Effective Date: October 1, 2025
These Terms of Use and End User License Agreement (“Agreement” or “Terms of Use”) are a legal agreement
between you (“you” or “User”) and PreSwing Golf, LLC (“Company”, “we,” “us,” or “our”) regarding your use of
the PreSwing mobile application and our website located at www.preswinggolf.com (collectively, the
“App”), whether as a guest or registered user.
Please read the Terms of Use carefully before you start to use the App. By using the App, you accept and agree to
be bound and abide by these Terms of Use and our Privacy Policy, found at www.preswinggolf.com/privacy,
incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you
must not access or use the App.
This App is offered and available to users who are 13 years of age or older and reside in the United States or any of
its territories or possessions. By using this App, you represent and warrant that you meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.
If you are between 13 and 17 years of age, you may use the Services only with the consent and supervision of a
parent or legal guardian, and you represent that your parent or legal guardian has reviewed and agreed to these
Terms on your behalf, and agrees to be responsible for your use of the Services, including any purchases or
activities.
If you downloaded the App from the Apple App Store, Apple’s Standard EULA also applies. In the event of a
conflict, this Agreement controls between you and us. Apple is not responsible for the App beyond its obligations
under the App Store Terms.
1. License Grant
We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on Apple-
branded devices you own or control, as permitted by the Usage Rules set forth in the App Store Terms of
Service.
2. Permitted Use
You may use the App to:
Access golf tips, GPS distances, and playing history features.
Create personal skill notes, audio recordings, and video recordings.
Generate AI summaries of your notes.
Create and play back Caddie-generated tips and Pro Voices.
3. User-Generated Content
The App may contain message boards, chat rooms, personal web pages or profiles, forums, and other interactive
features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other
users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through
the App.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By
providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of
their and our respective licensees, successors, and assigns a worldwide, non-exclusive, royalty-free license and
right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such
material for any purpose, including, without limitation:
Operating and improving the App;
Making your content available to you across devices; or
In the case of Caddie-generated tips, allowing other users to use the same tip without regeneration (audio
files only; not your voice recordings).
You represent and warrant that:· You own or control all rights in and to the User Contributions and have the right to grant the license
granted above to us and [our affiliates and service providers, and each of their and] our [respective]
licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute,
and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and
appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by
you or any other user of the App.Monitoring and Enforcement; TerminationWe have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole
discretion, including if we believe that such User Contribution violates the Terms of Use, including the
Content Standards, infringes any intellectual property right or other right of any person or entity,
threatens the personal safety of users of the App or the public, or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted
by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or
unauthorized use of the App.
· Terminate or suspend your access to all or part of the App for any or no reason, including without
limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court
order requesting or directing us to disclose the identity or other information of anyone posting any materials on or
through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES
DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the App and cannot ensure
prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any
action or inaction regarding transmissions, communications, or content provided by any user or third party. We
have no liability or responsibility to anyone for performance or nonperformance of the activities described in this
section.Content StandardsThese content standards apply to any and all User Contributions and use of Interactive Services. User Contributions
must in their entirety comply with all applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful,
inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of
any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that
could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may
be in conflict with these Terms of Use and our Privacy Policy at https://preswinggolf.com/privacy-policy
· Be likely to deceive any person.· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy
any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter,
or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is
not the case.Copyright InfringementIf you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement
to support@preswinggolf.com. It is the policy of the Company to terminate the user accounts of repeat infringers.
4. Accessing the App and Account Security
We reserve the right to withdraw or amend the App, and any service or material we provide on the App, in our
sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any
time or for any period. From time to time, we may restrict user access, including registered user access, to some
parts of the App or the entire App.
You are responsible for both:
· Making all arrangements necessary for you to have access to the App.
· Ensuring that all persons who access the App through your internet connection are aware of these Terms
of Use and comply with them.
To access the App or some of the resources it offers, you may be asked to provide certain registration details or
other information. It is a condition of your use of the App that all the information you provide on the App is
correct, current, and complete. You agree that all information you provide to register with this App or otherwise,
including, but not limited to, through the use of any interactive features on the App, is governed by our Privacy
Policy at www.preswinggolf.com/privacy and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you must not disclose it to any other
person or entity. You also acknowledge that your account is personal to you and agree not to provide any other
person with access to this App or portions of it using your username, password, or other security information. You
agree to notify us immediately of any unauthorized access to or use of your username or password or any other
breach of security. You also agree to ensure that you exit from your account at the end of each session. You should
use particular caution when accessing your account from a public or shared computer so that others are not able
to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by
us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any
provision of these Terms of Use.
5. Third-Party Services
Certain features use third-party services:
OpenAI – Processes your note text and related course context to generate AI summaries. No personal
identifiers are sent.
ElevenLabs – Processes your tip text to generate audio in the Caddie voice. No personal identifiers are sent.
iGolf – Receives GPS coordinates or course identifiers to provide course mapping and distances. No
personal identifiers are sent.
Use of these services is subject to the terms and privacy policies of such third-parties.
6. Prohibited Uses
You may use the App only for lawful purposes and in accordance with this Agreement. You agree not to: Copy, modify, reverse-engineer, or attempt to extract source code from the App (except as permitted by
law).
