Terms of Service

1. Agreement to These Terms

These Terms of Service (the "Terms") are a binding agreement between you and PickleSwaps LLC, a California limited liability company ("PickleSwaps," "we," "us," or "our"), governing your use of the website located at pickleswaps.com, the AI-powered paddle selector, the Kitch IQ video analysis service, Rallywise (the pickleball decision game included with Kitch IQ), and any related features, content, or services we operate (collectively, the "Service").

By accessing or using the Service, clicking a box indicating acceptance, or making a purchase, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service. Where a purchase or account creation is involved, you will be required to affirmatively accept these Terms by checking an unchecked box presented with a link to the then-current Terms and Privacy Policy.

2. Eligibility; Age Requirement

You must be at least 18 years old (or the age of majority in your place of residence, if higher) to create an account (including an account used to save Rallywise progress), make a purchase (including a purchase or subscription that includes Rallywise), or upload video to the Service. When you accept these Terms to create an account or make a purchase, you confirm that you meet this requirement.

The general informational content of the Service is not directed to children. We do not knowingly collect personal information from children under 13, and the Service is not intended for their use. See Section 13 of the Privacy Policy for how we handle children’s data.

3. Description of the Service; Informational Use Only

PickleSwaps provides (a) editorial content and an AI-powered paddle recommendation tool that suggests pickleball paddles based on information you provide, and (b) Kitch IQ, a paid service that analyzes pickleball match video you upload and returns AI-generated coaching observations, annotated screenshots, and related analysis, and (c) Rallywise, a pickleball decision game included with Kitch IQ, in which you choose what to do in animated game situations and see an explanation of each choice.

Rallywise is training content. Its explanations, levels, skill progress, and badges reflect how you answered in the game; they are not a measurement or rating of how you play on court, and they are not an official or certified rating of any kind. When Rallywise rounds are built from a Kitch IQ report, they follow that report’s observations, which are subject to Section 8.

All recommendations and analyses are informational only. They are generated in whole or in part by automated AI systems and may contain errors, omissions, or observations that do not apply to you. They are not professional coaching, medical, physical-therapy, or health advice, and they are not a substitute for the judgment of a qualified instructor or healthcare provider. You are solely responsible for decisions you make based on the Service, including equipment purchases and changes to how you play or train. If you have an injury or a medical condition, consult a qualified professional before acting on any output of the Service.

We do not warrant that any paddle we recommend is suitable, safe, or fit for your particular purpose, and we are not the manufacturer or seller of products we link to.

4. Affiliate Disclosure

PickleSwaps earns commissions through affiliate relationships. As an Amazon Associate, we earn from qualifying purchases. We also participate in other affiliate programs and networks (which may include, for example, AvantLink, FlexOffers, Refersion, and Awin, and direct brand programs). When you click an outbound product link and make a purchase, we may receive a commission at no additional cost to you. Affiliate relationships do not determine our editorial recommendations, but you should assume that any outbound retailer link on the Service is an affiliate link. This disclosure is made in accordance with the U.S. Federal Trade Commission’s Endorsement Guides (16 C.F.R. Part 255).

5. Accounts

Some features (such as Kitch IQ Pro Pass and Annual subscriptions, and saving Rallywise progress to your account) require an account. You agree to provide accurate information, to keep your credentials confidential, and to notify us promptly at privacy@pickleswaps.com of any unauthorized use. You are responsible for activity that occurs under your account. We may suspend or terminate accounts that violate these Terms.

6. Purchases, Subscriptions, Automatic Renewal, and Cancellation

6.1 Pricing and Payment

Prices for Kitch IQ products are stated at checkout. Payments are processed by Stripe; we do not store full payment card numbers. Applicable taxes may be added where required.

