Terms of Service — SwingSync

1. About the Application

Welcome to SwingSync (the App). The App is a mobile and desktop golf data analytics and improvement platform (the Services).

The App is operated by Innovative Sporting Platforms Pty Ltd (ACN 672 433 608). Access to and use of the App, or any of its associated Products or Services, is provided by Innovative Sporting Platforms Pty Ltd. Please read these terms and conditions (Terms) carefully. By downloading, installing, browsing, and/or using the App, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the App and delete it from your devices immediately.

Innovative Sporting Platforms Pty Ltd reserves the right to review and change any of the Terms by updating this document at its sole discretion. When updates occur, we will use reasonable endeavours to provide you with notice (such as an in-app notification). Any changes take immediate effect from the date of their publication.

2. Acceptance of the Terms

You accept the Terms by downloading and installing the App, remaining on the App, or by clicking to accept or agree to the Terms where this option is made available to you in the user interface.

3. App Store Disclaimers (Apple iOS & Google Play)

If you download the App through a third-party app store, such as the Apple App Store or Google Play Store (the App Store Providers), you acknowledge and agree to the following:

Acknowledgment: These Terms are concluded strictly between you and Innovative Sporting Platforms Pty Ltd, and not with the App Store Providers. Innovative Sporting Platforms Pty Ltd, not the App Store Providers, is solely responsible for the App and its content.
Maintenance and Support: The App Store Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: To the maximum extent permitted by applicable law, the App Store Providers will have no warranty obligation whatsoever with respect to the App.
Product Claims: Innovative Sporting Platforms Pty Ltd, not the App Store Providers, is responsible for addressing any claims by you or any third party relating to the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
Third-Party Beneficiary: You acknowledge and agree that the App Store Providers, and their subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, the App Store Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

4. License Grant and App Updates

Innovative Sporting Platforms Pty Ltd grants you a worldwide, non-exclusive, royalty-free, revocable, and non-transferable license to:

download, install, and use the App on mobile or desktop devices owned or controlled by you, strictly in accordance with these Terms; and
use the App for your own personal and non-commercial use.

Restrictions: You must not reverse engineer, decompile, disassemble, or attempt to derive the source code of the App. You may not distribute, rent, lease, or sub-license the App to any third party.

Updates: From time to time, we may automatically issue updates to the App to improve performance, enhance functionality, or address security issues. You agree to receive such updates and acknowledge that the App may not function properly if you do not install the latest version.

5. Third-Party Services and Local Data Storage

The App allows you to sync data from third-party services. You expressly acknowledge and agree that:

Local Credential Storage: To facilitate this sync, your login credentials for these third-party services are encrypted and stored locally on your own personal device. Innovative Sporting Platforms Pty Ltd does not collect, transmit, view, or store these third-party credentials on our servers. The App acts on your behalf, on your device, to retrieve data from third-party services — you remain the party interacting with those services, and Innovative Sporting Platforms Pty Ltd is not a party to those interactions.
Support Debugging Exception: In limited circumstances, when you are actively engaged with our support team to resolve a syncing issue, you may be offered the option to temporarily share your third-party credentials with SwingSync for debugging purposes. This is entirely opt-in, requires your explicit in-app consent, and the credentials are securely transmitted, used solely to diagnose the reported issue, and deleted immediately upon resolution.
Device Security: Because this sensitive data is stored on your device, you are solely responsible for maintaining the physical and digital security of your device. Innovative Sporting Platforms Pty Ltd is not liable for any unauthorized access to your third-party accounts resulting from the theft, loss, or compromise of your device.
Third-Party Terms: By linking a third-party account, you warrant that you are complying with that specific third party's Terms of Service. Innovative Sporting Platforms Pty Ltd accepts no responsibility for any breach of third-party terms arising from your use of the App.
No Guarantee of Third-Party Integration: The App's data syncing features depend entirely on the ongoing availability, accessibility, and compatibility of third-party services and their interfaces. Innovative Sporting Platforms Pty Ltd makes no guarantee, representation, or warranty — express or implied — that any third-party integration will function at any time or continue to be available. Third-party services may modify their systems, restrict access, or cease operation at any time without notice. We will not be liable for any loss of functionality, data, or access resulting from changes to or unavailability of third-party services, regardless of cause.

6. Your Golf Data

You retain full ownership of all golf performance data you input into or sync through the App, including swing metrics, session history, and any other data associated with your account (Your Data).

You grant Innovative Sporting Platforms Pty Ltd a limited, non-exclusive licence to store, process, and display Your Data solely for the purpose of providing the Services to you. We do not claim any ownership over Your Data and will not use it for any purpose beyond operating and improving the Services.

Upon deletion of your account, Your Data will be permanently and securely deleted from our active servers, subject to any legal obligations to retain certain records. You may request account deletion at any time within the App or by contacting us.

Innovative Sporting Platforms Pty Ltd does not guarantee against accidental data loss, corruption, or sync errors. You are solely responsible for maintaining your own backups of any golf data you consider important. We will not be liable for any loss of data arising from technical failures, sync errors, or any other cause.

7. Registration to use the Services

In order to access the Services, you must first register for an account through the App (Account). You may be required to provide personal information about yourself, including your email address and preferred username.

You warrant that any information you give to Innovative Sporting Platforms Pty Ltd will always be accurate, correct, and up to date.

You may not use the Services if:

you are not of legal age to form a binding contract with Innovative Sporting Platforms Pty Ltd; or
you are a person barred from receiving the Services under the laws of Australia or other countries.

