Terms and conditions

These terms govern your use of the Swing Assist mobile app and this website (together, the “Service”), which are provided by Real World Cyber Solutions LLC (“we”, “us”). By downloading, installing or using the Service you agree to these terms. If you do not agree, do not use the Service.

1. License

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the app on devices you own or control, for your own non-commercial use, subject to these terms. We and our licensors keep all rights in the Service that are not expressly granted to you.

2. Free trial, purchases and subscriptions

• New installs include a free trial with all features unlocked for a limited time. After the trial, a free version stays available and some features are sold separately or together as Platinum or Diamond.
• Purchases and subscriptions are processed by Google Play and are subject to Google Play’s terms. Prices are shown in the app and in Google Play and may change.
• Subscriptions renew automatically until you cancel them in the Google Play Store app. Cancelling stops future renewals; it does not refund the current period unless Google Play’s policies provide for it.
• Refunds are handled by Google Play under its refund policies.
• One-time purchases and the Diamond lifetime plan unlock the features described at the time of purchase for as long as the Service is offered (see Section 11).

3. Golf guidance is general, not professional advice

Shot guides, club recommendations, distances, “plays like” adjustments, green-speed estimates, club-fit results and every other output of the Service are general information and estimates. They are not professional instruction, a club fitting, or a guarantee of any result. Real conditions, equipment, the course and your swing will differ.

You are responsible for your own safety and conduct. Follow the rules and etiquette of the course you play. Weather information in the app is for convenience only. Do not use it to decide whether it is safe to play. Leave the course when there is lightning or severe weather. Do not use the app in a way that distracts you from your surroundings or the safety of others. You play golf and use the app at your own risk.

4. Third-party data and services

The Service uses data and services from others, including course data from OpenGolfAPI and OpenStreetMap contributors, weather data from the U.S. National Weather Service, elevation data from the U.S. Geological Survey, Google Play for billing, and an ad network in the free version. We do not control these sources and do not guarantee that they are accurate, complete or available. Course maps may be missing, out of date or wrong. Their licenses and notices are listed in the app under About.

5. Advertising

The free version may display ads provided by third parties. We are not responsible for the content of ads or for sites and services they link to.

6. Acceptable use

You agree not to:

• copy, modify, reverse engineer, decompile or create derivative works of the Service, except where the law allows it despite this restriction;
• sell, rent, lease, sublicense or redistribute the Service or your access to it;
• remove or bypass advertising, purchase checks, trial limits or other technical protections, or use the Service to get features you have not paid for;
• overload, disrupt or attack the Service or the third-party services it relies on, or use automated means to access them through the Service;
• use the Service for any unlawful purpose or in violation of the rules of any course.

7. Intellectual property

The Service, including its text, images, illustrations, shot guides, design, software and the Swing Assist name and logo, is owned by Real World Cyber Solutions LLC or its licensors and is protected by copyright, trademark and other laws. Third-party data remains subject to its own licenses. These terms do not give you any right to use our names, logos or content except as part of using the Service as intended.

8. Your data and privacy

Our privacy policy explains what the Service stores on your device and what it requests from other services. It is part of these terms. Your rounds, shots and distances are stored on your device, so you are responsible for keeping it backed up. We cannot restore data that is lost when you uninstall the app, clear its storage or lose your device.

9. Feedback

If you send us suggestions or feedback, we may use them without obligation or payment to you.

10. Updates and changes to the Service

We may update, change, add or remove features, content, pricing and plans at any time. Some updates may be required to keep using the Service.

11. Termination

We reserve the right to modify, suspend or terminate the app, the website, or any part or feature of the Service, at any time, with or without notice and for any reason or no reason. We may also suspend or end your access if you break these terms. We are not liable to you or anyone else for doing so.

You may stop using the Service at any time by uninstalling the app and cancelling any subscriptions in Google Play. When the Service or your access ends, your license ends and you must stop using the app. Termination may affect purchases you have made, including subscriptions and one-time or lifetime purchases. Any refund is handled through Google Play under its policies, except where the law requires otherwise. Sections that by their nature should continue (including Sections 3, 7, 12, 13, 14, 15 and 19) survive termination.

12. Disclaimer of warranties

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted or error-free operation. We do not warrant that the Service, its data or its recommendations will be accurate, complete, reliable or suitable for your needs. Some places do not allow certain disclaimers, so some of these may not apply to you.

13. Limitation of liability

To the fullest extent the law allows, Real World Cyber Solutions LLC and its owners, employees and licensors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, personal injury, property damage or other loss, arising from or related to your use of, or inability to use, the Service, even if we were told it could happen. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the claim or fifty U.S. dollars ($50). Some places do not allow these limits, so they may not apply to you, and nothing in these terms limits liability that cannot be limited by law.

14. Indemnity

To the extent the law allows, you agree to defend and hold harmless Real World Cyber Solutions LLC and its owners, employees and licensors from claims, losses and expenses (including reasonable legal fees) arising from your breach of these terms or your misuse of the Service.

15. Governing law and disputes

These terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law rules. The state and federal courts located in North Carolina have exclusive jurisdiction over disputes about these terms or the Service, except where the law gives you the right to bring a claim elsewhere. If any part of these terms is found unenforceable, the rest stays in effect.

16. Google Play

These terms are between you and Real World Cyber Solutions LLC, not Google. Google has no obligation to provide support or maintenance for the app. Your use of Google Play is subject to Google’s terms.

17. Changes to these terms

We may change these terms from time to time. We will update the date above, and for material changes we will tell you in the app or on this site. By continuing to use the Service after a change takes effect, you accept the updated terms. If you do not accept them, stop using the Service.

18. Entire agreement

These terms, together with the privacy policy, are the whole agreement between you and us about the Service and replace any earlier understanding about it.

19. Beta program

From time to time we may offer a beta program that lets selected people try pre-release versions of the app and website. These terms apply to the beta program in addition to the rest of these terms.

• Voluntary. Taking part is completely voluntary. You can stop at any time by uninstalling the beta app and emailing us.
• No compensation. There is no payment, discount, reward or other compensation of any kind for taking part in the beta program, for your feedback, or for any time or effort you spend. Nothing we say or do creates a promise of future benefits.
• We can end it at any time. We reserve the right to end your participation, or to end or change the beta program as a whole, at any time, for any reason or no reason, with or without notice. We may also remove, change or stop supporting any beta version at any time.
• Pre-release software. Beta versions may be incomplete, contain errors, change without notice, or lose your data. Use them at your own risk and do not rely on them. Section 12 (disclaimer of warranties) and Section 13 (limitation of liability) apply fully.
• Your information and feedback. If you give us information, feedback or other material in the beta program, we may use it as described in our privacy policy and in Section 9, without obligation or payment to you.

20. Contact

Questions about these terms: email support@swing-assist.com. Swing Assist is published by Real World Cyber Solutions LLC, a North Carolina limited liability company.