Terms of Service

These terms are an agreement between you and Shawn Mian (“we”, “us”) covering your use of the SwingSpot iPhone app and this website (together, the “Service”). By creating an account or using the app you agree to them. If you do not agree, do not use the Service.

1. What SwingSpot is — and is not

SwingSpot measures the movement of a golfer’s body from video: swing phases, tempo and selected body-position figures, compared against a fixed population of previously measured swings. It is an informational tool.

• It is not coaching, instruction, or professional advice, and it is not a substitute for a qualified golf coach.
• It is not a medical, health or fitness device and makes no health or injury claims.
• It measures your body from a 2D video. It cannot see your equipment and does not measure it. Results depend on video quality, camera angle and framing, and may be withheld when the app judges them unreliable.

You are responsible for how you use any result, including any physical activity you undertake in response to it.

2. Eligibility and accounts

You must be at least 13 years old (or the age of digital consent where you live) to create an account. You agree to give an accurate email address, to keep your password private, and to tell us if you think your account has been used without permission. You are responsible for activity under your account.

3. Your content

Videos you record or import stay on your device and remain yours. The measurements the app produces from them are stored in your account so you can access them on other devices. You grant us only the limited licence needed to store and display that data back to you and to operate the Service. We do not use your videos or measurements to train models, for advertising, or for any purpose beyond providing the Service, unless you explicitly opt in to something that says otherwise.

You must have the right to any video you import. Do not import footage of someone who has not agreed to be filmed.

4. Subscriptions and payment

Some features may require a paid membership. Purchases are made through Apple’s App Store, billed to your Apple Account, and governed by Apple’s terms. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Manage or cancel them in your iPhone Settings → Apple Account → Subscriptions. Refunds are handled by Apple under its policies; we cannot issue them directly. Prices may change, and you will be notified before any change applies to you.

5. Acceptable use

Do not:

• reverse-engineer, decompile or attempt to extract the app’s models or source code, except where the law expressly permits;
• access or attempt to access another person’s account or data;
• interfere with the Service, probe it for vulnerabilities without permission, or use it to send spam or malware;
• resell, sublicense or offer the Service as part of another product;
• use the Service in a way that breaks any law.

6. Licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on Apple devices you own or control, as permitted by the App Store terms. The app, its measurement methods, its reference population and its content are our intellectual property or that of our licensors.

7. Availability and changes

We may change, suspend or discontinue any part of the Service at any time, including the measurements offered and the way they are calculated. Measurement methods are versioned; re-analysing an old swing under a new version may change its figures. We aim to give notice of significant changes but cannot guarantee uninterrupted availability.

8. Termination

You can delete your account at any time from inside the app; see thePrivacy Policy for what that removes. We may suspend or terminate accounts that violate these terms or that we must close for legal reasons. Sections that by their nature should survive termination (such as 9–11) do.

9. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including fitness for a particular purpose and accuracy of results. Measurements are estimates from consumer video and may be wrong; the app withholds figures it judges unreliable but cannot catch every case.

10. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the amount you paid us in the twelve months before the claim arose, or USD 50, whichever is greater. Some jurisdictions do not allow these limitations, in which case they apply only to the extent permitted.

11. Indemnity

You agree to indemnify us against claims arising from your breach of these terms or your misuse of the Service, including importing footage you had no right to use.

12. Apple

These terms are between you and us, not Apple. Apple has no obligation to provide maintenance or support for the app and is not responsible for addressing any claims relating to it. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

13. Governing law and disputes

These terms are governed by the laws of the State of Arizona, United States, without regard to conflict-of-law rules. Before bringing a formal claim, contact us at support@swingspot.app and we will try to resolve it informally within 30 days. Nothing in these terms removes consumer rights that cannot be waived by contract where you live.

14. Changes to these terms

We may update these terms. The date at the top will change, and material changes will be announced in the app before they take effect. Continuing to use the Service after that means you accept the new terms.

Contact

support@swingspot.app