CoachNow Mobile Application Terms of Service

Welcome to CoachNow! CoachNow is a division of Golf Genius Mobile, LLC, and its parent company Golf Genius Software, Inc. ("CoachNow" “we”, “our” and “us”), as a party to these Terms of Service with each person who uses CoachNow branded products and services (“User”, “you” and “your”) through the use of our website ("Site") and/or mobile application ("Mobile Application") (collectively, the “Service”). These terms of service (these "Terms of Service" or this "Agreement") constitute a contract between us and each User and define the terms and conditions, rights, responsibilities, and restrictions for each User's access to and use of the Service. As used in these Terms of Service, references to our “Affiliates” include Golf Genius Mobile, LLC, Golf Genius Software, Inc., and our and their respective owners, parent companies, subsidiaries, and affiliated companies.

Notwithstanding anything to the contrary in these Terms of Service or our Privacy Policy, certain Users may have entered into separate agreements with us that specifically address matters covered by these Terms of Service or the Privacy Policy ("Separate Agreement"). In any instance where a provision of a Separate Agreement conflicts with or is inconsistent with these Terms of Service or the Privacy Policy, the Separate Agreement shall control and prevail solely to the extent of such conflict or inconsistency. In all other respects, such Separate Agreements are intended to supplement, but not amend or alter, these Terms of Service or the Privacy Policy. Therefore, in the absence of any conflict or inconsistency with a Separate Agreement, these Terms of Service and the Privacy Policy shall apply fully to all Users, including those with Separate Agreements.

Certain Users may be athletes or students who access and use the Service through their coaches' or leagues' accounts. Nevertheless, those athletes and students are considered Users and their use of the Service shall be bound by these Terms of Service and the Privacy Policy.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE

Acceptance of Terms of Service; Changes to Terms of Service. Your use of the Service constitutes your acceptance of these Terms of Service. If, at any time, you do not wish to accept the Terms of Service, you may not use the Service. This Agreement becomes effective immediately upon commencement of your use of the Service. You must be 13 years of age or older to use the Service. We reserve the right to request proof of age and to terminate any User's Account if it is discovered that you do not meet the age requirement.
1. We have the right at any time to change or modify these Terms of Service, or any part thereof, or to impose new conditions, including, but not limited to, adding or modifying fees and charges. Any changes, modifications, additions or deletions to the Terms of Service shall be effective immediately upon posting the revised Terms of Service on the Site or the Mobile Application. Any use of the Service after posting the revised Terms of Service shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions. You should periodically review these Terms of Service.
2. We reserve the right to discontinue support for outdated versions of software on the Site or Mobile Application. We will notify Users of updates and upgrades to the Site or Mobile Application through in-app notifications, email, posting to the Site or Mobile Application, or other appropriate communication channels. We are not responsible for any loss of data or changes to settings that may occur as a result of updates or upgrades.
Grant of Rights. Subject to the terms and conditions of these Terms of Service, we grant to each User, during the Term (as defined below), a limited, personal, non-commercial, non-exclusive, non-transferable, non-assignable, revocable right of access to the Site and the Mobile Application which the User is permitted to access solely for personal use and not in connection with any commercial endeavors except those that we expressly approve. Unauthorized use of the Site or Mobile Application, including collecting usernames and/or e-mail addresses of other Users for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Site or Mobile Application, is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of access to the Service, and we reserve the right to take other appropriate legal action for any unauthorized use. For purposes of this Agreement, "commercial uses" do not include use by a coach in connection with coaching activities or by a User who receives coaching activities and uploads content such as videos, discussions, links to films, and similar content to receive feedback and instruction, but does include monetizing, packaging, selling, licensing, sub-licensing, selling access to or otherwise using the software, or technology for commercial gain other than ordinary coaching activities in the ordinary course of business. Users are not permitted to modify the Site or the Mobile Application or create derivative works based on the Mobile Application without our prior express written permission.
Proprietary Rights; Restrictions; Trademarks. As between you and us, we own, solely and exclusively, all right, title, and interest in and to the Service, the Site, and the Mobile Application, and all intellectual property rights pertaining thereto, including, without limitation, all technology, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, user interfaces, trademarks, titles, code, data and materials and other items we post on the Site or Mobile Application, used in connection or associated therewith, or arising therefrom.
1. Any commercial or promotional distribution, publishing or exploitation of the Service, Site, or Mobile Application or the intellectual property rights pertaining thereto is strictly prohibited unless you have received express prior written permission from our authorized personnel.
2. Except as expressly granted in Section 2(Grant of Rights), no license or right under any intellectual property rights pertaining to the Service, including, without limitation, the right to access the source code or object code for the software incorporated into the Service, is granted or implied by these Terms of Service. Other than as expressly allowed herein, you may not (i) download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works of, port, translate, localize, market, sell, lease, license, sublicense, offer as a service or otherwise exploit the Service or the intellectual property rights pertaining thereto or (ii) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Service or intellectual property rights pertaining thereto by any means whatsoever, or disclose any of the foregoing. You may not alter, edit, delete, remove, obscure, change the meaning or appearance of, or repurpose, any aspect of the Service or the intellectual property rights pertaining thereto, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.
3. If you engage in any unauthorized use of the Service or the intellectual property rights pertaining thereto, you may violate copyright and other laws of the United States or other countries, as well as local and state laws and may be subject to liability for such unauthorized use, which may result in termination of this Agreement and other remedies.
4. The trademarks, logos, service marks, and trade names displayed on the Site or Mobile Application are registered and unregistered trademarks of Golf Genius Mobile, LLC or Golf Genius Software, Inc. and their Affiliates (collectively, the "Trademarks") and use of such Trademarks is strictly prohibited without the express written permission of the respective Trademark owners. Without limiting the generality of the foregoing, you shall not use the Trademarks in any manner that disparages or discredits Golf Genius Mobile, LLC or Golf Genius Software, Inc. or the respective Trademark owners. Nothing contained in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks.
5. Feedback and Suggestions. Users may provide feedback, suggestions, or ideas regarding the Site or Mobile Application ("Feedback"). By providing Feedback, the User grants us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate the Feedback into the Site and Mobile Application or any other products or services we or our Affiliates offer. However, we are not obligated to implement any Feedback, and any implementation of Feedback is at our sole discretion.
Registration and Account. You may register to use the Service, and you may be asked to pay applicable fees. You are responsible for maintaining the confidentiality of your account information (including, without limitation, your username and password) and you agree to accept responsibility for all activities that occur under your account. You may terminate your registration by sending a message via email. To access the Services, you must create an account (“User Account”). During registration, Users are required to provide accurate and complete information. Users are responsible for maintaining and promptly updating their account information, including contact details, to ensure its accuracy and completeness. We reserve the right to suspend or terminate any User Account if the information provided is found to be inaccurate, incomplete, or misleading. Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their User Account. Users must take reasonable steps to protect their account credentials and notify us immediately of any unauthorized use or security breach. We will not be liable for any loss or damage arising from a User's failure to comply with these security obligations.
Fees and Payment. If you purchase the Service, you agree to pay all applicable fees associated with your User Account. You can purchase the Service either directly through our Site or you can purchase the Service on the Mobile Application via your IOS or Android device on Apple, Google, or other application delivery platform. If you purchase the Service directly through us, we will automatically charge your credit card for all applicable fees. If you purchase the Service through an application delivery platform, you will be required to pay all applicable fees under the rules of that platform. Unless otherwise expressly stated in these Terms of Service or the rules of the applicable application delivery platform, all fees and charges are nonrefundable. In the event of late payment, we reserve the right to suspend Service access until payment is received and assess a reasonable late fee and/or interest on the outstanding balance applied to overdue accounts. Repeated late payments may result in termination of the subscription. Your initial subscription fees will be billed at the beginning of your subscription. Renewal fees will be billed on a periodic basis depending on the length of your subscription. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. In the event legal action is necessary to collect balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
User Conduct.
1. While using the Service, in addition to the restrictions set forth elsewhere in these Terms of Service and any supplementary terms and conditions that may be posted or otherwise made available in connection with particular components or features of the Service, you agree that you will not:
  - impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  - attempt to obtain unauthorized access to other computer systems, materials, information or services through any means, including, without limitation, accessing fee-based components or features of the Service through a free account;
  - use the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service;
  - engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses or other personal information or any other automatic or unauthorized means of accessing, logging-in or registering or obtaining lists of users or other information from or through the Service, or on any server or database connected to the Service;
  - submit, post, upload, send or otherwise transmit any information or material which constitutes or contains a virus, spyware or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
  - use the Service in violation of our, our Affiliate's or any third party's intellectual property or other proprietary or legal rights; or in violation of any applicable law.
2. Your use of the Site or Mobile Application is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Site or Mobile Application. By posting information in or otherwise using any communications or other interactive service that may be available to you on or through the Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that:
  - is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  - victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or other protected class;
  - is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  - infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity;
  - constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  - contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  - creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person, or to any animal; or
  - includes a photograph of another person that you have posted without that person’s consent.
3. You agree that we may at any time, and at our sole discretion, terminate your subscription or access to the Site or Mobile Application without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
User Content.
1. Posting User Content. Unless specifically requested, we will not solicit, nor do we wish to receive, any confidential, secret, or proprietary information or other material from you through the Service, including, but not limited to, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials, score entries, videos, statistics, and data for the purpose of receiving coaching feedback and video instruction, comments, discussions, and other personal or non-personal information submitted, posted, uploaded, sent or otherwise transmitted by a User to, on or through the Service ("User Content") will not be deemed to be confidential or secret. Users may also access and utilize features that allow for the sharing of User Content with other Users, provided such use complies with the terms of this Agreement. By submitting, posting, uploading, sending or otherwise transmitting User Content to, on or through the Service, each User: (i) represents and warrants that either (A) the User Content is original to that User, that no other party, person or entity has any rights thereto, and that any "moral rights" in User Content have been waived or (B) the User has the necessary licenses, rights, consents, and permissions to use submit, post, upload, send or otherwise transmit such User Content to, on or through the Service, and (ii) grant us and our Affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable and assignable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, have made, and incorporate in other works any User Content (in whole or part) in any form, media, or technology now known or later developed solely for the purpose of providing the Service. We cannot be responsible for maintaining any User Content, and we may delete or destroy any such User Content at any time.
