Terms of Service

Effective Date: April 30, 2026
Last Updated: April 30, 2026

Acceptance of Terms

By accessing or using Software Secrets LLC - Practice Caddie (the "Service"), you agree to be bound by these Terms of Service. If you do not agree to any part of these terms, you may not use the Service.

You must be at least 18 years of age to use this Service, or if you are a minor, you must have obtained verifiable parental or guardian consent. By using the Service, you represent that you have the authority to enter into this agreement, either on your own behalf or on behalf of an organization or legal entity you represent. If you are agreeing on behalf of an organization, you warrant that you have the legal authority to bind that organization to these terms.

Description of Service

Software Secrets LLC - Practice Caddie is a SaaS application and content platform available as a web service and as mobile applications for iOS and Android. The Service provides tools and content designed to help users with golf practice and improvement. The Service includes features, content, and functionality that may be updated, modified, or enhanced from time to time.

We strive to maintain continuous availability of the Service; however, we do not guarantee that the Service will be uninterrupted, error-free, or free from delays. We may perform maintenance, updates, or improvements that temporarily make the Service unavailable. We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice, and with no liability to you except as otherwise required by applicable law.

User Accounts

To access certain features of the Service, you must create and maintain an account ("Account"). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account. You agree to provide accurate, current, and complete information during registration and to update that information as necessary. You are solely responsible for unauthorized access to or use of your Account and must notify us immediately of any such unauthorized use.

You may terminate your Account at any time by contacting us via the support email listed in the Contact Information section below. Upon termination, you will lose access to any features, content, or services that require an active Account. Certain provisions of these terms, including those relating to intellectual property, limitation of liability, and indemnification, will survive termination.

Payment Terms

Pricing and Billing: The Service offers subscription-based billing. Current pricing is available on our website and in the Service itself. You agree to pay all charges incurred under your Account in accordance with the pricing plan you select. Billing occurs on a recurring basis according to your chosen subscription period (weekly, monthly, annual, or other periods we may offer). All charges are exclusive of applicable taxes, which you are responsible for paying.

Payment Methods: Payment for subscriptions is processed through the respective app store platform on which you obtain the Service (Apple's App Store for iOS, Google Play for Android) or through our website payment processor (Stripe). By subscribing, you authorize us and our payment processors to charge your payment method on a recurring basis.

Taxes: You are responsible for any sales tax, value-added tax, goods and services tax, or other applicable taxes on amounts you owe. We will collect and remit taxes as required by law in your jurisdiction.

Price Changes: We reserve the right to change subscription pricing with at least thirty (30) days' written notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing. If you do not accept the new pricing, you must cancel your subscription before the change takes effect.

Auto-Renewal: Unless you are using a free trial, subscriptions automatically renew at the end of each billing period. By initiating a subscription, you acknowledge and consent to auto-renewal. You may cancel auto-renewal at any time by managing your subscription settings through your account in the relevant app store (for in-app subscriptions) or through your account on our website.

Refund Policy: If you are unsatisfied with your subscription, you may request a refund within thirty (30) days of your initial subscription purchase or renewal charge. Refund requests must be submitted via our support contact listed below. Refunds are issued in accordance with the refund policy of the platform through which you made the purchase (Apple's App Store or Google Play) or, for web purchases, through our payment processor. For in-app purchases, refund handling is managed entirely by the respective app store platform; we have no direct refund authority. You agree that any refund claim must be filed within the applicable refund window.

Intellectual Property

Ownership of the Service: All content, features, design, code, text, graphics, trademarks, logos, and all other elements of the Service ("Platform Content") are owned by or licensed to Software Secrets LLC and are protected by copyright, patent, trademark, trade secret, and other intellectual property laws. You have no right to use or reproduce Platform Content except as expressly permitted by these terms.

License to You: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your personal, non-commercial use. This license does not permit you to resell, redistribute, or commercially exploit the Service or any part thereof, and it does not permit you to sublicense the Service to others.

