Terms of Use

These Terms of Use (these "Terms") govern your access to and use of: (i) the Strokes Brained Golf mobile application, including all related software, features, content, and updates (the "App"); (ii) the website located at strokesbrainedgolf.com, together with any related subdomains, pages, and online content, including our waitlist and mailing-list pages (the "Site"); and (iii) any other services, features, or content we make available through the App or the Site, including round reflections, M³ assessments, the AI mental-game coach, progress tracking, pre-round tips, reminders, and milestones (collectively with the App and the Site, the "Services").

The Services are owned and operated by Strokes Brained Golf, LLC, an Arizona limited liability company (together with its parents, subsidiaries, affiliates, officers, members, managers, employees, and agents, "Strokes Brained," "Company," "we," "us," or "our"). By downloading, installing, accessing, or using any part of the Services, creating an account, or joining our waitlist, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, available at strokesbrainedgolf.com/privacy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Services.

PLEASE READ SECTION 19 (DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER) CAREFULLY. IT REQUIRES THAT MOST DISPUTES BETWEEN YOU AND STROKES BRAINED BE RESOLVED THROUGH INDIVIDUAL, BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT SECTION.

PLEASE ALSO READ SECTION 6 (AI COACH; NO PROFESSIONAL ADVICE) CAREFULLY. THE SERVICES PROVIDE AUTOMATED, AI-GENERATED CONTENT FOR GENERAL INFORMATIONAL AND SELF-IMPROVEMENT PURPOSES ONLY AND DO NOT PROVIDE MEDICAL, MENTAL-HEALTH, PSYCHOLOGICAL, OR OTHER PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT.

1. Acceptance of These Terms

Your use of the Services is expressly conditioned on your acceptance of these Terms. These Terms form a binding agreement between you and Strokes Brained that takes effect the moment you first download, access, or use any part of the Services. If you use the Services on behalf of another person or entity (for example, as the parent or legal guardian of a minor user, or on behalf of a team, school, or golf program), you represent that you have authority to bind that person or entity to these Terms, and "you" refers to both you individually and that person or entity.

2. Changes to These Terms and the Services

We may revise these Terms at any time and in our sole discretion. When we do, we will update the "Last Updated" date above and post the revised version within the App or on the Site, and, for material changes, we may provide additional notice such as an in-App message or an email to the address associated with your account. Changes are effective when posted unless otherwise stated. Your continued access to or use of the Services after changes become effective constitutes your acceptance of the revised Terms, so you should review them periodically. We are continuously developing the Services and may add, modify, suspend, or discontinue all or any part of the Services, including any feature, content, or future pricing, at any time and without notice or liability to you.

3. Eligibility; Minors; Parents and Guardians

The Services are intended for users located in the United States. You must be at least thirteen (13) years old to create an account or use the Services. The Services are not directed to, and may not be used by, children under thirteen (13) years of age. We do not knowingly collect personal information from children under thirteen (13) in violation of the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506 ("COPPA"). If we learn that we have collected personal information from a child under thirteen (13) without verifiable parental consent, we will delete that information and terminate the associated account.

If you are at least thirteen (13) but under eighteen (18) years old (or under the age of majority in your state), you may use the Services only if your parent or legal guardian has reviewed and agreed to these Terms on your behalf and supervises your use of the Services. In that case, the parent or legal guardian: (a) is the contracting party under these Terms; (b) agrees to these Terms, including the arbitration provisions in Section 19, on the minor's behalf and on their own behalf; (c) is responsible for the minor's use of the Services, including all activity under the minor's account and all information the minor submits; and (d) consents to our collection and use of the minor's information as described in our Privacy Policy. By permitting a minor to use the Services, the parent or legal guardian accepts these Terms and this responsibility.

To enter into these Terms in your own name, join the waitlist or mailing list, or make any purchase that may be offered in the future, you must be at least eighteen (18) years old (or the age of majority in your jurisdiction) and able to form a legally binding contract. By using the Services, you represent and warrant that you (or, for a minor user, the responsible parent or guardian) meet the applicable requirements above, that all information provided to us is true and accurate, and that your use of the Services does not violate any applicable law or regulation.

