End User License Agreement

This End User License Agreement ("EULA") is a binding agreement between you and Backswing, Inc. ("Backswing," "we," "us," or "our") governing your download, installation, and use of the Backswing mobile application and any updates (the "App"). This EULA supplements our Terms & Conditions and Privacy Policy. By downloading, installing, or using the App, you agree to this EULA. If you do not agree, do not use the App.

1. License grant

Subject to your compliance with this EULA, Backswing grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use one copy of the App on a device you own or control, solely for your personal, non-commercial use, in accordance with the usage rules of the applicable app store.

2. License restrictions

You will not, and will not permit anyone to: (a) copy, modify, or create derivative works of the App; (b) reverse engineer, decompile, or disassemble the App, except as permitted by law; (c) rent, lease, lend, sell, sublicense, or distribute the App; (d) remove or alter any proprietary notices; or (e) use the App in violation of any law or the Terms & Conditions.

3. Ownership

The App is licensed, not sold. Backswing and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights. All rights not expressly granted are reserved.

4. Saved payment methods

If you turn on "Save this card for future bookings" when you pay, you authorize Backswing and our payment processor (Stripe, Inc.) to securely store that card and to charge it for future purchases you make in the App, including bookings, Booking Fees, taxes, split-payment amounts you agree to cover, and any cancellation or no-show charges under the Terms & Conditions. This authorization is presented to you separately at checkout before any card is saved. Backswing stores a card only if you opt in, and does not use saved cards for automatic recurring subscriptions. Backswing does not store your full card number; your card is stored by Stripe (a PCI-DSS certified provider), and Backswing keeps only the card brand, last four digits, and expiration date. You can remove a saved card — and withdraw your consent to store it — anytime under Profile → Payment Methods. We keep a record of your consent, including the date, the scope of your authorization, and the version of these terms you accepted.

5. Payments through app stores

Some purchases may be processed by Backswing's payment processor and others through the Apple App Store or Google Play, depending on the transaction. Purchases made through an app store are also subject to that store's terms.

6. Updates

Backswing may provide updates, upgrades, patches, bug fixes, or new versions of the App, which your device may download and install automatically. This EULA governs any update unless the update is accompanied by a separate license, in which case that license governs. Backswing has no obligation to provide updates or to continue providing any particular feature.

7. Notifications and text messaging

The App may send push notifications and, if you opt in, text messages related to your account, bookings, and group coordination, consistent with the SMS terms in the Terms & Conditions. Message frequency varies, and message and data rates may apply. Reply STOP to opt out of texts and HELP for help. You can manage push notifications in your device settings.

8. Third-party terms; Apple and Google

8.1 Acknowledgement. This EULA is between you and Backswing only, not with Apple Inc. or Google LLC ("App Providers"). Backswing, not the App Providers, is solely responsible for the App and its content.

8.2 Scope of license. The license in Section 1 is limited to use of the App on a device you own or control and as permitted by the applicable App Provider's usage rules.

8.3 Maintenance and support. Backswing is solely responsible for maintenance and support for the App. The App Providers have no obligation to provide maintenance or support.

8.4 Warranty. Backswing is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify the applicable App Provider, and (for Apple) Apple may refund the purchase price of the App, if any; to the maximum extent permitted by law, the App Providers have no other warranty obligation with respect to the App.

8.5 Product claims. Backswing, not the App Providers, is responsible for addressing claims relating to the App, including product liability, failure to conform to legal or regulatory requirements, and consumer-protection claims.

8.6 Intellectual property claims. Backswing is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App infringes intellectual property rights.

8.7 Legal compliance. 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 list of prohibited or restricted parties.

8.8 Third-party beneficiary. You acknowledge that the App Providers and their subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance, will have the right to enforce it against you.

9. Disclaimers and limitation of liability

The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, to the maximum extent permitted by law. The disclaimers ("No Warranties") and limitations of liability in the Terms & Conditions apply to the App and are incorporated by reference.

10. Term and termination

This EULA is effective until terminated. It terminates automatically if you fail to comply with it, or when you delete the App or your account. Upon termination, you must stop using and delete the App. Provisions that by their nature should survive will survive.

11. Governing law and dispute resolution

This EULA is governed by the laws of the State of Utah, without regard to its conflict-of-laws rules, and is subject to the dispute-resolution provisions (including binding arbitration and the class action waiver) in the Terms & Conditions.

12. Pro Shop Caddie dashboard (course staff)

This Section 12 applies if you are an employee, contractor, or authorized user of a golf course, club, or facility ("Course") that subscribes to Pro Shop Caddie, Backswing's AI voice agent, and you access the Pro Shop Caddie dashboard or applications.

12.1 License. Backswing grants the Course a limited, revocable, non-exclusive, non-transferable license for its authorized users to access the Pro Shop Caddie dashboard to configure the AI agent and review call activity, solely for the Course's internal business purposes and in accordance with the Pro Shop Caddie section of the Terms & Conditions.

12.2 Accounts and access. You must keep your credentials confidential and are responsible for activity under your account. The Course is responsible for provisioning and promptly removing access for its personnel. Do not share logins.

12.3 Call recordings and transcripts. The dashboard gives you access to recordings and transcripts of calls from members of the public. You will access and use this content only as necessary to perform your job for the Course. You will not download, copy, publish, post, share, sell, or otherwise disclose call recordings or transcripts outside the Course, and you will not use them to identify, profile, market to, or harass any caller. Misuse of call recordings may violate wiretapping, privacy, and biometric laws and may expose you and the Course to civil and criminal liability.

12.4 Required disclosures. You will not disable, suppress, shorten, or alter the AI-and-recording disclosure the Agent plays at the start of each call, and you will not configure the Agent to deny that it is an AI, to impersonate an identifiable person, or to refuse a caller's request to reach a human.

12.5 No biometric processing. You will not configure, enable, or request any feature that would cause the Agent to create a voiceprint or other biometric identifier, or to identify or distinguish callers by their vocal characteristics. Pro Shop Caddie does not perform speaker identification, voice authentication, or diarization, and does not use caller audio to train voice models.

12.6 Accuracy. The AI agent may make mistakes. You are responsible for keeping the Course's configured hours, pricing, and policies current and for confirming any commitment the Agent communicates to a caller. Do not rely on the Agent for emergencies or safety-critical matters.

13. Contact

Backswing, Inc.
2784 W 2650 N
Clinton, UT 84015
United States
info@backswing.ai