any time without notice, and are not transferable or redeemable for cash. We may deny, revoke, or reverse a Promotion — including any credit or discount already applied — if we determine, in our reasonable judgment, that it was obtained through fraud, abuse, or a violation of these Terms (for example, creating fake accounts or teams to generate referral rewards).
12. Our Intellectual Property
The Orcabite name, logo, and the Services themselves (excluding User Content) are the property of Orcabite and may not be copied or used without permission.
13. Termination
You may stop using the Services or delete your account at any time. We may suspend or terminate your access if you violate these Terms.
If you are the sole or head coach on a Team, or you created a training group that still has other members, you will need to resolve that — for example, by stepping down as coach or disbanding the group — before your account can be deleted. Contact us at solutions@orcabite.com if you need help with this.
14. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. STREAMLINE'S WORKOUT BUILDER AND CALCULATIONS ARE TOOLS TO ASSIST WITH PLANNING AND DO NOT CONSTITUTE MEDICAL, COACHING, OR PROFESSIONAL TRAINING ADVICE. YOU ARE RESPONSIBLE FOR EVALUATING WHETHER A WORKOUT OR TRAINING PLAN IS APPROPRIATE FOR YOU OR THE SWIMMERS IN YOUR CARE.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCABITE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO ORCABITE IN THE TWELVE MONTHS PRECEDING THE CLAIM.
16. Indemnification
You agree to indemnify and hold Orcabite harmless from any claims arising out of your misuse of the Services or your violation of these Terms, including any claim relating to Swimmer Data you enter without proper authorization.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law principles. You agree that any dispute arising from these Terms or the Services will be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to personal jurisdiction in those courts.
YOU AND ORCABITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REMEDY, IT REMAINS IN EFFECT FOR ALL OTHERS, AND THAT CLAIM OR REMEDY MAY PROCEED IN THE COURTS IDENTIFIED ABOVE.
Nothing in this Section prevents either party from seeking relief in small claims court, or from seeking injunctive relief to protect its intellectual property.
18. General
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms or your account without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with our Privacy Policy, are the entire agreement between you and Orcabite regarding the Services.
19. Changes to These Terms
We may update these Terms from time to time. For changes that materially affect your rights or obligations, we will notify account holders by email to the address on the account, or by an in-app notice, at least 14 days before the change takes effect, and will update the version identifier at the top of this page. Continued use of the Services after that date constitutes acceptance of the updated Terms. If you do not agree, you may cancel your subscription and stop using the Services before the change takes effect. Non-material changes (such as clarifications or corrections) take effect when posted.
20. Contact
Questions about these Terms can be sent to solutions@orcabite.com.