Terms of Use

About these terms

These terms are an agreement between you and Benjamin Noah Siegel, New York, United States (“we”, “us”), for your use of the Swing Smarter app and the swingsmartergolf.com website (together, the “Service”). By creating an account or using the app, you agree to these terms. If you don’t agree, don’t use the Service.

Our Privacy Policy explains how we handle your personal data. Apple’s terms also apply to the app, as described in App Store terms.

Who can use Swing Smarter

• You must be at least 13 years old, and old enough under the law where you live to agree to these terms. If you are under 18, a parent or guardian should review these terms with you.
• Give accurate information when you create your account, and keep your sign-in details secure. You are responsible for activity on your account. Tell us at support@swingsmartergolf.com if you think someone else has used it.
• Swing Smarter is available for iPhone. It is not available for Android.

Your license to use the app

We give you a personal, non-exclusive, non-transferable, revocable license to download and use the Swing Smarter app on Apple devices that you own or control, for your own non-commercial use, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions. We and our licensors own the Service, including the app, the drill catalog, the model swings, the coaching content we create and our brand. You get no other rights in them except as these terms say.

App Store terms

Apple’s Licensed Application End User License Agreement (the “Standard EULA”) applies to your use of the app together with these terms. If they conflict about your license to use the app, the Standard EULA wins. You and we also agree that:

• These terms are between you and us, not Apple, and we, not Apple, are responsible for the app and its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to meet an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the extent the law allows, Apple has no other warranty obligation for the app.
• Apple is not responsible for any claims by you or anyone else relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection claims.
• If anyone claims that the app infringes their intellectual property rights, we, not Apple, are responsible for dealing with that claim.
• You confirm that you are not in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Subscriptions and the free trial

Plans

Swing Smarter has a free plan and a paid Pro subscription, available monthly or yearly. Each plan includes set amounts of video analyses, Live Coach time, coach messages and practice plans, which reset monthly, daily or weekly as shown in the app. Current prices and limits are shown in the app and on our pricing section; the App Store shows the final price for your country before you buy. On the free plan, swings older than 30 days are hidden but not deleted; upgrading shows them again.

Billing and automatic renewal

• Subscriptions are sold, billed and managed by Apple through the App Store. Payment is charged to your Apple ID when you confirm your purchase (or, for a free trial, when the trial ends).
• Your subscription renews automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. Your Apple ID is charged for the renewal within the 24 hours before the current period ends.

The free trial

• New Pro subscribers get a 7-day free trial. Apple decides who is eligible, and a trial can only be used once.
• During the trial, limits are lower than full Pro: 5 video analyses, 30 minutes of Live Coach, 3 coach messages a day and 2 practice plans a week.
• When the trial ends, it converts to a paid Pro subscription and you are charged, unless you cancel at least 24 hours before the trial ends.
• If you buy a subscription during a free trial, any unused part of the trial ends.

Canceling

Cancel any time in your Apple ID subscription settings (on iPhone: Settings → your name → Subscriptions). Canceling stops future renewals; you keep Pro until the end of the period you have paid for. Deleting the app or your Swing Smarter account does not cancel your subscription.

Refunds

Apple handles all payments and refunds for App Store purchases under its own policies, and we can’t issue refunds for them ourselves. You can request a refund from Apple at reportaproblem.apple.com.

Price and plan changes

We may change prices. Apple will tell you before a price change applies to your subscription and, where Apple’s rules require it, ask for your agreement first. If you don’t want to pay the new price, cancel before it takes effect. We may also change what the free plan includes. If we materially reduce what Pro includes, we will tell you in advance, and the change will apply from your next renewal.

AI coaching and measurements

• Swing Smarter measures your body from video taken with a single camera, in two dimensions. These measurements are estimates. Their accuracy depends on your video (angle, light, distance, frame rate, and whether your whole body is in view), which is why findings carry confidence levels.
• Swing Smarter does not measure club path, club face, ball flight, speed, distance or launch data.
• Coaching is written by an AI model from those measurements, and checked against our drill catalog and rules before you see it. AI output can still be wrong, incomplete or inconsistent.
• Coaching is general guidance for practicing golf. It is not instruction from a certified golf professional, and it is not medical, physiotherapy or fitness advice. You decide whether to follow it.

