Terms of Service

Last updated June 09, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Greenside AI, Inc. ("Company," "we," "us," "our"), a company registered in Massachusetts, United States, at 545 E 3rd St, Unit 10, Boston, MA 02127.

We operate the mobile application Greenside AI (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Greenside AI is a golf swing analysis application that allows golfers and instructors alike to upload a video of a golf swing and immediately generate personalized feedback and insights on how to improve.

You can contact us by email at contact@greenside.ai.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Greenside AI, Inc., concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

We will provide prior notice of any scheduled changes to the Services you are using. Modified Legal Terms will become effective upon posting or notifying you via info@greenside.ai, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction where they reside (generally under 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, your parent or guardian must read and agree to these Legal Terms before you use the Services.

We recommend printing a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PURCHASES AND PAYMENT
  6. SUBSCRIPTIONS
  7. PROHIBITED ACTIVITIES
  8. USER-GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENSE
  10. MOBILE APPLICATION LICENSE
  11. THIRD-PARTY WEBSITES AND CONTENT
  12. ADVERTISERS
  13. SERVICES MANAGEMENT
  14. PRIVACY POLICY
  15. TERM AND TERMINATION
  16. MODIFICATIONS AND INTERRUPTIONS
  17. GOVERNING LAW
  18. DISPUTE RESOLUTION
  19. CORRECTIONS
  20. DISCLAIMER
  21. LIMITATIONS OF LIABILITY
  22. INDEMNIFICATION
  23. USER DATA
  24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  25. SMS TEXT MESSAGING
  26. CALIFORNIA USERS AND RESIDENTS
  27. MISCELLANEOUS
  28. CONTACT US

1. OUR SERVICES

The information provided through the Services is not intended for distribution to or use by any person or entity in a jurisdiction or country where such distribution or use would violate local laws or regulations. Those choosing to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations such as HIPAA, FISMA, or the Gramm-Leach-Bliley Act (GLBA). If your interactions would be subject to such laws, you may not use the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We own or license all intellectual property rights in the Services, including source code, databases, software, website designs, audio, video, text, graphics, and trademarks ("Content" and "Marks"). These are protected under copyright and trademark laws.

The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purposes only.

Your Use of the Services

We grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print any accessible Content for personal, non-commercial use or internal business purposes.

No part of the Services, Content, or Marks may be copied, reproduced, aggregated, or otherwise exploited for commercial purposes without our prior written consent.

If you wish to use any part of the Services beyond these terms, contact us at contact@greenside.ai.

Your Submissions

By sending us feedback, suggestions, or other content ("Submissions"), you assign us all intellectual property rights in such Submissions.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  • All information provided during registration is accurate and up-to-date.
  • You are at least 13 years old (or have parental permission if a minor).
  • You will comply with these Legal Terms and applicable laws.

We reserve the right to suspend or terminate your account for any violations.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

We reserve the right to remove, reclaim, or change a username you select if we determine it is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover

You agree to provide accurate and current purchase and account information for all transactions made via the Services. Sales tax may be added where required. Payments will be in US dollars.

We reserve the right to refuse or cancel any order and to correct any errors in pricing.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis until you cancel.

Free Trial

We offer a free trial to new users, which will transition to a paid plan unless canceled before the trial ends.

Cancellation

You can cancel your subscription via Apple's native subscription management flow. Your cancellation will take effect at the end of the current term.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, database, or directory without written permission.
  • Circumvent, disable, or interfere with security-related features of the Services.
  • Use the Services for unauthorized advertising or solicitation.
  • Upload or transmit harmful or malicious content.
  • Engage in any automated use of the system, such as bots or data scraping.
  • Attempt to impersonate another user or person.
  • Harass, intimidate, or threaten any employee or agent providing the Services.

Violations of these prohibitions may result in termination of your use of the Services.

8. USER-GENERATED CONTRIBUTIONS

The Services do not currently allow users to submit content. If you submit content to us directly, you agree to comply with these Legal Terms and grant us rights to use such content.

9. CONTRIBUTION LICENSE

By submitting suggestions or other feedback regarding the Services, you agree that we may use such feedback for any purpose without compensation. You retain ownership of your contributions but grant us a license to use them as outlined in our Privacy Policy.

10. MOBILE APPLICATION LICENSE

Use License

We grant you a limited, revocable license to install and use the App on your devices in accordance with these Legal Terms. You may not decompile, reverse engineer, or modify the App.

Apple and Android Devices

When using the App from the Apple Store or Google Play, you agree to comply with their respective terms and acknowledge their limited responsibilities regarding the App.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may link to third-party websites or content. We are not responsible for the accuracy or reliability of third-party content. Use of such links is at your own risk, and we encourage you to review the terms of any third-party sites.

12. ADVERTISERS

We may allow advertisers to display ads on the Services. We are not responsible for the actions or claims of advertisers.

13. SERVICES MANAGEMENT

We reserve the right to manage the Services to ensure proper functioning, including monitoring for violations and removing excessive or burdensome content.

14. PRIVACY POLICY

We value your privacy. Please review our Privacy Policy at https://greenside.ai/privacy. By using the Services, you agree to the terms of the Privacy Policy.

15. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We reserve the right to terminate or suspend your access for violations of these terms without notice.

16. MODIFICATIONS AND INTERRUPTIONS

We may modify or discontinue the Services at any time without liability. We cannot guarantee the Services will be available at all times and are not responsible for interruptions.

17. GOVERNING LAW

These Legal Terms are governed by the laws of Massachusetts without regard to conflict of law principles.

18. DISPUTE RESOLUTION

Informal Negotiations

The Parties agree to attempt to resolve disputes informally for at least 30 days before pursuing arbitration.

Binding Arbitration

Unresolved disputes will be settled through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in Suffolk, Massachusetts.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Use of the Services,
  2. Breach of these Legal Terms,
  3. Any breach of your representations and warranties set forth in these Legal Terms,
  4. Your violation of the rights of a third party, including but not limited to intellectual property rights, or
  5. Any overt harmful act toward any other user of the Services with whom you connected via the Services.

We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate, at your expense, with our defense of such claims.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. SMS TEXT MESSAGING

Opting Out

Users are only sent transactional messages when they trigger an action. They can stop receiving texts by refraining from performing actions like creating an account.

Message and Data Rates

Message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at contact@greenside.ai.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can 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, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.

28. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Greenside AI, Inc.
545 E 3rd St
Unit 10
Boston, MA 02127
United States
contact@greenside.ai