These Terms of Service ("Terms") govern your access to and use of Aftershot, a voice-first golf journaling app and related websites (collectively, the "Service") operated by Cloud99 Designs, LLC ("Aftershot," "we," "us"). By creating an account, installing the app, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Beta service
Aftershot is currently offered as a closed beta. The Service is under active development and is provided on an "as is" and "as available" basis. Features may change, break, or be removed without notice; data may be reset during the beta period; and we make no commitment that the Service will be uninterrupted, error-free, or fit for any particular purpose. We may end the beta or convert the Service to a paid offering at any time.
2. Eligibility and accounts
You must be at least 13 years old to use Aftershot. If you are under the age of majority in your jurisdiction, you confirm that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
You are responsible for the accuracy of the information you provide, for keeping your login credentials secure, and for all activity under your account. Notify us promptly at hello@aftershotgolf.com if you suspect unauthorized access.
3. Subscriptions and billing
Aftershot may offer paid subscriptions or in-app purchases. If you purchase a subscription:
- billing is processed through the Apple App Store or Google Play and is governed by their terms;
- subscriptions automatically renew at the price and interval disclosed at the time of purchase unless you cancel before the renewal date;
- you can cancel or manage your subscription at any time through your App Store or Google Play account;
- refunds, where available, are issued in accordance with App Store and Google Play policies and applicable law.
Beta access is currently provided at no charge. We will give advance notice before introducing paid features to existing beta users.
4. Your content
"Your Content" means everything you upload, record, or otherwise submit to the Service, including voice recordings, transcripts, scores, hole-by-hole data, notes, tags, and profile information.
You retain ownership of Your Content. By using the Service, you grant Aftershot a worldwide, non-exclusive, royalty-free license to host, store, transmit, transcribe, process, analyze, display, and otherwise use Your Content for the limited purpose of operating and improving the Service for you. This license ends when you delete Your Content or your account, except for backups retained for a commercially reasonable period and content that we are required to retain by law.
You are solely responsible for Your Content and represent that you have the rights necessary to submit it and to grant the license above.
5. AI-generated outputs
Aftershot uses third-party AI models to transcribe your audio and generate round summaries, statistics, and coaching insights. AI outputs are best-effort and may be inaccurate, incomplete, or inconsistent. You should not rely on them as professional advice (including coaching, medical, financial, or other advice), and you are responsible for any decisions you make based on them.
Subject to your compliance with these Terms, you may use the outputs the Service generates for you for your personal, non-commercial golfing purposes.
6. Acceptable use
You agree not to:
- use the Service in violation of any law or third-party right;
- upload content that is unlawful, infringing, defamatory, or that contains another person's personal data without their consent;
- attempt to reverse-engineer, decompile, scrape, or otherwise extract data or models from the Service, except where this restriction is prohibited by law;
- interfere with or disrupt the Service or our infrastructure, including by transmitting malware, excessive automated traffic, or attempting unauthorized access;
- use the Service to develop a competing product or to train a machine-learning model;
- resell, sublicense, or otherwise commercially exploit the Service without our written consent.
7. Third-party services
The Service relies on third-party providers (including those listed in our Privacy Policy) and may link to websites or content we do not control. We are not responsible for the availability, content, or practices of those services, and your use of them is governed by their own terms.
8. Termination
You may stop using the Service at any time and delete your account from the app settings or by emailing hello@aftershotgolf.com.
We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if continued provision of the Service to you would create a risk to us or other users. Sections that by their nature should survive termination (including ownership, disclaimers, limitations of liability, and dispute provisions) will survive.
9. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that AI outputs will be accurate.
10. Limitation of liability
To the fullest extent permitted by law, Aftershot and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our aggregate liability arising out of or related to the Service will not exceed the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). Some jurisdictions do not allow these limitations, so they may not apply to you.
11. Indemnification
You will defend, indemnify, and hold harmless Aftershot and its affiliates from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Your Content, (b) your use of the Service, or (c) your violation of these Terms or applicable law.
12. Governing law and disputes
These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws rules. The exclusive venue for any dispute that is not subject to arbitration or small-claims court will be the state and federal courts located in Multnomah County, Oregon, and you consent to personal jurisdiction in those courts.
You and Aftershot agree to first attempt to resolve any dispute informally by contacting hello@aftershotgolf.com. If a dispute cannot be resolved within 30 days, either party may pursue formal proceedings.
13. Changes to the Service and these Terms
We may modify the Service at any time. We may also update these Terms from time to time. When we make material changes, we will update the "Effective" date above and, where appropriate, notify you in the app or by email. Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not agree, stop using the Service and delete your account.
14. Apple-specific terms
If you downloaded the Aftershot app from the Apple App Store, you acknowledge that these Terms are between you and Aftershot only, and not with Apple. Apple has no obligation to provide maintenance or support for the app. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is a third-party beneficiary of these Terms and may enforce them against you.
15. Miscellaneous
These Terms, together with our Privacy Policy, are the entire agreement between you and Aftershot regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce a right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
16. Contact
Questions about these Terms can be sent to hello@aftershotgolf.com.
Cloud99 Designs, LLC
Portland, Oregon, USA