SwingGPT Terms of Service

1. Acceptance of Terms

Welcome to SwingGPT (the "App," "Service," "we," "us," or "our"). These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and SwingGPT governing your access to and use of the SwingGPT iOS application and any related services.

By downloading, installing, accessing, or using SwingGPT, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.

2. Eligibility

You must be at least 13 years old to use SwingGPT. By using the App, you represent that you meet this minimum age requirement. If you are under the age of majority in your jurisdiction, you must have permission from a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

The App is not intended for, and we do not knowingly collect data from, children under 13. If you believe a child under 13 has used the App, please contact us at riotychang@gmail.com.

3. Description of Service

SwingGPT is an AI-powered golf swing coaching application. The App uses your device's camera to capture your golf swing, extracts body pose landmarks on-device, and provides personalized coaching feedback through text and audio generated by artificial intelligence.

Features include real-time voice coaching, swing analysis, multiple coach personas, progress tracking, slow-motion replay, and multilingual support (English, Japanese, Traditional Chinese). Features may be added, modified, or removed at our discretion.

4. Account Registration

To use the App, you must create an account using Apple Sign-In or Google Sign-In. You agree to provide accurate information and to keep your account credentials secure. You are responsible for all activity that occurs under your account.

You may not share your account, transfer it to another person, or create an account using another person's identity. Notify us immediately at riotychang@gmail.com of any unauthorized use of your account.

5. Subscriptions, Billing, and Free Tier

5.1 Free Tier

SwingGPT offers a free tier that includes up to 5 swing analyses per day with real-time AI coaching feedback. Certain features — including session history and customization of coach persona, skill level, and other personalization settings — are reserved for Premium subscribers. Usage limits and feature availability are subject to change.

5.2 Premium Subscriptions

Premium subscriptions (Monthly and Annual) unlock unlimited swing analyses, session history, and customizable settings (including coach persona and skill level). Pricing is displayed in the App at the point of purchase and may vary by region.

5.3 Billing through Apple

All subscriptions are sold and processed through Apple's In-App Purchase system. Payment is charged to your Apple ID account at confirmation of purchase. We do not collect or store your payment information.

5.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless auto-renewal is turned off at least 24 hours before the end of the current period. Your Apple ID will be charged for renewal within 24 hours of the end of the current period at the then-current price. You can manage subscriptions and turn off auto-renewal in your Apple ID Account Settings after purchase.

5.5 Refunds

All purchases are final and non-refundable except as required by applicable law. Refund requests for App Store purchases are handled solely by Apple in accordance with their refund policies. To request a refund, contact Apple Support.

5.6 Price Changes

We may change subscription prices from time to time. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Service after a price change, you accept the new price.

6. User Conduct

You agree not to:

• Use the App for any illegal, harmful, or unauthorized purpose
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Modify, adapt, translate, or create derivative works based on the App
• Use automated systems (bots, scrapers) to access or interact with the App
• Interfere with or disrupt the App's servers, networks, or security
• Attempt to bypass free tier limits, subscription enforcement, or other access controls
• Resell, redistribute, or commercially exploit the App or its content without our written permission
• Impersonate any person or misrepresent your affiliation with any person or entity
• Upload content or use the camera in a manner that violates the privacy or rights of third parties

7. Intellectual Property

7.1 Ownership

The App, including all software, content, designs, graphics, logos, AI models, and coaching algorithms, is owned by SwingGPT or its licensors and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted to you are reserved.

7.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Apple-branded devices that you own or control, solely for personal, non-commercial use.

7.3 Your Content

You retain ownership of the pose landmark data derived from your swings. By using the App, you grant us a worldwide, royalty-free license to use, store, process, and analyze this data to provide and improve the Service, as described in our Privacy Policy.

7.4 Feedback

If you submit suggestions, ideas, or feedback about the App, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without compensation or attribution.

8. AI Coaching Disclaimer

SwingGPT is not a substitute for instruction from a certified golf professional, physical therapist, medical professional, or other qualified expert. We make no guarantees regarding skill improvement, score reduction, or any other outcome.

AI-generated coaching responses are produced by third-party large language models and may contain errors. You are solely responsible for evaluating the suitability of any advice before applying it.

9. Health and Safety

You agree to:

• Consult a qualified medical professional before beginning or modifying any physical activity, especially if you have a pre-existing condition
• Stop immediately if you experience pain, discomfort, dizziness, or other adverse symptoms
• Practice in a safe environment with adequate space for swinging a club
• Use proper, well-maintained equipment
• Not rely on AI coaching as a replacement for in-person instruction or medical guidance

SwingGPT is not responsible for any injury, damage, or loss arising from your use of the App.

10. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using SwingGPT, you consent to the data practices described therein.

11. Third-Party Services

The App integrates with third-party services including Apple Sign-In, Google Sign-In, Google MediaPipe, third-party AI providers, and the Apple App Store. Your use of these services is governed by their respective terms and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services.

12. Termination

12.1 Termination by You

You may stop using the App and delete your account at any time by contacting us at riotychang@gmail.com. Subscription cancellation is managed through your Apple ID Account Settings.

12.2 Termination by Us

We may suspend or terminate your access to the App, with or without notice, if you violate these Terms, engage in fraudulent or abusive activity, or if we discontinue the Service. Upon termination, your right to use the App ceases immediately.

12.3 Effect of Termination

Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive any termination of these Terms.

13. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that the App will meet your requirements, that AI coaching feedback will be accurate, or that defects will be corrected.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWINGGPT, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of, or inability to use, the App.

Our total cumulative liability for any claim arising from these Terms or your use of the App shall not exceed the greater of (a) the amount you paid to us for the App in the twelve (12) months preceding the claim, or (b) USD $50.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless SwingGPT and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from (a) your use of the App, (b) your violation of these Terms, or (c) your violation of any rights of a third party.

16. Apple-Specific Terms

The following terms apply when you obtain the App from the Apple App Store:

• Acknowledgment: These Terms are between you and SwingGPT only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
• Scope of License: The license granted is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions.
• Maintenance and Support: SwingGPT is solely responsible for providing any maintenance and support for the App. Apple has no obligation to provide any maintenance or support services.
• Warranty: SwingGPT is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• Product Claims: SwingGPT, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• Intellectual Property: In the event of any third-party claim that the App or your use of it infringes that third party's intellectual property rights, SwingGPT, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. Governing Law and Disputes

These Terms are governed by the laws of Taiwan, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the App shall be resolved in the competent courts of Taiwan, except where prohibited by applicable mandatory law (such as the consumer protection laws of your country of residence).

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Effective Date" at the top of this page and notify you through the App or by other reasonable means. Your continued use of SwingGPT after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the App.

19. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and SwingGPT regarding the App and supersede any prior agreements. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.