Terms of Use

1. Who these terms are with

Stand & Swing (the "App") is published by Separator Brook LLC, a New York limited liability company ("we", "us"). By downloading or using the App you agree to these Terms of Use. If you do not agree, do not use it.

2. What the App is — and what it is not

The App is a personal scorekeeping and practice-analysis tool for the clay target sports. It records what you tell it, arranges those records according to the published formats of the sport, and calculates statistics from them.

The App is not:

• an official scorer, official record, or substitute for the scorecard kept by your club, your referee or your scorer;
• a source of official averages, classifications, yardage or registered scores for the ATA, NSSA, NSCA, ISSF, PITA or any other association;
• a rules authority, a rulebook, or a substitute for reading one;
• instruction in shooting, gun handling, or firearms safety.

Where a score, an average, a classification or a rule matters — a competition, a registered event, a dispute, a yardage punch, a prize — the official record is the one kept by the governing body or the club, not the one on your phone.

3. No affiliation with governing bodies

Separator Brook LLC is not affiliated with, endorsed by, sponsored by or approved by the Amateur Trapshooting Association, the National Skeet Shooting Association, the National Sporting Clays Association, the National Rifle Association, the International Shooting Sport Federation, the Pacific International Trapshooting Association, or any club, range or association. Where the App refers to the rules or formats of those organizations, it does so descriptively, to score the games their members play. Their names and marks belong to them.

4. Accuracy — read this one

We work hard to follow the published rules of each discipline, and we correct mistakes when they are reported. We do not warrant that the App is free of errors, that its calculations are correct, that its interpretation of any rule is correct, or that it reflects the current edition of any rulebook. Rules change. Clubs vary. Software has bugs.

You are responsible for verifying anything you rely on. Do not use the App as the sole basis for a score, an average, a classification, an entry, a wager, a purchase, a dispute or any other decision that matters to you or to anyone else. If a number from the App disagrees with the club's card, the club's card wins.

5. Firearms and safety

Shooting is your responsibility, entirely and at all times. The App provides no instruction, supervision or safety guidance, and nothing in it should be treated as any of those. Follow the rules of firearm safety, the rules of your range, the instructions of range officers, and all applicable law.

Do not operate a phone or a watch while handling a loaded firearm, while a gun is open on a rack, or at any moment when your attention belongs on the line. Score between birds and between stations, never instead of paying attention. We are not responsible for injury, damage or loss arising from your use of a device on a shooting field.

6. Your data

Your rounds are stored on your own device — see the Privacy Policy. That means they are yours, and it also means keeping them is up to you. We do not hold a copy and cannot recover your data if your device is lost, damaged, reset, or if the App is deleted. Export your history regularly if it matters to you.

7. Licence

We grant you a personal, non-transferable, non-exclusive licence to use the App on Apple devices you own or control, as permitted by the App Store Terms of Service. You may not copy, redistribute, sell, rent, reverse engineer or attempt to derive the source code of the App, except to the extent that restriction is prohibited by applicable law.

Unless we provide a different end user licence agreement, Apple's standard Licensed Application End User License Agreement applies to your licence of the App in addition to these terms. Where the two conflict on a point Apple's agreement governs, those terms control.

8. Purchases and refunds

The App is free to use for a set number of scored rounds, complete and unrestricted. Continued use beyond that requires a one-time in-app purchase. Prices are shown in the App and may change; a change never revokes a purchase you have already made.

All purchases are made through Apple, and refunds are handled by Apple under the App Store Terms of Service — we cannot issue them. We may change, suspend or discontinue features, or stop supporting older devices or operating system versions, as platforms move on.

9. Apple's role

Apple is not a party to these terms and has no responsibility for the App or its content. Apple has no obligation to furnish maintenance or support for the App, and no warranty obligation whatsoever with respect to it. Apple is not responsible for addressing any claim you or a third party may have relating to the App. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

10. No warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the App will be uninterrupted, error-free, or compatible with any particular device.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEPARATOR BROOK LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, SCORES, RECORDS, PROFITS, PRIZES, STANDING OR OPPORTUNITY, ARISING FROM OR RELATING TO THE APP OR THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) TWENTY-FIVE US DOLLARS.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

12. Acceptable use

Use the App lawfully. Do not use it to misrepresent a score to a club, an association, a competitor or a buyer, and do not present its output as an official record. If you record another shooter's scores as a guest on your squad, it is on you to have their agreement to do so.

13. Changes to these terms

We may update these terms. The date at the top says when they were last changed, and the current version always lives at this address. Material changes will be described here rather than folded silently into a paragraph. Continuing to use the App after a change means you accept it.

14. Governing law

These terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. Any dispute will be brought in the state or federal courts located in Suffolk County, New York, and you and we consent to the jurisdiction of those courts — except that either of us may bring a claim in small claims court.

15. Contact

Separator Brook LLC
Suffolk County, New York, USA
support@standandswing.com