Terms of Service

1. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have the consent of a parent or legal guardian. By using the Service, you represent and warrant that you meet these eligibility requirements and that all information you provide is accurate and complete.

2. Account Registration

To access certain features, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@swingly.club if you suspect unauthorized access. We reserve the right to suspend or terminate accounts that violate these Terms.

3. The Service — For Learners (Consumers)

Swingly is a platform for discovering, accessing, and learning from golf instruction and golf performance content, including Golf Fitness Content, created by independent instructors, coaches, and trainers. The following terms apply to all users who browse, watch, or purchase content on the Service ("Learners").

3.1 Browsing and Free Content

You may browse and discover golf instruction videos from independent instructors without creating an account. Certain videos are designated as free by their respective instructors and may be viewed without any purchase or subscription. Swingly reserves the right to require account creation for access to any features at any time.

3.2 Instructor Subscriptions

Learners may subscribe to individual instructors on a monthly recurring basis to access all of that instructor's subscription-only content. Subscription prices are set independently by each instructor and may vary. By subscribing, you authorize Swingly to charge your payment method on a recurring monthly basis at the price displayed at the time of subscription. You may cancel a subscription at any time through your account settings; cancellation takes effect at the end of the current billing period, and you will retain access to subscription content until that date.

3.3 Pay-Per-View Purchases

Certain lessons may be offered as pay-per-view content. A pay-per-view purchase grants you one-time, lifetime access to the purchased lesson. Prices are set by the instructor. All pay-per-view purchases are final and non-refundable, except as described in Section 5 or as required by applicable law.

3.4 Tips

Learners may send voluntary, one-time monetary tips to instructors in connection with a specific piece of content created by that instructor — including a lesson video or a live stream. Tips cannot be initiated independently of a piece of content; each tip is processed by Stripe with an immutable reference to the content it was sent for and is non-refundable except where required by applicable law or in connection with a payment dispute.

3.5 AI Coaching Features

Swingly offers AI-powered coaching features, including Striker (the AI caddy), which provides personalized swing tips, recommendations, and guidance. AI coaching features are provided for informational and educational purposes only. They do not constitute professional golf instruction, medical advice, or a substitute for in-person coaching. Swingly makes no guarantees regarding the accuracy, completeness, or effectiveness of AI-generated recommendations. You use AI coaching features at your own risk.

3.6 Personal Library and Progress Tracking

Learners may save or bookmark lessons to a personal library for easy access. The Service also tracks your watch history, learning streaks, and hours watched to help you monitor your progress. This data is stored in association with your account and is subject to our Privacy Policy. Swingly may modify, reset, or discontinue progress tracking features at any time.

3.7 Community Interaction

Learners may react to videos (like or dislike), share content, and leave reviews on lessons. All user-generated interactions must comply with our community standards and the Prohibited Conduct provisions in Section 7. Swingly reserves the right to remove any review, reaction, or comment that violates these Terms or is otherwise objectionable, at our sole discretion.

3.8 Payment Methods

All Learner payments (subscriptions, pay-per-view purchases, and tips) are processed through Stripe. You may manage your payment methods through your account settings. Swingly does not store your full payment card information. By providing payment information, you represent that you are authorized to use the payment method and authorize Swingly to charge it for any purchases or subscriptions you initiate.

3.9 Golf Fitness, Strength, and Speed Training Content

Golf Fitness Content, including golf exercises, strength training and conditioning, speed and power training (such as overspeed or swing-speed protocols), stretching, mobility, and flexibility routines, involves physical activity that carries an inherent risk of injury, including muscle strains, joint and back injuries, and, in rare cases, serious injury. Before beginning any exercise, training, or stretching program shown on the Service, you should consult a physician or other qualified healthcare professional, particularly if you are pregnant, are recovering from an injury or surgery, have a heart condition, high blood pressure, or any other medical condition, or have not exercised regularly.

You are responsible for choosing exercises, loads, speeds, and intensities appropriate for your age, fitness level, and health, for using equipment (such as weights, resistance bands, training clubs, and speed-training devices) safely and as its manufacturer intends, and for exercising in a safe environment. Stop immediately and seek medical attention if you feel pain, dizziness, shortness of breath, or discomfort. Golf Fitness Content is educational and general in nature; it is not tailored to you and is not medical advice, diagnosis, treatment, physical therapy, or rehabilitation. Learners under 18 should perform Golf Fitness Content only with the permission and supervision of a parent or legal guardian.

3.10 Refunds and Chargebacks

Refund requests should be sent to support@swingly.club and are handled as described in Sections 5.2 through 5.4 and 5.6. If you are charged more than once for the same pay-per-view lesson or live stream ticket, the duplicate charge is refunded automatically. If you dispute a charge with your card issuer or bank (a "chargeback"), we may suspend your account and cancel your active subscriptions, without a refund for the remainder of the current billing period, except where a refund is required by applicable law. While your account is suspended you cannot sign in or use the Service, including lessons and live streams you previously purchased, and cannot make new purchases, subscriptions, tips, or swing review requests. The suspension is not lifted automatically if the chargeback is decided in your favor; contact support@swingly.club to resolve it. Please contact us first: we are glad to help.

4. The Service — For Instructors

The following terms apply to users who have been approved to upload and distribute content on the Service ("Instructors"). Instructors maintain an independent relationship with Swingly and are not employees, agents, or representatives of Swingly.

4.1 Application and Onboarding

To become an Instructor, you must complete a multi-step onboarding process that includes selecting a unique handle, setting up your instructor profile, connecting a bank account through Stripe Connect, and configuring your pricing. Swingly reserves the right to approve or deny instructor applications at its sole discretion and for any reason. Approval to use the Service as an Instructor may be revoked at any time if you violate these Terms.

As part of Stripe Connect onboarding, Stripe, Inc. and its affiliates (for example, Stripe Payments Canada, Ltd. for accounts in Canada) (collectively, "Stripe") perform identity verification ("Know Your Customer" or "KYC" checks) directly. You will be required to provide information including your legal name, date of birth, residential address, tax identification information (if you're in the United States, a Social Security Number or Employer Identification Number; if you're elsewhere, the equivalent identifier for your country, which Stripe may request, such as a Social Insurance Number in Canada), bank account information, and, in some cases, a government-issued photo identification. This information is collected and processed by Stripe — not Swingly — under Stripe's Connected Account Agreement and Stripe's privacy policy, which you must accept to use the Service as an Instructor. Swingly does not see or store your full tax identification number, bank account number, or identity documents. Stripe is the entity that determines whether you are approved to receive payouts, and Stripe may at its sole discretion request additional verification, restrict, or terminate your Connected Account. Swingly cannot override Stripe's identity verification or risk decisions. Additionally, Swingly and/or Stripe may report information about you and your earnings to tax authorities as required by law (for Instructors in the United States, including issuance of IRS Form 1099 where required), as further described in Section 4.6.

4.2 Content Upload and Management

Instructors may upload video content to the Service. Video hosting and streaming are provided through Mux. You may categorize and tag your lessons by skill level (beginner, intermediate, advanced) and category (e.g., Full Swing, Short Game, Putting, Course Management, Mental Game, Fitness, Speed Training, Stretching). You may designate each video as free, subscription-only, or pay-per-view. You are solely responsible for the accuracy, quality, and legality of all content you upload.

4.3 Pricing

Instructors set their own monthly subscription price and individual per-lesson prices for pay-per-view content. Pricing must be set in U.S. dollars. Swingly may establish minimum or maximum pricing thresholds at any time. Price changes to active subscriptions will be communicated to affected subscribers in advance and take effect at the start of their next billing period.

4.4 Revenue and Platform Fee

Swingly's platform fee is 20% of the gross transaction amount. Instructors receive the remaining 80%, less payment processing fees charged by our payment processor (Stripe) and, for Instructors outside the United States, an allowance for cross-border costs (such as cross-border payout, international card, and currency conversion fees), deducted as a fixed percentage of each payment. The platform fee is subject to change with 30 days' written notice.