2. Monitoring User Content. We reserve the right, but do not have or assume any obligation, to monitor and review User Content, including, but not limited to, the right to disclose any User Content as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any User Content (in whole or in part) that we, in our sole discretion, find objectionable or in violation of these Terms of Service, our policies or applicable law.
3. Group Interaction. Users may upload User Content that may be intended solely for consumption by specific Users or may be intended for consumption by a User group. Users may join User groups on the Site or Mobile Application only in response to an invitation to join. User Content posted or uploaded by a User for a User group is accessible to other Users within that User group and may be shared or viewed by them. User Content that is intended to be a private communication (for example, between a coach and an athlete) should not be posted or uploaded to the User group but should be sent only to the intended recipient.
4. User Responsibility for User Content. Each User acknowledges and agrees that they are solely responsible for their User Content and the consequences of posting or publishing such content. Each User represents and warrants that they have all necessary rights and permissions to upload and share all their User Content, and that none of their User Content infringes on any third-party rights or violates any applicable laws or regulations. Each User shall indemnify, defend, and hold harmless Golf Genius Mobile, LLC and Golf Genius Software, Inc. and their Affiliates and subsidiaries and their respective directors, officers, shareholders, employees, representatives, business associates, suppliers, and agents ("Indemnified Parties"), from and against any damages, losses, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees (collectively, "Losses"), arising from that User's User Content and related to claims made by third parties alleging that User Content violates the third party's intellectual property or other rights. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to cooperate with our defense of such claim.
5. Reporting Inappropriate Content. We provide a mechanism for Users to report inappropriate, abusive, or infringing content. Users can report such content through the Site's or Mobile Application's reporting feature. We will review reported content and take appropriate action in accordance with our content policies. We do not assure that other Users will comply with the foregoing rules of conduct or any other provisions of these Terms of Service, and we are not responsible for any other User's non-compliance or User Content. We neither endorse nor assume any liability for the contents of any User Content or material uploaded or submitted by Users or third-party users of the Site or Mobile Application. We do not pre-screen, monitor, or edit the content posted by Users of communications services, User groups, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site or Mobile Application. However, we have the right to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of User conduct for our Site or Mobile Application or is otherwise inaccurate, misleading, harmful or objectionable to us or other Users. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
Privacy and Data Security.
1. Privacy Policy. In the course of your use of the Service you may provide certain information to us as part of the registration process or otherwise in the course of using the Service, including, without limitation, personally identifiable information, such as your name, phone number, email address, or that of Users who access the Service through your account such as your students or athletes, as well as other information concerning your account, and use of the Service (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in our privacy policy accessible on our Site and Mobile Application ("Privacy Policy"), which we may, in our sole discretion, amend from time to time. You acknowledge and agree that by using the Service, you accept the collection and use policies set forth in the Privacy Policy in effect from time to time. You further acknowledge and agree that you are solely responsible for: (i) the accuracy and content of User Information and (ii) if you are providing User Information about a third party to us, for obtaining any consents and authorizations of the applicable third party that may be required by applicable law before providing such User Information to us.
2. Data Collection. We only collect User Information to the extent necessary to support a legitimate business purpose in providing the Service and improving the Site and the Mobile Application and in compliance with our Privacy Policy. All data collection is conducted in compliance with applicable privacy laws and regulations.
3. Data Usage. The data we collect is used to enhance the User experience, provide personalized coaching feedback, and facilitate payment processing. We may also use aggregated and anonymized data for analytical purposes to improve the Site and Mobile Application. User Information will not be sold or shared with third parties without the User's explicit consent, except as required by law.
4. Data Security Measures. We employ industry-standard security measures to protect User Information, including encryption of User Information, payment information, and metadata both at rest and in transit, secure servers, and regular security audits. Access to User Information is restricted to authorized personnel only, and we continuously monitor our systems for potential vulnerabilities and attacks. We are PCI Level 3 compliant. All User Information is stored in third-party secure platforms hosted and operated by Amazon Web Services or Microsoft Azure, and each User, by using the Service, agrees that we may host the Service and that data on those and similar third-party hosting platforms. We take data security seriously and maintain data security designations and certifications consistent with industry standards.
5. Transparency and User Rights. We are committed to transparency regarding data practices. Users have the right to access, correct, or delete their personal data at any time in accordance with the Privacy Policy requirements of applicable law. We provide clear information on how data is collected, used, and protected and will notify Users of any significant changes to our privacy practices. Users can contact us for any inquiries or concerns regarding their data privacy rights.
6. Data Storage and Retention. We store User Information on secure servers located in the United States. After termination of a User's subscription, unless otherwise instructed, we will retain User data for twelve (12) months or the period required by applicable law, after which period, we may, but are not obligated to delete that data. Personal data that is not deleted is securely anonymized. Certain data may be retained for longer periods as required by law or for legitimate business purposes.
7. Linking to a Site. You are not permitted to link directly to any image hosted on the Service, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on the Service on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other website to the Service in any manner such that the Service, or any page of the Service, is "framed," surrounded or obfuscated by any third-party content, materials or branding. We reserve all rights under applicable law to insist that any link to the Service be discontinued, and to revoke your right to link to the Service from any other website at any time.
Advertisements, Searches and Third-Party Sites. Our Site and Mobile Application may provide links to third-party web sites through the Service. We do not recommend and do not endorse any such third parties or the content on any third-party websites. We are not responsible for the content of linked third-party websites, sites framed within the Service, third-party websites provided as search results, or third-party advertisements; and we do not make any representations or warranties regarding their content, accuracy, compliance with state or federal law, including, without limitation, compliance with copyright and other intellectual property laws, or protection of any personally identifiable information provided to such third parties. Your use of third-party websites is at your own risk and subject to the terms and conditions of use and privacy policies for such websites. We do not endorse any product, service, or treatment advertised on the Service. You are responsible for ensuring your use of third-party content complies with applicable licenses and terms of use. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. We make no warranty regarding any third-party transactions executed through, or in connection with the Site or Mobile Application, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through our Site or Mobile Application from a third party is provided solely by such third-party, and not by us or our Affiliates. Further, we and our Affiliates shall not be liable in any way for third-party goods and services or for assistance in conducting commercial transactions through the Site or Mobile Application.
Third-Party Service Providers That Support Our Services.
1. Certain functionality available through or in connection with the Services may be provided by or through third-party providers of services used in connection with our Services (“Providers”), and you may be required to enter into additional agreements with such Providers in order to enable or access such functionality. Throughout this Agreement, the products and services provided by Providers are referred to as “Third-Party Services”, and the agreement(s) that you enter into with Providers with respect to Third Party Services are referred to as “Third-Party Terms.” We are not responsible for information you provide to Providers. We and the Providers are independent contractors and do not have authority to make any representations or commitments on behalf of one another. You acknowledge that the Services are designed for use with Third-Party Services and other third-party programs, including, without limitation, certain internet browser software programs. You will look solely to the developers and manufacturers of such programs with regard to warranty, maintenance or other support regarding the same. We make no warranty, express or implied, with regard to any such Third-Party Services or any other products or services provided or controlled by third parties.
2. You understand that we do not operate or control Third-Party Services and are not a party to any Third-Party Terms. All rules, policies (including privacy policies), security protocols, notices, safeguards, and operating procedures of Providers in effect during the term of these Terms of Service will apply to you while on such sites, including any restrictions and limitations on use of Third-Party Services. You agree to comply with all applicable and then-current legal obligations and security measures, including without limitation those issued by the United States Government, federal, state and municipal laws and ordinances. We do not provide and are not responsible for the Third-Party Services. The applicable Third-Party Terms will control with respect to the applicable Third-Party Services. Your use of Third-Party Services shall be subject to (and you agree you are bound by) such Third-Party Terms as they may be modified