1.1 Who we are
DE-SHANK Golf Swing Coach (“DESHANK“, “we“, “us“, “our“) is a trading name of Whizzly Ltd, a company registered in England and Wales with company number 17380895, whose registered office is at Starkie Chambers, Lancaster Road, Preston, Lancashire, PR1 1DA. You can contact us at hello@deshank.com.
These terms apply to the DESHANK website at deshank.com (including deshank.co.uk, which redirects to it) and the DESHANK web app (including when you install it to your home screen as a progressive web app) (together, the “Service“).
1.2 Accepting these terms
By using the Service you agree to these terms. If you do not agree, please do not use the Service. Please also read our Privacy Policy, Cookie and Local Storage Policy and Health, Safety and Sports Disclaimer, which form part of these terms.
The Service is available by paid subscription, and new users can try it free for 14 days without giving payment details (see section 2). You must be 18 or over to start a trial or subscription. Golfers aged 13 to 17 may use the Service under a parent’s or guardian’s subscription, with their permission. If you are under 18, please make sure your parent or guardian has read these terms and the Health, Safety and Sports Disclaimer with you. Children under 13 may use the Service only with, and under the supervision of, a parent or guardian.
1.3 What the Service does
DESHANK uses your phone’s or laptop’s camera to watch your golf swing and give you feedback. In summary:
- Body tracking runs entirely on your device using on-device pose-detection technology (MediaPipe). Your camera video and body-position data are not uploaded to us or stored by us.
- The Service measures tempo, head movement, hip sway and posture change, and gives each a score between 30 and 100.
- Swing speed is shown only as a percentage compared with your own average – it is not a measured club-head or ball speed.
- Shoulder and hip turn are shown as rough estimates only and are not scored.
- Where lighting is poor or you are not well framed in the camera, results may be flagged as low confidence.
- Voice guidance uses pre-recorded voices served from our own website.
- Voice commands are optional. The microphone is never used before you tap the mic. One tap starts a voice session, during which the microphone stays on continuously – including between shots – so you can say “record” before each shot. A listening indicator is shown while the microphone is on. The session ends when you say “stop listening”, tap the mic again, lock your screen or leave the page, or after about 5 minutes without a recognised command. Only the app’s commands do anything, and speech text is never logged. While a session is active, your browser’s own speech service processes the audio – this may mean it is sent to Google (for example Chrome and Android) or Apple (for example iPhone and Safari), including any other voices the microphone picks up. See our Privacy Policy. Everything can be done with on-screen buttons instead.
- After the first load, tracking, scoring and voice guidance can work offline. Voice commands may need an internet connection, depending on your browser.
- Player profiles and swing history are stored in your browser on your device, not by us.
1.4 Accuracy and the nature of the feedback
The Service gives general, automated feedback for practice and entertainment. Please understand that:
- its measurements are estimates produced by camera-based software and have not been validated against launch monitors, motion-capture systems or other professional measuring equipment;
- results can be affected by your camera, lighting, clothing, background, camera angle and distance, and device performance;
- it is not professional golf instruction, and it is not medical, physiotherapy or fitness advice; and
- you should use your own judgement, and seek advice from a qualified golf professional or health professional where appropriate.
1.5 Your licence to use the Service
While your free trial or subscription is active, we grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial purposes, in line with these terms. Members of your household may use it under your subscription as set out in section 2.1. You must not share your account login outside your household or resell access. The licence does not cover commercial coaching use. We are building a partner programme for coaches and golf professionals (coming soon). Separate partner terms will apply when it opens.
1.6 Acceptable use
You agree not to:
- use the Service in any way that is unlawful or fraudulent, or that harms or could harm anyone;
- film or analyse other people without their knowledge and permission (and, for anyone under 18, the permission of their parent or guardian);
- copy, modify, reverse-engineer, decompile or disassemble the Service, except to the extent the law allows you to do so and this cannot be excluded;
- remove or alter any copyright, trade mark or other notices;
- use bots, scrapers or automated tools to access or copy the Service or its content;
- try to gain unauthorised access to the Service, our servers or any connected systems, or introduce viruses or other harmful code;
- resell, sublicense, rent or commercially exploit the Service or its voices, audio, text or design without our written permission; or
- use the Service while driving, or in any setting where it would distract you from your own or others’ safety.