4. Accounts and Security

Certain features of the App require you to create an account. When you register, you will be asked to provide certain information, which may include your first and last name, email address, date of birth, and gender, and to create login credentials. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us promptly at support@strokesbrainedgolf.com of any unauthorized use of your account or suspected breach of security. We are not liable for any loss arising from another person's use of your account. Your account is personal to you and may not be sold, transferred, or shared, and you may maintain only one account at a time. We may suspend or terminate your account as described in the Section titled "Termination".

5. License to Use the App; Intellectual Property

Subject to your compliance with these Terms, Strokes Brained grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and install the App on an Apple-branded device that you own or control, as permitted by the Apple App Store Terms of Service and the Usage Rules set forth therein, and to access and use the Services solely for your personal, non-commercial use. The App is licensed to you, not sold.

The Services and all of their contents, including, without limitation, all software and code; text, graphics, logos, icons, and images; the M³ Triangle framework, assessment structures, checklists, tips, drills, and coaching content; player-grade methodologies; page and screen layouts; and the selection and arrangement thereof (collectively, the "Content"), are owned by Strokes Brained or its licensors and are protected by United States and international copyright, trademark, patent, trade-secret, and other intellectual-property laws. "Strokes Brained Golf", "M³", "the M³ Triangle", "Train your brain, up your game," and our logos, product names, and slogans are trademarks or service marks of Strokes Brained and may not be used without our prior written permission. This license does not include any right to copy, reproduce, distribute, publicly display, modify, create derivative works from, sell, license, reverse engineer, decompile, disassemble, frame, mirror, or otherwise exploit any part of the Services or Content, or to remove any proprietary notices. All rights not expressly granted to you are reserved by Strokes Brained. No ownership interest in the Services or any Content is transferred to you by your use of the Services.

6. AI Coach; No Professional Advice; No Guarantee of Results

The Services include an AI-powered mental-game coaching feature that uses artificial-intelligence technology, including large language models provided by third-party AI providers, to generate responses, insights, tips, and drills based on the information you provide, including your round data, assessments, and written reflections (collectively, "AI Output"). You acknowledge and agree that:

(a) AI Output is generated by automated systems, not by a human being, and is provided for general informational, educational, motivational, and self-improvement purposes only;

(b) the Services are not a medical, mental-health, psychological, therapeutic, or counseling service. Strokes Brained is not a licensed physician, psychologist, psychiatrist, therapist, counselor, or other healthcare or mental-health provider, and no AI Output or other Content constitutes, or is a substitute for, professional medical, mental-health, psychological, or other professional advice, diagnosis, or treatment. Never disregard or delay seeking professional advice because of anything you read or receive through the Services. If you are experiencing a mental-health concern, contact a qualified professional; if you believe you may be in crisis or danger, call 911 or the 988 Suicide & Crisis Lifeline immediately;

(c) AI technology is probabilistic and evolving, and AI Output may be inaccurate, incomplete, outdated, or otherwise flawed, may not be appropriate for your circumstances, and should not be relied upon as fact or as a sole basis for any decision. You are solely responsible for evaluating AI Output before relying on or acting upon it;

(d) golf, related training, and physical activity carry inherent risks. You assume all risks associated with your play, practice, and physical activity, and you should consult a physician before beginning any training program if you have any relevant health condition; and

(e) we do not promise or guarantee any particular result, including any improvement in your golf scores, mental performance, player grade, competitive outcomes, or enjoyment of the game. Testimonials, examples, and descriptions of the Services reflect individual experiences and aspirations and are not guarantees.

We may impose limits on your use of AI features, including daily rate limits, and may modify, suspend, or discontinue AI features at any time.

7. User Content; License to Strokes Brained

The Services allow you to submit, upload, or store information and materials, including golf-round logs, scores, "mental shots lost," M³ assessments, checklists, free-text reflections, notes, saved tips, milestones, an optional profile photo, messages to the AI coach, and any other content you provide (collectively, "User Content"). As between you and Strokes Brained, you retain ownership of your User Content.

You grant Strokes Brained a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, reproduce, process, adapt, modify, transmit, display, analyze, and otherwise use your User Content: (a) to operate, provide, maintain, secure, and improve the Services, including transmitting User Content to our third-party service providers (such as our cloud-hosting and AI providers) as needed to provide features you use; (b) to develop new features, products, and services; (c) in aggregated or de-identified form that does not reasonably identify you, for any lawful purpose, including research into the mental game of golf, benchmarking, statistical analysis, and publication or commercialization of aggregate insights; and (d) as otherwise described in our Privacy Policy or authorized by you. This license continues for User Content that has been aggregated or de-identified and otherwise ends when your User Content is deleted from the Services, except that we may retain copies as required by law or for legitimate backup, security, and legal-compliance purposes as described in our Privacy Policy.

