ZWIM App — End User Licence Agreement (EULA)

Last updated: 3 June 2026  ·  Effective date: 3 June 2026

Please read this End User Licence Agreement ("Agreement" or "EULA") carefully before downloading, installing, or using the ZWIM mobile application ("App"). By downloading, installing, or using the App, you confirm that you have read this Agreement, that you are 18 years of age or older, and that you agree to be bound by its terms.

If you do not agree, do not download or use the App.

This Agreement is between you and ZEN8 Sports Ltd (company number 12662386, 7 Bell Yard, London WC2A 2JR, United Kingdom), trading as ZWIM ("ZWIM", "we", "us"). Apple Inc. and Google LLC are not parties to this Agreement.

1. The licence we grant you

Subject to your compliance with this Agreement, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to:

• download and install the App on a device you own or control, running a supported operating system (iOS 16 or later, or Android 12 (API level 31) or later), and
• use the App for your own personal, non-commercial training purposes.

This is a licence, not a sale. You do not own the App or any software within it.

2. Age requirement

You must be 18 years of age or older to use the App. By accepting this Agreement, you confirm that you meet this requirement. We do not knowingly allow anyone under 18 to use the App. If we become aware that an account was created by someone under 18, we will close it.

3. What you may not do

You agree not to:

• copy, reproduce, or distribute the App or any part of it, except as permitted by this Agreement or applicable law
• modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the App or any component of it
• extract, separate, or use the Unreal® Engine technology embedded in the App for any purpose other than using the App itself (see Section 5)
• attempt to reverse engineer or extract ZWIM's BLE communication protocol or any firmware embedded in ZWIM Smart Paddles
• remove, obscure, or alter any copyright, trademark, or other proprietary notices in the App
• rent, lease, lend, sell, sublicense, or otherwise transfer the App or your rights under this Agreement to any other person
• use the App for commercial purposes without our prior written consent
• use the App in any way that violates applicable law
• use the App, or any content or data generated by it, as training data for any artificial intelligence, machine learning, or similar system (see Section 10)

4. ZWIM intellectual property

The App, including its design, graphics, game content, the Propulsive Watts metric, training algorithms, and all other content created by ZWIM, is owned by ZEN8 Sports Ltd or its licensors and is protected by intellectual property law.

Nothing in this Agreement transfers any ownership of ZWIM's intellectual property to you. All rights not expressly granted in Section 1 are reserved.

5. Unreal Engine — important notice

The App is built using Unreal® Engine, licensed to ZWIM by Epic Games, Inc. ("Epic"). By using the App, you acknowledge and agree to the following terms required by Epic:

5.1 Your rights regarding Unreal Engine technology

The Unreal® Engine technology ("Licensed Technology") is incorporated in the App in object code form as an inseparable part of the App. You are permitted to use, reproduce, display, and perform the Licensed Technology solely:

• as it is incorporated in the App, in object code, and as an inseparable part of the App, and
• to the extent necessary for you to make permitted use of the App under this Agreement.

You have no other rights to the Licensed Technology. You may not incorporate any part of the Licensed Technology into your own products, services, or other projects.

5.2 Disclaimer of warranties for Unreal Engine technology

THE LICENSED TECHNOLOGY, INCLUDING ALL INFORMATION, CONTENT, MATERIALS, CODE, AND SOFTWARE PROVIDED BY EPIC AS PART OF THE LICENSED TECHNOLOGY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EPIC AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE LICENSED TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EPIC DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

5.3 Limitation of liability for Unreal Engine technology

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EPIC AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LICENSED TECHNOLOGY.

5.4 Restrictions on Unreal Engine technology

You may not:

• reverse engineer, decompile, or disassemble the Licensed Technology
• extract, separate, or attempt to isolate the Unreal Engine code from the App
• use, reproduce, or distribute the Licensed Technology except as expressly permitted above
• incorporate the Licensed Technology into any other product, service, or project

5.5 Attribution

The following notices appear in the App credits in accordance with ZWIM's licence from Epic:

"ZWIM uses Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere."

"Unreal® Engine, Copyright 1998 – 2026, Epic Games, Inc. All rights reserved."

6. Third-party devices

The App can connect to ZWIM Smart Paddles and, optionally, to third-party Bluetooth devices such as heart rate monitors made by Garmin, Polar, Wahoo, and others. These third-party devices are not made or supported by ZWIM. We are not responsible for:

• the accuracy or reliability of data provided by third-party devices
• any malfunction of or damage caused by third-party devices
• any changes to third-party devices or their protocols that affect compatibility with the App
• the privacy practices of third-party device manufacturers

Your use of any third-party device is subject to that manufacturer's own terms and warranty.

7. Subscriptions

If you subscribe to a ZWIM service, your subscription is managed via the ZWIM website (zwim.com) and is governed by our Terms of Service and our Purchase Options Cancellation Policy. Subscriptions are not purchased through Apple or Google — they are not in-app purchases. Apple and Google have no role in subscription billing, cancellation, or refunds.

