Terms & Conditions
Terms and Conditions
- Version
- 1.0.1
- In effect
- Updated
Version: 1.0.1 Last updated: 26 August 2026
DRAFTING NOTE — REMOVE BEFORE PUBLICATION. This draft was written from the ShaftFitter backend codebase and the iOS/Android app, and reflects how the Service actually behaves as of 26 August 2026 — plan structure, credits, billing rails, the storefront, affiliate links, and sharing. Every
[BRACKETED]item requires a business/legal decision. Sections marked ⚖️ COUNSEL flag choices a lawyer must confirm. Seedocs/legal/OPEN_QUESTIONS.md.
18 sections
These Terms and Conditions ("Terms") are a binding agreement between you and [LEGAL ENTITY NAME] ("ShaftFitter", "we", "us", "our") governing your use of the ShaftFitter mobile application, our websites at shaftfitters.com and app.shaftfitters.com, and all related APIs, content, and services (the "Service").
By creating an account, downloading the app, or using the Service, you accept these Terms. If you do not accept them, do not use the Service.
Our Privacy Policy is incorporated into these Terms by reference.
⚖️ COUNSEL — Section 15 contains a binding arbitration provision and a class action waiver. Confirm enforceability, opt-out mechanics, and required conspicuous-notice formatting before publication.
ShaftFitter analyzes swing data you provide from a launch monitor and recommends golf shafts that our engine calculates may suit your swing. We also operate an online store and display links to third-party retailers.
The recommendations are informational. They are not a professional club fitting.
- Our output depends entirely on the accuracy of the data you upload. Launch monitors vary in accuracy, calibration, and methodology, and a small or unrepresentative sample of shots will produce a poor recommendation.
- We do not guarantee that any recommended shaft will improve your distance, accuracy, consistency, score, or enjoyment.
- We are not a substitute for an in-person fitting with a qualified club fitter, and nothing in the Service is professional, medical, or physical-fitness advice.
- Golf involves physical exertion and risk of injury. Consult a physician before changing your equipment or swing if you have any health concern. You use equipment at your own risk.
You are responsible for your own purchasing decisions. Verify specifications, fit, and compatibility with the retailer or a qualified fitter before you buy.
Age. ⚖️ COUNSEL — confirm. This draft requires you to be at least 13 years old to hold an account, and at least 18 (or the age of majority where you live) to make any purchase, start a subscription, or enter into a transaction. If you are between 13 and the age of majority, you may use the Service only with the involvement of a parent or guardian who agrees to these Terms on your behalf.
Accurate information. You agree to provide accurate account information and keep it current.
Account security. You are responsible for keeping your password confidential and for all activity under your account. Tell us immediately at support@shaftfitters.com if you suspect unauthorized use.
One person, one account. Accounts are personal to you. You may not share, sell, or transfer your account.
Usernames. Each account has a unique public username, generated from your email address at signup and changeable by you. Usernames let other users find you for sharing. We may reclaim or change a username that is impersonating, offensive, infringing, or otherwise in breach of these Terms.
Suspension and termination by us. We may suspend or terminate your account if you breach these Terms, if we are required to by law, or if we reasonably believe your use creates risk or legal exposure for us or another user. Where practical and lawful, we will tell you why.
Termination by you. You may delete your account at any time from Account Settings. See the Privacy Policy for what happens to your data. Deleting your account does not automatically entitle you to a refund (see Section 6).
You own your data. Swing data, uploaded files, player profiles, equipment details, notes, reviews, and feedback you submit remain yours.
The licence you grant us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, and analyze your content for the purpose of operating and improving the Service — including generating your recommendations and analytics, and, unless you opt out in your privacy settings, including your data in aggregated and de-identified datasets we use for research and product improvement. This licence ends when you delete the content or your account, except for aggregated and de-identified data that no longer identifies you and for copies retained as described in the Privacy Policy.
Public content. Product reviews you submit are moderated and, once approved, are visible to other users along with your display name. You grant us a perpetual, irrevocable, royalty-free licence to use, display, reproduce, and distribute reviews you publish, including in marketing. Do not submit a review containing anything you are not willing to make public.
