Terms and app license

Unfinished app draft. Not effective. Bracketed fields remain for review.

Recenter terms of service and app license

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Effective date: [EFFECTIVE_DATE]. Version: 1.0 draft.

These terms include individual arbitration and a class-action waiver in section 11. You may opt out of arbitration by email within 30 days after accepting that section, as explained there. Section 10 limits our liability, subject to its stated exceptions and applicable law.

1 Our agreement with you

These terms are an agreement between you and [OPERATOR_LEGAL_NAME], a [ENTITY_TYPE_AND_FORMATION_STATE] with its mailing address at [BUSINESS_MAILING_ADDRESS] (Recenter, we, us or our). They govern the Recenter app, your account, our cloud coaching and practice services, and recentergolf.com, collectively the Services.

You accept these terms when you expressly agree to them through an account, activation or other acceptance control. If you do not agree, do not activate or use the account service. Our Privacy Policy explains our information practices. Accepting these terms does not replace separate permission required for AI processing or another use of personal information.

These terms include our license for the app. For an App Store distribution, they serve as Recenter's custom app license when supplied with that download. Apple's applicable usage and distribution terms also apply. Section 13 contains additional provisions for Apple downloads. A TestFlight release is also subject to Apple's TestFlight terms and beta license, which control a conflicting requirement of that distribution. These terms do not change an agreement you have with Apple.

The current version is available at https://recentergolf.com/terms. Contact [SUPPORT_EMAIL] with questions about the Services or these terms.

2 Eligibility and accounts

The initial Services are offered to United States residents who are at least 18 and have reached the age of legal majority where they live. Accounts are for individual use. Do not create an account for a child or use your account to submit a child's information.

Use an email address you control, keep your account information accurate and protect your credentials. Do not share your password, impersonate another person or access an account without permission. Contact [SUPPORT_EMAIL] promptly if you believe your account has been compromised. You are responsible for activity you authorize, without assuming responsibility for a security failure caused by us.

3 App license and connected services

Subject to these terms, we grant you a limited, nonexclusive, nontransferable license to install and use the app for your personal golf practice on compatible Apple-branded devices you own or control, as permitted by Apple's applicable usage rules. The license includes use permitted through Family Sharing or volume purchasing, where applicable; each person's Recenter account remains individual. The app is licensed, not sold. This license ends when these terms or your right to use the app end.

The current app requires a compatible iPad and supported software. Launch-monitor features require supported equipment, currently the Garmin Approach R10, and an appropriate connection and setup. Review our compatibility and setup information. Equipment, connectivity and third-party service charges are your responsibility.

Recenter helps you review practice measurements, modeled ball flight, saved sessions and AI coaching. Some displayed results come from your equipment; others are calculated by Recenter. Equipment setup, environmental conditions, connectivity and modeling assumptions can affect the results. A displayed distance, trajectory or recommendation is an estimate, not a certified measurement or prediction. Check your selected club, units, handedness and equipment setup before interpreting a result.

Cloud coaching, synchronization and generated speech require internet access and available service providers. Features labeled experimental may be unreliable or change. Recenter is independent of Garmin and Apple; compatibility references do not imply endorsement.

Hardware and external websites you choose to use have their own terms. We do not control those independent products or websites. This does not remove our responsibility for service providers we engage to deliver Recenter or for obligations we cannot lawfully exclude.

4 AI coaching and safe practice

Recenter's coach is artificial intelligence, not a person. Generated speech is synthetic. The coach uses available shot information, lesson context and conversation history to produce suggestions. A response does not mean a human instructor reviewed your session.

Responses can be inaccurate, incomplete, inconsistent or unsuitable for your circumstances. Confident or detailed wording does not establish accuracy, and the coach may lack important information about your swing or practice conditions. Similar responses may be produced for other people. Use your judgment and, where appropriate, discuss suggestions with a qualified golf instructor.

We do not guarantee a particular score, handicap, distance, swing change or improvement. The Services do not diagnose, treat or prevent an injury or medical condition and do not replace professional healthcare advice. Do not submit medical records or use the coach for injury assessment or rehabilitation.

Use suitable equipment and a safe hitting area, follow equipment instructions and venue rules, and keep others clear of your swing and ball path. Stop an activity that causes pain or appears unsafe. Do not use or adjust the app when doing so would distract you from safe play. These responsibilities do not waive liability that cannot lawfully be excluded.