Sell, rent, or sublicense the App or its content.
Upload or transmit unlawful, defamatory, infringing, or harmful content.
Use the App in a way that interferes with safety or violates golf course rules.
impersonate or attempt to impersonate the Company, a Company employee, another user, or any other
person or entity (including, without limitation, by using email addresses or screen names associated with
any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which,
as determined by us, may harm the Company or users of the App, or expose them to liability.
Additionally, you agree not to:
Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with
any other party's use of the App, including their ability to engage in real time activities through the App.
Use any robot, spider, or other automatic device, process, or means to access the App for any purpose,
including monitoring or copying any of the material on the App.
Use any manual process to monitor or copy any of the material on the App, or for any other purpose not
expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the App.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the
server on which the App is stored, or any server, computer, or database connected to the App.
Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the App.
7. Purchases & Subscriptions
In-App Purchases (IAP) – Certain features or content may be offered for purchase through the App Store.
All purchases are subject to Apple’s terms; we do not process payment details.
Auto-Renewable Subscriptions – If offered, subscriptions renew automatically unless canceled at least 24
hours before the end of the current period. All subscriptions are handled securely through Apple. You can
view, change, or cancel your subscription anytime in Settings > [Your Name] > Subscriptions on your
device.
Free Trials – If a trial is offered, your account will be charged unless canceled at least 24 hours before the
trial ends.
8. Reliance on Information Posted
The information presented on or through the App is made available solely for general information purposes. We
do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed
on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
This App may include content provided by third parties, including materials provided by other users and third-party
licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these
materials, and all articles and responses to questions and other content, other than the content provided by the
Company, are solely the opinions and the responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any
third party, for the content or accuracy of any materials provided by any third parties.
9. Data Storage & Loss Current Version – Skill notes, audio, and video recordings are stored locally and will be lost if you
delete the App.
Future Versions – These files may be stored on our servers or in cloud storage; we will update this
Agreement and our Privacy Policy before such storage begins.
Server-stored playing history, notes, AI summaries, and generated tips remain until you request
deletion at support@preswinggolf.com.
10. Intellectual Property Rights
The App and its entire contents, features, and functionality (including but not limited to all information, software,
text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the
Company, its licensors, or other providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Agreement permits you to use the App for your personal, non-commercial use only. You must not reproduce,
distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or
transmit any of the material on our App, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and
viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement
purposes.
· You may print or download one copy of a reasonable number of pages of the App for your own personal,
non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to
your computer or mobile device solely for your own personal, non-commercial use, provided you agree to
be bound by our end user license agreement for such applications.
· If we provide social media features with certain content, you may take such actions as are enabled by
such features.
You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the
accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from
this site.
You must not access or use for any commercial purposes any part of the App or any services or materials available
through the App.
If you wish to make any use of material on the App other than that set out in this section, please address your
request to: support@preswinggolf.com .
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the
App in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option,
return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any
content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any
use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.
The Company name, its logo, and all related names, logos, product and service names, designs, and slogans are
trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written
permission of the Company. All other names, logos, product and service names, designs, and slogans on this App
are the trademarks of their respective owners.
11. Links from the AppIf the App contains links to other sites and resources provided by third parties, these links are provided for your
convenience only. This includes links contained in advertisements, including banner advertisements and sponsored
links. We have no control over the contents of those sites or resources and accept no responsibility for them or for
any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites
linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such
websites.
12. Geographic Restrictions
The owner of the App is based in the State of Arizona in the United States. We provide this App for use only by
persons located in the United States. We make no claims that the App or any of its content is accessible or
appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain
countries. If you access the App from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.
13. Termination
We may suspend or terminate your license at any time if you violate this Agreement. Upon termination, you must
stop using the App and delete it from your devices.
14. Disclaimer of Warranties
The App is provided “AS IS” without warranties of any kind, express or implied, including merchantability, fitness
for a particular purpose, and non-infringement. We do not guarantee accuracy of GPS data, AI-generated content,
or coaching results.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the
internet or the App will be free of viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and
accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any
lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
APP OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT
YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR
ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and
its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and
assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use
of the App, including, but not limited to, your User Contributions, any use of the App's content, services, andproducts other than as expressly authorized in these Terms of Use, or your use of any information obtained from
the App.
16. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE
CLAIM, OR USD $100, WHICHEVER IS GREATER.
17. Governing Law & Dispute Resolution
This Agreement is governed by the laws of the State of Arizona, excluding conflict-of-law rules. Any disputes
will be resolved in the courts of Maricopa County, Arizona, unless otherwise required by law. You waive any
and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Changes
We may revise and update this Agreement at any time in our sole discretion. All changes are effective
immediately when we post them, and will be communicated in-app or via posting to our website. Continued use
of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You
are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
19. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the
Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or
provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid,
illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such
that the remaining provisions of the Terms of Use will continue in full force and effect.
20. Contact
Email: support@preswinggolf.com
Postal: PreSwing Golf, LLC
23623 N. Scottsdale Road D3 #153
Scottsdale, Arizona 85255
