1. Agreement to terms
These Terms of Service ("Terms") govern your access to and use of the SwipeVision website (swipevision.net) and any services provided by SwipeVision LLC ("SwipeVision," "we," "our," or "us").
By using our website or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our website or services.
2. Our services
SwipeVision provides content positioning and marketing strategy services for baseball academies. Services may include:
- Premium co-branded program materials (development plans, evaluation guides, frameworks)
- Monthly content strategy and playbooks
- Members-only access to professional sports memorabilia, where applicable
- Strategy calls and ongoing partnership support
The specific scope of services provided to each client is confirmed in writing through a separate engagement agreement or email exchange.
3. The 14-day trial
SwipeVision offers a 14-day trial to qualified academies. During the trial:
- No payment information is required
- No contract is signed
- We will produce your first co-branded program within the first 7 days of the trial
- You may use that program in your business however you choose
- After 14 days, you decide whether to continue as a paid partner
- If you do not continue, the program produced for you during the trial remains yours to keep
Eligibility for the trial is at our sole discretion. We may decline to offer or terminate the trial for any academy at any time.
4. Ongoing partnership
If you choose to continue after the trial, you enter into a month-to-month partnership with SwipeVision. You may cancel at any time with reasonable written notice. Specific pricing, deliverables, billing terms, and cancellation procedures will be confirmed in your engagement agreement or invoice terms.
5. Intellectual property
Your content
You retain all rights to your existing brand, logo, business name, athletes' likenesses, facility imagery, and any materials you provide to us. By providing such materials, you grant SwipeVision a limited license to use them solely for the purpose of producing your deliverables.
Our content
Materials produced as part of your engagement (programs, playbooks, content strategies, frameworks) are co-branded and licensed to you for use in promoting your academy. The underlying templates, methodologies, frameworks, and proprietary systems remain the intellectual property of SwipeVision.
Co-branded programs
Once a co-branded program is produced and delivered to you, it is yours to use indefinitely in promoting your academy — even if our partnership ends. You may not, however, resell, sublicense, or redistribute these materials to other academies, franchises, or competitors.
Restrictions
- You may not reverse-engineer, copy, or replicate SwipeVision's proprietary playbooks, methodologies, or strategy frameworks for use outside of your academy.
- You may not share access to SwipeVision deliverables with third parties without our written consent.
6. Your responsibilities
You are solely responsible for your business, your published content, your compliance with applicable laws and platform terms, and your use of any materials, strategies, or recommendations provided by SwipeVision. Without limiting the generality of the foregoing, you agree to:
- Provide accurate information about your academy
- Obtain all necessary consents from athletes, coaches, staff, and (where applicable) parents or guardians of minor athletes before sharing any content featuring them
- Not misrepresent yourself, your academy, or your relationship with SwipeVision
- Comply with all applicable laws, including the terms of service of Instagram, Facebook, TikTok, YouTube, and any other platforms where you publish content
- Pay any invoices owed in a timely manner once the trial has ended and a partnership has begun
7. Results disclaimer
Case study results displayed on our website — including those attributed to DBAT St. Augustine — represent the outcomes of one specific academy under specific conditions during a specific time period.
Individual results vary. SwipeVision does not guarantee any specific follower count, view count, reach, engagement rate, lead volume, or revenue outcome. Success depends on many factors including but not limited to: your existing brand strength, the quality and consistency of your content execution, your market dynamics, competition, social media platform algorithms (which change frequently), and your team's commitment to the strategy.
You acknowledge that you are not relying on any specific result, projection, testimonial, or representation in deciding to engage SwipeVision, and you assume all risk that your results may differ from those of any case study, example, or client referenced on our website or in our communications.
8. Payment, billing, and refunds
The 14-day trial is free of charge. There is nothing to refund during the trial period.
Pricing for the ongoing partnership is communicated during the strategy call and confirmed in your engagement agreement. Payment terms (billing frequency, payment method, late fees, and refund eligibility, if any) will be specified in that agreement.
Unless otherwise agreed in writing, fees are non-refundable once a billing period has begun.
9. Confidentiality
Both parties agree to keep confidential any non-public business information shared during the engagement, including but not limited to financial information, customer lists, internal processes, unreleased materials, and strategic plans. This obligation survives termination of the partnership.
10. Assumption of risk and limitation of liability
You assume all risk. By engaging SwipeVision, you acknowledge and agree that you alone bear full responsibility for your business decisions, your published content, your compliance with platform rules and applicable laws, your use of athletes' likenesses, and any outcomes — favorable or unfavorable — resulting from your application of our strategies, materials, or recommendations. SwipeVision provides guidance and deliverables; you decide whether, when, and how to use them, and you accept all consequences of those decisions.
To the maximum extent permitted by applicable law:
- The Services and all deliverables are provided strictly on an "as is" and "as available" basis, with no warranties of any kind, whether express, implied, statutory, or otherwise — including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or any specific business, marketing, or financial outcome.
- SwipeVision, together with its owners, employees, contractors, and affiliates, shall not be liable to you or to any third party for any damages of any kind — whether direct, indirect, incidental, consequential, special, exemplary, or punitive — including but not limited to lost profits, lost revenue, lost enrollments, lost data, lost goodwill, lost business opportunities, reputational harm, platform penalties, or any other loss arising from or related to your use of, reliance on, or inability to use our services or deliverables.
- SwipeVision's total cumulative liability for any and all claims arising from or related to these Terms or the Services shall not exceed the total fees actually paid by you to SwipeVision under these Terms during the three (3) months immediately preceding the event giving rise to the claim.
- These limitations apply regardless of the legal theory on which any claim is based — whether contract, tort, negligence, strict liability, statute, or otherwise — and apply even if SwipeVision has been advised of the possibility of such damages.
- You agree that the limitations in this section are an essential basis of the bargain between you and SwipeVision, and that our Services would not be offered to you on these terms without them.
- If applicable law does not allow the exclusion or limitation of certain damages or liability, SwipeVision's liability shall be limited to the smallest amount permitted by that law.
11. Indemnification
You agree to indemnify, defend, and hold harmless SwipeVision and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your misuse of our services or deliverables
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights, privacy rights, athlete likeness rights, or platform terms of service
- Content you provide to us or publish using our deliverables
12. Termination
- You may terminate the partnership at any time with reasonable written notice
- We may terminate or suspend service if you materially breach these Terms, fail to pay, or behave in a manner harmful to our business, our other clients, or our reputation
- On termination, you retain ownership of materials already produced; outstanding invoices remain due; confidentiality obligations survive
13. Governing law and disputes
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Florida.
Both parties agree to first attempt resolution in good faith through direct communication before initiating any legal action.
14. Changes to these terms
We may update these Terms from time to time. The "Last updated" date at the top will reflect the most recent change. Significant changes will be communicated to active clients by email. Continued use of our services after a change constitutes acceptance of the updated Terms.
15. Entire agreement
These Terms, together with our Privacy Policy and any signed engagement agreement, constitute the entire agreement between you and SwipeVision regarding our services. They supersede any prior agreements or understandings.
16. Contact
- Online: crm.swipevision.net/book/swipevision
- Mail: SwipeVision LLC, Jacksonville, Florida, United States