5 Your content and feedback

You retain your existing rights in notes, questions, measurements and other material you submit. Instructor materials and other third-party content may belong to someone else. Submit material only when you have the rights and permissions needed for the requested features. Avoid unnecessary information about other people.

Dictation is provided for questions and notes. Do not use it to secretly transcribe someone else. Before capturing another person's words or submitting their private lesson material, obtain the permissions needed for capture, submission and cloud processing. Microphone permission on your device does not supply another person's permission.

You give us a nonexclusive permission to store, reproduce, format, analyze, transmit and display your content as reasonably needed to operate your account, synchronize records, provide coaching and speech, investigate feedback you submit, respond to requested support, and protect the Services. We may permit our service providers to perform those activities for us. The Privacy Policy describes the processing, human access, recipients and retention.

This permission does not authorize us to publish your private content in advertising, share it with other golfers, or use it to train or fine-tune an AI or machine-learning model, including a model used only by Recenter. Removing names or account identifiers does not expand that permission. A proposed training use requires a separate, specific permission; using the coach or rating a response does not provide it.

Using saved information as context to answer you is part of providing coaching and is different from training a model. The current Services do not give an instructor, golf facility or another golfer access to your account merely because you mention them in a note. Deleting a source note can leave information already included in saved coaching records or responses, as explained in the Privacy Policy.

The content permission lasts only for the purposes and periods described in the Privacy Policy, including any lawful retention after deletion. It does not override your applicable privacy rights.

You may use and share coaching responses, including with your instructor, subject to others' rights and these terms. We do not promise that a response is unique, copyrightable, free of third-party material or suitable for commercial use. We do not acquire ownership of your underlying notes because they appear in a response.

If you send product suggestions, you permit us to use the suggestions to improve Recenter without paying you. A suggestion or rating does not authorize model training on its associated conversation or unrelated uses of private notes or personal information.

6 Acceptable use and service materials

Do not use the Services to break the law, infringe others' rights, threaten or harass anyone, upload malicious code, bypass account permissions or usage limits, extract other users' information, or deliberately disrupt the Services. Do not sell account access or evade a restriction by using another person's account.

We and our licensors retain rights in the software, website, brand and service materials, apart from your content and rights expressly granted to you. You may use those materials as needed to use the Services as intended. You may not redistribute the software, remove ownership notices or use our trademarks without permission. Restrictions on copying or reverse engineering do not prohibit activity that applicable law or an open-source license expressly permits.

You must comply with applicable export and sanctions laws. You represent and warrant that you are not located in a country subject to a United States government embargo or designated by that government as supporting terrorism, and that you are not on a United States government list of prohibited or restricted parties.

Report suspected infringement or unlawful use to [SUPPORT_EMAIL], identifying the material and your concern.

7 Free beta and future purchases

The initial beta has no Recenter subscription fee. Equipment, internet and other providers may charge separately. Beta participation does not promise permanent free access, a lifetime license, unlimited AI use or every future feature.

If we offer paid plans, we will present the price, billing frequency, included features, renewal terms, cancellation method and applicable refund terms before you purchase. Recurring charges require affirmative agreement. Joining the beta does not authorize an automatic charge or enroll you in a future paid plan.

A purchase will identify who processes payment and how to manage it. For an App Store subscription, Apple's subscription controls and applicable purchase terms govern billing and cancellation. Cancellation, account deletion and uninstalling the app are separate actions. Any future purchase terms will explain when access ends and what happens to saved records. We will honor refunds and other remedies required by law or expressly promised to you.

8 Updates and service availability

We may update the Services, adjust usage limits, replace providers or discontinue features as the product develops. We will provide reasonable advance notice of a material reduction where practicable. Urgent security, legal or operational circumstances may require faster action. Changes to personal-information handling remain subject to the Privacy Policy and any required permission.

Beta features can contain defects. The Services may be unavailable during maintenance or failures. Keep copies of records you need independently of Recenter. We do not promise uninterrupted availability.

To the extent permitted by law, we are not responsible for delay or failure caused by events beyond our reasonable control, such as a natural disaster, widespread communications outage or government restriction. We will take reasonable steps to reduce the disruption and restore affected services. This provision does not excuse a failure to take reasonable safeguards or remove a refund, remedy or other obligation that law does not permit us to exclude.

