Terms of Use

These Terms of Use (“Terms”) are an agreement between you and Kurma Solaris LLC, a Florida limited liability company that operates SHOTCOUNT (“we”, “us”). They cover the SHOTCOUNT app, the website at myshotcount.com and everything we offer through them (the “Services”).

By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you don’t agree, don’t use the Services.

Please read Section 18. It says that most disputes between you and us will be settled by individual arbitration rather than in court, and that you give up the right to bring or join a class action. You can opt out within 30 days.

You must be at least 13 years old to use the Services.

If you are under 18, or under the age of majority where you live, a parent or legal guardian must read these Terms and agree to them for you. Parents and guardians who allow a minor to use SHOTCOUNT are responsible for that use.

You can’t use the Services if the law where you live doesn’t allow it, or if we have previously closed your account.

You sign in with your Apple Account, your Google Account or an email address and password. Each account is for one person. You are responsible for what happens on your account, so keep your devices and password secure, and tell us at kurmasolaris@gmail.com if you think someone else has used it.

“Your content” means what you create or add in SHOTCOUNT: the videos the app records during your sessions, your profile photo and details, your session stats, and any feedback or messages you send us.

You own your content.So that we can run SHOTCOUNT, you give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, analyze and show your content to you, and to let our service providers do these things for us. The license covers providing the Services and improving them, including developing, testing and training the models behind SHOTCOUNT’s shot tracking, court detection and shooting form analysis. It applies to content you added before these Terms took effect as well as after.

When you delete content or your account, we remove it from the app and the website as our Privacy Policy describes. The license continues for copies already in the datasets we use to develop and train our models, and for copies we must keep by law or for a safety or legal matter. Models already trained on your content keep what they learned from it.

You promise that:

• you have the right to everything you add to SHOTCOUNT;
• the people who appear in your videos are fine with being recorded, and for anyone under 18, a parent or guardian is; and
• you follow the rules of the gym, school or court where you record.

When you share a session card to another app, such as Instagram or Messages, that app’s terms apply to what you share there.

SHOTCOUNT is for recording and tracking your basketball training. You must not record, upload, store or share anything through the Services that:

• contains nudity or sexual content;
• sexually exploits or endangers children in any way. We report this to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement;
• shows or threatens violence, self-harm or cruelty;
• harasses, bullies or intimidates anyone, or attacks people for who they are;
• records people where they expect privacy, such as locker rooms or restrooms, or records anyone without consent where the law requires it;
• infringes anyone’s copyright, trademark, privacy or publicity rights; or
• is otherwise illegal, or helps or encourages illegal activity.

You also must not:

• use our storage for anything other than your SHOTCOUNT session data, or upload files any way other than through the SHOTCOUNT app;
• share links to stored files in order to distribute content;
• access, or try to access, another person’s account or data;
• copy, reverse engineer or scrape the Services, get around their security or limits, or disrupt them;
• use the Services, or anything they produce, to build a competing product or train other models; or
• resell the Services or use them commercially without our written permission.

We don’t have to monitor what people record or upload, but we may, including with automated tools. If we believe content or conduct breaks these Terms or the law, or could harm someone, we may remove or block the content and suspend or close the account. We may do this without notice.

We may keep content and information when the law requires it, and share them with law enforcement or NCMEC. Where the law requires us to report something, we will.

To report content or behavior that breaks these rules, use Settings › Report a problem in the app or email kurmasolaris@gmail.com. If you think we removed something or closed your account by mistake, email us and we’ll take another look.

We respect copyright. If you believe content on the Services infringes your copyright, email kurmasolaris@gmail.com with:

• the copyrighted work you believe is infringed;
• the content you believe infringes it, with enough detail for us to find it;
• your name and contact details; and
• a statement that the information is accurate and that you are the copyright owner or authorized to act for them.

We’ll review it and may remove the content. If we remove your content and you believe it was a mistake, email us and we’ll take another look. We close the accounts of people who repeatedly infringe.

SHOTCOUNT subscriptions are sold through Apple’s App Store in the iPhone app and through Google Play in the Android app. The store you buy from charges you, handles renewals and decides on refunds under its own refund policy, and its terms apply to the purchase: Apple’s for the App Store, and Google Play’s Terms of Service and policies for Google Play. We don’t see or store your payment details.

Subscriptions renew automatically until you cancel. To avoid the next charge, cancel an App Store subscription in your Apple Account’s subscription settings at least 24 hours before the current period ends, and a Google Play subscription in Google Play (Play Store › Payments & subscriptions › Subscriptions) before the current period ends. If a subscription starts with a free trial, it becomes paid when the trial ends unless you cancel first. Deleting the app or your SHOTCOUNT account doesn’t cancel a subscription.

Basketball is a physical activity, and training carries a risk of injury. Check with a doctor before starting a new training program, especially if you have a health condition. You train at your own risk.

