This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”), the developer of the Scratch Ai app service (the “App”, “Service” or “Services”), and the entity or person agreeing to these terms (the “Customer,” “You” or “Your”), and governs the Customer’s access to and use of the Services.
For purposes of this Agreement, “Assets” means any content, materials, golf swing analyses, feedback, recommendations, training plans, AI-generated outputs, visuals, reports, scores, graphics, videos, data, software components, or other information generated, provided, or made available through the Services, whether created by Us, generated by automated systems, or supplied by third parties.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the “Effective Date”) or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Service Availability and Quality
We are constantly improving the Services to make them better. The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Age Requirements
By accessing the Services, You confirm that You are at least 18 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to Our terms, Your parent or guardian must agree to Our terms on Your behalf. In such case, please ask Your parent or guardian to read these terms with You.
If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You, and You are responsible for Your teenager’s activity on the Services.
Your Information
By using the Services, You may provide Us with personal information like Your email address, user name, billing information, and other information that You enter. Please see Our Privacy Policy.
Prohibited Uses
We reserve the right to suspend or ban Your access to the Services at any time, and for any reason.
You may not:
Use the Services for competitive research or to build a competing product or service;
Upload videos or content that You do not have the right, permission, or lawful authority to submit, including content featuring other individuals without their consent;
Upload any content that is not related to golf swing analysis or that is misleading, irrelevant, or intended to disrupt the Services;
Use any swing analysis, feedback, or training plan generated by the Services as the sole basis for medical, health, or physical training decisions;
Misrepresent the Services’ outputs as professional golf instruction or as guaranteed to improve performance;
Reverse engineer, decompile, or attempt to extract the underlying algorithms or models used in the Services;
Use automated tools, bots, or scripts to access, interact with, or extract data from the Services;
Share Your account or allow multiple users to access the Services through a single account;
Violate these Terms of Service or any other policies applicable to the Services;
Violate the privacy, publicity, or other rights of any third party;
Upload or distribute content that is unlawful, harmful, abusive, harassing, defamatory, obscene, or otherwise objectionable;
Interfere with, disrupt, or attempt to gain unauthorized access to the Services, servers, or networks connected to the Services;
Access or obtain any materials or information through any means not intentionally made available by the Services;
Use the Services for fully automated decision-making that could adversely impact an individual’s legal rights or create binding obligations;
Use the Services in any way that violates any applicable national, federal, state, local, or international law or regulation; or
Attempt to do any of the foregoing.
We reserve the right to investigate complaints or reported violations of Our Terms of Service and to take any action We deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Informational & No Professional Instruction Disclaimer
The App provides automated golf swing analysis, feedback, recommendations, and custom training plans for informational and entertainment purposes only. The App does not provide professional golf instruction, coaching, medical advice, fitness advice, or physical therapy advice, and is not a substitute for in-person instruction from a qualified golf professional, coach, physician, physical therapist, or other qualified professional.
You acknowledge that any feedback, analysis, drill, recommendation, swing tip, training plan, or other output provided by the App may be incomplete, inaccurate, unsuitable, or inappropriate for Your specific swing, skill level, physical condition, equipment, practice environment, or other circumstances.
The App may ask You to answer questions regarding Your golf swing, ball flight, common misses, goals, physical limitations, or other information. You are solely responsible for the accuracy, completeness, and truthfulness of any information You provide. Inaccurate, incomplete, or misleading answers may result in inaccurate or less useful analysis, recommendations, or training plans.
No Guarantee of Results
The App may provide a custom 7-day plan, drills, practice recommendations, or other training guidance. You understand and agree that such content is generated for general informational purposes and does not guarantee any specific improvement in swing mechanics, distance, accuracy, consistency, scoring, handicap, performance, physical condition, or golf results.
Results may vary significantly based on individual ability, practice, physical condition, physical limitations, equipment, environment, and adherence to any recommendations.
Assumption of Risk & Physical Activity Disclaimer
Golf, golf practice, swing drills, exercise, and related physical activities involve inherent risks, including but not limited to muscle soreness, strain, sprains, falls, impact injuries, aggravation of pre-existing conditions, and other personal injury. You voluntarily assume all risks associated with using the App, practicing golf, performing drills, implementing recommendations, or relying on any Assets generated by the App.