8. Privacy and data

The App collects and uses personal data as described in our Privacy Policy. By using the App, you consent to the collection and use of your data as set out in that policy.

9. Updates and changes

We may release updates to the App from time to time to fix bugs, improve performance, add features, or maintain compatibility with supported operating systems. Some updates may be required for the App to function correctly.

We may also update this Agreement. When we do, we will notify you through the App or by email and post the updated version with a new effective date. Your continued use of the App after the new effective date means you accept the updated Agreement. If you do not agree, you should stop using the App and delete it from your device.

10. Generative AI prohibition

You may not use the App, its content, game assets, training data, performance metrics, or any other material generated by or within the App as input data for training, testing, or improving any artificial intelligence, machine learning, deep learning, neural network, or similar generative technology.

11. Termination

By you: You can stop using the App and delete it from your device at any time. Deleting the App ends your licence. Your account and data are governed by our Privacy Policy and Terms of Service.

By us: We may suspend or terminate your licence to use the App immediately if you breach this Agreement, if required by law, or if we discontinue the App. We will give you reasonable notice where we can.

Effect of termination: On termination, all rights granted under this Agreement end immediately. Sections 3, 4, 5, 10, 12, 13, 14, 15, and 16 survive termination.

12. Disclaimer of warranties

To the fullest extent permitted by applicable law, the App is provided on an "as is" and "as available" basis. We make no warranty that the App will be error-free, uninterrupted, or free from security vulnerabilities, or that it will meet your requirements.

Consumer rights: If you are a consumer in the United Kingdom or the European Union, you have statutory rights in relation to digital content under the UK Consumer Rights Act 2015 and equivalent EU law. Nothing in this Agreement limits or excludes those rights.

13. Limitation of liability

Cap on liability

To the fullest extent permitted by applicable law, our total liability to you in connection with this Agreement — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — is limited to the greater of:

• the total amount you paid us in the 12 months immediately before the event giving rise to the claim, or
• EUR 100

Excluded losses

We are not liable for any loss of profit, loss of data, loss of goodwill, or any indirect, special, punitive, or consequential loss, whether or not we were advised of the possibility of such loss.

What is not limited

Nothing in this Agreement limits or excludes our liability for:

• death or personal injury caused by our negligence
• fraud or fraudulent misrepresentation
• any liability that cannot be limited or excluded under applicable law, including statutory consumer rights

14. Governing law

This Agreement is governed by the law of England and Wales.

If you are a consumer in the EU or EEA, nothing in this Agreement prevents you from bringing a claim in the courts of the country where you live, or from relying on any mandatory consumer protections that apply in your country.

15. Apple App Store — additional terms

This Section applies if you downloaded the App from the Apple App Store.

Apple is not a party to this Agreement. The App is licensed to you by ZWIM, not by Apple. Apple has no obligation under this Agreement and is not responsible for the App or its content.

Scope of licence. The licence granted in Section 1 is limited to use of the App on Apple devices you own or control, and as permitted by the App Store Terms of Service.

Maintenance and support. Apple has no obligation to provide any maintenance or support for the App. Any questions or complaints about the App should be directed to us at support@zwim.com, not to Apple.

Warranty. Apple has no warranty obligations with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any) you paid for the App through the App Store; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.

Product liability. Apple is not responsible for any claims by you or any third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

Intellectual property claims. If any third party claims that the App infringes their intellectual property rights, ZWIM (not Apple) is responsible for the investigation, defence, settlement, and discharge of such a claim. You agree to notify us at legal@zwim.com if you become aware of any such claim.

Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

Export compliance. By using the App, you confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.

Compliance with App Store Terms of Service. Your use of the App is also subject to the Apple App Store Terms of Service, available at apple.com/legal/internet-services/itunes/

16. Google Play — additional terms

This Section applies if you downloaded the App from Google Play.

Google is not a party to this Agreement. The App is licensed to you by ZWIM, not by Google LLC. Google has no obligation under this Agreement and is not responsible for the App or its content.

Scope of licence. The licence granted in Section 1 is limited to use of the App on Android devices as permitted by the Google Play Terms of Service.

Maintenance and support. Google has no obligation to provide any maintenance or support for the App. Any questions or complaints should be directed to us at support@zwim.com, not to Google.

Your use of the App is also subject to the Google Play Terms of Service, available at play.google.com/about/play-terms/

17. General

Entire agreement. This Agreement, together with our Privacy Policy and (where applicable) our Terms of Service, is the entire agreement between you and ZWIM regarding the App.

Severability. If any part of this Agreement is found to be unenforceable, the rest continues in full force.

No waiver. If we do not enforce a provision of this Agreement on one occasion, that does not mean we waive the right to enforce it on another.

No transfer. You may not assign or transfer your rights under this Agreement. We may assign ours as part of a reorganisation, merger, or sale of our business.

18. Contact

For questions about this Agreement:

Email: legal@zwim.com

Post:
ZEN8 Sports Ltd (trading as ZWIM)
7 Bell Yard, London WC2A 2JR
United Kingdom

For App support: support@zwim.com
For privacy queries: privacy@zwim.com