Terms of use

These terms are a contract between you and AI GOLF COACH PTY LTD (ACN 698 412 467, ABN 57 698 412 467), an Australian proprietary company in New South Wales.

They cover this website at aigolfcoach.im and the AI Golf Coach application on every platform it is published to. The application may ship with supplementary terms for a particular platform, and where those conflict with these for that platform, they prevail.

Using the website or the application means accepting these terms. If you do not accept them, do not use them. Nothing has been published to a store yet, so at the time of writing these terms govern the website and your correspondence with us, and they are published early so the first person to install anything has already had the chance to read them.

The description of the product on this website is part of what we are agreeing to supply, and it is written to be checkable rather than flattering.

What it does

It analyses video of a golf swing recorded on a consumer phone, places pose landmarks on the frames, estimates joint angles and body rotation from them, measures timing directly from the frame rate, and presents the result with a confidence attached to every derived figure.

What it does not produce

Club head speed, ball speed, spin rate, launch angle, smash factor, face angle at impact and carry distance are not produced. They are not recoverable from a single consumer camera at ordinary frame rates, and no figure purporting to be one of them will be shown. This is a feature of the product, and it is a term of this contract rather than a caveat in small print.

Accuracy

Every derived angle is an estimate produced by a model, and its accuracy depends on the camera position, the frame rate, the lighting and your body. Estimates degrade in the ways described on the home page. We commit to stating the confidence rather than to hitting a particular accuracy figure, because a stated accuracy that ignores camera position would be the sort of claim this whole product exists to avoid making.

If the application contradicts this website

Tell us. Where the shipped application prints a figure the home page table says cannot be produced, or drops a confidence band that ought to be there, that is a defect on our side and capable of being a failure of a consumer guarantee, not a difference of opinion about marketing copy.

The application describes movement. It does not draw a conclusion about your body's health, and it is not designed, tested or approved for any clinical purpose. It has not been assessed under the Therapeutic Goods Act 1989 (Cth) or any equivalent framework in another country, because it is not a therapeutic good and is not presented as one.

Physical risk is yours to manage

Swinging a golf club is a physical activity that can cause injury. Changing a movement pattern on the basis of anything this application shows you is your decision. If you have an injury, a history of injury, pain during or after a swing, or any medical condition affected by exercise, get advice from a qualified practitioner before changing anything. Stop if it hurts, and see somebody about it.

Nothing here overrides your consumer guarantees

This section limits what the product claims to be. It does not limit any right you have under the Australian Consumer Law, which is dealt with next and which prevails over anything in these terms that conflicts with it.

The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010 (Cth). If you acquire something from us as a consumer within the meaning of that Law, you get guarantees including acceptable quality, fitness for a purpose we were told about, and correspondence with the description we gave.

The statutory wording

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Description is part of the guarantee

The signal table on the home page and the section above are part of the description of what we supply. That is deliberate. It is what turns "we do not print a club head speed" from a marketing position into something you can hold us to, and it is why the table is published before there is a product rather than after.

The limitation the Law permits

To the extent the Australian Consumer Law permits, our liability for failing to comply with a guarantee other than one under sections 51 to 53 is limited, at our election, to resupply of the services or the cost of resupply.

Subject to these terms we grant you a personal, non exclusive, non transferable, revocable licence to install and use the application on a device you own or control, for your own non commercial use.

Not permitted

• Copying, selling, renting, sublicensing or distributing the application, or making it available on a network for concurrent use.
• Reverse engineering, decompiling or disassembling it, except so far as that restriction is void under the Copyright Act 1968 (Cth) or the Competition and Consumer Act 2010 (Cth).
• Extracting the pose model or its weights, or using them outside the application.
• Using the application, or output from it, to build a competing product, or to train a machine learning model.
• Removing or obscuring a notice of ownership.

Commercial coaching use

A coach using the application on their own swing, or receiving a recording a pupil chose to share, is ordinary use. A coach running it as part of a paid lesson service, on other people's swings, is commercial use and needs a different arrangement. Write to us and we will sort one out rather than pretend the personal licence covers it.