Your warranties. You warrant that you have the right to submit everything you upload, that it does not infringe anyone's rights, and that it does not contain unlawful, defamatory, or harmful material.
Feedback. If you send us ideas or suggestions about the Service, we may use them freely and without obligation or compensation to you.
6.1 Plans
| Plan | How it works |
|---|---|
| Pay As You Go | The free floor. Your account starts with 3 upload credits and no card is required. Further uploads are bought as credit packs. |
| Monthly | A recurring subscription giving unlimited uploads and the full paid feature set, billed each month. |
| Annual | The same feature set as Monthly, billed once a year. |
| Lifetime | The same feature set, bought once. It has no expiry date and never renews. |
Monthly, Annual, and Lifetime carry an identical feature set and differ only in how they are billed. That set is:
- recommendations for every club in your bag, rather than driver only;
- advanced tuning controls;
- unlimited uploads — uploads on these plans never consume credits;
- unrestricted history — full analytics and session history, with no lookback window;
- up to 10 recommendations per analysis.
Pay As You Go gives you driver recommendations, a 30-day analytics and session-history window, and up to 3 recommendations per analysis.
Current prices are shown in the app before you buy, in your local currency. Prices are set in our plan catalog and may change. A price change takes effect on your next purchase or renewal; it never changes the price of something you have already bought.
6.2 Upload credits
Uploads are metered as credits, and only on Pay As You Go — Monthly, Annual, and Lifetime have unlimited uploads and never draw on the credit ledger.
New accounts receive 3 upload credits at signup. Further credits are bought in packs that scale with the amount paid: $10 buys 3 credits, $20 buys 6, $30 buys 9.
Credits are consumed as you use them, are not redeemable for cash, and have no value outside the Service. ⚖️ COUNSEL: state whether purchased upload credits expire and, if so, when — several US states regulate expiry of prepaid value. This draft assumes purchased upload credits do not expire; confirm.
6.3 Payments
How you pay depends on the platform and on what you are buying.
- Digital purchases made inside the iOS app — plans and upload credit packs — are sold as Apple In-App Purchases and are billed by Apple. Your payment method, receipts, purchase history, and refunds for these are handled by Apple under your Apple Account, not by us.
- Digital purchases made on Android or through our website are processed by Stripe.
- Storefront purchases of physical goods (Section 7) are processed by Stripe on every platform, including iOS. Physical goods are never sold through In-App Purchase.
By making a purchase you also agree to the terms of the processor that handles it — Apple's or Stripe's. We do not receive or store your full card number. You warrant that you are authorized to use the payment method you provide, and you authorize us, or the applicable store, to charge it for the amounts you approve, including applicable taxes.
Restoring purchases. If you bought through Apple, you can restore a previous purchase — a Lifetime plan in particular — on any device signed in to the same Apple Account, using Restore Purchases on the purchase or billing screen.
6.4 Subscription renewal and cancellation
Monthly and Annual subscriptions renew automatically at the then-current price, each month and each year respectively, until you cancel. You may cancel at any time; cancellation takes effect at the end of the paid period, and you keep access until then.
Lifetime is not a subscription. It is a one-time purchase. It does not renew, and it does not expire.
When a Monthly or Annual subscription ends or lapses, your account returns to the Pay As You Go floor — you keep your data and any remaining credits, and you are not locked out.
If you purchased through the Apple App Store, your subscription is managed by Apple and must be cancelled in your Apple Account settings. If you purchased through Google Play, it must be cancelled there. Those stores' refund policies apply to those purchases.
⚖️ COUNSEL: US federal ROSCA and state auto-renewal laws (notably California's ARL, as amended) require specific pre-purchase disclosures, affirmative consent, post-purchase acknowledgement, renewal reminders, and an easy click-to-cancel path. Confirm the app's purchase flow and this section satisfy them, and add any required notice text.