You should not perform any drill, movement, exercise, or recommendation if You experience pain, dizziness, discomfort, unsafe conditions, or any other concern. You should consult a physician or other qualified professional before beginning or changing any physical activity, practice routine, or training plan, especially if You have any medical condition, injury, limitation, disability, or concern.
User-Generated Content (Video Uploads)
The App may allow You to upload golf swing videos, including down-the-line and face-on videos, and other related content (collectively, “User Content”). You represent and warrant that You own or have all necessary rights, permissions, and consents to upload and submit any User Content through the App, including consent from any person appearing in such User Content.
You grant WhatsGoodApps a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, process, analyze, transmit, display, and create outputs from Your User Content solely as reasonably necessary to provide, maintain, operate, and improve the Services, including generating swing analysis, feedback, and custom training plans.
AI / Automated Analysis Disclaimer
The App may use automated systems, artificial intelligence, machine learning, computer vision, algorithms, or other automated technologies to analyze User Content and generate Assets. You acknowledge that automated analysis may contain errors and may not identify every relevant issue, cause, risk, or possible improvement in Your swing.
The App does not “see” or interpret golf swings in the same manner as a human instructor, and any automated analysis, classification, recommendation, or training plan may be inaccurate, incomplete, or unsuitable for You.
Video Quality & Accuracy Limitation
The accuracy and usefulness of the App’s swing analysis may depend on the quality, angle, lighting, framing, stability, resolution, completeness, and clarity of Your uploaded videos, as well as whether You follow the App’s recording instructions. WhatsGoodApps is not responsible for inaccurate, incomplete, or less useful analysis resulting from poor video quality, improper camera positioning, missing views, obstructed views, insufficient lighting, incomplete swings, failure to capture the full body or club, or failure to follow recording instructions.
User Responsibility for Implementation
You are solely responsible for how You interpret, use, rely on, or implement any swing analysis, feedback, drill, recommendation, or training plan provided by the App. WhatsGoodApps is not responsible for any injury, property damage, performance issue, negative outcome, or other loss arising from Your use of or reliance on any such analysis, feedback, drill, recommendation, or training plan.
Data Storage & Loss of Content
User Content, analysis results, reports, plans, history, or other Assets may be stored for convenience within the App. However, WhatsGoodApps does not guarantee permanent storage, backup, availability, or recoverability of any such content or outputs. If the App is deleted, Your device is changed, access is lost, data is deleted, or phone data is lost or corrupted, Your User Content, history, reports, plans, and other Assets may be permanently lost.
No Monitoring Obligation
WhatsGoodApps does not monitor all User Content and has no obligation to review, verify, validate, or confirm the accuracy, legality, safety, or appropriateness of any uploaded video, submitted information, generated analysis, or training plan.
Acceptable Use – Video Content
You agree not to upload User Content that is unlawful, harmful, abusive, misleading, unrelated to golf swing analysis, infringing, invasive of privacy or publicity rights, or otherwise violates these Terms. WhatsGoodApps reserves the right, but has no obligation, to remove or restrict access to any User Content at its discretion.
Non-Reliance Clause
You agree that You are not relying on the App as Your primary source of golf instruction, coaching, medical guidance, fitness guidance, or professional advice, and that any decision to use or implement the App’s outputs is made solely by You.
Beta / Evolving Technology
The App may include features that are experimental, evolving, or in development. WhatsGoodApps makes no guarantees regarding the accuracy, reliability, availability, or suitability of any such features.
Subscription Usage and Non-Cumulative Weekly Benefits
Certain features of the Services are offered on a subscription basis billed on a monthly cycle. During each active monthly subscription period, You are eligible to receive up to one (1) golf swing analysis and one (1) custom training plan per week.
Weekly analyses and training plans are made available on a per-week, use-it-or-lose-it basis. You may only receive one (1) analysis and one (1) training plan per week, regardless of whether You used the Services in prior weeks.
Unused weekly analyses or training plans do not accumulate, roll over, or carry forward within the same monthly subscription period or into any future subscription period. If You do not use the Services during a given week, that week’s analysis and training plan opportunity is forfeited and cannot be redeemed at a later time.
By subscribing, You acknowledge and agree that You are not entitled to receive multiple analyses or training plans for prior unused weeks, including but not limited to attempting to use multiple weeks’ worth of benefits at once.
Limitation of Liability
To the fullest extent permitted by law, WhatsGoodApps LLC and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including but not limited to loss of profits or any other financial losses) arising from:
Your use of or reliance on any golf swing analysis, feedback, recommendations, or training plans generated by the App.
Any inaccuracy, incompleteness, or error in swing analysis resulting from automated processing, including AI-based interpretation of User Content.
Any incorrect, incomplete, or misleading feedback caused by poor video quality, improper camera angles, lighting issues, or failure to follow recording instructions.
Any injury, physical strain, or damage resulting from performing drills, exercises, or recommendations provided by the App.
Any lack of improvement in golf performance, including but not limited to swing mechanics, distance, accuracy, or scoring.
Any misinterpretation or misuse of swing analysis, feedback, or training plans by the User.
Any loss, deletion, corruption, or unavailability of uploaded videos, analysis results, or training plans, including due to deletion of the App or loss of device data.
Any decisions or actions taken by the User based on the App’s analysis or recommendations.
Your use of or interaction with any Third-Party Services.
Both the Services and the Assets are provided to Customer on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Service and assume any risks associated with use of the Services.
The Service is not intended to provide financial or legal advice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHATSGOODAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO THE SERVICES; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnification
You will indemnify, defend and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including, reasonable attorneys’ fees) (“Claims”), arising out of and relating to (a) any Claims concerning information input by You, including User Content, (b) Your use of the Services, including Your access to, use of, sharing of, reliance on, or misuse of the Services, or (c) Your violation of these Terms of Service (including use of the Services in violation of these Terms of Service).
Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) (“Dispute”) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, pandemics or war.
Waiver and Severability
If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
California Residents Notice
If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210
Contact Information
Please direct all inquiries to support@whatsgoodapps.com.
Scratch Ai TOS
Terms of Service
Last updated May 6, 2026.
This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”), the developer of the Scratch Ai app service (the “App”, “Service” or “Services”), and the entity or person agreeing to these terms (the “Customer,” “You” or “Your”), and governs the Customer’s access to and use of the Services.
For purposes of this Agreement, “Assets” means any content, materials, golf swing analyses, feedback, recommendations, training plans, AI-generated outputs, visuals, reports, scores, graphics, videos, data, software components, or other information generated, provided, or made available through the Services, whether created by Us, generated by automated systems, or supplied by third parties.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the “Effective Date”) or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Service Availability and Quality
We are constantly improving the Services to make them better. The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Age Requirements
By accessing the Services, You confirm that You are at least 18 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to Our terms, Your parent or guardian must agree to Our terms on Your behalf. In such case, please ask Your parent or guardian to read these terms with You.
If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You, and You are responsible for Your teenager’s activity on the Services.
Your Information
By using the Services, You may provide Us with personal information like Your email address, user name, billing information, and other information that You enter. Please see Our Privacy Policy.
Prohibited Uses
We reserve the right to suspend or ban Your access to the Services at any time, and for any reason.
You may not:
Use the Services for competitive research or to build a competing product or service;
Upload videos or content that You do not have the right, permission, or lawful authority to submit, including content featuring other individuals without their consent;
Upload any content that is not related to golf swing analysis or that is misleading, irrelevant, or intended to disrupt the Services;
Use any swing analysis, feedback, or training plan generated by the Services as the sole basis for medical, health, or physical training decisions;
Misrepresent the Services’ outputs as professional golf instruction or as guaranteed to improve performance;
Reverse engineer, decompile, or attempt to extract the underlying algorithms or models used in the Services;
Use automated tools, bots, or scripts to access, interact with, or extract data from the Services;
Share Your account or allow multiple users to access the Services through a single account;
Violate these Terms of Service or any other policies applicable to the Services;
Violate the privacy, publicity, or other rights of any third party;
Upload or distribute content that is unlawful, harmful, abusive, harassing, defamatory, obscene, or otherwise objectionable;
Interfere with, disrupt, or attempt to gain unauthorized access to the Services, servers, or networks connected to the Services;
Access or obtain any materials or information through any means not intentionally made available by the Services;
Use the Services for fully automated decision-making that could adversely impact an individual’s legal rights or create binding obligations;
Use the Services in any way that violates any applicable national, federal, state, local, or international law or regulation; or
Attempt to do any of the foregoing.