1.7 Intellectual property
The Service, including its software, design, text, graphics, logos, scoring methods and audio (including the pre-recorded voice guidance), is owned by or licensed to Whizzly Ltd and is protected by intellectual property laws. Except for the licence in section 1.5, nothing in these terms gives you any rights in it.
Voice audio is created using third-party voice technology under licence. You must not extract, copy, redistribute or reuse it.
“DESHANK” and the DESHANK logo are trading names and branding used by Whizzly Ltd. [If and when registered: “DESHANK is a registered trade mark of Whizzly Ltd (UK trade mark no. [NUMBER]).”]
Any swing reports or history you create stay on your device and are yours to use for personal purposes.
1.8 Your device and your data
Your subscriber account (see section 2.1) holds only what is needed to manage your subscription. Your swing data does not go into it. Because the Service stores your profiles and history in your browser:
- you are responsible for your device and for backing up anything you want to keep;
- clearing your browser data, using private/incognito mode, changing browser or device, or uninstalling the web app may permanently delete your profiles and history; and
- you can delete data at any time using Delete player or Clear history in the Service, or by clearing your browser’s site data.
When you choose to email a report, the Service opens your own email app with the report filled in. The email is sent by you, from your account, through your email provider. We do not send it and do not receive a copy unless you send it to us.
1.9 Availability and changes
We may update the Service, for example to fix problems, improve features or for legal reasons. Section 2.11 explains what happens to your subscription if we make significant changes or withdraw the Service, and how you will be refunded. We will give reasonable notice of significant changes where we can. We do not promise that the Service will always be available, error-free or compatible with every device or browser.
1.10 Third-party platforms and links
The Service runs in your web browser and relies on your device’s operating system and browser. Your use of those is governed by their providers’ own terms. This includes the speech recognition service your browser uses for voice commands, which Google or Apple (depending on your browser and device) provides under its own terms and privacy policy, not on our behalf. Payments are processed by Stripe, which may also apply its own terms to the payment (see section 2.1). Our website may contain links to third-party websites; we are not responsible for their content or practices.
1.11 Our liability to you
Nothing in these terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- anything else that cannot be excluded or limited by law, including your rights as a consumer under the Consumer Rights Act 2015 (where they apply).
Subject to that:
- The Service is provided for domestic and private use. We are not liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
- We are only responsible for loss or damage that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time you started using the Service, both we and you knew it might happen.
- We are not responsible for loss or damage caused by your own actions or choices, including how and where you practise, how you position your device, and any decision you make based on the feedback, as explained in our Health, Safety and Sports Disclaimer. This does not limit our liability for our own negligence causing death or personal injury.
- If defective digital content that we supply damages a device or other digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you fair compensation. We are not liable for damage you could have avoided by following our advice to apply an update offered to you free of charge, or by meeting the minimum system requirements we tell you about.
- To the extent the law allows, our total liability to you for any other loss arising out of or in connection with the Service is limited to the greater of £[100] and the total subscription fees you paid in the 12 months before the event giving rise to the claim. This does not affect your right to a refund or other remedy under section 2 or the Consumer Rights Act 2015. [SOLICITOR TO CONFIRM CAP AND WORDING.]
1.12 Ending your use
You can close your trial account or cancel your subscription at any time, as explained in section 2.5, and delete your data as described in section 1.8. We may suspend or end your access if you seriously or repeatedly break these terms (see section 2.11).
1.13 Changes to these terms
We may update these terms from time to time. We will post the new version on this page with a new “last updated” date and, for significant changes, show a notice in the Service. If you continue using the Service after the change takes effect, the updated terms will apply. If a change significantly affects your subscription, we will email you at least [30] days in advance, and you may cancel before it takes effect. Price changes are covered by section 2.8.
1.14 General
- Complaints and contact: please contact us first at hello@deshank.com and we will try to resolve any problem.
- Transfer: we may transfer our rights and obligations under these terms to another organisation. We will tell you if this affects you and make sure it does not reduce your rights.
- No third-party rights: nobody else has any rights under these terms.
- Severability: if a court decides any part of these terms is unlawful, the rest will continue in effect.
- No waiver: if we delay enforcing these terms, we can still enforce them later.
- Law and courts: these terms are governed by the law of England and Wales. You can bring legal proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you can also bring proceedings in your local courts and the mandatory consumer laws of your home nation will continue to apply.