Terms of Service

1. Acceptance of Terms

By accessing or using Swish Picks ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

Swish Picks is operated by Coby Wiese ("we," "us," or "our"). The Service provides sports analytics, statistical insights, and data visualization tools for NBA basketball. We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the new Terms.

2. Purpose and Scope

Analytics Only, Not Wagering: Swish Picks is a research and analytics platform. We do not facilitate, promote, or accept sports betting or wagering of any kind. All insights, scores, and predictions are provided for informational and entertainment purposes only.

No Guarantees: Player statistics, matchup grades, and all other data provided are estimates based on historical performance. Past performance does not guarantee future results. We make no warranties about the accuracy, completeness, or usefulness of any information provided.

Use at Your Own Risk: Any decisions you make based on information from Swish Picks are your own responsibility. We are not liable for any losses, damages, or consequences arising from use of the Service.

3. Age Requirement

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using Swish Picks, you represent and warrant that you meet this age requirement.

4. Intellectual Property

All content on Swish Picks, including but not limited to analytics models, algorithms, Swish Scores, matchup grades, visualizations, design, text, graphics, and software, is the property of Swish Picks or its licensors and is protected by copyright, trademark, and other intellectual property laws.

License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes only.

Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Service or its content. You may not reverse engineer, decompile, or attempt to extract source code from the Service.

5. Acceptable Use

You agree NOT to:

• Use automated tools (bots, scrapers, crawlers) to access or collect data from the Service
• Attempt to bypass rate limits, security measures, or access controls
• Resell, redistribute, or repackage data or insights from Swish Picks
• Use the Service for any illegal, fraudulent, or harmful purpose
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Upload or transmit viruses, malware, or any malicious code

Violation of these restrictions may result in immediate termination of your access to the Service and potential legal action.

6. Data Sources and Accuracy

Swish Picks aggregates publicly available data from official NBA sources, including NBA.com and ESPN. We make reasonable efforts to ensure data accuracy, but we do not guarantee that all information is current, complete, or error-free.

Statistics, injury reports, and game schedules may change without notice. We are not responsible for any decisions made based on outdated or inaccurate information.

7. User Accounts

Swish Picks now offers user accounts for authentication and subscription management. When you create an account:

• You must provide a valid email address
• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate any account that violates these Terms, without notice or liability.

Guest Access: You may use basic features of Swish Picks without creating an account. However, certain premium features require a paid subscription and user account.

8. Subscriptions and Billing

8.1 Swish Pro Subscription

Swish Picks offers a premium subscription tier called "Swish Pro" with advanced features including:

• Quick Dive instant context for every prop
• Detailed game pages and breakdowns
• Tonight's Research Brief with daily insights
• Advanced opponent defense filters and stats
• Missing teammate impact analysis
• Auto-surfaced Top Nuggets differentials

8.2 Pricing and Payment

Swish Pro costs $10 per month (USD), or local equivalent in your currency. This is a special "Founder's Price" available to early subscribers. Once you subscribe at this rate, your monthly price will remain locked at your local launch price for as long as you maintain an active subscription, even if we raise prices for new subscribers in the future.

7-Day Free Trial: New subscribers receive a 7-day free trial. A valid credit card is required to start the trial. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at your local rate.

All payments are processed securely through Stripe, our third-party payment processor. We do not store your credit card information on our servers. By subscribing, you agree to Stripe's Terms of Service and Privacy Policy.

8.3 Auto-Renewal and Billing Cycle

Your Swish Pro subscription will automatically renew at the end of each billing period (monthly) unless you cancel. You will be charged on the same day each month. Subscription fees are billed in advance.

We may change subscription pricing for new subscribers with 30 days' notice, but your locked-in Founder's Price will not change as long as you maintain continuous service.

8.4 Cancellation and Refunds

You may cancel your subscription at any time from your account settings or by contacting us at support@swishpicks.co. Upon cancellation:

• You will retain access to Swish Pro features until the end of your current billing period
• You will not be charged for subsequent billing periods
• No partial refunds are provided for unused time in the current billing period

Refund Policy: If you cancel during your 7-day free trial, you will not be charged. After the trial period, all subscription fees are non-refundable except in cases of billing errors or as required by law. If you believe you were charged in error, contact us within 30 days.

8.5 Failed Payments

If a recurring payment fails (e.g., expired card, insufficient funds), we will attempt to process the payment again. If payment fails repeatedly, your subscription may be suspended or canceled, and you will lose access to Swish Pro features. You remain responsible for any unpaid fees.

9. Free Tier and Service Changes

Swish Picks offers a free tier with access to core features including Swish Lab analysis, Swish Finder props, Streaks tracking, and the Tonight's Slate game dashboard. We reserve the right to modify, limit, or discontinue free features at any time with reasonable notice.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

To the fullest extent permitted by law, Swish Picks, its creators, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, whether in an action in contract, tort, or otherwise, arising from:

• Your use or inability to use the Service
• Any errors, inaccuracies, or omissions in the content or data
• Any unauthorized access to or alteration of your data
• Any decisions made based on information from the Service
• Any subscription billing or payment processing issues
• Any other matter relating to the Service

In no event shall our total liability exceed the amount you paid to access the Service in the past 12 months (e.g., $120 for an annual Swish Pro subscription).

11. Responsible Use and Gambling Resources

While Swish Picks does not facilitate betting, we recognize that some users may use our analytics to inform sports betting decisions. We strongly encourage responsible gambling practices.

If you or someone you know has a gambling problem, help is available:

• National Council on Problem Gambling: 1-800-522-4700
• National Problem Gambling Helpline: ncpgambling.org
• Crisis Text Line: Text "SUPPORT" to 741741

Never bet more than you can afford to lose. Sports betting should be entertainment, not a way to make money.

12. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources (e.g., NBA.com, ESPN). These are provided for convenience only. We do not endorse or assume responsibility for any third-party content, products, or services.

Payment Processing: All subscription payments are processed by Stripe, Inc., a third-party payment processor. By subscribing to Swish Pro, you agree to be bound by Stripe's Terms of Service (available at stripe.com/legal) and Stripe's Privacy Policy. We do not store your credit card information.

Your use of third-party services is governed by their respective terms and privacy policies, not ours.

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease.

If your account is terminated for violating these Terms, you will not be entitled to a refund of any subscription fees paid.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Swish Picks operates, without regard to conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. You waive your right to participate in class action lawsuits.

If arbitration is not enforceable, disputes shall be resolved in the courts of the United States, and you consent to personal jurisdiction in those courts.

15. Miscellaneous

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Swish Picks regarding use of the Service.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.