Terms of Service

1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all users of the Service, including golf course operators, staff members, and end-users.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, and "you" and "your" will refer to such entity.

2. Description of Service

Clarity Greens provides a comprehensive golf course management platform that includes:

Core Platform Features

• AI-powered tee time optimization and dynamic pricing
• Online booking and reservation management
• Customer relationship management (CRM) tools
• Point-of-sale (POS) integration and payment processing
• Inventory management for pro shops and F&B operations
• Analytics, reporting, and business intelligence
• Staff scheduling and operational management
• Marketing automation and customer communication tools

AI and Machine Learning Services

• Predictive analytics for demand forecasting
• Automated pricing optimization
• Customer behavior analysis and personalization
• Operational efficiency recommendations
• Revenue optimization insights

Support and Professional Services

• Technical support and customer service
• Platform training and onboarding
• Data migration and integration services
• Consulting and optimization services

We reserve the right to modify, update, or discontinue any aspect of the Service at any time, with or without notice, subject to the terms of your subscription agreement.

3. Account Registration and Security

Account Creation

To use our Service, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful and accurate registration information
• Maintain and update your account information
• Be responsible for all activities under your account
• Notify us immediately of any unauthorized use
• Comply with all applicable laws and regulations

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use strong, unique passwords for your account
• Enable multi-factor authentication when available
• Not share your account credentials with others
• Immediately notify us of any security breaches
• Log out of your account when using shared devices

Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. If you are using the Service on behalf of an organization, you must have the authority to bind that organization to these Terms.

4. Acceptable Use Policy

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Service or servers
• Transmit viruses, malware, or other harmful code
• Engage in any form of automated data collection or scraping
• Reverse engineer, decompile, or disassemble our software
• Remove or modify any proprietary notices or labels

Content Standards

Any content you upload, submit, or transmit through our Service must:

• Be accurate and not misleading
• Not infringe on intellectual property rights
• Not contain harmful, offensive, or inappropriate material
• Comply with applicable privacy and data protection laws
• Not violate any contractual obligations to third parties

Enforcement

We reserve the right to investigate and take appropriate action against users who violate these Terms, including suspending or terminating accounts, removing content, and cooperating with law enforcement authorities.

5. Subscription and Billing Terms

Subscription Plans

Our Service is offered through various subscription plans with different features and pricing. By subscribing, you agree to pay the applicable fees for your chosen plan.

Billing and Payment

• Payment Authorization: You authorize us to charge your payment method for all applicable fees
• Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Payment Methods: We accept major credit cards and ACH transfers
• Currency: All fees are quoted and charged in US Dollars unless otherwise specified
• Taxes: You are responsible for all applicable taxes, duties, and assessments

Fee Changes

We may change our fees at any time. For existing subscriptions, fee changes will take effect at the next renewal period, and we will provide at least 30 days' advance notice of any fee increases.

Refunds and Cancellation

• Cancellation: You may cancel your subscription at any time through your account settings
• Effective Date: Cancellations take effect at the end of the current billing period
• Refunds: We do not provide refunds for partial months or unused portions of your subscription
• Free Trials: You may cancel during any free trial period without charge

6. Intellectual Property Rights

Our Intellectual Property

The Service, including all software, technology, content, trademarks, and other materials, is owned by Clarity Greens and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service solely for your business purposes in accordance with these Terms.

Restrictions on Use

You may not:

• Copy, modify, or create derivative works of our software or content
• Reverse engineer or attempt to extract source code
• Rent, lease, lend, sell, or sublicense the Service
• Use our trademarks or branding without written permission
• Remove or alter any proprietary notices

Feedback and Suggestions

If you provide feedback, suggestions, or ideas about our Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our Service without any obligation to you.

Third-Party Content

Our Service may include content or integrations from third parties. Such content remains the property of its respective owners and is subject to separate terms and conditions.

7. Data Ownership and Usage Rights

Your Data

You retain ownership of all data you upload, input, or generate through our Service ("Customer Data"). This includes golf course information, customer records, financial data, and operational information.

License to Process Your Data

You grant us a limited license to access, process, and use your Customer Data solely to:

• Provide and operate the Service
• Perform AI analysis and generate insights
• Provide customer support
• Improve our Service (using aggregated, anonymized data)
• Comply with legal obligations

Data Security and Privacy

We implement industry-standard security measures to protect your data. Our data handling practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.

Data Portability and Deletion

• Export: You may export your data at any time through our platform
• Deletion: Upon termination, we will delete your data according to our data retention policy
• Backup: We may retain backups for a reasonable period for disaster recovery purposes

8. Service Availability and Support

Service Level Commitment

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted access. Our target uptime is 99.9%, excluding scheduled maintenance and circumstances beyond our control.

Maintenance and Updates

• We may perform scheduled maintenance with advance notice when possible
• Emergency maintenance may be performed without notice
• We regularly update our Service to improve functionality and security
• Some updates may require temporary service interruptions

Customer Support

We provide customer support through multiple channels:

• Email Support: Available 24/7 with response within 24 hours
• Phone Support: Available during business hours
• Live Chat: Available during business hours
• Knowledge Base: Self-service resources available 24/7

Third-Party Dependencies

Our Service relies on third-party providers for certain functionality (payment processing, cloud hosting, etc.). Service interruptions by these providers may affect our Service availability.

9. Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLARITY GREENS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or downtime
• Cost of substitute services
• Loss of goodwill or reputation

Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Exceptions

These limitations do not apply to:

• Our gross negligence or willful misconduct
• Violations of intellectual property rights
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by applicable law

10. Indemnification

You agree to indemnify, defend, and hold harmless Clarity Greens, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service in violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights
• Any content or data you submit through the Service
• Your negligent or wrongful conduct
• Any claims by your customers or users related to the Service

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

11. Termination

Termination by You

You may terminate your account and subscription at any time by:

• Cancelling through your account settings
• Contacting our customer support
• Providing written notice of termination

Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your account becomes delinquent on payment
• You engage in fraudulent or illegal activities
• We reasonably believe termination is necessary to protect our rights or the rights of others
• Required by law or legal process

Effect of Termination

Upon termination:

• Your access to the Service will be immediately suspended
• All outstanding fees become immediately due and payable
• We will provide you with access to export your data for 30 days
• After 30 days, your data may be permanently deleted
• Provisions that should survive termination will remain in effect

12. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration Process

• Arbitration will be conducted by the American Arbitration Association (AAA)
• The arbitration will take place in Delaware or via video conference
• The arbitrator's decision will be final and binding
• Each party will bear their own costs and attorneys' fees
• Class action lawsuits and jury trials are waived

Exceptions to Arbitration

Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.

13. Changes to These Terms

We may modify these Terms at any time to reflect changes in our Service, legal requirements, or business practices. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you via email if the changes are material
• Post a notice on our website highlighting significant changes
• Provide at least 30 days' notice for material changes that affect your rights

Your continued use of the Service after any changes indicates your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

14. Contact Information

If you have any questions, concerns, or disputes regarding these Terms, please contact us: