Terms and Conditions

Effective date: June 08, 2020

Spec Golf, operated by Flipping Leaf LLC, ("us", "we", "our", "the Company") operates the website and the Spec Golf Swing Analyzer mobile application (the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, including those set forth in the Privacy Policy (the “Terms”). These Terms apply to all visitors, users and others who access or use the Service. By accessing, using or downloading any materials from the Service, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. We and our third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this Service at any time without notice.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Payments

If you choose to buy Spec Pro, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, in-app purchase using your iTunes account, or any other payment method made available by us) (“Payment Method”). You will immediately be charged for these fees after you tap to buy a Spec Pro. You agree to pay all fees incurred.

Fees and Renewals

All subscription fees are payable in advance. Subscription fees will be billed automatically to the Payment Method at the start of the period, as applicable, and will auto-renew until your membership is terminated. The renewal subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize us to charge your Payment Method for the appropriate subscription charges and fees and for any other purchases you elect to make via the Service. We reserve the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this Service. If you upgrade your subscription or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. All purchases are final and no refund will be given for unused portions of your initial or any subscription period.

Fees and Renewals

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

Cancellation

You may cancel your subscription by visiting the subscription management options within watchOS/iOS. The cancellation of a membership will go into effect at the end of your current billing cycle, and you will have the same level of access to the Service through the remainder of such billing cycle. When your subscription ends, your account will enter free mode. No refunds or credits will be provided by us upon cancellation. You can renew your subscription anytime without opening a new account, provided that additional fees may apply if you decide to upgrade to a higher tier subscription at a later date.

User conduct

You are solely responsible for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Service or its contents. You agree to immediately notify us of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to us.

You acknowledge, consent and agree that we may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of us, its users and the public. Subject to the foregoing, we will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.

The Service is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service.

Disclaimer Of Liability

In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

You expressly agree that the Company is not providing medical advice via the Service. The content provided through the Service, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. Should you have an emergency, call your physician or 911 immediately. You should never disregard medical advice or delay in seeking medical advice because of any content presented on this Service, and you should not use the Service or any content in the Service for diagnosing or treating a health problem. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and the Company.

You expressly agree that your athletic activities, which generate the content you post or seek to post on the Service (including but not limited to Golfing) carry certain inherent risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of the Company or by the action, inaction or negligence of others. You also expressly agree that the Company does not assume responsibility for the inspection, supervision, preparation, or conduct of any outing, contest, group event that utilizes the Company's Service.

You expressly agree to release the Company its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability connected with your athletic activities, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your athletic activities. You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the Service, (b) your use or misuse of equipment or programs created or licensed by the Company while engaged in athletic activities, (c) your dealings with third party service providers or advertisers available through the Service, (d) any delay or inability to use the Service experienced by you, (e) any information, software, products, services or content obtained through the Service, whether based on contract, tort, strict liability or otherwise, even if the Company has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Company, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

Spec Golf strives to respond to support requests within 48 hours after the request is placed.

If you have any questions regarding these Terms, please contact us by email at [email protected].