Store terms

The App Store terms or the Google Play terms also apply to the download and to payment, and prevail over these for that subject matter. Apple and Google are not parties to these terms and have no obligation to support the application. Where Apple's rules require it, Apple is a third party beneficiary of these terms for a copy distributed through the App Store.

You own your recordings. Nothing in these terms transfers any right in them to us, and there is no clause anywhere granting us a broad, perpetual, worldwide licence to do what we like with your video. Those clauses are standard in this industry and we are not including one.

The licence you do give us

Where, and only where, you choose to upload a recording, you grant us a limited licence to store, process and transmit that recording strictly for the purpose you selected when you uploaded it, for the retention period stated on that screen. That licence ends when the recording is deleted. It does not extend to training a model, to publishing, to marketing, or to any other purpose.

Training is a separate agreement

Consent to model training is given separately in settings, is off by default, and is revocable. It is not granted by accepting these terms, by creating an account, or by uploading a recording. This is repeated here because a licence buried in terms of use is exactly how the opposite normally happens.

What you promise us about a recording

• You made it, or you have the agreement of the person who did.
• Every identifiable person in it has agreed to it being recorded and, if you upload it, to it being uploaded.
• Where a person in it is a child, a parent or guardian has agreed.
• You are not uploading a recording of somebody who has asked you not to.
• The recording is not unlawful and does not infringe anybody's rights.

Face blurring reduces the harm of an accidental bystander. It is not permission, and it is not a substitute for asking.

If somebody objects

Where a person tells us they appear in a recording and did not agree to it, we will act on the request as described in the privacy policy, which in practice means deleting first and discussing afterwards. We may also suspend an account that repeatedly uploads recordings of people who have not agreed.

What will be sold

Nothing is on sale yet. When something is, the pricing will be shown in the store before you buy, in your local currency, and this section will be updated to describe exactly what is being charged for. What will not appear is a loot box, a randomised reward, a consumable currency, or a charge for deleting your own data.

Who takes the payment

The store, not us. We never see a card number, and we cannot process a refund directly because we never held the funds.

Refunds

• App Store: reportaproblem.apple.com. Apple decides.
• Google Play: through Google Play, which has an automatic window and a review process after it.
• From us: if the store refuses and you believe you have a remedy under the Australian Consumer Law, write to hello@aigolfcoach.im and we will deal with it on the merits rather than pointing at the store and stopping there.

Subscriptions, if there is ever one

Any auto renewing subscription would be billed by the store, cancellable in your store account settings at least 24 hours before the renewal date, and would renew at the price shown at the time of purchase. A price change would be notified before it took effect. Cancelling stops the renewal and leaves you with the remainder of the period you paid for.

Digital content and the cooling off period

Australian law gives no general cooling off right for digital content bought online. Your protection is the consumer guarantees described above. AI GOLF COACH PTY LTD is not currently registered for GST, so its own supplies do not currently carry GST. Where a store collects tax as the supplier, it does so under its own arrangements.

There is no chat, no public profile, no leaderboard and no way for one user to contact another, so most of what usually fills this section does not apply. What is left is short and it matters.

• Do not upload a recording of a person who has not agreed to it.
• Do not upload anything unlawful, or anything you do not have the right to upload.
• Do not attempt unauthorised access to the service, to another person's account, or to a recording that is not yours.
• Do not use automated means to send volumes of recordings, or to probe the analysis service.
• Do not misrepresent output from the application as a measurement it is not, particularly to somebody paying you for coaching.

What we do about a breach

We will tell you what the problem is and give you a chance to fix it, unless the breach is serious enough that waiting would harm somebody. A suspension comes with reasons and a route to appeal to a person. Where an account is terminated, your recordings on your own device are unaffected, because they were never ours to take away.

The local part keeps working

Analysis on your own device does not depend on us being online, and it will keep working with the phone in flight mode. We make no availability commitment for the optional server side features, and we do not offer service credits, because we are not selling a service level.

Changing the application

Features will change. Where a change removes something you were relying on, it will be described in the release notes plainly rather than as "improvements and bug fixes". A change that materially reduces what a paid purchase gave you is a consumer guarantee matter and will be handled as one.

