Welcome to goSmash. These Terms of Service ("Terms") govern your access to and use of the goSmash mobile application, website at https://gosmash.app, and related services (collectively, the "Service") operated by goSmash ("we", "our", or "us").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the Service. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
2. Account Registration
- You may register using email/password or Google Sign-In.
- You are responsible for maintaining the security of your account credentials.
- You must provide accurate and complete information during registration.
- You are responsible for all activity that occurs under your account.
- Notify us immediately if you suspect unauthorized access to your account.
3. The Service
goSmash provides AI-powered badminton coaching tools, including:
- Video Analysis: Upload match videos for automated analysis of technique, movement, and shot selection using computer vision and pose estimation.
- AI Coach: Chat with an AI coaching assistant for personalized improvement advice.
- Progress Tracking: View statistics, trends, and performance metrics across your matches.
4. User Content
4.1 Your Content
"User Content" means any videos, text, images, or other material you upload or submit through the Service.
- You retain ownership of your User Content.
- By uploading content, you grant us a limited, non-exclusive, royalty-free license to process, analyze, store, and display your content solely for the purpose of providing the Service to you.
- This license terminates when you delete your content or account.
4.2 Content Responsibilities
You represent and warrant that:
- You have the right to upload and share any content you submit.
- Your videos do not violate the privacy rights of any third party. If your videos include other individuals (opponents, spectators, etc.), you are responsible for obtaining any required consent.
- Your content does not contain illegal, harmful, abusive, or objectionable material.
- Your content does not infringe on any intellectual property rights.
4.3 Content Removal
We reserve the right to remove any content that violates these Terms, without prior notice.
5. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose or in violation of any applicable laws.
- Upload content that you do not have the right to share.
- Attempt to gain unauthorized access to the Service, other user accounts, or our systems.
- Interfere with or disrupt the Service or its infrastructure.
- Reverse engineer, decompile, or attempt to extract the source code of the Service.
- Use automated bots, scrapers, or similar tools to access the Service.
- Resell, redistribute, or commercially exploit the Service without our written permission.
- Use the AI Coach to generate content that is harmful, abusive, or misleading.
- Circumvent any rate limits, usage quotas, or security measures.
6. AI-Generated Content
The AI Coach feature uses artificial intelligence (powered by third-party AI models) to provide coaching advice. You acknowledge that:
- Not professional advice: AI-generated coaching is for informational and recreational purposes only. It is not a substitute for professional coaching, medical advice, or physical therapy.
- Accuracy not guaranteed: AI analysis and coaching suggestions may contain errors or inaccuracies. You should exercise your own judgment when following any advice.
- Physical safety: Always warm up properly and consult a healthcare professional before making significant changes to your training regimen. goSmash is not responsible for injuries resulting from following AI-generated advice.
- Video analysis limitations: Analysis accuracy depends on video quality, camera angle, lighting, and other factors. Results are estimates and may not perfectly represent your actual technique.
7. Intellectual Property
- The Service, including its design, code, branding, AI models, and documentation, is owned by goSmash and protected by intellectual property laws.
- The goSmash name, logo, and related marks are our trademarks. You may not use them without our prior written consent.
- We reserve all rights not expressly granted in these Terms.
8. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the data practices described in the Privacy Policy.
9. Service Availability & Changes
- We strive to keep the Service available but do not guarantee uninterrupted or error-free operation.
- We may modify, suspend, or discontinue any part of the Service at any time, with or without notice.
- We may update these Terms from time to time. Material changes will be communicated through the app or website. Continued use after changes constitutes acceptance.
10. Fees & Payments
The Service is currently offered free of charge. We reserve the right to introduce paid features or subscription plans in the future. If we do, we will provide advance notice and clearly communicate pricing before any charges apply.
11. Termination
- You may stop using the Service and request account deletion at any time.
- We may suspend or terminate your account if you violate these Terms, with or without notice.
- Upon termination, your license to use the Service ends immediately. We will delete your personal data in accordance with our Privacy Policy.
- Sections that by their nature should survive termination (e.g., Limitation of Liability, Indemnification) will continue to apply.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AI ANALYSIS OR COACHING ADVICE WILL BE ACCURATE OR RELIABLE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOSMASH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.
14. Indemnification
You agree to indemnify and hold harmless goSmash and its affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your User Content, including any third-party privacy or intellectual property claims
- Your violation of any applicable law or third-party rights
15. Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of New Zealand, and you consent to the personal jurisdiction of such courts.
16. General
- Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and goSmash.
- Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
- Waiver: Failure to enforce any right does not constitute a waiver of that right.
- Assignment: You may not assign your rights under these Terms. We may assign ours without restriction.
17. Contact Us
If you have questions about these Terms, contact us at:
