These Terms of Service ("Terms") are a legal agreement between Tidemere, LLC, a California limited liability company ("Tidemere," "we," "us," or "our"), and the person or organization agreeing to them ("you"). They govern your access to and use of the Tidemere platform, applications, and services, including the website at tidemere.com (collectively, the "Services").
By accessing or using the Services, including by clicking "Agree," completing a subscription, or using any part of the platform, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a club, association, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, do not use the Services.
Tidemere is a member-services platform designed for private swim and tennis clubs and similar organizations. The platform provides tools for member management, reservations, scheduling, communications, staff operations, and in-application payments. Tidemere is offered as a software-as-a-service (SaaS) application.
Tidemere is headquartered in California at 300 El Camino Real, Suite 200, Menlo Park, CA 94025.
Private clubs, associations, and similar organizations may subscribe to Tidemere as a "Club Subscriber" by completing a subscription agreement. A Club Subscriber may be the club or association itself, its governing board, or a management company engaged to administer the club on the club's behalf. The Club Subscriber is responsible for all activity under its account and for ensuring that its administrators, staff, and members use the Services in accordance with these Terms.
Private households, family offices, and organizations managing residential estates may subscribe to Tidemere as a "Household Subscriber" by completing a subscription agreement. A Household Subscriber may be:
The Household Subscriber is the account holder of record and is responsible for the subscription, billing, and all activity under the account, regardless of whether the Household Subscriber is the principal or a management entity acting on the principal's behalf.
A "Principal" is the homeowner or primary resident whose household is served by the Services. The Principal is the primary beneficiary of the Household product. Where a management entity holds the Household Subscriber account on behalf of a Principal, the management entity represents and warrants that it is authorized to subscribe to and administer the Services on the Principal's behalf, and that the Principal has consented to their household data being managed through the platform.
Individuals granted access to the Services through a Subscriber's account are "End Users." End Users access the Services under the authority of the applicable Subscriber. End Users vary by product:
If a Subscriber's account is terminated, all End Users associated with that account will lose access to the Services.
You must be at least 18 years of age to create an account, subscribe to the Services, or agree to these Terms. Minor children may have profiles created on their behalf by a parent or legal guardian who holds the account. Minors may not independently create accounts or agree to these Terms.
To access the Services as a Club Subscriber or administrator, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree to notify Tidemere immediately at hello@tidemere.com if you become aware of any unauthorized access to or use of your account. Tidemere is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
You represent that all information you provide to Tidemere, including information about your organization and its members, is accurate and that you have the right to provide it. You are responsible for keeping your account information current.
Subscribers pay subscription fees as set forth in their subscription agreement with Tidemere. Tidemere reserves the right to change subscription fees with 30 days' advance written notice. Continued use of the Services after a fee change takes effect constitutes acceptance of the new pricing.
The Subscriber, as defined in Section 3, is the billing party responsible for paying subscription fees. The billing party is not always the primary beneficiary of the Services:
Tidemere contracts with and invoices the Subscriber of record. Any internal arrangement between a Subscriber and the Principal or organization they represent is outside the scope of Tidemere's agreement.
Subscription fees are billed monthly or annually as specified in the order form. All fees are non-refundable except as expressly provided in these Terms or required by applicable law.
Fees do not include applicable taxes. Club Subscribers are responsible for all sales, use, value-added, or other taxes applicable to their subscriptions, excluding taxes on Tidemere's net income.
If a Club Subscriber's payment is overdue, Tidemere may suspend access to the Services upon 10 days' written notice. Tidemere is not liable for any consequences of a suspension resulting from non-payment.
By subscribing to and using the Services, each Subscriber agrees to:
Club Subscribers are additionally responsible for:
Household Subscribers are additionally responsible for:
End Users access the Services through a Subscriber's account and are subject to the Subscriber's authority and policies. All End Users agree to:
Club End Users include club members, member family members (including minors whose profiles are managed by a parent or guardian account holder), registered guests, and authorized club staff. Club members and their families access the Services as a benefit of their club membership. Tidemere is not a party to any agreement between a Club and its members and is not responsible for any dispute between them.
Household staff who access the Services through a Household Subscriber's account do so in a professional, employment context. Household staff End Users may include full-time, part-time, and contracted staff whether employed directly by the Principal or by a management entity. Their access to the Services, including task management, scheduling, and communications tools, is provided as part of their work responsibilities, subject to the Household Subscriber's direction.
Household staff should be aware that their activity on the platform (such as task completion, time-off requests, and schedule interactions) is visible to the Household Subscriber's designated administrators. The Household Subscriber is responsible for providing any required employment-related privacy notices to staff regarding this monitoring.
Family members of the Principal may be granted access with varying levels of permissions at the Household Subscriber's discretion. Invited guests may receive limited, time-bound access to specific features. Guest access is provided solely at the direction of the Principal or an authorized household administrator. Tidemere does not independently verify the identity of guests and is not responsible for any consequences arising from access granted to guests by a Household Subscriber.
End Users' access to the Services is subject to the applicable Subscriber's account remaining active and to any access permissions set by the Subscriber. Tidemere may also suspend or terminate an individual End User's access at a Subscriber's request or for violations of these Terms.
You agree not to use the Services to:
Tidemere reserves the right to suspend or terminate accounts that violate this section, without notice and without refund.
The Tidemere platform supports in-application payments for club dues, lesson fees, event deposits, and member tabs. All such payments are processed in a structure where the applicable Club is the merchant of record, meaning that member payment transactions are between the member and the Club, not between the member and Tidemere.
