Effective Date: July 1, 2026 Last Updated: July 1, 2026 These Terms & Conditions (the “Terms”) govern access to and use of The System platform (the “Application”) operated by The System Golf, Inc. (“Company,” “we,” “us,” or “our”). By creating an account, accessing, or using the Application, the person or organization using the Application agrees to these Terms. We expect that in most situations, the person using the Application will be an individual (whether self-employed, an independent contractor, or otherwise). If the person using the Application is using the Application on behalf of an organization, school, coaching business, or other entity, that person represents that the person has authority to bind that organization to these Terms 1. Description of the Application The System is a golf coaching workflow and lesson-support application designed to help authorized coaches, instructors, or similar users manage student-related golf coaching activities. The Application may (now or in the future) support the following features: ● creation and maintenance of student profiles; ● recording of lesson notes, drills, assignments, and lesson outcomes; ● uploading, storing, or referencing voice, video, image, transcript, and other lesson-related media; ● use of schedule, calendar, lesson, and follow-up context; ● generation of summaries, draft follow-ups, next-lesson preparation materials, task classifications, and recommended next actions; ● maintenance of source or proof references supporting generated content; and ● gated external actions, where the coach or authorized user remains responsible for review and approval before any external communication, update, or action is sent or performed. 2. Eligibility and Account Registration Users must be at least 18 years old or the age of majority in the user’s jurisdiction to create an account. If a coach, instructor, organization, or other party that is not the student enters information about a student, that person or entity is responsible for ensuring that the collection, use, upload, and disclosure of student information through the Application is authorized and lawful. The Application is not intended for direct account creation by children under 13 unless we expressly enable such functionality and implement required parental consent processes. 3. Coach Remains the Operator The Application may provide AI-assisted drafting, summaries, recommendations, classifications, or preparation materials. The coach or authorized user remains the operator and final decision-maker. Users are responsible for: ● reviewing AI-assisted outputs before relying on them; ● verifying accuracy, appropriateness, and completeness; ● deciding whether to send, share, edit, delete, or disregard generated content; ● ensuring that communications with students, parents, guardians, schools, or third parties are appropriate and lawful; ● ensuring that any external action is approved by an authorized human user before being sent or performed. The Application does not independently make educational, coaching, or other consequential decisions about students. By using the Application, the user acknowledges and agrees that the AI agents used in the Application use a probabilistic orchestration model, not a deterministic model, and that the AI agent may provide an output that is not optimal for a situation or contains errors. Any and all uses of the Application and any resulting output must be reviewed and approved by an authorized human user. 4. Authorized Use Users may use the Application only for lawful coaching, educational, instructional, administrative, and lesson-support purposes. Users may not: ● upload information they do not have permission to provide; ● use the Application to harass, abuse, exploit, discriminate against, or harm another person; ● use the Application to make automated decisions without human review where such decisions could materially affect a student; ● use the Application for unlawful surveillance or unauthorized recording; ● upload malware, harmful code, or content that infringes another person’s rights; ● attempt to reverse engineer, scrape, interfere with, or bypass Application security; ● use the Application to generate or send deceptive, misleading, or unlawful communications; ● use the Application in violation of applicable school, club, workplace, athletic, professional, or organizational policies. 5. Student Information and Media Users may enter or upload student profiles, lesson notes, drills, voice recordings, video, images, transcripts, calendar details, and other lesson-related information. The user represents and warrants that the user has obtained all rights, permissions, notices, consents, and authorizations required to provide such information to the Application. If the information relates to a minor, the user is responsible for ensuring that the appropriate parent, guardian, or legally authorized person has provided any required consent. If the Application is used in a school context, additional laws such as FERPA, state student privacy laws, school district policies, and contractual requirements may apply. 6. Recordings and Consent The Application may allow or support the use of voice, video, image, or transcript information. Users are responsible for complying with all applicable recording, wiretapping, eavesdropping, biometric, privacy, and consent laws. Some states require consent from all parties to a recording. Users must not record or upload voice, video, image, or transcript information unless the user has the legally required consent or another lawful basis to do so. 7. AI-Assisted Features The Application may use artificial intelligence, machine learning, automation, or similar technologies to assist with: ● lesson summaries; ● draft follow-ups; ● next-lesson preparation; ● task classification; ● recommended next actions; ● organization of student and lesson context; ● retrieval or use of source-backed references. AI-assisted outputs may be inaccurate, incomplete, biased, outdated, or inappropriate. Users must independently review and validate AI-assisted outputs. AI-assisted outputs are not professional advice. The Application does not provide legal, medical, psychological, therapeutic, financial, or educational certification advice. 8. External Actions Are Gated The Application may help prepare external communications or actions, but external writes, sends, updates, or other external actions are intended to be gated by human approval. Users are responsible for approving, editing, or rejecting any external action. The user acknowledges and agrees that the Company is not liable for any output, external communication, or action, or any results resulting from any such output, external communication, or action that has not been approved by a human. The Company is not responsible for communications or actions that a user approves, sends, publishes, or performs through or based on the Application. 9. User Content “User Content” means information, files, media, notes, student records, prompts, instructions, calendar information, and other materials submitted to or generated through the Application by or for a user. As between the user and the Company, the user retains ownership of User Content, subject to the rights granted in these Terms. The user grants the Company a limited license to host, process, transmit, display, analyze, and otherwise use User Content as necessary to provide, maintain, secure, improve, and support the Application, subject to the Privacy Policy and any applicable agreement between the parties. 10. Acceptable Content Users may not upload or generate content that: ● violates applicable law; ● infringes intellectual property, privacy, publicity, or contractual rights of any third party; ● contains unlawful, harmful, abusive, threatening, or exploitative material; ● contains sensitive information that is unnecessary for the intended coaching purpose; ● contains health, biometric, or other sensitive information unless the user has authority to provide it and the information is necessary for the intended use. 11. Confidentiality Users may have access to confidential student, coaching, business, or organizational information through the Application. Users must protect confidential information and use it only for authorized purposes. Users are responsible for maintaining the confidentiality of account credentials and for all activity occurring under their accounts. 12. Security The Company uses reasonable administrative, technical, and physical safeguards designed to protect information processed through the Application. However, no system is completely secure. Users are responsible for using strong credentials, limiting access to authorized personnel, and promptly notifying us of suspected unauthorized access. 13. Third-Party Services and Vendors The Application may rely on third-party service providers, hosting platforms, database providers, transcription providers, AI service providers, analytics providers, communication providers, and other vendors. Third-party services may have their own terms and privacy practices. We are not responsible for third-party services except as required by law or by contract. 14. Fees and Payment If the Application is offered for a fee, pricing, payment terms, renewal terms, taxes, cancellation rights, and refund policies will be described in an order form, subscription page, invoice, or separate agreement. Unless otherwise stated, fees are non-refundable except as required by law. 15. Beta or Alpha Use If the Application is offered as a private alpha, beta, pilot, preview, or evaluation version, the Application may be incomplete, unstable, unavailable, or changed at any time. The Company may suspend, modify, or discontinue alpha or beta features without notice. Alpha and beta versions are provided for evaluation and feedback and should not be used as the sole system of record for critical information unless expressly agreed in writing. 16. Intellectual Property The Application, software, workflows, designs, interfaces, documentation, models, prompts, templates, and other Company materials are owned by the Company or its licensors. Except for the limited right to use the Application under these Terms, no rights are granted to the Company’s intellectual property. Users may not copy, modify, distribute, sell, lease, or create derivative works from the Application except as expressly permitted. 17. Feedback If a user provides suggestions, ideas, comments, or feedback, the Company may use that feedback without restriction or compensation, and the user assigns all right, title, and interest (including copyright and other intellectual property rights) in and to any such feedback to the Company, provided that the Company will not publicly identify the user as the source without permission. 18. Suspension and Termination We may suspend or terminate access to the Application if: ● the user violates these Terms; ● continued access creates legal, security, privacy, or operational risk; ● payment is overdue; ● the account is inactive; ● the Application is discontinued. Upon termination, the user’s right to use the Application ends. Data export, retention, and deletion will be handled according to the Privacy Policy and any applicable agreement. 19. Consent to Text Messages. By providing your mobile telephone number to the Company and selecting “I agree”, “Continue”, or otherwise providing your consent, you authorize Company, its affiliates, and its service providers acting on its behalf to send you SMS, MMS, and other text messages at the mobile number you provide. These messages may include: Transactional and account-related messages, including messages about your account, login or security verification, app activity, purchases, subscriptions, appointments, reminders, updates, alerts, customer support, and other messages relating to your use of the Application; and Marketing and promotional messages, including offers, promotions, product announcements, recommendations, surveys, and other advertising or promotional communications from the Company. You understand that these messages may be sent using automated technology, including an automatic telephone dialing system, automated system, or other automated means. You further understand that consent to receive marketing or promotional text messages is not required as a condition of purchasing any goods or services, creating an account, using the Application, or otherwise doing business with us. Message frequency may vary. Message and data rates may apply. Your mobile carrier is not liable for delayed or undelivered messages. You may opt out of receiving marketing or promotional text messages at any time by replying STOP to any marketing text message you receive from us or by following the instructions provided in the message. After you opt out, we may send you one final text message confirming that you have opted out. You may also contact us at support@thesystem.golf for assistance. For help, reply HELP or contact support@thesystem.golf. Opting out of marketing text messages will not necessarily opt you out of transactional, account-related, security, legal, or service-related messages that are necessary or appropriate for your use of the App, unless applicable law requires otherwise or you separately revoke consent to receive such messages. You may need to disable push notifications or adjust your account settings to stop certain non-SMS Application notifications. You represent that you are the account holder or customary user of the mobile telephone number provided and that you are authorized to consent to receive text messages at that number. If your mobile number changes or is reassigned, you agree to promptly update your account information or notify us at support@thesystem.golf. 20. Disclaimers The Application is provided “as is” and “as available.” To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and error-free operation. The Company does not warrant that AI-assisted outputs will be accurate, complete, appropriate, lawful, or fit for any particular use. 21. Limitation of Liability To the fullest extent permitted by law, the Company will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, business interruption, reputational harm, or loss of goodwill. To the fullest extent permitted by law, the Company’s total liability arising out of or relating to the Application or these Terms will not exceed the greater of: (a) the amount paid by the user to the Company for the Application during the three months before the event giving rise to liability; or (b) $100. Some jurisdictions do not allow certain limitations, so some limitations may not apply. 22. Indemnification The user agrees to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, affiliates, and agents from claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from: ● the user’s use of the Application; ● User Content; ● violation of these Terms; ● violation of law; ● failure to obtain required consents or permissions; ● communications or external actions approved, sent, or performed by the user. 23. Governing Law and Venue These Terms are governed by the laws of the State of Delaware without regard to principles of conflicts of law. For resolution of all disputes arising out of or relating to these Terms or the User’s use of the Application, the parties agree to exclusive jurisdiction and venue in the state or federal courts located in and for Middlesex County, Massachusetts. 24. Changes to These Terms We may update these Terms from time to time. The updated version will be posted or otherwise made available through the Application. Continued use of the Application after the effective date of updated Terms means the user accepts the updated Terms. 25. Contact Questions about these Terms may be directed to: The System Golf, Inc. 67 Grove Hill Ave Newton, MA 02460 support@thesystem.golf (617) 433-8773
The System Golf, Inc. · Legal