Terms of Service

1. Eligibility

You must be at least 13 years old to use Swingmory.

If you are under the age of majority in your jurisdiction, you may only use the app with permission from a parent or legal guardian. By using the app, you represent that you meet these requirements.

2. What the App Does

Swingmory is a private video calendar for your golf swing. It lets you:

• record a swing with your iPhone camera, or import one from Photos
• trim it to a short clip and file it on a practice date
• add optional context: club, camera angle, a note, a favourite marker
• browse, replay, share and delete your entries
• optionally back those entries up to our cloud storage

The app is a record-keeping tool. It is intended to help you see your own practice history.

3. What the App Does Not Do

Swingmory is deliberately narrow. It does not:

• analyse, score, grade or diagnose your golf swing
• provide golf instruction, coaching or lessons
• tell you which of your swings is technically better
• promise or guarantee any improvement in your game
• provide medical, physiotherapy or athletic training advice

Nothing in the app should be treated as professional instruction. Any decision you make about your technique, training or health is your own.

4. Your Content

Your swing clips, thumbnails and notes are yours. They are stored on your device, and we neither receive nor claim any rights to them. See the Swingmory Privacy Policy for details.

You are responsible for the content you record, including having the consent of anyone who appears in it and complying with the rules of any venue where you film.

If you use the on-device option only, backups are your responsibility. Your journal is not copied anywhere. Clips recorded inside Swingmory exist nowhere else unless you export them, and deleting a clip, deleting your journal data, or uninstalling the app removes that content permanently.

If you turn on cloud backup, you give us a limited licence to store, copy and transmit your clips and thumbnails solely to operate the backup for you: to hold them, to send them back to your devices, and to keep the operational copies any storage system needs. That licence covers nothing else. We do not use your video to promote Rakou, we do not share it, and we do not use it to train any model. It ends when you delete the content or your account.

Cloud backup reduces the risk of losing your journal. It does not eliminate it, and it is not a substitute for your own backups of anything you cannot replace.

5. Subscriptions and Billing

Swingmory offers auto-renewing subscriptions. Current plans and prices are shown in the app before you purchase, in your local currency, as supplied by the App Store.

• Payment is charged to your Apple ID account at confirmation of purchase.
• Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours prior to the end of the current period, at the price shown for your plan.
• You can manage or cancel your subscription in your Apple ID account settings after purchase.

Free trials. Where a free trial is offered, it is available to eligible new subscribers only, as determined by the App Store. If you subscribe during a trial, the paid period begins when the trial ends unless you cancel at least 24 hours before that point. Any unused portion of a free trial is forfeited if you purchase a subscription during the trial period.

Refunds. Purchases are processed by Apple, and refund requests are handled by Apple under its own policies. We cannot issue refunds directly.

Plans. Subscriptions are offered for on-device storage and for cloud backup. Cloud backup costs more because it carries an ongoing storage cost. You can see which plan you are on, and change it, in the app.

Deleting the app or deleting your journal data does not cancel a subscription.

6. Cloud Storage, Limits and Retention

Cloud backup is subject to fair and reasonable use. We may set and publish a storage allowance, and we will tell you in the app before any limit affects you.

If your cloud subscription ends, whether you cancel or a payment fails, new clips stop backing up, but your backed-up clips stay stored and downloadable. We do not delete them because a subscription ended. You can bring everything back to your device with a single action in the app at any time, and subscribing again picks up where you left off.

The only way a backed-up clip is removed is your own choice: deleting the clip, or deleting your account. If we ever stop offering cloud backup, we will tell you at least 90 days in advance and give you a way to download everything first.

Clips already on your device are never affected by a subscription ending.

If you delete a clip or your account, we remove it from our storage. Operational copies held by our storage provider are removed within 30 days.

7. Changes to Plans and Features

We may change prices, plans and the features included in a subscription. Price changes affecting an existing subscription will be handled through the App Store, which will seek your consent where required. Continuing to use the app after a change takes effect constitutes acceptance of it.

8. Acceptable Use

You agree not to:

• use the app for any unlawful purpose
• record people without their knowledge or consent where consent is required
• upload content you do not have the right to store, or that is unlawful
• use cloud backup as general file storage rather than for your golf journal
• reverse engineer, decompile or tamper with the app
• attempt to circumvent subscription or entitlement checks
• interfere with the operation or security of the Service

9. Intellectual Property

The app, its design, branding, copy and software are owned by Rakou and protected by intellectual property law. These Terms grant you a limited, personal, non-transferable, revocable licence to use the app. They do not transfer any ownership to you.

10. Third-Party Services

The app relies on Apple for distribution and payment, and on providers for subscription status and anonymous product analytics. Your use of those services is also subject to their own terms. We are not responsible for third-party services we do not control.

11. Service Availability

We may modify, suspend or discontinue the app or any of its features at any time. We aim to give notice of significant changes where reasonably possible, but we do not guarantee uninterrupted availability.

12. Disclaimer of Warranties

Swingmory is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the app will be error-free, that video export or upload will always succeed, or that stored content will be preserved against device failure, loss, theft, user deletion, or interruption of the storage service.

13. Limitation of Liability

To the maximum extent permitted by law, Rakou will not be liable for any indirect, incidental, special, consequential or exemplary damages, or for any loss of data, including loss of swing clips or journal entries, arising from your use of or inability to use the app.

To the maximum extent permitted by law, our total liability for any claim relating to the app is limited to the amount you paid us for it in the twelve months before the claim arose.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Termination

You may stop using the app at any time by uninstalling it. We may suspend or terminate access if these Terms are breached. Sections that by their nature should survive termination — including intellectual property, disclaimers and limitation of liability — will continue to apply.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules, except where mandatory local consumer protection law in your country of residence applies.

16. Changes to These Terms

We may update these Terms from time to time. Updated versions will be posted on this page with a revised effective date. Continued use of Swingmory after changes become effective constitutes acceptance of the updated Terms.

17. Contact

If you have questions about these Terms, please contact:

RAKOU INC.
8 The Green, Ste R
Dover, DE 19901
Email: hello@rakou.app