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Terms & Conditions

Last Updated: November 15, 2025

1. Introduction and Acceptance of Terms

These Terms and Conditions of Use (“Terms”) govern your access to and use of the SWISH FORCE® services, provided by Martim Miguel Pinheiro Benedito (Sole Proprietor, “we,” “us,” “our”).

Our services are divided into:

  • The swishforce.com website (“Website”).
  • The SWISH FORCE® Scoreboard mobile application (“Scoreboard App”).
  • The forthcoming SWISH FORCE® Statistics application (“Statistics App”).

Age Requirement:

  • You must be at least 13 years old to use our Services. If you are under 18 (or the age of majority in your jurisdiction), you affirm that you have obtained parental or guardian consent to download the App, create an account, and purchase any PRO Subscriptions.

Service Provider:

  • Legal Entity: Martim Miguel Pinheiro Benedito
  • Brand: SWISH FORCE®
  • Address: Rua Manuel Ferreira 27, 2º Esq, 2795-229 Linda-a-Velha, Portugal
  • Contact: support@swishforce.com

By accessing, downloading, or using our Website or Apps, you (“User”) agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

2. General Provisions (Applicable to All Services)

The following sections apply universally to the Website and all Apps: **Section 7 (Intellectual Property)**, **Section 8 (Disclaimer of Warranties)**, **Section 9 (Limitation of Liability)**, **Section 10 (Indemnification)**, **Section 11 (Governing Law)**, and **Section 12 (Changes to Terms)**.

3. Part A: Terms for swishforce.com Website

Your use of the Website is subject to these general terms.

  • Content: All content provided on the Website is for informational purposes only. We make no representations as to the accuracy or completeness of any information on this site.
  • Acceptable Use: You agree not to use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, fraudulent, or harmful.

4. Part B: Terms for SWISH FORCE® Scoreboard App

This section governs the use of the Scoreboard App.

User Accounts and Security:

  • Use of the App’s basic features does not require an account. To access PRO Features, you must create an account inside the app after selecting your montly or anual subscription plan.
  • You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

PRO Subscriptions and Payments:

  • PRO Subscriptions are managed and billed through the Apple App Store or the Google Play Store (“App Stores”).
  • Payment will be charged to your App Store account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off in your App Store account settings at least 24 hours before the end of the current period.
  • We do not process or store your payment data. All transactions are controlled by the App Stores.

5. Specific Disclaimer: PRO Streaming Feature (Scoreboard App)

The PRO Streaming Feature provides the User with a unique, alphanumeric “Game Code”. This code allows the scoreboard data from the User’s mobile device to be “mirrored” (broadcast) in real-time.

This broadcast is accessed by entering the generated Game Code into the web portal **`scoreboard.swishforce.com`** on a secondary device (such as a Smart TV, computer, or tablet) that has a web browser and an active internet connection.

The User acknowledges, understands, and explicitly agrees that:

  • Dependency on User’s Environment: The quality, stability, and latency of the stream are **entirely dependent** on factors outside our control. This includes, but is not limited to, the quality, speed, and reliability of your Internet connection (Wi-Fi or mobile data) and the compatibility and performance of the receiving device’s web browser.
  • User’s Responsibility to Test: It is the User’s sole responsibility to **test the streaming feature in their specific environment (e.g., the gym or arena) BEFORE a live or official game begins**. This includes verifying their internet connection and ensuring their secondary device can successfully load the `scoreboard.swishforce.com` portal.
  • Uptime of Portal: We will use commercially reasonable efforts to ensure the `scoreboard.swishforce.com` web portal is operational. However, we do not guarantee 100% uptime and are not liable for temporary outages.
  • No Refunds for Environmental Failures: We will not provide refunds for PRO subscriptions due to the streaming feature failing to work if the failure is related to the User’s network environment, hardware, internet connection, or browser limitations, as defined above.

6. Part C: Terms for SWISH FORCE® Statistics App (Forthcoming)

The SWISH FORCE® Statistics application is currently in development and scheduled for a future release.

Upon its launch, these Terms will be updated to include specific provisions governing its use, which may include terms related to cloud data synchronization, advanced analytics, and data sharing between the Scoreboard and Statistics Apps.

7. Intellectual Property and Acceptable Use (All Services)

All software, code, design, logos, and the SWISH FORCE® trademark are the exclusive property of Martim Miguel Pinheiro Benedito. The SWISH FORCE® brand is a registered trademark in Portugal under Marca Nacional n.º 740594.

We grant you a limited, non-exclusive, revocable license to use the App for your personal or organizational use, in accordance with these Terms.

The User agrees **not** to:

  • Reverse engineer, decompile, or attempt to extract the source code of the App.
  • Sell, rent, lease, or sublicense the App or the PRO Features.
  • Use the App or Website for any illegal purpose or in violation of any third-party rights.

8. DISCLAIMER OF WARRANTIES (All Services)

This is the most important liability section.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SPECIFICALLY, BUT NOT LIMITED TO, WE DISCLAIM ALL LIABILITY FOR:

  • LOCAL DATA LOSS (App): The App stores data on your device. We are not liable for any loss, corruption, or deletion of data (e.g., saved games) resulting from device failure, app uninstallation, or user error. The User is solely responsible for backing up their data.
  • ACCURACY (App): The App is an aid. We do not guarantee that the score or timekeeping will be 100% error-free (e.g., user operation error). The App should not be the sole source of truth for critical game decisions.
  • OFFICIAL USE (App): The App is not certified by any official basketball federation (e.g., FIBA). We are not responsible for any disputes, penalties, or financial losses (including, but not limited to, wagers or tournament prizes) based on the use of our App as an official scoreboard.

9. LIMITATION OF LIABILITY (All Services)

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE PROVIDER (MARTIM MIGUEL PINHEIRO BENEDITO) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APP OR WEBSITE.

Our total aggregate liability for any claim arising from these Terms shall not exceed the total amount paid by you for the PRO subscription in the preceding twelve (12) months.

10. Indemnification (All Services)

The User agrees to defend, indemnify, and hold harmless Martim Miguel Pinheiro Benedito from and against any and all claims, damages, obligations, and expenses (including attorneys’ fees) arising from your misuse of the Services or your violation of these Terms.

11. Governing Law and Jurisdiction (All Services)

These Terms shall be governed and construed in accordance with the laws of Portugal. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the district of Lisbon, Portugal.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. We will post the changes on this page and, if significant, provide a more prominent notice (such as an in-App notification). Continued use of the Services after such changes constitutes your acceptance of the new Terms.

13. Contact Information

For any questions regarding these Terms, please contact: support@swishforce.com.

Last Updated: November 15, 2025