4.5 Payouts via Stripe Connect

Instructor payouts are processed through Stripe Connect to the bank account you connect during onboarding. You are responsible for ensuring your Stripe Connect account remains in good standing and that your banking information is current. Payout timing is subject to Stripe's processing schedules for your country, and Stripe may delay initial payouts. Learners pay in U.S. dollars; if your Connected Account is outside the United States, Stripe converts your earnings to your local currency (see Section 5.7). Swingly is not responsible for delays caused by Stripe, your financial institution, or incomplete account information.

4.6 Tax Responsibilities

Instructors are solely responsible for their own tax reporting and compliance, including but not limited to income taxes, self-employment taxes, and any applicable sales, use, value-added, or goods and services taxes. If you're in the United States, Swingly or Stripe may issue tax reporting forms (such as IRS Form 1099) as required by law, and you may be asked for your Social Security Number or Employer Identification Number. Swingly does not provide tax advice, and you should consult a qualified tax professional regarding your obligations.

If you're outside the United States, you are responsible for the taxes that apply in your country. For example, in Canada, GST/HST and income tax on your earnings are your responsibility unless Swingly is required by law to collect or remit them. Stripe may request your tax identification, such as a Social Insurance Number (SIN) or the equivalent for your country, as part of onboarding or later verification, and may withhold, collect, or report information to tax authorities (such as the Canada Revenue Agency) as required by law.

4.7 Content Ownership

Instructors retain full ownership of all content they upload to the Service. By uploading content, you grant Swingly a non-exclusive, worldwide, royalty-free license to host, stream, display, reproduce, and distribute the content solely in connection with operating the Service, as further described in Section 6.

4.8 Analytics Dashboard

Instructors have access to an analytics dashboard displaying metrics such as video views, watch time, subscriber growth, and earnings. Analytics data is provided for informational purposes and may be subject to processing delays. Swingly does not guarantee the real-time accuracy of analytics data but will make reasonable efforts to ensure its reliability.

4.9 Instructor Conduct

Instructors must comply with all applicable laws and regulations, including consumer protection laws, when offering content and setting prices. Instructors may not upload content that infringes third-party intellectual property, contains misleading claims about golf instruction effectiveness, or violates the Prohibited Conduct provisions of these Terms. Swingly reserves the right to remove any content and suspend or terminate any Instructor account that violates these Terms.

4.10 Chargebacks and Dispute Liability

A "chargeback" or "dispute" occurs when a Learner's card issuer or bank reverses a payment made on the Service — for example, after a fraud claim or a complaint about a purchase, subscription, or tip. When a chargeback or dispute is initiated against a transaction routed to your Connected Account, Swingly and you may each incur losses, including the full transaction amount, network or card-brand dispute fees, and reasonable administrative costs incurred by Swingly in handling the dispute (collectively, "Dispute Costs").

Automatic recovery. When a chargeback is filed against a transaction routed to your Connected Account and the disputed funds are withdrawn, Swingly currently recovers your share of that transaction from your Connected Account automatically (by reversing the corresponding transfer), together with the processing fee Stripe does not return on the transaction and, for Connected Accounts outside the United States, the currency conversion fee paid on the original transfer, where applicable. If the chargeback is decided in your favor and the funds are returned, your recovered share is generally returned to your Connected Account, less any amounts you then owe Swingly under this Section 4.10. As of the date of these Terms, Swingly absorbs the network dispute fee, but reserves the rights described below.

Payment holds. Swingly may place your account on a payment hold if a refunded or charged-back amount cannot be recovered, or if a recovery leaves your Stripe balance below zero. During such a hold, payouts are paused (Stripe also blocks payouts while your balance is negative and may debit your bank account to cover it), your profile may be hidden from new Learners, and new purchases, subscriptions, and tips may be paused; existing subscribers generally keep their access. Processing and currency conversion fees you owe from a refund or chargeback may be deducted from your future sales where your account allows it; if they remain unpaid for more than seven days, payouts may be paused until they are settled, while your profile stays visible and you can keep selling. Fees that cannot be deducted from future sales are settled with you directly by Swingly support. Swingly will generally lift a hold once the amount is recovered or settled, unless your account is restricted for another reason under this Section 4.10.

Learner consequences. A Learner who files a chargeback may have their account suspended and active subscriptions canceled, as described in Section 3.10.