from time to time. You are responsible for checking for applicable updates to Third-Party Terms, and any use by you of any Third-Party Services following a change to the respective Third-Party Terms shall constitute acceptance of such change. You acknowledge that provision of a Third-Party Service may be subject to approval and acceptance by the Provider in its sole discretion. You further authorize us to accept Third-Party Terms on behalf of you and to otherwise act on behalf of you for any and all matters relating to, arising out of, or in connection with, the Third-Party Services and any applicable Third-Party Terms, including without limitation to authorize payment to Providers (which may include by debiting your bank account) for fees and amounts owed to such Providers under the applicable Third-Party Terms, if and as applicable. All actions, notices, communications, determinations, and acceptance of Third-Party Terms by or on behalf of you by us shall conclusively be deemed to have been authorized by, and shall be binding upon, you.
3. You acknowledge and agree that we have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed by any Provider. You hereby release and hold us harmless from any and all liability arising from your use of any of the foregoing. Providers do not endorse and are not responsible for our Services.
4. You hereby authorize us to share any information you provide to us with Providers, and you authorize each Provider to share your information with us, as may be reasonably required for you to use and access our Services and/or Third-Party Services. If you grant express permission to a Provider to take specific actions on your behalf, or access particular information about your Account, either through your use of the applicable Third-Party Service or through your Account or our Services, you acknowledge that we may disclose the information about your Account that is specifically authorized by you, to such Provider. You also acknowledge that granting permission to a Provider to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement.
5. In order to accept credit or debit card payments from your customers through our Services, you must agree to the applicable Third-Party Terms with the payment processor Provider (and/or its acquiring bank) (“Payment Processor”). All references to Providers under this Agreement also include Payment Processor. You also agree to be bound to the Stripe Connected Account Terms (Stripe Connected Account Agreement) and Stripe Terms of Service (Stripe Services Agreement - United States), if applicable. Fees apply to payments made via Stripe. Stripe's Standard Pricing is 2.90% + $0.30 per domestic card transaction (Pricing & Fees). CoachNow also applies a 0.50% technology fee to all transactions. Stripe deducts fees before settling payouts to you. Payout schedules, gross and net payments, and more can be accessed in your Stripe Dashboard. You understand that any transactions you submit to the Payment Processor through the services of our Site or Mobile Application are between you and your customer and any issues relating to the transactions shall be solely between you and your customer. Additionally, the processing services with respect to such transactions are performed by Payment Processor, not us. We are not responsible for tax receipts, lost payments, identity theft, chargebacks, card association assessments, fraud or refunds. Your submission of transactions for processing will be governed under the merchant agreement entered into between you and the Payment Processor. The funds processed in connection with your transactions will be settled to you by the Payment Processor. You understand and agree that we do not process, receive or hold funds from your customers at any time in connection with your submitted transactions and that we are not a bank, money transmitter, or other money services business (as such terms are defined by the Bank Secrecy Act or any state law). To the extent we are deemed to hold or receive funds (constructively or otherwise) from your customer at any point in time, you hereby irrevocably appoint us as your limited (and non- fiduciary) agent for the purpose of collecting, receiving, holding, and settling funds from your customer on your behalf.
6. YOU AGREE THAT THE USE OF THIRD-PARTY SERVICES IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS OR AGREEMENTS BETWEEN CUSTOMER AND PROVIDERS OR FOR ANY INFORMATION APPEARING ON PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE.
7. You warrant that you have taken such precautions as are necessary to ensure that your data and your customers’ data is protected and that its electronic systems are secure from breach, intrusion, or compromise by any unauthorized third parties. In the event that your system is breached and an unauthorized third party has access to or has accessed customer data or transaction data, you must notify the designated parties as required under any applicable laws or industry guidelines and shall immediately notify us and Provider of such breach and take such prompt action and precautions as necessary to prevent any continuous or additional breach.
Notice of Content Removal Procedure; Copyright Agent. Copyright owners may report alleged infringements of their works that are posted on the Site or Mobile Application by sending to our authorized agent a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act ("DMCA"), including the following information:
- identification of the material that the owner believes to be infringing and its location, describing the material and providing the URL or any other pertinent information that will allow us to locate the material;
- the owner’s name, address, telephone number and (if available) e-mail address;
- a statement that the owner has a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
- a statement that the information that the owner has supplied is accurate, and indicating that "under penalty of perjury," the owner is the copyright owner or is authorized to act on the copyright owner's behalf; and
- a signature or the electronic equivalent from the copyright holder or authorized representative.
  