Prohibited Uses of IP: You may not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or trade secrets of the Service
• Modify, translate, or create derivative works based on the Service
• Remove, obscure, or alter any copyright, patent, trademark, or other intellectual property notice in the Service
• Use any portion of the Service to build or train competitive products or services

Trademarks: All trademarks, service marks, and logos displayed in the Service are the property of Software Secrets LLC or their respective owners. You may not use these marks without prior written permission.

User Feedback: If you submit any ideas, suggestions, feedback, or other comments regarding the Service ("Feedback"), you grant us a non-exclusive, perpetual, royalty-free, irrevocable, worldwide license to use, modify, and exploit the Feedback in any manner we deem appropriate, without compensation to you.

DMCA: We respect intellectual property rights and will respond to valid Digital Millennium Copyright Act (DMCA) notices. If you believe that your copyrighted work has been infringed, please submit a detailed DMCA notice to our support contact listed in the Contact Information section. Your notice must include: (1) identification of the copyrighted work; (2) identification of the infringing material and its location in the Service; (3) your contact information; (4) a statement that you have a good faith belief the use is not authorized; and (5) a statement, under penalty of perjury, that the information in your notice is accurate.

Prohibited Activities

You agree not to engage in any of the following activities while using the Service:

• Illegal Activities: Engage in any activity that violates any local, state, national, or international law, statute, rule, or regulation
• Harassment and Abuse: Harass, threaten, defame, or bully any individual or organization
• Spam and Unsolicited Communications: Transmit unsolicited messages, spam, or commercial solicitations
• Scraping and Automated Access: Scrape, crawl, or use automated tools to extract data from the Service without authorization; this includes bots and data-mining activities
• Malware and Harmful Code: Upload, transmit, or distribute malware, viruses, trojans, worms, or any code designed to harm or disrupt the Service
• Impersonation: Impersonate another person or entity or misrepresent your affiliation with any person or organization
• Intellectual Property Infringement: Infringe on the intellectual property rights of Software Secrets LLC or any third party
• Competitive Misuse: Use the Service to develop, market, or promote competing products or services
• Unauthorized Resale: Resell, redistribute, or transfer access to the Service to others without authorization
• Unauthorized Access: Attempt to gain unauthorized access to the Service, user accounts, or systems through hacking, phishing, or other means
• False or Misleading Information: Submit false, fraudulent, or misleading information or content
• Objectionable Content: Transmit, post, or display pornographic, sexually explicit, or otherwise objectionable content through the Service

We reserve the right to suspend or terminate your Account and deny you access to the Service if we determine, in our sole discretion, that you have violated these terms. We may also pursue legal action for violations that constitute criminal activity or that cause harm to us or others.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Software Secrets LLC, its officers, directors, employees, agents, or representatives be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use or inability to use the Service, even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for any and all claims arising from or relating to this agreement or the Service shall not exceed the total amount you have paid to us in subscription fees in the twelve (12) months preceding the claim, or if you have not paid any fees, one hundred dollars ($100).

Some jurisdictions do not permit the exclusion or limitation of liability for certain types of damages. If you are located in such a jurisdiction, the above limitations may not apply to you, but our liability shall be limited to the extent permitted by law.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DEFECTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, MATERIALS, OR INFORMATION PROVIDED THROUGH THE SERVICE.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE OR YOUR RELIANCE ON ANY CONTENT OR MATERIALS IN THE SERVICE.

Indemnification

You agree to indemnify, defend, and hold harmless Software Secrets LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms of Service
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property rights
• Your violation of the rights of any third party
• Any content you submit or transmit through the Service
• Any unauthorized use of your Account

Termination

Termination by You: You may terminate your Account and this agreement at any time by ceasing use of the Service and following the account termination process described in the User Accounts section.

Termination by Us: We may suspend or terminate your Account or access to the Service at any time, immediately and without notice, if we determine that you have violated these terms, engaged in prohibited activities, or otherwise breached this agreement. We may also terminate or suspend the Service or any portion thereof at our sole discretion with or without cause.

Effect of Termination: Upon termination, your right to use the Service immediately ceases. You remain liable for all charges and obligations incurred up to the date of termination. Certain sections of these terms—including Intellectual Property, Limitation of Liability, Disclaimer of Warranties, Indemnification, and Dispute Resolution—will survive termination.

Survival: The following provisions survive termination: Intellectual Property, Limitation of Liability, Disclaimer of Warranties, Indemnification, Dispute Resolution, Governing Law, and Severability.

Dispute Resolution

Informal Resolution: Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute arising from these terms or the Service through informal negotiation. Please contact us at the email address listed in the Contact Information section to describe your dispute. We will respond within thirty (30) days of receiving your notice. If the dispute is not resolved within sixty (60) days of your initial notice, either party may proceed to formal resolution.

Binding Arbitration: If the dispute is not resolved through informal negotiation, you and Software Secrets LLC agree that the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single neutral arbitrator. The arbitration will take place in Ogden, Utah, unless the parties agree otherwise. Each party shall bear its own costs and attorneys' fees; however, if an arbitrator or court determines that a claim was frivolous, the arbitrator or court may award reasonable costs and attorneys' fees to the prevailing party.

Small Claims Exception: Notwithstanding the arbitration provision above, either party may pursue claims in small claims court if the claim qualifies under the applicable small claims court jurisdiction limit.

Class Action Waiver: You and Software Secrets LLC agree that any arbitration or court proceeding shall be conducted on an individual basis only, not as a class action, collective action, or representative action. You waive any right to participate in a class action against us. If any portion of this class action waiver is found to be unenforceable, the entire arbitration provision shall be void.

Opt-Out: You may opt out of the binding arbitration provision by sending written notice to our support email within thirty (30) days of first accepting these terms. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration. If you opt out, all other terms of this agreement will continue to apply, but you and us shall not be bound to arbitration.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the courts located in Ogden, Utah, for any dispute not subject to binding arbitration under the Dispute Resolution section above.

Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, that provision shall be severed from these terms. The remaining provisions shall continue in full force and effect.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Material changes will be communicated to you via email at the address associated with your Account, or by posting a notice on our website. Such notice will be provided at least thirty (30) days before the changes become effective. Your continued use of the Service following the notice period constitutes acceptance of the revised Terms of Service. If you do not agree to the changes, you must stop using the Service.

Platform Requirements

Apple iOS App Store

Use of Software Secrets LLC - Practice Caddie on Apple iOS devices is subject to Apple's Licensed Application End User License Agreement in addition to these Terms of Service. For subscriptions and in-app purchases, your use is governed by the Standard EULA provided by Apple at the point of purchase, which grants you a nontransferable license to use the application solely on Apple-branded products that you own or control.

Subscription and Auto-Renewal Terms: If you purchase an auto-renewable subscription through the App Store, the subscription will automatically renew at the end of each subscription period unless you cancel it. Subscription periods are clearly disclosed before you complete your purchase. You will be notified of the renewal and charged through your Apple account. To manage or cancel your subscriptions, you may do so at any time through your Apple Account settings under "Subscriptions." Cancellation will prevent future renewal charges but will not entitle you to a refund for the current subscription period. Content and services do not expire, and continuing to provide subscription benefits requires ongoing functionality of the service. All refunds are handled by Apple according to its App Store Refund Policy.

Age Verification and Parental Consent: We employ age verification mechanisms as provided by Apple to confirm that you meet the age requirements for use of this Service. If you are a minor, we require verifiable parental or guardian consent to create an Account and accept these terms. We do not knowingly enforce contracts against minors without such verified parental consent. Age-related data collected during verification is promptly deleted after use and is not retained for any purpose except legal compliance. By using the Service, you affirm that either (1) you are 18 years of age or older, or (2) you are a minor and a parent or guardian has provided verified consent to your use and has affirmed your age through the app store setup process.