Under our current configuration with Stripe, Swingly is the party of record for chargebacks, meaning Stripe debits disputed amounts and fees from Swingly first, and Swingly then recovers amounts from you as described in this Section 4.10. This allocation is subject to change at any time, in Swingly's sole discretion, with notice to Instructors as required by law.

Regardless of which party initially bears a Dispute Cost with the card network or Stripe, you agree that Swingly is entitled to recover from you any Dispute Cost arising from transactions routed to your Connected Account, including but not limited to: (a) the refunded or reversed transaction amount, (b) any chargeback, dispute, network, or card-brand fees passed through by Stripe or any payment network, and (c) reasonable administrative or evidence-gathering costs incurred by Swingly. Swingly may recover these amounts by any lawful means, including (i) deducting them from your current or future earnings on the Service, (ii) reversing or offsetting future payouts through Stripe Connect, (iii) issuing a debit against your Connected Account, (iv) invoicing you directly with payment due within thirty (30) days, or (v) any combination of the foregoing, in each case at Swingly's discretion and without prior notice except as required by law.

You agree to cooperate in good faith with Swingly's response to any chargeback or dispute, including timely providing any evidence, lesson records, communications, or other materials reasonably requested. Swingly is not obligated to contest any dispute on your behalf and makes no guarantee that a dispute will be resolved in your favor.

Swingly reserves the right to suspend, restrict, or terminate your Instructor account, your access to payouts, or your access to the Service at any time if (a) you have outstanding unpaid Dispute Costs, (b) your account exhibits an elevated rate of chargebacks, refunds, or disputes, (c) Stripe restricts or terminates your Connected Account, or (d) Swingly reasonably believes that continued payouts to you would expose Swingly or its users to financial, legal, or reputational risk. Suspension under this Section 4.10 does not relieve you of your obligation to reimburse Swingly for any Dispute Costs already incurred, and Swingly may continue to pursue collection of those amounts after suspension or termination.

Access to subscription content, pay-per-view content, and live streams associated with a successfully disputed transaction may be revoked, and the corresponding earnings credited to your Connected Account may be reversed. This Section 4.10 survives termination of these Terms.

4.11 Golf Fitness, Strength, and Speed Training Content

Instructors who publish or stream Golf Fitness Content, including golf exercises, strength training and conditioning, speed training, stretching, and mobility programming, agree to: (a) demonstrate proper form and include reasonable safety cues, warm-up guidance, and modifications or regressions where appropriate; (b) clearly identify content that is physically demanding or intended for advanced or experienced athletes; (c) accurately represent any fitness, strength and conditioning, physical therapy, medical, or other professional certifications or licenses they hold, and hold any license or certification required by applicable law for the services they offer; (d) not diagnose, treat, or claim to cure any injury or medical condition, or present Golf Fitness Content as a substitute for care from a licensed healthcare professional; and (e) not promote or recommend unsafe training practices, prohibited or controlled substances, or dietary supplements in a manner that is false, misleading, or unlawful.

Instructors are solely responsible for the safety, accuracy, and appropriateness of the Golf Fitness Content they provide, and for maintaining any professional liability insurance they deem appropriate. Swingly does not review Golf Fitness Content for safety or effectiveness and may remove any content it believes, in its sole discretion, presents an unreasonable risk of harm to Learners.

5. Payments and Billing

5.1 Payment Processing

All payments are processed by Stripe, Inc. By making a purchase, you agree to Stripe's terms of service. Swingly does not store your full payment card information.

5.2 Subscriptions

Subscriptions are billed monthly on a recurring basis. You may cancel a subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access until that date. Subscription prices are set by individual instructors and may change. Price changes to existing subscriptions will be communicated in advance.

5.3 Pay-Per-View Purchases

Pay-per-view purchases grant lifetime access to the purchased lesson. Prices are set by instructors. All pay-per-view purchases are final. Refund requests may be submitted to support@swingly.club and will be reviewed on a case-by-case basis within 14 days of purchase.

5.4 Tips

Tips are voluntary, one-time payments from learners to instructors that are tied to a specific piece of content — a lesson video or a live stream — created by the instructor. Tips cannot be sent without a corresponding piece of content, and each tip is recorded with an immutable reference to the content it was sent for. Tips are non-refundable except where required by applicable law or in connection with a payment dispute.

