Terms for using DivotData.

These Terms of Use are a binding agreement between you and DivotData. By accessing the website, creating an account, uploading simulator data, generating or viewing a Divot Card, sharing a guest card, using a practice recommendation, or otherwise using DivotData, you accept these Terms, the Privacy Policy, and the Disclaimer and Assumption of Risk.

If you use DivotData for a company, facility, team, coach, student, guest, or other organization, you represent that you have authority to bind that organization and that all users, guests, students, and participants have received any notices, permissions, and safety disclosures required by law and by these Terms.

DivotData Parties means DivotData, its owner(s), operator(s), officers, employees, contractors, affiliates, successors, assigns, service providers, and agents.

You must be legally able to accept these Terms. Do not use DivotData if you are under the age required by applicable law unless a parent, guardian, coach, or facility with proper authority supervises and accepts responsibility. You are responsible for your account credentials, account activity, uploaded files, shared links, and users you invite or allow to access cards.

DivotData is a beta product. Features, compatibility, pricing, reports, routes, upload flows, parser behavior, card quality, coach workflows, facility workflows, guest-card workflows, and availability may change, break, be removed, or stop at any time. DivotData may suspend, limit, or discontinue any part of the service without liability to you.

Divot Cards, confidence scores, practice blocks, drills, hypotheses, baseline comparisons, retest protocols, progress receipts, coach drafts, facility guest cards, and other outputs are informational practice aids only. They are not medical advice, safety advice, diagnosis, guarantee, professional instruction, or proof of exact swing mechanics.

You are solely responsible for deciding whether to use, ignore, modify, verify, or stop using any suggestion. You should use a qualified golf coach, medical professional, trainer, facility operator, or equipment professional when appropriate.

• Only upload files, text, player information, facility information, guest information, student information, or simulator data that you own or have permission to use.
• You grant DivotData a worldwide, non-exclusive, royalty-free license to host, copy, parse, process, display, store, back up, transmit, and use uploaded data and generated outputs as needed to provide, maintain, secure, troubleshoot, improve, and support the service.
• You are responsible for the accuracy, legality, quality, consent, and backup of all uploaded data.
• Do not upload sensitive health information, payment card data, government identifiers, or information you are not authorized to share.

If you use DivotData as a coach, facility, staff member, league, business, or event operator, you are responsible for guest and student consent, facility safety, supervision, waivers, emergency procedures, data rights, privacy notices, assignment of shots to the correct player, and compliance with laws and facility rules. DivotData does not supervise participants, inspect premises, certify coaches, certify equipment, or assume facility operating risk.

You agree to practice safely, inspect your environment before swinging, follow manufacturer and facility instructions, stay within your physical limits, stop if anything hurts or feels unsafe, and seek medical or professional guidance when appropriate. You assume all risks associated with golf practice, simulator use, drills, retests, and reliance on generated practice information.

DivotData may work with or refer to third-party simulators, launch monitors, export formats, software, apps, authentication services, cloud providers, email clients, payment processors, coaches, facilities, and other services. DivotData is not responsible for third-party products, subscriptions, licenses, exports, outages, updates, misreads, calibration, security incidents, data loss, equipment damage, physical injury, or support.

• Do not use DivotData in any unlawful, unsafe, deceptive, abusive, infringing, or unauthorized way.
• Do not interfere with the service, reverse engineer non-public parts of the service, scrape at scale, bypass security, upload malware, or attempt unauthorized access.
• Do not use DivotData to make medical, emergency, insurance, employment, eligibility, gambling, or other high-stakes decisions.
• Do not represent that DivotData has approved, certified, diagnosed, guaranteed, or medically cleared a golfer, coach, facility, drill, swing change, or simulator setup.

DivotData is provided as is and as available. To the maximum extent permitted by applicable law, DivotData disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, compatibility, security, and error-free operation.

To the maximum extent permitted by applicable law, the DivotData Parties will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for lost profits, lost revenue, lost data, business interruption, goodwill loss, personal injury, property damage, software malfunction, hardware malfunction, simulator misread, facility incident, coach or guest claim, or reliance on generated content. To the maximum extent permitted by applicable law, total liability for all claims will not exceed the greater of the amount you paid DivotData for the service giving rise to the claim during the 12 months before the claim arose or 100 US dollars.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the DivotData Parties from and against all claims, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of DivotData, your uploaded data, your practice activity, your facility or coach workflow, your guest or student cards, your violation of these Terms, your violation of law, your infringement or misuse of another person's rights or data, or any injury, death, property damage, data loss, or dispute involving you, your users, guests, students, facility, equipment, or third-party services.

DivotData and its software, design, text, graphics, trademarks, logos, workflows, reports, components, and other service materials are owned by DivotData or its licensors. You may use generated cards for your own practice, coaching, facility, or guest workflow subject to these Terms, but you may not copy, sell, sublicense, rebrand, or commercially exploit the service itself without written permission.

DivotData may suspend or terminate access, remove content, or refuse service if DivotData believes you violated these Terms, created risk, misused the service, infringed rights, created security issues, or used the product in a way that could harm users, third parties, or DivotData.

Some jurisdictions do not allow certain disclaimers, releases, indemnities, warranty exclusions, or liability limits. Nothing in these Terms excludes liability that cannot legally be excluded. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.