In-App Purchases: All digital subscriptions and purchases are processed exclusively through Apple's In-App Purchase system. No purchase made through the Service can be delivered or fulfilled outside of this system.

Account Responsibility: You are responsible for maintaining the confidentiality of your Apple Account credentials and for all activity occurring under your Apple Account. We are not liable for unauthorized use of your account.

Termination and Suspension: We may suspend or terminate your access to the Service or portions thereof at any time for violations of these terms or as otherwise permitted by law. The Service is provided without warranties of any kind, whether express or implied, including warranties of merchantability or fitness for a particular purpose.

Privacy and Data Handling: Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms of Service. We collect, process, and protect data only as described in that policy and in accordance with applicable laws, including any age-related verification signals provided by Apple, which we promptly delete after verification.

Governing Law: These terms are governed by the laws of the State of Utah.

Google Play Store

Use of Software Secrets LLC - Practice Caddie on Android devices through Google Play is subject to the Google Play Terms of Service and the Google Terms of Service, which are incorporated into these Terms of Service. In case of conflict between these Terms of Service and the Google Play Terms of Service, the Google Play Terms of Service shall prevail.

Subscription and Auto-Renewal Terms: If you purchase an auto-renewable subscription through Google Play, the subscription will automatically renew at the end of each billing period unless you cancel it through your Google Play Store account settings. Subscription terms, pricing, and renewal periods are clearly disclosed before purchase. Refunds are handled by Google Play according to its refund policies. Cancellation of a subscription through Google Play settings will prevent future charges but may not entitle you to a refund of the current billing period.

Billing and Payments: All payments are processed through Google Payments. By purchasing a subscription, you authorize Google to charge your payment method on a recurring basis and you agree to Google's Payments Terms of Service and Privacy Notice. You are responsible for any charges incurred under your Google account.

In-App Purchases: All subscriptions and digital purchases are made through Google Play Billing. Each purchase grants you a non-exclusive, personal, non-commercial license to use the purchased content or service for the duration of your subscription or term of the purchase.

Refund Policy: Requests for refunds must be handled through Google Play's customer support and refund processes. Google Play manages all refund determinations, and we comply with Google Play's refund policies. For any questions regarding refunds or charges, you may contact us at the support email listed below, and we will direct you to appropriate resources.

Content Restrictions: The Service does not intentionally provide pornographic, sexually explicit, or objectionable content. Any content that violates Google Play's content policies may be subject to removal or suspension of access.

Account Termination and Changes: Google retains the right to suspend or terminate your access to the Service. We may suspend or terminate your Account for violations of these terms or Google Play's policies.

Privacy and Data Collection: Your use is subject to our Privacy Policy, which describes how we collect, use, and protect your data. We comply with Google Play's data safety requirements.

Governing Law: These terms are governed by the laws of the State of Utah and do not conflict with Google's Terms of Service.

Contact Information

Contact Email: support@practicecaddie.com

Company / Legal Entity: Software Secrets LLC

Service / Product Name: Software Secrets LLC - Practice Caddie

Website: https://practicecaddie.com

Mailing Address: 155 31st Street
Ogden, UT 84401

Response Time: Inquiries submitted to our support email will be answered within a reasonable timeframe.

Supervisory Authority Links: For questions regarding data protection and privacy compliance, the following regulatory authorities may be contacted:

• European Data Protection Board: https://edpb.europa.eu/
• Information Commissioner's Office (United Kingdom): https://ico.org.uk/
• California Privacy Protection Agency: https://cppa.ca.gov/
• Office of the Privacy Commissioner of Canada: https://www.priv.gc.ca/
• Autoridade Nacional de Proteção de Dados (Brazil): https://www.gov.br/anpd/
• Office of the Australian Information Commissioner: https://www.oaic.gov.au/