  Upon receipt of a satisfactory notice of claimed infringement for such works, we will respond expeditiously to remove the allegedly infringing work(s).
  
  Copyright owners may send us a notification of claimed infringement to report alleged infringements of their works to:
  
  Golf Genius Mobile, LLC
  
  Attn: Privacy Officer
  
  311 Orchard Way
  
  St. Davids, Pennsylvania 19087
  
  Facsimile: 267 200 0130
  
  Email: info@coachnow.io
  
  Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to us, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
  
  If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to us. Upon our receipt of a counter notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
DISCLAIMER OF WARRANTIES.
1. THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, THOROUGHNESS, COMPLETENESS OR USEFULNESS OF THE SERVICE. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET USERS' REQUIREMENTS, THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS OR SERVICES, OR INFORMATION YOU OBTAIN FROM THE SITE OR MOBILE APPLICATION WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND HYPERLINKED WEBSITES. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR USE OF OR BROWSING IN THE SERVICE OR YOUR DOWNLOADING OF ANY CONTENT OF ANY KIND FROM THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE SITE OR MOBILE APPLICATION.
2. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SERVICE AT ANY TIME. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED REPRESENTATIVES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. YOU MUST EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
3. WE DO NOT STAFF MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS SITE OR MOBILE APPLICATION IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE, OR THE PROFESSIONAL ADVICE OF YOUR PHYSICIAN. COACHING IS INTENDED FOR USE ONLY BY HEALTHY INDIVIDUALS. BEFORE YOU BEGIN ANY FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE PROGRAM IS RIGHT FOR YOU. DO NOT START THIS OR ANY OTHER FITNESS EFFORT OR PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT NEITHER GOLF GENIUS MOBILE, LLC NOR ITS AFFILIATES CAN PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT IS PROVIDED TO YOU BY GOLF GENIUS MOBILE, LLC, OR ITS AFFILIATES SHOULD BE CONSTRUED AS SUCH. YOU ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FITNESS EFFORT OR PROGRAM.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LAW (INCLUDING, WITHOUT LIMITATION, CONTRACT OR IN TORT) ARISING IN ANY WAY OUT OF YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE, OR THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICE DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Term; Termination of Access and Use. These Terms of Service commence on the date you accept these Terms of Service and will remain in effect until your subscription period ends or we terminate these Terms of Service (whichever is earlier) (“Term”)
1. Subscription Plans. We offer various subscription plans to cater to the diverse needs of our Users. Each plan provides access to specific features and services within the Site and Mobile Application. Users can choose a plan that best suits their requirements, and details of each plan, including pricing and features, are available on our Site and in the Mobile Application. Subscription plans are subject to change. We will notify Users of any modifications to the plans or pricing before those modifications go into effect.
2. Payment Methods. Payments for subscriptions are processed through a secure payment gateway. Users must provide valid payment information to initiate and maintain their subscriptions. We accept major credit cards and other payment methods as specified on the Site and Mobile Application. By providing payment information, each User authorizes us and our Affiliates to charge the applicable subscription fees to the User's credit card or chosen payment method. If you purchase a subscription through an application platform, you will be required to comply with the terms and conditions of the platform's payment methods.
3. Automatic Renewal. Subscriptions automatically renew at the end of each billing cycle for successive terms equal to the term in effect at the time of the renewal (each a "Renewal Term"). For example, if your subscription term is annual, then the subscription will automatically renew annually for successive one-year terms. If your subscription term is monthly, then the subscription will automatically renew monthly for successive one-month terms. Notwithstanding the automatic renewals, if a User purchased a subscription directly through us, the User may elect not to renew the subscription by canceling the subscription either in writing or by the methods permitted on the Site or Mobile Application at least ten (10) days prior to the date that the subscription would otherwise automatically renew in order to avoid being billed subscription fees for the Renewal Term. The cancellation will be effective as of the end of the then applicable Term or Renewal Term. If a User purchased a subscription through an application platform, the User may terminate the subscription upon the terms, conditions, and methods offered by the platform. Upon termination, the User will not be entitled to any refund of fees paid for the current Term or Renewal Term, as all payments and authorized or committed future payments are non-refundable. By providing your payment information and by not canceling your subscription within the ten (10) day period prior to the date that the subscription would automatically renew, you will be deemed to have committed to maintain the subscription in accordance with this Agreement for the entirety of the next ensuing Renewal Term and to have authorized us to withdraw charge all subscription fees then due for the Renewal Term against your credit card or other authorized payment method. You agree that until your subscription is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Service. If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
4. Our Termination Rights. We may terminate, change, suspend or discontinue any aspect of the Service at any time. We may restrict, suspend or terminate any User's access to or use of the Service if we believe the User is in breach of our terms, policies, and conditions or applicable law, the User provides inaccurate, incomplete, or misleading information, the User engages in fraudulent or illegal activities, the User does not pay fees or charges when due, the User's account suffers extended periods of inactivity, we receive multiple instances of reported abuse or misconduct on the User's part, or any other reason we deem necessary to protect the integrity of the Service, Site or Mobile Application and its Users without notice or liability. We may also elect to non-renew any User's subscription for any Renewal Term by providing written notice of non-renewal, for any reason or no reason at least ten (10) days prior to the expiration of the then applicable term.
5. Effect of Termination. Upon termination of your subscription or these Terms of Service for any reason, you must cease all use of the Service, and we will terminate your access to the Service. Termination of your subscription or these Terms of Service for any reason shall not limit any of our rights or remedies at law or in equity. In addition, unless you ask us to delete or return User Information that belongs to you, we will keep your personal data on file for twelve (12) months or such period as is required by applicable law. After the expiration of that period, we shall have the right, but not the obligation to delete all your User Information, and by agreeing to this Agreement, you authorize us to delete all your User Information at that time if you do not provide other reasonable instructions that are consistent with your rights under applicable law.