We reserve the right to investigate complaints or reported violations of Our Terms of Service and to take any action We deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Informational & No Professional Instruction Disclaimer
The App provides automated golf swing analysis, feedback, recommendations, and custom training plans for informational and entertainment purposes only. The App does not provide professional golf instruction, coaching, medical advice, fitness advice, or physical therapy advice, and is not a substitute for in-person instruction from a qualified golf professional, coach, physician, physical therapist, or other qualified professional.
You acknowledge that any feedback, analysis, drill, recommendation, swing tip, training plan, or other output provided by the App may be incomplete, inaccurate, unsuitable, or inappropriate for Your specific swing, skill level, physical condition, equipment, practice environment, or other circumstances.
The App may ask You to answer questions regarding Your golf swing, ball flight, common misses, goals, physical limitations, or other information. You are solely responsible for the accuracy, completeness, and truthfulness of any information You provide. Inaccurate, incomplete, or misleading answers may result in inaccurate or less useful analysis, recommendations, or training plans.
No Guarantee of Results
The App may provide a custom 7-day plan, drills, practice recommendations, or other training guidance. You understand and agree that such content is generated for general informational purposes and does not guarantee any specific improvement in swing mechanics, distance, accuracy, consistency, scoring, handicap, performance, physical condition, or golf results.
Results may vary significantly based on individual ability, practice, physical condition, physical limitations, equipment, environment, and adherence to any recommendations.
Assumption of Risk & Physical Activity Disclaimer
Golf, golf practice, swing drills, exercise, and related physical activities involve inherent risks, including but not limited to muscle soreness, strain, sprains, falls, impact injuries, aggravation of pre-existing conditions, and other personal injury. You voluntarily assume all risks associated with using the App, practicing golf, performing drills, implementing recommendations, or relying on any Assets generated by the App.
You should not perform any drill, movement, exercise, or recommendation if You experience pain, dizziness, discomfort, unsafe conditions, or any other concern. You should consult a physician or other qualified professional before beginning or changing any physical activity, practice routine, or training plan, especially if You have any medical condition, injury, limitation, disability, or concern.
User-Generated Content (Video Uploads)
The App may allow You to upload golf swing videos, including down-the-line and face-on videos, and other related content (collectively, “User Content”). You represent and warrant that You own or have all necessary rights, permissions, and consents to upload and submit any User Content through the App, including consent from any person appearing in such User Content.
You grant WhatsGoodApps a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, process, analyze, transmit, display, and create outputs from Your User Content solely as reasonably necessary to provide, maintain, operate, and improve the Services, including generating swing analysis, feedback, and custom training plans.
AI / Automated Analysis Disclaimer
The App may use automated systems, artificial intelligence, machine learning, computer vision, algorithms, or other automated technologies to analyze User Content and generate Assets. You acknowledge that automated analysis may contain errors and may not identify every relevant issue, cause, risk, or possible improvement in Your swing.
The App does not “see” or interpret golf swings in the same manner as a human instructor, and any automated analysis, classification, recommendation, or training plan may be inaccurate, incomplete, or unsuitable for You.
Video Quality & Accuracy Limitation
The accuracy and usefulness of the App’s swing analysis may depend on the quality, angle, lighting, framing, stability, resolution, completeness, and clarity of Your uploaded videos, as well as whether You follow the App’s recording instructions. WhatsGoodApps is not responsible for inaccurate, incomplete, or less useful analysis resulting from poor video quality, improper camera positioning, missing views, obstructed views, insufficient lighting, incomplete swings, failure to capture the full body or club, or failure to follow recording instructions.
User Responsibility for Implementation
You are solely responsible for how You interpret, use, rely on, or implement any swing analysis, feedback, drill, recommendation, or training plan provided by the App. WhatsGoodApps is not responsible for any injury, property damage, performance issue, negative outcome, or other loss arising from Your use of or reliance on any such analysis, feedback, drill, recommendation, or training plan.
Data Storage & Loss of Content
User Content, analysis results, reports, plans, history, or other Assets may be stored for convenience within the App. However, WhatsGoodApps does not guarantee permanent storage, backup, availability, or recoverability of any such content or outputs. If the App is deleted, Your device is changed, access is lost, data is deleted, or phone data is lost or corrupted, Your User Content, history, reports, plans, and other Assets may be permanently lost.
No Monitoring Obligation
WhatsGoodApps does not monitor all User Content and has no obligation to review, verify, validate, or confirm the accuracy, legality, safety, or appropriateness of any uploaded video, submitted information, generated analysis, or training plan.
Acceptable Use – Video Content
You agree not to upload User Content that is unlawful, harmful, abusive, misleading, unrelated to golf swing analysis, infringing, invasive of privacy or publicity rights, or otherwise violates these Terms. WhatsGoodApps reserves the right, but has no obligation, to remove or restrict access to any User Content at its discretion.
Non-Reliance Clause
You agree that You are not relying on the App as Your primary source of golf instruction, coaching, medical guidance, fitness guidance, or professional advice, and that any decision to use or implement the App’s outputs is made solely by You.
Beta / Evolving Technology
The App may include features that are experimental, evolving, or in development. WhatsGoodApps makes no guarantees regarding the accuracy, reliability, availability, or suitability of any such features.
Subscription Usage and Non-Cumulative Weekly Benefits
Certain features of the Services are offered on a subscription basis billed on a monthly cycle. During each active monthly subscription period, You are eligible to receive up to one (1) golf swing analysis and one (1) custom training plan per week.
Weekly analyses and training plans are made available on a per-week, use-it-or-lose-it basis. You may only receive one (1) analysis and one (1) training plan per week, regardless of whether You used the Services in prior weeks.
Unused weekly analyses or training plans do not accumulate, roll over, or carry forward within the same monthly subscription period or into any future subscription period. If You do not use the Services during a given week, that week’s analysis and training plan opportunity is forfeited and cannot be redeemed at a later time.
By subscribing, You acknowledge and agree that You are not entitled to receive multiple analyses or training plans for prior unused weeks, including but not limited to attempting to use multiple weeks’ worth of benefits at once.
Limitation of Liability
To the fullest extent permitted by law, WhatsGoodApps LLC and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including but not limited to loss of profits or any other financial losses) arising from:
Your use of or reliance on any golf swing analysis, feedback, recommendations, or training plans generated by the App.
Any inaccuracy, incompleteness, or error in swing analysis resulting from automated processing, including AI-based interpretation of User Content.
Any incorrect, incomplete, or misleading feedback caused by poor video quality, improper camera angles, lighting issues, or failure to follow recording instructions.
Any injury, physical strain, or damage resulting from performing drills, exercises, or recommendations provided by the App.
Any lack of improvement in golf performance, including but not limited to swing mechanics, distance, accuracy, or scoring.
Any misinterpretation or misuse of swing analysis, feedback, or training plans by the User.
Any loss, deletion, corruption, or unavailability of uploaded videos, analysis results, or training plans, including due to deletion of the App or loss of device data.
Any decisions or actions taken by the User based on the App’s analysis or recommendations.
Your use of or interaction with any Third-Party Services.
Both the Services and the Assets are provided to Customer on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Service and assume any risks associated with use of the Services.
The Service is not intended to provide financial or legal advice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHATSGOODAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO THE SERVICES; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnification
You will indemnify, defend and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including, reasonable attorneys’ fees) (“Claims”), arising out of and relating to (a) any Claims concerning information input by You, including User Content, (b) Your use of the Services, including Your access to, use of, sharing of, reliance on, or misuse of the Services, or (c) Your violation of these Terms of Service (including use of the Services in violation of these Terms of Service).
Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) (“Dispute”) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, pandemics or war.
Waiver and Severability
If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
California Residents Notice
If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210
Contact Information
Please direct all inquiries to support@whatsgoodapps.com.