6.2 Automatic Renewal (Pro Pass and Annual Subscriptions)

If you purchase a subscription, it will automatically renew at the end of each subscription period at the then-current price, and the payment method on file will be charged, unless you cancel before the renewal date. Before you complete a subscription purchase, the renewal terms, the amount to be charged, the renewal frequency, and the cancellation method will be presented clearly and you must affirmatively consent to them. We will send a renewal reminder where required by law.

6.3 Cancellation

You may cancel a subscription at any time, effective at the end of the current billing period, either (a) online from your account dashboard at /kitch-iq/account through a cancellation flow that is at least as easy to use as the signup flow, or (b) by emailing privacy@pickleswaps.com from the email address on the account. Cancellation stops future renewal charges; it does not retroactively refund the current period except as stated in Section 6.4 or required by law.

6.4 Refunds

One-time Kitch IQ analyses are delivered as digital goods. If we fail to deliver your analysis, or the analysis fails to process due to a fault in our systems, we will re-run it or refund the purchase. Otherwise, except where required by law, purchases are non-refundable once the analysis has been delivered. Nothing in this section limits non-waivable consumer rights in your jurisdiction.

6.5 Rallywise Access

• Free play. Some Rallywise content can be played free, without an account or a purchase: currently the beginner levels, the daily Pickle’s Challenge, game situations shared by coaches or friends, and the first session of each paid level. We may change what free play includes at any time.
• Included with Kitch IQ subscriptions. Full Rallywise access is included, at no extra charge, with an active Kitch IQ Pro Pass or Annual subscription, and your rounds may be shaped by your Kitch IQ reports. Rallywise access that comes with a subscription ends when the subscription ends (Section 6.3); your saved progress stays visible to you and is kept as described in the Privacy Policy.
• Included with a single analysis. A one-time Kitch IQ analysis includes Rallywise rounds while the report processes and one round built from that report.
• Refunds and incomplete reports. If a purchase is refunded, or a report cannot be completed and you are not charged, the Rallywise access that came with it ends.
• No separate charge on pickleswaps.com. We do not currently sell Rallywise on its own on pickleswaps.com. If we offer Rallywise as a separate purchase or subscription (for example, through an app store), its price and terms will be shown before you buy, and that store’s terms will also apply to the purchase.
• Game items. Levels, skill progress, badges, and challenge counts are features of the game. They have no cash value, cannot be sold or transferred, and are not a credential of any kind.

7. Your Content; License to PickleSwaps

7.1 You Keep Your Rights

When you upload a video to Kitch IQ, or point us at a public file URL, you keep all rights to that footage. We do not claim ownership of your video, your analysis, or the descriptive fields you provide.

7.2 Default License (Service Delivery)

You grant us a limited, non-exclusive, worldwide, royalty-free, time-bound license to do exactly what is needed to deliver the product: ingest the video, extract keyframes and body-position (pose) data, send relevant content to Google’s Gemini API, generate the coaching text and annotated screenshots, and store the analysis package long enough for you to access it. By default, that license ends — and the underlying data is permanently deleted — at the 90-day mark described in the Privacy Policy, unless you ask us to delete it sooner.

7.3 Optional Extension — Kitch IQ Training Program

If you also separately opt in to the Kitch IQ training program at checkout or from your account dashboard, you additionally grant us a non-exclusive, revocable license to retain a copy of your uploaded video and derived analysis for up to two years from your upload date, for the sole purpose of training, evaluating, and improving Kitch IQ analysis models. The full terms of that participation, including the consent it constitutes for body-position data and the withdrawal mechanism, are in Section 9 of the Privacy Policy. You can revoke this extension at any time without affecting any other aspect of the Service.

Whether or not you opt in to the training program, we do not share your uploads with third parties beyond the sub-processors described in the Privacy Policy, and we never sell your footage.

7.4 Your Representations About Uploaded Footage

Because your video may show people other than you, you represent and warrant that, for each video you upload:

• You own the footage or have all rights, permissions, and consents necessary to upload it and to grant the licenses in this Section 7;
• You have obtained any consent required from identifiable individuals appearing in the footage for its upload and automated analysis, including, for any identifiable minor, the consent of the minor’s parent or legal guardian;
• You will not designate for the Kitch IQ training program any video in which an identifiable minor is a primary subject of the footage;
• The footage was lawfully recorded (for example, not in violation of recording laws or facility rules) and does not infringe any third party’s rights.