5.5 Instructor Payouts

Swingly's platform fee is 20% of the gross transaction amount. Instructors receive the remaining 80%, less payment processing fees charged by our payment processor (Stripe) and, for Instructors outside the United States, an allowance for cross-border costs, deducted as a fixed percentage of each payment. Payouts are processed through Stripe Connect. Instructors are responsible for their own tax reporting and compliance, as described in Section 4.6.

5.6 Refunds

Refund requests should be sent to support@swingly.club and are reviewed as described in Sections 5.2 through 5.4. If a Learner is charged more than once for the same pay-per-view lesson or live stream ticket, the duplicate charge is refunded automatically. When a payment is refunded in whole or in part, the Instructor's share of the refunded amount is recovered automatically from the Instructor's Connected Account. Stripe does not return its payment processing fee on a refund, so that fee, on the refunded portion, is also recovered from the Instructor, together with, for Connected Accounts outside the United States, the currency conversion fee on the refunded portion of the original transfer. For Connected Accounts in the United States, the processing fee is generally deducted when the refund is processed. Any part of it not deducted at that time and, for all other Connected Accounts, these fees may be recovered by any of the means described in Section 4.10, including deducting it from the Instructor's future sales (by temporarily increasing the share Swingly retains from those sales until it is paid), settling it with the Instructor directly, or pausing payouts until it is settled. Access to refunded content may be revoked.

5.7 Currency and Cross-Border Payments

Learners are charged in U.S. dollars. If the Instructor's Connected Account is in a country other than the United States, Stripe converts the Instructor's share of each payment to the local currency, at its exchange rate at that time, when it is transferred to the Connected Account, so the Instructor's Stripe balance and payouts are in the local currency, and Stripe or Swingly may deduct an allowance for cross-border costs (such as cross-border payout, international card, and currency conversion fees) from the Instructor's share. Because of exchange-rate movement, the local-currency amount debited to recover a refund or chargeback may differ from the amount originally credited for the same transaction. Payout timing follows Stripe's schedule for the Instructor's country.

6. Content and Intellectual Property

6.1 Instructor Content

Instructors retain ownership of all content they upload. By uploading content, instructors grant Swingly a non-exclusive, worldwide, royalty-free license to host, stream, display, reproduce, and distribute the content solely in connection with operating the Service. This license terminates when the content is removed from the platform, subject to reasonable technical delays and cached copies.

6.2 User Content

You retain ownership of any content you submit (reviews, messages, profile information). You grant Swingly a license to use, display, and store this content as necessary to operate the Service.

6.3 Swingly Intellectual Property

The Service, including its design, features, logos, and code, is owned by Swingly, Inc. and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without our express written permission.

7. Prohibited Conduct

You agree not to use the Service, and not to upload, distribute, promote, or monetize content on the Service, to:

• Violate any applicable law or regulation.
• Upload, distribute, or monetize adult content or adult services, including but not limited to nudity, sexually explicit material, sexual acts, subscriber-only nude or sexually explicit imagery, adult audio or video chat, escort or companionship services, or any other content of a pornographic or sexually explicit nature. Swingly is a golf instruction platform and does not support the monetization of adult content under any circumstance.
• Upload, distribute, or monetize content that infringes the copyright, trademark, trade secret, right of publicity, or other intellectual property or proprietary rights of any person or entity, including but not limited to leaked, ripped, or unauthorized reproductions of copyrighted works (such as videos, music, photographs, or written materials) belonging to third parties.
• Upload, distribute, or monetize content that engages in, encourages, promotes, glorifies, or celebrates unlawful violence, terrorism, or violent extremism, or that constitutes hate speech directed at any individual or group based on race, ethnicity, national origin, religion, disability, age, gender, gender identity, sexual orientation, or any other characteristic protected by applicable law.
• Upload or distribute content that is defamatory, harassing, threatening, stalking, or that infringes the privacy rights of others.
• Make misleading or unsubstantiated claims about the effectiveness of golf instruction or Golf Fitness Content, results (including swing speed, distance, strength, or health outcomes), certifications, or credentials.
• Provide medical diagnoses or treatment, or promote training practices, substances, or supplements that are unsafe, unlawful, or banned by applicable golf governing bodies.
• Attempt to gain unauthorized access to the Service or other users' accounts.
• Use automated tools (bots, scrapers, crawlers) to access or collect data from the Service without our written permission.
• Circumvent or disable any security or access-control features of the Service.
• Download, record, or redistribute instructor content beyond what is expressly permitted.
• Impersonate any person or entity or misrepresent your affiliation.
• Engage in any activity that disrupts or interferes with the Service.

