Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the PocketCaddie applications for iOS and Android, supported companion applications, and related websites and services (collectively, the “Service”), provided by Pocketsports, Inc., operating PocketCaddie (“PocketCaddie,” “we,” “our,” or “us”). By downloading, installing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

PocketCaddie is a driving range assistant and no-video swing coach. Features, available measurements, supported devices and subscription offers may vary by platform, connected sensors, app version and region. Availability on iOS and Android does not mean that every feature or offer is available on both platforms.

License

Subject to your compliance with these Terms, PocketCaddie grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Service for your personal, non-commercial use on a device you own or control.

Acceptable Use

You agree not to:

• Reverse-engineer, decompile, or otherwise attempt to derive the source code of the Service, except where applicable law expressly permits such activity.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, our infrastructure, or other users’ data.
• Use the Service to violate any applicable law, regulation, or third-party right.
• Resell, sublicense, rent, or otherwise commercially exploit the Service without our prior written consent.
• Upload content or data that you do not have the right to upload, or that infringes any third party’s rights.

Subscriptions

Some features require a paid subscription. If you purchase a subscription through the App Store or Google Play, the purchase is processed by that store under its applicable purchase terms. The purchase screen shows the available product, local price, billing period, renewal terms and any eligible trial or promotional offer before you purchase.

Auto-renewing subscriptions continue until canceled in accordance with the purchase terms shown by the store. Manage or cancel your subscription through the store and account used for the purchase: Apple Account subscriptions for App Store purchases, or Google Play subscriptions for Google Play purchases. Follow that store’s cancellation deadline, including any deadline for an introductory trial. Deleting your PocketCaddie account or uninstalling the app does not cancel a store subscription.

Refund requests are subject to the applicable store’s process and terms and your applicable legal rights. See Apple’s refund process or Google Play’s refund policy. Pricing, features, and tier composition may change over time; material changes will be communicated in the app or by email.

Promotional and referral offers apply only to the platforms, plans, regions and customers identified in the specific offer. Availability of the app on a platform does not by itself make an offer available on that platform. A free practice allowance or testing access does not itself enroll you in a paid subscription.

Your Data and Optional Contributions

Data collection, storage, synchronization and deletion are described in our Privacy Policy. Recording and upload behavior differs by platform and your settings. Summary sync does not by itself upload an Android raw recording or restore raw motion files to another device.

Where offered, Android raw-data contribution requires a separate affirmative choice to upload a reviewed phone recording under the applicable published Terms and privacy disclosures. Contribution is optional and is not a purchase requirement. Declining or canceling that contribution does not authorize its upload. The review identifies the file and the information included; separate watch recordings and other evidence excluded from the review remain available through local Export. Copies you export or share elsewhere remain under your control.

Pre-Release Builds

From time to time we may make pre-release builds of the Service available through TestFlight, Google Play testing tracks or another identified testing program. If you participate, you understand that pre-release builds may contain bugs, may change or be discontinued without notice, and may not provide the same data guarantees or features as the production store release. A pre-release feature may change or be unavailable in the production app. Feedback you provide may be used to improve the Service.

Intellectual Property

The Service, including all software, designs, text, graphics, and trademarks, is owned by PocketCaddie or its licensors and is protected by intellectual property laws. Nothing in these Terms transfers any ownership rights to you.

Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may stop using the Service at any time by deleting the app. Sections of these Terms that by their nature should survive termination will survive (including, without limitation, intellectual property, disclaimers, and limitation of liability).

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POCKETCADDIE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE. PocketCaddie is a coaching aid and not a substitute for professional instruction or medical advice.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, POCKETCADDIE AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR (B) USD $50.

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The state and federal courts located in Delaware will have exclusive jurisdiction over any disputes arising under these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction.

Changes

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, where appropriate, notify you in the app. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Contact

Questions about these Terms? Email natetshapiro@gmail.com.