6.5 Refunds
⚖️ COUNSEL — this section needs a business decision and compliant drafting. This draft assumes:
- Digital purchases (plans, upload credit packs) are non-refundable once the credits or access have been used, except where a refund is required by law or by the app store you purchased through.
- Purchases billed by Apple or Google can only be refunded by that store. We cannot issue a refund for them, and requests must go to the store directly.
- Physical goods bought on our storefront are covered by Section 7.
- Statutory rights that cannot be excluded — including EU/UK consumer withdrawal rights, if the Service is offered there — are unaffected.
We operate a direct storefront selling golf equipment and accessories. Orders are fulfilled on a drop-ship basis by our supplier.
Orders. Your order is an offer to buy. We accept it when we charge your payment method and confirm the order. An order moves through: pending payment → paid → fulfilled, or is cancelled or refunded.
Pricing and availability errors. Product descriptions, images, specifications, and stock indicators come partly from suppliers and automated imports and may be incomplete or out of date. If an item is mispriced or unavailable, we may cancel the order and refund you in full. Stock levels shown in the app are informational and do not guarantee availability.
Shipping. We ship to the addresses and territories shown at checkout. Delivery estimates are estimates, not guarantees. ⚖️ COUNSEL / OPS: specify when title and risk of loss pass — this draft assumes on delivery to the carrier; confirm against the supplier arrangement.
Returns and refunds. ⚖️ COUNSEL / OPS — a concrete returns policy is required and does not yet exist. It must state the return window, condition requirements, who pays return shipping, restocking fees if any, how refunds are issued, and which items (for example custom-built or custom-length clubs) are non-returnable. It must also comply with the FTC Mail, Internet, or Telephone Order Merchandise Rule on shipment timing and delay notices.
Warranties. Manufacturer warranties, where offered, are provided by the manufacturer, not by us. We pass through what the manufacturer provides.
Disclosure: ShaftFitter earns commissions. Many "Buy" buttons in the app are affiliate links. When you click one and make a purchase, we may receive a commission from the retailer or the affiliate network at no additional cost to you.
This does not determine what we recommend. Recommendations are produced by our fitting engine from your swing data. Where a recommended shaft has purchase options, we surface them.
We are not the seller. When you click through, you leave ShaftFitter and transact directly with the retailer. That purchase is governed by the retailer's terms, prices, availability, shipping, returns, and privacy policy — not ours. We do not hold inventory, process those payments, or provide customer support for those purchases, and we are not responsible for the retailer's acts or omissions.
Prices change. Prices and availability shown in the app are captured periodically from retailers and networks and may be out of date. The price at the retailer's checkout is the price that applies.
⚖️ COUNSEL: confirm this disclosure satisfies the FTC Endorsement Guides (16 CFR Part 255) and that the in-app placement is "clear and conspicuous" — a disclosure buried only in the Terms is generally insufficient. The app UI must also carry a disclosure near the buy buttons.
You agree not to:
- use the Service for any unlawful purpose, or in breach of any applicable law or regulation;
- upload data you do not have the right to upload, or falsify swing data to manipulate results;
- access another user's account or data, or attempt to;
- scrape, crawl, harvest, or systematically extract our catalog, pricing, recommendation output, or any other part of the Service, by any automated means;
- reverse engineer, decompile, or attempt to derive our recommendation engine, models, or source code, except to the extent this restriction is unenforceable by law;
- resell, sublicense, or commercially exploit the Service or its output without our written permission;
- interfere with or disrupt the Service, probe or test its security, circumvent rate limits or access controls, or introduce malicious code;
- use the Service to build a competing product;
- submit content that is defamatory, obscene, harassing, hateful, infringing, or otherwise objectionable, including in reviews and feedback;
- misrepresent veteran status or any other status to obtain a benefit;
- create accounts repeatedly to obtain the signup upload-credit grant more than once.
We may remove content and suspend accounts that breach this section.
The Service — including the software, the recommendation engine and its models, the shaft catalog and its editorial data, our text, graphics, logos, and the ShaftFitter name and marks — is owned by us or our licensors and is protected by intellectual property laws.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial golf equipment purposes. All rights not expressly granted are reserved. You get no rights in our marks.
