These Terms & Conditions ("Terms") govern your access to and use of the HioSwing service, website and any related applications (together, the "Service"). The Service is operated by Minded Motion B.V., a private company with limited liability incorporated under the laws of the Netherlands ("HioSwing", "we", "us" or "our"). By creating an account, uploading content, or otherwise using the Service you agree to be bound by these Terms.
1. About us and how to contact us
HioSwing is a brand of Minded Motion B.V. Our company details are:
- Legal name: Minded Motion B.V.
- Trading name: HioSwing
- Registered address: Garnizoenweg 17, 5928 NA Venlo, the Netherlands
- Chamber of Commerce (KvK): 81936370
- Email: info@mindedmotion.nl
2. Acceptance of these Terms
By accessing or using the Service you confirm that you accept these Terms and that you agree to comply with them. If you do not agree, you must not use the Service. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
3. The Service
HioSwing allows you to upload short videos of your golf swing and receive feedback, either generated by automated artificial-intelligence models or, where you select an expert review, by a qualified golf professional. The Service is intended for recreational coaching purposes only and does not replace in-person professional instruction, medical advice or physiotherapy.
4. Your account
- You must provide accurate and complete information when registering and keep your account details up to date.
- You are responsible for safeguarding your login credentials and for all activity that takes place under your account.
- You must notify us immediately at info@mindedmotion.nl if you suspect any unauthorised use of your account.
5. Acceptable use
You agree not to misuse the Service. In particular, you must not:
- use the Service for any unlawful, fraudulent, deceptive or harmful purpose;
- upload content that infringes third-party intellectual-property, privacy or publicity rights;
- upload videos of identifiable third parties without their consent, or any content depicting minors in an inappropriate manner;
- upload viruses, malware or any other malicious code, or attempt to probe, scan, breach or otherwise interfere with the security or integrity of the Service;
- scrape, crawl, mirror or otherwise systematically extract data from the Service;
- resell, redistribute or commercially exploit the Service or any analyses generated by it without our prior written consent;
- reverse engineer, decompile or disassemble any part of the Service, except to the extent permitted by mandatory law.
6. AI-generated feedback
Analyses generated by our AI models are produced automatically and may contain inaccuracies, omissions or misinterpretations. Outputs are provided for general guidance only. You are responsible for the way you act on any feedback, and you should always use your own judgement and consult a qualified professional before making material changes to your technique, equipment or training routine. The Service must not be used to generate misleading or deceptive content about other people.
7. Your content
You retain ownership of the videos and other content you upload ("User Content"). By uploading User Content you grant Minded Motion B.V. a worldwide, non-exclusive, royalty-free licence to host, store, transmit, transcode and display that content for the sole purpose of operating, securing and improving the Service and delivering analyses to you. We may remove or restrict User Content that we reasonably believe violates these Terms or applicable law.
8. Our intellectual property
The Service, including its software, interface, design, trademarks and the analyses generated by our models (excluding your underlying User Content), is and remains the property of Minded Motion B.V. and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own personal, non-commercial use during the term of these Terms.
9. Payments and Merchant of Record
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Payment, billing, tax and cancellation mechanics are governed by the Paddle Checkout Buyer Terms. By completing a purchase you also accept those terms.
10. Refunds
Refund requests are handled by Paddle in line with our Refund Policy. We offer a 30-day money-back guarantee on individual analyses, subject to the conditions described in that policy.
11. Service availability
We aim to keep the Service available and accurate but we do not guarantee that it will be uninterrupted, error-free, secure or free from viruses or bugs. Planned maintenance, third-party outages or events outside our reasonable control may affect availability. To the fullest extent permitted by law we disclaim all implied warranties, including those of merchantability and fitness for a particular purpose.
12. Suspension and termination
We may suspend or terminate your access to the Service, in whole or in part, without prior notice if (a) you materially breach these Terms, (b) your account is associated with fraud, abuse, or a security or payment-fraud risk, (c) we are required to do so by law, or (d) your account has been inactive for a prolonged period. You may stop using the Service at any time by deleting your account from your dashboard.
13. Limitation of liability
To the fullest extent permitted by law, Minded Motion B.V.'s total aggregate liability arising out of or in connection with the Service is limited to the amounts you paid for the Service in the twelve (12) months preceding the event giving rise to the liability. We exclude liability for indirect, incidental, special or consequential damages, including loss of profits, loss of data or loss of goodwill. Nothing in these Terms limits liability that cannot be excluded under Dutch mandatory law, including liability for fraud, intentional misconduct, or death or personal injury caused by negligence.
14. Indemnity
You agree to indemnify and hold harmless Minded Motion B.V., its directors, employees and contractors against any claims, damages and reasonable costs arising from User Content you upload, your unlawful use of the Service or your breach of these Terms.
15. Changes to the Service or these Terms
We may update the Service and these Terms from time to time. Material changes will be communicated through the Service or by email. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.
16. Governing law and disputes
These Terms are governed by the laws of the Netherlands. Any dispute that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the competent court in the district where Minded Motion B.V. has its registered office, without prejudice to mandatory consumer-protection rights that grant you the right to bring proceedings in your country of residence.
17. Severability and assignment
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition or sale of assets.
18. Force majeure
We are not liable for any delay or failure to perform our obligations caused by events beyond our reasonable control, including acts of God, war, terrorism, labour disputes, internet or telecommunications outages, or governmental action.