1. Agreement and acceptance

These Terms of Service (“Terms”) are a binding agreement between you and LiPAR Golf Inc, a Tennessee corporation (“LiPAR,” “we,” “us,” or “our”), governing your use of the LiPAR Golf Monitor mobile application, any companion Apple Watch application, and related features and services (together, the “App”).

By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App and delete it from your device.

These Terms supplement, and do not replace, the Licensed Application End User License Agreement that Apple applies to apps distributed through the App Store. Where Apple’s terms and these Terms conflict as to matters Apple governs, Apple’s terms control.

PLEASE READ SECTION 17 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT WITHIN 30 DAYS.

2. Eligibility and age

You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

You must be at least 18 years old to enable the optional “Help Improve LiPAR” data contribution setting described in Section 6.

You represent that you are not located in, and are not a national or resident of, any country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

3. License to use the App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use, and in accordance with the Usage Rules in the App Store Terms of Service.

You may not, and may not permit any third party to:

• copy, modify, adapt, translate, or create derivative works of the App;
• distribute, sell, lease, rent, lend, sublicense, or make the App available to any third party;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, model weights, model architecture, training data, or underlying technology of the App, except to the extent this restriction is prohibited by applicable law;
• extract, scrape, or harvest data, outputs, or model responses for the purpose of building, training, or improving any competing product, model, or service;
• remove or obscure any proprietary notice;
• use the App to build a competing product or service;
• circumvent, disable, or interfere with security features, usage limits, subscription controls, or measurement integrity mechanisms; or
• use the App in any way that violates law or infringes the rights of others.

All rights not expressly granted are reserved by LiPAR.

4. Device and technical requirements

The App is currently offered and distributed only in the United States. It is not directed to, and we do not knowingly make it available to, users in other countries. If we expand availability, we will update these Terms first.

The App requires a compatible iPhone (iPhone 13 Pro or newer) and relies on the device camera, high-frame-rate video capture, LiDAR depth sensing, and on-device machine learning. Certain features may additionally require an Apple Watch, microphone access, location access, adequate lighting, or sufficient free storage.

We may change minimum device requirements as the App evolves. Functionality may be unavailable, limited, or degraded on unsupported devices or in unsupported conditions.

5. Your content

“Your Content” means the swing videos, audio, images, metrics, session data, notes, and other material you create or capture using the App.

As between you and LiPAR, you retain all ownership of Your Content. In normal use, Your Content is processed and stored on your device and is not transmitted to us.

You are solely responsible for Your Content, including for obtaining any consent required to record any person who appears in it or whose voice is captured. You must not record any person in a location or manner where they have a reasonable expectation of privacy, and must not record minors other than your own child or a minor for whom you are the legal guardian.

You are responsible for maintaining your own backups. We are not a backup service and are not responsible for loss of on-device data.

6. Contributed content — “Help Improve LiPAR”

6.1 Opt-in. The App includes a setting, OFF BY DEFAULT, called “Help Improve LiPAR.” When you enable it, swing recordings and their computed analysis from sessions you record are uploaded to LiPAR (“Contributed Content”). You must be 18 or older and provide separate express consent before any upload occurs. You may turn the setting off at any time, which stops all further uploads.

6.2 License grant. You grant LiPAR a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license and right to host, store, reproduce, copy, modify, adapt, translate, create derivative works of, analyze, annotate, label, segment, aggregate, combine with other data, and otherwise use and exploit Contributed Content and all measurements, annotations, derivative works, and datasets derived from it, for the purposes of operating, providing, developing, training, testing, validating, benchmarking, and improving LiPAR’s current and future products, services, algorithms, models, and technologies, and for research and development relating to any of the foregoing.

6.3 Ownership and survival of models. You acknowledge and agree that:

(a) all machine-learning models, model weights, parameters, embeddings, aggregate statistics, benchmarks, annotations, labels, and derived or aggregated datasets that are created using, trained on, validated against, or otherwise informed by Contributed Content are and remain the exclusive property of LiPAR;

(b) such models and derived works are not Your Content and are not subject to deletion, recall, return, or accounting; and

(c) disabling the Help Improve LiPAR setting, withdrawing consent, deleting Contributed Content, deleting the App, or terminating these Terms will stop further collection and further use of the affected source recordings, but will not require LiPAR to retrain, alter, degrade, delete, or cease using any model, weight, benchmark, or derivative work already created.

6.4 Survival and assignment. The license and acknowledgments in this Section 6 survive termination of these Terms, deletion of the App, and closure of your account, and are expressly assignable and transferable, in whole or in part, in connection with any merger, acquisition, reorganization, financing, change of control, or sale of assets, without further notice to or consent from you.

6.5 Your representations. You represent and warrant that you own or otherwise control all rights in Contributed Content, that every identifiable person appearing in it is an adult who has consented to its capture and contribution, and that the Contributed Content does not infringe or violate the rights of any person.

