Terms of Service

1. BullzEye Service

1.1 Overview. As part of the Service, BullzEye provides you access to its proprietary Platform which provides an AI-powered putting analysis that uses your device's camera and depth sensors to analyze your putting strokes and the putting green.

1.2 User Obligations. The Service provides green-reading, line, aim, pace, and related recommendations for informational purposes only. These outputs are recommendations, not guarantees, and BullzEye does not warrant or guarantee any particular result, score, or improvement in your play. The Service is a practice, training, and instructional aid and is not a substitute for professional instruction, coaching, or your own judgment and skill. The accuracy of any read or recommendation depends on factors outside BullzEye's control, including the condition, surface, slope, and speed of the green, weather and lighting conditions, and your own stroke and execution, and any read or recommendation may be incomplete or incorrect. You are solely responsible for your own decisions and play. The Service is designed and should only be used for practice, coaching, and casual/non-competitive rounds of golf that are not governed under the Rules of Golf. The BullzEye Entities are not responsible or liable for any score, handicap, competitive result, ranking, prize, wager, bet, or other outcome arising out of or relating to your use of the Service, including any prohibited use in violation of these Terms.

You are responsible for ensuring your use of the Service complies with the Rules of Golf published by the United States Golf Association and the R&A (available at: https://www.usga.org/rules/rules-and-clarifications/rules-and-clarifications.html#section=rules&itemNum=1) (the “Rules of Golf”) or any other rules, including local rules or competition terms, including but not limited to Rule 4.3. Rule 4.3a(3) prohibits a player, during a stipulated round, from using a device to obtain information that helps the player choose a club, make a stroke, or determine how to play.

You are permitted to use the Service strictly for practice, training, instruction, and casual rounds where the Rules of Golf are not in force or have been waived by the relevant rules committee. Using the Service to obtain green-reading, line, or aim/pace recommendations during a stipulated round — any competitive round operated under the Rules of Golf — is a violation of Rule 4.3. You may not use the Service during stipulated rounds in tournaments, qualifying rounds, handicap-posting rounds played under tournament conditions, or any other round in which compliance with the Rules of Golf is required, including club championships, member-guest and other club or league competitions.

2. Eligibility; Pilot Period

2.1 Eligibility. You must be at least 18 years old to use the Service or if you are an Adolescent, you must have your Guardian's consent. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old (or you are an Adolescent with a Guardian's consent); (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2.2 Pilot Period. If you receive access to the Service or features thereof on a free, trial, pilot, evaluation, alpha, beta, or early access basis (the “Pilot”), use is permitted only for your internal evaluation during the period designated by BullzEye. The Pilot is optional and either party may terminate the Pilot at any time for any reason. The Pilot may be inoperable, incomplete, or include features that BullzEye may never release, and its features and performance information are BullzEye's confidential information.

3. General Payment Terms

While the Service may be made available for free or on a beta access basis, certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.

Price. In the event the Service (or any features thereof) are not provided on a free or beta access, BullzEye reserves the right to determine pricing for the Service, or any features thereof. BullzEye will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing information periodically for current pricing details. BullzEye may change the fees for any feature of the Service, including additional fees or charges, if BullzEye gives you advance notice of changes before they apply. BullzEye, at its sole discretion, may make promotional offers with different features and different pricing to any of BullzEye's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

Authorization. You authorize BullzEye to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by BullzEye, including all applicable taxes, to the payment method you specify when using the Service. If you pay any fees with a credit card, then BullzEye may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Subscription Service. The Service may include subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date you purchase your initial subscription to the Service. The Subscription Service begins on the Subscription Billing Date and continues for the applicable subscription period (the “Initial Subscription Period”). It will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each renewal period, collectively a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. By activating a Subscription Service, you authorize BullzEye or its third-party payment processor(s) (e.g., Stripe) (“Payment Processor”) to periodically charge, on a recurring basis until cancellation, all accrued amounts on or before the payment due date. For information on the “Subscription Fee”, please see our website. Your payment method will be automatically charged on the Subscription Billing Date and subsequently on each Subscription Period renewal date for all applicable fees and taxes. To avoid being charged for the next Subscription Period, you must cancel your Subscription Service before it renews for the subsequent renewal period in order to avoid billing of the next periodic Subscription Fee. BullzEye or its third-party payment processor will bill the periodic Subscription Fee to the payment method you provided to us. You may cancel the Subscription Service by using the features made available on the Service (including via Stripe) OR contacting us at admin@bullzeyegolf.com. Your cancellation must be received before the renewal date in order to avoid charge for the next subscription period.