Tidemere facilitates payment processing through a third-party payment processor (Stripe, Inc.). By using the payment features of the Services, you agree to that payment processor's terms of service and privacy policy.
Tidemere does not hold, custody, or control member funds. Any disputes regarding charges, refunds, or billing should be directed to the applicable Club. Tidemere is not responsible for resolving payment disputes between Clubs and their members.
Club Subscribers are responsible for ensuring that their use of the payment features complies with all applicable laws, including card network rules, applicable state money transmission laws, and consumer protection requirements.
Tidemere's collection and use of information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you agree to the Privacy Policy.
As between Tidemere and a Club Subscriber, the Club is the controller of member data entered into the Services and Tidemere processes that data solely on the Club's behalf. The Club Subscriber's obligations with respect to member data are set forth in Section 6 and in any applicable Data Processing Agreement between the Club and Tidemere.
Tidemere does not sell member data or use it for advertising or purposes unrelated to providing the Services.
The Services, including all software, design, text, graphics, user interfaces, logos, trademarks, and other content, are owned by Tidemere or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services or Tidemere's intellectual property other than the limited right to use the Services as described in these Terms.
You retain ownership of all data and content you or your members submit to the Services ("Your Data"). By providing Your Data to Tidemere, you grant Tidemere a limited, non-exclusive, royalty-free license to use, store, process, and transmit Your Data solely as necessary to provide and operate the Services.
Tidemere does not claim any ownership over Your Data. Upon termination of a Club Subscriber's account, Tidemere will make Your Data available for export for 30 days after which it will be deleted from Tidemere's systems, subject to any legal retention obligations.
If you provide Tidemere with suggestions, feedback, or ideas regarding the Services ("Feedback"), you grant Tidemere a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that Feedback in the Services or otherwise, without any obligation to you.
The Services may integrate with or link to third-party services, including payment processors, communication tools, and infrastructure providers. Tidemere does not control those services and is not responsible for their content, availability, or practices. Your use of any third-party service is subject to that service's own terms and privacy policy.
Any third-party integrations are provided for convenience. Tidemere does not endorse or warrant any third-party service.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIDEMERE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TIDEMERE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIDEMERE DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.
The allergy and spending-limit features of the Services are designed to assist Clubs and staff in surfacing known member information at the point of service. They do not replace professional medical advice, food allergy management programs, or the judgment of trained Club staff. Tidemere does not guarantee that all allergy information is accurate or complete, and is not responsible for any injury, illness, or harm arising from reliance on the allergy features of the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIDEMERE AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF TIDEMERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL TIDEMERE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO TIDEMERE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100.00).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, Tidemere's liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Tidemere and its members, officers, employees, agents, successors, and assigns from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) data you provide to Tidemere, including any claim that such data infringes or misappropriates any third-party rights; or (e) any dispute between you and any Club, member, or other third party.
Tidemere reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Tidemere's defense of such claims.
These Terms are effective when you first access or use the Services and continue until terminated as set forth here.
Club Subscribers may terminate their subscription by providing written notice to Tidemere in accordance with their subscription agreement. Unless otherwise specified, termination takes effect at the end of the then-current billing period.
Tidemere may suspend or terminate your access to the Services at any time, with or without notice, if: (a) you breach these Terms; (b) you fail to pay fees when due; (c) we reasonably believe that your use of the Services poses a security or legal risk; or (d) we discontinue the Services.
Tidemere will provide reasonable advance notice before terminating a Club Subscriber's account for reasons other than breach, unless immediate action is necessary to protect the security or integrity of the Services.
Upon termination, your right to access the Services ends immediately. Sections of these Terms that by their nature should survive termination, including Sections 10, 11, 13, 14, 15, and 17, will survive.
Following termination of a Club Subscriber's account, Tidemere will make the Club's data available for export for 30 days. After that period, Tidemere may delete the data from its systems, subject to any legal retention obligations.
These Terms and any dispute arising out of or related to the Services are governed by the laws of the State of California, without regard to its conflict of law principles.
Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in San Mateo County, California. Both parties consent to the personal jurisdiction of such courts.
Before filing a formal legal claim, both parties agree to attempt to resolve any dispute informally by contacting Tidemere at hello@tidemere.com. Tidemere will attempt to resolve the dispute within 30 days of receiving notice.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
These Terms, together with the Privacy Policy and any subscription agreement or Data Processing Agreement entered into with a Club Subscriber, constitute the entire agreement between you and Tidemere regarding the Services and supersede all prior agreements and understandings.
Tidemere may update these Terms from time to time. We will provide notice of material changes by email to Club Subscriber contacts and by updating the "Last updated" date on this page. Continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms.
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and all other provisions will remain in full force and effect.
Tidemere's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
You may not assign your rights or obligations under these Terms without Tidemere's prior written consent. Tidemere may assign these Terms in connection with a merger, acquisition, or sale of assets without your consent, subject to providing notice.
Tidemere is not liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including natural disasters, internet or telecommunications failures, government actions, or other events of force majeure.
These Terms are for the benefit of Tidemere and you only. They do not create rights in any third party.
Notices to Tidemere under these Terms must be sent to hello@tidemere.com or to Tidemere, LLC, 300 El Camino Real, Suite 200, Menlo Park, CA 94025. Notices to Club Subscribers will be sent to the email address on file for the account.
Questions about these Terms should be directed to: