FlightScope Terms and Conditions for subscription services

FlightScope Terms and Conditions for subscription services

Last updated: February 10, 2025

Please read these terms and conditions carefully before using Our Service.

  1. Interpretation and Definitions

    1. Interpretation

      The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

    2. Definitions

      For the purposes of these Terms and Conditions:

      • “Account” means a unique account created for You to access our Service or parts of our Service.
      • “Country” refers to the country You access the Service from.
      • Depending on the country You access the Service from, the Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to:
      • FlightScope Golf LLC, FL, United States, or
      • FlightScope Ball Games LLC, FL, United States, or
      • FlightScope Europe Sp. z.o.o., Poland, or
      • FlightScope Mevo UK Limited, England, or
      • FlightScope Group Services (Pty) Ltd, South Africa, or
      • FlightScope Korea, Republic of Korea, or
      • FlightScope Japan KK, Japan
      • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
      • “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
      • “Free Trial” refers to a limited period of time that may be free when purchasing a Subscription.
      • “Services” refer to software-based features, functions, and digital solutions provided by the Company on a subscription basis. These may be accessed via the internet through a website, software application, or any other authorized platform. The Services may include, but are not limited to:
      • Online tools, applications, or features made available to users.
      • Data processing, storage, or cloud-based functionalities.
      • Subscription-based software functionalities that may be subject to different tiers of access.
      • Any support, updates, or maintenance provided as part of the subscription.
      • “Subscription” refers to a structured access model that grants You the right to utilize a software function or service under these terms. A Subscription may be:
      • Perpetual or Renewable: Access is granted indefinitely or requires periodic renewal, either automatically or through user action.
      • Fee-Based or Zero-Cost: Subscriptions may require a one-time payment, or recurring fees (e.g., monthly, annually). Subscriptions may be provided at no cost for basic service levels.
      • Tiered Availability: Different levels of service or functionality may be available based on the Service and the types of Subscription available, with some features restricted to higher-tier plans.
      • Access-Controlled: The Subscription may be linked to a user account, device, or software application or system. Access may be revoked, modified, or reinstated based on compliance with the subscription terms.
      • “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Services.
      • “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
      • “Website” refers to one or more of the following sites:
      • FlightScope Cloud | Golf, accessible from www.myflightscope.com
      • FlightScope Cloud | Baseball, accessible from https://baseball.flightscope.cloud
      • FlightScope Cloud | Softball, accessible from https://softball.flightscope.cloud
      • “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  2. Acknowledgment

    1. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
    2. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
    3. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
    4. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
    5. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read FlightScope’s Privacy Policy carefully before using Our Service.

  3. Subscriptions

    1. Subscriptions forms and periods

      1. Some Subscriptions may require a one-time payment with access granted indefinitely. Other Subscriptions may require recurring fees (e.g., monthly, annually). Subscriptions for basic service levels may also be provided at no cost.
      2. Paid Subscriptions will be billed, and must be paid, in advance.
      3. Subscriptions requiring recurring payment, (such as monthly or annually) will automatically renew unless You cancel it or the Company cancels it.

    2. Cancellations

      You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

    3. Billing

      1. You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
      2. The Company takes credit card security very seriously and we do not directly process, store or share your credit card information. Instead online payments are securely handled by level 1 compliant online payment gateway service providers such as Stripe, Braintree or Paypal.
      3. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

    4. Fee Changes

      1. The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
      2. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
      3. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

    5. Refunds

      1. Except when required by law, paid Subscription fees are non-refundable.
      2. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

    6. Free Trials

      1. The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
      2. You may be required to enter Your billing information in order to sign up for the Free Trial.
      3. If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
      4. At any time and without notice, the Company reserves the right to
        1. modify the terms and conditions of the Free Trial offer, or
        2. cancel such Free Trial offer.

  4. User Accounts

    1. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
    2. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
    3. You are responsible for safeguarding the password(s) and device(s) that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
    4. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
    5. You are responsible for all activities that occur under your account or from your device(s). We will implement and maintain reasonable security measures to protect against unauthorized access to your account, but do not guarantee absolute security of your account, your Content or the personal information you provide. We do not guarantee that our security provisions will prevent third-parties (e.g. “hackers”) from illegally accessing the Services and its data. You agree to immediately notify Us of any suspected unauthorized use of your account. You acknowledge and accept the risks of unauthorized access to your account and Content you provide to the Services.
    6. You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you choose to do so you hereby authorize Us to use the registration and other information of your third-party account and credentials to log you into your account on our Services. If you choose to log in to your account by way of a third-party network you also agree to the terms, conditions and policies of such third parties.
    7. If the Services use the Google Maps API you also hereby agree to be bound by the Google Maps Additional Terms of Service and Google Privacy Policy in connection with your use of the Services.

  5. Content

    1. Your Right to Upload Content
      1. Our Service allows You to upload Content, including data and video clips. You are responsible for the Content that You upload to the Service, including its legality, reliability, and appropriateness.
      2. By uploading Content to the Service, You grant Us the right and license to use, modify, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
      3. You represent and warrant that:
        1. the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and
        2. the uploading of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
    2. Content Restrictions and Acceptable Service Use
      1. The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
      2. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to being Unlawful, or promoting unlawful activity, is of a sexual nature, or is offensive, defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
      3. You agree to not:
        1. Attempt to gain unauthorized access to the Services or related systems, manipulate, disrupt, or exploit a software function or service, including but not limited to actions that bypass security mechanisms, alter system behavior, or gain unauthorized privileges;
        2. Copy, distribute, modify, or reverse-engineer any part of the Services unless expressly permitted;
        3. Engage in Malicious Use: using the Service in a manner that disrupts, harms, or infringes on the rights of others, or in a manner that intentionally compromises the integrity, security, performance, or fair use of the Service, exploiting vulnerabilities, automation, or scripting to manipulate the system in ways not intended the Company, scraping, copying, or exfiltrating proprietary, user, or system data without permission, modifying, or interfering with the software, APIs, encryption mechanisms, access controls, overloading the service, infrastructure, or network with automated requests, degrade or prevent access for legitimate users, deploying viruses, trojans, keyloggers, or other forms of malicious code within the Service impersonating the Service, to deceive individuals into revealing sensitive information such as credentials or payment details, overloading, manipulating, or otherwise misusing APIs, plugins, or third-party integrations beyond intended or authorized uses. using the service to share, distribute, or facilitate the transmission of copyrighted, illegal, or prohibited content, allowing multiple users to access a single subscription in violation of licensing terms, or reselling accounts without authorization.
        4. Violate any applicable laws, regulations, or third-party rights.
      4. Engaging in any of the activities described above may result in immediate suspension or termination of access, legal action, and liability for damages incurred by the service provider and affected users. The Company reserves the right to investigate and take necessary actions, including removal or modification of content, and including reporting violations to relevant authorities.
      5. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
    3. Content Backups
      1. Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
      2. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
      3. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
      4. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

  6. Intellectual Property and Copyright

    1. 6.1 Intellectual Property Infringement

      1. We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
      2. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at dcma@flightscope.com and include in Your notice a detailed description of the alleged infringement.
      3. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

    2. DMCA Notice and DMCA Procedure for Copyright Infringement Claims

      You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

      • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
      • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
      • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
      • Your address, telephone number, and email address.
      • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
      • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

      You can contact our copyright agent via email at dcma@flightscope.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

    3. Intellectual Property Rights

      1. The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
      2. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
      3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

  7. Links to Other Websites

    1. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
    2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
    3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

  8. Termination

    1. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
    2. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

  9. Liability and Limitations

    1. The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied.
    2. The Company shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Services.
    3. The Company’s total liability under these Terms shall not exceed the amount paid by the User for the subscription in the preceding twelve months (if any).

  10. “AS IS” and “AS AVAILABLE” Disclaimer

    1. The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
    2. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:
      1. as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
      2. that the Service will be uninterrupted or error-free;
      3. as to the accuracy, reliability, or currency of any information or content provided through the Service; or
      4. that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
    3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

  11. Governing Law

    The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

  12. Dispute Resolution

    If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

  13. For European Union (EU) Users

    If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

  14. United States Federal Government End Use Provisions

    If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

  15. United States Legal Compliance

    You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

  16. Severability and Waiver

    1. Severability

      If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

    2. Waiver

      Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

  17. Translation Interpretation

    These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

  18. Changes to These Terms and Conditions

    1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
    2. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

  19. Contact Us

    If you have any questions about these Terms and Conditions, You can contact us: