Terms of Service
1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you and xCaddie ("xCaddie", "we", "us") governing your access to and use of the xCaddie website, applications and services (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. The Service
xCaddie is a tool for video-based golf swing analysis and round tracking. It provides reads, drills, metrics and estimates for education and training purposes only. xCaddie is not medical, physical, health or professional coaching advice, and is not a substitute for it. Always consult a qualified professional before starting or changing any physical activity. We may add, change, suspend or remove features at any time.
3. Eligibility
You must be at least 16 years old (or the minimum digital-consent age in your country, if higher) to use the Service. By using it, you represent that you meet this requirement and that the information you provide is accurate.
4. Your account
You need an account to use most features. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorised use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe create risk or legal exposure.
5. Your content and licence
You retain all rights to the videos, images and data you upload ("Your Content"). You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, process and display Your Content solely to operate and provide the Service to you (for example, to compute and show your analysis). We do not publish Your Content; it is shared only if you create a share link, which you can revoke. You represent that you own or have the necessary rights to Your Content and that it does not infringe anyone's rights or include other people without their consent.
6. Acceptable use
You agree not to: (a) use the Service for any unlawful, harmful, infringing or abusive purpose; (b) attempt to access, probe, breach, overload, disrupt, reverse-engineer, decompile or circumvent the Service or its security; (c) use bots, scrapers or automated means except as expressly permitted; (d) upload malware or content you do not have the right to upload; (e) resell, sublicense or commercially exploit the Service without our written consent; or (f) interfere with other users' use of the Service.
7. Plans, billing and renewals
We offer a free plan with a monthly limit of analyses and paid plans (Plus, Pro) with additional limits and features. Paid subscriptions renew automatically for successive periods until you cancel, and you authorise us (and our payment processor) to charge the applicable fees to your payment method on each renewal. You can cancel at any time from your account; cancellation takes effect at the end of the current billing period. Prices and plan limits may change with prior notice. Except where required by law, payments are non-refundable. Payments are processed by a third party (for example, PayPal); we do not receive or store your full card details.
8. Intellectual property
The Service, including its software, models, design, text, graphics and trademarks (excluding Your Content), is owned by xCaddie or its licensors and is protected by intellectual-property laws. These Terms grant you a limited, personal, non-transferable, revocable licence to use the Service for its intended purpose. No other rights are granted.
9. Third-party services
The Service relies on third parties (for example, a payment processor and an email provider). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services and do not control them.
10. Disclaimers
The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement. Single-camera analysis is an estimate and is honest about its limits; we do not guarantee any sporting result, improvement, uptime, error-free operation, or absolute precision.
11. Limitation of liability
To the fullest extent permitted by law, xCaddie and its owners, operators and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or other intangible losses, arising out of or relating to your use of (or inability to use) the Service. To the fullest extent permitted by law, our total aggregate liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us in the twelve (12) months before the event giving rise to the claim, or (b) USD 50. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless xCaddie and its owners and operators from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, or your breach of these Terms or of any law or third-party right.
13. Termination
You may stop using the Service and delete your account at any time from the app. We may suspend or terminate your access if you breach these Terms, create risk or legal exposure, or where required by law. On deletion, we erase your data in line with our Privacy Policy. Sections that by their nature should survive termination (for example, content licence as needed to wind down, disclaimers, limitation of liability, indemnification and governing law) will survive.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, by email or an in-app notice). Your continued use of the Service after changes take effect means you accept the updated Terms.
15. Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which the operator of xCaddie is established, without regard to conflict-of-laws rules, and you agree to the exclusive jurisdiction of its competent courts, except where mandatory consumer-protection law gives you other rights. (The operating entity and governing jurisdiction will be confirmed; please have counsel finalise this clause.)
16. General
If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.
17. Contact
Questions about these Terms? Contact us at support@xcaddie.app.