Terms of Service
Our Terms of Use
Welcome to Mako. These Terms of Service outline the rules and conditions for using our platform and tools. By accessing or using Mako, you agree to these terms — so please read them carefully.
Welcome to the services offered by Mako Technologies Ltd, a company incorporated in Ireland (“Mako”, “we”, “us”, or “our”).
These Terms & Conditions (“Terms”) govern your access to and use of our website (makoapp.io), mobile and web applications, and related services (collectively, the “Service”). By creating an account, accessing or using the Service in any way, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Service and terminate use immediately. Please read these Terms carefully.
Service Description
Mako provides digital tools for coaches, teams, athletes and other users in the sports/training context, including but not limited to modules such as workout creation and assignment (MakoSets), performance metrics and leaderboards (MakoBoards), video-analysis and race review (MakoVision), wellness/load tracking (Mako360), and other connected features (the “Features”). We reserve the right to modify, add or remove functionality, features or modules at any time.
Eligibility & Account Registration
By creating an account or using Mako Swim, the Service, you agree to these Terms of Service and our Privacy Policy at www.makoswim.io/privacy-policy/.
You must be at least 18 years old to create an account in your own name. Athletes under 18 may only be added to the Service by their coach, parent, or guardian. By inviting or adding an athlete under 18, the coach or team administrator confirms that they have obtained all required parental or guardian consent in accordance with applicable data protection laws. Mako App Limited acts as a data processor for such athlete information and is not responsible for verifying consent or for misuse of athlete data by coaches or organisations.
Account Roles
The Service supports several account types, each with different rights and responsibilities:
- Coach or assistant coach: manages athletes, workouts, performance records, and team operations on behalf of an organisation
- Athlete: views and contributes to their own training, performance, and wellness data. Minors must be added by a coach or parent.
- Parent or guardian: may, by invitation, link to a minor athlete account to view that athlete’s information
- Organisation administrator: manages billing, team membership, and organisation-wide settings on behalf of a club or organisation
Coaches and organisation administrators are responsible for the data they enter and the consents they obtain. Mako App Limited acts as their processor for that data.
Acceptable Use
You agree to use the Service only for legitimate swimming coaching and performance analysis purposes. You may not:
- Violate any applicable law or regulation
- Infringe intellectual property rights
- Upload content that is unlawful, harmful, harassing, defamatory, hateful, or sexually explicit
- Upload child sexual abuse material. Any such material will be removed and reported to law enforcement.
- Upload viruses, malware, or other malicious code
- Attempt to gain unauthorised access to any part of the Service
- Harass, threaten, or impersonate other users
- Scrape, harvest, or bulk-export data using automated methods without our written permission
- Reverse engineer or otherwise attempt to derive the source code of the Service
- Create false coach, athlete, or organisation profiles
- Use the Service to compete with us or to build a competing product
We reserve the right to investigate, suspend, or terminate accounts we reasonably believe have violated these rules, and to remove content that violates them. Where appropriate, we will give notice and an opportunity to remedy.
If you encounter content or behaviour that violates these rules, please contact us at info@makoapp.io.
Subscriptions, Trials and Payments
We offer free trials and paid subscription plans. Payments are processed securely via Stripe.
Plans
Mako offers paid subscription plans for organisations. Plan features, coach and athlete limits, and pricing are shown in the Service at the time of purchase. Plans may be offered on monthly or annual billing cycles.
Trial
New subscriptions include a 7-day free trial. You will not be charged until the trial ends. You can cancel during the trial in Settings > Billing and you will not be charged.
Auto-renewal
After the trial, your subscription renews automatically at the end of each billing period until you cancel. By subscribing, you authorise Mako to charge your selected payment method for recurring fees until cancellation.
Tax
Prices may be shown exclusive or inclusive of VAT depending on your country. Stripe calculates and applies the appropriate tax at checkout. We may collect your VAT number for B2B customers.
Currency
Subscriptions are billed in the currency selected at checkout, currently EUR, GBP, or USD. Currency cannot be changed mid-subscription. Currency is based on the location of you and business.
Price changes
We may adjust prices for future billing periods. We will give at least 30 days’ written notice of any price change before it takes effect, and you may cancel before the change takes effect.
Failed payments
If a payment fails, we may retry the payment over the following days. During that period, your access may continue. If payment is not received within a reasonable retry window, your subscription may be suspended and relevant features may become unavailable until billing is brought up to date.
Pricing errors
We reserve the right to correct pricing errors and to refuse orders in cases of suspected fraud or misuse.
Cancellation and Refunds
Cancelling a subscription
You can cancel a subscription at any time from Settings > Billing > Manage Payment and Invoices, which opens the Stripe-hosted billing portal. Cancellation takes effect at the end of your current billing period. You continue to have access until that date. We do not provide pro-rated refunds for partial periods unless required by law.
Monthly plans
Monthly plans are non-refundable unless required by law.
Annual plans
Annual plans are refundable within 14 days of the initial annual payment, provided you have not made significant use of the paid features, such as creating workouts, uploading videos, or logging performance data. Renewal payments on annual plans are not refundable once the new annual period has begun, unless required by law.
Nothing in this section limits any statutory right of withdrawal, refund, or remedy you may have under applicable Irish or EU consumer law.
Content
Your content
You retain ownership of content you upload to the Service, including videos, voice notes, workouts, knowledge-base documents, athlete and performance data, and notes, together Your Content.
License to us
You grant Mako App Limited a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, reproduce, and otherwise process Your Content as necessary to operate, maintain, and improve the Service for you and for the team members and organisations you belong to. This licence ends when you delete the relevant content or when your account is closed, except to the extent we need to retain it to comply with legal obligations or to resolve disputes.
Videos and Vimeo
Videos uploaded to the Service are hosted by Vimeo, Inc., as described in Section 5 of the Privacy Policy. When you delete a video from the Service, we instruct Vimeo to delete it. Vimeo’s own terms govern Vimeo’s handling of videos hosted on its platform.
AI outputs
AI-generated outputs, including training plans, summaries, and suggestions, are made available to you as part of the Service. We do not claim ownership of those outputs. We may use anonymised and aggregated information about how AI features are used, with personal identifiers removed, to improve the Service.
Intellectual Property
All intellectual property in the Service belongs to Mako or its licensors. You are granted a limited, non‑exclusive, non‑transferable licence to use the Service for your internal professional or personal use. Except as expressly provided in these Terms of Service, no part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
AI Features
Mako includes AI-powered features known as MAKO AI that generate insights, suggestions, and proposed actions. By using those features, you agree that:
- AI outputs are advisory only. They are intended to support, not replace, the judgement of a qualified coach.
- AI may make mistakes, including factual errors, and you are responsible for reviewing outputs before relying on them.
- Where MAKO AI proposes an action that writes data on your behalf, such as creating or modifying workouts, athletes, or performance records, that action will be shown to you for explicit confirmation before it executes.
- Some AI write capabilities may be controlled by organisation-level settings and may be disabled by your organisation administrator.
Inputs you provide to MAKO AI may include workout descriptions, performance data, wellness data, and knowledge-base documents. These inputs are processed via Google (Gemini) and OpenAI APIs as described in our Privacy Policy.
Data Protection & Privacy
Your use of the Service is subject to our Privacy Policy at https://makoapp.io/privacy-policy/.
Our Privacy Policy explains how we handle your personal data in accordance and complies with applicable data protection law, including the GDPR and Irish data protection legislation. Mako acts as data controller and/or processor as appropriate. You are responsible for any personal data you input for athletes or team members.
Mako acts as a data controller for user accounts and billing information, and as a data processor for athlete data and other content entered into the Service by coaches and organisations. Coaches and organisations are solely responsible for obtaining parental or guardian consent before adding minor athletes. Payment data is processed securely via Stripe. Mako App does not store full card details.
Availability, Maintenance & Updates
We aim to maintain high availability of the Service, but we do not guarantee uninterrupted or error-free access. Features may change, be added, suspended, or discontinued at any time, with reasonable notice provided where practicable.
Intellectual Property Infringement
If you believe any content on our Service infringes your IP rights, notify us with full details. We will respond per applicable law including EU and DMCA frameworks.