If a person appearing in a video you uploaded asks us to remove footage of them, we may delete the video and associated data, and where the video was your purchase, re-delivery or refund is at our reasonable discretion.

7.5 Feedback

If you submit feedback, reviews, suggestions, or ideas, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without compensation or attribution. Do not include personal information of others in feedback.

8. AI Outputs

Kitch IQ analyses and paddle-selector results ("Outputs") are generated by automated systems. As between you and PickleSwaps, you may use Outputs delivered to you for your personal, non-commercial purposes. Outputs may be similar to outputs delivered to other users, and we make no representation that Outputs are unique, accurate, or complete. You agree not to represent Outputs as human-generated professional advice.

9. Acceptable Use

You agree not to:

• Upload content that is unlawful, infringing, or that you lack rights to upload, including footage captured in violation of another person’s privacy;
• Upload video that contains nudity, sexual content, violence unrelated to sport, or any content depicting a minor other than ordinary recreational pickleball play uploaded consistent with Section 7.4;
• Probe, scrape, reverse-engineer, or interfere with the Service, circumvent rate limits or paywalls, or use automated means to extract our catalog, content, or Outputs at scale;
• Use the Service to build or train a competing product or model, except as permitted by law;
• Misrepresent your identity, impersonate others, or submit another person’s personal information without authority;
• Resell the Service or Outputs without our written permission.

We may remove content, refuse processing of any upload, and suspend or terminate access for violations of this Section.

10. Intellectual Property

The Service — including site content, the paddle catalog and database, software, design, trademarks, and the structure and presentation of analyses, but excluding your uploaded content and third-party trademarks — is owned by PickleSwaps or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-transferable license to access and use the Service for personal, non-commercial purposes. Product names and brand marks of paddle manufacturers belong to their respective owners; their appearance on the Service does not imply endorsement.

11. Copyright Complaints (DMCA)

We respect intellectual-property rights and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to our designated agent: PickleSwaps LLC, c/o privacy@pickleswaps.com, 12 Pointe View Pl, South San Francisco, CA 94080. Your notice must identify the copyrighted work, identify the allegedly infringing material with enough detail for us to locate it, include your contact information, statements of good-faith belief and accuracy under penalty of perjury, and your physical or electronic signature. We will respond to valid notices, may remove or disable access to the identified material, and will terminate the accounts of repeat infringers in appropriate circumstances. If your content was removed and you believe that removal was a mistake, you may submit a counter-notice complying with 17 U.S.C. § 512(g).

12. Third-Party Links and Retailers

The Service links to third-party retailers, affiliate networks, and other websites. We do not control them and are not responsible for their content, products, prices, availability, shipping, returns, or privacy practices. Your purchase from a linked retailer is a transaction solely between you and that retailer. Links do not constitute endorsement.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT RECOMMENDATIONS OR ANALYSES ARE CORRECT, COMPLETE, OR SUITABLE FOR YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT CASE, ANY NON-EXCLUDABLE WARRANTY IS LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY LAW.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) PICKLESWAPS AND ITS OWNERS, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, AND DO NOT LIMIT YOUR NON-WAIVABLE STATUTORY RIGHTS. THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND PICKLESWAPS AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Indemnification

You will defend, indemnify, and hold harmless PickleSwaps and its owners, officers, employees, and contractors from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) content you upload, including claims by persons appearing in your footage; (b) your breach of these Terms, including the representations in Section 7.4; or (c) your violation of law or third-party rights. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate.

16. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. YOU MAY OPT OUT WITHIN 30 DAYS — SEE SECTION 16.7.

