Terms of Service

1. Acceptance of Terms

By accessing or using the PerfectSwingAI website, application, or services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, you must not use the Service.

The Service is operated by South Bay Intelligence Inc., a company organized under the laws of the State of California, USA ("PerfectSwingAI", "we", "us", or "our").

If you are using the Service on behalf of a team, academy, or organization, you represent that you are authorized to accept these Terms on its behalf.

2. Description of the Service

PerfectSwingAI provides video-based biomechanical analysis tools to help users understand and improve sports technique, including but not limited to tennis and other athletic movements (the "Analysis").

• Users may purchase credits and redeem credits to upload athlete videos.
• We process uploaded videos using automated algorithms, including AI/ML pose-estimation models, to generate derived biomechanical data (such as joint angles, timing metrics, and movement comparisons) and analysis reports.
• Uploaded videos are stored only temporarily for processing and are deleted automatically upon completion of processing or within 24 hours, whichever occurs first.
• Only derived biomechanical data (no raw video/audio) may be retained for reporting, benchmarking, and service improvement purposes.

The Service is informational only and does not provide medical, diagnostic, or physical therapy services.

3. Eligibility, Accounts, and Minors

3.1 Eligibility

You must be at least 18 years of age to create an account or purchase credits. If you are under 18, a parent or legal guardian must create the account, approve the upload of your video, and accept these Terms on your behalf.

3.2 Accounts

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• Ensuring that all information you provide is accurate and up to date.
• All activity under your account, whether or not authorized by you.

We may suspend or terminate accounts that violate these Terms.

3.3 Minors' Content

If you upload or submit videos featuring minors (including your child or athlete):

• You represent and warrant that you are the minor's parent/legal guardian, or you have appropriate written consent from the parent/legal guardian to record, upload, and submit the video for analysis.
• You agree to obtain and keep any required consent documentation and provide it to us if requested.

4. User Content and License to PerfectSwingAI

4.1 Ownership of Videos

You retain all ownership rights in the videos and other content you submit ("User Content"). We do not claim ownership of your videos.

4.2 Your Responsibilities

By uploading or submitting User Content, you represent and warrant that:

• You have all necessary rights, permissions, and consents to record, upload, and submit the content.
• The content does not infringe any third-party rights (including copyright, privacy, or publicity rights).
• The content complies with all applicable laws, including data protection laws where the athlete resides.
• You will not upload broadcast footage, professional match streams, or other copyrighted material unless you have the legal right to do so.

4.3 License to Process Content

You grant PerfectSwingAI a limited, non-exclusive, worldwide, royalty-free license to:

• Host, process, analyze, and transmit your User Content solely for providing you with biomechanical analysis and reports.
• Improving and troubleshooting our models and services (using only de-identified or aggregated data where reasonably possible).

We will not use your User Content for marketing without your express additional consent.

4.4 Derived Biomechanical Data

• We may create and retain derived biomechanical data from your videos (e.g., joint coordinates, angles, velocities, time stamps).
• Derived data does not include raw footage, frames, or audio and is decoupled from your identity where reasonably possible.
• We may aggregate and anonymize derived data for benchmarking, analytics, model improvement, and research.

5. Handling of Uploaded Videos and Data

5.1 Temporary Video Storage

Uploaded videos are stored only for the time needed to perform analysis and will be deleted automatically upon completion of processing or within 24 hours, whichever is sooner.

5.2 No Permanent Video Archive

We do not maintain a permanent archive of your videos. You are responsible for keeping your original footage if needed in the future.

5.3 Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

6. Credits, Billing, and Refunds

6.1 Credits

• You may purchase credits that can be redeemed for one or more analyses, as described on the Service.
• Credits have no cash value and are not legal tender.

6.2 Prices and Changes

We may modify pricing, credit amounts, and available packages at any time, with such changes becoming effective on a go-forward basis.

6.3 Expiration

Credits may expire as stated at the time of purchase (for example, 12 months after purchase). Any expiration period will be clearly disclosed in the purchase flow. Expired credits cannot be refunded or reactivated unless required by law.

6.4 Refund Policy

Except where required by applicable law or expressly stated in our Refunds, Credits & Billing Policy, all sales of credits and subscriptions are final. If we are unable to complete an analysis due to a technical issue attributable to us, we may, at our sole discretion, either:

• Re-run the analysis at no additional cost, or
• Refund the applicable credits to your account.

7. Acceptable Use

You agree that you will not:

• Use the Service for any unlawful purpose.
• Upload content that is violent, sexually explicit, harassing, discriminatory, or otherwise inappropriate.
• Upload content for which you do not have the necessary rights (e.g., TV broadcasts, tournament streams, or other copyrighted footage without permission).
• Attempt to reverse engineer, decompile, or otherwise access the source code, models, or algorithms of the Service.
• Interfere with or disrupt the Service or its infrastructure.

We may suspend or terminate your access and/or remove content if we reasonably believe you have violated these Terms.

8. AI-Generated Analysis, No Medical Advice, and Assumption of Risk

8.1 AI-Generated Output

Our analysis and reports may be generated using AI and automated algorithms. As a result:

• Output may be incomplete, imprecise, or incorrect.
• We cannot guarantee specific performance results or improvements.
• The analysis may not account for all relevant factors (injury history, physical limitations, training background, etc.).

8.2 No Medical or Clinical Services

The Service does not provide:

• Medical advice, diagnosis, or treatment.
• Physical therapy, rehabilitation, or clinical evaluation.

You must consult a physician or qualified healthcare professional before starting or modifying any training program, especially if you have existing injuries or health conditions.

8.3 Sports and Training Risks

Athletic training carries inherent risks, including risk of injury. By using the Service, you acknowledge and agree that:

• You (and, where applicable, your athlete) assume all risk arising from training, practice, or implementation of any suggestions in our reports.
• We are not responsible for injuries, overuse, or other adverse effects that may occur.

9. Disclaimers

To the maximum extent permitted by law:

• The Service is provided on an "as-is" and "as-available" basis.
• We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will be uninterrupted, secure, or error-free.
• We do not warrant that any analysis or recommendation will be accurate, complete, or produce any particular result.

10. Limitation of Liability

To the maximum extent permitted by law:

• In no event shall PerfectSwingAI or South Bay Intelligence Inc. be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, loss of data, or personal injury arising out of or in connection with your use of the Service.
• Our total aggregate liability for any claims arising out of or relating to the Service or these Terms shall not exceed the greater of: the total amount you paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim; or USD $100.

Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, our liability will be limited to the greatest extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless PerfectSwingAI, South Bay Intelligence Inc., and their officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your User Content (including videos of athletes and match footage).
• Any violation of these Terms or applicable law.
• Any third-party claim that your content infringes or misappropriates any right of a third party.

12. Intellectual Property

All algorithms, models, software code, design, documentation, and other materials comprising the Service are the exclusive property of PerfectSwingAI / South Bay Intelligence Inc. or its licensors.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service.
• Reverse engineer or attempt to extract the source code, except as permitted by law.

13. Copyright and DMCA Policy

If you believe that content hosted on the Service infringes your copyright, you may send a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent as described in our separate Video Upload & Copyright Policy.

We may remove or disable access to allegedly infringing content and, in appropriate circumstances, terminate the accounts of repeat infringers.

14. Changes to the Service and Terms

We may modify or discontinue any part of the Service at any time, with or without notice.

We may update these Terms from time to time. When we do, we will update the "Last updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.

Any disputes arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the personal jurisdiction of such courts.