Fair Use Policy

eo SwimBETTER Video Analysis Tool Fair Use Policy

Last revised: 13 July 2023

Introduction

This Fair Use Policy ("Policy") outlines the acceptable and fair use of the eo SwimBETTER video analysis tool (“Tool”) provided by eo ("Company") in conjunction with the eo SwimBETTER swimming handsets ("Handsets"). The Tool allows users to capture, analyse, and review swimming technique and performance using video recordings paired with the data captured using the Handsets. This Policy aims to ensure that the Tool is used appropriately and responsibly by all users.

1. Purpose of the Video Analysis Tool

The video analysis Tool provided by the Company is intended to enhance swimming training by allowing users to merge their data from the Handsets with video captured by their own camera (ie. GoPro, mobile phone or similar) to analyse swimming technique, identify areas for improvement, and track progress over time. It is designed to be used as a coaching aid and performance evaluation tool.

2. Permitted Use

2.1 Personal Use: The Tool may be used for personal training purposes by individual swimmers who own or have lawful access to the Handsets. Users may record and analyse their own swimming technique and performance for self-improvement.

2.2 Coaching and Instruction: Coaches and swimming instructors may use the Tool to record, review, and analyse their students' swimming technique and performance during coaching sessions. This includes using the Tool to provide feedback, guidance, and instruction to swimmers.

2.3 Educational and Research Purposes: Educational institutions, researchers, and academic professionals may use the Tool for educational or research purposes related to swimming technique, biomechanics, or performance analysis. This includes conducting studies, publishing findings, and sharing insights within the academic community.

3. Membership Levels

3.1 Gold Membership: Subscribers to the Gold membership can upload and evaluate unlimited numbers of videos subject to each file complying with both a maximum file size of 500MB, and a maximum file length of two (2) minutes. Gold members will have unlimited access to their videos for analysis using the Tool, subject to the condition that it is used for legitimate training and technique improvement reasons and complies with this Fair Use Policy.

3.2 Silver Membership: Subscribers to the Silver membership can upload and evaluate two (2) videos per calendar month subject to each file complying with both a maximum file size of 500MB, and a maximum file length of two (2) minutes. Silver members can will have unlimited access to their videos for analysis using the Tool, subject to the condition that it is used for legitimate training and technique improvement reasons and complies with this Fair Use Policy.

4. Prohibited Use

4.1 Unauthorised Access and Sharing: Users are strictly prohibited from accessing the video analysis Tool without proper authorisation or sharing their login credentials with unauthorised individuals. Each user is responsible for maintaining the security of their account and preventing unauthorised access to the Tool and their data.

4.2 Inappropriate Content: Users must not use the Tool to capture, analyse, or share any content that is offensive, defamatory, explicit, or violates applicable laws or regulations. Users should respect the privacy and dignity of individuals involved in recorded videos and obtain necessary permissions when recording and sharing content.

4.3 Commercial Exploitation: The Tool is not intended to facilitate the re-sale of any content, or for any non-commercial use other than swimming coaching. Users may not use the Tool or its captured content for any other commercial purposes, including but not limited to advertising, promotion, or resale of the recorded videos or analysis results.

5. Data Privacy and Security

5.1 User Data: The Company seeks to protect user privacy and will handle all personal information in accordance with its privacy policy. The Tool may collect and store user data necessary for its functionality, such as video recordings, swimming data, and user preferences. Users' personal information will only be used as described in the privacy policy and will not be shared with third parties without consent, except as required by law.

5.2 Data Security: The Company takes reasonable measures to protect user data from unauthorised access, loss, or misuse. However, users are responsible for ensuring the security of their Handsets, network connections, and account credentials to prevent unauthorised access or data breaches.

6. Compliance and Enforcement

6.1 Policy Violations: Any violation of this Fair Use Policy may result in disciplinary actions, including but not limited to warnings, temporary suspension, or permanent termination.

6.2 Excessive Use: We reserve the right to throttle excessive use of the Tool if we deem the use to have a negative impact on other users by causing delays or congestion in uploading files, or to have gone beyond what the Company interprets as reasonable use as a coaching and technique assessment tool. 

7. Limitations

7.1 Video File Size and Format:  Uploaded videos have a file size limit of 500 megabytes  (500MB). Files larger than 500MB cannot be uploaded to the platform. There is no restriction on file format as all uploaded videos will be re-processed to a standard format of 720p MP4 during the upload process.

7.2 Limited Analysis: at inception, the Tool will be limited to data comparison with the Force vs Time metric only. Additional metrics will be added in the future and, in most instances, will initially be accessible to the Gold Membership only. The additional metrics will automatically apply to historical recordings.

Please contact: support@eolab.com if you have any questions on this Fair Use Policy.