Swingly reserves the right, in its sole discretion, to remove any content that violates this Section 7, suspend or terminate any Instructor or Learner account responsible for such content, withhold or reverse payouts associated with prohibited content, and report violations to law enforcement or to Stripe, our payment processor.

Automated screening and user reporting. Swingly employs automated content screening on uploaded videos and live streams prior to publication and provides in-product reporting controls through which Learners may flag content believed to violate these Terms. Content flagged by automated screening or by a user report may be automatically withheld from public discovery pending review by Swingly's Trust & Safety team. Swingly retains sole discretion over the outcome of any such review, including content removal, account suspension, payout reversal, and any other action authorized by these Terms.

Repeat violators. Repeat violations of these Terms by an Instructor or Learner may result in escalating enforcement, including but not limited to extended account suspension, permanent account termination, withholding or reversal of payouts, and disabling of the Instructor's ability to accept payments through Stripe Connect. Swingly maintains internal records of reports, moderation actions, and prior enforcement against each account, which inform the level of response to subsequent violations. Creation of a new account to circumvent prior enforcement is itself a violation of these Terms and is subject to immediate termination.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SWINGLY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

GOLF INSTRUCTION PROVIDED THROUGH THE SERVICE IS CREATED BY INDEPENDENT INSTRUCTORS AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE FROM SWINGLY. SWINGLY DOES NOT VERIFY INSTRUCTOR CREDENTIALS OR CERTIFICATIONS. YOU ASSUME ALL RISK ASSOCIATED WITH FOLLOWING ANY INSTRUCTION OR ADVICE OBTAINED THROUGH THE SERVICE.

Health and fitness disclaimer; assumption of risk. SWINGLY IS NOT A HEALTHCARE PROVIDER, AND NOTHING ON THE SERVICE, INCLUDING GOLF FITNESS CONTENT AND AI COACHING FEATURES, IS MEDICAL ADVICE OR A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. SWINGLY DOES NOT GUARANTEE ANY RESULT FROM GOLF FITNESS CONTENT, INCLUDING ANY INCREASE IN SWING SPEED, DISTANCE, STRENGTH, OR MOBILITY. YOU UNDERSTAND THAT GOLF EXERCISES, STRENGTH TRAINING AND CONDITIONING, SPEED TRAINING, STRETCHING, AND OTHER PHYSICAL ACTIVITY INVOLVE INHERENT RISKS OF PHYSICAL INJURY, AND YOU VOLUNTARILY ASSUME ALL SUCH RISKS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE SWINGLY, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIM ARISING FROM ANY INJURY, ILLNESS, OR DAMAGE YOU SUSTAIN IN CONNECTION WITH PERFORMING ANY ACTIVITY SHOWN OR DESCRIBED ON THE SERVICE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWINGLY, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE. IN NO EVENT SHALL SWINGLY'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO SWINGLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless Swingly, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, your content, or your violation of any rights of a third party.

11. DMCA and Copyright

We respect intellectual property rights and respond to valid notices under the Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, please submit a notice to support@swingly.club with: (a) identification of the copyrighted work, (b) identification of the infringing material and its location on the Service, (c) your contact information, (d) a statement of good-faith belief that the use is not authorized, and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

13. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that either party may seek injunctive relief in any court of competent jurisdiction. The arbitration shall take place in Wilmington, Delaware. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Modifications to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after any modifications constitutes acceptance of the revised Terms. If you do not agree with any changes, you must stop using the Service and may request account deletion.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Swingly regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16. Contact

For questions about these Terms, please contact us at: