Terms & Conditions

These Terms & Conditions ("Terms") are a contract between you and Backswing, Inc. ("Backswing," "us," "we," or "our"), the provider of the Backswing mobile applications, the website at backswing.ai, and the services accessible through them (collectively, the "Backswing Service" or "Service"). These Terms apply to the entire website/app and any email, SMS, or other communication between you and Backswing.

By accessing the Service, creating an account, or placing an order, you confirm that you agree to and are bound by these Terms, together with our Privacy Policy and End User License Agreement, which are incorporated by reference. If you do not agree, do not use the Service. "You" refers both to you as an individual and to any entity you represent.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SEE "DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER") THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED BELOW.

Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that the information you provide is accurate and current. The Service is intended for users located in the United States.

Definitions and key terms

• Company / we / us / our: Backswing, Inc., 2784 W 2650 N, Clinton, UT 84015, responsible for your information under these Terms.
• Country: United States.
• Device: any internet-connected device (phone, tablet, computer) used to access the Service.
• Service: the service provided by Backswing as described in these Terms and on the platform.
• Course: a golf course, club, or facility that offers tee times or related goods and services through the Service.
• Booking Fee: a fee charged by Backswing for facilitating tee-time reservations. Refundability depends on the payment method selected — Pay Online Booking Fees may be refunded if the reservation is canceled in accordance with the applicable Course's policy; Pay at Course Booking Fees are non-refundable under all circumstances.
• Payment Provider: Stripe, Inc. and any other payment processor we use (accepting Visa, MasterCard, and other issuers we support).
• Stored Payment Method / Card on File: a payment card you have chosen to save to your account for future purchases.
• Organizer / Invitee: the User who initiates a group booking, and a User invited to pay a share of it.
• Third-party service: advertisers, sponsors, marketing partners, and others who provide content or whose products or services may interest you.
• You: a person or entity registered with Backswing to use the Services.
• Cookie: a small amount of data saved by your web browser used to identify your browser, provide analytics, and remember information about you.

The Backswing Service

Backswing is a technology platform that helps golfers search for, book, coordinate, and pay for tee times and related goods and services offered by Courses. Backswing acts as an intermediary and booking facilitator; we do not own or operate Courses and are not the seller of the tee times or goods and services they provide. Each Course may impose its own rules and policies (including cancellation, pace-of-play, dress code, and weather policies). Backswing is a distributor and not a publisher of Course content and is not responsible for the acts, omissions, or policies of any Course.

Payments

1. Payment authorization & responsibility

By using Backswing's tee-time booking services, you agree to pay all fees associated with your bookings. You authorize Backswing to charge your provided payment method for all applicable fees at the time of booking or as otherwise specified in your account, and to place any pre-authorization holds necessary to verify funds. The final amount charged — including any applicable transaction taxes — is determined and shown to you at checkout. You represent that you are the authorized cardholder or are permitted to use the payment method you provide.

2. Third-party fees

Your use of the Service may result in additional fees from third parties, such as banks, card providers, or mobile carriers, and per the applicable Course's policies. You are solely responsible for those charges.

3. Price changes & billing updates

Backswing may modify pricing, fees, and billing methods at any time. Changes will be communicated via email, SMS, or posted on our platform. You are responsible for keeping your billing details current.

4. Failed payments & collections

If a payment fails (insufficient funds, expired card, or otherwise), Backswing may suspend or cancel your access until payment is successfully processed. If we incur costs collecting delinquent, undisputed amounts, you are responsible for the reasonable associated legal fees, court costs, and collection-agency fees.

5. Confirmation of transactions

No contract exists between you and Backswing for any tee time or service until we confirm your payment by email, SMS, or another appropriate method.

6. Payment method selection & fee refundability

When making a reservation you will be presented with payment options ("Pay Online" or "Pay at Course"). Refund eligibility for the Booking Fee depends on the option selected, as outlined in the Cancellation & Refund Policy.

Stored payment methods (Card on File)

When you make a purchase through Backswing, you may choose to have Backswing securely store your payment card for future purchases ("Card on File"). We store a card only if you affirmatively opt in — for example, by turning on "Save this card for future bookings" at checkout. At the point you enter your payment details, we present this authorization to you separately from these Terms so you can review and agree to it before any card is saved. If you do not opt in, your card is used only for that transaction and is not saved.

By choosing to save a card, you authorize Backswing and our Payment Provider, Stripe, Inc., to store your card credentials and to charge that card for future purchases you initiate through the Service, including tee-time bookings, Booking Fees, applicable taxes, split-payment amounts you agree to cover, and any cancellation or no-show charges that apply under the Cancellation & Refund Policy. You confirm that you are the authorized cardholder or are permitted to use the card.

Backswing charges a Stored Payment Method only when you actively initiate or authorize a purchase (a "cardholder-initiated transaction"). Backswing does not use your Stored Payment Method for automatic subscriptions or recurring billing. The amount of each charge is shown to you when you make a booking or authorize a payment. Where an exact amount is not known in advance (for example, a variable cancellation or no-show fee), the amount or the method used to calculate it is disclosed in the Cancellation & Refund Policy and at the point you authorize the payment.

You may view, update, or remove a Stored Payment Method at any time in the app under Profile → Payment Methods, and you may withdraw your consent to store a card at any time by removing it. Removing a card stops it from being used for future purchases but does not reverse charges already authorized. We keep a record of your consent to store each card — including the date, the scope of your authorization, and the version of these Terms in effect at that time — and will provide that record to your card issuer if requested.

We do not store your full card number on our own servers. Card credentials are stored and processed by Stripe, a PCI-DSS Level 1 certified payment provider. Backswing retains only limited information — such as the card brand, the last four digits, and the expiration date — so you can recognize your saved card.

Cancellation & refund policy

1. Tee time cancellations

Cancellation policies vary by Course. If a Course allows cancellations, you may request one through the Backswing app up to 24 hours before your tee time. Backswing does not allow same-day cancellations through the app; to cancel after the 24-hour window, contact the Course directly. Backswing follows the Course's policy. If the Course issues a refund, Backswing will refund your card on file within 3–5 business days after we receive the refund from the Course. Any refund is subject to the Course's policy.

• Pay Online: if the Course approves a refund for your reservation, the Booking Fee may also be refunded in accordance with that Course's policy.
• Pay at Course: Booking Fees are non-refundable regardless of cancellation outcome.

2. Refund policy

• Booking Fees: Pay Online — refundable if the Course issues a refund for the canceled reservation. Pay at Course — always non-refundable.
• Tee time bookings: all bookings are final unless the Course explicitly allows refunds. Refund eligibility is at the Course's discretion, and Backswing does not guarantee refunds.
• Weather-related cancellations: subject to the Course's policy.
• No-shows: users who fail to show up are not eligible for refunds, credits, or rescheduling and are subject to the Course's policy.
• Processing time: refunds, where issued, may take 3–5 business days depending on your payment provider, and exclude the non-refundable Booking Fee where Pay at Course was selected.

Split payments

Backswing offers split payment allowing multiple users to divide the cost of a booking. The user who initiates the booking (the "Organizer") can invite others to pay their share through the platform. The Organizer is responsible for the full booking payment at purchase. Invited participants must complete their payment within 2 hours after the invite is sent. The Organizer will be charged for any unpaid balance from unpaid members of the group.

By accepting a split payment, participants authorize Backswing to charge their selected payment method. If a participant's payment fails, they must resolve it before the split-payment window closes; any unpaid balance after the deadline is charged to the Organizer. If a booking is canceled in accordance with the Cancellation & Refund Policy, any applicable refunds are issued to the original payers based on their contributions. If the booking is non-refundable, no refunds are provided regardless of whether all participants paid. Booking Fee refundability under split payments follows the same Pay Online / Pay at Course rules stated above.

Return and refund policy

Refundability of Booking Fees depends on the payment method chosen: refundable only for "Pay Online" reservations if a Course authorizes a refund; always non-refundable for "Pay at Course" reservations. This section does not alter the tee-time cancellation and refund rules in the Cancellation & Refund Policy, which control in case of any conflict. If you are not satisfied with any good or service we provide, contact us at info@backswing.ai and we will discuss the issue with you.

License

Backswing grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the website/app strictly in accordance with these Terms and our End User License Agreement.

Restrictions

You agree not to, and will not permit others to: (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the website/app or make it available to any third party; (b) modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website/app; (c) remove, alter, or obscure any proprietary notice; (d) use the Service for any unlawful or fraudulent purpose or to make speculative or fraudulent bookings; or (e) interfere with, disrupt, scrape, or data-mine the Service except as expressly permitted.

Intellectual property

The website/app and its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Backswing, its licensors, or other providers and are protected by U.S. and international copyright, trademark, patent, trade secret, and other laws. The material may not be copied, modified, reproduced, downloaded, or distributed without Backswing's express prior written permission, except as expressly provided in these Terms. Any unauthorized use is prohibited.

Your suggestions and submissions

Any feedback, comments, ideas, improvements, or suggestions ("Suggestions") you provide with respect to the website/app remain the sole and exclusive property of Backswing. Backswing may use, copy, modify, publish, or redistribute Suggestions for any purpose without credit or compensation to you.

Third-party services

The Service may display, include, or link to third-party content or services ("Third-Party Services"), including Courses, the Payment Provider, mapping providers, and app stores. Backswing is not responsible for Third-Party Services, including their accuracy, legality, or quality, and assumes no liability for them. You access and use Third-Party Services at your own risk and subject to their terms.

Text messaging (SMS) terms

TCPA

By providing your phone number and opting in, you expressly consent to receive automated marketing and transactional text messages from Backswing, including updates, promotions, confirmations, and account notifications. Message frequency varies, and standard message and data rates may apply. You can opt out at any time by replying STOP, or contact info@backswing.ai to be removed. For help, reply HELP or contact info@backswing.ai. Consent to receive SMS is not a condition of purchase. Carriers are not liable for delayed or undelivered messages.

CTIA

Users must explicitly opt in and may opt out at any time by replying STOP. Messages will not contain illegal, deceptive, or inappropriate content, and no spam or phishing will be sent. Backswing does not sell or share your mobile number with third parties for marketing purposes and follows best practices for securing personal information.

FCC

We obtain documented consent before sending automated marketing texts, send messages at reasonable hours (no messages before 8 AM or after 9 PM in the recipient's local time), and immediately remove users who opt out from our SMS marketing list.

We may update these SMS terms at any time; changes will be reflected in these Terms and the Privacy Policy at backswing.ai.

Electronic communications and consent (E-SIGN)

By using the Service, you consent to receive communications from us electronically — including by email, in-app message, and text message — and you agree that electronic communications, agreements, and records satisfy any legal requirement that they be in writing. You may withdraw consent to non-essential electronic communications as described in the Privacy Policy, but doing so may limit your use of the Service.

No warranties

The website/app is provided "AS IS" and "AS AVAILABLE" with all faults and defects and without warranty of any kind. To the maximum extent permitted by law, Backswing, on behalf of itself and its affiliates, licensors, and service providers, disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or trade practice. Backswing makes no warranty that the website/app will meet your requirements, be compatible with other software or systems, operate without interruption, be error-free, or be free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

Limitation of liability

To the maximum extent permitted by law, in no event shall Backswing or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including damages for loss of profits, data, or other information, business interruption, personal injury, or loss of privacy) arising out of or related to the use of or inability to use the website/app, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose. To the maximum extent permitted by law, Backswing's total liability for all claims relating to the Service shall not exceed the greater of (a) the total amounts you paid to Backswing in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

You agree to indemnify and hold Backswing and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, arising out of your: (a) use of the website/app; (b) violation of these Terms or any law or regulation; or (c) violation of any third-party right.

Dispute resolution; arbitration; class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

This section applies to any dispute except a dispute relating to claims for injunctive or equitable relief regarding the enforcement or validity of intellectual property rights. "Dispute" means any dispute, action, or controversy between you and Backswing concerning the Services or these Terms, whether in contract, warranty, tort, statute, regulation, or any other legal or equitable basis, and is given the broadest meaning allowable under law.

Notice of dispute; informal resolution

In the event of a Dispute, you or Backswing must first give the other a written Notice of Dispute setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to info@backswing.ai; Backswing will send any Notice of Dispute to your mailing or email address on file. The parties will attempt in good faith to resolve the Dispute through informal negotiation for sixty (60) days from the date the Notice is sent. After 60 days, either party may commence arbitration.

Binding arbitration

If the Dispute is not resolved through informal negotiation, it will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and not in court. You are giving up the right to litigate disputes in court before a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this section. Either party may seek interim or preliminary injunctive relief from a court of competent jurisdiction to protect its rights pending arbitration, and either party may bring an individual claim in small-claims court.

Class action waiver

YOU AND BACKSWING 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.

Fees

Each party is responsible for its own attorneys' fees and costs, except that the arbitrator may award fees and costs to the extent permitted by the AAA Consumer Arbitration Rules or applicable law (including any statute that allows a prevailing consumer to recover fees).

Right to opt out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing info@backswing.ai with your name, the email associated with your account, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.

Severability of this section

If the class action waiver 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.

Time limit on claims

YOU AND BACKSWING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, IT IS PERMANENTLY BARRED.

Copyright infringement notice

If you believe material on our website/app infringes your copyright, contact us at info@backswing.ai with: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the allegedly infringing material; (c) your contact information (address, telephone number, email); (d) a statement that you have a good-faith belief the use is not authorized; and (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner's behalf.

Typographical errors

If a product or service is listed at an incorrect price or with incorrect information due to a typographical error, we may refuse or cancel any orders placed at the incorrect price, whether or not the order was confirmed and your card charged. If your card was already charged and the order is canceled, we will promptly issue a credit in the amount of the charge.

Promotions

Backswing may from time to time offer contests, promotions, or sweepstakes ("Promotions") that may be governed by separate rules with eligibility requirements (such as age and geographic restrictions). You are responsible for reviewing the applicable rules and are eligible only if you meet them.

Changes to these Terms

We may modify or replace these Terms at any time in our sole discretion. Unless otherwise required by law, we will notify you (for example, through the Service or by email) before material changes take effect and give you an opportunity to review them, and we will update the "Updated" date. Where required by law or by applicable card-network rules, we will obtain your consent to material changes (including changes affecting stored payment methods). If a revision is material, we will provide at least 30 days' notice before it takes effect. By continuing to use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree, stop using the Service and you may delete your account.

Termination

This Agreement remains in effect until terminated by you or Backswing. Backswing may suspend or terminate this Agreement at any time, with or without notice, including if you fail to comply with any provision. You may terminate by deleting the website/app and, if applicable, your account. Upon termination, you must cease all use of the website/app. Provisions that by their nature should survive (including Payments, Stored Payment Methods, Intellectual Property, No Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and Miscellaneous) will survive.

Governing law and venue

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules, and by applicable U.S. federal law. Subject to the Dispute Resolution section, any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Utah, and you consent to personal jurisdiction there. The Service is not intended for use where such use would be contrary to law; those who access it from other locations do so on their own initiative and are responsible for compliance with local laws.

Apple and Google App Store terms

If you download the app from the Apple App Store or Google Play, additional terms apply as set out in our End User License Agreement, including that Apple Inc. and Google LLC are third-party beneficiaries of that agreement with the right to enforce it.

Severability, waiver, and entire agreement

If any provision of these Terms is held unenforceable or invalid, that provision will be modified to accomplish its objective to the greatest extent possible, and the remaining provisions will continue in full force. No waiver of any term is a further or continuing waiver, and Backswing's failure to assert a right is not a waiver of it. Backswing may be entitled to injunctive or equitable relief in the event of a breach. These Terms, together with the Privacy Policy and End User License Agreement, constitute the entire agreement between you and Backswing concerning the Service and supersede all prior agreements. Section headings are for convenience only. Backswing operates and controls the Service from its offices in the United States.

Pro Shop Caddie (AI voice agent for courses)

This section applies only to golf courses, clubs, and facilities ("Course Customers") that subscribe to Pro Shop Caddie, Backswing's AI voice agent service ("Pro Shop Caddie" or the "Agent"). It does not apply to individual golfers using the Backswing consumer app.

In this section, "you" means the Course Customer. Where this section conflicts with other provisions of these Terms, this section controls for Pro Shop Caddie.

1. The service

Pro Shop Caddie is an AI-powered voice agent that answers inbound telephone calls placed to your published telephone number(s) after you enable call forwarding. The Agent answers caller questions (such as tee times, hours, range, lessons, and course status), transfers calls to your staff according to rules you configure, may send a caller an SMS booking link at the caller's request, and records, transcribes, logs, and stores each call in your dashboard. Pro Shop Caddie operates on top of your existing telephone number; you retain your carrier relationship and your number.

2. Configuration and your content

During onboarding you provide the information the Agent uses (hours, policies, pricing, tee-sheet details, call flows, transfer rules, and voice and persona settings) ("Course Content"). You are solely responsible for the accuracy, legality, and currency of Course Content, and you grant Backswing a license to use it to operate the Agent for you. You may tune the Agent's responses at any time through the dashboard.

3. AI limitations; no reliance

The Agent is an automated system that uses artificial intelligence, and it may produce responses that are inaccurate, incomplete, or unexpected. The Agent may misunderstand a caller, state an incorrect price or policy, or fail to transfer a call. You are responsible for reviewing the Agent's configuration and call logs, and for confirming any commitment communicated to a caller. Backswing does not warrant that the Agent will answer every call, answer correctly, or transfer correctly. The Agent is not a substitute for your staff and must not be used for emergencies, safety-critical matters, or medical, legal, or financial advice. Statements made by the Agent do not bind Backswing.

4. Caller disclosures — your obligations and ours

4.1 Backswing's commitments. Backswing configures the Agent to play, at the beginning of every call and before any recording is retained, a disclosure that (a) identifies the caller as speaking with an automated AI assistant, (b) states that the call is recorded and transcribed, and (c) offers a path to a human on request. Backswing will make this disclosure available in every deployment and will log the delivery of the disclosure with each call record. Backswing applies all-party (two-party) consent standards to every call in every state, without regard to where the caller is located.

4.2 Your commitments. You will not disable, suppress, shorten, or materially alter the AI and recording disclosure, and you will not configure the Agent to deny that it is an AI or to impersonate a specific, identifiable natural person. You will use the Agent only on telephone numbers you own or are authorized to control, and you will comply with all laws applicable to your use, including wiretapping and call-recording laws, biometric privacy laws, AI-disclosure laws, and the TCPA. If you record or monitor calls yourself, you are responsible for your own disclosures.

4.3 No voice cloning of real people. You may select a synthetic voice and persona from the options Backswing makes available. You may not direct Backswing to clone or imitate the voice of any identifiable individual without that person's documented, express written consent.

5. No biometric identifiers; no voiceprints

Pro Shop Caddie is configured so that it does not create, capture, collect, store, use, or disclose a "voiceprint," "biometric identifier," or "biometric information" as those terms are used in the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.), the Texas Capture or Use of Biometric Identifier Act, the Washington biometric privacy statute, or comparable laws. Specifically, the Agent:

• does not perform speaker identification, speaker verification, or voice authentication;
• does not perform speaker diarization or otherwise analyze vocal characteristics (such as pitch, timbre, cadence, or resonance) to identify or distinguish a caller;
• does not build, derive, or store a biometric template from caller audio; and
• does not use caller audio to train, fine-tune, or improve any voice model or foundational AI model.

Speech is converted to text solely to understand and respond to the caller's request. You will not configure, request, or enable any feature that would cause the Agent to create a voiceprint or biometric identifier. If Backswing ever offers a feature that would collect biometric identifiers, it will be offered only as a separate, clearly labeled, opt-in feature accompanied by a compliant written notice, written release, and published retention-and-destruction schedule, and it will not be enabled by default.

6. SMS booking links

The Agent may send a caller a single SMS containing a booking link only when the caller requests it during the call and provides or confirms the number. That message is transactional, is sent at the caller's request, and is not marketing. The Agent will not send marketing texts, and Backswing will not use caller numbers obtained through Pro Shop Caddie for marketing without separate, express consent obtained in compliance with the TCPA.

7. Data roles and caller data

As between you and Backswing, you are the business/controller with respect to caller data collected through your Agent, and Backswing acts as your service provider/processor. Backswing processes caller recordings, transcripts, phone numbers, and call metadata solely to provide, secure, support, and improve the Pro Shop Caddie service for you, and for no other commercial purpose. Backswing does not sell caller data, does not share it for cross-context behavioral advertising, and does not combine it with data from other sources except as permitted for a service provider under applicable law. Retention, access, and deletion are described in the Privacy Policy. You are responsible for responding to caller privacy requests directed to you; Backswing will provide reasonable assistance.

8. Fees, plans, and minutes

Pro Shop Caddie is sold on a subscription basis with a monthly allotment of included minutes as set out in your order or plan. Usage above the allotment may incur overage charges at the rates disclosed to you. Fees are billed in advance, are non-refundable except as required by law or expressly stated in your order, and may be changed on 30 days' notice effective at your next renewal term. You authorize Backswing to charge your payment method on file for subscription fees and overages.

9. Service availability

Backswing targets high availability but does not guarantee uninterrupted service. The Agent depends on your carrier, call forwarding, internet, telephony providers, and other third parties that Backswing does not control. You are responsible for maintaining a fallback (such as forwarding to your staff line) so calls are not lost during an interruption. Any service-level commitment applies only if expressly stated in a written order signed by Backswing.

10. Indemnification (Pro Shop Caddie)

In addition to the indemnity above, you will indemnify, defend, and hold Backswing harmless from any claim, demand, proceeding, or liability (including reasonable attorneys' fees and statutory damages) arising out of or relating to: (a) your disabling, suppressing, or altering the AI or recording disclosure; (b) Course Content that is inaccurate, unlawful, or infringing; (c) your use of the Agent on numbers you do not control; (d) your own recording, monitoring, or marketing practices; or (e) your violation of any wiretapping, biometric-privacy, AI-disclosure, or telemarketing law. Backswing will indemnify, defend, and hold you harmless from any third-party claim that the Agent, as provided and operated by Backswing and used in accordance with these Terms, infringes a U.S. intellectual property right or that Backswing failed to deliver the caller disclosure described in Section 4.1.

11. Limitation of liability (Pro Shop Caddie)

The limitation of liability stated above applies to Pro Shop Caddie, except that Backswing's total liability for all claims relating to Pro Shop Caddie will not exceed the fees you paid Backswing for Pro Shop Caddie in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits either party's indemnification obligations under Section 10.

12. Term, suspension, and termination

Your subscription continues for the term stated in your order and renews automatically unless either party gives notice before the renewal date. Backswing may suspend the Agent immediately if it reasonably believes your use violates law, disables required caller disclosures, or creates risk to Backswing or to callers. On termination, the Agent stops answering your calls, and you must remove call forwarding. You may export your call logs before termination; after termination, data is deleted or de-identified per the Privacy Policy.

13. Independent agreement

If you have signed a separate written Pro Shop Caddie order form, master services agreement, or data processing addendum with Backswing, that document controls to the extent it conflicts with this section.

Contact us

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