Access Outside of the United States. We are based in the Commonwealth of Pennsylvania, in the United States of America with principal offices in St. Davids, Pennsylvania. We make no claim that the Service or any of its content are appropriate or may be downloaded or accessed outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Applicable law and Jurisdiction. These Terms of Service are governed by the laws of the Commonwealth of Pennsylvania. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms of Service. If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained in these Terms of Service shall not be impaired thereby, it being intended that all of the rights and privileges of the parties hereto shall be enforceable to the fullest extent permitted by law. If any court determines that any of the provisions of these Terms of Service, or any part thereof, are unenforceable for any reason, such provision shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. All parties to these Terms of Service waive their respective rights to a trial by jury. You agree that any cause of action you may have arising out of or related to these terms of service or the service must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred. You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Service, resides in the state and federal courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in the Commonwealth of Pennsylvania in connection with any such dispute involving us or its affiliates and subsidiaries, and its and their respective directors, officers, shareholders, employees, representatives, business associates, suppliers and agents.
Confidentiality/Non-Disclosure
1. Confidential Information. “Confidential Information” means (i) any information to which any User is granted access, learns or receives regarding us or our Affiliates, our or our Affiliates’ products or services, and (ii) any information, including, but not limited to, business and marketing plans, technology and technical information, product plans and designs, and business processes, disclosed by us or revealed as a result of the Service; provided, however, that Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed with respect to that information, (ii) was known by User prior to its disclosure by us, (iii) is received from a third party without breach of any obligation owed to us, or (iv) was independently developed by User without the use of or reference to the Confidential Information.
2. Disclosure Prohibited. Users shall not use or disclose any Confidential Information for any purpose other than as expressly approved by us in writing. Users shall use the same degree of care that they use to protect their uses to protect their own confidential information (but not less than reasonable care)./
3. Remedies. Unauthorized disclosure or use of Confidential Information may give rise to irreparable injury, which may not be adequately compensated by damages. In the event of a breach or threatened breach of this Section 17, significant harm may result for which there may be no adequate remedy at law, and we shall be entitled to seek a preliminary injunction and a temporary restraining order or such other equitable relief as may be necessary to protect our interests without the necessity of posting a bond or other security and without any requirement to prove damages. Such remedy shall be in addition to, and not a limitation upon any other remedy which may be available under contract, at law or in equity, including damages.
Arbitration. You agree that we may elect to resolve any controversy or claim arising out of or relating to these Terms of Service by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., applies to all disputes arising out of these Terms. Any such controversy or claim shall be arbitrated in Philadelphia, Pennsylvania on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. You and we shall each pay an equal portion of the arbitration fees and costs. The arbitration shall be conducted by a single arbitrator appointed by the AAA unless the parties agree to an arbitrator. The arbitrator's decision shall be final and binding on all parties and may be enforced in any court of competent jurisdiction. Evidence submitted in the arbitration shall be confidential and shall be limited to be consistent with the complexity of the issues in the case and amount at issue. All arbitration proceedings and any related documents shall be and remain confidential, except as may be necessary to enforce the arbitrator's decision or as required by law. Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the transactions contemplated hereby shall be resolved on an individual basis through binding arbitration and not as part of a class, collective, or representative action. The arbitrator shall have no authority to consolidate or join the claims of other Members or to proceed as a representative or member of any class. The arbitrator shall be authorized to determine the arbitrability of any claim.
Notices. Except as explicitly stated otherwise, any notices shall be given by email to info@coachnow.io or such other address as either party may specify. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails shall satisfy any legal requirement that communications be made in writing. We may also provide generally applicable notices to Users by posting the notice to the Site or Mobile Application.
Entire Agreement. Unless a separate agreement exists between the User and us, these Terms of Service and the Privacy Policy constitute the entire understanding between us and each User regarding the use of the Service, Site, and Mobile Application and supersedes all prior agreements, understandings, or representations, whether written or oral, related to its subject matter. Any amendments or modifications to this Agreement must be in writing and signed by both parties.
Severability. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Agreement, and the remaining provisions shall continue in full force and effect. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, as closely as possible, the original intent and economic effect of the invalid provision.
Assignment. Users may not assign or transfer any rights or obligations under this Agreement without our prior written consent. We may assign or transfer our rights and obligations under this Agreement without restriction. Any attempted assignment or transfer in violation of this provision shall be null and void.
Attorneys Fees. In the event of any dispute arising out of or related to these Terms of Service, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with the dispute, in addition to any other relief to which it may be entitled. This includes, but is not limited to, fees and costs incurred in any arbitration, court proceeding, or alternative dispute resolution mechanism.
Force Majeure. Notwithstanding anything to the contrary herein, no Party shall be deemed to be in default of any provision of this Agreement or be liable to another Party for any delay, error, failure in performance or interruption of performance due to any act of God, war, insurrection, acts of terrorism, riot, boycott, strike, interruption of power service, interruption of Internet or communications service, labor or civil disturbance, epidemics, pandemics, or business or service interruption due to government action, restrictions, quarantines or, mandated reduced workforce or similar circumstances in connection therewith, or other acts of any other person not under its control.
Third Party Beneficiary. These terms constitute a separate and distinct contract between each User and Golf Genius Mobile, LLC. Each User agrees that it may enforce these terms solely with respect to its own rights and remedies, and not on behalf of any other User. Furthermore, no User shall be considered a third-party beneficiary of any other User's agreement or any Separate Agreement between another User and us and no rights or remedies under these terms are intended to benefit any person or entity other than the specific User who has agreed to these Terms of Service.

These Terms of Service were last updated on July 15, 2025