Terms of Service

1. Who these terms are with

These terms are an agreement between you and Shawn Mian, an individual developer, covering the iOS app Swing Check and the websiteshawnmian.com. By using either, you agree to them. If you do not, please stop using the app and delete it.

2. Licence

You get a personal, non-exclusive, non-transferable licence to use Swing Check on devices you own or control, for your own non-commercial use. You may not copy, resell, rent, reverse-engineer, or attempt to extract the source of the app, except where that restriction is prohibited by law.

3. Your account

Some features require an account. You are responsible for keeping your password secure and for activity under your account. Give accurate information when you sign up, and tell me promptly if you believe your account has been compromised.

4. Membership and billing

Swing Check offers an auto-renewing subscription. The current price, billing period, and any free-trial length are shown in the app before you purchase and on the App Store listing — those are always the authoritative figures.

• Payment is taken by Apple and charged to your Apple Account at confirmation of purchase.
• It renews automatically unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours of the period ending.
• You can cancel any time in Settings on your Apple device. Cancelling stops future renewals; it does not end the period you have already paid for, and deleting the app does not cancel a subscription.
• If a free trial is offered, any unused portion is forfeited when you buy a subscription during the trial.
• Refunds are handled by Apple under its own policies, not by me. Request one through Apple Support.

Prices may change. If a price changes, it will not take effect for your existing subscription until the following renewal, and Apple will ask you to confirm before charging the new amount.

5. What the app does and does not claim

Swing Check measures the movement of a golfer's body from video. A phone camera cannot reliably see a clubhead, a shaft, a swing plane, or ball flight, and the app does not claim to measure any of them.

Nothing in the app is medical, health, or injury advice. It is not a medical device, it does not diagnose or treat anything, and it cannot tell you whether a movement is safe for your body. Golf is physical activity that carries risk of injury. Consult a qualified professional before changing how you move, and stop if something hurts. You use the app, and act on what it shows you, at your own risk.

Measurements are estimates derived from video. Lighting, camera angle, framing, and clothing all affect accuracy. Treat the numbers as a guide, not as ground truth.

6. Acceptable use

You agree not to:

• Use the app to record anyone without their knowledge and consent
• Upload or capture unlawful content, or content you have no right to use
• Interfere with, probe, or attempt to gain unauthorised access to the app's systems or another person's account
• Use the app in a way that breaks the law where you are

7. Your content

Your videos and the measurements taken from them are yours. They stay on your device, as described in the Privacy Policy. I claim no licence or ownership over them, and cannot access them.

8. Availability and changes

The app is offered as it is, and is under active development. Features may change or be removed, and service may be interrupted. If a significant feature you are paying for is removed, you can cancel your subscription as described above.

9. Termination

You may stop using the app and delete your account at any time. I may suspend or terminate access that breaches these terms or that puts other users or the service at risk. Sections 5, 9, 10 and 11 survive termination.

10. Disclaimers and limitation of liability

The app and website are 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.

To the fullest extent the law allows, I am not liable for indirect, incidental, special, consequential, or punitive damages, or for lost data, lost profits, or personal injury arising from your use of the app. Where liability cannot be excluded, it is limited to the amount you paid in the twelve months before the claim.

Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you. Nothing here limits rights you have under consumer law that cannot be waived.

11. Governing law

These terms are governed by the laws of the State of Arizona, United States, without regard to its conflict-of-law rules. This does not deprive you of protections under the mandatory law of the country where you live.

12. Changes to these terms

These terms may be updated. The date at the top of this page will change, and material changes will be surfaced in the app. Continuing to use the app after a change means you accept the revised terms.

13. Contact

Questions about these terms:[email protected].