Terms of Service

1. Agreement to Terms

Welcome to SmartCaddie.ai ("we," "us," or "our"). By accessing or using our AI-powered golf caddie service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our service.

SmartCaddie.ai provides personalized golf course guidance, club recommendations, and strategic advice through artificial intelligence. These Terms govern your use of our website, mobile applications, and all related services.

2. Account Registration

To use SmartCaddie.ai, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account
• Be at least 13 years old. If you are in the European Economic Area or the United Kingdom, you must be at least 16, or the lower age your country sets under GDPR Article 8 (some set 13). If you are under the age of majority where you live, a parent or guardian must agree to these Terms on your behalf.

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

3. Subscription and Billing

3.1 Free Trial

New accounts receive a 30-day free trial with full access to SmartCaddie.ai. No payment method is required to start the trial, and nothing is charged during it. At the end of the 30 days:

• If you have purchased a subscription, your access continues uninterrupted.
• If you have not, access to the caddie features ends until you subscribe. There is no free tier. Your account, your rounds and your data remain intact and are not deleted.
• Because nothing is charged during the trial, there is nothing to cancel if you simply let it lapse.

3.2 Subscription Plans

SmartCaddie.ai is offered as an auto-renewing subscription, on a monthly or a yearly term, each giving unlimited rounds and courses. The current price for your country is always shown on the purchase screen in the SmartCaddie app before you confirm, and that price — not any figure quoted elsewhere — is what you will be charged.

3.3 Billing and Payment

Subscriptions are sold and processed by Apple or by Google, not by us. SmartCaddie subscriptions are purchased only through in-app purchase in the SmartCaddie app on the Apple App Store or Google Play. When you subscribe, Apple or Google is the merchant of record for that transaction. We never see or store your card details.

• Payment is charged to your Apple Account or Google Play account at confirmation of purchase.
• Your subscription renews automatically for the same term at the same price unless you turn off auto-renew at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours before the end of the current period, at the then-current price for your subscription term.
• You can manage your subscription and turn off auto-renew at any time in your Apple Account settings or your Google Play account settings. See section 3.4.
• Applicable taxes are collected by Apple or Google and are shown at purchase.
• If we change prices, the change is made in the App Store or Google Play and takes effect only on a future renewal. Apple and Google will notify you and, where required, ask you to consent before any increased price is charged.

3.4 Cancellation

You can cancel at any time. Because Apple and Google are the merchant of record, cancellation is done in your store account and not in SmartCaddie — we are not able to cancel a subscription on your behalf.

• iPhone or iPad: open the Settings app, tap your name, tap Subscriptions, select SmartCaddie, then tap Cancel Subscription. You can also use apps.apple.com/account/subscriptions.
• Android: open the Google Play Store, tap your profile icon, tap Payments & subscriptions, then Subscriptions, select SmartCaddie and tap Cancel subscription. You can also use play.google.com/store/account/subscriptions.

Cancelling turns off auto-renew. You keep access until the end of the period you have already paid for, and you are not charged again after that.

3.5 Refunds

Because Apple and Google process the payment, they also handle refunds — we cannot issue, approve or deny one, and we do not receive your payment details. Refund requests are made directly to the store and are decided under that store's policy: reportaproblem.apple.com for the App Store, or Google Play's refund process for Android. If a store grants a refund, the related access ends. Nothing in this section limits any statutory right you have that cannot be waived.

3.6 Licence and the App Store

Your use of the SmartCaddie iOS app is also governed by Apple's Licensed Application End User Licence Agreement, available at apple.com/legal/internet-services/itunes/dev/stdeula. Where those terms and these Terms conflict in respect of the iOS app, Apple's terms govern to the extent of the conflict. You acknowledge that these Terms are between you and SmartCaddie.ai only, and not with Apple; that Apple is not responsible for the app or its content; and that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of the Android app is also governed by the Google Play Terms of Service.

4. Acceptable Use

You agree NOT to:

• Use the service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the service or servers
• Use automated systems (bots, scrapers) to access the service
• Share your account credentials with others
• Reverse engineer or attempt to extract source code
• Use the service to harass, abuse, or harm others
• Upload malicious code, viruses, or harmful content

6. Intellectual Property

All content, features, and functionality of SmartCaddie.ai, including but not limited to text, graphics, logos, software, and AI models, are owned by SmartCaddie.ai and protected by international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the service for personal, non-commercial purposes only.

7. User Data and Privacy

Your use of SmartCaddie.ai is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

By using our service, you consent to our collection and use of your data as described in the Privacy Policy, including golf performance data, location information, and usage statistics.

8. Limitation of Liability

First, what we do NOT limit. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for our own fraud or intentional misconduct, or for anything else that cannot lawfully be limited. If you live in New Jersey, that carve-out applies to you in full: the limitations below are read subject to it, and none of them operates to disclaim liability for our own negligence causing injury.

Subject to that, and to the fullest extent the law of your state allows, SmartCaddie.ai is not liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, or business opportunity
• Loss of data, except where it results from our failure to take reasonable care
• Errors, interruptions, or delays in the service
• The outcome of any shot, round, or score. SmartCaddie gives advice; you choose the club and you make the swing.

Golf is played outdoors, around other people, with clubs and hard balls. You are responsible for playing safely and for your own judgement about where and when it is safe to hit — including looking before you swing, obeying the course's rules and its staff, and not relying on the app in place of your own eyes. Our advice never overrides that.

Where liability can lawfully be capped, our total liability for any claim relating to the service is limited to the greater of (a) the total amount paid for your SmartCaddie subscription in the 12 months before the claim, or (b) US $100. We name a floor because Apple and Google collect subscription payments, so the amount paid directly to us is usually zero, and a cap of zero is no cap at all.

Some states, including New Jersey, do not allow some of these limitations. Where that is the case the limitation simply does not apply to you, the rest of this section still stands, and you keep every right your state gives you.

9. Warranty Disclaimer

The service is provided "as is" and "as available". To the fullest extent your state allows, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the service will be uninterrupted, error-free, or secure.

Some states, including New Jersey, limit or do not permit the exclusion of implied warranties. If you live in a state that does not permit it, this section does not apply to you and you keep the implied warranties your state gives you. Nothing here affects any non-waivable consumer right, or the statutory rights you have against Apple or Google as the seller of your subscription.

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the service. Continued use of SmartCaddie.ai after changes become effective constitutes acceptance of the modified Terms.

11. Termination

We may suspend or terminate your account and access to the service at our sole discretion, without prior notice, for conduct that we believe:

• Violates these Terms or our policies
• Harms SmartCaddie.ai or other users
• Exposes us to legal liability
• Involves fraudulent or illegal activity

12. Governing Law and Disputes

These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict of law principles. You and SmartCaddie.ai agree that any dispute arising from these Terms or from your use of the service will be brought exclusively in the state or federal courts located in New Jersey, and both of us consent to the personal jurisdiction of those courts.

Nothing in this section removes any right you have to bring a claim in your local courts, or any consumer protection right available to you under the mandatory law of the country where you live, where that right cannot be waived by agreement.

If you purchased a subscription through the Apple App Store or Google Play, any dispute about the payment itself, including refunds, is handled by that store under its own terms, since it — not SmartCaddie.ai — is the merchant of record for that transaction.