8. Your Obligations as a Member

As a Member, you agree to comply with the following:

access and use of the App is limited, non-transferable and allows for the sole use of the App by you;
you will not use the Services or the App in connection with any commercial endeavours except those specifically endorsed or approved by Innovative Sporting Platforms Pty Ltd;
you will not use the App for any illegal use;
you will not attempt to probe, scan, or test the vulnerability of any system or network associated with the App;
you will not upload or transmit any malicious code, viruses, or data that could damage, interfere with, or disrupt the App or its infrastructure; and
you will not misuse any third-party integrations provided through the App in a manner inconsistent with these Terms.

9. Free Tier and SwingSync+

The core SwingSync App is currently provided free of charge. We intend to offer an optional paid subscription tier, SwingSync+, in the future which will provide access to additional features. Innovative Sporting Platforms Pty Ltd reserves the right to modify pricing and feature availability at any time, with reasonable notice where possible.

When SwingSync+ becomes available, payments may be processed using Stripe or via In-App Purchases managed by the App Store Providers (Apple/Google).

Stripe: In using Stripe, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions available on their website.
In-App Purchases: If you purchase a subscription via an App Store Provider, your payment is processed directly by them, and you will be subject to their specific payment and subscription terms.
Failures: You acknowledge and agree that where a request for payment is returned or denied by your financial institution, you are liable for any costs associated with the failed payment.
Variations: Innovative Sporting Platforms Pty Ltd reserves the right to vary the SwingSync+ subscription fee at any time, with reasonable notice.

10. Refund Policy

If you subscribed via an App Store Provider (Apple or Google), refunds are handled entirely by Apple or Google according to their respective refund policies, and you must contact them directly.

If you subscribed directly through us via Stripe, Innovative Sporting Platforms Pty Ltd will only provide you with a refund of the Services Fee in the event we are unable to continue to provide the Services, or if management makes a decision, at its absolute discretion, that it is reasonable to do so.

Any benefits set out in these Terms may apply in addition to consumer's rights under the Australian Consumer Law.

11. Copyright and Intellectual Property

The App, the Services, and all related products of Innovative Sporting Platforms Pty Ltd are subject to copyright. The material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Innovative Sporting Platforms Pty Ltd or its contributors.

Innovative Sporting Platforms Pty Ltd retains all rights, title, and interest in and to the App. Nothing you do on or in relation to the App will transfer any intellectual property rights to you.

12. Privacy

Innovative Sporting Platforms Pty Ltd takes your privacy seriously. Any information provided through your use of the App and/or Services is subject to our Privacy Policy, which explicitly outlines our practices regarding the local storage of your data.

13. Service Availability

Innovative Sporting Platforms Pty Ltd does not guarantee that the App or Services will be available at any particular time or without interruption. We may suspend, modify, or discontinue the Services (or any part thereof) at any time, with or without notice, for reasons including maintenance, technical issues, or changes in our business. We will not be liable to you for any loss or inconvenience arising from any unavailability, interruption, or modification of the Services.

14. Evolving Product

SwingSync is an actively developed product. Features may be added, changed, or removed at any time. Some features may be released in a beta or preview state and may not perform as expected. Innovative Sporting Platforms Pty Ltd makes no guarantee as to the ongoing availability of any particular feature.

15. Analytics Disclaimer

The swing analysis, performance metrics, and insights provided by the App are generated automatically and are intended for informational and recreational purposes only. They do not constitute professional coaching advice, sports medicine advice, or any other form of professional guidance. You should not rely solely on SwingSync's analytics when making decisions about your training, technique, or physical activity. Innovative Sporting Platforms Pty Ltd makes no representation as to the accuracy, completeness, or suitability of any analysis provided by the App, and will not be liable for any decisions made in reliance on it.

16. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
Innovative Sporting Platforms Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.

Use of the App and the Services is at your own risk. The App is provided to you "as is" and "as available" without warranty or condition of any kind.

17. Limitation of Liability

To the maximum extent permitted by law, Innovative Sporting Platforms Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the greater of: (a) the total fees paid by you to Innovative Sporting Platforms Pty Ltd in the twelve (12) months preceding the event giving rise to the claim; or (b) AUD $100.

18. Termination of Contract

The Terms will continue to apply until terminated by either you or by Innovative Sporting Platforms Pty Ltd.

If you want to terminate the Terms, you may do so by:

notifying Innovative Sporting Platforms Pty Ltd;
closing your accounts for all of the Services; and
deleting the App from your devices.

Innovative Sporting Platforms Pty Ltd may at any time, terminate the Terms with you if you have breached any provision of the Terms, if required by law, or if the provision of the Services is no longer commercially viable.

19. Indemnity

You agree to indemnify Innovative Sporting Platforms Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage incurred or arising out of your breach of the Terms or your misuse of the App.

20. Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party claiming a dispute (Dispute) must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.

Resolution: On receipt of that notice (Notice), the parties must:

Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation;
If the Dispute has not been resolved 14 days after the Notice, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Victoria, Australia.

Confidential: All communications concerning negotiations are confidential and must be treated as "without prejudice" negotiations.

21. Venue and Jurisdiction

The Services offered by Innovative Sporting Platforms Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the App, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

22. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute or claim arising out of or in any way relating to the Terms shall be governed, interpreted, and construed by the laws of Victoria, Australia.

23. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

24. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

End User License Agreement & Terms of Service