If the product is discontinued

At least 60 days notice on this website and in the application. New purchases stop immediately on announcement. Before shutdown you will be able to export your recordings and your pose data, and any server side copies are deleted rather than left to rot. Where somebody paid for something that a shutdown makes worthless, we will seek refunds through the store for anyone inside the store's window and deal directly with anyone outside it.

We own or license the application, its code, its models, this website, the AI Golf Coach name and marks, and the arrangement of the material on this site. Your recordings and the pose data derived from them are yours, as set out above.

Permitted without asking

• Screenshots and screen recordings of the application in reviews, news reporting, criticism and commentary, including monetised video.
• Quoting the signal table, with attribution, including in an argument against us.
• Showing an analysis of your own swing to anybody you like, including publishing it.

The conditions are that you do not imply we produced or endorsed your material, and you do not use our marks as the primary identifier of your channel, product or coaching business.

Fair dealing

Nothing here limits fair dealing under the Copyright Act 1968 (Cth) for criticism, review, parody, satire or news reporting.

Copyright complaints

Write to hello@aigolfcoach.im with "Legal" in the subject line. Identify the work, what you say infringes it, the basis of your rights, and your contact details.

Personal information handling is set out in the privacy policy, which forms part of these terms. It is written to the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and it deals at length with video, because video of a person is the most sensitive thing this company could hold.

Nothing in these terms reduces a right you have under that policy or under the Privacy Act. Where these terms and that policy conflict about the handling of personal information, the policy prevails.

Read this alongside the consumer guarantees section, which overrides it wherever the Australian Consumer Law applies.

What we are responsible for

Loss that is a reasonably foreseeable result of our breach or our negligence, and anything the law does not permit us to limit, including fraud, death or personal injury caused by negligence, and breach of a non excludable consumer guarantee.

What we are not responsible for

• Loss that was not reasonably foreseeable.
• Loss of profit, revenue, business, goodwill, anticipated saving or data, suffered in the course of a business rather than as a consumer.
• A decision you made about your swing, your practice or your body on the basis of what the application showed you, subject to everything in the health section and to the guarantees.
• What a coach you nominated does with a recording you chose to send them.
• A failure caused by your device, your network, or an operating system change outside our control.

Cap

To the extent the law permits, our total liability in connection with the application or this website, in contract, tort including negligence, under statute or otherwise, is limited to the greater of what you paid us in the preceding 12 months and one hundred Australian dollars. The cap does not apply to any liability that cannot be limited by law.

These terms are governed by the laws of New South Wales and the applicable laws of the Commonwealth of Australia. Both parties submit to the non exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them.

Non exclusive means you may bring proceedings elsewhere where the law gives you that right. A consumer resident outside Australia is not deprived of the mandatory consumer protection of the place they live.

Before litigation

Write to hello@aigolfcoach.im first and set out what you want. This is a request rather than a precondition, and it is not a waiver of anything.

Cheaper routes than a court

In New South Wales the NSW Civil and Administrative Tribunal hears many consumer matters. The Australian Competition and Consumer Commission publishes guidance on which body handles what at accc.gov.au. For a privacy matter, the Office of the Australian Information Commissioner is free and is described in the privacy policy.

Changes to these terms

The version in force is the one published here with the effective date at the top. A change that materially reduces your rights gets at least 30 days notice, by a notice in the application on next launch and a note at the top of this page. A change is never applied retrospectively to something you already bought.

Severance

An invalid or unenforceable provision is read down so far as necessary, or severed, and the rest continues.

No waiver

Not enforcing a provision on one occasion is not a waiver of it.

Assignment

You may not assign your rights under these terms. We may on a sale of the business or the product, and your rights under these terms and the privacy policy transfer with it. A buyer takes the product subject to the commitments about training consent and recording ownership as they stood when you acquired it.

Entire agreement

These terms, the privacy policy, the cookie notice and any supplementary platform terms are the whole agreement between us about their subject matter. This does not exclude liability for misleading or deceptive conduct, which cannot be contracted out of.

Contact

AI GOLF COACH PTY LTD, ACN 698 412 467, ABN 57 698 412 467, New South Wales. Email hello@aigolfcoach.im.

We do not publish a postal address here. The registered office recorded against ACN 698 412 467 on the ASIC register is the address with legal effect for service.