Third-party brand names, shaft models, and product images belong to their respective owners and appear for identification purposes.
We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Service, including features and plan contents, at any time. Where a change materially reduces what a paid plan provides, we will give reasonable notice and, ⚖️ COUNSEL to confirm, a pro-rata refund or equivalent remedy.
We may impose limits on uploads, storage, requests, and other usage.
⚖️ COUNSEL — confirm capitalization/conspicuousness requirements for warranty disclaimers in the governing jurisdiction.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT: THE SERVICE WILL MEET YOUR REQUIREMENTS; ANY RECOMMENDATION WILL IMPROVE YOUR PERFORMANCE OR BE SUITABLE FOR YOU; OUR ANALYSIS OR ANY PRICE, SPECIFICATION, OR AVAILABILITY INFORMATION IS ACCURATE, COMPLETE, OR CURRENT; OR THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms excludes liability that cannot be excluded by law, including for death or personal injury caused by negligence, or for fraud.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SHAFTFITTER NOR ITS OFFICERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR GOLFING OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF [THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM] OR [USD 100].
⚖️ COUNSEL: the cap figures are placeholders. Also confirm whether the cap should carve out storefront purchases, where a product-liability or goods-based claim may warrant different treatment from the SaaS liability position.
Some jurisdictions do not allow these limitations, so some may not apply to you.
You agree to indemnify and hold harmless ShaftFitter and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Service, your content, or your violation of any law or third-party right.
⚖️ COUNSEL — THIS ENTIRE SECTION REQUIRES YOUR DECISION. Drafted below is a conventional US consumer-app position: informal resolution first, then binding individual arbitration with a class action waiver and a 30-day opt-out. It is a genuine business choice, not a default — arbitration clauses are increasingly challenged, mass-arbitration exposure is real, and this clause is unenforceable or restricted in several non-US jurisdictions. Replace wholesale if the company prefers ordinary court jurisdiction.
15.1 Informal resolution. Before filing a claim, contact us at [LEGAL CONTACT EMAIL] and give us 60 days to resolve it informally.
15.2 Binding arbitration. If we cannot resolve it, you and we agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by [ARBITRATION BODY] under its consumer rules, seated in [CITY, STATE], rather than in court. [ALLOCATION OF ARBITRATION FEES.]
15.3 Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
15.4 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.
15.5 Opt out. You may opt out of arbitration by emailing [LEGAL CONTACT EMAIL] within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
15.6 Governing law. These Terms are governed by the laws of [STATE], United States, without regard to its conflict of laws rules. Where arbitration does not apply, the courts of [COUNTY, STATE] have exclusive jurisdiction. If you are a consumer resident in the EEA or UK, you keep the benefit of mandatory local consumer protections and the right to bring proceedings in your local courts.
If you download the app from the Apple App Store, the following apply and prevail over anything inconsistent in these Terms:
- These Terms are between you and ShaftFitter only, not with Apple. Apple is not responsible for the app or its content.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.
- Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, legal or regulatory non-compliance, or consumer protection claims.
- Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the app infringes intellectual property rights.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government prohibited or restricted party list.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you download the app from Google Play, Google's Play Terms of Service also apply to that distribution, and purchases made through Google Play are subject to Google's payment and refund policies.
Changes to these Terms. We may update these Terms. We publish each version with an effective date and keep prior versions available. If a change is material, we will notify you in the app or by email before it takes effect. Continued use after the effective date means you accept the updated Terms.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and supersede any prior agreement on the same subject.
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect.
No waiver. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for failure to perform due to causes beyond our reasonable control.
Notices. We may give you notice by email to the address on your account or by in-app message. Send notices to us at [LEGAL CONTACT EMAIL].
Survival. Sections 4, 8, 10, 12, 13, 14, 15, and 17 survive termination.
[LEGAL ENTITY NAME] [REGISTERED ADDRESS]
General support: support@shaftfitters.com Legal notices: [LEGAL CONTACT EMAIL] Privacy: privacy@shaftfitters.com