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Terms of Use

1. General

These terms of use (the "Terms of Use") apply to the use of SwingIQ, including the mobile application, website and associated digital services, features and software (together: "SwingIQ").

SwingIQ is provided by:

Coöperatie Yaad U.A.
Peelstraat 15
5476 LD Vorstenbosch
The Netherlands
Chamber of Commerce (KvK) number: 95046461
VAT number: NL866979785B01
Email: info@cooperatie-yaad.nl

hereinafter: "SwingIQ", "we", "us" or "our".

By creating an account, taking out a subscription or otherwise using SwingIQ, the user ("User", "you" or "your") agrees to these Terms of Use.

2. Definitions

In these Terms of Use, the following definitions apply:

3. The service

SwingIQ is a digital application that allows golfers to record and analyse their golf swing. SwingIQ may, among other things, use video footage and derive characteristics from it, including body posture and pose, swing phases, ball position and sound around impact.

The core of SwingIQ is that a User's current swing can be compared to that User's own selected reference swing for the same club type. Based on the available data, SwingIQ may provide automated feedback, recommendations, insights and coaching pointers.

SwingIQ aims to provide a reliable and as continuous as possible availability of the service. The service is under continuous development, which means features may be added, changed or discontinued.

4. Account, registration and access

An Account is required in order to use SwingIQ. The User warrants that the details provided at registration are accurate, complete and up to date.

The User is responsible for keeping their login credentials confidential and for all activity that takes place through the Account.

Access is organised through a tenant, and depending on the subscription multiple golfers may be managed.

5. Subscriptions, term and cancellation

SwingIQ may make certain features available only against payment or within a particular subscription.

A subscription grants a right only to the features offered during the relevant subscription period. The subscription does not grant any ownership right in the software.

The term of a subscription is stated when the subscription is taken out.

Where a subscription is automatically renewed after it expires, this is clearly communicated to the User before the subscription is taken out.

Following automatic renewal, the User may cancel the subscription in accordance with the applicable statutory rules and any stated notice period.

After termination, the User retains access to paid features until the end of the period already paid for, unless there is a statutory ground for earlier termination.

Termination of a subscription does not automatically lead to immediate deletion of the Account.

6. Acceptable use, video recordings and third-party consent

The User uses SwingIQ solely in a lawful manner and in accordance with these Terms of Use.

Only record yourself, or people who have given prior consent. When recording on a course or range, third parties may appear in frame; you are responsible for respecting their privacy and for taking appropriate measures where applicable.

It is not permitted to upload unlawful, infringing or offensive content, and you must not misuse, disrupt or reverse-engineer the service.

SwingIQ may take technical measures to prevent misuse, fraud, security incidents and unauthorised access.

7. AI, automated analyses and feedback

SwingIQ uses automated analysis techniques and AI technology to process video and other data. Analyses and feedback may therefore be incomplete, inaccurate or incorrect.

The User should treat SwingIQ's results as supporting information and not as established fact or professional advice. SwingIQ gives no guarantee that a particular analysis, recommendation or coaching feedback is correct or leads to a particular outcome.

SwingIQ is a supporting tool and is not intended as a substitute for in-person golf training, professional coaching, medical diagnosis, physiotherapy or other professional advice.

8. Intellectual property

All intellectual property rights relating to SwingIQ, including the software, source code, algorithms, models, AI technology, databases, design, interface, trade names, logos, texts and other components, are vested in SwingIQ or its licensors.

It is not permitted to copy, reproduce, distribute, publish, sell, rent out or otherwise make available any part of SwingIQ, unless this is permitted by law or SwingIQ has given prior written consent.

Nothing in these Terms of Use transfers any intellectual property rights to the User.

9. Privacy and personal data

SwingIQ's Privacy and Cookie Policy applies to the processing of personal data.

10. Retention and deletion of data

After termination of the Account, Content may be deleted in accordance with the Privacy and Cookie Policy and SwingIQ's technical retention periods.

11. Security

SwingIQ takes appropriate technical and organisational measures to protect the service and personal data.

No digital service can, however, guarantee complete security.

12. Liability

SwingIQ is responsible for delivering the service in accordance with the applicable statutory obligations.

SwingIQ is not liable for damage resulting from:

13. Changes to these Terms of Use

SwingIQ may amend these Terms of Use where this is necessary or desirable. The most current version is made available through SwingIQ and/or the website.

14. Entire agreement

These Terms of Use, the Privacy Policy, the Cookie Policy and any additional terms provided with specific services together constitute the arrangements between SwingIQ and the User for the use of the relevant service.

15. Governing law and disputes

The agreement between SwingIQ and the User is governed by the laws of the Netherlands. Disputes will be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.

16. Contact

For questions, complaints or requests regarding these Terms of Use, you can contact us by email at info@cooperatie-yaad.nl.