TERMS OF SERVICE FOR FITMYGOLFCLUBS

Effective Date: November 21, 2025
Last Updated: November 21, 20251.

ACCEPTANCE OF TERMS

Welcome to FitMyGolfClubs!

These Terms of Service ("Terms") govern your access to and use of the FitMyGolfClubs mobile application (the "App") and website at fitmygolfclubs.com (collectively, the "Service").By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. Important: These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

2. ELIGIBILITY

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that: You are at least 13 years of age. You have the legal capacity to enter into these Terms. You will provide accurate and complete information when creating an account. You will comply with all applicable laws and regulations. If you are under 18, you must have permission from a parent or legal guardian to use the Service.

3. ACCOUNT CREATION AND SECURITY

3.1 Account RegistrationTo access certain features of the Service, you must create an account. You agree to:Provide accurate, current, and complete informationMaintain and update your information to keep it accurateMaintain the security of your passwordNotify us immediately of any unauthorized access to your accountTake responsibility for all activities that occur under your account

3.2 Account TerminationWe reserve the right to suspend or terminate your account at any time, with or without notice, for:Violation of these TermsFraudulent, abusive, or illegal activityExtended periods of inactivityRequests by law enforcement or government agenciesYou may delete your account at any time through the App settings or by contacting us at sean@fitmygolfclubs.com.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 Subscription PlansFitMyGolfClubs offers both free and paid subscription plans:Free Plan:Complete bag grading with overall scoreIndividual club letter gradesOne free detailed club analysis (driver)Limited recommendationsPremium Plan ($9.99/month or $96/year):All Free Plan featuresDetailed analysis for all clubsFull issue breakdownsPrioritized recommendationsEquipment shopping linksShaft and golf ball recommendationsPerformance data trackingUnlimited bag updates

4.2 Free Trial

We may offer a free trial period for Premium subscriptions (typically 7-14 days). You will not be charged during the trial period. After the trial ends, your subscription will automatically renew at the then-current subscription price unless you cancel before the trial period ends.

4.3 Billing and Automatic Renewal Payment Processing: All subscription payments are processed through Apple's App Store or Google Play Store. Your payment method will be charged through your Apple ID or Google Play account. Automatic Renewal: Subscriptions automatically renew at the end of each billing period (monthly or yearly) unless you cancel before the renewal date. You will be charged the then-current subscription price. Price Changes: We reserve the right to change subscription prices at any time. Price changes will take effect at the start of your next billing cycle. We will notify you of price changes at least 30 days in advance.

4.4 Cancellation. You may cancel your subscription at any time through: Your Apple App Store account settings (iOS users)Your Google Play Store account settings (Android users)Cancellation will take effect at the end of your current billing period. You will retain access to Premium features until that time. No refunds will be provided for partial months or years.

4.5 Refund Policy. All subscription purchases are final and non-refundable except as required by law or as explicitly stated in these Terms. Exceptions: Technical issues preventing use of the Service (we will work to resolve within 7 days)Billing errors (incorrect charges will be refunded)Applicable consumer protection laws in your jurisdiction. Refund requests must be submitted to sean@fitmygolfclubs.com within 14 days of the charge with a detailed explanation.

5. USE OF THE SERVICE

5.1 License GrantSubject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

5.2 Prohibited Uses. You agree not to: Use the Service for any illegal purpose or in violation of any lawsViolate or infringe upon the intellectual property rights of othersTransmit any viruses, malware, or harmful codeAttempt to gain unauthorized access to any part of the ServiceInterfere with or disrupt the Service or serversUse any automated means to access the Service (bots, scrapers, etc.) Reverse engineer, decompile, or disassemble the AppResell, redistribute, or sublicense the ServiceCreate derivative works based on the ServiceRemove or modify any proprietary notices Use the Service to harm minors in any way Impersonate any person or entityCollect or store personal data about other users5.3 User ContentWhen you upload photos of golf clubs or provide performance data, you retain ownership of that content. However, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and display that content solely for the purpose of providing the Service.You represent and warrant that:You own or have the right to upload all content you submitYour content does not violate any laws or third-party rightsYour content does not contain viruses or malicious code

6. AI-POWERED RECOMMENDATIONS

6.1 Nature of Recommendations FitMyGolfClubs uses artificial intelligence and proprietary algorithms to analyze your golf equipment and provide recommendations. These recommendations are: Educational in nature: Designed to help you understand your equipment Not professional advice: We are not professional club fitters or golf instructors Based on available data: Limited to the information you provide Subjective: Results may vary based on individual playing style and preferences

6.2 No Guarantees

We do not guarantee that: Our recommendations will improve your golf game Equipment changes will result in better performance AI identification of clubs will be 100% accurate Our analysis matches professional club fitting results Golf performance depends on many factors including skill, practice, physical conditioning, and course conditions. Equipment is only one component.