Payment Processing. By using the Service and making payments, you agree to be bound by the terms and conditions and privacy policies of the applicable Payment Processor. You acknowledge and understand that the Payment Processor may collect and process certain information from you, including but not limited to your payment information, billing address, and transaction history, in accordance with their privacy policy. If we utilize a Payment Processor to facilitate transactions, you agree to comply with the platform agreement provided by that Payment Processor. We are not liable for any errors, omissions, or security breaches related to the Payment Processor's services. Any disputes related to payment processing should be addressed directly with the Payment Processor in accordance with their terms of service. BullzEye may use Stripe, Inc. (“Stripe”) as our Payment Processor. For specific details regarding Stripe's Services, please refer to the following links: Stripe services agreement: https://stripe.com/legal/consumer and Stripe privacy policy: https://stripe.com/privacy. You understand that the Payment Processor may modify its services and terms and conditions at any time. We reserve the right to change our Payment Processor at any time.

Delinquent Payment. BullzEye may suspend or terminate access to the Service, including fee-based portions of the Service, for any user for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent user will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then BullzEye reserves the right to remove your access to the Service and delete any information or User Content (defined below) associated with your use of the Service and without any liability to you.

4. Licenses

4.1 Limited License. Subject to your complete and ongoing compliance with these Terms, BullzEye grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.

4.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) make modifications to the Service; (b) infringe, misappropriate, or violate any intellectual property rights in or to the Service, including by reproducing, distributing, publicly displaying, or publicly performing the Service and all Materials (defined below) thereon; or (c) use the Service to develop new products and services (including for developing, training, and fine tuning artificial intelligence and machine learning models) without BullzEye's express written permission. If you are prohibited under applicable law from using the Service, then you may not use it.

4.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant BullzEye an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

4.4 Usage Data; Aggregated Data. You hereby authorize BullzEye and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”) and to collect data or information, including from features of the Service, based on User Content (“Aggregated Data”). Aggregated Data will be deidentified and aggregated with other data such that the resulting data no longer reasonably identifies you or a specific individual. We may use Usage Data and Aggregated Data for any purpose in accordance with applicable law.

5. Ownership; Proprietary Rights

The Service is owned and operated by BullzEye. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by BullzEye (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of BullzEye or its third-party licensors. Except as expressly authorized by BullzEye, you may not make use of the Materials. There are no implied licenses in these Terms and BullzEye reserves all rights to the Materials not granted expressly in these Terms.

6. Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

7. User Content

7.1 User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Submit”) content to the Service, including photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Submit to the Service, subject to the licenses granted in these Terms.

7.2 Limited License Grant to BullzEye. By Submitting User Content to or via the Service, you grant BullzEye a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, collect, access, use, store, transfer, transform, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Submitted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Submitting your User Content and from BullzEye's exercise of the license set forth in this Section.

7.3 Specific Rules for Photographs and Images. If you Submit a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal, non-commercial use and through any online platform or service, including the Service, but not to promote any third-party product, good, or service.

7.4 You Must Have Rights to the Content You Submit; User Content Representations and Warranties. You must not Submit User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. BullzEye disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

• you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize BullzEye and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by BullzEye, the Service, and these Terms;
• your User Content, and the Submitting or other use of your User Content as contemplated by these Terms, does not and will not: (a) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause BullzEye to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
• your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

7.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Submit and will not be in any way responsible or liable for User Content. BullzEye may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable.

7.6 Monitoring Content. BullzEye does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that BullzEye reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time BullzEye chooses to monitor the content, then BullzEye still assumes no responsibility or liability for any content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). BullzEye may block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Submitted such User Content to the Service or to any other users of the Service.

8. Communications

8.1 Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device's “settings” page.

8.2 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

9. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

• use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
• violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
• access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, mechanism, or by other automated electronic processes (including spiders, robots, scrapers, crawlers, data mining tools, and other computer programs that monitor, copy, or download data or other content) other than the software or search agents provided by BullzEye;
• interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use, printing, or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
• interfere with the operation of the Service or any user's enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, or falsifying your age range;
• use the Service for any purpose other than golf practice, instruction, and play as contemplated by these Terms;
• use the Service in any manner in violation of Sections 1.2 and 4.2;
• sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
• attempt to do any of the acts described in this Section 9 (Prohibited Conduct) or assist, encourage, or permit any person in engaging in any of the acts described in this Section 9 (Prohibited Conduct).

10. Modification of Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 10 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

11. Term, Termination, and Modification of the Service

11.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2 (Termination).

11.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, BullzEye may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate these Terms at any time by using the methods available on the Platform or contacting customer service at admin@bullzeyegolf.com.

11.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access the Service; (c) you must pay BullzEye any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3 (General Payment Terms), 4.3 (Feedback), 5 (Ownership; Proprietary Rights), 11.3 (Effect of Termination), 12 (Indemnity), 13 (Disclaimers; No Warranties by BullzEye), 14 (Limitation of Liability), 15 (Dispute Resolution and Arbitration), and 16 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Submit to the Service since upon termination, you may lose access rights to any User Content you Submitted to the Service. If your access has been terminated for a breach of these Terms, then you are prohibited from re-accessing the Service using a different name, email address, or other form of verification.

11.4 Modification of the Service. BullzEye reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. BullzEye will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Submit to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Submitted to the Service.

12. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify BullzEye, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “BullzEye Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of the Service; (2) your violation of these Terms or any applicable laws or regulations; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (4) your User Content; or (5) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13. Disclaimers; No Warranties by BullzEye

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BULLZEYE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BULLZEYE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BULLZEYE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BULLZEYE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING ANY OUTPUT GENERATED USING ARTIFICIAL INTELLIGENCE (“AI”) AND MACHINE LEARNING, WILL CREATE ANY WARRANTY REGARDING ANY OF THE BULLZEYE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE SERVICE OPERATES ON PROBABILISTIC REASONING AND ITS OUTPUTS MAY NOT ALWAYS BE ACCURATE, COMPLETE, RELEVANT, REPRODUCIBLE, OR ERROR-FREE AND MAY CONTAIN ERRORS, INCONSISTENCIES, OR INACCURACIES (INCLUDING BASED ON QUALITY OF THE INPUT FROM WHICH SUCH OUTPUT IS DERIVED). YOU ARE SOLELY RESPONSIBLE AND ASSUME ALL ASSOCIATED RISK WHEN DETERMINING THE EFFICACY, ACCURACY, LAWFULNESS, AND APPROPRIATENESS OF THE SERVICE FOR ANY GIVEN USE AND ANY ACTIONS OR INACTIONS TAKEN IN RELIANCE ON SUCH INFORMATION. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND ANY RELIANCE ON THE SERVICE'S OUTPUTS OR AI ELEMENTS IS SOLELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER, OR FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 13 (Disclaimers; No Warranties by BullzEye) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, BULLZEYE PROVIDES NO WARRANTY, INDEMNITY, OR SUPPORT FOR THE PILOT, AND ITS LIABILITY FOR THE PILOT WILL NOT EXCEED US$50. BullzEye does not disclaim any warranty or other right that BullzEye is prohibited from disclaiming under applicable law.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BULLZEYE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BULLZEYE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTIONS 15.5 (Commencing Arbitration) AND 15.7 (Arbitration Relief) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BULLZEYE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BULLZEYE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Dispute Resolution and Arbitration

15.1 Generally. Except as described in Section 15.2 (Exceptions) and 15.3 (Opt-Out), you and BullzEye agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BULLZEYE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

15.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to BullzEye Golf Technologies, Inc., Attention: Legal Department – Arbitration Opt-Out, 3237 N 1350 E, North Ogden, Utah 84414 that specifies: your full legal name, email address, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once BullzEye receives your Opt-Out Notice, this Section 15 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 16.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

15.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the JAMS (“JAMS”) under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267, or by contacting BullzEye.

15.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). BullzEye's address for Notice is: BullzEye Golf Technologies, Inc., 3237 N 1350 E, North Ogden, Utah 84414. The Notice of Arbitration must: (a) identify the name of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or BullzEye may commence an arbitration proceeding. The payment of all fees will be governed by the JAMS Rules.

15.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or BullzEye must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

15.7 Arbitration Relief. Except as provided in Section 15.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by BullzEye before an arbitrator was selected, BullzEye will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

15.8 No Class Actions. YOU AND BULLZEYE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.9 Modifications to this Arbitration Provision. If BullzEye makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to BullzEye's address for Notice of Arbitration, in which case your access to the Services with BullzEye will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

15.10 Enforceability. If Section 15.8 (No Class Actions) or the entirety of this Section 15 (Dispute Resolution and Arbitration) is found to be unenforceable, or if BullzEye receives an Opt-Out Notice from you, then the entirety of this Section 15 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.2 (Governing Law) will govern any action arising out of or related to these Terms.

16. Miscellaneous

16.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and BullzEye regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.2 Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and BullzEye submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Utah, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

16.3 Privacy Policy. Please read the BullzEye Privacy Policy https://bullzeyegolf.com/privacy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The BullzEye Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

16.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

16.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

16.6 Contact Information. The Service is offered by BullzEye Golf Technologies, Inc., located at 3237 N 1350 E, North Ogden, Utah 84414. You may contact us by sending correspondence to that address or by emailing us at admin@bullzeyegolf.com.

16.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

16.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

16.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

17. Notice Regarding Apple

This Section 17 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and BullzEye only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.