By submitting User Content, you represent and warrant that: (a) you own or otherwise control all rights in your User Content, or have obtained all necessary permissions; (b) your User Content, including any profile photo, does not infringe or violate the intellectual-property, privacy, publicity, or other rights of any third party; (c) if your User Content includes information about, or images of, any other person, you have that person's consent (or, for a minor, the consent of their parent or guardian); and (d) your User Content does not violate the section titled "Acceptable Use". You, and not Strokes Brained, are solely responsible for your User Content. We are not obligated to monitor, display, or retain any User Content, and we may remove, restrict, or refuse any User Content at any time and for any reason in our sole discretion, although we assume no obligation to do so. We do not endorse any User Content and assume no liability for it. You are responsible for maintaining your own copies of any User Content you wish to preserve.

8. Feedback and Unsolicited Submissions

We welcome feedback, but we do not accept or consider unsolicited ideas, proposals, features, designs, business plans, or similar materials ("Unsolicited Submissions"), and you agree not to send them to us. If, despite this request, you submit any Unsolicited Submission, or any suggestion, idea, improvement, or feedback regarding the Services ("Feedback"), you agree that it is non-confidential and non-proprietary, and you grant Strokes Brained an unrestricted, irrevocable, worldwide, royalty-free, perpetual, transferable, and sublicensable right and license to use, reproduce, modify, develop, and commercialize it for any purpose, without compensation, attribution, or liability to you. The purpose of this Section is to avoid disputes if the Services or our future products appear similar to materials you may have sent us.

9. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not, and will not permit any third party to:

(a) use the Services in violation of any applicable federal, state, local, or international law or regulation;

(b) submit or transmit any content that is unlawful, threatening, abusive, harassing, defamatory, fraudulent, deceptive, obscene, hateful, or invasive of another's privacy or publicity rights, or that targets or harasses any individual or group on the basis of any protected characteristic;

(c) submit information about any other person without authorization, or impersonate any person or entity or misrepresent your affiliation with any person or entity, including Strokes Brained or its personnel;

(d) infringe or misappropriate any patent, copyright, trademark, trade secret, or other intellectual-property or proprietary right of any party;

(e) use the AI coach or any other feature to generate, solicit, or disseminate content that is harmful, unlawful, or intended to harass or deceive, or attempt to manipulate, "jailbreak," or extract the underlying prompts, models, or systems used to provide AI features;

(f) access or use the Services to build a competing product or service, or copy any features, functions, framework, or graphics of the Services;

(g) engage in scraping, data mining, or harvesting, or use any robot, spider, or other automated means to access the Services or collect content or information from them;

(h) introduce any virus, malware, or other harmful code, or take any action that imposes an unreasonable load on our infrastructure or interferes with the proper working of the Services;

(i) attempt to probe, circumvent, disable, or interfere with any security feature of the Services, access another user's account or data, or exceed rate limits or other usage restrictions we impose; or

(j) use the Services or any Content for any commercial purpose, including resale, coaching services offered to third parties, or research, that is not expressly authorized by us in writing.

We may investigate and take any action we deem appropriate for a suspected violation, including removing content, suspending or terminating access, and cooperating with law enforcement. You acknowledge that we may cooperate fully with investigations of suspected unlawful activity or network-security violations.

10. Fees; Future Subscriptions and Purchases

The Services are currently offered free of charge. We reserve the right to introduce fees, paid tiers, subscriptions, in-app purchases, or other paid offerings in the future, and to change the features included in any free or paid tier, at any time. If we do, we will make applicable pricing and payment terms available at the point of purchase, and any purchase made through the App will be processed by Apple through the Apple App Store in-app purchase system and governed by Apple's applicable terms, including Apple's billing, renewal, and cancellation procedures. We do not collect or store payment-card information. Except as required by applicable law or expressly stated at the time of purchase, all fees will be non-refundable. Waitlist membership, "Founding Members" status, and any related perks are offered as a courtesy, are subject to availability and change, have no cash value, and do not constitute a binding offer, promise of access, or guarantee of any particular pricing, feature, product, or benefit. If we offer merchandise or other products for sale in the future, those sales will be subject to additional terms presented at the time of sale.

11. Waitlist, Mailing List, and Communications

If you join our waitlist or mailing list, you agree to receive emails from us about the Services, including launch updates, early-access invitations, founding-member offers, and other marketing and promotional communications, consistent with the CAN-SPAM Act and other applicable law. You may unsubscribe from marketing emails at any time by using the unsubscribe mechanism in any such email or by contacting us at support@strokesbrainedgolf.com; we may still send you non-promotional, transactional, or account-related communications. If you enable notifications in the App, the App may deliver locally scheduled reminders and tips on your device; you can disable these at any time in your device settings.

12. Third-Party Services

The Services are built on, and depend upon, services provided by third parties, including cloud hosting, database, and authentication services (currently provided by Supabase, hosted on Amazon Web Services), AI-model services (currently provided by Anthropic), and distribution and operating-system services provided by Apple. We are not responsible for the acts, omissions, availability, or security practices of third-party providers, and the Services may be interrupted or degraded by third-party outages or changes. The Site and App may also contain links to third-party websites, services, or resources (including our social-media pages) that are not owned or controlled by Strokes Brained. We provide these links for convenience only and do not endorse, and are not responsible for, the content, accuracy, products, services, or practices of any third party. Your dealings with third parties are solely between you and the third party, and you should review their terms and privacy policies. To the fullest extent permitted by law, you release Strokes Brained from any claims arising out of or relating to any third-party service, site, or dispute.

13. Apple App Store Terms

The following additional terms apply to the App when downloaded from the Apple App Store. These Terms are between you and Strokes Brained only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. Your license to the App is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where available). Apple has no obligation to furnish any maintenance or support services for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are governed by these Terms. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual-property rights, Strokes Brained, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim, to the extent required by these Terms. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement (such as your wireless data service agreement) when using the App. Apple and its 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.

14. Privacy

Your use of the Services is also governed by our Privacy Policy, available at strokesbrainedgolf.com/privacy, which describes how we collect, use, store, and disclose your information including how your reflections and round data are processed by our third-party AI provider to deliver coaching features and how we may use aggregated or de-identified data for research, and is incorporated into these Terms by reference. By using the Services, you acknowledge the practices described in the Privacy Policy. If you provide us with personal information about another person, you represent that you have the authority (including, for a minor, parental or guardian authority) to do so.

15. Copyright Complaints (DMCA)

We respect the intellectual-property rights of others and expect users to do the same. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, we will respond to properly submitted notices of alleged copyright infringement. If you believe that material available through the Services infringes a copyright you own or control, please send a written notice to our designated agent that includes: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (d) your contact information, including name, mailing address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. Notices should be sent to: Strokes Brained Golf, LLC, c/o Rose Law Group pc, 7144 E. Stetson Drive, Suite 300, Scottsdale, Arizona 85251, email: support@strokesbrainedgolf.com. We may remove allegedly infringing material and, in appropriate circumstances, terminate the accounts of repeat infringers.

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ALL CONTENT, AND ALL AI OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. STROKES BRAINED DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY CONTENT OR AI OUTPUT IS ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOUR PURPOSES; THAT YOUR USER CONTENT WILL BE PRESERVED OR REMAIN AVAILABLE; OR THAT USE OF THE SERVICES WILL IMPROVE YOUR GOLF GAME, SCORES, MENTAL PERFORMANCE, OR ANY OTHER OUTCOME. ANY MATERIAL OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STROKES BRAINED OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST GOODWILL, OR LOSS OF DATA OR USER CONTENT, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY CONTENT, OR ANY AI OUTPUT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF STROKES BRAINED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, STROKES BRAINED'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO STROKES BRAINED FOR THE SERVICES DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law. The limitations in this Section titled "Limitation of Liability" are fundamental elements of the bargain between you and Strokes Brained, and the Services would not be provided without them.

18. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Strokes Brained and its parents, subsidiaries, affiliates, members, managers, officers, employees, agents, and licensors from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and expert fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your User Content or any Feedback; (d) your violation of any law or the rights of any third party, including intellectual-property and privacy rights; or (e) any dispute between you and a third party. If you are the parent or legal guardian of a minor user, this Section also applies to claims arising out of that minor's use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us. You may not settle any matter without our prior written consent.

19. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

(a) Informal Resolution. Before initiating any formal proceeding, you and Strokes Brained agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") informally. The party raising the Dispute must send a written notice describing the nature of the claim and the relief sought to the other party, to Strokes Brained at support@strokesbrainedgolf.com or the address in the section title "Miscellaneous; Contact" and the parties will negotiate in good faith for at least sixty (60) days before commencing arbitration.

(b) Agreement to Arbitrate. If the Dispute is not resolved within the sixty-day period, you and Strokes Brained agree that the Dispute will be resolved exclusively through final and binding individual arbitration, rather than in court, except as set out below. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitration will be administered by a recognized arbitration provider, such as the American Arbitration Association (AAA) under its Consumer Arbitration Rules or JAMS under its Streamlined Arbitration Rules, and may be conducted by phone, video, or written submissions, or in person in Maricopa County, Arizona (or another mutually agreed location). Each party will bear its own attorneys' fees and costs unless the applicable rules or law provide otherwise, and arbitration fees will be allocated in accordance with the applicable consumer rules. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any dispute over the interpretation, applicability, enforceability, or formation of this arbitration agreement.

(c) Exceptions. Either party may (i) bring an individual claim in small claims court if it qualifies, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

(d) CLASS ACTION WAIVER. YOU AND STROKES BRAINED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

(e) JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND STROKES BRAINED WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE.

(f) Opt-Out. You may opt out of this section titled "Dispute Resolution; Binding Arbitration; Class Action Waiver" (other than the jury-trial waiver) by sending written notice of your decision within thirty (30) days after first accepting these Terms to support@strokesbrainedgolf.com or the address in the section title "Miscellaneous; Contact", stating your name and intent to opt out. If you opt out, neither you nor Strokes Brained may require the other to arbitrate. Opting out has no effect on any other provision of these Terms.

(g) Severability. If the class action waiver in subsection (d) is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court, while all other claims remain in arbitration.

20. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Subject to the section titled "Dispute Resolution; Binding Arbitration; Class Action Waiver", you and Strokes Brained agree that any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts and waive any objection to venue or inconvenient forum.

21. International Use and Export

The Services are controlled and operated from within the United States. We make no representation that the Services are appropriate or available for use outside the United States and accessing the Services from jurisdictions where their content is illegal is prohibited. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You agree to comply with all applicable export and re-export control laws and regulations.

22. Termination

We may suspend or terminate your access to all or part of the Services, with or without notice and for any reason or no reason, including any suspected violation of these Terms or any fraudulent, abusive, or unlawful activity. You may stop using the Services at any time and may delete your account and associated data through the Account screen in the App or by contacting us at support@strokesbrainedgolf.com. Upon any termination, your license to use the Services immediately ceases, and we may delete your account and User Content, subject to our Privacy Policy and applicable law. All provisions that by their nature should survive termination, including the provisions governing intellectual property, User Content licenses, Feedback, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and the miscellaneous terms, will survive.

23. Notices and Electronic Communications

When you use the Services or send communications to us, you consent to receive communications from us electronically, including by email, in-App notices, or notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. Notices to you are deemed given when posted on the Site or in the App or when sent to the email address associated with your account or waitlist entry. Notices to Strokes Brained must be sent to the address in the section titled "Miscellaneous; Contact".

24. California Consumer Notice

Under California Civil Code Section 1789.3, California residents are entitled to the following notice: You may contact us regarding any question or complaint about the Services using the information in the section titled "Miscellaneous; Contact". You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

25. Miscellaneous; Contact

These Terms, together with the Privacy Policy and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and Strokes Brained regarding the Services and supersede all prior or contemporaneous understandings on that subject. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that or any other provision. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void; we may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets. No agency, partnership, joint venture, or employment relationship is created between you and Strokes Brained by these Terms or your use of the Services. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control. The headings in these Terms are for convenience only and do not affect interpretation. In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable costs and attorneys' fees. To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim arises, or it is permanently barred.

If you have any questions about these Terms, please contact us at:

Strokes Brained Golf, LLC
7144 E. Stetson Drive, Suite 300
Scottsdale, Arizona 85251
Email: support@strokesbrainedgolf.com
Website: strokesbrainedgolf.com