Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the SwingAwai mobile application ("App," "Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and SwingAwai. You must be at least 13 years old to use this Service. If you are between 13 and 18, you must have parental or guardian consent.

2. Description of Service

SwingAwai is an AI-powered golf swing analysis application that:

• Records golf swings using your device camera at high frame rates (120-240 fps)
• Analyzes swing biomechanics using on-device pose detection technology
• Provides AI-generated insights and personalized coaching recommendations
• Tracks progress and improvement over time
• Offers both free and premium subscription tiers

3. Account Registration and Security

3.1 Account Creation

• You must provide accurate, complete, and current information
• You may register using email/password, Google Sign-In, or Apple Sign-In
• One account per person; no account sharing allowed
• You are responsible for maintaining account confidentiality

3.2 Account Security

• You must immediately notify us of any unauthorized account use
• You are responsible for all activities under your account
• We reserve the right to suspend or terminate accounts violating these Terms
• We are not liable for any loss from unauthorized account access

4. Subscription Terms

4.1 Subscription Tiers

• Free Tier: Limited features with restricted quotas
• Basic Tier: Enhanced quotas and features (pricing as displayed in-app)
• Premium Tier: Full access to all features (pricing as displayed in-app)

4.2 Payment and Billing

• Subscriptions are billed through Apple App Store
• Payment charged to your Apple ID account upon confirmation
• Subscriptions auto-renew unless cancelled 24 hours before period ends
• Prices subject to change with 30 days notice

4.3 Quotas and Limits

• Analysis Quota: Number of swing analyses per billing period
• AI Questions Quota: Number of AI chat interactions per billing period
• Quotas reset at the beginning of each billing cycle
• Unused quotas do not roll over to the next period

4.4 Cancellation and Refunds

• Cancel anytime through App Store subscription management
• No refunds for partial billing periods
• Cancellation takes effect at end of current billing period
• Access continues until end of paid period

5. User Content and Conduct

5.1 Your Content

• You retain ownership of videos and content you upload
• You grant us a license to use your content to provide the Service
• This license includes the right to process, analyze, and store your content
• You can delete your content anytime through the app

5.2 Prohibited Conduct

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Upload content that infringes on intellectual property rights
• Attempt to reverse engineer, decompile, or hack the App
• Use automated systems or bots to access the Service
• Resell or commercially exploit the Service
• Impersonate others or provide false information
• Upload malicious code or viruses
• Circumvent quotas or subscription limitations
• Share accounts or subscription credentials

5.3 Content Standards

• Upload only your own golf swing videos or those you have permission to use
• Do not upload inappropriate, offensive, or non-golf related content
• Ensure videos do not contain illegal or harmful content

6. Intellectual Property Rights

6.1 Our Property

• The App, including its design, features, and functionality, is owned by SwingAwai
• Our trademarks, logos, and brand features are protected
• The AI algorithms, analysis methods, and coaching content are proprietary
• You may not copy, modify, or create derivative works without permission

6.2 Your Rights

• You own your golf swing videos and personal content
• Analysis results based on your swings belong to you
• You may export and download your data

6.3 Feedback

• Any feedback, suggestions, or ideas you provide become our property
• We may use feedback without compensation or attribution
• Do not submit feedback containing confidential information

7. Privacy and Data Protection

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

8. Third-Party Services

8.1 AI Services

• We use OpenAI and/or Google Gemini for swing analysis
• Biomechanical data (not videos or personal info) is sent to these services
• We are not responsible for third-party service outages or errors

8.2 Authentication Providers

• Google and Apple provide authentication services
• Their terms and privacy policies apply to their services
• We are not responsible for third-party authentication issues

8.3 Payment Processing

• Apple handles all payment processing
• Apple's terms govern payment disputes and refunds
• We do not store payment card information

9. Disclaimers and Limitations

9.1 Medical Disclaimer

9.2 Accuracy Disclaimer

• AI analysis may contain errors or inaccuracies
• Results are suggestions, not guaranteed improvements
• Individual results will vary based on many factors
• Professional instruction may still be beneficial

9.3 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF RESULTS

9.4 No Guarantee

We do not guarantee:

• Improvement in golf performance
• Availability or uptime of the Service
• Error-free or uninterrupted operation
• Compatibility with all devices or iOS versions

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless SwingAwai and its officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, and expenses arising from:

• Your violation of these Terms
• Your violation of any third-party rights
• Your content or use of the Service
• Any physical injury resulting from following app recommendations

12. Termination

12.1 By You

• You may terminate by deleting the app and cancelling subscriptions
• Request account deletion through app settings or email

12.2 By Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent activity
• Required by law or legal process
• The Service is discontinued

12.3 Effect of Termination

• Access to the Service immediately ceases
• We may delete your data after 30 days
• Paid subscriptions continue until period ends
• Sections that should survive termination will remain in effect

13. Modifications to Terms

• We may modify these Terms at any time
• Material changes will be notified via app or email
• Continued use after changes constitutes acceptance
• If you disagree with changes, stop using the Service

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by the laws of Canada, without regard to conflict of law principles.

14.2 Arbitration Agreement

Any disputes shall be resolved through binding arbitration, not courts, except:

• Small claims court disputes
• Injunctive relief for intellectual property violations

14.3 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action.

14.4 Time Limitation

Any claim must be brought within one year of when it arose.

15. General Provisions

15.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and SwingAwai.

15.2 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

15.3 Waiver

Our failure to enforce any right is not a waiver of that right.

15.4 Assignment

We may assign these Terms; you may not without our consent.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our control.

16. Specific Terms for App Store

16.1 Apple App Store

Additional terms apply when downloading from Apple App Store:

• Apple is not responsible for the Service
• Apple has no obligation to provide support
• Claims should be directed to us, not Apple
• Apple is a third-party beneficiary of these Terms

17. Contact Information

For questions about these Terms of Service:

18. Special Provisions

18.1 Beta Features

• Features marked "Beta" are experimental
• Beta features may be discontinued without notice
• No liability for issues with beta features

18.2 Professional Advice

• The app does not replace professional golf instruction
• Consider consulting PGA professionals for comprehensive improvement
• Safety first: warm up properly and know your limits

18.3 Export Controls

You agree not to export the app to countries under U.S. export restrictions.

18.4 California Residents

If you are a California resident, you may have additional rights under California law.

18.5 European Users

If you are in the European Economic Area, additional protections under EU law may apply.