16.1 Informal Resolution First

Before filing any claim, you and we agree to try to resolve the dispute informally. The party raising the dispute must send a written notice describing the dispute and the relief sought (for you: to privacy@pickleswaps.com; for us: to your account email). The parties will negotiate in good faith for 60 days from the notice. Most disputes resolve at this stage. Completing this process is a condition precedent to starting arbitration or a small-claims case.

16.2 Binding Arbitration

Except as provided in Sections 16.3 and 16.4, any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted in English, by videoconference, by document submission, or, if an in-person hearing is required, in the county where you reside (or another mutually agreed location). Each party bears its own attorneys’ fees except where the applicable rules or law provide otherwise; arbitration fees are allocated under the AAA Consumer Arbitration Rules, under which the consumer’s filing fee is capped and we pay the remaining administrative and arbitrator costs. The arbitrator may award the same individual relief a court could award.

16.3 Exceptions

Either party may (a) bring an individual claim in small-claims court in the county where you reside (or San Mateo County, California) if it qualifies, and (b) seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service.

16.4 Public Injunctive Relief

To the extent California law applies and a claim for public injunctive relief cannot be waived or compelled to arbitration, the parties agree that any such claim for public injunctive relief will be decided by a court after arbitration of all arbitrable claims, and the arbitration of those claims will proceed first.

16.5 Class Action Waiver

YOU AND PICKLESWAPS EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION, except that this waiver does not apply to claims for public injunctive relief described in Section 16.4. The arbitrator may not consolidate claims of more than one person. If a court finds this class waiver unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, not in class-wide arbitration, and the remainder of this Section 16 remains in effect.

16.6 Mass Arbitration Protocol

If 25 or more demands for arbitration are filed against PickleSwaps raising similar claims and coordinated by the same or related counsel, the parties agree the demands will be resolved in staged proceedings: 10 demands selected (5 by each side) will proceed first as bellwether arbitrations; the remaining demands will be tolled and, following the bellwether awards, the parties will mediate the remainder for 90 days before further demands may proceed. This subsection does not deprive any claimant of substantive rights; it sequences proceedings.

16.7 Your Right to Opt Out

You may opt out of this arbitration agreement and class waiver by emailing privacy@pickleswaps.com with the subject line "Arbitration Opt-Out," your name, and the email address associated with your account or purchase, within 30 days of first accepting these Terms (or of any update that materially changes this Section). Opting out does not affect any other part of these Terms.

16.8 Severability and Survival

Except as stated in Section 16.5, if any part of this Section 16 is found unenforceable, the remainder remains in effect. This Section survives termination of these Terms.

17. Governing Law and Venue

These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 16. For any claim not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in San Mateo County, California, except for small-claims matters under Section 16.3. If you are a consumer resident in a jurisdiction whose law grants you non-waivable protections or a non-waivable forum, nothing in this Section deprives you of them.

18. Changes; Termination

We may update the Service and these Terms. If we make a material change to these Terms, we will post the updated Terms with a new "Last updated" date and, for changes that materially affect active Kitch IQ customers or subscribers, provide notice by email before the change takes effect for them. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service and, if you have a subscription, cancel it. Material changes do not apply retroactively to data or purchases governed by commitments in effect at the time of upload or purchase, except as required by law or with your consent.

You may stop using the Service at any time. We may suspend or terminate access for breach of these Terms, legal risk, or discontinuation of the Service; Sections 7.5 and 10 through 19 survive termination, and your data is handled per the Privacy Policy.

19. General

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in effect. Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. No waiver. Failure to enforce a provision is not a waiver. Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, with notice and without weakening privacy commitments then in effect. Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control. Electronic communications. You consent to receive notices and transaction records electronically at your account email. Marketplace. Any future user-to-user paddle marketplace is not part of the Service and will be governed by separate or amended terms published before it launches. Contact. PickleSwaps LLC — privacy@pickleswaps.com — 12 Pointe View Pl, South San Francisco, CA 94080.