Swing Intelligence, Inc. - Terms of Service
Last Updated: January 14th, 2025
1. Acceptance of Terms
By creating an account or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other applicable policies or guidelines. If you do not agree to any of these Terms, you must discontinue use immediately.
2. Description of Services
The App provides golf swing advice and related content, which may include:
1. Real-Time Swing Feedback
2. Swing Analysis
3. Personalized Recommendations
We reserve the right to modify or discontinue, temporarily or permanently, any part of our services with or without notice. We will not be liable for any modification, suspension, or discontinuance of the App.
3. User Eligibility
• Age Requirement: You must be at least 13 years old to use the App. If you are under 18 (or under the age of majority in your jurisdiction), you must obtain the consent of a parent or legal guardian to use the App.
• Compliance: By using the App, you represent and warrant that you comply with all applicable laws and regulations.
4. User Account and Security
• Account Creation: In order to access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
• Account Termination: We may suspend or terminate your account at any time if we believe you have violated these Terms.
5. User Responsibilities and Conduct
• Proper Use: You agree to use the App solely for its intended purposes. You will not misuse or interfere with the App or attempt to access any unauthorized areas of the App or its servers.
• Prohibited Conduct: You agree not to:
- Use the App for any unlawful purpose.
- Upload or transmit any harmful code, viruses, or malware.
- Harass, threaten, or violate the rights of others.
- Collect or store personal data about others without permission.
• User-Generated Content: If the App allows you to post or upload content (e.g., swing videos, comments), you are solely responsible for the legality, reliability, and appropriateness of that content. We reserve the right, but have no obligation, to remove any user-generated content that violates these Terms.
6. Health and Safety Disclaimer
• No Substitute for Professional Advice: The App’s recommendations, advice, and other content are provided for informational purposes only and are not intended as a substitute for medical or professional training advice. Always consult with a qualified coach, instructor, or medical professional before making changes to your training or golf routine.
• Risk of Injury: Golf involves physical activity that carries inherent risk of injury. You acknowledge and assume full responsibility for all risks arising from your use of the App’s content and recommendations, including but not limited to strain, sprains, or other injuries.
7. Disclaimer of Warranties
• As Is: The App and all content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.
• Accuracy: We make no warranty as to the accuracy, reliability, or completeness of the swing analysis, real-time feedback, or other content provided through the App.
• Third-Party Services: The App may integrate with or link to third-party services. We are not responsible for the content, reliability, or policies of third-party services, and we do not endorse any third-party products or services.
8. Limitation of Liability
• No Liability for Damages: To the fullest extent permitted by law, Swing Intelligence, Inc., its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
• Cap on Liability: In no event will our total liability for all claims arising from or relating to the App exceed the amount paid by you to Swing Intelligence, Inc. for using the App.
• Assumption of Risk: You assume full responsibility for any damage to your computer system, mobile device, or data that results from the download or use of the App.
9. Indemnification
You agree to defend, indemnify, and hold harmless Swing Intelligence, Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:
1. Your access to or use of the App.
2. Your violation of these Terms.
3. Your violation of any applicable law or infringement of any third-party right.
10. Intellectual Property
• Ownership: All content, features, and functionality on the App (including text, graphics, logos, images, videos, and software) are the exclusive property of Swing Intelligence, Inc. or its licensors and are protected by applicable intellectual property laws.
• License: We grant you a limited, non-exclusive, non-transferable license to access and use the App for your personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our services or software without our prior written permission.
• Feedback: If you provide suggestions, comments, or other feedback about the App, you grant us the right to use such feedback without any obligation to you.
11. Modifications to the Terms
We reserve the right to modify these Terms at any time. When we do, we will update the “Last Updated” date at the top of these Terms. Your continued use of the App after any such changes constitutes your acceptance of the new Terms. If you do not agree to any modifications, you must stop using the App.
12. Termination
• Termination by You: You may discontinue use of the App at any time by deleting your account or uninstalling the App.
• Termination by Us: We may, in our sole discretion, suspend or terminate your access to the App for any reason, including violation of these Terms.
• Effect of Termination: Upon termination, all rights granted to you under these Terms will cease, and you must immediately cease all use of the App. Any provisions that by their nature should survive termination (e.g., Limitation of Liability, Indemnification) will remain in effect.
13. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or related to them will be governed by and construed in accordance with the laws of Delaware, without regard to conflict of law provisions. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the courts located in Delaware. You consent to the personal jurisdiction of such courts.
14. Miscellaneous
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede all prior or contemporaneous agreements.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
15. Contact Us
If you have any questions, concerns, or comments about these Terms, please contact us at:
• Email: legal@swingintelligence.com
• Address: 3145 Hammock Way, Vero Beach, FL
By using the App, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree, please discontinue use of the App immediately.
Thank you for using Swing Coach! We appreciate your trust and look forward to helping you improve your golf swing.