9 Ending access and deleting your account

We may restrict access when reasonably necessary to address a material breach of these terms, a security threat, unlawful activity or a legal requirement. Where appropriate, we will explain the issue and provide a reasonable opportunity to resolve it. We may act immediately when notice would create a safety or security risk or is legally prohibited. You may ask us to review a restriction at [SUPPORT_EMAIL].

You may stop using the Services at any time. To close your account and request deletion, use the account-deletion control in the app or contact [PRIVACY_EMAIL] if you need assistance. Signing out or uninstalling does not delete your cloud account. The Privacy Policy explains retained records, provider copies, local cleanup and exports.

If we discontinue the account service, we will provide reasonable notice and an opportunity to obtain your records where practicable. Any accrued payment obligations and provisions that need to continue by their nature survive termination, including intellectual-property protections, lawful retention, liability limits and dispute provisions. Termination does not permit new uses of your personal information.

10 Warranties and limits on liability

Except for express commitments and rights that cannot lawfully be excluded, the Services are provided as is and as available. To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose and noninfringement. We do not guarantee that every measurement, model or AI response is accurate or that the Services will always be available or error-free.

To the extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive losses arising from the Services, including lost profits, lost opportunities or lost goodwill, even if advised that those losses were possible.

Our total liability for all claims arising from or relating to the Services or these terms will not exceed the greater of US $100 or the Recenter fees you paid during the six months before the first event giving rise to the claim. Recenter fees include amounts paid for Recenter through the App Store, but exclude third-party equipment and connectivity costs. This is an aggregate limit, not a separate allowance for each claim. It does not reduce a refund expressly due under your purchase terms or our obligation to pay arbitration costs under section 11.

The exclusions and cap above do not apply to fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, or any liability that applicable law does not permit us to exclude or limit. Nonwaivable consumer protections, statutory remedies and Apple's applicable distribution requirements remain available. A contractual limitation does not excuse an obligation to protect information or respond to a privacy request.

11 Disputes and arbitration

Informal resolution

Before starting arbitration, send a notice describing the dispute and the relief you seek to [LEGAL_EMAIL] or our mailing address in section 14. Include your name and the email associated with your account, if any. We will send our notice to the email or mailing address you supplied. Each party will try in good faith to resolve the dispute for 30 days after receipt; either may start arbitration after that period. Applicable limitation periods are paused during that period to the extent permitted by law. This process does not prevent urgent relief, a timely filing needed to preserve a claim, or contact with a regulator.

Agreement and procedure

Except for the exceptions below, you and Recenter agree to resolve disputes arising from these terms or the Services through final, binding arbitration before one neutral arbitrator administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration agreement. Rules and filing information are available at AAA's consumer arbitration website.

The arbitrator may award the same individual relief a court could award, subject to applicable law and these terms. A court decides whether this arbitration agreement was formed, whether you validly opted out, and whether the class-action waiver is enforceable; the arbitrator decides other matters assigned under the applicable rules. Hearings ordinarily may take place by video or telephone. The arbitrator retains authority under the rules to require an in-person hearing in a location reasonably convenient to you.

We will pay the arbitration fees that AAA's consumer rules require a business to pay. We will not seek reimbursement of those fees from you unless required by applicable law or permitted under the applicable rules following the arbitrator's determination that a claim or counterclaim was filed for harassment or is patently frivolous. Any attorney-fee award remains governed by applicable law. AAA's applicable administrative procedures for coordinated demands, including its mass-arbitration rules, remain available; these terms do not impose a separate batching process.

Individual proceedings and exceptions

You and Recenter agree to bring claims only in an individual capacity, not as a plaintiff or class member in a class or representative proceeding. An arbitrator may not combine different people's claims or preside over a class proceeding unless both parties agree after the dispute arises. Choosing arbitration means giving up a court trial, including a jury trial, for the claims subject to arbitration.

Either party may bring an eligible individual claim directly in small-claims court without completing informal resolution. Either may seek temporary court relief necessary to protect intellectual property or confidential information while the merits are resolved in the appropriate forum. Neither this section nor the class waiver prevents reporting to a regulator, obtaining a remedy that cannot lawfully be restricted, or pursuing a claim that applicable law makes non-arbitrable. Any such claim or remedy may proceed in the court with jurisdiction. If the class waiver cannot lawfully apply to a claim, that claim proceeds in court; the rest of this section applies to the extent enforceable.