Physical activity and safety

• Golf, and practicing the movements and drills the app suggests, carries a risk of injury. If you have a health condition, an injury or any doubt about your fitness, talk to a doctor before you start.
• Warm up before you swing. Stop if you feel pain, dizziness or discomfort, and get medical advice if it continues.
• Before every swing, make sure the area around you is clear of people, pets and objects. Set up your phone and tripod where neither you nor anyone else can hit or trip over them.
• Follow the rules of the course or range you use, and stay aware of your surroundings. Don’t let the app distract you from them.
• You are responsible for your own safety and for deciding which drills are suitable for you.

Your content

• Your videos stay yours. “Your content” means the videos you record or import, your profile, and the questions and messages you send. You keep all rights in it.
• Our license is limited to running the Service. You give us a non-exclusive, royalty-free license to store, copy, process, analyze and display your content, and to share it with our service providers (such as our AI provider), only as needed to provide, maintain and secure the Service for you. The license ends when you delete the content or your account, except for copies in backups until they expire and anything we must keep by law.
• Model training only with your consent. We use your videos to train or improve our own models only if you turn on the separate model-training setting. It is off by default, and you can turn it off at any time.
• Only upload what you have the right to. Record yourself, or people who have agreed to be recorded and analyzed. Don’t upload footage that belongs to someone else without permission.
• Feedback. If you send us suggestions, we may use them without any obligation to you.

Acceptable use

When you use the Service, don’t:

• break the law or anyone else’s rights, or upload content that is unlawful, sexual, hateful, harassing or harmful;
• upload videos of anyone under 18 without the consent of their parent or guardian;
• try to access another person’s account or data, or test, probe or get around our security, rate limits or plan limits;
• interfere with or overload the Service, or access it with bots, scrapers or other automated means except through the app as intended;
• copy, modify, reverse engineer or decompile the app, except where the law allows this despite these terms;
• resell, rent or use the Service for commercial purposes without our written permission; or
• pass off the app’s AI coaching as advice from a human golf professional.

Other services

The Service works with services run by others, such as Apple (the App Store and Sign in with Apple) and YouTube (drill demonstration videos). Their terms apply to your use of them, and we are not responsible for them.

Changes to the Service

We are improving Swing Smarter all the time, so features will change. We may add, change or remove features, and we can’t promise the Service will always be available or free of errors. If we stop providing the Service altogether, we will give you reasonable notice where we can.

Ending your use

• You can stop using Swing Smarter at any time and delete your account in Settings → Privacy & data → Delete account, or as described on our account deletion page. Cancel any subscription with Apple separately.
• We may suspend or close your account if you seriously or repeatedly break these terms, if the law requires it, or to protect other users or the Service. Where appropriate, we will tell you why and give you a chance to respond.
• The sections on your content, disclaimers, limitation of liability and governing law continue to apply after your use ends.

Disclaimers

To the fullest extent the law allows, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that using Swing Smarter will improve your golf, or that measurements or coaching will be accurate or complete.

Nothing in these terms limits rights you have under consumer protection laws that cannot be waived or limited by contract.

Limitation of liability

To the fullest extent the law allows, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill, arising from your use of the Service. Our total liability for all claims relating to the Service is limited to the greater of the amount you paid for Swing Smarter in the 12 months before the event giving rise to the claim, or US$50.

These limits do not apply to liability that cannot be limited by law, such as liability for death or personal injury caused by our negligence, or for fraud.

Governing law and disputes

These terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-law rules, and the courts of the State of New York, United States have jurisdiction over disputes about them. If you are a consumer living in the EEA, the UK or Switzerland, you also keep the protection of the mandatory laws of the country where you live, and you may bring proceedings in the courts there.

If you have a problem, please contact us first at support@swingsmartergolf.com. Most issues can be sorted out quickly that way.

Changes to these terms

We may update these terms. We will post the new version here with a new effective date. If a change is significant, we will tell you in the app before it takes effect and ask you to accept the updated terms. If you don’t accept them, stop using the Service and delete your account.

General

These terms, the Privacy Policy and Apple’s Standard EULA are the whole agreement between you and us about the Service. If a court finds part of these terms unenforceable, the rest stays in effect. If we don’t enforce a term straight away, we can still enforce it later. We may transfer these terms to a company that takes over the Service; you may not transfer them without our permission.

Contact

Benjamin Noah Siegel
New York, United States
Email: support@swingsmartergolf.com