6.3 Professional Consultation For official club fitting or personalized instruction, we recommend consulting with certified professionals such as: PGA-certified club fitters Golf equipment manufacturers' fitting centers Licensed golf instructors7. AFFILIATE RELATIONSHIPS AND THIRD-PARTY LINKS

7.1 Affiliate Disclosure

FitMyGolfClubs participates in affiliate programs with golf equipment retailers including Amazon Associates, GlobalGolf, Golf Galaxy, and PGA Tour Superstore. When you click on equipment recommendations and make a purchase, we may earn a commission at no additional cost to you.Our recommendations are based on our proprietary analysis algorithms and are not influenced by affiliate commission rates.

7.2 Third-Party WebsitesThe Service may contain links to third-party websites. We are not responsible for:The content, accuracy, or practices of third-party sitesProducts or services purchased from third partiesPrivacy practices of third-party sitesTransactions between you and third partiesYour interactions with third parties are solely between you and that third party.

8. INTELLECTUAL PROPERTY

8.1 Our Intellectual Property

‍The Service, including all software, algorithms, content, features, and functionality, is owned by FitMyGolfClubs and protected by copyright, trademark, patent pending, trade secret, and other intellectual property laws. Our proprietary technology includes: Handicap-based outlier removal algorithms (Patent Pending) Equipment grading methodologies AI recommendation engines Favorite club interpolation system (Patent Pending)User interface designs Brand assets (logos, name, taglines)Patent Pending Notice: Certain features and technologies used in FitMyGolfClubs are the subject of pending patent applications. Unauthorized use, reproduction, or distribution of our proprietary algorithms and methodologies may violate patent law.

8.2 Trademarks

FitMyGolfClubs, our logo, and other marks are trademarks of FitMyGolfClubs. You may not use our trademarks without our prior written permission.

8.3 Copyright InfringementIf you believe your copyright has been infringed, contact us at sean@fitmygolfclubs.com with:Description of the copyrighted workLocation of the infringing materialYour contact informationA statement of good faith beliefA statement of accuracy under penalty of perjuryYour physical or electronic signature

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1 Service Provided "As Is"THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:MERCHANTABILITYFITNESS FOR A PARTICULAR PURPOSENON-INFRINGEMENTACCURACY, RELIABILITY, OR COMPLETENESSUNINTERRUPTED OR ERROR-FREE OPERATION

9.2 Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, FITMYGOLFCLUBS SHALL NOT BE LIABLE FOR:INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGESLOSS OF PROFITS, REVENUE, DATA, OR GOODWILLCOST OF SUBSTITUTE GOODS OR SERVICESDAMAGES RESULTING FROM EQUIPMENT PURCHASES BASED ON OUR RECOMMENDATIONSDAMAGES FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNTOUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS LESS.

9.3 ExceptionsSome jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. INDEMNIFICATIONYou agree to indemnify, defend, and hold harmless FitMyGolfClubs, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:Your use of the ServiceYour violation of these TermsYour violation of any laws or third-party rightsYour User ContentYour equipment purchase decisions

11. DISPUTE RESOLUTION AND ARBITRATION

11.1 Informal Resolution
Before filing a claim, you agree to contact us at sean@fitmygolfclubs.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

11.2 Binding Arbitration
If informal resolution fails, you agree that any dispute arising from these Terms or the Service will be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) rules. Key Terms: Arbitration will be conducted in Portland, Maine The arbitration will be conducted in English One arbitrator will be selected The arbitrator's decision is final and binding Each party pays their own attorney's fees11.3 Class Action Waiver YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION.11.4 Small Claims CourtEither party may bring an individual action in small claims court instead of arbitration.11.5 Opt-OutYou may opt out of arbitration by sending written notice to sean@fitmygolfclubs.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.12. GOVERNING LAWThese Terms are governed by the laws of the State of Maine, United States, without regard to conflict of law principles. Any dispute not subject to arbitration will be resolved in the state or federal courts located in Cumberland County, Maine.

13. CHANGES TO TERMS
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We reserve the right to modify these Terms at any time. When we make changes, we will:Update the "Last Updated" date at the top of these Terms. Notify you via email or in-app notification for material changesProvide you the opportunity to review the changes before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

14. TERMINATION

We may terminate or suspend your access to the Service immediately, without prior notice, for:Breach of these TermsFraudulent or illegal activity. Requests by law enforcement. Discontinuation of the ServiceUpon termination: Your right to use the Service immediately ceases. We may delete your account and dataYou remain liable for any amounts owed. Provisions that should survive termination will remain in effect

15. MISCELLANEOUS15.1 Entire AgreementThese Terms, together with our Privacy Policy, constitute the entire agreement between you and FitMyGolfClubs regarding the Service.

15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.15.4 Assignment. You may not assign these Terms without our written consent. We may assign these Terms without restriction.

15.5 Force Majeure
We will not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or technical failures.

15.6 Survival Provisions that should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will remain in effect.

16. CONTACT INFORMATION

If you have questions about these Terms, please contact us:Email: sean@fitmygolfclubs.com
Contact Form: https://fitmygolfclubs.webflow.io/#form
Mailing Address: 51 George Street, Portland, Maine 04103

‍Response Time: We aim to respond to all inquiries within 48 hours.

‍Last Updated: November 21, 2025
Version: 1.0