Terms for using SwingDraw on iPhone and iPad.

These Terms and Conditions govern your use of SwingDraw, a paid iOS application developed by David Balderston. By downloading, installing, or using SwingDraw, you agree to these terms.

1. Scope of License

SwingDraw is licensed, not sold, to you. You receive a personal, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices that you own or control, subject to the App Store Usage Rules and these terms.

You may not distribute, sublicense, lease, lend, sell, or otherwise make SwingDraw available to others over a network where it could be used by multiple devices at the same time. You may not copy, reverse engineer, disassemble, attempt to derive source code from, modify, or create derivative works from the app except where applicable law specifically allows that activity despite this restriction.

2. Data and Privacy

SwingDraw's handling of data is described in the Privacy Policy. In summary, photos and videos you choose to use in SwingDraw remain on your device unless you explicitly share them through iOS. SwingDraw does not collect names, email addresses, location data, device identifiers, analytics events, or advertising-tracking data from inside the app.

3. Termination

These terms remain in effect until they are terminated by you or by the licensor. Your rights under these terms end automatically if you fail to comply with them. When the license ends, you must stop using SwingDraw and delete all copies in your possession or control.

4. External Services

SwingDraw may allow you to use Apple-provided or third-party features outside the app, such as the iOS share sheet. Those external services are provided by their respective operators, may change or become unavailable without notice, and are used at your own risk. SwingDraw is not responsible for examining or evaluating third-party content, services, or websites.

5. No Warranty

To the fullest extent permitted by applicable law, SwingDraw is provided on an "as is" and "as available" basis, without warranties of any kind. This includes implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and noninfringement, except where those warranties cannot be disclaimed under applicable law.

6. Limitation of Liability

To the fullest extent permitted by law, David Balderston and SwingDraw will not be liable for indirect, incidental, special, consequential, or exemplary damages, including loss of data, loss of profits, business interruption, or similar losses arising out of or related to your use of or inability to use SwingDraw. Where liability cannot be excluded but may be limited, total liability will be limited to the greater of the amount you paid for SwingDraw or fifty U.S. dollars (USD $50).

7. Export and Legal Compliance

You may not use or export SwingDraw except as authorized by United States law and the laws of the jurisdiction where you obtained the app. By using SwingDraw, you represent that you are not located in a country subject to a U.S. embargo and are not on a U.S. government list of prohibited or restricted parties.

8. U.S. Government Users

SwingDraw and its related documentation are commercial computer software and commercial computer software documentation. U.S. Government users receive only those rights granted to all other end users under these terms, as provided in applicable federal regulations.

9. Governing Law

Except where applicable law requires otherwise, these terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Except where law provides a different forum, disputes arising from these terms or your use of SwingDraw will be resolved in the state or federal courts located in Santa Clara County, California.

10. Contact

Questions about these terms can be sent to [email protected].