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 videos created by independent instructors. 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.

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. ("Stripe") performs 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, taxpayer identification number (such as a Social Security Number or Employer Identification Number), 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 taxpayer 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, Stripe is responsible for any tax reporting obligations imposed by law as a result of payments you receive through the Service (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). 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

Instructors earn 80% of all revenue generated from subscriptions, pay-per-view purchases, and tips. Swingly retains 20% as a platform fee. The platform fee is subject to change with 30 days' written notice. Revenue amounts are calculated after payment processing fees charged by Stripe.

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. 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 or use taxes. Swingly may issue tax reporting forms (such as IRS Form 1099) as required by law. Swingly does not provide tax advice, and you should consult a qualified tax professional regarding your obligations.

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").

Under our current configuration with Stripe, Swingly is the party of record for chargeback losses, meaning Swingly may initially absorb the financial loss when a dispute is upheld in the Learner's favor. 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.

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

Instructors receive 80% of all revenue generated from subscriptions, pay-per-view purchases, and tips. Swingly retains 20% as a platform fee. Payouts are processed through Stripe Connect. Instructors are responsible for their own tax reporting and compliance.

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, results, certifications, or credentials.
• 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.

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: