These Terms of Use (“Terms”) are an agreement between you and Something Better LLC (“we”, “us”), the developer of ShotDraw (the “App”). By downloading or using the App, you agree to these Terms. If you don’t agree, don’t use the App.
1. Your licence to use ShotDraw
The App is licensed, not sold, to you. Your licence is governed by Apple’s Licensed Application End User License Agreement (the “Standard EULA”), which applies between you and us. These Terms add to the Standard EULA; if the two conflict, the Standard EULA controls to the extent of the conflict, except where these Terms give you more rights.
You may use the App on Apple devices you own or control, as permitted by the App Store’s Usage Rules. You may not copy, modify, reverse-engineer, decompile or redistribute the App except as the law allows despite this restriction.
2. Your videos and content
Your videos, shots and everything you create in the App are yours. They are processed and stored on your device, and we do not receive them (see our Privacy Policy). You are responsible for the videos you record, import and share, including having the right to film the people and places in them, and for keeping your own backups.
3. Estimates, not measurements
ShotDraw estimates ball flight, carry, apex, hang time, launch, start line, curve, shape, tempo and other values from video. These are estimates: they are not measured by a launch monitor or radar, they can be wrong, and they are shown with their uncertainty. Traces are drawn from a physical model and may not match the ball’s exact path. On-course distances come from your device’s location services and are only as accurate as its GPS fix. Don’t rely on the App where accuracy matters, for example to settle a wager or to meet an equipment fitting requirement.
Rules of competition, such as the Rules of Golf and local rules, may restrict the use of distance-measuring devices, video or swing-analysis features during a round. You are responsible for following the rules that apply to you.
4. Swing analysis is not medical advice
The posture check and other swing analysis give general feedback on golf technique. They are not medical, physiotherapy or fitness advice and are not a substitute for a qualified professional. Stop and seek advice if you feel pain or have an injury.
5. Play safely
Golf balls and clubs can cause serious injury and damage. When filming, place your device and yourself out of the path of swings and shots, follow the rules of the course or range, and stay aware of other people. Don’t use the App in a way that distracts you from your surroundings.
6. Purchases
ShotDraw 1.0 is free and has no in-app purchases. If we offer paid features in the future, they will be sold through the App Store under Apple’s terms, which govern payment, renewal, cancellation and refunds. Refund requests are handled by Apple. Prices and features may change.
7. Updates and availability
We may update, change or stop offering the App or any feature at any time. Some features need permissions, hardware or an operating system version your device may not have. We are not obliged to provide maintenance or support, but you can always reach us at support@shotdraw.com.
8. Feedback
If you send us ideas or feedback, you allow us to use them to improve ShotDraw without any obligation to you.
9. Our rights
The App, its name, logo, design and software are owned by Something Better LLC or its licensors and protected by intellectual property laws. These Terms don’t give you any right to use our trademarks.
10. Disclaimer of warranties
To the fullest extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We don’t warrant that the App will be uninterrupted, error-free or that it will find or trace every shot. Some jurisdictions don’t allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
11. Limitation of liability
To the fullest extent permitted by law, Something Better LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, videos, profits or goodwill, arising from your use of or inability to use the App. Our total liability for any claim relating to the App is limited to the greater of the amount you paid for the App and fifty US dollars (US$50). Nothing in these Terms limits liability that cannot be limited by law.
12. Apple
You acknowledge that:
- These Terms are between you and Something Better LLC only, not Apple, and Apple is not responsible for the App or its content.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
- Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and consumer protection or privacy claims.
- If a third party claims that the App or your use of it infringes their intellectual property rights, Something Better LLC, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.
13. Governing law
These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. Any dispute arising from these Terms or the App will be resolved in the state or federal courts located in California, and you and we consent to their jurisdiction. If you are a consumer living outside the United States, you keep the protection of the mandatory laws of your country of residence.
14. Changes to these Terms
We may update these Terms. The new version will be posted here with a new effective date. If you keep using the App after a change takes effect, you accept the updated Terms.
15. General
If any part of these Terms is found unenforceable, the rest remains in effect. Our not enforcing a provision is not a waiver of it. These Terms, the Standard EULA and our Privacy Policy are the entire agreement between you and us about the App.
16. Contact
Something Better LLC
support@shotdraw.com