SHOTCOUNT’s shot counts, shooting form measurements and suggestions are estimates for training purposes. They aren’t medical, physical-therapy or professional coaching advice. Set your phone up where nobody will trip over it or be hit by a ball, and stay aware of what’s around you.

The Services, including the app, the website, our software, our models and the SHOTCOUNT name and logo, belong to Kurma Solaris LLC and are protected by law. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Services for your own training, as these Terms allow.

If you send us ideas or feedback, we may use them without owing you anything.

If you got SHOTCOUNT from Apple’s App Store:

• These Terms are between you and Kurma Solaris LLC, not Apple. We, not Apple, are responsible for the app and its content.
• Your license to use the app is limited to Apple-branded devices you own or control, as Apple’s Usage Rules allow.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to meet a warranty that applies, you can tell Apple, and Apple will refund the app’s purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the app.
• Apple isn’t responsible for claims about the app, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and consumer protection or privacy claims.
• If someone claims the app infringes their intellectual property, we, not Apple, are responsible for investigating, defending and settling that claim.
• You confirm that you are not in a country subject to a U.S. Government embargo, or one the U.S. Government has designated as supporting terrorism, and that you aren’t on any U.S. Government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use the app, such as your mobile carrier’s.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and can enforce them against you.

If you got SHOTCOUNT from Google Play:

• These Terms are between you and Kurma Solaris LLC, not Google. We, not Google, are responsible for the app and its content.
• Google Play’s Terms of Service and policies apply to getting the app from Google Play and to what you buy there, including subscription renewals, cancellations and refunds. Google decides on refunds under Google Play’s refund policy.
• To cancel a subscription you bought through Google Play, cancel it in Google Play (Play Store › Payments & subscriptions › Subscriptions), as Section 8 describes.

We may add, change or remove features, or stop offering the Services. We may also update these Terms. If a change is significant, we’ll tell you in the app or by email before it takes effect, and we may ask you to agree to it in the app.

If you keep using the Services after a change takes effect, the updated Terms apply. If you don’t agree to a change, stop using the Services and delete your account. Changes to Section 18 don’t apply to a dispute that arose before the change.

You can delete your account at any time in the app under Settings › Account › Delete account. We may suspend or close your account as Section 6 describes. Sections 4 (the parts about rights you gave us before deleting), 10 and 15 through 20 continue to apply after your account ends.

The Services are provided “as is” and “as available.” To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t promise that the Services will be uninterrupted or error-free, or that shot counts, measurements or other results will be accurate.

To the extent the law allows, Kurma Solaris LLC and its owners, employees and contractors won’t be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from the Services or these Terms. Our total liability for all claims is limited to the greater of $100 or what you paid for SHOTCOUNT in the 12 months before the claim arose.

Some places don’t allow some of these limits. In those places, they apply only as far as the law allows.

To the extent the law allows, you agree to defend and compensate Kurma Solaris LLC against claims, losses and costs (including reasonable legal fees) that come from your content, your breaking these Terms or the law, or your violating someone else’s rights.

Talk to us first. If you have a dispute with us, email kurmasolaris@gmail.comwith your name, the email on your account and a description of the problem. We’ll try to resolve it informally within 60 days. Neither of us will start an arbitration or lawsuit before then.

Arbitration.If we can’t resolve it, you and we agree that any dispute arising from or relating to the Services or these Terms will be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at adr.org). The arbitration can take place by video, or in the county where you live. Fees are paid as those rules provide. The Federal Arbitration Act governs this section.

Exceptions. Either of us may bring an individual claim in small claims court, or ask a court to stop someone from infringing or misusing intellectual property.

No class actions or juries.You and we may bring claims only individually, not as a plaintiff or class member in any class, collective or representative action, and you and we give up the right to a jury trial. If 25 or more similar claims are filed against us by or with the help of the same lawyers or organization, they will be administered in batches as the provider’s mass-arbitration rules allow. If a court decides that this class action waiver can’t be enforced for a particular claim, that claim goes to court, not arbitration.

Opting out. You can opt out of arbitration by emailing kurmasolaris@gmail.comwithin 30 days of first agreeing to these Terms. Include your name, the email on your account and a statement that you opt out of arbitration. Opting out doesn’t affect the rest of these Terms.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 18. Any claim that isn’t arbitrated will be heard only in the state or federal courts located in Florida, and you and we agree to their jurisdiction.

These Terms and the Privacy Policy are the whole agreement between you and us about the Services. If any part of these Terms can’t be enforced, the rest still applies. If we don’t enforce a part right away, we haven’t given up the right to enforce it later. You can’t transfer these Terms to someone else; we may transfer them as part of a merger, acquisition or sale of assets. We may send you notices in the app or by email, and you agree to receive them electronically. We aren’t responsible for delays or failures caused by events beyond our reasonable control.

Kurma Solaris LLC. Email: kurmasolaris@gmail.com.