6.6 No compensation. Contribution is voluntary and uncompensated. Nothing in this Section obligates us to use, retain, publish, or preserve any Contributed Content.

6.7 Statutory rights. Where applicable law grants you a non-waivable right to withdraw consent or to require erasure of personal data, we will honor that right as to the source recordings in accordance with our Privacy Policy. Sections 6.2 and 6.3 apply to the fullest extent permitted by that law, and the rights granted in respect of models and derived works created before erasure survive to the extent legally permissible.

7. Feedback

If you send us ideas, suggestions, feature requests, bug reports, or other feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use and exploit that feedback for any purpose without restriction, attribution, or compensation. Feedback is not confidential.

8. Subscriptions, billing, and cancellation

8.1 Free and paid features. Some features are free. Others require a paid subscription (“Premium”).

8.2 Pricing and terms. The subscription name, duration, price, and included features are disclosed in the App before purchase and on the App Store product page. Prices are in your local currency and may vary by region.

8.3 Auto-renewal. PAID SUBSCRIPTIONS AUTOMATICALLY RENEW at the then-current price for the same term unless you cancel at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours prior to the end of the current period.

8.4 Free trials. If a free trial is offered, it converts automatically to a paid subscription at the end of the trial period unless you cancel at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited if you purchase a subscription during the trial.

8.5 How to cancel. All purchases are processed by Apple. Manage or cancel your subscription in iOS Settings, under your Apple ID, in Subscriptions. Deleting the App does not cancel your subscription.

8.6 Refunds. Refunds are handled by Apple under the App Store Terms of Service. We cannot issue refunds directly. Except where required by law, payments are non-refundable and there are no refunds for partial periods.

8.7 Price changes. We may change subscription pricing. Changes take effect at the start of the next billing period following notice, and Apple will request your consent where required. Continued use after a price change takes effect constitutes acceptance.

8.8 Consumer rights. Nothing in this Section limits any non-waivable right you have under applicable federal or state consumer protection law, including automatic renewal statutes in California, New York, and other states.

9. Estimates, not measurements

The App produces ESTIMATED golf metrics — including ball speed, launch angle, launch direction, spin, carry distance, club path, attack angle, and body-motion measurements — using computer vision and machine learning applied to video captured by a consumer device.

These estimates are provided for informational, entertainment, and training purposes only. They may contain errors. They are NOT measurements from a calibrated instrument and are NOT guaranteed to be accurate, repeatable, or equivalent to output from professional radar, photometric, or optical launch monitor equipment.

Accuracy depends on lighting, framing, distance, camera stability, background, ball type, device model, and thermal state, and will vary between sessions and between devices.

Any accuracy figures we publish describe performance under stated test conditions with a stated reference device and sample size. They are not a warranty and do not guarantee results in your conditions.

You should not rely on the App for equipment fitting decisions, competitive scoring with monetary stakes, wagering, or any purpose requiring certified measurement.

10. No professional advice; safety

The App does not provide medical, physical therapy, fitness, or certified coaching advice. Coaching narratives, fault identification, drill recommendations, and club suggestions are automatically generated, are informational only, and may be incorrect or unsuitable for you.

Golf involves physical exertion and risk of serious injury to you and others. Swinging a golf club and striking a ball can cause severe injury and property damage. You are solely responsible for:

• ensuring your surroundings are safe and clear of people, pets, vehicles, windows, and property before every swing;
• placing your device where it will not be struck and where retrieving it does not put you at risk;
• verifying that any net, mat, or indoor space is adequate and properly installed for the club and speed you intend to use;
• complying with the rules of any facility you are using; and
• consulting a qualified medical professional before beginning or changing any physical activity, and stopping if you experience pain.

Do not use the App while driving or in any situation requiring your full attention.

11. Games, scores, and fair play

The App may offer games, challenges, scoring, and leaderboards. Where it does:

• Scores are derived from estimated metrics and are inherently approximate. They are for entertainment only.
• You must not manipulate, spoof, or falsify results, including by altering camera placement to obtain favorable readings, using modified equipment or balls for the purpose of inflating scores, tampering with the App, or submitting results not produced by your own swings.
• We may, at our discretion and without notice, adjust, void, or remove scores, remove users from leaderboards, reset results, or suspend accounts we reasonably believe have engaged in manipulation.
• Leaderboards and shared results may display a username you choose. Do not choose a username containing personal information, obscenity, or another party’s trademark. We may reclaim or change usernames.
• No game or challenge is a contest of chance, offers a prize of monetary value, or requires consideration to enter, unless we expressly state otherwise and publish separate official rules.

12. Beta and pre-release features

Features identified as beta, preview, or early access are provided for evaluation. They may be unstable, may produce inaccurate results, may change or be withdrawn at any time, and may cause data loss. They are provided AS IS with no warranty or support commitment of any kind, and any expectation of confidentiality is limited to what we state in writing.

13. Acceptable use

You agree not to use the App to: violate any law or regulation; infringe or misappropriate any intellectual property, privacy, or publicity right; record any person without required consent; harass, defame, or harm any person; transmit malware; probe, scan, or test the vulnerability of our systems; gain unauthorized access to any account, system, or data; interfere with the operation of the App; or engage in any automated use, scraping, or bulk extraction.

14. Intellectual property

The App, including all software, models, model weights, algorithms, user interfaces, designs, text, graphics, and the LiPAR name, logo, and trade dress, is owned by LiPAR or its licensors and is protected by copyright, trademark, patent, and trade secret law. These Terms grant you no rights in any LiPAR trademark. Patents pending.

The App includes third-party software components subject to their own license terms, which are made available in the App and continue to apply to those components.

15. Privacy

Our Privacy Policy describes how we handle information and is incorporated into these Terms by reference. It contains important notices regarding body-motion and biometric information.

16. Disclaimers and limitation of liability

16.1 Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ESTIMATE, SCORE, OR RECOMMENDATION IT PRODUCES WILL BE ACCURATE OR RELIABLE.

16.2 Limitation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIPAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THE APP, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.3 Cap. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

16.4 Exceptions. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for death, personal injury, fraud, gross negligence, or willful misconduct. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law, and your non-waivable statutory rights are unaffected.

16.5 Indemnity. You agree to indemnify and hold harmless LiPAR from any claim, loss, liability, and expense (including reasonable legal fees) arising from your breach of these Terms, your Contributed Content, your recording of any person, or your use of the App, except to the extent caused by our own wrongdoing.

17. Dispute resolution and arbitration

17.1 Informal resolution first. Before filing any claim, you agree to contact us at contact@lipargolf.com and attempt to resolve the dispute informally for at least 60 days. We will do the same.

17.2 Binding arbitration. If we cannot resolve the dispute informally, you and LiPAR agree that any dispute arising out of or relating to these Terms or the App will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, in the county where you reside or by videoconference at your election. The Federal Arbitration Act governs this Section.

17.3 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.

17.4 CLASS ACTION WAIVER. YOU AND LIPAR AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court and the remainder of this Section will remain in effect.

17.5 30-DAY OPT-OUT. You may opt out of this arbitration agreement by emailing contact@lipargolf.com with the subject line “Arbitration Opt-Out,” including your name and the device you use, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

17.6 Enforceability. If applicable law prohibits enforcement of this Section 17 against you, this Section does not apply to you and Section 18 governs.

18. Governing law and venue

These Terms are governed by the laws of the State of Tennessee, United States, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 17.

If Section 17 does not apply to you, the state and federal courts located in Hamilton County, Tennessee will have exclusive jurisdiction, and you consent to personal jurisdiction there.

Nothing in this Section deprives you of the protection of any mandatory consumer-protection law of your state of residence.

19. Termination

You may terminate at any time by deleting the App. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the App. On termination, the licenses granted to you in Section 3 end. Sections 5, 6, 7, 9, 10, 13, 14, 16, 17, 18, and 20 survive termination.

20. Apple-specific terms

You acknowledge and agree that:

(a) These Terms are between you and LiPAR only, and not with Apple Inc. (“Apple”). LiPAR, not Apple, is solely responsible for the App and its content.

(b) Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the App Store Terms of Service.

(c) Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

(d) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are LiPAR’s sole responsibility.

(e) LiPAR, not Apple, is responsible for addressing any claims relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks if applicable.

(f) In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, LiPAR, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.

(g) You must comply with applicable third-party terms of agreement when using the App.

(h) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

(i) LiPAR’s contact information for questions, complaints, or claims regarding the App is contact@lipargolf.com.

21. General

21.1 Changes. We may update these Terms. We will update the effective date, and for material changes we will provide in-app notice at least 14 days before they take effect. Your continued use after the effective date constitutes acceptance. If you do not agree, stop using the App.

21.2 Assignment. You may not assign or transfer these Terms. We may assign or transfer these Terms and all rights and licenses granted under them, in whole or in part, without restriction and without notice, including in connection with a merger, acquisition, reorganization, financing, change of control, or sale of all or substantially all of our assets.

21.3 Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented in the App, constitute the entire agreement between you and LiPAR regarding the App and supersede all prior agreements.

21.4 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force.

21.5 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

21.6 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

21.7 Notices. We may provide notice by in-app message, by email if you have provided one, or by posting to lipargolf.com/legal. Notices to us go to contact@lipargolf.com.

21.8 Export. You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which it was obtained.

22. Contact

LiPAR Golf Inc 4338 Nestledown Ct. Chattanooga, TN 37419 contact@lipargolf.com