Disclaimers & Limitation of Liability
The Service is provided on an as is and as available basis, without warranties of any kind except where warranties cannot be excluded under applicable law.
Coaching and medical disclaimer
Mako provides training and performance tools. It does not provide coaching qualifications, medical advice, diagnosis, or treatment. Coaches are responsible for the appropriateness and safety of any training, technique, or recommendation they apply to athletes. Health-related decisions should be made with qualified medical professionals where appropriate. Mako does not verify coaching credentials.
AI disclaimer
AI-generated insights, plans, and recommendations may be inaccurate or incomplete. They are advisory and should be reviewed by a qualified coach before being acted upon.
Limitation of liability
To the fullest extent permitted by law, Mako App Limited is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, loss of data, or business interruption arising from or relating to the Service. Our total aggregate liability for any claim arising from or relating to the Service is limited to the amount you paid us in the twelve months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or statutory consumer rights that cannot be waived.
Account Closure and Data Retention
You may close your account at any time. We may suspend or terminate accounts in cases of:
- Material breach of these Terms, with notice and an opportunity to cure where reasonable
- Non-payment, after reasonable retry attempts
- Fraudulent, abusive, or illegal activity
- Court order or legal requirement
Effect of closure. When your account is closed:
- You lose access to the Service
- We delete your personal data from our active systems within a reasonable period
- Associated videos are deleted from Vimeo
- Backups and archival copies are deleted within a further 90 days
- We retain payment and billing records for up to seven years to comply with Irish tax and accounting requirements
- We may retain anonymised, non-identifying information for product analytics and service improvement
Athlete records held by an organisation are addressed in Section 12.
Data export. You may request a copy of your data in a machine-readable format before or shortly after closure by emailing info@makoapp.io. We will respond within 30 days where required by law.
Athlete Data and Organization Records
Where athletes are members of a team or organisation, the performance data, training logs, and wellness records recorded about them may form part of the organisation’s coaching records. Like school or medical records, these may be retained by the organisation even after the athlete leaves the team or closes their personal account.
Closing an athlete account removes the athlete’s login and direct access to the Service. It does not automatically delete records held by the organisation.
Athletes have the right to request erasure of records held about them under GDPR Article 17. To exercise this right:
- Contact your organisation’s coach or administrator first, as they are the data controller for those records, or
- Email Mako at info@makoapp.io and we will work with the relevant organisation to process your request
The organisation may decline an erasure request where it has a lawful basis to retain the records. In that case, the reason should be explained in writing.
Dispute Resolution and Governing Law
These Terms are governed by Irish law. Subject to any mandatory consumer rights in your country of residence, any dispute arising from or relating to these Terms or the Service will be resolved in the courts of Ireland.
Where permitted by law, you and Mako agree to first attempt to resolve any dispute informally by contacting info@makoapp.io and allowing 30 days for resolution.
Changes to These Terms
We may update these Terms from time to time. Material changes will be announced by email or by prominent in-app notice at least 30 days before they take effect. Continued use of the Service after the changes take effect constitutes acceptance of the revised Terms. If you do not accept the revised Terms, you may close your account before they take effect.
Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Mako App Limited from claims, losses, damages, and reasonable costs, including legal fees, arising from:
- Your breach of these Terms
- Your infringement of a third party’s intellectual property, privacy, or other rights
- Content you upload, including content uploaded without proper consent
- Your use of the Service in violation of applicable law
This indemnity does not apply to claims caused by Mako’s own gross negligence, wilful misconduct, or fraud.
Force Majeure
Mako is not responsible for failures or delays caused by events beyond our reasonable control, including natural disasters, cyberattacks, war, civil unrest, government action, or service outages involving third-party providers. We will make reasonable efforts to restore access as quickly as practicable
Legal Framework
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mako App Limited regarding the Service.
Failure to enforce any provision is not a waiver of our rights. We may transfer our rights or obligations under these Terms, for example in connection with a merger, acquisition, or sale of our business. You may not transfer your rights or obligations without our prior written consent.
Contact Us
Mako App Limited 20 Harcourt Street Dublin 2, D02 H364 Ireland Company number: 797637 Email: info@makoapp.io
By clicking I Agree, creating an account, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
Updated: 23 April 2026