These Terms of Service (“Terms”) form a binding agreement between you and Smashspeed (“Smashspeed,” “we,” “us,” or “our”) and govern your access to and use of the Smashspeed mobile application and related services (collectively, the “Service”). By downloading, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility and Accounts
You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the Service. To access certain features you must create an account using Sign in with Apple, Google Sign-In, or an email address and password. You agree to provide accurate information, to keep your credentials secure, and to be responsible for all activity that occurs under your account. Notify us promptly at smashspeedai@gmail.com if you suspect unauthorized use of your account.
2. The Service and How It Works
Smashspeed uses computer-vision and machine-learning technology to detect a shuttlecock in video you provide and to estimate the speed of a badminton smash. The Service depends on the video you supply and on factors outside of our control. Smashspeed does not use acoustic or sound-based measurement; speed is estimated from visual analysis of video frames.
3. Accuracy Disclaimer — Estimates Only
Speed values, angles, and other metrics produced by the Service are estimates generated by software and are provided for personal training, reference, and entertainment purposes only. Their accuracy can be affected by many factors, including but not limited to camera distance and angle, video resolution and frame rate, lighting and background conditions, motion blur, calibration, occlusion of the shuttlecock, and device performance. You acknowledge that results may be inaccurate or incomplete and must not be relied upon for officiating, competition, scientific, medical, commercial, betting, or any other use where accuracy is important. Smashspeed makes no representation or warranty as to the accuracy, reliability, or completeness of any result.
4. License to Use the Service
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and use the Service on devices you own or control, for your personal, non-commercial use. We reserve all rights not expressly granted to you.
5. Your Content
You retain ownership of the videos and other content you submit to the Service (“Your Content”). By submitting Your Content, you grant Smashspeed a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and analyze Your Content solely as necessary to operate and provide the Service to you. You represent and warrant that you have all rights necessary to submit Your Content and that doing so does not violate the rights of any third party, including the privacy or publicity rights of any person appearing in your videos. You are solely responsible for Your Content.
6. Acceptable Use
You agree that you will not, and will not attempt to:
- use the Service for any unlawful, harmful, or fraudulent purpose;
- upload content that is illegal, infringing, or that you do not have the right to submit;
- record or analyze any person without their knowledge or consent where such consent is required by law;
- reverse engineer, decompile, or attempt to extract our models, source code, or algorithms;
- interfere with, disrupt, overload, or circumvent any security or access controls of the Service;
- resell, redistribute, or commercially exploit the Service or its outputs without our written permission; or
- use automated means to access the Service except as expressly permitted.
7. Subscriptions, Pricing, and Renewals
Smashspeed offers optional paid subscriptions (“Smashspeed Pro”), including monthly and yearly plans, which unlock additional features. Subscriptions are sold and processed by Apple through the App Store and are subject to Apple’s applicable terms, including the standard Apple End User License Agreement.
- Payment is charged to your Apple ID account at confirmation of purchase. Prices are shown in the app and may vary by region and over time.
- Subscriptions automatically renew for the same period at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period.
- You can manage or cancel your subscription, and turn off auto-renew, in your App Store account settings.
- Except where required by law, payments are non-refundable and refunds are handled solely by Apple in accordance with Apple’s policies. Deleting the app does not cancel your subscription.
8. Intellectual Property
The Service, including its software, models, design, text, graphics, logos, and all related intellectual property, is owned by Smashspeed or its licensors and is protected by applicable laws. Except for the limited license granted above, nothing in these Terms transfers any ownership or rights in the Service to you.
9. Assumption of Risk — Physical Activity
Badminton and related physical activity involve inherent risks of injury. You are solely responsible for your own safety and for the safety of others around you. Always be aware of your surroundings and never position a phone, tripod, or other equipment where it could cause injury or be struck. Do not use the Service in a way that distracts you during play. You assume all risk arising from your physical activity and your placement and use of equipment while using the Service.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY RESULT, MEASUREMENT, OR ESTIMATE WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMASHSPEED, ITS OWNERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, PROPERTY OR DEVICE DAMAGE, LOSS OF STORED CONTENT OR HISTORY, OR DECISIONS MADE IN RELIANCE ON ANY SPEED ESTIMATE OR OTHER OUTPUT OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWENTY CANADIAN DOLLARS (CA$20). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless Smashspeed and its owners and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Service, Your Content, your violation of these Terms, or your violation of any rights of a third party.
13. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms or if we discontinue the Service. Upon termination, the licenses granted to you end, while provisions that by their nature should survive — including ownership, disclaimers, limitations of liability, and indemnification — will continue to apply.
14. Third-Party Services and App Stores
The Service relies on third-party platforms and services, including Apple, Google, and Firebase. Your use of those services may also be governed by their respective terms. Apple and Google are not parties to these Terms and are not responsible for the Service. To the extent you obtained the app through the Apple App Store, you acknowledge that Apple has no obligation to provide maintenance or support for the Service, and that Apple is a third-party beneficiary of these Terms with the right to enforce them.
15. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in British Columbia, Canada, except where prohibited by applicable law. Nothing in this section limits any mandatory consumer-protection rights available to you in your place of residence.
16. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will revise the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes.
17. Contact Us
If you have any questions about these Terms, contact us at smashspeedai@gmail.com.