Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the SwingOn service, an online tennis coaching feedback service operated by Albert Lam, a sole proprietor located in San Mateo County, California (“SwingOn,” “we,” “us,” or “our”). By submitting a video, making a payment, or otherwise using SwingOn, you (“you” or “Customer”) agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to use SwingOn. By using the Service, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding contract.

2. Description of the Service

SwingOn provides personalized, asynchronous tennis coaching feedback based on customer-submitted videos. After payment, the Customer submits a video of one tennis stroke and other relevant information via SwingOn's submission form. SwingOn then reviews the video and delivers narrated video feedback together with a written training plan via email, within approximately 48 hours of receiving a valid, complete submission.

3. Customer Submissions

The Customer is responsible for:

• Uploading the submitted video to a cloud storage service (e.g., Google Drive) and providing SwingOn with a working, accessible shareable link. SwingOn is not responsible for feedback delays or non-delivery caused by a broken, expired, or inaccessible video link, and no refund will be issued in such circumstances unless the Customer provides a corrected, working link within a reasonable time.
• Ensuring the video meets SwingOn’s stated submission requirements (currently: maximum 3 minutes, one stroke per submission, landscape orientation, MP4 or MOV format, maximum 500 MB).
• Ensuring that any individuals appearing in the submitted video have consented to being recorded and to that recording being shared with SwingOn for the purpose of receiving feedback.
• Providing accurate information about themselves, including skill level, stroke being analyzed, and any context provided in the optional notes field.

Prohibited submissions. You may not submit content that: (a) is illegal, obscene, defamatory, threatening, or harassing; (b) depicts any individual under the age of 18; (c) infringes any third party’s intellectual property, privacy, or publicity rights; or (d) is otherwise abusive or inappropriate. SwingOn reserves the right to reject any submission that violates these restrictions without refund.

By making a submission, you represent and warrant that you have all rights necessary to submit the video and that the submission does not infringe any third party’s intellectual property, privacy, publicity, or other rights.

4. Payment

• Price: The current price for one stroke analysis is USD $30.00, payable in advance via Stripe.
• All sales are final. SwingOn does NOT offer refunds once a submission has been accepted, regardless of Customer satisfaction with the feedback provided. Refunds are issued solely at SwingOn's discretion in the limited circumstances described in Section 11.
• Customer is responsible for any applicable sales, use, or value-added taxes.
• Pricing may change at any time. Any change applies prospectively to submissions made after the change.

5. Delivery Timeframe

SwingOn aims to deliver feedback within approximately 48 hours of receiving a complete, valid paid submission. However, this is a target only and is NOT a guaranteed delivery time. Actual delivery times may vary based on submission volume, technical issues, illness, travel, or other factors within or beyond SwingOn's control — including but not limited to internet outages, third-party platform disruptions, natural disasters, or other force majeure events. SwingOn will use commercially reasonable efforts to communicate anticipated delays beyond 48 hours. A delay in delivery does not constitute a breach of these Terms and does not entitle the Customer to a refund.

6. Intellectual Property

Customer Content: You retain ownership of any video, image, or other material you submit to SwingOn (“Customer Content”). By submitting Customer Content, you grant SwingOn a limited, non-exclusive, non-transferable, royalty-free license to view, analyze, and create derivative coaching materials (such as narrated video feedback and written training plans) solely for the purpose of providing the Service to you.

SwingOn Content: All coaching feedback, training plans, instructional materials, written explanations, and SwingOn-branded content delivered to you (“SwingOn Content”) is the intellectual property of SwingOn. SwingOn grants you a personal, non-transferable, non-commercial license to use the SwingOn Content for your own training and personal improvement. You may not redistribute, resell, republish, or commercially exploit the SwingOn Content.

No Marketing Use of Customer Submissions: SwingOn will NOT use Customer Content as marketing, promotional, advertising, or testimonial material without obtaining the Customer’s separate, explicit written consent for that specific use.

7. Disclaimers and Assumption of Risk

Informational and educational purposes only. SwingOn provides feedback strictly for informational and educational purposes. SwingOn is NOT a medical, physical therapy, fitness, nutrition, or licensed sports-medicine professional service. The feedback provided is not a substitute for advice from a qualified medical, physical therapy, or licensed coaching professional when such advice is appropriate.

Coaching feedback is subjective professional opinion. All feedback, recommendations, assessments, drills, and training plans delivered through the Service represent the coach's personal, subjective professional opinion based on the video submitted. They do not constitute an objective, scientific, or clinically verified assessment of any kind. Different coaches and professionals may hold different views on the same technique or training approach.

Assumption of risk and physical activity waiver. You acknowledge that physical activity, including tennis and any drills or exercises suggested in the feedback, carries an inherent risk of physical injury, including serious injury. Before beginning any new exercise program or following any drill or training recommendation contained in SwingOn feedback, you should consult a qualified healthcare provider, particularly if you have any pre-existing injuries, medical conditions, or physical limitations. By using the Service, you voluntarily assume all risks associated with physical activity undertaken in connection with or informed by SwingOn feedback, and you expressly waive and release SwingOn from any and all claims arising from such physical activity or injury.

No guarantee of results. SwingOn makes no representation or guarantee of any specific outcome, including but not limited to improvement in skill, ranking, fitness level, technique, or athletic performance. Results depend entirely on the Customer's own effort, physical condition, consistency of practice, and individual circumstances.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWINGON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, PHYSICAL INJURY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ANY PHYSICAL ACTIVITY UNDERTAKEN IN CONNECTION WITH OR INFORMED BY SWINGON FEEDBACK.

SWINGON’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SUBMISSION GIVING RISE TO THE CLAIM (CURRENTLY USD $30.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, SwingOn’s liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless SwingOn from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) any Customer Content you submit; (d) your violation of any third party’s rights, including without limitation any intellectual property, privacy, or publicity rights; or (e) any physical activity you undertake in connection with or informed by SwingOn feedback.

10. Privacy

Your use of the Service is also subject to the SwingOn Privacy Policy, which describes how we collect, use, and protect your information. The Privacy Policy is incorporated into these Terms by reference.

11. Termination and Refusal of Service

SwingOn reserves the right, at its sole discretion, to refuse service, terminate access, or cancel any pending submission, including in cases where SwingOn believes a Customer has violated these Terms, applicable law, or has submitted abusive, harassing, illegal, or otherwise inappropriate content. Where SwingOn cancels a pending submission for reasons unrelated to a Customer breach, SwingOn will, at its discretion, refund the payment for that submission.

12. Modifications to the Terms

SwingOn may modify these Terms from time to time. The modified Terms will be effective upon posting at the URL where these Terms are published. The Effective Date at the top of the Terms will be updated to reflect any modification. Your continued use of the Service after the posting of modified Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the Service.

13. Governing Law

These Terms are governed by and shall be construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.

14. Dispute Resolution and Venue

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, whether sounding in contract, tort, statute, or otherwise, shall be brought exclusively in the state or federal courts located in San Mateo County, California, and you and SwingOn consent to the personal jurisdiction of those courts.

Small Claims Carve-Out: Notwithstanding the above, either party may bring an action in any small claims court of competent jurisdiction if the action qualifies for that court’s jurisdiction.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remaining provisions of these Terms shall continue in full force and effect.

16. No Waiver

The failure of SwingOn to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by SwingOn.

17. Entire Agreement

These Terms, together with the SwingOn Privacy Policy, constitute the entire agreement between you and SwingOn with respect to the Service and supersede all prior or contemporaneous communications, whether oral or written.

18. Contact

Questions about these Terms can be directed to: [email protected]