Opt out within 30 days

You may reject this arbitration agreement by emailing [ARBITRATION_OPT_OUT_EMAIL] or sending written notice to our mailing address within 30 days after first accepting this section or accepting a materially changed arbitration agreement. State your name, your account email if you have one, and that you opt out of arbitration. Email notice is timely when sent to the stated address; mailed notice is timely when postmarked. We will confirm receipt, but our confirmation is not required for a valid opt-out.

Opting out does not affect your access to Recenter or the other terms. The individual-proceeding and class-waiver provisions above do not apply if you validly opt out, and these terms impose no separate jury-trial waiver for court claims.

Court proceedings and governing law

The laws of [GOVERNING_STATE] govern these terms, apart from their conflict-of-laws rules and subject to the Federal Arbitration Act and nonwaivable protections. Claims properly proceeding in court may be brought in the state or federal courts serving [VENUE], except where the small-claims provision or a nonwaivable right permits another court. If AAA declines administration, you may proceed in a court with jurisdiction. These terms do not shorten an otherwise applicable statutory deadline for bringing a claim. Section 11 applies only between you and Recenter; it does not bind Apple or restrict Apple's beneficiary rights under section 13.

12 Changes to these terms and legal notices

We will post the current terms, effective date and version, and retain prior versions. We will notify you through the app or account email at least 30 days before a material change takes effect. A change required promptly to address a legal obligation or urgent security threat may take effect sooner, with notice as soon as reasonably practicable.

Changes apply prospectively. A change that materially increases your obligations, introduces or increases a charge, or adds or materially expands arbitration requires your affirmative agreement before it applies to you. Notice or continued use alone is not that agreement. A required urgent change does not authorize a new charge or broaden your permission for processing personal information. We will not apply a new dispute provision to a dispute already known to either party without a separate agreement about that dispute.

If you decline a change requiring agreement, you may stop using the affected Services and close your account without a cancellation penalty. If a future prepaid plan cannot continue on the agreed terms because of our proposed change, we will refund the unused portion, subject to the applicable purchase channel and your mandatory rights. New prices do not change a period already paid for. Material personal-information changes also remain subject to the Privacy Policy and any separately required permission.

Send legal notices to [LEGAL_EMAIL] or our mailing address. Arbitration opt-outs use the route in section 11. Keep your contact information current. For ordinary service notices, we may use email or an in-app notice; where law requires a particular notice method or receipt standard, we will follow it.

13 Apple downloads and other provisions

For an app downloaded through Apple, this agreement is between you and Recenter, not Apple. Recenter is responsible for the app and its content, and for providing any maintenance or support required by this agreement or applicable law. Apple has no obligation to provide maintenance or support for the app.

If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. Other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure are Recenter's responsibility under this agreement and applicable law.

Recenter, not Apple, is responsible for addressing claims concerning the app or your possession or use of it, including product-liability claims, failure to conform to legal or regulatory requirements, and consumer-protection, privacy or similar claims. Recenter is also responsible for investigating, defending, settling and discharging a third-party claim that the app or your possession and use of it infringes that party's intellectual-property rights, subject to applicable law. The limits in section 10 apply only to the extent consistent with mandatory Apple requirements and nonwaivable law.

Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you upon your acceptance. You must comply with applicable third-party agreements when using the app, including your connectivity agreement. This license does not permit use inconsistent with Apple's applicable usage rules.

If another provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. Delayed enforcement is not a waiver. We may transfer this agreement as part of a merger, reorganization or sale of the relevant business if the successor assumes our obligations and the transfer complies with law. We will notify you of a material operator change. You may not transfer your account without our agreement except where applicable law allows it.

These terms and applicable purchase terms describe our agreement for the Services. A separate written agreement signed by us controls a conflicting provision, subject to mandatory distribution requirements and nonwaivable rights. The Privacy Policy is a notice of information practices and does not supply blanket consent to processing.

14 Contact

[OPERATOR_LEGAL_NAME]

[BUSINESS_MAILING_ADDRESS]

Support: [SUPPORT_EMAIL]. Telephone: [SUPPORT_PHONE]. Legal notices: [LEGAL_EMAIL]. Privacy requests: [PRIVACY_EMAIL]. Arbitration opt-outs: [ARBITRATION_OPT_OUT_EMAIL].

Website: https://recentergolf.com.